Chapter 18.43 RCW

In order to safeguard life, health, and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice engineering or land surveying, shall hereafter be required to submit evidence that he or she is qualified so to practice and shall be registered as hereinafter provided; and it shall be unlawful for any person to practice or to offer to practice in this state, engineering or land surveying, as defined in the provisions of this chapter, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description tending to convey the impression that he or she is a professional engineer or a land surveyor, unless such a person has been duly registered under the provisions of this chapter.

False advertising: Chapter 9.04 RCW.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means the state board of registration for professional engineers and land surveyors, provided for by this chapter.

(2) "Director" means the director of the Washington state board of registration for professional engineers and land surveyors.

(3) "Engineer-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) has successfully passed the examination in the fundamental engineering subjects; and (c) is enrolled by the board as an engineer-in-training.

(4) "Engineering" means the "practice of engineering" as defined in this section.

(5) "Land-surveyor-in-training" means a candidate who: (a) Has satisfied the experience requirements in RCW 18.43.040 for registration; (b) successfully passes the examination in the fundamental land surveying subjects; and (c) is enrolled by the board as a land-surveyor-in-training.

(6)(a) "Practice of engineering" means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects.

(b) A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents themself to be a professional engineer, or through the use of some other title implies that they are a professional engineer; or who holds themself out as able to perform, or who does perform, any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering.

(c) The practice of engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment.

(7) "Practice of land surveying" means assuming responsible charge of the surveying of land for the establishment of corners, lines, boundaries, and monuments, the laying out and subdivision of land, the defining and locating of corners, lines, boundaries, and monuments of land after they have been established, the survey of land areas for the purpose of determining the topography thereof, the making of topographical delineations and the preparing of maps and accurate records thereof, when the proper performance of such services requires technical knowledge and skill.

(8) "Professional engineer" means a person who, by reason of the person's special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by the person's legal registration as a professional engineer.

(9) "Professional land surveyor" means a person who, by reason of the person's special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by the person's legal registration as a professional land surveyor.

(10) "Significant structures" include:

(a) Hazardous facilities, defined as: Structures housing, supporting, or containing sufficient quantities of explosive substances to be of danger to the safety of the public if released;

(b) Essential facilities that have a ground area of more than five thousand square feet and are more than twenty feet in mean roof height above average ground level. Essential facilities are defined as:

(i) Hospitals and other medical facilities having surgery and emergency treatment areas;

(ii) Fire and police stations;

(iii) Tanks or other structures containing, housing, or supporting water or fire suppression material or equipment required for the protection of essential or hazardous facilities or special occupancy structures;

(iv) Emergency vehicle shelters and garages;

(v) Structures and equipment in emergency preparedness centers;

(vi) Standby power-generating equipment for essential facilities;

(vii) Structures and equipment in government communication centers and other facilities requiring emergency response;

(viii) Aviation control towers, air traffic control centers, and emergency aircraft hangars; and

(ix) Buildings and other structures having critical national defense functions;

(c) Structures exceeding one hundred feet in height above average ground level;

(d) Buildings that are customarily occupied by human beings and are five stories or more above average ground level;

(e) Bridges having a total span of more than two hundred feet and piers having a surface area greater than ten thousand square feet; and

(f) Buildings and other structures where more than three hundred people congregate in one area.

Effective date—2007 c 193: See note following RCW 18.43.040.

Effective date—1995 c 356: "This act shall take effect July 1, 1996." [ 1995 c 356 s 6.]

A state board of registration for professional engineers and land surveyors is hereby created which shall exercise all of the powers and perform all of the duties conferred upon it by this chapter. The board shall consist of seven members, who shall be appointed by the governor and shall have the qualifications as hereinafter required. On the expiration of the term of any member, the governor shall appoint a successor for a term of five years to take the place of the member whose term on said board is about to expire. However, no member shall serve more than two consecutive terms on the board. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor qualified as described in this chapter shall have been duly appointed.

Five members of the board shall be registered professional engineers licensed under the provisions of this chapter. Two members shall be registered professional land surveyors licensed under this chapter. Each of the members of the board shall have been actively engaged in the practice of engineering or land surveying for at least 10 years subsequent to registration, five of which shall have been immediately prior to their appointment to the board.

