Professional Seals in drawings??

Discussion in 'AutoCAD' started by trynders, May 5, 2004.

  1. trynders

    trynders Guest

    Hello,
    I have been told that electronic seals and signatures are now legal in the state of Missouri. I was also told that there is a way to include the seal in the drawing and when the drawing is altered or changed that the seal is removed automatically. ??
    Does anyone know anything about this?
    Thanks in advance!
     
    trynders, May 5, 2004
    #1
  2. trynders

    TALSKY Guest

    You maybe are referring to Verisign. This is a 3rd party application. When you use
    it, and send out the electronic file, the file is marked that it is signed. When it
    is changed and saved, the signature is removed, and the drawing is no longer signed.

    Jack Talsky


    Missouri. I was also told that there is a way to include the seal in the drawing and
    when the drawing is altered or changed that the seal is removed automatically. ??
     
    TALSKY, May 5, 2004
    #2
  3. trynders

    trynders Guest

    Jack...
    Do you use this software? Where can I get it?
     
    trynders, May 5, 2004
    #3
  4. trynders

    TALSKY Guest

    Try this URL: http://www.verisign.com/products/signing/code/index.html

    In answer to your question about me using it.....NO. I do not have real need for it
    at this time, but have had clients who need this or something similar. To me, it
    sounds like a good way to go to protect oneself from others making unknown and
    unauthorized changes. It does not prevent someone from plagiarizing a drawing, or
    using parts of the drawing in a completely different project without your permission.
    If that is someone's objective, they can do it if they have the tools and
    determination.


    There is a tremendous amount of information in the AutoCAD Help file. I looked under
    Digital Signature. Below I copied and Pasted here a good description of what it is.

    Jack Talsky
    ===============================
    From the AutoCAD Help File:
    With a digital signature, you can collaborate more easily with others on projects.
    Recipients of drawings are provided with reliable information about who created a set
    of drawings and whether they were modified since they were digitally signed.

    Specifically, digital signatures provide the following benefits:

    a.. Recipients of digitally signed files can be sure that the organizations or
    individuals who sent the files are who they claim to be.
    a.. A digital signature guarantees that a file has not changed since the file was
    signed.
    a.. A signed file cannot be rejected as invalid. The signer of a file cannot later
    disown the file by claiming the signature was forged.
    A digital signature is not the same as a digitized signature. While a digital
    signature helps prove your identity and a drawing's authenticity, a digitized
    signature is nothing more than an electronic version of your own signature. It can be
    forged and copied, and has no real security value.

    ===============================\
     
    TALSKY, May 6, 2004
    #4
  5. Keep in mind that this signature is only detectable in the electronic
    file. If you make a paper plot there's no way to tell if it's
    electronically signed or not.

    Martin
     
    Martin Shoemaker, May 9, 2004
    #5
  6. trynders

    MESC Guest

    I have seen drawings from engineering companies with the 'seal' on the electronic drawings and in the printed format, I've been told it works this way, but not entirely sure how... We see it from the bigger engineering firms, Black and Vetch, or Brown and Root.. So if any of the KBR or B&V guys check this site, What do you use, and how can the rest of us get it?
     
    MESC, May 21, 2004
    #6
  7. trynders

    Tim Guest

    Are you talking about a digital seal on the dwg files..if so thats a simple
    matter of creating the digital stamp..Where I used to work (before being
    laid off) I had created PE seals for everyone of the states that the
    engineers were registerd in (about 7 of them) Including their signatures & a
    attributed date for the seal..Saved tons of time over having to stamp & date
    the hard copies.

    Tim W.


    electronic drawings and in the printed format, I've been told it works this
    way, but not entirely sure how... We see it from the bigger engineering
    firms, Black and Vetch, or Brown and Root.. So if any of the KBR or B&V guys
    check this site, What do you use, and how can the rest of us get it?
     
