WSR 15-10-032 PROPOSED RULES DEPARTMENT OF LICENSING [Filed April 28, 2015, 1:09 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-011.
Title of Rule and Other Identifying Information: Chapter 196-29 WAC, Professional practices, proposal of WAC 196-29-105 Practice of land surveying.
Hearing Location(s): Davenport Hotel, Early Bird Ballroom, 10 South Post Street, Spokane, WA 99201, on June 16, 2015, at 6:30 p.m.; at the Hilton Garden Inn, Rainier Room, 401 East Yakima Avenue, Yakima, WA 98901, on June 17, 2015, at 6:30 p.m.; at the Red Lion, Pine Room, 510 South Kelso Drive, Kelso, WA 98626, on June 23, 2015, at 6:30 p.m.; at the Radisson Hotel, Lopez Room, 18118 International Boulevard, Seattle, WA 98188, on June 25, 2015, at 6:30 p.m.; and at the Holiday Inn, Pilchuck Room, 8606 36th Avenue N.E., Marysville, WA 98270, on June 30, 2015, at 6:30 p.m.
Date of Intended Adoption: July 1, 2015.
Submit Written Comments to: Michael R. Villnave, PE, 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) 570-7098, by June 30, 2015.
Assistance for Persons with Disabilities: Contact Cassandra Fewell, executive assistant, by June 29, 2015, TTY (360) 664-0116 or (360) 664-1564.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules defining the scope of practice for land surveying are being proposed to help clarify terminology that has become unclear since the Engineer's Registration Act (RCW 18.43.020(9)) was first adopted in 1947.
Reasons Supporting Proposal: Clarification of the terminology is needed to bring contemporary definitions to the traditional terminology.
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: Michael R. Villnave, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3). There is no fiscal impact to licensees.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i). There is no fiscal impact to licensees.
April 28, 2015
Damon Monroe
Rules Coordinator
NEW SECTION
WAC 196-29-105 Practice of land surveying.
Except for the authority granted to the offices of county engineers in chapters 36.75, 36.77, 36.80, 36.81, and 36.86 RCW, and where that authority may be otherwise exempted in state law, the practice of land surveying must be performed by or under the direct supervision of a professional land surveyor as provided in chapter 18.43 RCW.
The practice of land surveying, as defined in RCW 18.43.020(9) includes, but is not limited to:
(1) Evaluation and interpretation of visible, scientific, written evidence, or oral testimony when used for the establishment of corners, lines, boundaries, and monuments of land, or for the defining and locating of corners, lines, boundaries, and monuments of land after they have been established;
(2) The analysis and adjustments of measured, land survey data or the determination and certification of the positional accuracy of measured land survey data when used for the establishment of corners, lines, boundaries, and monuments of land, the laying out and subdivision of land, the defining and locating of corners, lines, boundaries, and monuments of land after they have been established, or for the survey of land areas for the purpose of determining the topography thereof;
(3) The analysis of calculated, certified, or recorded land survey data when used for the establishment of corners, lines, boundaries, and monuments of land; the laying out and subdivision of land; the defining and locating of corners, lines, boundaries, and monuments of land after they have been established; or for the survey of land areas for the purpose of determining the topography thereof;
(4) The establishment, setting, or resetting of controlling points when used for the establishment of corners, lines, boundaries, and monuments of land, or for the defining and locating of corners, lines, boundaries, and monuments of land after they have been established;
(5) Preparation of land or legal descriptions for the establishment of corners, lines, boundaries, and monuments of land, the laying out and subdivision of land, or the defining and locating of corners, lines, boundaries, and monuments of land after they have been established;
(6) Preparation of land survey maps and/or other accurate records thereof including data bases that represent topographical delineations; the establishment of corners, lines, boundaries, and monuments of land; the locations of corners, lines, boundaries, and monuments of land after they have been established, when the proper performance of such services requires technical knowledge and skill.
As used in this subsection, creation of land survey maps and/or data bases does not include maps or data bases established or maintained solely for internal operations of a party: (a) That are not used to establish property corners or lines, but may represent property corners and lines, location of objects or topography within the map or data base; and (b) are not for sale to or use by another party not related to the internal operations of the creating party;
(7) Configuration and establishment of land surveyed ground control which defines vertical and/or horizontal datums that control remote sensing measurement technologies used for the establishment of corners, lines, boundaries, and monuments, the laying out and subdivision of land, the defining and locating of corners, lines, boundaries, and monuments of land after they have been established, the survey of land areas for the purpose of determining the topography thereof, the making of topographical delineations and the preparing of maps and accurate records thereof, when the proper performance of such services requires technical knowledge and skill.
|