Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-071.

Title of Rule: Experience records; this rule describes the experience requirements needed to qualify for a professional engineer and/or structural engineer license. Examinations; this rule describes the examinations that must be taken and passed to become licensed as a professional engineer and/or structural engineer.

Purpose: To amend two rules in chapter 196-12 WAC, Experience records and Examinations, to reflect changes made to chapter 18.43 RCW by the regular session of the 2000 legislature that impacts the requirements to become licensed as a structural engineer.

Other Identifying Information: These proposed amendments are to bring chapter 196-12 WAC into compliance with legislative changes made to chapter 18.43 RCW. The legislative change goes into effect on January 30, 2002.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: RCW 18.43.040.

Summary: The regular session of 2000 legislature amended RCW 18.43.040 to change the requirements for becoming licensed as a structural engineer. This change requires that both WAC 196-12-020 and 196-12-030 be amended to be in compliance with RCW 18.43.040 when the law change goes into effect on January 30, 2002.

Reasons Supporting Proposal: The Washington Administrative Code (WAC) must be amended to comply with changes made to RCW 18.43.040 by the regular session of the 2000 legislature.

Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1578; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1565.

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: Two rules are being amended in chapter 196-12 WAC to make them consistent with RCW 18.43.040. RCW 18.43.040 was amended by the regular session of the 2000 legislature to change the requirements for becoming licensed as a structural engineer. WAC 196-12-020(3) describes the specific experience requirements that an engineer must meet in order to qualify for licensure as a structural engineer. WAC 196-12-030(3) describes the examinations that an engineer must take and pass to become licensed as a structural engineer. The effect will be that the two rules being amended will be consistent with RCW 18.43.040 and engineers and the public will be put on notice of the new requirements for becoming licensed as a structural engineer.

Proposal Changes the Following Existing Rules: WAC 196-12-020 currently requires a minimum of eight years of qualifying structural engineering experience of which a total of five years can be gained by having appropriate education. The amended rule requires two years of qualifying structural engineering experience in addition to the eight years of engineering experience required to become a professional engineer. This results in a total of ten years of qualifying experience. The sentence about the five years of education is being deleted because engineering education is addressed in another rule.

WAC 196-12-030(3) currently states that the branch of structural engineering requires a more exhaustive principle and practice examination in addition to the stage 1 fundamentals-of-engineering examination. The change in law now requires that an engineer first be licensed as a professional engineer before they can apply for and take the structural engineer exam. So, the rule has been amended to state the examinations that must be taken to become licensed as a structural engineer. In addition to the fundamentals-of-engineering examination that is currently required, the amended rule states that the structural engineer must also take the stage 2 principles and practice of engineering (PE) examination, the take-home law and ethics exam, and the stage 3 examination comprised of examinations in the principles and practice of structural engineering and structural engineering issues important to Washington state.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The two rules proposed for amendment, WAC 196-12-020 and 196-12-030 do not regulate or have an impact on either small or large businesses. The rules provide information for the individual engineer that is interested in becoming licensed as a structural engineer as to what the experience requirements are and what examinations must be taken in order to be licensed.

RCW 34.05.328 does not apply to this rule adoption. Neither the Department of Licensing nor the Board of Registration for Professional Engineers and Land Surveyors are one of the named agencies in this statute.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Conference Room No. 1, First Floor, Olympia, WA, on November 8, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by November 5, 2001, TDD (360) 586-2788, or (360) 664-1564.

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

Date of Intended Adoption: November 15, 2001.

September 21, 2001

George A. Twiss

Executive Director

OTS-5055.1

AMENDATORY SECTION(Amending WSR 98-12-052, filed 5/29/98, effective 7/1/98)

WAC 196-12-020   Experience records.   The law requires eight years of experience in engineering work of a character satisfactory to the board and passing the fundamentals-of-engineering examination to be eligible for the second stage (PE) engineer examination. These eight years must be of broad based, progressive experience to include gaining knowledge and comprehension of engineering subjects and applying engineering principles. The eight years of experience must be completed sixty days prior to the date of the examination.

