WSR 06-18-076

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 5, 2006, 9:18 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-08-061.

     Title of Rule and Other Identifying Information: New chapter 196-29 WAC, Professional practices.

     Hearing Location(s): Department of Licensing, Business and Professions Division, Conference Room #209, 405 Black Lake Boulevard, Olympia, WA 98502, on October 10, 2006, at 9:00 a.m.

     Date of Intended Adoption: October 11, 2006.

     Submit Written Comments to: George A. Twiss, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by October 6, 2006.

     Assistance for Persons with Disabilities: Contact Kim King by October 6, 2006, TTY (360) 664-8885 or (360) 664-1564.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To better organize existing and future rules that pertain to the professional practices of professional engineers and professional land surveyors under one chapter heading.

     Reasons Supporting Proposal: To create a rule titled "professional practices" so that it better explains subject matter.

     Statutory Authority for Adoption: RCW 43.24.086.

     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 A. 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 economic impact to the licensees.

     A cost-benefit analysis is not required under RCW 34.05.328. There is no economic impact to licensees.

September 5, 2006

George A. Twiss

Executive Director

NEW CHAPTER

WAC 196-29

PROFESSIONAL PRACTICES
NEW SECTION
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).

     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 theron.

     (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.

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     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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