BACKGROUND INFORMATION ON CERTIFICATE OF AUTHORIZATION
(Reference $2821 of Delaware Prof. Engineers' Act)
House Bill No. 894, passed by the Legislature of the State of Delaware and signed by the Governor on July 7, 1972 provided for self regulation of the Engineering profession.
This bill established the Delaware Association of Professional Engineers and Council to regulate the practice of engineering in the State of Delaware. The Council replaces the former Delaware State Board of Registration for Professional Engineers and Land Surveyors.
This bill affects Engineering Corporations and Partnerships and certain Sole Proprietorships who practice or offer to practice engineering to the public and has been incorporated into Delaware Law as Title 24, Chapter 28, Paragraph 2821. This law requires such Corporations or Partnerships or Sole Proprietorships to obtain a "CERTIFICATE OF AUTHORIZATION" prior to such services.
This bill, furthermore, stipulates under the title of "PUBLIC WORKS" the following: "The State of Delaware, its political subdivisions, agencies, commissions, and authorities shall not solicit or receive proposals for or engage in the construction of public works involving the practice of engineering, unless the engineering drawings and specifications and estimates have been prepared by, and the construction is executed under, the direct supervision of a Registrant or Permittee. Any contract executed in violation of this section shall be null and void."
"RIGHT TO PRACTICE" - This bill provides: "A. The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a Certificate of Authorization is permitted, provided that one of the officers or one of the employees of the said engineering corporation or partnership (a) is designated as being in responsible charge of the engineering activities and engineering decisions of the said corporation or partnership, and (b) is a Registrant. All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be Registrants. The requirements of this Act shall not prevent an engineering partnership or corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations. (All final drawings, papers or documents involving the practice of engineering as defined in this Act when issued or filed for public record shall be dated and bear the signature and seal of the Registrants who prepared or approved them.)
B. An Engineering Corporation or Partnership desiring a Certificate of Authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the Engineering Corporation or Partnership and also of any Registrants who shall be in responsible charge of the practice of engineering through other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within thirty (30) days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a Certificate of Authorization to such Engineering Corporation or Partnership and such Engineering Corporation or Partnership shall be authorized to contract for and to collect fees for furnishing engineering services.
C. No such Engineering Corporation or Partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of his compliance with the provisions of this section; nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of his employment or relationship with such Corporation or Partnership."
HOW TO APPLY FOR A CERTIFICATE OF AUTHORIZATION IN DELAWARE
● All applicants are required to complete the application in its entirety at www.dape.org/CertificateAuthorizations/appLogin/.
In order to read and print the application, you should use Adobe Acrobat Reader (If you don't have Adobe Acrobat Reader Download Now!).
● Application must include a copy of the firm's current business license from the Delaware Division of Revenue (302-577-8238) to confirm compliance with Delaware State Tax laws.
● Application must include a list of the officers and board members of the firm.
● Delaware Professional Engineer(s) that have been designated in responsible charge of engineering activities on behalf of the firm, must acknowledge the designation by signing and sealing in the appropriate area of the application.
● Applications must be signed and then notarized. If applying electronically, applicant must download the affidavit section of the application and have this section signed, sealed and notarized. Applications will not be processed until completed affidavit is received by DAPE.
● Applications must include payment of the application fee ($200.00). Checks should be made Payable to DAPE. Electronic applications require a major credit card. ALL FEES ARE NON- RETURNABLE AND NON-TRANSFERABLE.