    Tim, May 21, 2004
    #7
  8. I'd be interested to know which states allow PEs to scan in a seal. As
    has been discussed recently, most states allow computer generated
    stamps/seals, but none that I know of allow scanned-in signatures (for
    PEs -- the rules for architects sometimes differ). Most states have
    specific rules that scanned signatures are not allowed. Several require
    that the date be entered by hand. Whether the rules are enforced may be
    a different matter, but I wouldn't want to be the test case.

    Martin
     
    Martin Shoemaker, May 22, 2004
    #8
  9. trynders

    Paul Turvill Guest

    I wonder how many states we can get readings from here. I can start with
    Washington: electronic seal (or stamp) is ok, but *signature* must be "wet."

    Anyone else care to contribute?
    ___
     
    Paul Turvill, May 22, 2004
    #9
  10. trynders

    Paul Turvill Guest

    Oh, and BTW, same rule applies to Architects, Land Surveyors, and Engineers.

    "wet."
     
    Paul Turvill, May 22, 2004
    #10
  11. Here are the requirements of New York State.

    Section 7307 of the State Education Law requires every architect to have a
    seal and identifies when it must be applied. It does not specify whether it
    is to be an embossing seal or a rubber stamp. An architect might comply with
    the requirement of the law by using any legally equivalent method, but
    common practice, and the apparent preference of most local authorities
    having jurisdiction, is the rubber stamp.

    Options on applying the seal which are acceptable to the Department and the
    State Board for Architecture include, but are not be limited to:

    a.. A rubber stamp applied to an original drawing or a copy.
    b.. A sheet on which the seal has been printed, usually as an integral
    part of the title block.
    c.. Affixing a pressure sensitive or adhesive label on which the seal has
    been printed.
    d.. An electronic reproduction of the seal incorporated into a
    computer-generated drawing.

    In all cases the licensee should ensure that the seal is legible and, in
    accordance with Section 7307.1, should personally sign the document so as
    not to obscure the information contained in the seal. Where a pressure
    sensitive or adhesive label is used, it is recommended that the signature
    should not be applied to the actual label, but rather to the document
    itself.
     
    Daniel J. Altamura, R.A., May 22, 2004
    #11
  12. Here's my interpretation of the laws and rules for the states I've
    looked up. All the usual legal disclaimers apply...

    Arizona PE: Original seal imprint (inked stamp) or computer generated
    seal that matches the stamp imprint on file with the Board. No
    "sticky-back". The signature must be original or electronic, with
    electronic defined as being digital certificate based and traceable.

    California PE: The seal must be an inked stamp or a computer generated
    representation of the inked stamp. The signature may be applied to the
    drawings electronically [although I don't know how this works in
    practice -- I always have to do several sets of wet seals to meet the
    AHJ's requirements]. "Sticky-backs" of seals and signatures and rubber
    stamps of signatures are not allowed.

    Colorado PE: The seal may be crimp, inked stamp, or computer generated.
    The signature must be original or electronic, with electronic defined
    as being digital certificate based and traceable.

    Kansas PE: The seal may be crimp, inked stamp, or computer generated.
    The signature must be original. "Computer-generated or other facsimile
    signatures and dates shall not be acceptable."

    Nevada PE: Registrants must buy an inked seal through the Board. I
    couldn't find anything that addresses computer-generated seals. The
    signature may not be a rubber stamp or computer generated.

    New Mexico PE: The seal may be crimp, inked stamp, or computer
    generated. Rubber stamps and all facsimiles of signatures are not
    allowed. "Electronic signature as provided by law and Board's policy
    shall be acceptable." Here's what an advisory says:

    Signatures - the term "signature," as used in the Board's
    Administrative Code, shall mean handwritten or digital as follows:

    1. A handwritten identification that represents the act of putting
    one's name on a document to attest to its validity. The
    handwritten identification must be:

    a. Original and written by hand;
    b. permanently affixed to the document(s) being certified;
    c. Applied to the document by the identified licensee; or

    2. A digital identification that is an electronic authentication
    process attached to or logically associated with an electronic
    document. The digital identification must be:

    a. Unique to the person using it
    b. Under the sole control of the licensee using it
    c. Linked to a document in such a manner that the digital
    identification is invalidated if any data in the document is
    changed

    Drawings, reports, or documents that are signed using a digital
    signature, as defined above, shall contain the following:

    a. Authentication procedure
    b. A list of the hardware, software, and parameters used to
    prepare the documents(s)

    The list of hardware requirement might get interesting...