Each member of the board shall have been a resident of this state for at least five years and practiced in this state for at least five years immediately preceding the member's appointment.

Each member of the board shall be compensated in accordance with RCW 43.03.240 and, in addition thereto, shall be reimbursed for travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.

The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as hereinabove provided.

Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

Upon request of the board, the director shall select a candidate for a pro tem board member position and upon approval of the board, the board chair shall make the appointment. Up to three individuals may serve as pro tem board members. A pro tem board member will be participating as a temporary member of the board and perform services as needed and determined by the director, including ensuring sufficient case reviewers, forming a quorum at a board meeting, serving on any combination of one or more committees, or participating as needed at formal disciplinary hearings. An appointed individual must be registered under this chapter or licensed under chapter 18.210 RCW for a minimum of five years immediately prior to the appointment. While serving as a board member pro tem, an appointed person has all the powers, duties, and immunities of a regular member of the board and is entitled to the same compensation, including travel expenses, in accordance with RCW 18.43.030. A pro tem appointment may not last for more than 180 days unless approved by the director.

(1) The board may adopt and amend bylaws establishing its organization and method of operation, including but not limited to meetings, maintenance of books and records, publication of reports, code of ethics, and rosters, and adoption and use of a seal.

(2) Four members of the board shall constitute a quorum for the conduct of any business of the board.

(3) The board shall appoint its director, who must hold a valid Washington license as a professional engineer or professional land surveyor.

(4) The board may employ such persons as are necessary to carry out its duties under this chapter.

(5) It may adopt rules reasonably necessary to administer the provisions of this chapter. The board shall submit to the governor periodic reports as may be required. A roster, showing the names and mailing addresses of all registered professional engineers and professional land surveyors may be published for distribution, upon request, to professional engineers and professional land surveyors registered under this chapter and to the public.

Effective dates—2002 c 86: See note following RCW 18.08.340.

Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

The following requirements will be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer, structural engineer, professional land surveyor, engineer-in-training, or land-surveyor-in-training.

(1) PROFESSIONAL ENGINEER. To be licensed as a professional engineer, an applicant must meet the examination and experience requirements delineated in this subsection (1).

(a) Examination requirements. An applicant must have received passing scores on examinations required by the board in rule.

(b) Experience requirements. A specific record of eight years or more of experience in engineering work of a character satisfactory to the board and showing that the applicant is competent to practice engineering.

(i) The experience must be broad based and progressive to include gaining knowledge and comprehension of engineering subjects and applying engineering principles.

(ii) Education or teaching at a college or university may constitute a portion of the required experience as follows:

(A) An undergraduate degree, or its equivalent, in an engineering program approved by the board will be considered the equivalent of four years of experience;

(B) Satisfactory completion of each year of an engineering program may be considered the equivalent of one year of experience at the discretion of the board;

(C) An undergraduate degree in a nonengineering program may be considered the equivalent of engineering experience at the discretion of the board;

(D) No more than four years of experience may be granted for undergraduate education; and

(E) Experience may be granted for teaching and postgraduate education as further defined by, and at the discretion of, the board.

(iii) The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent may not be deemed to be the practice of engineering.

(2) STRUCTURAL ENGINEER. Structural engineering is recognized as a specialized branch of professional engineering. A professional engineer must be registered as a structural engineer to provide structural engineering services for significant structures. To become licensed as a structural engineer, an applicant must meet the following requirements:

(a) Hold a current registration as a professional engineer in this state;

(b) Have at least two years of structural engineering experience, of a character satisfactory to the board, in addition to the eight years' experience required for registration as a professional engineer; and

(c) Pass additional examinations as prescribed by the board.

(3) PROFESSIONAL LAND SURVEYOR. To be licensed as a professional land surveyor, an applicant must meet the examination and experience requirements delineated in this subsection (3).

(a) Examination requirements. An applicant must have received passing scores on examinations required by the board in rule.

