WSR 09-15-094

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed July 14, 2009, 10:07 a.m. ]

Supplemental Notice to WSR 09-12-055.

Preproposal statement of inquiry was filed as WSR 09-08-073.

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

Hearing Location(s): Courtyard Marriott, Salon A, 31910 Gateway Center Boulevard South, Federal Way, WA 98003, on November 4, 2009, at 6:00 p.m.

Date of Intended Adoption: November 5, 2009.

Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by November 2, 2009.

Assistance for Persons with Disabilities: Contact Kim King, administrative assistant, by November 2, 2009, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add a new section regarding the federal employee exemption.

This supplemental filing is being done, as new language was added to subsection (3) of the proposed language, since the original filing.

Reasons Supporting Proposal: There have been questions from federal employees regarding who can perform engineering and/or land surveying on lands adjoining government property. This rule will help define who can perform work being done on federally owned property or on property adjoining federal land.

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 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.

July 14, 2009

George A. Twiss

Executive Director

OTS-2423.2


NEW SECTION
WAC 196-29-200   Federal employee exemption.   (1) Under RCW 18.43.130(6) the provisions of the act shall not be construed to prevent or affect the practice of officers or employees of the government of the United States while engaged within the state in the practice of the profession of engineering or land surveying for the government of the United States; provided:

(a) That all work performed is for the exclusive use of the federal government; and

(b) That all work performed is wholly contained within the confines of lands held by the federal government (federal enclave).

(2) Any engineering work that is performed and/or constructed for the benefit of a private citizen or business entity, even if directly adjoining lands held by the federal government, must be performed by or under the direct supervision of an engineer licensed in accordance with the requirements of chapter 18.43 RCW.

(3) Any surveying work that is performed for boundaries between lands held by the federal government and lands held by a private citizen or business entity, must be performed by or under the direct supervision of a land surveyor licensed in accordance with the requirements of chapter 18.43 RCW or under the authority of the Secretary of the Interior through special instructions approved by the Bureau of Land Management.

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Washington State Code Reviser's Office