WSR 06-18-074

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 5, 2006, 9:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-011.

Title of Rule and Other Identifying Information: Chapter 196-23 WAC, Stamping and seals.

Hearing Location(s): Department of Licensing, Business and Professions Division, Conference Room #209, 405 Black Lake Boulevard, Olympia, WA 98502, on October 10, 2006, at 9:00 a.m.

Date of Intended Adoption: October 11, 2006.

Submit Written Comments to: George A. Twiss, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by October 6, 2006.

Assistance for Persons with Disabilities: Contact Kim King by October 6, 2006, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To address how the stamp/seal should be used on various documents, and how the stamp/seal must be affixed, and signed.

Reasons Supporting Proposal: To make the language regarding seal/stamp usage clearer.

Statutory Authority for Adoption: RCW 43.24.086.

Statute Being Implemented: Chapter 18.43 RCW.

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

Name of Proponent: Board of registration for professional engineers and land surveyors, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact to the licensees.

A cost-benefit analysis is not required under RCW 34.05.328. There is no economic impact to licensees.

September 5, 2006

George A. Twiss

Executive Director

Chapter 196-23 WAC

STAMPING AND SEALS
AMENDATORY SECTION(Amending WSR 99-15-058, filed 7/15/99)

WAC 196-23-010   Seals.   All individuals licensed in accordance with chapter 18.43 RCW shall procure a seal/stamp that conforms to the design as authorized by the board. It is the responsibility of the licensee to maintain control over the use of his/her stamp/seal. The impression or image of the seal/stamp shall conform to the below-illustrated design and be of a size that assures full legibility of the following required information:

(1) State of Washington;

(2) Registered professional engineer or registered professional land surveyor;

(3) Certificate number;

(4) Licensee's name as shown on wall certificate;

(5) Date of license expiration. (Expiration date to be handwritten by Licensee)

[Statutory Authority: RCW 18.43.035. 99-15-058, 196-23-010, filed 7/15/99, effective 8/15/99.]


AMENDATORY SECTION(Amending WSR 99-15-055, filed 7/15/99)

WAC 196-23-020   Seal/stamp usage.   The use of the seal/stamp shall be in accordance with chapter 18.43 RCW or as otherwise described herein:

(1) Final documents are those documents that are prepared and distributed for filing with public officials, use for construction, final agency approvals or use by clients. Any final document must contain the seal/stamp, handwritten license expiration date by the licensee, ((and)) signature and date of signature of the licensee who prepared or directly supervised the work. For the purpose of this section "document" is defined as plans, specifications, plats, surveys as-built documents prepared by the licensee, and reports.

(2) Preliminary documents are those documents not considered final as defined herein, but are released or distributed by the licensee. Preliminary documents must be clearly identified as "PRELIMINARY" or contain such wording so it may be differentiated from a final document. Preliminary documents ((shall)) must be stamped, ((and dated,)) but need not be signed or dated by the licensee.

(3) Plan sets: Every page of a plan set must contain the seal/stamp, ((and)) signature of the licensee(s) who prepared or who had direct supervision over the preparation of the work, and date of signature.

(a) Plans/plats containing work prepared by or under the direct supervision of more than one licensee ((shall)) should be sealed/stamped/dated by each licensee and shall clearly note the extent of each licensee's responsibility.

(b) As provided for in subsections (1) and (2) of this section, each page of a plan set must contain the seal/stamp of the licensee who prepared or who had direct supervision over the preparation of the work. and may contain the signature of the licensee depending on whether the plan set is final or preliminary.

(c) Plan/plat sheets containing and/or depicting background and/or supporting information that is duplicated from other plans need only be sealed/stamped by the licensee(s) who prepared or was in direct supervision of the design. ((on that plan sheet. Whenever possible, t)) The origin of the background information shall ((should)) be noted on the plan sheet.

(d) All design revisions to final plan/plat sheets shall ((be performed by qualified licensees and shall be done in accordance with the provisions of RCW 18.43.070. The revised plan/plat sheets)) clearly identify on each sheet; the revisions made and shall contain the name and seal of the licensee, and signature of the licensee with the date the ((revision was made)) sheet was sealed.

(4) Specifications: Specifications that are prepared by or under the direct supervision of a licensee shall contain the seal/stamp, ((and)) signature of the licensee and the date of signature. If the specifications prepared by a licensee are a portion of a bound specification document that contains specifications other than that of an engineering or land surveying nature, the licensee need only seal/stamp that portion or portions of the documents for which the licensee is responsible. Nothing herein should be construed to require that each page of an engineering or land surveying specification be sealed/stamped by the licensee.

(5) Document review: When a licensee is required to review work prepared by another professional engineer or land surveyor, the reviewing licensee shall fully review those documents and shall prepare a report that discusses the findings of the review with any supporting calculations and sketches. The reviewing licensee would then seal/stamp, ((and)) sign and date the report. The report would make reference to and/or be attached to the subject document(s) reviewed.

[Statutory Authority: RCW 18.43.035. 99-15-055, 196-23-020, filed 7/15/99, effective 8/15/99.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 04-04-01 [04-04-001], filed 1/21/04)

WAC 196-23-070   Signature.   The terms "signature or signed," as used in chapter 18.43 RCW and/or TITLE 196 WAC, shall mean the following:

(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 ((registrant)) licensee;

(d) Placed directly over the seal/stamp of the licensee.

(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 ((registrant)) licensee using it;

(b) Capable of independent verification;

(c) Under the exclusive control of the ((registrant)) licensee using it;

(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-23-070, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 01-09-017, 196-23-070, filed 4/6/01, effective 5/7/01.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office