PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-11-088 and 00-22-043.
Title of Rule: This will be new chapter 196-33 WAC, Rules of professional practice. The chapter contains five sections that provide information to licensed individuals regarding professional conduct, practice, direct supervision, stamping and seals, as provided for in chapter 18.210 RCW.
Purpose: The purpose of this new chapter is to implement those parts of RCW 18.210.005, 18.210.020, 18.210.130, and 18.210.150 requiring the establishment of standards of practice, outlining professional conduct, defining direct supervision and establishing the professional seal/stamp and its proper usage for persons who are licensed under chapter 18.210 RCW to practice, or offer to practice the design of on-site wastewater treatment systems in the state, and licensed professional engineers under chapter 18.43 RCW practicing on-site design.
Statutory Authority for Adoption: RCW 18.210.060 and 18.43.035.
Statute Being Implemented: Chapter 18.210 RCW.
Summary: 2SSB 5821 established the on-site wastewater treatment system designer licensing/inspector certification program in July 1999. That legislation was codified as chapter 18.210 RCW. This law requires the statewide regulation of persons practicing on-site wastewater treatment system design services through the establishment of a licensing program and standards of practice. These standards shall apply to the affected practitioners, whether licensed professional designers under chapter 18.210 RCW, or licensed professional engineers under chapter 18.43 RCW.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Joe Vincent Jr., 405 Black Lake Boulevard, Olympia, WA, (360) 664-1567; Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1565.
Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, On-Site Wastewater Treatment System Designer Licensing/Inspector Certification Advisory Committee, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This new WAC chapter and set of rules establishes the standard of professional conduct, defines direct supervision, and seal and stamp design and usage.
The purpose of these rules is to notify all persons who practice on-site wastewater treatment system design services and local health department employees who inspect designs, of the expected professional conduct of designers, the requirements of direct supervision, and the appropriate use of the professional seal/stamp and its design.
The effect is to implement the requirements of chapter 18.210 RCW, establishing a professional standard for this industry.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The legislature, through 2SSB 5821, mandated the examination and licensing of persons practicing on-site wastewater treatment system design services and the examination and certification of local health department employees who inspect designs. The bill does not require a business to pay for the examination, license, or certificate or the time needed to complete the examination; those costs are typically borne by the license or certificate applicant. In addition, research conducted by the Engineer Registration Board and the On-Site Advisory Committee found that all businesses doing on-site designer work fall into the states' definition of "small business." Consequently, these small businesses cannot be placed at a disadvantage by larger businesses doing the same work.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Neither the Department of Licensing, or the board of registration are one of the named agencies in this statute.
Hearing Location: La Quinta Inn, 1425 East 27th Street, Tacoma, WA 98421, on April 12, 2001, at 7:00 p.m.; and at The Double Tree Hotel, 322 North Spokane Falls Court, Spokane, WA 99201, on April 19, 2001, at 7:00 p.m.
Assistance for Persons with Disabilities: Contact Kim Chipman by March 16, 2001, TDD (360) 586-2788, or (360) 664-1564.
Submit Written Comments to: Joe Vincent Jr., Manager, On-Site Program, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 664-2551, by May 1, 2001.
Date of Intended Adoption: May 17, 2001.
February 7, 2001
George A. Twiss
Executive Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-06 issue of the Register.