STA: 'design delegation rule' needs clarification.

Once again, the serious and perplexing issue of "design delegation" has reared its head.

Slightly over a year ago, Subcontractors Trade Association published an encouraging report which indicated that procedures were in place which finally addressed and clarified the problem.

However, we were soon to be disappointed.

In 1996, after a great deal of confusion and controversy, Section 29.3(b) of the Rules of the Board of Regents was specifically amended to address and clarify the conditions under which a licensed architect or engineer may delegate the performance of design services to another licensed architect or engineer through an unlicensed third-party, such as a contractor or subcontractor.

After the amendment the NYS Education Department appointed an Industry Advisory Council to help develop guidelines and procedures to deal with possible abuse of the Regents Rule.

The principal licensed architect or engineer can, under the Regents Rule, delegate to a licensed architect or engineer hired by a subcontractor, specifically designated work ancillary to the major components of the project.

The Regents Rule requires the principal architect or engineer to review and approve (or disapprove) the design submitted by the subcontractor for conformity with the applicable specifications and to determine that the design prepared by the subcontractor's architect or engineer conforms to the overall project design and can be integrated into it.

Notwithstanding what appears to be clear rules, Empire State Subcontractors Association, Inc. ("ESSA") of which STA is a member, has reported that the principal architects and engineers are failing to approve delegated design work.

Instead ESSA reports that the principal design firms are stamping shop drawings with limited terms such as "no exceptions taken" and "reviewed only for loads imposed upon structure."

ESSA, whose current President is STA's former president Arthur Rubinstein (Skyline Steel), has complained to the Education Department that Regents Rule 29.3(b) is being routinely violated and provided documentation on several projects.

After a year of discussions with the Education Department, the Department determined in one instance that the Regents Rule was being violated and directed the engineering firm to approve the design submitted by Skyline Steel, but with respect to a second similar instance determined that the engineering firm had not violated the Regents Rule.

ESSA President Arthur Rubinstein has decided to challenge the Department's determination of "no violation" in the second instance which has left the issue of design delegation once again in confusion and uncertainty. This issue should be finally resolved.

Abuse of the Design Delegation Rule causes uncertainty not only for steel fabricators but for STA members in many trades.

We agree with ESSA and Arthur Rubinstein that clarification and certainty is vital in this area.

"No exception taken" is not the equivalent of "approved" and "reserved only for loads imposed upon the structure" is too limiting to be considered the equivalent of "approved."

ESSA requests that Chapter members make moderate contributions to Empire State Subcontractors Association at 6 Airline Drive, Albany, New York 12205 to help defray the cost of this important legal challenge.

Arthur Rubinstein and ESSA deserve our Support.