when do you go to the state board

huangyhg

when do you go to the state board
so i came upon a structural planset from an engineer that was stamped for a 135mph exp b wind speed. the planset was an internet plan set which clearly said something like "lateral force resisting system designed by others".  there was nothing in the planset addressing design for this wind speed.  nothing.  not a hold down, not a single requirement.  this thing wouldn't meet the prescriptive reqmnts of the irc.  and it's no simple house, offset story walls, ect..
i have since uncovered more plansets with this same negligance.  the building deparment says "hey, its stamped, we don't question the engineer".  
do i go to the state board??  i mean this is clearly a public safety and welfare issue.  if i don't report it i feel it would be negligant on my part.  do you know if board complaints are anonymous?  the last thing i want is to start a spat with this fellow.   

i know how you feel. i have come across the same problem on many occasions and there is not much i can do but pray that nothing will happens that will affect my work.
by the way - i dont think the reports are anonymous and for a good reason.
good luck staying away from those  
sigma1, so are you saying you filed?  what was the outcome?
are they house plans that you order off the internet?
in my state (wisconsin), one and two family dwellings are not stamped by registered architects or professional engineers.
i think the rationale is that most residential structures are small, and have enough sheathing, to resist lateral loads.
also, since you are talking about a private residence, this is not a public safety issue, in my opinion.
but every state is different, so my comments may not be valid for your case.
daveatkins
as a licensed engineer you are obligated by most state laws to report this.  engineers such as this degrade the profession and make the standards so low that it places the concept of licensing in jeopardy.  report it.
if you can prove it deficient with calculations in a court of law and can afford a counter suit from the author of the deficient plans then go ahead and file a complaint.
going to the state board to file a complaint does not necessarily open you to liability, unless the claim is frivolous, libelous, or slanderous.  most state boards take complaints, investigate the merit of the complaint, then take action as they deem appropriate.  you, as the complainant, do not have a say in the matter beyond alerting the board to an errant practice.
in oregon....
"general information  
oregon law charges the oregon state board of examiners for engineering and land surveying (osbeels) with carefully investigating any complaints or information relating to violations of the oregon revised statutes (ors) 672.002 to 672.325 and the oregon administrative rules (oar, chapter 820).  the regulation department of osbeels receives, tracks, and investigates complaints and presents findings to the law enforcement committee (lec) for recommendations to the board.   
in accordance with ors 672.210; in particular subsection 1 and oar 820-015-0010; in particular subsections 1 and 2, anyone (complainant) may submit a complaint against any individual, including a registrant. osbeels also accepts anonymous complaints. additionally, ors 672.210; in particular subsection 1 states that osbeels may initiate its own compliant against a person. the board represents the public welfare as a whole, not the complainant as in an attorney client relationship.
complaint process
upon receipt of a complaint form or other written information against an applicant, registrant or another person (respondent), the regulation department staff will conduct a preliminary review to establish that there is sufficient evidence to justify proceeding and whether the allegations against the respondent are such that, if proven, would result in a penalty or sanction.  
the complainant's role is to provide osbeels with any relevant information or documentation pertaining to the complaint. circumstances may arise when the anonymity of a complainant makes it difficult to proceed in a case due to insufficient evidence to support actions that may be in violation. therefore, if filing an anonymous complaint, it is important for the complainant to provide clear and specific information in relation to the alleged violation(s) of the respondent.  
if the complaint is considered valid, the respondent will be notified of the allegations by mail and written comments will be requested.  as part of the investigation process, the regulation department staff may seek additional responses from the respondent, request a review of the matter by professionals with relevant experience (expert reviewer(s)), and/or ask for legal review from osbeels' assistant attorney general.  all relevant information is compiled and presented to the lec, during a scheduled meeting, for determination.  the determination results in an "action" or "no action."  an "action" consists of a notice of intent, additional investigation, or expert reviewer(s).  a "no action" consists of closing the case.  
depending on the result of an investigation, a case may not be subject to a disciplinary action.  however, if the lec determines that there are sufficient facts and legal grounds to proceed, it will direct the regulation department staff or the osbeels' assistant attorney general to prepare a notice of intent for disciplinary action.  such notices are governed by the oregon administrative procedures act, namely the ors 183.415.  the notice of intent is a formal notice sent to the respondent, stating the actions that are in violation of osbeels regulatory authority, a proposed disciplinary action, and informs the respondent of their rights to a hearing.  additionally, complainants may be requested to provide testimony for the case."
thanks guys.  i looked at my state statutes and i have a professional and ethical obligation to report it or i could loose my license.  i am not thrilled about it but i'll do what i know is right and let the chips fall where they may.
thanks again.
maybe the house hasn't been built yet, so perhaps you could contact the engineer and let him/her know about your concerns? maybe they will then address the problems that you discovered and perhaps even be grateful?