Title 196 WAC — Engineers and Land Surveyors, Board of Registration for Professional

Chapter 196-09 Board practices and procedures.

Wash. Admin. Code § 196-09-010 Declaration of purpose.

This chapter contains rules and administrative procedures for regular and special meetings, adjudicative proceedings hearings and reviews, public records and other activities of the board, board members and board staff in executing their responsibilities under chapters 18.43 and 18.210 RCW.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-010, filed 11/2/21, effective 12/3/21. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 98-12-045, § 196-09-010, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-09-012 Definitions.

The following definitions shall apply to this chapter:

(1) "Adjudicative proceedings" are processes of administrative review provided by the board and may be either a formal hearing before the full board including witness testimony or a simplified review by a single presiding officer without witness testimony.

(2) "Administrative review" means an objective review of an initial enforcement or licensing decision made by board staff, to which any person adversely affected by such a decision is entitled by law.

(3) "Board administrative staff" or "board staff" means staff who perform the day-to-day operations and administration for the board and who may make preliminary decisions on licensing and enforcement matters.

(4) "Case manager" means a board member who provides expertise and works with board staff on a specific licensing or enforcement matter and who will not participate in a judicial capacity on that matter.

(5) "Presiding officer" means a member of the board who may preside over a full board hearing, conduct prehearing conferences, or perform a brief adjudicative proceeding.

(6) "Respondent" means the person who has been named in a complaint and may request an administrative review of a board staff decision as described herein.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-012, filed 11/2/21, effective 12/3/21.

Wash. Admin. Code § 196-09-015 Complaint processing approach.

The board processes complaints as follows:

(1) Anyone may submit a complaint against a licensed or unlicensed person alleging unprofessional conduct, unlicensed practice, or any other violations of chapter 18.43, 18.235, or 18.210 RCW. Complaints must be sworn to in writing and should include documentation of the alleged conduct.

(2) Upon receipt of the complaint, board staff will send an acknowledgment of the complaint to the complainant. If the subject of the complaint ("respondent") is a licensee, the board will notify the licensee respondent that a complaint was filed against them and include a copy of the complaint documents.

(3) Board staff will conduct an initial review of the complaint to determine whether the complaint raises a potential violation that would fall within the jurisdiction of the board's regulatory powers. If the complaint does not raise a potential violation of law within the board's jurisdiction, the complaint is administratively closed after recommendation to the board, and the parties are notified of the closure.

(4) If there is a potential violation, a case is opened, a case file is created, and an investigator and case manager are assigned. The respondent is notified, and a response to the allegations in the complaint is requested.

(5) The investigator will conduct a formal investigation which may include requests for documentation and interviews of the complainant, respondent, and other associated parties. All records gathered during the investigation will be placed in the case file.

(6) When the investigation is complete, the case manager will review and evaluate the case file with the investigator, and may ask additional questions of any party, or call for further investigation. When the case manager completes their review, they will draft a written report, which will include facts, possible violations and recommendation on the disposition of the case which may be case closure, case closure with remedial counseling, or issuance of charges.

(7) The board may resolve a complaint or investigation at any time during this process.

(8) If a complainant requests reopening of a closed complaint or investigation, the board may only do so upon receipt of additional evidence or information in support of the original complaint that is relevant to the allegations. Submission of additional documentation does not guarantee the complaint or investigation will be reopened.

History

• Statutory Authority: RCW 18.43.035. WSR 23-22-036, § 196-09-015, filed 10/23/23, effective 11/23/23
• WSR 21-22-092, § 196-09-015, filed 11/2/21, effective 12/3/21.

Wash. Admin. Code § 196-09-018 Right to administrative review.

When the board makes an enforcement or licensing decision that negatively affects a licensee, applicant, or unlicensed practitioner under chapters 18.43 and 18.210 RCW, that person is entitled to request administrative review of the decision pursuant to the Administrative Procedure Act, chapters 34.05 RCW and 10-08 WAC.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-018, filed 11/2/21, effective 12/3/21.

Wash. Admin. Code § 196-09-020 Adjudicative proceedings.

The Administrative Procedure Act, chapters 34.05 RCW and 10-08 WAC apply to all adjudicative proceedings under the jurisdiction of the board.

Administrative review is performed by one of the following types of adjudicative proceedings:

(1) A formal adjudicative hearing before the entire board with the presentation of witness testimony and/or documentary evidence; or

(2) A brief adjudicative proceeding (BAP) before a single presiding officer, which may be used for the review of simple matters where no witness testimony is needed.

(3) An emergency adjudicative proceeding under RCW 34.05.479, which may be used when there is an immediate danger to the public health, safety, or welfare requiring immediate board action.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-020, filed 11/2/21, effective 12/3/21
• WSR 98-12-045, § 196-09-020, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-09-050 Brief adjudicative proceedings.

(1) The board may conduct brief adjudicative proceedings as provided in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act.

(2) Brief adjudicative proceedings may be offered when a respondent challenges the following categories of board decisions:

(a) A denial of application for licensure, including renewal, reinstatement, or denial of eligibility to take examinations;

(b) A finding that a licensee has failed to meet continuing professional development requirements;

(c) A finding that a licensee has violated the terms of a final order or agreed order issued by the board or the board's designee;

(d) A finding that a person has engaged in false, deceptive, or misleading advertising, or engaged in unlicensed practice;

(e) A finding that a professional land surveyor has violated the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC;

(f) A finding that a licensee has violated the provisions of chapter 196-23 WAC, Stamping and seals, chapter 196-27A WAC, Rules of professional conduct, or chapter 196-33 WAC, Rules of professional practice for licensees designing on-site wastewater treatment systems.

(3) A brief adjudicative proceeding may be offered only where the violations alleged are simple and can be proven solely with documentary evidence and where no oral testimony or opinion is needed for the presiding officer to make a fully informed decision on the matter.

History

• Statutory Authority: RCW 18.43.035. WSR 26-01-079, s 196-09-050, filed 12/15/25, effective 1/15/26
• WSR 21-22-092, § 196-09-050, filed 11/2/21, effective 12/3/21. Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 196-09-050, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.43.035 and chapter 18.235 RCW. WSR 06-11-121, § 196-09-050, filed 5/19/06, effective 6/19/06. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-050, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-055 Records required for brief adjudicative proceeding.

The records for the brief adjudicative proceeding may include, but are not limited to:

(1) License related denials and violations of law:

(a) All correspondence, including emails, between the applicant or respondent, complainant, and the board staff regarding an initial determination such as complaints, requests for information, responses, applications, renewal notice(s), denials, or appeals;

(b) All documents or data relating to violations or license denials including records from educational institutions, company employment records, attestations by licensees, plans, maps, drawings, recorded documents, contracts, advertisements, letterhead, business cards, invoices, and records from financial institutions;

(c) All documents relied upon by board staff and case manager or board member in reaching the initial determination;

(d) Any other documentary evidence that may be of assistance to the presiding officer in deciding the case.

(2) Determination of compliance with previously issued board order:

(a) The previously issued final order, default, or agreed order;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the board regarding compliance with the final order, default, or agreed order; and

(d) All documents relied upon by the board staff and case manager showing that the license holder has failed to comply with the previously issued final order, default, or agreed order.

History

• Statutory Authority: RCW 18.43.035. WSR 26-01-079, s 196-09-055, filed 12/15/25, effective 1/15/26
• WSR 21-22-092, § 196-09-055, filed 11/2/21, effective 12/3/21. Statutory Authority: RCW 46.01.110 and 2018 c 199. WSR 18-21-028, § 196-09-055, filed 10/5/18, effective 11/5/18. Statutory Authority: RCW 18.43.035 and chapter 18.235 RCW. WSR 06-11-121, § 196-09-055, filed 5/19/06, effective 6/19/06. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-055, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-060 Procedures for brief adjudicative proceedings.

