WSR 06-18-076

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 5, 2006, 9:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-08-061.

Title of Rule and Other Identifying Information: New chapter 196-29 WAC, Professional practices.

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 better organize existing and future rules that pertain to the professional practices of professional engineers and professional land surveyors under one chapter heading.

Reasons Supporting Proposal: To create a rule titled "professional practices" so that it better explains subject matter.

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

NEW CHAPTER

WAC 196-29

PROFESSIONAL PRACTICES
NEW SECTION
WAC 196-29-110   Land surveying practice standards.   Failure by any registrant to comply with the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC shall be considered misconduct or malpractice as defined by RCW 18.43.105(11).

The following standards shall also apply:

(1) The monumentation, posting, and/or the marking of a boundary line between two existing corner monuments constitutes the "practice of land surveying" as defined in chapter 18.43 RCW and chapter 196-16 WAC, and consequently requires said work to be performed under the direct supervision of a registered professional land surveyor.

(2) The field survey work performed to accomplish the monumentation, posting, and marking of a boundary line between two existing corner monuments shall meet the minimum standards imposed by chapter 332-130 WAC.

(3) The monumentation, posting, and/or marking of a boundary line between two existing corner monuments involves a determination of the accuracy and validity of the existing monuments by the use of standard survey methods and professional judgment.

(4) The monumentation, posting, and marking of a boundary line between two existing corner monuments shall require the filing of a record of survey according to chapter 58.09 RCW unless both corners satisfy one or both of the following requirements:

(a) The corner(s) are shown as being established on a properly recorded or filed survey according to chapter 58.09 RCW and are accurately and correctly shown theron.

(b) The corner(s) are described correctly, accurately, and properly on a land corner record according to chapter 58.09 RCW if their establishment was by a method not requiring the filing of a record of survey.

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Reviser's note: The spelling 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.

Washington State Code Reviser's Office