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CoSign Digital Signatures for AEC - Regulatory Compliance

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Digital Signature Regulatory Compliance for Engineering

Digital signatures are legally enforceable in each of the 50 U.S. states as outlined by ESIGN, the Electronic Signatures in Global and National Commerce Act, enacted in June 2000. In the European Union, digital signatures are legally enforceable as per the EU Directive for Electronic Signatures (1999/93/EC).  View an on-demand presentation on digital signature regulatory compliance.

In the U.S., the Professional Engineering Board (P.E. Board) of each state determines the compliance of a professional engineer’s seal, stamp, and digital signature on final original documents. Specifically for signing and sealing documents and drawings, including those used for submissions, the majority of P.E. Boards accept digital signatures, with several recognizing digital signatures as the most reliable and secure option, and as the only acceptable, legally enforceable electronic signature. Read more about the differences between digital signatures and electronic signatures.

 

Click on your state to learn more about the P.E. Board regulations regarding digital signatures:

 

*** All reasonable measures have been taken to ensure the quality, reliability, and accuracy of the information presented here. However, ARX Inc. is not responsible for content that is referenced to from other sources, and makes no warranties as to its accuracy. Last updated August 2011.

 


Related Legislation on Digital Signatures in the US and Worldwide


Digital Signature Acceptance by U.S. State P.E. Boards


Digital Signatures and Seals in Alabama
Handwritten and digital signatures and seals accepted.
“The term “Signature” shall mean handwritten or digital… A digital signature that is an electronic authentication process attached to or logically associated with an electronic document. The digital signature must be:
  1. Unique to the person using it
  2. Capable of verification
  3. Under the sole control of the person using it
  4. Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Alaska
Handwritten and digital signatures and seals accepted.

"An electronic image of a signature may be used on the seal if the registrant or the owner of the documents retains an original copy of the documents, accessible for later reference, that has either

  1. an original hand signature over the seal; or
  2. software in place that will automatically remove or modify the electronic image of the signature if the document is modified.”
Digital Signatures and Seals in Arizona
Handwritten and digital signatures and seals accepted.
“An electronic signature, as an option to a permanently legible signature… is acceptable for all professional documents. The registrant shall provide adequate security regarding the use of the seal and signature.”
Digital Signatures and Seals in Arkansas
Handwritten and digital signatures and seals accepted.
“Documents digitally signed may be transmitted electronically as long as the signature is unique to and under the sole control of the person who applied it, be capable of verification and be linked to the document in such a manner that the signature is invalidated if any data on the document is altered.” 
Digital Signatures and Seals in California
Handwritten and digital signatures and seals accepted.
“The seal shall be capable of leaving a permanent ink representation, an opaque and permanent impression, or an electronically-generated representation on the documents. The signature may be applied to the documents electronically.”
Digital Signatures and Seals in Colorado
Handwritten and digital signatures and seals accepted.
“An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effects as a manual signature. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows:
  1. Unique to the person using it.
  2. Capable of verification.
  3. Under the sole control of the person using it.
  4. Linked to a document in such a manner that the electronic signature is invalidated if any data in the document are changed.”
Digital Signatures and Seals in Connecticut
Original signature only.
Currently, the Connecticut P.E. Board will accept original signatures and original seals only.
Digital Signatures and Seals in Delaware
Handwritten and digital signatures and seals accepted.
The Delaware P.E. Board will allow digital signatures, as long as the recipient (such as building officials) accepts digital signatures.
Digital Signatures and Seals in the District of Columbia
Handwritten and digital signatures and seals accepted.
“Drawings, reports, or documents that are signed using a digital signature, as defined in these Rules, shall contain the following:
(a) An authentication procedure that includes the following elements:

  1. A unique signature; 
  2. Capability to verify the source; 
  3. Sole control by the person using it; and
  4. A link to the document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Florida
Handwritten and digital signatures and seals accepted.
“A professional engineer utilizing a digital signature to seal engineering work shall assure that the digital signature is:
  1. Unique to the person using it;
  2. Capable of verification;
  3. Under the sole control of the person using it;
  4. Linked to a document in such a manner that the electronic signature is invalidated if any data in the document are changed.”
Digital Signatures and Seals in Georgia
Original signature only.