A brief adjudicative proceeding is conducted by a presiding officer as designated by the board chair. The presiding officer shall have knowledge and experience in the administrative processes of the board and the requirements of the provisions for a brief adjudicative proceeding as provided in chapter 34.05 RCW and WAC 196-09-050 through 196-09-060, but shall not have participated in the determination or action under review. Except as may be otherwise required by the presiding officer, the following procedures shall apply:

(1) Both parties shall provide any written statements, explanations, documents, emails, and other information they feel might be relevant as instructed by the presiding officer.

(2) In unique circumstances, during the administrative review, the presiding officer may ask questions and take testimony of the respondent and the board staff, as necessary to supplement the record.

(3) No other witnesses may appear to testify. If the presiding officer determines that witnesses are needed to make a decision, the proceeding will be converted into a formal hearing.

(4) The presiding officer may convert the brief adjudicative proceeding into a formal hearing if they determine, for any reason, that a formal hearing is needed.

(5) At the time any unfavorable action is taken, the presiding officer may serve upon each party a preliminary brief statement of the reasons for the decision. Within ten days of the preliminary statement, the presiding officer shall give the parties a written order containing the findings and conclusions supporting the decision and information about any internal administrative review available.

(6) The brief written statement is an initial order. If no review is taken of the initial order as authorized by RCW 34.05.488 and 34.05.491, the initial order shall be the final order.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-060, filed 11/2/21, effective 12/3/21. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-060, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-100 Investigative cost reimbursement.

The reimbursement of investigative costs may be ordered by the board if the adjudicative process has resulted in a board order. Costs subject to reimbursement are those expenses paid by the board during the investigation process, such as expert or consultant witness contracts.

In addition, the disciplinary authority may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which a person engaged in the unlicensed practice of a profession or operation of a business for which a license is required by one or more of the chapters specified in RCW 18.235.020; chapters 18.43 and 18.210 RCW.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-100, filed 11/2/21, effective 12/3/21. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-100, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-110 Cooperation with board investigation.

In the course of an investigation and request by the board under its authority in chapter 18.43 RCW, a licensee or registrant must provide access to any papers, records, or documents in their possession or accessible to them that pertain to the allegations in a complaint or investigation, and may provide a written explanation addressing such complaint/investigation or other information requested by the board. A facility related to a complaint or investigation shall be made accessible by the licensee during regular business hours.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-110, filed 11/2/21, effective 12/3/21. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-110, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-120 Meetings and officers.

All meetings of the board are held in accordance with the Open Public Meetings Act, chapter 42.30 RCW. The Washington state board of registration for professional engineers and land surveyors shall hold its annual meeting in the third week of June each year. All other meetings of the board are held at such times and places as the board may deem necessary.

At the annual meeting the board shall elect a chair and vice chair to hold office for one year commencing July 9. Any resignation from the position of chair shall be filled for the remainder of the term by the vice chair.

History

• Statutory Authority: RCW 18.43.035. WSR 10-05-016, § 196-09-120, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-09-120, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-09-130 Board member limitations—Contract selection.

(1) When a member of the board of registration for professional engineers and land surveyors (board) is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase or grant that may be made by, through, or is under the supervision of the board in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such contract, sale, lease, purchase or grant, the member must:

(a) Exclude themselves from the board discussion regarding the specific contract, sale, lease, purchase or grant;

(b) Exclude themselves from the board vote on the specific contract, sale, lease, purchase or grant; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.

(2) The prohibition against discussion set forth in sections (a) and (c) may not prohibit the member of the board from using their general expertise to educate and provide general information on the subject area to the other members.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-09-130, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-130, filed 11/2/21, effective 12/3/21
• WSR 06-22-032, § 196-09-130, filed 10/25/06, effective 11/25/06.

Wash. Admin. Code § 196-09-131 Board member limitations—Board actions.

(1) When a member of the board of registration for professional engineers and land surveyors (Board) either owns a beneficial interest in or is an officer, agent, employee or member of an entity or individual, which is subject to a board action, the member must:

(a) Recuse themselves from the board discussion regarding the specific action;

(b) Recuse themselves from the board vote on the specific action; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific action.

(2) The prohibition against discussion and voting set forth in sections (a) and (c) may not prohibit the member of the board from using their general expertise to educate and provide general information on the subject area to the other members.

(3) "Board action" may include any of the following:

(a) An investigation or adjudicative proceeding;

(b) Application or submission;

(c) Request for a ruling or other determination decision, finding, ruling, or order; or

(d) Monetary grant, payment, or award.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-09-131, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-131, filed 11/2/21, effective 12/3/21
• WSR 06-22-032, § 196-09-131, filed 10/25/06, effective 11/25/06.

Wash. Admin. Code § 196-09-135 Reporting of board member recusal.

If exclusion or recusal occurs pursuant to WAC 196-09-130 or 196-09-131, the member of the board should disclose to the public the reasons for their exclusion or recusal from any board action whenever it occurs. The board staff should record each instance of exclusion or recusal and the basis for it in the minutes of the board meetings.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-09-135, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-135, filed 11/2/21, effective 12/3/21
• WSR 06-22-032, § 196-09-135, filed 10/25/06, effective 11/25/06.

Wash. Admin. Code § 196-09-150 Public records.

All public records of the board are available for public inspection and copying pursuant to these rules and applicable state law (chapter 42.56 RCW), as follows:

(1) Inspection of records. Public records are available for inspection and copying during normal business hours of the office of the Washington state board of registration for professional engineers and land surveyors. Records may be inspected at the board's office when the requestor has been notified of the availability of the requested documents and an appointment is made with the public records officer.

(2) Records index. An index of public records, consisting of the retention schedules applicable to those records, is available to members of the public at the board's office.

(3) Organization of records. The board maintains its records in a reasonably organized manner. The board will take reasonable actions to protect records from damage and disorganization. A requestor shall not take original records from the board's office. A variety of records are also available on the board's website at https://brpels.wa.gov/. Requestors are encouraged to view the documents available on the website prior to submitting a public records request.

(4) Making a request for public records.

(a) Any person wishing to inspect or obtain copies of public records should make the request using the board's public records request form available on the board's website or in writing by letter or email addressed to the public records officer. Written request must include the following information:

(i) Date of the request.

(ii) Name of the requestor.

(iii) Address of the requestor and other contact information, including telephone number and any email addresses.

(iv) Clear identification of the public records requested to permit the public records officer or designee to identify and locate the records.

(b) The public records officer may also accept requests for public records by telephone or in person. If the public records officer or designee accepts an oral or telephone request, they will confirm receipt of the request and the details of the records requested, in writing, to the requestor.

(c) If the requests received in (a) or (b) of this subsection are not sufficiently clear to permit the public records officer to identify the specific records requested, the public records officer will request clarification from the requestor in writing.

(d) If the requestor wishes to have copies of the records made instead of simply inspecting them, they should make that preference clear in the request. Copies will be made by the board's public records officer or designee.

(e) When fulfilling public records requests, the board will perform its public records responsibilities in the most expeditious manner consistent with the board's need to fulfill its other essential functions.

(f) By law, certain records and/or specific content of any specific record or document may not be subject to public disclosure. Accordingly, a reasonable time period may occur between the date of the request and the ability of the public records officer to identify, locate, retrieve, remove content not subject to disclosure, prepare a redaction log that includes the specific exemption, a brief explanation of how the exemption applies to the records or portion of the records being withheld, and produce the records for inspection and/or copying. The requestor will be kept informed of the expected delivery timetable.

(g) If the request includes a large number of records, the production of the records for the requestor may occur in installments. The requestor will be informed, in writing, of the board's anticipated installment delivery timetable.

