WSR 12-09-008PERMANENT RULES
BOARD OF REGISTRATIONFOR PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
[
Filed April 5, 2012,
10:26 a.m.
, effective May 6, 2012
]
Effective Date of Rule:
Thirty-one days after filing.
Purpose: The existing rule needs to be revised to
reflect passage of HB 1061, signed by the governor on May 5,
2011. With the passage of HB 1061, certified inspectors are
no longer required to obtain professional development hours.
Citation of Existing Rules Affected by this Order: Amending chapter 196-34 WAC.
Statutory Authority for Adoption: Chapter 18.43 RCW.
Other Authority: Chapter 18.210 RCW.
Adopted under notice filed as WSR 12-02-011
on December
23, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute:
New 0,
Amended 0,
Repealed 0;
Federal Rules or Standards:
New 0,
Amended 0,
Repealed 0;
or Recently Enacted State Statutes:
New 0,
Amended 12,
Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity:
New 0,
Amended 12,
Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 12,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Date Adopted: March 15, 2012.
George A. Twiss
Executive Director
OTS-4537.2
Chapter 196-34 WACCONTINUING EDUCATION OF LICENSED PROFESSIONAL ON-SITE
WASTEWATER TREATMENT SYSTEM DESIGNERS ((AND CERTIFIED
INSPECTORS))
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-100
Purpose and effective date.
The purpose
of the ((continuing education)) professional development hours
requirement is to encourage licensed on-site wastewater
treatment system designers (designers) ((and certificate of
competency holders (inspectors))), under chapter 18.210 RCW,
to maintain competency in their practice. ((On July 1, 2007
and thereafter,)) All designers ((and inspectors)) must meet
these requirements as a condition of continued
licensure((/certification)) under chapter 18.210 RCW.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-100, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-105
Definitions.
Terms used in this chapter
are defined as follows: (1) Professional development hour (PDH)(( -- )) - An hour
engaged in a qualifying activity.
(2) ((Continuing education unit (CEU) -- Unit of credit
customarily used for continuing education courses. One
continuing education unit equals ten professional development
hours.
(3))) College/unit semester/quarter hour(( -- )) - Completion of courses in college level curriculums
satisfactory to the board.
(((4))) (3) Qualifying activity(( -- )) - Any activity that
is related to on-site wastewater treatment systems or will
help the designer ((or inspector)) to maintain their
competency as an on-site wastewater treatment system
professional.
(((5) Year -- That twelve-month period between the renewal
and expiration of a credential for a designer or inspector.
(6))) (4) Board(( -- )) - The board of registration for
professional engineers and land surveyors.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-105, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-110
Requirements.
((Starting July 1, 2006,))
All designers ((and inspectors,)) wishing to maintain active
practice must accumulate ((forty-five)) thirty PDH for any
given ((three-year)) two-year period. ((Starting July 1,
2007)) The PDH accumulated by designers ((and inspectors)) are
subject to audit by the board. ((Those individuals, who
practice as both a designer and inspector, need only
accumulate a total of forty-five PDH for the three-year
period.))
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-110, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-115
Qualifying activities.
The board
believes that designers ((and inspectors)) under provisions of
chapter 18.210 RCW should have the discretion to make
independent choices on what activities help them to be
improved practitioners. The board will not provide advance
approvals for selected activities or vendors. The board
expects designers ((and inspectors)) to seek out qualifying
activities that can be demonstrated to the board as relevant
to his or her ((continuing education)) professional
development as a designer ((or inspector)).
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-115, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-120
Units.
