Mass Direct/Responsible Charge
I’m sure my mind is fading, but it seems to me that Mass used to require businesses that offer land surveying to have a PLS full-time on staff. I think there even was an advisory ruling to that effect, to deal with all of the companies who just had a consultant as their LS
I’m trying to look it up now, and I’m thinking it’s been revised so that the PLS just needs to be in charge and have Direct Charge. Seems like it opens the doors again for a PLS to be a rubber stamp for multiple firms.
When did this happen?
- 2 Replies
If you’re asking about Massachusetts you will find the information in 250 CMR Section 5.04 & 5.05 which were revised in 2013
5.04: Direct Charge and Supervision
A Registrant must exercise Direct Charge and Supervision over those persons assisting in the
preparation of Instruments of Service. Direct Charge and Supervision requires at a minimum
that:
(1) the Registrant exercised unambiguous decision-making authority with respect to the
preparation of the Instruments of Service he or she sealed and signed, without interference or
undue influence from any other individual or entity;
(2) the persons assisting in the preparation of the Instruments of Service were subordinates
reporting directly to the Registrant rather than through some other person or entity capable of
subverting the Registrant’s direction;
(3) the Registrant had the freedom and authority to assign personnel, and to employ appropriate
technologies and equipment for the preparation of Instruments of Service;
(4) the Registrant exercised due care in assigning tasks to persons assisting in the preparation
of Instruments of Service based upon the Registrant’s knowledge of each person’s expertise,
knowledge and skill levels;(5) the Registrant has a verifiable written record establishing that contributing work provided
by unlicensed individuals was subject to regular and continuing Direct Charge and Supervision
throughout the development process;
(6) the work performed by unlicensed individuals does not include approval of final designs or
decisions; and
(7) the persons assisting the Registrant preparing the Instruments of Service had continuous
access to and guidance from the Registrant throughout the development process.5.05: Business Entities
A Business Entity may provide or offer to provide engineering or surveying services only if
a registered engineer or land surveyor has management responsibility for that part of the
business. In this context, such Registrant is referred to as the Registrant-in-charge.
The relationship between the Business Entity and the Registrant-in-charge must be
characterized by the following:
(1) the Registrant-in-charge or a Registrant in his or her charge exercises Direct Charge and
Supervision as set forth in 250 CMR 5.04; and
(2) the Registrant-in-charge is an active participant in the contracting, reporting, publishing,
scheduling, etc. of professional services being offered by the Business Entity.
A few years ago 250 C.M.R. was revised, and incorporated a lot of the advisory rulings into the revisions. I suggest you start there.
The latest version of the board of registration website seems overly “streamlined” to me. The state seems to have wanted all of their web pages simplified and standardized. I have more trouble finding the information I seek on mass.gov web pages than I did a few years ago.
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