(h) In certain instances, the board may notify affected third parties to whom the record relates. This notice allows the affected third party to seek an injunction within 15 days from the date of the written notice. The notice further provides that release of the records to the requestor will be honored unless timely injunctive relief is obtained by the affected third party on or before the end of the 15-day period.

(i) Requests for lists of credentialed individuals by educational organizations and professional associations: In order to obtain a list of individuals under the provisions of RCW 42.56.070(8), educational organizations and professional associations must provide sufficient information to satisfy the board that the requested list of individuals is primarily for educational and professionally related uses.

Board forms are available on the board's website or upon request.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-09-150, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-150, filed 11/2/21, effective 12/3/21.

Wash. Admin. Code § 196-09-152 Records index.

(1) Purpose. This rule implements RCW 42.56.070 (5) and (6) and 34.05.220 (2) and (3).

(2) The board has implemented an indexing system for the identification and location of the following records:

(a) All records issued before July 1, 1990, for which the board has maintained an index which include final orders and board orders, indexed by type of order, date issued, profession, case number, and respondent name;

(b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) indexed by type of order, date issued, profession, case number, topic, and respondent name;

(c) Policy statements as defined in RCW 34.05.010(15), interpretive statements as defined in RCW 34.05.010(8), and declaratory orders that were entered after June 30, 1990, and indexed by title, topic, and dates issued;

(d) Minutes of board meetings shall be indexed chronologically.

(3) Indexes are available online at brpels.wa.gov and are available for public inspection and copying weekdays, excluding legal holidays or other days the agency is closed, between 8:30 a.m. and 4:30 p.m. at the board's office, 605 11th Ave SE, Suite 201, Olympia, Washington.

(4) The indexes are updated quarterly. In addition to the indexing system, the board also maintains and continually updates its website at brpels.wa.gov, which includes board laws and rules; board forms; board meeting agendas and materials; and other agency documents.

History

• Statutory Authority: RCW 18.43.035 and 42.56.070. WSR 25-05-094, s 196-09-152, filed 2/19/25, effective 3/22/25.

Wash. Admin. Code § 196-09-160 Change of address—Board notification.

All licensees in this state must notify the board in writing within thirty days of any change of mailing address or email address. Corporations and LLCs licensed in this state must notify the board of any opening, closing, or relocation of the main office or a branch office in this state.

History

• Statutory Authority: RCW 18.43.035. WSR 21-22-092, § 196-09-160, filed 11/2/21, effective 12/3/21.

Chapter 196-12 Registered professional engineers.

Wash. Admin. Code § 196-12-005 Declaration and purpose.

This chapter contains rules and procedures for applications, examinations, experience, education, and eligibility to become licensed as professional engineers.

History

• Statutory Authority: RCW 18.43.035. WSR 22-17-121, § 196-12-005, filed 8/23/22, effective 9/23/22. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-12-005, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-12-010 Licensure requirements for all applicants—Initial licensure and licensed in another jurisdiction.

WAC 196-12-010

To become licensed as a professional engineer in the state of Washington, whether you are applying for an initial license or possess a license in another jurisdiction, you must meet the requirements for experience and examinations described below, which need not be completed within the state of Washington:

(1) Experience: Have eight years of experience in engineering work of a character satisfactory to the board which may be a combination of education and practical work experience.

(2) Examination requirements: An applicant must have received passing scores on two stages of examination(s). One must test the fundamentals of engineering and the other must test the principles and practice of engineering. Exam results must be independently verified by a NCEES member board, or a board approved foreign jurisdiction.

(a) Fundamentals of engineering (FE) examination must be either:

(i) The National Council of Examiners for Engineering and Surveying (NCEES) fundamentals-of-engineering (FE) examination; or

(ii) An equivalent examination as determined by the board which tests the applicant's knowledge of appropriate fundamentals of engineering subjects including mathematics and the basic sciences and was administered by a board approved foreign jurisdiction.

(iii) Fundamentals of engineering (FE) examination waiver.

(A) Existing licensure: An FE waiver shall be granted to an applicant licensed in another board-recognized jurisdiction provided that:

(I) The professional engineering license is currently active and is in good standing.

(II) The license is in a branch of engineering currently recognized by the board.

(III) The applicant has been actively licensed in a board recognized licensing jurisdiction for a minimum of 10 years since receiving their initial professional engineering license.

(B) Initial licensure: An FE waiver shall be granted to an applicant applying for initial license provided that the applicant has a minimum of 18 years of board-approved engineering experience.

(b) Principles and practice of engineering examination: The principles and practice of engineering (PE) examination must be an examination administered by NCEES.

(3) Additional licensure requirements: An applicant must meet the following additional requirements for licensure:

(a) Receive a passing score on the Washington engineer law review exam;

(b) Fully complete the application form to the satisfaction of the board; and

(c) Pay all applicable fees.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-010, filed 6/29/26, effective 8/1/26
• WSR 23-22-037, § 196-12-010, filed 10/23/23, effective 11/23/23
• WSR 22-17-121, § 196-12-010, filed 8/23/22, effective 9/23/22
• WSR 18-10-085, § 196-12-010, filed 5/1/18, effective 6/1/18
• WSR 15-08-064, § 196-12-010, filed 3/27/15, effective 4/30/15
• WSR 14-07-106, § 196-12-010, filed 3/19/14, effective 4/19/14
• WSR 08-11-100, § 196-12-010, filed 5/20/08, effective 7/1/08. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-12-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 98-12-052, § 196-12-010, filed 5/29/98, effective 7/1/98
• WSR 88-12-044 (Order PM 738), § 196-12-010, filed 5/27/88
• WSR 87-13-005 (Order PM 606), § 196-12-010, filed 6/4/87
• WSR 84-04-027 (Order PL 454), § 196-12-010, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-12-010, filed 12/18/81
• Order PL 224, § 196-12-010, filed 11/5/75
• Order PL-129, § 196-12-010, filed 7/27/72
• Order 11, § 196-12-010, filed 9/12/68
• Rule IIA, filed 11/15/65
• Rule IIA, filed 8/4/64
• Rule IA, filed 12/26/62.

Wash. Admin. Code § 196-12-014 PE licensure application form.

WAC 196-12-014

The board has a single application form for PE licensure in the state of Washington.

All applicants must provide information on the application form and provide supporting documentation that demonstrates they meet all requirements for licensure as detailed in this chapter and RCW 18.43.040.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-014, filed 6/29/26, effective 8/1/26
• WSR 23-22-037, § 196-12-014, filed 10/23/23, effective 11/23/23
• WSR 22-17-121, § 196-12-014, filed 8/23/22, effective 9/23/22.

Wash. Admin. Code § 196-12-020 Practical work experience.

WAC 196-12-020

The following criteria will be used in evaluating an applicant's practical work experience:

(1) General requirements:

(a) Work experience must be verified by an engineer(s) licensed in a board-approved jurisdiction, or as approved by the board subject to subsection (6) of this section.

(b) The verifier must have directly supervised the applicant's technical work and have personal knowledge of the applicant's engineering experience.

(c) Practical work must be based on a demonstration of competency and progressive responsibility in the analysis, synthesis and evaluation of engineering concepts and data in the following experience areas:

(i) Formulating conclusions and recommendations;

(ii) Identifying design and/or project objectives;

(iii) Identifying possible alternative methods and concepts;

(iv) Defining performance specifications and functional requirements;

(v) Solving engineering problems;

(vi) Interacting with allied professionals;

(vii) Effectively communicating recommendations and conclusions;

(viii) Demonstrating an understanding and concern for energy/environmental considerations, socioeconomic impact, and sustainability of resources.

(2) Engineering teaching at the college level may be considered satisfactory experience up to a maximum of two years at the discretion of the board.

(3) Applied research is considered satisfactory experience when it meets the following conditions:

(a) The research must be conducted under the guidance or supervision of a professional engineer. For the purposes of this subsection, guidance or supervision means being cognizant of all applicable aspects of the work and a reviewer of all applicable reporting documentation.