    Ohio PE: The seal may be crimp, inked stamp, or computer generated.
    The signature must be hand written.

    Texas PE: The seal may be crimp, inked stamp, or computer generated.
    The signature must be original. "Sticky-backs" of seals and signatures
    and rubber stamps of signatures are not allowed.

    Utah PE: The seal may be crimp, inked stamp, or computer generated.
    The signature must be original.

    Wisconsin PE: Seals must be crimp or inked stamp. All seals must be
    originals. No stickers or electronically scanned images are allowed.
    Signatures must be original and in a contrasting color. There is an
    allowance for electronic signatures that I did not research. There is
    also a statement that any statutes concerning seals and signatures will
    govern over the board's rules.


    Martin
     
    Martin Shoemaker, May 23, 2004
    #12
  13. trynders

    Tim Guest

    Before we submitted the plans we would always check & make sure the digital
    signature was okay with them. Most of our plans delt with local county
    boards not state govts. so it was hit or miss as to whether or not they
    would accept the digital seals/signatures at all.

    Tim



    electronic drawings and in the printed format, I've been told it works this
    way, but not entirely sure how... We see it from the bigger engineering
    firms, Black and Vetch, or Brown and Root.. So if any of the KBR or B&V guys
    check this site, What do you use, and how can the rest of us get it?
     
    Tim, May 24, 2004
    #13
  14. Just my opinion here, but I be very cautious about doing this. In
    general, a municipality can have rules that exceed the state
    requirements, but not rules that are less restrictive. If the Board's
    rule (or the state law) is that scanned signatures aren't legal, any
    complaint to the Board could lead to disciplinary action regardless of
    whether a municipality said it was OK. Maybe if you got a statement in
    writing from the municipality, but I can't imagine they'd put it in writing.

    Martin
     
    Martin Shoemaker, May 24, 2004
    #14
  15. trynders

    KLYPH Guest

    Your research sure is appreciated. However, here in Central Texas, we all still like to brand our seal onto the drawings with a hot iron, from the campfire. It reproduces well enough, but, you've gotta be careful, lest the sheet burns up. Read Ya Later -KLYPH
     
    KLYPH, May 27, 2004
    #15
  16. trynders

    OLD-CADaver Guest

    Thanks Martin. the only exception for us is "reasonable protection of the stamp". Several of the states (specifically Texas, California, Colorado and Wisconsin) on your list allow electronic stamps, but make it clear that the PE is required to "protect" his stamp from entering unscrupulous hands.

    That being the case, placing that electronic stamp on a file that may leave the control of the PE would be against code. At least that's how our PEs and legal dept. have interpreted the codes.
     
    OLD-CADaver, May 27, 2004
    #16
  17. I'm at the point of believing that the whole manual seal/manual
    signature thing needs to be revisited. My rubber stamps only leave my
    office in my possession, and I remove the computer-generated seals from
    drawings that we email, but anyone with a basic knowledge of cad could
    recreate any of my stamps in a few minutes, and anyone can go to a
    stationery store and buy a duplicate any of my stamps. All they have to
    do is visit the state board's web site to get the "approved" format for
    the seal, then do a registrant lookup to get the license number. If I
    wanted to I could scan in a dozen or so samples of my signature, and at
    least in those states that allow blackline or blueline copies for
    submittals if I rotated the scans no one would ever know how the
    signatures were done. Even when the signature is manual, there's no way
    for a plans reviewer to know if it's really my signature. The two times
    that I know of that my drawings have been forged have both passed plans
    review -- in one case they used white-out and typed a new address on a
    faxed drawing (faxed copies are perfectly legal here), and the other
    someone cut a valid title block off one drawing and taped it to another.
    I only found out in each case because I got calls from the field
    asking about the jobs. Physical security of the seal made no difference
    in either case, and I suspect that's true of most forgeries. [For the
    record, I have never used a scanned signature, a signature stamp, or a
    signature machine, or allowed anyone to sign drawings using my name.]