The board shall evaluate all experience, which includes education, on a case-by-case basis and approve such experience as appropriate. The board will use the following criteria in evaluating an applicant's experience record:

(1) Education experience will be based on transcripts. Therefore, any transcripts not previously sent to the board's office should be submitted for maximum experience credit. Education may be approved as experience based on the following:

(a) Graduation with a baccalaureate degree in engineering approved by the engineer accreditation commission (EAC) of the accreditation board for engineering and technology (ABET) shall be equivalent to four years of required experience. Satisfactory completion of each year of such an approved engineering curriculum is equivalent to one year of experience.

(b) Graduation with a baccalaureate degree in a program in engineering technology approved by the technology accreditation commission (TAC) of the accreditation board for engineering and technology (ABET) is equivalent to three years of required experience. Satisfactory completion of each year of such an approved program is equivalent to three-fourths of one year of experience.

(c) Graduation in an approved four year non-ABET accredited engineering curriculum will be given a maximum of three years of experience.

(d) A maximum of one year may be granted for postgraduate engineering courses approved by the board for those applicants having earned degrees in accordance with (a), (b) or (c) of this subsection.

(e) A nonengineering bachelor of science program can be given a maximum of two years of experience. If the degree is followed by a master of science in engineering from a school that has an ABET accredited undergraduate program in the same discipline as the master's degree, a maximum of four years of experience may be granted for this combination of education.

(f) Graduation with an associate degree in engineering from an approved curriculum may be equivalent of up to two years of required experience.

(g) Education gained in a piecemeal fashion over time where no degree is conferred will be granted up to a maximum of two years of experience. For the purpose of this subsection, education in a "piecemeal fashion" means: One or two classes taken at a time, often at different schools; seminars; workshops; and classes taken through industry and the military. In order to determine the appropriate amount of experience, this type of education will be compared to college coursework in a baccalaureate of engineering technology degree program.

(h) The board may approve engineering degree programs from other countries.

(i) A number of foreign degree programs are included in mutual recognition agreements entered into by ABET with other accrediting authorities. Applicants with a degree from one of these programs will be evaluated in accordance with (a) and (b) of this subsection. A list of those approved mutual recognition degree programs is maintained in the board office.

(ii) Applicants having engineering degrees from programs in countries that are not on the mutual recognition list will be required to have their transcripts evaluated by a transcript evaluation service approved by the board. This evaluation will be performed at the applicant's expense, and the applicant will be responsible for submitting all necessary information to the evaluation service. If the evaluation service says that the foreign degree is equivalent to an ABET accredited degree, experience will be granted in accordance with (a) or (b) of this subsection. If the evaluation says that the foreign degree is not equivalent to an ABET accredited degree, then a maximum of three years of experience may be granted in accordance with (c) of this subsection.

(iii) An applicant with an undergraduate foreign degree from a program that is not on the mutual recognition list, can waive the requirement for a degree evaluation if they have a master of science in engineering from a school that has an ABET accredited undergraduate engineering degree program in the same discipline as the master's degree. A maximum of four years of experience can be granted for this combination of education.

(i) Any other education will be taken into account and evaluated on its merits.

(j) Work experience gained between semesters or quarters or during summers while enrolled in an approved curriculum will be considered as part of the educational process. The board grants one year of experience for a year of approved education including any associated work experience within that year.

(2) Work experience will be approved based on a demonstration of competency and progressive responsibility in the analysis, synthesis and evaluation of engineering concepts and data, under the direct supervision of a person authorized by chapter 18.43 RCW or other applicable statute to practice engineering. Under the general guidance and direct supervision of an authorized professional, the applicant must be in a position of making independent judgments and decisions in the following experience areas:

(a) Formulating conclusions and recommendations;

(b) Identifying design and/or project objectives;

(c) Identifying possible alternative methods and concepts;

(d) Defining performance specifications and functional requirements;

(e) Solving engineering problems;

(f) Interacting with professionals from other areas of practice;

(g) Effectively communicating recommendations and conclusions;

(h) Demonstrating an understanding and concern for energy/environmental considerations, and sustainability of resources.