(b) The principal result(s) of the research are in a published report or a recognized engineering journal article in which the applicant is the primary author or the work is adequately documented and available to the board upon request.

(4) Practical experience during education: Experience credit for an undergraduate degree cannot be earned concurrently with work experience credit.

(5) At the discretion of the board, practical work experience gained while enrolled in a postgraduate engineering program may be considered satisfactory experience if it otherwise meets the requirements for practical work experience listed herein. No more than one year of experience will be granted for one calendar year.

(6) Military training or experience. An applicant with military training, or experience which includes engineering work, satisfies the 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.

(7) Exceptions. An applicant who submits verification of engineering work obtained while employed in a manufacturing or industrial setting, the federal government, or serving as an active member of the military may be granted an exception to the requirement to work under the direct supervision of a professional engineer. Any exceptions to the license requirement will be at the discretion of the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-020, filed 6/29/26, effective 8/1/26
• WSR 23-22-037, § 196-12-020, filed 10/23/23, effective 11/23/23
• WSR 22-17-121, § 196-12-020, filed 8/23/22, effective 9/23/22
• WSR 08-11-100, § 196-12-020, filed 5/20/08, effective 7/1/08. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-12-020, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 02-01-071, § 196-12-020, filed 12/14/01, effective 1/30/02
• WSR 98-12-052, § 196-12-020, filed 5/29/98, effective 7/1/98
• WSR 92-01-101, § 196-12-020, filed 12/17/91, effective 1/17/92
• WSR 87-13-005 (Order PM 606), § 196-12-020, filed 6/4/87
• WSR 84-04-027 (Order PL 454), § 196-12-020, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-12-020, filed 12/18/81
• Order PL-115, § 196-12-020, filed 11/24/71
• Rule IIB, filed 11/15/65
• Rule IIB, filed 5/26/65
• Rule IIB, filed 8/4/64
• Rule IB, filed 12/26/62.

Wash. Admin. Code § 196-12-021 Education as experience.

WAC 196-12-021

Education may be counted towards the eight years of experience requirement. All transcripts from any school in any location must be official and uploaded to the applicant's NCEES profile for verification by NCEES.

(1) A baccalaureate degree in engineering in a program accredited by the engineering accreditation commission (EAC) of the accreditation board for engineering and technology (ABET) is equivalent to four years of the eight years of required work experience. Satisfactory completion of each year of such an approved program is equivalent to one year of experience.

(2) A baccalaureate degree in an engineering technology program accredited by the engineering technology accreditation commission (ETAC) of ABET, is equivalent to three years of required work experience. Satisfactory completion of each year of such an approved program is equivalent to three-fourths of one year of experience.

(3) A degree in engineering or engineering technology from a non-ABET accredited engineering program may be equivalent to the years of experience noted in subsections (1) and (2) of this section at the discretion of the board. The board will determine if the degree is satisfactory in awarding years of experience.

(4) Experience may be granted for postgraduate engineering courses at the discretion of the board.

(5) A baccalaureate degree in a nonengineering program may be equivalent to a maximum of two years of experience.

(6) An associate degree in engineering from an approved program may be equivalent for up to two years of experience.

(7) Sporadic engineering related education may be considered as experience by the board at its discretion. For example, one or two engineering classes taken at a time, often at different schools; and/or classes taken through industry or the military may count as experience. In evaluating this type of education, the board will compare the courses taken to college coursework in a baccalaureate of engineering degree program.

(8) A number of foreign degree programs are included in mutual recognition agreements entered into by ABET with other accrediting authorities. Applicants with a degree from one of these programs will be evaluated by the board.

(9) Applicants having foreign non-ABET accredited engineering degrees will be required to have their transcripts evaluated by a foreign degree evaluation service approved by the board. This evaluation service will be performed at the applicant's expense, and the applicant will be responsible for submitting all necessary information to the evaluation service. The board will use the evaluation to determine if the foreign degree is satisfactory to the board to award years of experience.

(10) Exception: An applicant with a foreign non-ABET accredited undergraduate is not required to have their undergraduate degree evaluated if they have a postgraduate degree in engineering from a school that has an ABET accredited undergraduate engineering degree program in the same discipline as the postgraduate degree. Years of experience will be determined at the discretion of the board.

For maximum experience credit the applicant must have their non-ABET accredited undergraduate degree from a foreign program evaluated by a transcript evaluation service approved by the board.

(11) Any other education may be taken into account and evaluated on its merits by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-021, filed 6/29/26, effective 8/1/26
• WSR 23-22-037, § 196-12-021, filed 10/23/23, effective 11/23/23
• WSR 22-17-121, § 196-12-021, filed 8/23/22, effective 9/23/22
• WSR 14-07-106, § 196-12-021, filed 3/19/14, effective 4/19/14
• WSR 08-11-100, § 196-12-021, filed 5/20/08, effective 7/1/08.

Wash. Admin. Code § 196-12-030 Additional branches of engineering.

WAC 196-12-030

A professional engineer licensed in the state of Washington that is seeking to become licensed in an additional branch of engineering must:

(1) Have at least four years of practical work experience in the additional branch of engineering verified by a licensed professional engineer in that branch, or as otherwise approved by the board pursuant to WAC 196-12-020. These four years are in addition to the eight years of experience required to be registered as a professional engineer.

(2) Pass the principles and practice examination for that additional branch.

(3) Submit the application form and pay the application fee.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-030, filed 6/29/26, effective 8/1/26
• WSR 22-17-121, § 196-12-030, filed 8/23/22, effective 9/23/22
• WSR 14-07-106, § 196-12-030, filed 3/19/14, effective 4/19/14
• WSR 08-11-100, § 196-12-030, filed 5/20/08, effective 7/1/08. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-12-030, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 02-01-071, § 196-12-030, filed 12/14/01, effective 1/30/02
• WSR 01-09-016, § 196-12-030, filed 4/6/01, effective 5/7/01
• WSR 98-12-052, § 196-12-030, filed 5/29/98, effective 7/1/98
• WSR 93-01-081, § 196-12-030, filed 12/15/92, effective 1/15/93
• WSR 84-04-027 (Order PL 454), § 196-12-030, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-12-030, filed 12/18/81
• Order PL-129, § 196-12-030, filed 7/27/72
• Order PL-115, § 196-12-030, filed 11/24/71
• Order 11, § 196-12-030, filed 9/12/68
• Rule IIC, filed 11/15/65, 8/4/64
• Rule IC, filed 12/26/62.

Wash. Admin. Code § 196-12-047 Structural licensing requirements.

WAC 196-12-047

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 currently 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(10);

(b) Be progressive in difficulty and magnitude;

(c) Demonstrate breadth and depth of seismic design and detailing experience for projects in seismic regions similar to those located in Washington state;

(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 for projects in seismic regions similar to those located in Washington state, and the verifier must have directly supervised the applicant's technical work and have personal knowledge of the applicant's structural engineering; and

(3) Pass a board approved structural exam.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-047, filed 6/29/26, effective 8/1/26
• WSR 22-17-121, § 196-12-047, filed 8/23/22, effective 9/23/22
• WSR 18-10-085, § 196-12-047, filed 5/1/18, effective 6/1/18.

Wash. Admin. Code § 196-12-065 Retired status.

WAC 196-12-065

A professional engineer having reached the age of 65 and having discontinued active practice as a professional engineer may be eligible for retired status.

(1) Request for retired status. Upon approval of a request, the retired status becomes effective on the date provided by the licensee on the application or when the licensee reaches the age of 65. The board will not provide a refund of renewal fees if the application for retired status is made and granted before the date of expiration of the certificate of registration.

