BILL REQ. #:  S-1031.1 

Read first time 01/27/09.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to land surveyors; amending RCW 18.43.020; and adding a new section to chapter 18.43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.43.020 and 2007 c 193 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Engineer" means a professional engineer as defined in this section.
     (2) "Professional engineer" means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by his or her legal registration as a professional engineer.
     (3) "Engineer-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) has successfully passed the examination in the fundamental engineering subjects; and (c) is enrolled by the board as an engineer-in-training.
     (4) "Engineering" means the "practice of engineering" as defined in this section.
     (5)(a) "Practice of engineering" means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects.
     (b) A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or through the use of some other title implies that he or she is a professional engineer; or who holds himself or herself out as able to perform, or who does perform, any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering.
     (c) The practice of engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment.
     (6) "Land surveyor" means a professional land surveyor.
     (7) "Professional land surveyor" means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a professional land surveyor.
     (8) "Land-surveyor-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) successfully passes the examination in the fundamental land surveying subjects; and (c) is enrolled by the board as a land-surveyor-in-training.
     (9) "Practice of land surveying" means assuming responsible charge of ((the surveying of land 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)) and providing, or offering to provide: Professional services involving acts of consultation; investigations; testimony evaluation; planning; preparation of descriptions, reports, and maps; assembling and interpreting gathered measurements; and information related to one or more of the following:
     (a) Determining the size, shape, or contour of the earth's surface, any point on the earth, or the relative position of fixed objects on the earth by means of measuring. Photogrammetric mapping and the graphical representation of the resulting data performed by photogrammetrists may not be subject to provisions of this chapter;
     (b) Determining the position of any boundary or nonboundary survey control monument or reference point, and the setting, resetting, or replacing of any monument or reference point;
     (c) Locating, relocating, laying out, or retracing any property line, right-of-way, or easement;
     (d) Locating, relocating, establishing, or laying out any primary horizontal or vertical control for construction alignment, or any survey for determining final as-constructed locations;
     (e) Making any survey for the subdivision of real property;
     (f) Locating, relocating, laying out, or retracing any lines that restrict the use of real property;
     (g) Creating or modifying the descriptions of the limits of real property interests. The creating or modification by an agency of a description of existing parcels or interests must comply with the provisions of RCW 58.24.040; and
     (h) Creating, preparing, or modifying documents, maps, electronic data, or computerized data used in the performance of the activities in (a) through (g) of this subsection.
     (10) "Board" means the state board of registration for professional engineers and land surveyors, provided for by this chapter.
     (11) "Responsible charge" means the practice of engineering or land surveying performed by the registrant or under the registrant's direct supervision.
     (12) "Survey" means to determine and delineate the form, extent, and position of objects and legal boundaries by taking linear and angular measurements of the earth's surface and applying the principles of geometry and trigonometry.
     (13) "Surveying" means the practice of land surveying as defined in this section.
     (14) "Photogrammetric mapping" means evaluating and measuring land that is limited to the determination of the topography, area, contours, and location of planimetric features, by using photogrammetric methods or a similar remote sensing mapping process.
     (15) "Photogrammetrist" means a person who is certified by a national organization of photogrammetry and remote sensing approved by the board.
     (16) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority of the state government.
     (17) "Local agency" means any city and any town, county, special district, municipal corporation, agency, port district or authority, or political subdivision of any type, or any other entity or authority of local government in corporate form or otherwise.
     (18) "Special district" means a local unit of government, other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, including, but not limited to, water-sewer districts, irrigation districts, fire districts, school districts, community college districts, hospital districts, transportation districts, and metropolitan municipal corporations organized under chapter 35.58 RCW.
     (19) "Agency" means state and local agencies and special districts as defined in this section.
     (20) "Significant structures" include:
     (a) Hazardous facilities, defined as: Structures housing, supporting, or containing sufficient quantities of explosive substances to be of danger to the safety of the public if released;
     (b) Essential facilities that have a ground area of more than five thousand square feet and are more than twenty feet in mean roof height above average ground level. Essential facilities are defined as:
     (i) Hospitals and other medical facilities having surgery and emergency treatment areas;
     (ii) Fire and police stations;
     (iii) Tanks or other structures containing, housing, or supporting water or fire suppression material or equipment required for the protection of essential or hazardous facilities or special occupancy structures;
     (iv) Emergency vehicle shelters and garages;
     (v) Structures and equipment in emergency preparedness centers;
     (vi) Standby power-generating equipment for essential facilities;
     (vii) Structures and equipment in government communication centers and other facilities requiring emergency response;
     (viii) Aviation control towers, air traffic control centers, and emergency aircraft hangars; and
     (ix) Buildings and other structures having critical national defense functions;
     (c) Structures exceeding one hundred feet in height above average ground level;
     (d) Buildings that are customarily occupied by human beings and are five stories or more above average ground level;
     (e) Bridges having a total span of more than two hundred feet and piers having a surface area greater than ten thousand square feet; and
     (f) Buildings and other structures where more than three hundred people congregate in one area.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.43 RCW to read as follows:
     If professional land surveying judgment is required in the review, approval, or examination by an agency of survey data, documents prepared by a person authorized to practice land surveying, or services performed by a person authorized to practice land surveying, the review, approval, or examination must be performed by, or under the direct supervision of, another person authorized to practice land surveying or as otherwise authorized by state law.