(3) The branch of structural engineering requires specialized work experience to protect the public safety. To be eligible to take the structural ((principle and practice)) license examination, an applicant must have ((eight)) at least two years of progressive responsibility in structural engineering experience. These two years of structural experience are in addition to the eight years of engineering experience required to be registered as a professional engineer and must be documented in the application in accordance with subsection (2) of this section. ((This)) The structural engineering experience must be supervised by a licensed professional engineer in the branch of structural engineering or a licensed professional engineer with significant structural engineering work experience. ((Up to five years of this experience may be gained through education in accordance with subsection (1) of this section. In order to be granted the fifth year, a postgraduate degree in engineering with a concentration of structural courses must be obtained from a school that has an ABET accredited undergraduate program in engineering.))

(4) Engineering teaching character may be considered satisfactory experience up to a maximum of two years.

(5) Applied research is considered satisfactory experience when it meets the following conditions:

(a) The research must be conducted under the guidance or supervision of a licensed engineer. For the purposes of this subsection, guidance or supervision means being cognizant of all applicable aspects of the work and a reviewer of all applicable reporting documentation.

(b) The principle result(s) of the research are in a published report or a recognized engineering journal article in which the applicant is the first author or the work is adequately documented and available to the board upon request.

(6) For military engineering experience to be considered acceptable, it should be similar to engineering experience that would be gained in a nonmilitary environment as defined in subsection (2) of this section, and such experience must be verified.

(7) Any work experience gained without the supervision of a professional engineer authorized to practice under chapter 18.43 RCW or an individual authorized by another statute to practice engineering, or any work experience gained in any other situation which violates the provisions of chapter 18.43 RCW or Title 196 WAC will not be counted toward the statutory experience requirement.

[Statutory Authority: RCW 18.43.035. 98-12-052, 196-12-020, filed 5/29/98, effective 7/1/98; 92-01-101, 196-12-020, filed 12/17/91, effective 1/17/92; 87-13-005 (Order PM 606), 196-12-020, filed 6/4/87; 84-04-027 (Order PL 454), 196-12-020, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-020, filed 12/18/81; Order PL-115, 196-12-020, filed 11/24/71; Rule IIB, filed 11/15/65; Rule IIB, filed 5/26/65; Rule IIB, filed 8/4/64; Rule IB, filed 12/26/62.]

Examinations are given at times and places designated by the board. The schedule of future examinations and examination syllabi may be obtained from the board office. Examinees will not be allowed to view any examination material prior to taking the examination other than syllabi available to the public or sample examination booklets published by the National Council of Examiners for Engineering and Surveying. If one examination part is failed, only that examination part must be retaken.

(2) If a professional engineer holding a current registration in the state of Washington wants to become licensed in multiple branches of engineering, an additional principle and practice examination must be taken in each branch.

(3) The branch of structural engineering requires a ((more exhaustive principle and practice)) series of examinations, as determined by the board, to protect the public safety. ((In addition to the stage 1 fundamentals-of-engineering examination,)) To become licensed as a professional engineer in the branch of structural engineering, the candidate must pass: The stage 1 fundamentals-of-engineering examination; the stage 2 principles and practice of engineering (PE) and the take-home law and ethics examinations; and the stage 3 examination comprised of ((all parts of)) examinations in the principles and practice of structural engineering ((examination, including a demonstration of competency in)) and structural engineering issues important to Washington state((, and the law and ethics examination)).

[Statutory Authority: RCW 18.43.035. 01-09-016, 196-12-030, filed 4/6/01, effective 5/7/01; 98-12-052, 196-12-030, filed 5/29/98, effective 7/1/98; 93-01-081, 196-12-030, filed 12/15/92, effective 1/15/93; 84-04-027 (Order PL 454), 196-12-030, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-030, filed 12/18/81; Order PL-129, 196-12-030, filed 7/27/72; Order PL-115, 196-12-030, filed 11/24/71; Order 11, 196-12-030, filed 9/12/68; Rule IIC, filed 11/15/65, 8/4/64; Rule IC, filed 12/26/62.]

Washington State Code Reviser's Office