(2) A licensee on retired status may:

(a) Retain the board issued wall certificate of registration;

(b) Use the title "retired professional engineer" or "PE-retired" or "SE-retired" as appropriate;

(c) Work as an engineer in a volunteer capacity, provided that the retired licensee does not create an engineering document or use their seal;

(d) Provide experience verifications and references for persons seeking registration;

(e) Serve as an instructor for engineering related courses;

(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to engineering work performed by the licensee;

(g) Serve in a function that supports the principles of registration and/or promotes the profession of engineering, such as members of commissions, boards or committees;

(h) Serve in an engineering capacity as a "good samaritan." The state laws governing such activity are RCW 38.52.195 and 38.52.1951 and chapter 18.43 RCW.

(3) A licensee on retired status must not:

(a) Perform any engineering activity, as provided for in RCW 18.43.020(6), unless the activity is under the direct supervision of a licensed professional engineer with an active registration in Washington;

(b) Act as the designated engineer for a corporation or limited liability company;

(c) Apply their professional engineers seal to any plan, specification, or report.

(4) Certificate of registration reinstatement. A retired licensee may resume active engineering practice with payment of the current renewal fee.

(5) Exemptions. A licensee is not eligible for retired status if their license to practice is under board ordered sanction. This exemption exists until the sanctions have been lifted or satisfied by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-074, s 196-12-065, filed 6/29/26, effective 8/1/26
• WSR 22-17-121, § 196-12-065, filed 8/23/22, effective 9/23/22
• WSR 08-11-100, § 196-12-065, filed 5/20/08, effective 7/1/08. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-12-065, filed 1/21/04, effective 2/21/04.

Chapter 196-16 Registered professional land surveyors.

Wash. Admin. Code § 196-16-006 Declaration and purpose.

WAC 196-16-006

This chapter contains rules and procedures for applications, eligibility, and examinations to become licensed as a professional land surveyor.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-006, filed 6/29/26, effective 8/1/26. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-16-006, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-16-007 PLS licensure application forms for all applicants.

WAC 196-16-007

To become licensed as a professional land surveyor in the state of Washington, whether you are applying for an initial license or possess a license in another jurisdiction, you must meet the requirements for experience and examinations described in this chapter.

(1) The board has a single application form that must be used by all applicants seeking PLS licensure in the state of Washington. Applications and applicable fees must be received by the date posted on the board's website.

(2) All applicants must provide information on the application form and provide supporting documentation that demonstrates they meet all requirements for licensure as detailed in this chapter and RCW 18.43.040.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-007, filed 6/29/26, effective 8/1/26. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-16-007, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 96-11-086, § 196-16-007, filed 5/14/96, effective 7/1/96
• WSR 89-05-021 (Order PM 820), § 196-16-007, filed 2/10/89
• WSR 88-12-044 (Order PM 738), § 196-16-007, filed 5/27/88
• WSR 87-13-005 (Order PM 606), § 196-16-007, filed 6/4/87
• WSR 84-04-027 (Order PL 454), § 196-16-007, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-16-007, filed 12/18/81
• Order PL 224, § 196-16-007, filed 11/5/75
• Order PL-129, § 196-16-007, filed 7/27/72
• Order PL-115, § 196-16-007, filed 11/24/71
• Rule IIIA, filed 11/15/65
• Rule IIIA, filed 8/4/64.

Wash. Admin. Code § 196-16-010 Experience.

WAC 196-16-010

The law requires eight years of experience in land surveying work of a character satisfactory to the board. The eight years may be a combination of education and practical work experience. The following criteria will be used in evaluating an applicant's experience.

(1) Work experience. Work experience will be based on a demonstration of broad based, progressive field, and office experience in surveying work under the direct supervision of a licensed professional land surveyor.

(a) Under the direct supervision of a professional land surveyor, the applicant must be in a position of making independent judgments and decisions in the following experience areas:

(i) Applying state, federal, and case law;

(ii) Exercising sound judgment when making independent decisions regarding complex boundary, topographic, horizontal and vertical, and mapping issues;

(iii) Field identification and evaluation of boundary evidence, including monumentation, and the ability to use that evidence for boundary determination;

(iv) Conducting research;

(v) Preparing and analyzing complex property descriptions; and

(vi) Interacting with clients and the public in conformance with chapter 196-27A WAC.

(b) Land surveying teaching at the college level may be considered satisfactory experience up to a maximum of two years at the discretion of the board.

(2) Education as experience. Education may be counted towards a portion of the eight years of required experience. All transcripts must be official and uploaded to the applicant's NCEES profile for verification by NCEES. Education may be approved as experience based on the following:

(a) A baccalaureate degree in land surveying in a program accredited by the accreditation board for engineering and technology (ABET) is equivalent to four years of required experience. Satisfactory completion of each year of such an approved program is equivalent to one year of experience.

(b) An associate degree in land surveying from an approved program may be equivalent to two years of experience.

(c) Experience may be granted for postgraduate land surveying courses, at the discretion of the board.

(d) Any other education will be taken into account and evaluated on its merits by the board.

(e) At the discretion of the board, work experience gained while enrolled in an undergraduate or postgraduate land surveying program may be considered satisfactory experience if it otherwise meets the requirements for work experience listed herein. No more than one year of experience will be granted for one calendar year.

(3) A registered professional engineer who applies to become registered as a professional land surveyor must meet the requirements stated within this section.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-010, filed 6/29/26, effective 8/1/26. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-16-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 96-11-086, § 196-16-010, filed 5/14/96, effective 7/1/96
• WSR 87-13-005 (Order PM 606), § 196-16-010, filed 6/4/87
• WSR 84-04-027 (Order PL 454), § 196-16-010, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-16-010, filed 12/18/81
• Order PL-115, § 196-16-010, filed 11/24/71
• Rule IIIB, filed 11/15/65
• Rule IIIB, filed 8/4/64
• Rule IIA, filed 12/26/62.

Wash. Admin. Code § 196-16-020 Examinations.

WAC 196-16-020

To become licensed as a professional land surveyor, the applicant must pass the following examinations:

(1) The national council of examiners for engineering and surveying (NCEES) fundamentals-of-land surveying (FS) examination.

(2) The principles and practice of land surveying examination.

(3) The Washington state land surveying examination. The Washington state land surveying examination is administered by the board and covers land surveying issues important in Washington state.

(4) The Washington land surveyor law review examination.

If an applicant fails the Washington state land surveying examination or does not appear, they must submit the reexam application and applicable fee by the date posted on the board's website.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-020, filed 6/29/26, effective 8/1/26. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-16-020, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 96-11-086, § 196-16-020, filed 5/14/96, effective 7/1/96
• WSR 93-01-081, § 196-16-020, filed 12/15/92, effective 1/15/93
• WSR 89-05-021 (Order PM 820), § 196-16-020, filed 2/10/89
• WSR 84-04-027 (Order PL 454), § 196-16-020, filed 1/25/84
• WSR 82-01-064 (Order 81-10), § 196-16-020, filed 12/18/81
• Order PL-121, § 196-16-020, filed 5/3/72
• Order PL-115, § 196-16-020, filed 11/24/71
• Rule IIIC, filed 11/15/65
• Rule IIIC, filed 8/4/64
• Rules IIB and IID (part), filed 12/26/62.

Wash. Admin. Code § 196-16-035 Retired status.

WAC 196-16-035

A professional land surveyor, having reached at least the age of 65 and having discontinued active practice as a land surveyor, may be eligible for retired status.

(1) Request for retired status. Upon approval of a request, the retired status becomes effective on the date provided by the licensee on the application, or when the licensee reaches the age of 65. The board will not provide refund of renewal fees if the application for "retired" status is made and granted before the date of expiration of the certificate of registration.

