WSR 99-10-087

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed May 4, 1999, 2:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-02-079.

Title of Rule: WAC 196-24-098 Documents prepared by a corporation, organization or public agency, when a corporation, organization or public agency does engineering or land surveying, their employees signing and sealing the documents must be registered in accordance with chapter 18.43 RCW.

Purpose: Amend the rule to change wording in the title and change the emphasis of the rule. The current rule emphasizes having licensed employees to sign and seal documents; the new rule more specifically addresses the business, organization or public agency. In addition to amending, the rule will be deleted from chapter 196-24 WAC and put into new chapter 196-23 WAC with other rules addressing similar issues related to stamping and sealing.

Other Identifying Information: This rule was reviewed in accordance with the requirements in Executive Order 97-02.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: Chapter 18.43 RCW.

Summary: WAC 196-24-098 was reviewed as part of the board's rule review schedule. In the title, "Documents prepared by a corporation" was changed to "Practice by businesses." This changes the emphasis from preparing documents to practice and recognized that there are many other forms of business besides corporations. Language related registered employees signing and sealing documents was deleted. The rule will be moved to a chapter where an applicant would logically look for this information.

Reasons Supporting Proposal: Amending this rule will make the language more clear and concise and easier to understand. Moving the rule to chapter 196-23 WAC will make it easier for applicants, licensees and the general public to find information on this topic.

Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, (360) 586-7298; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, (360) 586-3361.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule talks about a corporation, organization or public agency employing qualified staff to sign and seal documents if they are providing engineering and/or land surveying services. The language was amended to expand "corporation" to all types of business and to emphasize practice by these businesses, organizations and public agencies and not the documents prepared by them. The purpose is to put businesses, organizations and public agencies that practice engineering and/or land surveying on notice that they must practice in accordance with chapter 18.43 RCW and applicable rules.

The effects of the change will be to make the rule language more clear, concise and understandable. It will also put these groups on notice that they must comply with chapter 18.43 RCW and applicable rules just the same as individual licensees. Moving the rule to chapter 196-23 WAC will make the information easier to find.

Proposal Changes the Following Existing Rules: The title of the rule is amended to change the words "Documents prepared by a corporation" to "Practice by businesses." The rest of the title remains the same. The word "offer" was added to state that these groups must comply with RCW and WAC when they offer or perform engineering and/or land surveying services. Other wording in the rule was deleted to eliminate the emphasis on documents. The language deleted is "...and employees individuals registered in accordance with chapter 18.43 RCW, the registrant(s) signing and sealing the plans, specifications, maps and/or reports prepared by said corporation/agency shall do so...." Because the rule was deleted entirely from chapter 196-24 WAC, the deleted language does not show on the rule, only the proposed new language.

The rule is being moved from chapter 196-24 to 196-23 WAC. The new citation will be WAC 196-23-050.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amending this rule has no fiscal impact [on] small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the named agencies in this statute.

Hearing Location: Hilton Seattle Airport, 17620 Pacific Highway South, SeaTac, WA 98188, on June 21, 1999, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by June 14, 1999, TDD (360) 586-2788, or (360) 753-6966.

Submit Written Comments to: Rick Notestine, Program Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649.

Date of Intended Adoption: June 21, 1999.

May 4, 1999

George A. Twiss

Executive Director

OTS-3080.1


NEW SECTION
WAC 196-23-050
Practice by businesses, organizations or public agencies.

When a business, organization or public agency offers or performs engineering or land surveying services as defined in RCW 18.43.020, the business, organization or public agency shall perform its duties and responsibilities in accordance with chapter 18.43 RCW and applicable rules.

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OTS-3124.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 196-24-098Documents prepared by a corporation, organization, or public agency.

© Washington State Code Reviser's Office