Qualifying activities earned and
applied to one of the following categories may not be applied
to another category.| 1. College hours: |
|
| a. Completion of 1 college semester
hour |
45 PDH |
| b. Completion of 1 college quarter hour |
30 PDH |
((2. 1 Continuing education unit |
10 PDH |
3.)) 2. For publication or presentation of
each: |
|
| a. Authored technical paper or article |
10 PDH |
| b. Authored book |
30 PDH |
((4.)) 3. Obtaining a patent |
10 PDH |
((5.)) 4. Membership in
professional/technical societies or
government committees or boards. (Not to
exceed a total of 5 PDH/year) |
2 1/2 PDH |
((6.)) 5. For each hour of attendance in a
professional or technical society meetings
with an informational program. (Not to
exceed a total of 5 PDH/year) |
1 PDH |
((7.)) 6. For each hour of attendance at
meetings or hearings of the board ((or
On-site Advisory Committee)). (Not to
exceed a total of 7 1/2 PDH/year) |
1 PDH |
((8.)) 7. For each hour of preparation and
subsequent presentation (*) of a
professional development program at
seminars, professional/technical meetings,
conventions or conferences. (Not to exceed
10 PDH/year) (*) This credit does not apply
to full-time faculty. |
1 PDH |
((9.)) 8. Completion of the continuing
education requirements for maintaining a
credential as a registered sanitarian. |
10 PDH |
((10.)) 9. For each hour of participation in
committees of organizations whose purpose
is to develop codes, standards,
examinations and regulations. |
1 PDH |
((11.)) 10. For each hour of participation in
an activity involving substantial and
organized peer interaction, excluding time
spent during regular employment. (Not to
exceed a total of 5 PDH/year) |
1 PDH |
((12.)) 11. For each hour of participation in
organized courses, including employer
provided courses, on environmental health
topics/first aid/safety, technical or
management skills. |
1 PDH |
((13.)) 12. For each hour of participation in
sessions or courses, sponsored by
technical or professional societies,
organizations or the board. |
1 PDH |
((14.)) 13. For each hour of self-study. (Not
to exceed a total of 5 PDH/year) |
1 PDH |
((15.)) 14. For each hour of work, outside
normal duties of employment that involves
participation in other recognized
professional activities. (i.e. a designer
working with a land surveyor) (Not to
exceed a total of 2 PDH/year) |
1 PDH |
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-120, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-130
Determination of credit.
The board is
the final authority with respect to claimed qualifying
activities and the respective PDH credit. Qualifying activity
becomes eligible for credit upon completion of the given
activity. ((Credits gained in excess of the fifteen PDH
annual requirement may be carried forward to the next renewal
period.))
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-130, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-135
Recordkeeping and audits.
The designer
((or inspector)) is responsible for maintaining records to be
used to support credits claimed. Records should include date
of activity, instructor's name, description of activity,
number of contact hours and location. The designer ((or
inspector)) is required to keep their records of ((continuing
education)) professional development covering the cumulative
time in the current renewal period plus the ((three)) two
years before the last renewal. All ((continuing education))
professional development records and supporting documentation
must be furnished to the board upon request. If an audit disqualifies credits that were reported to
the board by a designer ((or inspector)) and results in the
licensee failing to complete the PDH requirements, the board
may require the shortage to be made up over a period of time
established by the board.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-135, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-140
Noncompliance with ((continuing
education)) professional development.
(1) A designer ((or
inspector)) who fails to comply with the requirements of this
chapter is subject to disciplinary action by the board. (2) A designer ((or inspector)) who, through the course
of an audit, is discovered to have falsified ((continuing
education)) professional development documentation to the
board is subject to disciplinary action by the board.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-140, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-145
Waiver.
The board may grant a waiver to
the time requirement for collection of ((continuing
education)) professional development to designers ((or
inspectors)) who qualify. A request for a waiver must be made
in writing and clearly state the justification and include any
necessary documentation required by the board. All waivers
expire on the next date of license((/certificate)) renewal
unless the board grants an extension. The board may grant waivers for:
(((a))) (1) Physical disability, prolonged illness, or
other extenuating circumstances that pose a personal hardship.
(((b))) (2) Individuals who have been placed on active
military duty for at least one hundred twenty days.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-145, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-150
Exemption.
Designers ((or inspectors))
who have been approved for "Inactive Status" as provided in
WAC 196-34-155 are exempt from the requirement of collecting
((continuing education)) professional development hours.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-150, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-155
Inactive status.
Any designer ((or
inspector)) who signs a board approved affirmation that they
are not engaged in the practice as an on-site wastewater
treatment system ((professional)) designer is eligible for
inactive status. Those with inactive status are prohibited
from any practice as an on-site wastewater treatment system
((professional)) designer as provided in chapter 18.210 RCW. A designer ((or inspector)) on inactive status may reinstate
their license to active status by written request to the board
and payment of any applicable fees. In the first year of
reactivated practice the designer ((or inspector)) may be
required by the board to collect an additional fifteen PDH.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-155, filed 5/19/06, effective 7/1/06.]
AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06,
effective 7/1/06)
WAC 196-34-160
Comity/out-of-jurisdiction resident.
The
((continuing education)) professional development
requirements, as provided for in this chapter, may be
satisfied when the board can verify that a designer ((or
inspector)) has satisfied ((continuing education))
professional development requirements in another jurisdiction
recognized by the board, as being equivalent to the
requirements of this chapter.
[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-160, filed 5/19/06, effective 7/1/06.]
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