WSR 18-06-056
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed March 5, 2018, 9:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-22-005.
Title of Rule and Other Identifying Information: Chapter 196-12 WAC, Registered professional engineers; specifically, WAC 196-12-010, 196-12-045 and new WAC 196-12-047.
Hearing Location(s): On April 10, 2018, at 10:00 a.m., at the Department of Licensing, 405 Black Lake Boulevard, Conference Room 2108, Olympia, WA 98502; and on April 12, 2018, at 3:30 p.m., at the Hilton Garden Inn Spokane, Airport Hotel, 9015 West Highway 2, Spokane, WA 99224-9413.
Date of Intended Adoption: April 13, 2018.
Submit Written Comments to: Julie Konnersman, Management Analyst, Board of Registered Professional Engineers and Land Surveyors (BORPELS), P.O. Box 9012, Olympia, WA 98507-9012, email engineers@dol.wa.gov, fax 360-570-7098, by April 12, 2018.
Assistance for Persons with Disabilities: Contact Jenni Lingle, administrative assistant, phone 360-664-1564, fax 360-570-7098, TTY 711, email engineers@dol.wa.gov, by April 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Editing this chapter has multiple parts: (1) It would allow out-of-state applicants who have passed the national board exam that are not licensed in another state to apply for initial licensure in Washington; (2) there are policies put in place by the board that need to be codified in rule; and (3) it would identify experience requirements for licensure as a structural engineer and have them outlined in rule.
Reasons Supporting Proposal: Restructuring requirements for licensure will make it easier for out-of-state applicants to become licensed. Defining the experience requirements for structural engineers will make it easier for applicants to correctly complete the license application.
Statutory Authority for Adoption: RCW 18.43.035.
Statute Being Implemented: RCW 18.43.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: BORPELS, governmental.
Name of Agency Personnel Responsible for Drafting: Shanan Gillespie, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1570; Implementation and Enforcement: Ken Fuller, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1565.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. There is no economic impact to licensees.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030 (1)(a) and 19.85.020(2), this rule will impose no costs to business.
March 5, 2018
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-08-064, filed 3/27/15, effective 4/30/15)
WAC 196-12-010 Registration requirements.
((The requirements)) To become licensed as a professional engineer ((are)), you must meet the requirements below:
(1) Have eight years of experience in engineering work of a character satisfactory to the board.
(a) ((These)) The eight years ((must be of broad based, progressive experience to include gaining knowledge and comprehension of engineering subjects and applying engineering principles)) of experience may be a combination of education and practice work experience. Under selected circumstances a maximum of five years of education (baccalaureate and master's degrees) can be granted toward the eight-year requirement.
(b) The eight years of experience ((may be a combination of education and practical work experience. Under selected circumstances a maximum of five years of education (baccalaureate and masters degrees) can be granted toward the eight-year requirement)) must be broad based, progressive experience to include gaining knowledge and comprehension of engineering subjects and applying engineering principles.
(2) ((Obtaining)) Receive a passing score on the National Council of Examiners for Engineering and Surveying (NCEES) fundamentals-of-engineering (FE) examination. Or, have a current license as a Canadian professional engineer (P.Eng), and having received a passing score on the Engineers Canada Professional Practice Examination (PPE);
(3) ((Obtaining)) Receive a passing score on the NCEES principles and practice of engineering (PE) examination;
(4) ((Obtaining)) Receive a passing score on the ((board's)) Washington law review;
(5) Be of good character and reputation; and
(6) Payment of applicable fees.
Exam results must be independently verified by the NCEES member board, or engineers Canada constituent association that granted approval to write the exam.
AMENDATORY SECTION (Amending WSR 08-11-100, filed 5/20/08, effective 7/1/08)
WAC 196-12-045 ((Comity)) Registration of applicants ((qualified)) licensed in other jurisdictions.
Licenses ((will)) may be issued ((by comity)) only in the branches of engineering offered by the board. ((Applicants for registration as a professional engineer by comity must:)) The board has discretion to issue a license to an out-of-state licensee who meets the following requirements:
(1) Completes an application on forms provided by the board and ((be accompanied by)) pays the appropriate fee((.));
(2) Holds a currently valid license in a board recognized licensing jurisdiction in a state, territory, possession, district, or foreign country((.)); and
(3) ((Have been qualified to)) Meets minimum requirements for licensure as determined by the board under WAC 196-12-010, including testing that adequately measures the fundamentals and principles and practice of engineering.
NEW SECTION
WAC 196-12-047 Structural licensing requirements.
The branch of structural engineering requires specialized work experience to protect the public health, safety, and welfare. To be licensed as a structural engineer, an applicant must:
(1) Be licensed as a professional engineer in Washington state;
(2) Have at least two years of progressive responsibility in structural engineering experience in addition to the eight years of engineering experience required to be registered as a professional engineer. The structural experience should:
(a) Demonstrate the applicant's ability to design building structures or nonbuilding structures integrated within "significant structures" as defined in RCW 18.43.020(11) and located in International Building Code (IBC) Seismic Design Category D or above;
(b) Be progressive in difficulty and magnitude;
(c) Demonstrate breadth and depth of seismic design subject matter;
(d) Incorporate two of the four common construction materials (steel, concrete, wood, and masonry);
(e) Reflect ability to design and apply structural engineering principles that show sound judgment on projects involving public health, safety, and welfare;
(f) Be supervised by a licensed professional engineer in the branch of structural engineering or a licensed professional engineer with substantial structural engineering work experience; and
(3) Pass a board approved structural exam.