(2) A licensee on retired status may:

(a) Retain the board issued wall certificate of registration;

(b) Use the title professional land surveyor (PLS), provided that it is supplemented by the term retired, or the abbreviation "ret";

(c) Work as a land surveyor in a volunteer capacity, provided that the retired registrant does not create a land surveying document, and does not use their seal, except as provided for in (d) of this subsection;

(d) Provide experience verifications and references for persons seeking registration;

(e) Serve in an instructional capacity on land surveying topics;

(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to land surveying work performed by the licensee;

(g) Serve in a function that supports the principles of registration and/or promotes the profession of land surveying, such as members of commissions, boards or committees;

(h) A professional land surveyor in retired status is not required to complete continuing professional development as provided in WAC 196-16-110. However, if a retired status land surveyor wishes to return to active status, the licensee will need to complete an additional 15 PDH during their first year of reactivated practice.

(3) A licensee on retired status must not:

(a) Perform any land surveying activity, as provided for in RCW 18.43.020, unless said activity is under the direct supervision of a licensed professional land surveyor with an active registration in Washington;

(b) Act as the designated land surveyor or land surveyor in responsible charge for a Washington land surveying corporation or Washington land surveying limited liability company;

(c) Apply their professional land surveyors seal, as provided for in RCW 18.43.070, to any plan, specification, plat or report, except as provided for in subsection (2)(d) of this section.

(4) Certificate of registration reinstatement. A retired licensee may resume active land surveying practice with payment of the current renewal fee.

(5) Exemptions. A licensee is not eligible for a retired registration if their license to practice is under board ordered sanction. This exemption exists until the sanctions have been lifted or satisfied by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-035, filed 6/29/26, effective 8/1/26
• WSR 06-11-120, § 196-16-035, filed 5/19/06, effective 7/1/06. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-16-035, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-16-045 Inactive status.

WAC 196-16-045

(1) A professional land surveyor holding a license in good standing may apply to change their license to inactive status. Upon approval by the board, the inactive status becomes effective on the date provided by the licensee on the application.

(2) A licensee whose license is inactive may not:

(a) Perform any land surveying activity, as provided for in RCW 18.43.020, unless the activity is under the direct supervision of a licensed professional land surveyor with an active registration in Washington;

(b) Act as the designated land surveyor for a corporation or limited liability company;

(c) Apply their professional land surveyor's seal to any documents.

(3) A professional land surveyor with an inactive license is not required to complete continuing professional development as provided in WAC 196-16-110.

(4) To return to active status, the licensee must:

(a) Submit an application for renewal of license;

(b) Pay the full renewal fee for the renewal cycle from the license activation date to the licensee's second birth date (renewal date);

(c) Complete an additional 15 PDH during the first year of reactivated practice, totaling a minimum of 45 PDH during the reactivated two-year renewal cycle.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-045, filed 6/29/26, effective 8/1/26.

Wash. Admin. Code § 196-16-100 Purpose.

WAC 196-16-100

The purpose of requiring continuing professional development training hours (PDH) is to encourage professionals licensed in the state of Washington to maintain competency in their practice. To maintain a Washington license, all licensees must meet the requirements of this chapter as a condition of continued licensure.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-100, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-100, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-105 Continuing professional development definitions.

WAC 196-16-105

Terms used in this section are defined as follows:

(1) Professional development hour (PDH) - The time engaged in a qualifying activity.

(2) College/unit semester/unit quarter - Completion of courses in college level curriculums satisfactory to the board.

(3) Qualifying activity - Any activity that is related to professional land surveying or will help the licensee maintain competency in their practice as a professional land surveyor.

(4) Year - That 12-month period between the anniversaries of the licensee's birth date.

(5) Renewal cycle - Typically the period of two years beginning on the licensee's birth date, except upon initial licensure when it begins on the initial license date and runs until the licensee's second birth date following licensure.

(6) Renewal date - The licensee's birth date when the renewal period ends and the license expires if not renewed.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-105, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-105, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-110 Continuing professional development requirements.

WAC 196-16-110

(1) To be eligible for renewal, all licensed professional land surveyors must have completed 30 continuing professional development hours (PDH) during the prior two-year renewal cycle. All renewals for licensure as a professional land surveyor are subject to audit by the board.

(2) If the licensee's initial renewal period is less than two years, the licensee must have completed 15 PDH for that first renewal cycle.

(3) If a licensee exceeds the PDH requirements in any renewal cycle, a maximum of 5 PDH units may be carried forward and accumulated into the subsequent renewal cycle.

(4) Failure to complete the required PDH requirements during a prior renewal cycle may result in license denial or license suspension, pending completion of those PDH requirements.

(5) All licensed professional land surveyors must attest to reading chapters 58.09 RCW (Survey Recording Act) and 332-130 WAC (Minimum standards for land boundary surveys and geodetic control surveys and guidelines for the preparation of land descriptions) at the time of renewal.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-110, filed 6/29/26, effective 8/1/26
• WSR 18-22-075, § 196-16-110, filed 11/2/18, effective 12/3/18
• WSR 06-11-119, § 196-16-110, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-115 Qualifying activities.

The board believes that individuals licensed as professional land surveyors should have the discretion to make independent choices on what activities help them to be improved practitioners. While the board will not provide advance approvals for selected activities or vendors they do expect licensees to seek out qualifying activities that can be demonstrated to the satisfaction of the board that they are relevant to the licensee's continuing professional development.

History

• Statutory Authority: RCW 18.43.035. WSR 06-11-119, § 196-16-115, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-120 Units.

WAC 196-16-120

Qualifying activities will accrue PDH as follows:

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-120, filed 6/29/26, effective 8/1/26
• WSR 24-21-160, s 196-16-120, filed 10/23/24, effective 11/23/24
• WSR 18-22-075, § 196-16-120, filed 11/2/18, effective 12/3/18
• WSR 06-11-119, § 196-16-120, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-125 Activities that do not qualify for PDH credits.

WAC 196-16-125

The following are not considered qualifying activities:

(1) Taking courses, specialized instruction, or meeting performance criteria that were conditions of a board order.

(2) Attendance or testimony at legislative hearings.

(3) Attendance or testimony at city or county council meetings/hearings.

(4) Attendance or testimony at civil or criminal trials.

(5) Time spent fund raising for scholarships or lobbying for legislation.

(6) Attendance at gatherings that are primarily social in nature.

(7) Membership and/or attendance in service club meetings.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-125, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-125, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-130 Determination of PDH credit.

WAC 196-16-130

The board is the final authority with respect to acceptance of claimed qualifying activities and the respective PDH credit. Qualifying activity becomes eligible for credit upon completion of the given activity.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-130, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-130, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-135 PDH recordkeeping and audits.

WAC 196-16-135

The licensee is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours, and location. The licensee is required to keep their records of continuing education covering the cumulative time in the current renewal period and the full two years of the prior renewal period.

All continuing professional development records and supporting documentation may be requested by the board at any time and must be furnished to the board within 10 days of the request.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-135, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-135, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-140 Noncompliance with continuing professional development.

WAC 196-16-140

(1) A licensed land surveyor who fails to comply with the requirements of this chapter is subject to suspension of their license and may be subject to further disciplinary action by the board.

(2) If an audit disqualifies credits that were reported to the board by a licensee for the previous renewal period and results in the licensee failing to complete the PDH requirements, the board may deny a pending application to renew license or suspend an active license and require the PDH shortage to be made up prior to completing the pending renewal or lifting the suspension.

(3) A licensed land surveyor who, through the course of an audit, is found to have falsified continuing professional development documentation to the board is subject to license suspension and other disciplinary action by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-140, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-140, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-145 Exemptions.

WAC 196-16-145

Individuals who are in "retired status" as provided in WAC 196-16-035 or have been approved for "inactive status" as provided in WAC 196-16-045 are exempt from the requirements of collecting continuing professional development hours.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-145, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-145, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-16-150 Waivers.

