WSR 08-08-120

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed April 2, 2008, 11:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-14-152.

Title of Rule and Other Identifying Information: Chapter 196-12 WAC, Registered professional engineers.

Hearing Location(s): LaQuinta Inn, Board Room, 1427 East 27th, Tacoma, WA 98421, on May 7, 2008, at 3:00 p.m.

Date of Intended Adoption: May 7, 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 May 2, 2008.

Assistance for Persons with Disabilities: Contact Kim King by May 2, 2008, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As a result of SSB 5984, chapter 193, Laws of 2007, these rules are needed to establish a waiver of structural licensure for a limited period of time.

Reasons Supporting Proposal: SSB 5984, chapter 193, Laws of 2007, established that only structural engineers can perform engineering work on significant structures. The rules are needed to reflect the changes made to chapter 18.43 RCW that impact those professional engineers that perform structural work.

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 licensees.

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

April 2, 2008

George A. Twiss

Executive Director

OTS-1433.1


NEW SECTION
WAC 196-12-100   Limited waiver of the requirement for licensure in structural engineering to design "significant structures."   The board may grant a waiver of the licensing requirement in structural engineering for qualified candidates. Said waiver is available July 1, 2008. All waivers issued by the board are not renewable and will expire 12:00 a.m. December 31, 2010. Individuals being issued the waiver are not permitted to represent themselves as being licensed in structural engineering or otherwise using any title or advertisement tending to convey the impression he or she is licensed in structural engineering.

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NEW SECTION
WAC 196-12-103   Application requirements for waiver of structural license for designing "significant structures."   The board will consider applications for a waiver to the requirement for licensure in structural engineering to design "significant structures" beginning May 1, 2008. Applicants must:

(1) Be licensed as a professional engineer in Washington state as of January 1, 2007;

(2) Submit an application for waiver that is postmarked on or before January 1, 2009. Said application to include:

(a) The names of at least three references who are licensed professional engineers with experience in seismic analysis and designs and who have direct knowledge and familiarity of the applicant's competency;

(b) Verification of at least six years of progressive structural engineering experience performing seismic analysis and design, since the date of original licensure as a PE; and

(c) Verification that qualifying experience was gained under the direct supervision of a professional engineer(s).

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NEW SECTION
WAC 196-12-105   Ineligibility for licensing waiver.   An applicant for a waiver of the structural engineering licensure requirement is not eligible if he or she has a record of disciplinary action against his or her professional engineer's license in any jurisdiction with findings of gross negligence or incompetence.

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NEW SECTION
WAC 196-12-107   Board review of applications for structural licensing waiver.   The board may use any one or more of the following procedures in determining if an applicant is eligible for the structural licensing waiver:

(1) Detailed review and evaluation of application;

(2) Interviews with named references;

(3) Review of examples of candidate's work product;

(4) Oral interview with candidate.

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Washington State Code Reviser's Office