WSR 16-19-108
[Filed September 21, 2016, 11:30 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-13-043.
Title of Rule and Other Identifying Information: WAC 308-13-055 Do I need a stamp or seal?
Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard S.W., Room 2105, Olympia, WA 98502, on October 26, 2016, at 1:00 p.m.
Date of Intended Adoption: October 27, 2016.
Submit Written Comments to: Julie Konnersman, Board of Licensure for Landscape Architects, P.O. Box 9012, Olympia, WA 98507-9012, e-mail, fax (360) 570-7098, by October 25, 2016.
Assistance for Persons with Disabilities: Contact Jenni Lingle by October 25, 2016, TTY (360) 664-0116 or (360) 664-1564.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change will replace the current required stamp design with a new design that has been presented by the landscape architecture industry and approved by the board of licensure for landscape architects. Only individuals licensed after the effective date of this rule will be required to obtain the new stamp.
Reasons Supporting Proposal: The regulated entities requested a change to the board-authorized seal/stamp.
Statutory Authority for Adoption: RCW 18.96.060.
Statute Being Implemented: RCW 18.96.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Julie Konnersman, 405 Black Lake Boulevard, Building 2, Olympia, (360) 664-1507; Implementation and Enforcement: Lorin Doyle, 405 Black Lake Boulevard, Building 2, Olympia, (360) 664-1386.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Exempt under RCW 19.85.030 (1)(a) and 19.85.020(2). This rule will impose no costs on current licensees. Only individuals that get licensed on or after the effective date of this rule will be required to obtain the new stamp.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from this requirement under RCW 34.05.328 (5)(a).
September 21, 2016
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-12-116, filed 6/2/10, effective 7/3/10)
WAC 308-13-055 Do I need a stamp or seal?
If you were issued your license on or after ((July 1, 2010)) January 1, 2017, you must have a seal/stamp of the design authorized by the board, bearing your name, license number and the legend "Licensed landscape architect, state of Washington." The size of the seal/stamp may be ((used in a horizontal or vertical format)) adjusted provided it remains readable. Other deviations are not allowed. Examples of the board-authorized seal/stamp appear below.
If you were licensed before ((July 1, 2010)) January 1, 2017, you may continue to use your existing registration stamp.
(1) Your seal/stamp must include your signature and your license expiration date.
(2) You must seal/stamp the following:
(a) All technical submissions required for building permits, regulatory approvals and/or construction drawings that are filed with authorities having jurisdiction;
(b) Drawings prepared by you on each sheet;
(c) Specifications and other technical submissions need only be sealed/stamped on the cover, title page, and all pages of the table of contents.
Your seal/stamp shall not be affixed to any drawings not prepared by you or your regularly employed subordinates, or not reviewed by you. If you seal/stamp drawings or specifications that you have reviewed, you shall be responsible to the same extent as if those drawings or specifications were prepared by you.
Without exception, these sealing/stamping requirements for landscape architects shall apply to all work prepared or supervised by the landscape architect.
(3) The terms "signature" or "signed" as used in chapter 18.96 RCW and this chapter, shall mean the following:
(a) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting your name on a document to attest to its validity. The handwritten or digital identification must be:
(i) Original and written by hand, or a scanned image of an original, handwritten identification;
(ii) Permanently affixed to the document(s) being certified;
(iii) Applied to the document by the identified licensee;
(iv) Placed adjacent to the seal/stamp of the licensee;
(b) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:
(i) Unique to the licensee using it;
(ii) Capable of independent verification;
(iii) Under the exclusive control of the licensee using it;
(iv) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.