    Crimp seals, inked stamps, and manual signatures meant something 30
    years ago. I'm not sure they do now. I think they're mostly an
    exercise in writer's cramp, especially since the sheet counts tend to be
    much higher with cad drawings. All things considered, I'd support
    computer-generated stamps and scanned signatures. For honest people,
    they're just as secure as any other method. For the others, all the
    rules in the world won't change what they do.

    Martin
     
    Martin Shoemaker, May 28, 2004
    #17
  18. trynders

    OLD-CADaver Guest

    <<and anyone can go to a stationery store and buy a duplicate any of my stamps. All they have to do is visit the state board's web site to get the "approved" format for the seal, then do a registrant lookup to get the license number.>>

    One of our PEs took a copy of his stamp down to a local Stationary store to get a copy made. He was told by the store that it would be unethical for them to re-create that stamp, and they gave him the phone number of the state representative responsible for issuing the stamp.

    IOMHO, Until the states remove the requirement that the stamp holder take all reasonable precautions to protect the stamp, affixing it electronically (when the escape of the file is possible) will remain outside the code.
     
    OLD-CADaver, May 28, 2004
    #18
  19. I'm surprised that the stamp wasn't reproduced. I know in Nevada you
    have to buy the first stamp through the Board, but they specifically
    state you can buy stamps wherever you want. The primary store I've used
    here in Arizona has all the blanks on file and will make whatever you
    ask for.

    I don't necessarily disagree on your comment on affixing seals
    electronically, although the rules most places are so vague that I'm not
    sure they can be enforced. Defining "all reasonable precautions" would
    be difficult. Is the emphasis on "all" or on "reasonable"? If a board
    specifically allows computer-generated seals, I think it might be hard
    for them to argue that you couldn't have a seal embedded in a drawing on
    your server. If your standard practice is to send files with embedded
    seals to anyone who asks I could see a problem, but if your policy is to
    not send files with seals but one slips out by mistake, I think you
    could make a case that you've been "reasonable".

    What I'd really like to see is a bit more uniformity in sealing
    standards. Some states don't even use seals. Some require signatures
    across the face of the seal, some adjacent to the seal. Some require a
    stamp but don't require a signature (based on what I've read). Some
    have specific text that must replace the seal if a record copy is made.

    All that said, I haven't noticed any Boards that seem to be overly
    concerned with seals. Disciplinary actions tend to be for incompetence
    or practice out of the area of competence, for non-registrants who
    provide professional services, for _intentionally_ allowing someone to
    use a seal or forge a registrant's signature, or for sealing plans that
    weren't prepared by the registrant. I don't recall ever seeing anyone
    cited for having their signature in the wrong place or for inadvertently
    sending a file out with an unsigned seal.



    Martin
     
    Martin Shoemaker, May 28, 2004
    #19
  20. trynders

    OLD-CADaver Guest

    <<although the rules most places are so vague that I'm not
    sure they can be enforced. Defining "all reasonable precautions" would be difficult. Is the emphasis on "all" or on "reasonable"? If a board specifically allows computer-generated seals, I think it might be hard for them to argue that you couldn't have a seal embedded in a drawing on your server. If your standard practice is to send files with embedded seals to anyone who asks I could see a problem, but if your policy is to not send files with seals but one slips out by mistake, I think you could make a case that you've been "reasonable". >>

    Yes, once we spent several pounds of money to get it in front of the controlling entity, we could make that case.

    We understand the ambiguity of the current statutes, and the possibility of a stamp escaping our network. We also understand the legal costs involved in defending a position. We also understand, in the wake of many previous cases, that just because a position makes considerable sense to us is no guarantee that the governing body will agree.

    In light of that, our PEs and legal dept. have determined that our current position should be that electronic stamps can not be "reasonably" protected if affixed to files that have the possibility of escaping our control.
     
    OLD-CADaver, May 28, 2004
    #20
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