(a) For all dams subject to the executive director's review under this chapter, a professional engineer shall:
  (1) prepare all plans and specifications;
  (2) prepare evaluations, analyses, or reports required by this chapter;
  (3) observe the progress and the quality of the construction of proposed dams or reconstruction, modification, enlargement, rehabilitation, alteration, repair, or removal of existing dams to determine, in general, if the construction is proceeding according to the approved construction plans and specifications. It is understood that the professional engineer is not responsible for the contractor's means, methods, techniques, sequences, or procedures of construction selected by the contractor, or the safety precautions and programs incident to the work of the contractor; and
  (4) either perform or supervise engineering inspections, as defined in §299.2 of this title (relating to Definitions), of high- and significant-hazard dams and large, low-hazard dams, as defined in §299.13 and §299.14 of this title (relating to Size Classification Criteria; and Hazard Classification Criteria; respectively).
(b) The executive director may waive these requirements based on §299.5 of this title (relating to Exception).

Source Note: The provisions of this §299.4 adopted to be effective January 1, 2009, 33 TexReg 10465