WAC 196-16-150

The board, at its discretion, may grant a waiver to the PDH requirement upon a showing of significant hardship that has interfered with the licensee's ability to practice their profession. A request for a waiver must be made in writing and clearly state the justification and include any necessary documentation required by the board. All waivers expire on the end date of license renewal cycle (renewal date) unless the board grants an extension.

The board may grant waivers for:

(1) Emergent illness or physical impairment or other extenuating circumstances that pose a personal hardship.

(2) Individuals who have been placed on active military duty for at least 120 days.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-075, s 196-16-150, filed 6/29/26, effective 8/1/26
• WSR 06-11-119, § 196-16-150, filed 5/19/06, effective 7/1/06.

Chapter 196-20 Engineer-in-training certification.

Wash. Admin. Code § 196-20-005 Declaration and purpose.

WAC 196-20-005

This chapter contains rules and procedures for applications and eligibility to obtain an engineer-in-training certificate.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-076, s 196-20-005, filed 6/29/26, effective 8/1/26
• WSR 21-22-093, § 196-20-005, filed 11/2/21, effective 12/3/21. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-10-067, § 196-20-005, filed 5/3/04, effective 6/3/04.

Wash. Admin. Code § 196-20-007 Fundamentals of engineering certificate requirements.

WAC 196-20-007

To obtain an engineer-in-training certificate, the applicant must submit an application form and applicable fees to the board, have passed the fundamentals of engineering examination, and have a minimum of four years of practical engineering experience or four years of engineering education or a combination of both, as approved by the board.

(1) Practical work experience: Qualifying practical experience should include some or all of the following:

(a) Preparation of technical reports and specifications, including graphics;

(b) Application of mathematical techniques to problem solving;

(c) Application of the basic physical sciences (chemistry, physics, statics, and dynamics, etc.) in tasks;

(d) Performing assignments, experiments and tests to general specifications;

(e) Compilation and interpretation of data (statistical analysis, etc.);

(f) Executing engineering tasks according to instructions;

(g) Effective communication with associates and presenting recommendations and conclusions to supervisor;

(h) Knowledge of the impacts of the products of technology on society (i.e., energy/environmental considerations).

(2) Verification of practical work experience.

(a) Practical work experience must be verified by an engineer(s) licensed in a board approved jurisdiction, or as otherwise approved by the board.

(b) The verifier must have directly supervised the applicant's technical work and have personal knowledge of the applicant's engineering experience.

(c) Exception. The board may allow verification by an unlicensed engineer(s) if the applicant's practical work experience was performed while in the manufacturing or industrial sector, with the federal government, or an active member of the military.

Any exceptions to the verifier license requirement will be at the discretion of the board.

(3) Education: A baccalaureate degree in engineering from an EAC ABET accredited program meets the four-year requirement. Other education will be evaluated by the board pursuant to WAC 196-12-021. Official transcripts must be submitted to NCEES for verification before education will be considered by the board. Transcripts from non-ABET accredited schools may require degree evaluation as determined by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-076, s 196-20-007, filed 6/29/26, effective 8/1/26
• WSR 21-22-093, § 196-20-007, filed 11/2/21, effective 12/3/21.

Chapter 196-21 Land surveyor-in-training certification.

Wash. Admin. Code § 196-21-005 Declaration and purpose.

WAC 196-21-005

This chapter contains rules and procedures for applications and eligibility to obtain a land surveyor-in-training certificate.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-077, s 196-21-005, filed 6/29/26, effective 8/1/26
• WSR 24-06-020, § 196-21-005, filed 2/27/24, effective 3/29/24. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-21-005, filed 1/21/04, effective 2/21/04.

Wash. Admin. Code § 196-21-010 Eligibility and applications.

WAC 196-21-010

Eligibility for applying for a land surveyor-in-training certificate requires completion and verification of four years of experience. These four years can be achieved through board approved education; board approved practical experience or a combination of both. All applications must be completed in accordance with instructions provided by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-077, s 196-21-010, filed 6/29/26, effective 8/1/26
• WSR 24-06-020, § 196-21-010, filed 2/27/24, effective 3/29/24
• WSR 14-07-106, § 196-21-010, filed 3/19/14, effective 4/19/14. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-21-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 96-11-086, § 196-21-010, filed 5/14/96, effective 7/1/96.

Wash. Admin. Code § 196-21-020 Practical experience.

WAC 196-21-020

The following criteria will be used in evaluating an applicant's experience:

(1) Practical work experience must be verified by a land surveyor(s) licensed in a board-approved jurisdiction.

(2) The verifier must have directly supervised the applicant's technical and have personal knowledge of the applicant's land surveying experience.

(3) Practical work should include a demonstration of the knowledge of land surveying theory in some or all of the following experience areas:

(a) Performing complex survey calculations;

(b) Conducting boundary and corner research;

(c) Preparing and using property descriptions;

(d) Understanding and applying fundamental boundary and topographic principles;

(e) Making and/or analyzing horizontal and vertical control measurements; and

(f) Being skilled in survey equipment care and usage.

Practical experience gained while enrolled in a board approved curriculum will be considered as part of the educational process and not be recognized as separate experience. No more than one year of experience will be granted for one calendar year.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-077, s 196-21-020, filed 6/29/26, effective 8/1/26
• WSR 14-07-106, § 196-21-020, filed 3/19/14, effective 4/19/14. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-21-020, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 96-11-086, § 196-21-020, filed 5/14/96, effective 7/1/96.

Wash. Admin. Code § 196-21-025 Education as experience.

WAC 196-21-025

All transcripts from any school in any location must be official and uploaded to the applicant's NCEES profile for verification by NCEES.

Qualifying educational experience may be:

(1) A baccalaureate degree in land surveying from an ABET accredited program meets the four year requirement.

(2) Other education will be evaluated by the board pursuant to WAC 196-16-010(2). Transcripts from non-ABET accredited schools may require degree evaluation as determined by the board.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-077, s 196-21-025, filed 6/29/26, effective 8/1/26
• WSR 24-06-020, § 196-21-025, filed 2/27/24, effective 3/29/24
• WSR 14-07-106, § 196-21-025, filed 3/19/14, effective 4/19/14.

Wash. Admin. Code § 196-21-040 Obtaining certification as a land surveyor-in-training in Washington.

WAC 196-21-040

To obtain certification as a land surveyor-in-training in Washington you must pass the fundamentals of surveying exam and submit an application and applicable fees to the board showing you meet the requirements listed in WAC 196-21-020 and 196-21-025.

History

• Statutory Authority: RCW 18.43.035. WSR 26-14-077, s 196-21-040, filed 6/29/26, effective 8/1/26
• WSR 24-06-020, § 196-21-040, filed 2/27/24, effective 3/29/24
• WSR 14-07-106, § 196-21-040, filed 3/19/14, effective 4/19/14.

Chapter 196-23 Stamping and seals.

Wash. Admin. Code § 196-23-010 Seals.

All individuals licensed in accordance with chapter 18.43 RCW must utilize a seal/stamp that conforms to the design as authorized by the board. It is the responsibility of each licensee to maintain control over the use of their stamp/seal. The impression or image of the seal/stamp must conform to the below-illustrated design and be of a size that assures full legibility of the following required information:

(1) State of Washington;

(2) Registered professional engineer or registered professional land surveyor;

(3) Certificate number;

(4) Licensee's name as shown on wall certificate.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-23-010, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 08-10-009, § 196-23-010, filed 4/24/08, effective 7/1/08
• WSR 06-22-036, § 196-23-010, filed 10/25/06, effective 11/25/06
• WSR 99-15-058, § 196-23-010, filed 7/15/99, effective 8/15/99.

Wash. Admin. Code § 196-23-020 Seal/stamp usage.