(b) Experience requirements. A specific record of eight years or more of experience in land surveying work of a character satisfactory to the board and showing that the applicant is competent to practice land surveying.

(i) The experience must be broad based and progressive to include gaining knowledge and comprehension of land surveying subjects and applying land surveying principles.

(ii) Education or teaching at a college or university may constitute a portion of the required experience as follows:

(A) An undergraduate degree, or its equivalent, in a land surveying program approved by the board is considered the equivalent of four years of experience;

(B) Satisfactory completion of each year of a land surveying program may be considered the equivalent of one year of experience at the discretion of the board;

(C) An undergraduate degree in a nonland surveying program may be considered the equivalent of land surveying experience at the discretion of the board;

(D) No more than four years of experience will be granted for undergraduate education; and

(E) Experience may also be granted for teaching and postgraduate education as further defined by, and at the discretion of, the board.

(4) ENGINEER-IN-TRAINING. An applicant who has completed four years of experience of the type outlined in subsection (1)(b) of this section and has received a passing score on a board-approved examination on the fundamentals of engineering may apply for an engineer-in-training certificate from the board.

(5) LAND-SURVEYOR-IN-TRAINING. An applicant who has completed four years of experience of the type outlined in subsection (3)(b) of this section and has received a passing score on a board-approved examination on the fundamentals of land surveying may apply for a land-surveyor-in-training certificate from the board.

Effective date—2007 c 193: "This act takes effect July 1, 2008." [ 2007 c 193 s 3.]

Effective date—1995 c 356: See note following RCW 18.43.020.

Application for registration shall be on forms prescribed by the board and furnished by the director.

The registration fee for professional engineers shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate. The fee for engineer-in-training shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate.

The registration fee for professional land surveyors shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate. The fee for land-surveyor-in-training shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate.

All registration fees are nonrefundable. Should the board find an applicant ineligible for registration, the registration fee shall be retained as an application fee.

Effective date—1995 c 356: See note following RCW 18.43.020.

When oral or written examinations are required, they shall be held at such time and place as the board shall determine. If examinations are required on fundamental engineering subjects (such as ordinarily given in college curricula) the applicant shall be permitted to take this part of the professional examination prior to his or her completion of the requisite years of experience in engineering work. The board shall issue to each applicant upon successfully passing the examination in fundamental engineering or land surveying subjects a certificate stating that the applicant has passed the examination in fundamental subjects and that the applicant's name has been recorded as an engineer-in-training or land-surveyor-in-training.

The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to the applicant's ability to design and supervise engineering works to ensure the safety of life, health, and property. Examinations shall be given for the purpose of determining the qualifications of applicants for registration separately in engineering and in land surveying.

The board shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In case of a registered professional engineer, the certificate shall authorize the practice of "professional engineering" and specify the branch or branches in which specialized, and in case of a registered professional land surveyor, the certificate shall authorize the practice of "land surveying."

In case of engineer-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental engineering subjects required by the board and has been enrolled as an "engineer-in-training." In case of land-surveyor-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental surveying subjects required by the board and has been enrolled as a "land-surveyor-in-training." All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chair and the director.

The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer or a registered professional land surveyor, while the said certificate remains unrevoked and unexpired.

Each registrant hereunder shall upon registration obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "registered professional engineer" or "registered professional land surveyor." Plans, specifications, plats, and reports prepared by the registrant shall be signed, dated, and stamped with said seal or facsimile thereof. Such signature and stamping shall constitute a certification by the registrant that the same was prepared by or under the registrant's direct supervision and that to the registrant's knowledge and belief the same was prepared in accordance with the requirements of the statute. It shall be unlawful for anyone to stamp or seal any document with said seal or facsimile thereof after the certificate of registrant named thereon has expired or been revoked, unless said certificate shall have been renewed or reissued.

Effective date—1995 c 356: See note following RCW 18.43.020.

The board may adopt rules under this section authorizing a retired status certificate. An individual certificated under this chapter who has reached the age of sixty-five years and has retired from the active practice of engineering and land surveying may, upon application and at the discretion of the board, be exempted from payment of annual renewal fees thereafter.

