WSR 99-10-085

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed May 4, 1999, 2:56 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-02-078.

Title of Rule: WAC 196-24-097 Seal/stamp usage, this rule describes a variety of documents and how the seal/stamp must be affixed to them.

Purpose: To more clearly define "final documents," "preliminary documents," "plan sets," and "specifications" and describe how the seal/stamp must be affixed to these different documents. Add a new category called "document review" that the seal/stamp is also used on. These changes reflect the board's current policy on when and how a licensee's seal/stamp must be affixed. Additionally, the rule will be moved to new chapter 196-23 WAC to make the information easier to find.

Other Identifying Information: This rule was reviewed in accordance with the requirements in Executive Order 97-02.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: Chapter 18.43 RCW.

Summary: WAC 196-24-097 was reviewed as part of the board's rule review schedule. This rule was rewritten to more clearly define "final documents," "preliminary documents," "plan sets," and "specifications" and to describe when and how the seal/stamp must be affixed to these various documents. A new section, "document review," explains what to do when reviewing the work of another engineer or land surveyor. The rule was moved to a chapter where an applicant would logically look for this information.

Reasons Supporting Proposal: Amending this rule will make public knowledge the board's current policy and intent of how and when a licensee's seal/stamp should be affixed to various documents. The language is now more clear and concise. Moving the rule to chapter 196-23 WAC will make it easier for applicants, licensees and the general public to find information on this topic.

Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, (360) 586-7298; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, (360) 586-3361.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule defines a variety of documents that engineers and land surveyors typically sign and seal and describes how and when the licensee must affix his or her seal to those documents. The purpose is to describe to licensees in clear, concise language the board's meaning of these documents and to explain when and how a licensee must affix his or her seal/stamp to the documents described in the rule. The effect is to modernized the rule language and make it more clear to the licensee what the board's interpretation is for certain kinds of documents and when and how the seal/stamp is to be affixed to those documents.

In addition, moving the rule from chapter 196-24 and put into chapter 196-23 WAC, Stamping and seals, will make the information easier to find.

Proposal Changes the Following Existing Rules: The rule was rewritten to more clearly define "final document," "preliminary documents," "plan sets," and "specifications" and to add a new category "document review." The rule also puts in more clear, concise language the board's current interpretation of when and how a licensee affixes his or her seal/stamp to those described documents.

The rule was repealed from chapter 196-24 WAC and put into chapter 196-23 WAC. The new citation is WAC 196-23-020.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amending this rule has no fiscal impact [on] small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the named agencies in this statute.

Hearing Location: Hilton Seattle Airport, 17620 Pacific Highway South, SeaTac, WA 98188, on June 21, 1999, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by June 14, 1999, TDD (360) 586-2788, or (360) 753-6966.

Submit Written Comments to: Rick Notestine, Program Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649.

Date of Intended Adoption: June 21, 1999.

May 4, 1999

George A. Twiss

Executive Director

OTS-3078.1


NEW SECTION
WAC 196-23-020
Seal/stamp usage.

The use of the seal/stamp shall 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, license expiration date and 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 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 shall be stamped and dated, but need not be signed by the licensee.

(3) Plan sets: Every page of a plan set must contain the seal/stamp and signature of the licensee(s) who prepared or who had direct supervision over the preparation of the work.

(a) Plans/plats containing work prepared by or under the direct supervision of more than one licensee shall be sealed/stamped 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 and may contain the signature of the licensee depending on whether the plan set is final or preliminary.

(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 on that plan sheet. Whenever possible, the origin of the background information should be noted on the plan sheet.

(d) All design revisions to final plan/plat sheets shall be performed by qualified licensees and shall be done in accordance with the provisions of RCW 18.43.070. The revised plan/plat sheets shall clearly identify on each sheet; the revisions made and shall contain the name and seal of the licensee, and signature of licensee with the date the revision was made.

(4) Specifications: Specifications that are prepared by or under the direct supervision of a licensee shall contain the seal/stamp and signature of the licensee. 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 and sign the report. The report would make reference to and/or be attached to the subject document(s) reviewed.

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OTS-3123.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 196-24-097Seal/stamp usage.

© Washington State Code Reviser's Office