The following article was published by BCxA Checklist Newsletter:

 

Any views or opinions presented in this article are solely those of the author, David Venters, and do not necessarily represent those of BCA.

 

When selecting a commissioning authority it is important to recognize the key elements (risk management, performance validation, technology transfer) that comprise the commissioning process meet legal and state definitions of engineering.  Therefore, in most jurisdictions (including Florida), those activities require a licensed professional engineer to be in responsible charge.

 

Statutes safeguard life, health, and property by defining engineering and establishing strict education, experience and testing levels required to achieve professional licensure.  Laws derived from statutes regulate persons and companies providing professional engineering services by assigning responsibility, establishing rules of conduct and holding engineers accountable through fines and loss of licensure.
 

Any tasks in the commissioning process that meet legal definitions of engineering or professional service are required to be executed under the responsible charge of a licensed professional engineer.  Most definitions are similar and generally match the following:

Florida statute 471.005-(7): "Engineering" includes the term "professional engineering" and means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems… and the inspection of construction for the purpose of determining in general if the work is proceeding in compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property; and includes such other professional services as may be necessary to the planning, progress, and completion of any engineering services.
 

Commissioning process tasks such as develop owner project requirements, review design, produce test specifications, inspect and verify: installation, operation and performance all meet the definition of engineering.  In particular, they meet sections such as “… the inspection of construction for the purpose of determining in general if the work is proceeding in compliance with drawings and specifications” and “… includes such other professional services as may be necessary to the planning, progress, and completion of any engineering services.”  While not every project includes all of the recommended tasks of the standard commissioning process, any combination of tasks meeting the definition constitutes an engineering service and is to be regulated as such.
 

Risk management to safeguard life, health, and property is the intent of this statute and all commissioning tasks serve to reduce risk for this purpose.
 

Laws also require licensed engineers practice within their “area of expertise”.  While this phrase is vague, it is clear that a mechanical engineer in responsible charge of a structural design without the proper technical background will be subject to the full penalties of the law including fines and loss of licensure.  Regulating the profession provides a significant level of protection to the public and incentive for engineers to practice only within their technical competence and experience.
 

Certifications, such as those for commissioning, help identify persons with some level of related technical background.  For engineers, they supplement continuing education, experience, and knowledge.  They also identify to the public the engineers operating within their “area of expertise”.  However, certifications do not eliminate the need for the individual in responsible charge of commissioning to have a professional engineering license.
 

For example, the American Society of Heating Refrigeration and Air Conditioning Engineers (ASHRAE) issues a Healthcare Facility Design Professionals (HFDP) certification.  Similar to commissioning certifications, the HFDP does not require the applicant to be a licensed professional engineer.  However, under no circumstances, with only a certification, can the applicant act as the engineer in responsible charge of a health care design project.
 

In summary, states and other jurisdictions license engineers to set minimum qualifications and hold them accountable in order to safeguard life, health, and property.  Many, if not all, of the tasks in the commissioning process meet legal and state definitions for engineering and therefore require a licensed engineer to be in responsible charge.  For engineers, commissioning certifications supplement their education, training and experience to demonstrate to the public they are operating in their area of expertise.  Certifications cannot replace the licensing required to perform professional services including commissioning.