Effective date—1995 c 356: See note following RCW 18.43.020.

(1) Certificates of registration and certificates of authorization issued under this chapter are valid for a period of time as determined by the board. It shall be the duty of the board to notify every person, firm, or corporation registered under this chapter of the date of the expiration of the certificate and the amount of the renewal fee. If a completed application for renewal has not been received by the board by the date of expiration, postmarked before the date of expiration if mailed or transacted online before the date of expiration, the license is invalid.

(2) The board may not renew a certificate of registration for a professional land surveyor unless the registrant verifies to the board that the registrant has completed the required hours of continuing professional development.

(1) The board may, upon application and the payment of a fee determined by the board, issue a certificate as a professional engineer or professional land surveyor to any person who holds a certificate of qualification of registration issued to the applicant following examination by proper authority, of any state or territory or possession of the United States, the District of Columbia, or of any foreign country, if: (a) The applicant meets all requirements of this chapter and the rules established by the board, and (b) the applicant is in good standing with the licensing agency in said state, territory, possession, district, or foreign country.

(2) The board shall waive the fundamentals examination for applicants who meet the requirements as defined by the board in rule.

In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action for the following conduct, acts, or conditions:

(1) Offering to pay, paying or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;

(2) Being willfully untruthful or deceptive in any professional report, statement or testimony;

(3) Attempting to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone;

(4) Failure to state separately or to charge separately for professional engineering services or land surveying where other services or work are also being performed in connection with the engineering services;

(5) Violation of any provisions of this chapter;

(6) Conflict of interest—Having a financial interest in bidding for or performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an engineer except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon to perform;

(7) Nondisclosure—Failure to promptly disclose to a client or employer any interest in a business which may compete with or affect the business of the client or employer;

(8) Unfair competition—Reducing a fee quoted for prospective employment or retainer as an engineer after being informed of the fee quoted by another engineer for the same employment or retainer;

(9) Improper advertising—Soliciting retainer or employment by advertisement which is undignified, self-laudatory, false or misleading, or which makes or invites comparison between the advertiser and other engineers;

(10) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing professional engineering or land surveying.

Effective dates—2002 c 86: See note following RCW 18.08.340.

Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

The board shall have the exclusive power to discipline the registrant and sanction the certificate of registration of any registrant.

Any person may file a complaint alleging unprofessional conduct, as set out in RCW 18.43.105, against any registrant. The complaint shall be in writing and shall be sworn to in writing by the person making the allegation. A registrant against whom a complaint was made must be immediately informed of such complaint by the board.

The board, for reasons it deems sufficient, may reissue a certificate of registration to any person whose certificate has been revoked or suspended, providing a majority of the board vote in favor of such issuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of the board, and a charge determined by the board shall be made for such issuance.

In addition to the imposition of disciplinary action under RCW 18.235.110 and 18.43.105, the board may refer violations of this chapter to the appropriate prosecuting attorney for charges under RCW 18.43.120.

Effective dates—2002 c 86: See note following RCW 18.08.340.

Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

Effective date—1989 c 175: See note following RCW 34.05.010.

Any person who shall practice, or offer to practice, engineering or land surveying in this state without being registered in accordance with the provisions of the chapter, or any person presenting or attempting to use as his or her own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant, or any person who shall attempt to use the expired or revoked certificate of registration, or any person who shall violate any of the provisions of this chapter shall be guilty of a gross misdemeanor.

It shall be the duty of all officers of the state or any political subdivision thereof, to enforce the provisions of this chapter. The attorney general shall act as legal adviser of the board, and render such legal assistance as may be necessary in carrying out the provisions of this chapter.

Forgery: RCW 9A.60.020.