Digital signatures are being adopted, but the rules of the state have not been formally updated to accept them as of August 2011.

Digital Signatures and Seals in Hawaii
Original signature only.
Currently, the Hawaii P.E. Board accepts only handwritten signatures.
Digital Signatures and Seals in Idaho
Handwritten and digital signatures and seals accepted.
"’Signature’ means either: an original handwritten message identification containing the name of the person who applied it; or a digital signature which is an electronic authentication process attached to or logically associated with an electronic document. The digital signature must be unique to the person using it; must be capable of verification; must be under the sole control of the person using it; and must be linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Illinois
Original signature only.
Currently, digital signatures are not accepted by the Illinois P.E. Board.
Digital Signatures and Seals in Indiana
Handwritten and digital signatures and seals accepted.
The Indiana P.E. Board allows electronic and digital signatures.
Digital Signatures and Seals in Iowa
Handwritten and digital signatures and seals accepted.
“It is the licensee’s responsibility to ensure, prior to affixing an electronic signature to an engineering or land surveying document, that security procedures are adequate to (1) verify the signature is that of a specific person and (2) detect any changes that may be made or attempted after the signature of the specific person is affixed.”
Digital Signatures and Seals in Kansas
Handwritten and digital signatures and seals accepted.
“Any licensee may use a digital signature if the signature meets all of the following requirements: (A) is unique to the person using it; (B) is able to be verified; (C) is under the sole control of the person using it; and (D) is linked to an electronic document bearing the digital signature in such a manner that the signature is invalidated if any data in the document is altered.”
Digital Signatures and Seals in Kentucky
Handwritten and digital signatures and seals accepted.
“An electronic signature shall be permitted in place of an original seal, signature and date when the following criteria are met:
  1. It is a unique identification of the licensee;
  2. It is verifiable;
  3. It is under the licensee’s direct and exclusive control;
  4. It is linked to the electronic document in such a manner that causes changes to be easily determined and visually displayed if any data in the electronic document file is changed subsequent to the electronic signature having been affixed to the electronic document;
  5. An attempt to change the electronic document after the electronic signature is affixed shall cause the electronic signature to be removed or altered significantly enough to invalidate the electronic signature; and
  6. If the electronic document is to be electronically transmitted, the electronic document is converted to a read-only format.”
Digital Signatures and Seals in Louisiana
Handwritten and digital signatures and seals accepted.
“Drawings, specifications, plans, reports or other documents which require a seal may be transmitted electronically provided the seal, signature and date of the licensee are transmitted in a secure mode that precludes the seal, signature and date being produced or modified.”
Digital Signatures and Seals in Maine
Handwritten and digital signatures and seals accepted.
An electronic signature may be used, and is defined as follows: “an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”
Digital Signatures and Seals in Maryland
Original signature only.
Electronic seals are acceptable, but currently must be accompanied by a handwritten signature.
Digital Signatures and Seals in Massachusetts
Handwritten and digital signatures and seals accepted.
“Whenever all parties to a transaction agree to transmit a document bearing an original signature and stamp electronically, the document must be accompanied by a properly encrypted digital signature. A digital signature must have an electronic authentication process attached to it such that it can only be associated with the Licensee, is capable of verification, and is linked uniquely to the underlying documents in a manner that invalidates the signature if any part of the document is changed.”
Digital Signatures and Seals in Michigan
Original signature only.
Currently, licensees must still validate personal use of the seal by placing their original signature adjacent to each seal impression or stamping.
Digital Signatures and Seals in Minnesota
Handwritten and digital signatures and seals accepted.
“A stamp, printed signature, or electronically created signature has the same force and effect as an actual signature if it creates an accurate depiction of the licensed or certified professional's actual signature.”
Digital Signatures and Seals in Mississippi
Handwritten and digital signatures and seals accepted.
"Mississippi does not prohibit or restrict digital seals and signatures."
Digital Signatures and Seals in Missouri
Handwritten and digital signatures and seals accepted.
“The digital signature must be unique to, and under the sole control of the person using it; it must also be capable of verification and be linked to a document in such manner that the digital signature is invalidated if any data on the document is altered.”
Digital Signatures and Seals in Montana
Handwritten and digital signatures and seals accepted.
“A signature is:
  1. an original manual signature of the licensee who applied it; or
  2. a digital signature, which has an electronic authentication process attached or logically associated with an electronic document, and must be:
    1. unique to the person using it;
    2. capable of verification;
    3. under the sole control of the person using it; and
    4. linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.
Digital Signatures and Seals in Nebraska
Handwritten and digital signatures and seals accepted.
“Documents placed on the internet shall not include a seal unless they also contain an electronic signature protected with an electronic revision approval system.”
Digital Signatures and Seals in Nevada
Handwritten and digital signatures and seals accepted.
“Engineering and Survey Documents may…have an electronically prepared seal and signature…under the following conditions:
  1. Files are electronically locked to prevent changes to any document that has had an electronic seal and signature applied.
  2. Secure encryption methods are in place to prevent copying, transferring, or removing the seal and signature and to prevent changes to the electronic drawings once submitted.
  3. The electronic signature may only be applied by the licensee in responsible charge of the work.
  4. Any licensee who does not believe adequate protections are in place to prevent fraud or misuse of the electronic signature is not required to use an electronic signature.”
Digital Signatures and Seals in New Hampshire
Handwritten and digital signatures and seals accepted.
Per the New Hampshire P.E. Board, there is nothing in the Statute or Administrative Rules that prevents anyone from using a digital signature.
Digital Signatures and Seals in New Jersey
Original signature only.
Currently, the New Jersey P.E. Board accepts handwritten signatures only.
Digital Signatures and Seals in New Mexico
Handwritten and digital signatures and seals accepted.
“A licensee may affix an electronically generated signature and date of signature to documents; provided, however, that the licensee utilizes a secure method of affixation and provided that the registrant does not authorize any other person to so affix his signature and date in accordance with state statutes… A digital identification is an electronic authentication process attached to or logically associated with an electronic document. The digital identification must be:
  1. Unique to the person using it
  2. Under the sole control of the licensee using it
  3. Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.”
Digital Signatures and Seals in New York
Handwritten and digital signatures and seals accepted.
“The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.”
Digital Signatures and Seals in North Carolina
Handwritten and digital signatures and seals accepted.
“The digital signature shall be:
  1. Unique to the licensee using it;
  2. Capable of verification;
  3. Under the sole control of the licensee; and
  4. Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in North Dakota
Original signature only.
Currently, the North Dakota P.E. Board accepts only handwritten signatures.
Digital Signatures and Seals in Ohio
Handwritten and digital signatures and seals accepted.
“Plans, specifications, plats, reports and all other engineering or surveying work product bearing a computer generated seal and electronic signature and date shall have an electronic authentication process attached to or logically associated with the electronic document. The electronic signature must be unique to the person using it; capable of verification; under the sole control of the person using it; linked to a document in such a manner that the electronic signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Oklahoma
Handwritten and digital signatures and seals accepted.
“Drawings, reports, or documents that require a signature may be signed using a digital signature. The digital signature must be:
  1. Unique to the person using it;
  2. Capable of verification; and
  3. Under the sole responsibility and control of the licensee affixing it.
    1. A scanned image or other reproduction of an original signature may be used in lieu of an original signature or digital signature if accompanied by an original handwritten date.
    2. A digital signature having an electronic authentication process attached to or logically associated with the electronic document may also be used and does not need to include the handwritten date, but must be dated. In this instance, the digital signature shall be linked to a document in such a manner that the data in the document can be verified as being unaltered since the time that the digital signature was affixed.”
Digital Signatures and Seals in Oregon
Handwritten and digital signatures and seals accepted.
“A digital signature, as an option to a handwritten signature in permanent ink is acceptable for final documents. The digital signature must be:
  1. Unique to the registrant using it; and
  2. Capable of verification; and
  3. Under the sole control of the registrant using it; and
  4. Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Pennsylvania
Original signature only.
Currently, digital signatures are not accepted at the Pennsylvania P.E. Board.
Digital Signatures and Seals in Rhode Island
Original signature only.
Currently, digital signatures are not accepted at the Rhode Island P.E. Board.
Digital Signatures and Seals in South Carolina
Handwritten and digital signatures and seals accepted.
“Computer-generated seals may be used on final original drawings. SC Section 26-6-80, effective July 2004, allows electronic signatures in place of ‘personal signatures’ in many instances. Therefore, computer generated signatures and dates are acceptable.”
Digital Signatures and Seals in South Dakota
Handwritten and digital signatures and seals accepted.
“The digital signature must be:
  1. Unique to the person using it;
  2. Capable of verification;
  3. Under the sole control of the person using it; and
  4. Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Tennessee
Handwritten and digital signatures and seals accepted.
“The registrant may affix an electronically generated signature and date of signature to documents; provided, however, that the registrant utilizes a secure method of affixation and provided that the registrant does not authorize any other person to so affix his signature and date.”
Digital Signatures and Seals in Texas
Handwritten and digital signatures and seals accepted.
“An engineer may create an electronic seal and electronic signature for use in transmitting electronically formatted engineering work, regardless of whether the work was originally in hard copy or electronic format.”
Digital Signatures and Seals in Utah
Original signature only.
The Utah P.E. Board is in the process of adopting digital signatures, but at present they are only accepting original handwritten signatures.
Digital Signatures and Seals in Vermont
Original signature only.
Currently, original signatures must be used over electronic seals.
Digital Signatures and Seals in Virginia
Handwritten and digital signatures and seals accepted.

