3D Modeling-License Required?

A quick read of 472.005 (4) (b)

(b)ƒ?ŸThe practice of surveying and mapping also includes, but is not limited to, photogrammetric control; orientation of improved or unimproved real property and appurtenances and personal property attached thereto, including acreage and condominiums; the monumentation and remonumentation of property boundaries and subdivisions; the measurement of and preparation of plans showing existing improvements after construction; the layout of proposed improvements; the preparation of descriptions for use in legal instruments of conveyance of real property and property rights; the preparation of subdivision planning maps and record plats, as provided for in chapter 177; the determination of, but not the design of, grades and elevations of roads and land in connection with subdivisions or divisions of land; and the creation and perpetuation of alignments related to maps, record plats, field note records, reports, property descriptions, and plans and drawings that represent them.

I would say there is a case to say that creating models falls under the realm of surveying and mapping.?ÿ I would ask the board for a determination of the issue.?ÿ In North Carolina, 3d data models are regulated to only be done by an engineer or land surveyor.

Much like construction staking, contractors can assume the liability and produce their own 3D models for use in machine control and as such direct employees of the construction firm doing the building can build the models without running afoul of the statutes governing surveying. If you are talking about providing 3d modeling as a service to multiple contractors then I would recommend licensure. That's not to say that there aren't individuals out there skirting the law and getting away with it?ÿ but I wouldn't try it myself.

Here's what NC says.?ÿ

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http://www.ncbels.org/Policies/3DModelingrev1%20_0607-2.pdf

That was my thought.?ÿ I sent an email to the board for clarification.?ÿ?ÿ

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http://machinecontrolonline.com/PDF/MachineControlMagazine_Ciccarone-ThoughtsFromOld3DModeler_Vol4No1.pdf

This was written awhile ago but as far as I see it's just as relevant today. Building a topo or proposed surface for earthwork calcs and one that works well in the specific machine doing the work are two very different things.?ÿThe contractor assumes ALL of the responsibility for the work and should be aloud to hire whoever they see fit to model their site.

Posted by: JOHNSONJOHNSON

http://machinecontrolonline.com/PDF/MachineControlMagazine_Ciccarone-ThoughtsFromOld3DModeler_Vol4No1.pdf

This was written awhile ago but as far as I see it's just as relevant today. Building a topo or proposed surface for earthwork calcs and one that works well in the specific machine doing the work are two very different things.?ÿThe contractor assumes ALL of the responsibility for the work and should be aloud to hire whoever they see fit to model their site.

I agree with this whole heartedly. So long as this person isn't staking out the job, actually "surveying" or designing anything, then a 3D modeler should not need a license.?ÿ They're taking plans that were approved and recreating them from a contractor who then assumes liability as if they were the ones who built it. In my opinion its no different than handing the set of plans off to a guy in the field to set catch basins or do basic grading. Someone reads the plans, finds the elevation, transfers it, then builds it. Same thing with the modeling, except digitally.

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If they're built incorrectly because of a bad modeler then they would in theory be without a job quickly and quite possibly end up in court trying to prove they didn't make a mistake. If they are built correctly there isn't an issue. There's nothing imo that being "licensed" would do to make them a better or more official modeler. I would agree that they should carry insurance but there is nothing different about an inhouse modeler vs a third party modeler - with the exception that I would argue the third party would be more experienced with issues popping up because they would see more models and have more practice than someone in house. In theory anyway.

?ÿby: SuperiorRyan

I agree with this whole heartedly. So long as this person isn't staking out the job, actually "surveying" or designing anything, then a 3D modeler should not need a license.?ÿ They're taking plans that were approved and recreating them from a contractor who then assumes liability as if they were the ones who built it. In my opinion its no different than handing the set of plans off to a guy in the field to set catch basins or do basic grading. Someone reads the plans, finds the elevation, transfers it, then builds it. Same thing with the modeling, except digitally.

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If they're built incorrectly because of a bad modeler then they would in theory be without a job quickly and quite possibly end up in court trying to prove they didn't make a mistake. If they are built correctly there isn't an issue. There's nothing imo that being "licensed" would do to make them a better or more official modeler. I would agree that they should carry insurance but there is nothing different about an inhouse modeler vs a third party modeler - with the exception that I would argue the third party would be more experienced with issues popping up because they would see more models and have more practice than someone in house. In theory anyway.

Glad you mentioned the importance of an INSURED modeler. Just as the contractor is liable to the owner, the model builder is liable to the contractor for his work and must be properly insured and thats not cheap.

From my experience that means carrying both Professional (E&O) and General Liability and is almost 10% of gross income even with never having filed a claim. If and when the accuracy of a model arises it is usually very easy to validate it by just comparing the model (that the contractor obviously already has an original of) to the plans and bid documents it was produced from.

In my 20 years both from a G.C. and Model builder's perspective, I have seen countless Xs more mistakes caught, corrected and avoided because of a quality 3rd party Modeler than created by.

I?ÿ agree Ryan, however I apply the same line of thinking to construction staking also, but obviously not to any kind of Boundary, Property Line or Right of Way of course.