This chapter shall not be construed to prevent or affect:

(1) The practice of any other legally recognized profession or trade;

(2) The work of an employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under provisions of this section: PROVIDED, That such work does not include final design or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under the provisions of this section;

(3) The work of a person rendering engineering or land surveying services to a corporation, as an employee of such corporation, when such services are rendered in carrying on the general business of the corporation and such general business does not consist, either wholly or in part, of the rendering of engineering services to the general public: PROVIDED, That such corporation employs at least one person holding a certificate of registration under this chapter or practicing lawfully under the provisions of this chapter;

(4) The practice of officers or employees of the government of the United States while engaged within the state in the practice of the profession of engineering or land surveying for the government of the United States;

(5) Nonresident engineers employed for the purpose of making engineering examinations;

(6)(a) The practice of engineering or land surveying, or both, in this state by a corporation: PROVIDED, That

(i) The corporation has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether such corporation is qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;

(ii) For engineering, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation that shall designate a person holding a certificate of registration under this chapter as responsible for the practice of engineering by the corporation in this state and shall provide that full authority to make all final engineering decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation which shall designate a person holding a certificate of registration under this chapter as responsible for the practice of land surveying by the corporation in this state and shall provide full authority to make all final land surveying decisions on behalf of the corporation with respect to work performed by the corporation in this state be granted and delegated by the board of directors to the person so designated in the resolution. If a corporation offers both engineering and land surveying services, the board of directors shall designate both a licensed professional engineer and a licensed professional land surveyor. If a person is licensed in both engineering and land surveying, the person may be designated for both professions. The resolution shall further state that the bylaws of the corporation shall be amended to include the following provision: "The designated professional engineer or professional land surveyor, respectively, named in the resolution as being in responsible charge, or a professional engineer or professional land surveyor under the designated professional engineer or professional land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract;

(iii) If there is a change in the designated professional engineer or professional designated land surveyor, the corporation shall notify the board in writing within 30 days after the effective date of the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of authority or amended certificate of incorporation as filed with the secretary of state within 30 days of the filing;

(iv) Upon the filing with the board the application for certificate for authorization, certified copy of resolution and an affidavit, and the designation of a designated professional engineer or designated professional land surveyor, or both, specified in (a)(ii) of this subsection, the board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in this state upon a determination by the board that:

(A) The designated professional engineer or designated professional land surveyor, or both, hold a certificate of registration in this state in accordance with this chapter and the certificate is in force;

(B) The designated professional engineer or designated professional land surveyor, or both, are not designated in responsible charge for another corporation or a limited liability company;

(C) The corporation is licensed with the secretary of state and holds a current unified business identification number and the board determines, based on evaluating the findings and information in this section, that the applicant corporation possesses the ability and competence to furnish engineering or land surveying services, or both, in the public interest; and

(D) The corporation is registered with the department of revenue pursuant to RCW 82.32.030.

(b) The board may exercise its discretion to take any of the actions under RCW 18.235.110 or this chapter with respect to a certificate of authorization issued to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of such corporation has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under (d) and (e) of this subsection.

(c) Professional engineers or professional land surveyors organized as a professional service corporation under chapter 18.100 RCW are exempt from applying for a certificate of authorization under this chapter.

(d) Any corporation authorized to practice engineering or land surveying under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered professional engineer or individual registered professional land surveyor, and must conduct its business without unprofessional conduct in the practice of engineering or the practice of land surveying as defined in this chapter and RCW 18.235.130.

(e) Any corporation that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.

(f) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.

(g) For each certificate of authorization issued under this subsection (6) there shall be paid an initial fee determined by the board and an annual renewal fee determined by the board;

(7) The practice of engineering and/or land surveying in this state by a partnership if the partnership employs at least one person holding a valid certificate of registration under this chapter to practice engineering or land surveying, or both; or

(8)(a) The practice of engineering or land surveying, or both, in this state by limited liability companies: Provided, That

(i) The limited liability company has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the limited liability company is qualified under this chapter to practice either or both engineering or land surveying in this state.

(ii) The limited liability company has filed with the board a certified copy of a resolution by the company manager or managers that shall designate a person holding a certificate of registration under this chapter as being responsible for the practice of engineering or land surveying, or both, by the limited liability company in this state and that the designated person has full authority to make all final engineering or land surveying decisions on behalf of the limited liability company with respect to work performed by the limited liability company in this state. The resolution shall further state that the limited liability company agreement shall be amended to include the following provision: "The designated professional engineer or professional land surveyor, respectively, named in the resolution as being in responsible charge, or a professional engineer or professional land surveyor under the designated professional engineer or professional land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the limited liability company of responsibility or liability imposed upon it by law or by contract.