“An electronic seal, signature and date are permitted to be used in lieu of an original seal, signature and date when the following criteria, and all other requirements of this section, are met:

  1. It is a unique identification of the professional;
  2. It is verifiable; and
  3. It is under the professional’s direct control.”
Digital Signatures and Seals in West Virginia
Handwritten and digital signatures and seals accepted.
“Electronic seals and signatures are allowed.”
Digital Signatures and Seals in Washington
Handwritten and digital signatures and seals accepted.
“The digital identification may include a scanned or digitized signature. The digital identification must be:
  1. Unique to the licensee using it;
  2. Capable of independent verification;
  3. Under the exclusive control of the licensee using it;
  4. Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.”
Digital Signatures and Seals in Wisconsin
Handwritten and digital signatures and seals accepted.
“Currently… all seals and stamps on drawing and specifications to be filed as public documents are required to be original… However, the rules do allow the utilization of an electronic signature if permitted by the governmental unit that is to receive the drawings and specification…Thus, within the current regulatory framework, the opportunity for the development and use of electronic signatures exists… In February 2007, the Section received further information… regarding the efforts to adopt a statewide uniform electronic signature standard. This work in developing such a system is still ongoing.”
Digital Signatures and Seals in Wyoming
Handwritten and digital signatures and seals accepted.
“An electronic image of the registrant’s seal, signature, and date is permitted to be used in lieu of an original seal, signature and date on electronic submittals made to agencies of local, state, and federal governments or between private entities if they so desire. Electronic submittals may include reproductions of drawings, plan sheets, specifications, studies, reports, plats, maps, and other engineering and land surveying work products.”
GSA Schedule - Digital Signatures
 

Digital Signatures in AEC

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