WSR 99-10-082

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed May 4, 1999, 2:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-02-075.

Title of Rule: WAC 196-24-090 Branch offices, this rule defines a branch office, explains how it differs from a project office and states that each branch office must have a resident professional engineer and/or professional land surveyor.

Purpose: Amend the rule to expand it to include "places of business" along with branch offices. Rewrite the language to make it more clear, concise and understandable.

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 196-24-090 was reviewed as part of the board's rule review schedule. The title of the rule was expanded to include "places of business" and states that a firm must have a resident engineer or land surveyor at their home office as well as the branch office. The terms "resident professional engineer and resident professional land surveyor" as well as "project office" are more succinctly defined and clarified. The rule was also moved to a chapter where one would logically look for this information.

Reasons Supporting Proposal: Amending this rule will make the language more clear and concise and easier to understand. Moving the rule to chapter 196-25 WAC, Business practices, is a logical place for the rule and 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 branch office, project office, and resident professional engineer/land surveyor. The purpose is to put the licensee and general public on notice as to what these terms mean, to clarify what kinds of work may be done at branch and project offices, and to insure that the appropriate personnel are working at each kind of office. The effect will be that it is easier to understand what the board's intent is relative to these terms.

In addition, moving the rule from chapter 196-24 to 196-25 WAC puts the rule in a more logical location which will make the information easier to find.

Proposal Changes the Following Existing Rules: This rule is amended to make it more concise and easier to understand. The title was expanded to include "places of business" along with branch offices. In addition, the terms "resident professional engineer" and "resident professional land surveyor" and the term "project office" are more clearly defined.

This rule's citation in chapter 196-25 WAC will be WAC 196-25-050.

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 the 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-3073.1


NEW SECTION
WAC 196-25-050
Branch offices and places of business.

(1) An engineering firm or land surveying firm maintaining branch offices shall have a resident professional engineer or resident professional land surveyor, as applicable, for each branch office as well as the parent location. A branch office of an engineering or land surveying firm shall be defined as an office established to solicit and/or provide engineering and/or land surveying services. A resident professional engineer or professional land surveyor shall be defined as a person who:

(a) Holds a valid license in this state;

(b) Maintains said branch office or parent location as his/her normal place of employment; and

(c) Is in responsible charge of said engineering and/or land surveying services.

(2) A project office shall be defined as an extension of a firm that is used:

(a) For supervision for construction of a project designed elsewhere.

(b) As a convenient workplace for a specific land surveying or engineering project. A project office is not allowed to offer services and shall not be required to have a resident professional engineer or resident land surveyor.

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OTS-3120.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 196-24-090Branch offices.

© Washington State Code Reviser's Office