WSR 07-23-067

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed November 19, 2007, 9:13 a.m. ]

Supplemental Notice to WSR 07-21-024.

Preproposal statement of inquiry was filed as WSR 06-23-080.

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

Hearing Location(s): Clarion Hotel, Rainier Room, 31611 20th Avenue South, Federal Way, WA 98003, on January 23, 2008, at 4:00 p.m.; and at the Davenport Hotel, Cutter Room, 10 South Post Street, Spokane WA 99201, on March 20, 2008, at 4:00 p.m.

Date of Intended Adoption: March 21, 2008.

Submit Written Comments to: George A. Twiss, PLS, 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 March 17, 2008.

Assistance for Persons with Disabilities: Contact Kim King by March 17, 2008, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments are necessary to address the stamp/seal usage of professional engineers and/or professional land surveyors in their everyday practice. This supplemental notice is being filed, as a sentence was omitted in the first filing.

Reasons Supporting Proposal: Professional engineers and/or professional land surveyors are taking advantage of current technology by sending their work product electronically. The amendments are necessary to address the stamp/seal usage of professional engineers and/or professional land surveyors in their everyday practice.

Statutory Authority for Adoption: RCW 18.43.035.

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 licensee.

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

November 19, 2007

George A. Twiss

Executive Director

OTS-1087.3


AMENDATORY SECTION(Amending WSR 06-22-036, filed 10/25/06, effective 11/25/06)

WAC 196-23-010   Seals.   All individuals licensed in accordance with chapter 18.43 RCW ((shall procure)) must utilize 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)) must 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.))).

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

[Statutory Authority: RCW 18.43.035. 06-22-036, 196-23-010, filed 10/25/06, effective 11/25/06; 99-15-058, 196-23-010, filed 7/15/99, effective 8/15/99.]


AMENDATORY SECTION(Amending WSR 06-22-036, filed 10/25/06, effective 11/25/06)

WAC 196-23-020   Seal/stamp usage.   The use of the seal/stamp ((shall)) must 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[,])) 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 must be stamped, but need not be signed or dated by the licensee.

(3) Plan sets: Every page of a plan set must contain the seal/stamp, 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 should be sealed/stamped(([/])) and 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.

(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. The origin of the background information shall be noted on the plan sheet.

(d) All design revisions to final plan/plat sheets shall (([shall])) 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 sheet was sealed.

(4) Specifications: Specifications that are prepared by or under the direct supervision of a licensee shall contain the seal/stamp, 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, 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. 06-22-036, 196-23-020, filed 10/25/06, effective 11/25/06; 99-15-055, 196-23-020, filed 7/15/99, effective 8/15/99.]


AMENDATORY SECTION(Amending WSR 06-22-036, filed 10/25/06, effective 11/25/06)

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 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 may include a scanned or digitized signature. The digital identification must be:

(a) Unique to the licensee using it;

(b) Capable of independent verification;

(c) Under the exclusive control of the 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: RCW 18.43.035. 06-22-036, 196-23-070, filed 10/25/06, effective 11/25/06. 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.]

Washington State Code Reviser's Office