(iii)(A) The designated professional engineer for the limited liability company must hold a current professional engineer license issued by this state.

(B) The designated professional land surveyor for the limited liability company must hold a current professional land surveyor license issued by this state.

(C) If a person is licensed as both a professional engineer and as a professional land surveyor in this state, then the limited liability company may designate the person as being in responsible charge for both professions.

(D) If there is a change in the designated professional engineer or designated professional land surveyor, the limited liability company shall notify the board in writing within 30 days after the effective date of the change. If the limited liability company changes its name, the company shall submit to the board a copy of the certificate of amendment filed with the secretary of state's office.

(iv) Upon the filing with the board the application for certificate of authorization, a certified copy of the resolution, and an affidavit from the designated professional engineer or the designated professional land surveyor, or both, specified in (a)(ii) and (iii)(A) of this subsection, the board shall issue to the limited liability company a certificate of authorization to practice engineering or land surveying, or both, in this state upon determination by the board that:

(A) The designated professional engineer or designated professional land surveyor, or both, hold a certificate of registration in this state under this chapter and the certificate is in force;

(B) The designated professional engineer or designated professional land surveyor, or both, are not designated in responsible charge for another limited liability company or a corporation;

(C) The limited liability company is licensed with the secretary of state and has a current unified business identification number and that the board determines, based on evaluating the findings and information under this subsection, that the applicant limited liability company possesses the ability and competence to furnish either or both engineering or land surveying services in the public interest; and

(D) The limited liability company is registered with the department of revenue pursuant to RCW 82.32.030.

(b) The board may exercise its discretion to take any of the actions under RCW 18.235.110 and 18.43.105 with respect to a certificate of authorization issued to a limited liability company if the board finds that any of the managers or members holding a majority interest in the limited liability company has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under the provisions of (d) and (e) of this subsection.

(c) Professional engineers or professional land surveyors organized as a professional limited liability company are exempt from applying for a certificate of authorization under this chapter.

(d) Any limited liability company authorized to practice engineering or land surveying, or both, under this chapter, together with its manager or managers and members for their own individual acts, are responsible to the same degree as an individual registered professional engineer or registered professional land surveyor, and must conduct their business without unprofessional conduct in the practice of engineering or land surveying, or both.

(e) A limited liability company that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.

(f) All plans, specifications, designs, and reports when issued in connection with work performed by a limited liability company under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.

(g) For each certificate of authorization issued under this subsection (8) there shall be paid an initial fee determined by the board and an annual renewal fee determined by the board.

Effective dates—2002 c 86: See note following RCW 18.08.340.

Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

Effective date—1997 c 247 s 4: "Section 4 of this act takes effect July 1, 1998." [ 1997 c 247 s 5.]

The board shall set fees at a level adequate to pay the costs of administering this chapter. All fees collected under the provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, and 18.43.130 and fines collected under RCW 18.43.110 shall be paid into the board of registration for professional engineers and land surveyors' account, which account is hereby established in the state treasury to be used to carry out the purposes and provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, 18.43.110, 18.43.120, 18.43.130, and all other duties required for operation and enforcement of this chapter. During the 2013-2015, 2015-2017, and 2025-2027 fiscal biennia, the legislature may transfer moneys from the board of registration for professional engineers and land surveyors' account to the state general fund such amounts as reflect the excess fund balance of the fund.

Effective date—2025 c 424: See note following RCW 9.46.100.

Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.

Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.

Effective date—1991 c 277: See note following RCW 18.85.061.

Effective date—1985 c 57: See note following RCW 18.04.105.

The board shall immediately suspend the registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for registration during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.

Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

Effective dates—2002 c 86: See note following RCW 18.08.340.

Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the board determines that the military training or experience is not substantially equivalent to the standards of this state.

The department of licensing, through an interagency agreement with the board, shall provide specified technical services to the board as mutually agreed upon by both parties.

This chapter shall be known and may be cited as the "Professional Engineers' Registration Act."