WSR 14-06-104
[Filed March 5, 2014, 9:12 a.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, amending WAC 196-29-110 Land surveying practice standards and new section WAC 196-29-105 Practice of land surveying.
Hearing Location(s): Davenport Hotel, Cutter Room, 10 South Post Street, Spokane, WA 99201, on April 10, 2014, at 6:00 p.m.; at the Radisson Hotel, Boardroom 2, 18118 International Boulevard, Seattle, WA 98188, on April 16, 2014, at 6:00 p.m.; at the Holiday Inn, Boardroom, 8606 36th Avenue N.E., Marysville, WA 98270, on April 22, 2014, at 6:00 p.m.; at the Red Lion, Birch Room, 510 South Kelso Drive, Kelso, WA 98626, on April 24, 2014, at 6:00 p.m.; and at the Hilton Garden Inn, Boardroom, 401 East Yakima Avenue, Yakima, WA 98901, on April 29, 2014, at 6:00 p.m.
Date of Intended Adoption: May 6, 2014.
Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail, fax (360) 664-2551, by April 8, 2014.
Assistance for Persons with Disabilities: Contact Cassandra Fewell, executive assistant, by April 8, 2014, 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: George Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no fiscal impact to licensees.
A cost-benefit analysis is not required under RCW 34.05.328. There is no fiscal impact to licensees.
March 5, 2014
Damon Monroe
Rules Coordinator
WAC 196-29-105 Practice of land surveying.
The practice of land surveying, as defined in RCW 18.43.020(9) includes the:
(1) Evaluation and interpretation of evidence;
(2) Adjustment and authoritative interpretation of survey data;
(3) Certification of positional accuracy of maps or measured survey data;
(4) Acquisition of field data required to authoritatively position the location of features;
(5) Utilization of the principles of land surveying to determine the position of any monument or reference point which marks a property line, boundary, corner, right of way, easement or alignment of those lines, or setting, resetting, or replacing any such monument or reference point;
(6) Setting, resetting, or replacing of control points which orient construction or engineering projects in relation to property, easement, or right of way boundaries;
(7) Rendering of, either directly or indirectly, an authoritative reference or opinion as to the location of a property line, boundary, right of way, easement, or any corner position relating thereto;
(8) Creation and modification of descriptions for use in legal instruments of conveyance of real property and property rights (easements) and the subdivision of land;
(9) Creation of maps and georeferenced data bases representing authoritative locations for boundaries, the location of fixed works, or topography; and
(10) Establishment of ground control which determines authoritative elevations or boundaries in relation to photogrammetric or other active or passive remote-based sensing technology.
As used throughout this section, the term authoritative or authoritatively means: Being presented as trustworthy and competent when used to describe products, processes, and applications or data resulting from the practice of land surveying.
Except for the authority granted to county engineers in chapters 36.75, 36.80, 36.81, and 36.86 RCW, and where otherwise exempted in state law, the practice of land surveying must be performed by or under the direct supervision of a licensed professional surveyor.
AMENDATORY SECTION (Amending WSR 06-22-038, filed 10/25/06, effective 11/25/06)
WAC 196-29-110 Land surveying practice standards.
Failure by any registrant to comply with the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC shall be considered misconduct or malpractice as defined by RCW 18.43.105(((11))) (10).
The following standards shall also apply:
(1) The monumentation, posting, and/or the marking of a boundary line between two existing corner monuments constitutes the "practice of land surveying" as defined in chapter 18.43 RCW and chapter 196-16 WAC, and consequently requires said work to be performed under the direct supervision of a registered professional land surveyor.
(2) The field survey work performed to accomplish the monumentation, posting, and marking of a boundary line between two existing corner monuments shall meet the minimum standards imposed by chapter 332-130 WAC.
(3) The monumentation, posting, and/or marking of a boundary line between two existing corner monuments involves a determination of the accuracy and validity of the existing monuments by the use of standard survey methods and professional judgment.
(4) The monumentation, posting, and marking of a boundary line between two existing corner monuments shall require the filing of a record of survey according to chapter 58.09 RCW unless both corners satisfy one or both of the following requirements:
(a) The corner(s) are shown as being established on a properly recorded or filed survey according to chapter 58.09 RCW and are accurately and correctly shown thereon.
(b) The corner(s) are described correctly, accurately, and properly on a land corner record according to chapter 58.09 RCW if their establishment was by a method not requiring the filing of a record of survey.