The use of the seal/stamp must be in accordance with chapter 18.43 RCW or as otherwise described herein:

(1) Final documents are those documents that are prepared and distributed for filing with public officials, use for construction, final agency approvals or use by clients. Any final document must contain the seal/stamp, signature and date of signature of the licensee who prepared or directly supervised the work. For the purpose of this section "document" is defined as plans, specifications, plats, surveys, land descriptions as defined in WAC 332-130-020, reports, and as-built documents prepared by the licensee.

(2) Preliminary documents are those documents not considered final as defined herein, but are released or distributed by the licensee. Preliminary documents must be clearly identified as "preliminary" or contain such wording so it may be differentiated from a final document. Preliminary documents must be stamped, but need not be signed or dated by the licensee.

(3) Plan sets: Every page of a plan set must contain the seal/stamp, signature of the licensee(s) who prepared or who had direct supervision over the preparation of the work, and date of signature.

(a) Plans/plats containing work prepared by or under the direct supervision of more than one licensee should be sealed/stamped and dated by each licensee and shall clearly note the extent of each licensee's responsibility.

(b) As provided for in subsections (1) and (2) of this section, each page of a plan set must contain the seal/stamp of the licensee who prepared or who had direct supervision over the preparation of the work.

(c) Plan/plat sheets containing and/or depicting background and/or supporting information that is duplicated from other plans need only be sealed/stamped by the licensee(s) who prepared or was in direct supervision of the design. The origin of the background information shall be noted on the plan sheet.

(d) All design revisions to final plan/plat sheets shall clearly identify on each sheet the revisions made and shall contain the name and seal of the licensee and signature of the licensee with the date the sheet was sealed.

(4) Specifications: Specifications that are prepared by or under the direct supervision of a licensee shall contain the seal/stamp, signature of the licensee and the date of signature. If the specifications prepared by a licensee are a portion of a bound specification document that contains specifications other than that of an engineering or land surveying nature, the licensee need only seal/stamp that portion or portions of the documents for which the licensee is responsible. Nothing herein should be construed to require that each page of an engineering or land surveying specification be sealed/stamped by the licensee.

(5) Document review: When a licensee is required to review work prepared by another professional engineer or land surveyor, the reviewing licensee shall fully review those documents. If required, the licensee shall prepare a report that discusses the findings of the review with any supporting calculations and sketches. The reviewing licensee would then seal/stamp, sign and date the report. The report would make reference to and/or be attached to the subject document(s) reviewed.

History

• Statutory Authority: RCW 18.43.035. WSR 22-10-034, § 196-23-020, filed 4/27/22, effective 5/28/22
• WSR 08-10-009, § 196-23-020, filed 4/24/08, effective 7/1/08
• WSR 06-22-036, § 196-23-020, filed 10/25/06, effective 11/25/06
• WSR 99-15-055, § 196-23-020, filed 7/15/99, effective 8/15/99.

Wash. Admin. Code § 196-23-040 Use of the title S.E.

Only professional engineers who have completed the state of Washington's requirements for licensure in structural engineering are permitted to use the title of S.E. when representing licensing credentials, as in, James Smith, P.E., S.E. Use of the title S.E. by any individual who is not licensed in structural engineering as provided in chapter 18.43 RCW, is subject to disciplinary action by the board in accordance with chapter 18.43 RCW and/or chapter 18.235 RCW.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-23-040, filed 12/18/24, effective 1/18/25. Statutory Authority: RCW 18.43.035. WSR 06-22-035, § 196-23-040, filed 10/25/06, effective 11/25/06.

Wash. Admin. Code § 196-23-070 Signature.

The terms "signature or signed," as used in chapter 18.43 RCW and/or Title 196 WAC, means the following:

(1) 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:

(a) Original and written by hand, or a scanned image of an original, handwritten identification;

(b) Permanently affixed to the document(s) being certified;

(c) Applied to the document by the identified licensee; and

(d) Placed directly over the seal/stamp of the licensee.

(2) 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:

(a) Unique to the licensee using it;

(b) Capable of independent verification;

(c) Under the exclusive control of the licensee using it; and

(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 18-22-076, § 196-23-070, filed 11/2/18, effective 12/3/18. Statutory Authority: RCW 18.43.035. WSR 08-10-009, § 196-23-070, filed 4/24/08, effective 7/1/08
• WSR 06-22-036, § 196-23-070, filed 10/25/06, effective 11/25/06. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-23-070, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. WSR 01-09-017, § 196-23-070, filed 4/6/01, effective 5/7/01.

Chapter 196-25 Business practices.

Wash. Admin. Code § 196-25-001 Purpose.

The purpose of this chapter is to provide clarification on how businesses are authorized to provide engineering or land surveying services in Washington and to implement that part of chapter 18.43 RCW related to corporations and limited liability companies offering engineering and land surveying services, as enacted by the 1997 legislature.

History

• Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-25-001, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035 and 18.43.130. WSR 98-12-053, § 196-25-001, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-25-002 Definitions.

Board. The Washington state board of registration for professional engineers and land surveyors.

Business. A corporation, professional service corporation (PSC), limited liability company (LLC), professional limited liability company (PLLC), partnership or sole proprietorship that is practicing or offering to practice, engineering or land surveying or both in this state.

Certificate of authorization. A certificate issued by the board, pursuant to chapter 18.43 RCW, to a corporation or limited liability company (LLC), authorizing it to practice engineering or land surveying or both in this state. (Note: This is a different certificate than the certificate of authorization that may be filed with the secretary of state.)

Designee, designated engineer, designated land surveyor. A currently registered professional engineer designated by a corporation or LLC to be in responsible charge of engineering activities for the corporation or LLC in Washington, or, a currently registered professional land surveyor designated by a corporation or LLC to be in responsible charge of land surveying activities for the business in Washington.

Employee. A person in the service of another under any contract of hire, expressed or implied, oral or written, where the employer has the right to control and direct the employee in the material details of the scope, schedule, and location of employment.

Professional engineer. A person registered by the board under chapter 18.43 RCW to practice engineering in this state.

Professional land surveyor. A person registered by the board under chapter 18.43 RCW to practice land surveying in this state.

Responsible charge. To be in responsible charge means to have the authority to make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington on behalf of a corporation or LLC. RCW 18.43.130 (8)(b) and (10)(b).

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-002, filed 12/14/22, effective 1/14/23
• WSR 05-17-053, § 196-25-002, filed 8/9/05, effective 9/9/05. Statutory Authority: RCW 18.43.035 and 18.43.130. WSR 98-12-053, § 196-25-002, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-25-003 Business licenses.

Businesses must obtain a business license from the department of revenue prior to offering services to the public pursuant to chapter 82.32 RCW.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-003, filed 12/14/22, effective 1/14/23.

Wash. Admin. Code § 196-25-005 Corporation and LLC certificates of authorization.

Corporations and limited liability companies that offer engineering or land surveying services must obtain from the board a certificate of authorization to practice engineering or land surveying or both in the state of Washington.

Corporations and LLCs must be registered with the secretary of state and the department of revenue and have a unified business identifier (UBI) number prior to applying for a certificate of authorization.

Professional service corporations and professional limited liability companies, sole proprietorships, and partnerships are exempt from applying for certificates of authorization.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-005, filed 12/14/22, effective 1/14/23. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-25-005, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035 and 18.43.130. WSR 98-12-053, § 196-25-005, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-25-010 Applications for certificates of authorization.

All applications by corporations and LLCs for certificates of authorization must be completed on forms provided by the board and submitted to the offices of the board. A complete application requires the following: Payment of the appropriate fee as listed in chapter 196-26A WAC; a current business license with the secretary of state and the department of revenue; affidavit of designated professional engineer and/or land surveyor; and, a copy of resolution naming the designated engineer, or land surveyor, or both.

History

• Statutory Authority: RCW 18.43.035. WSR 25-21-109, s 196-25-010, filed 10/20/25, effective 11/20/25
• WSR 23-01-052, § 196-25-010, filed 12/14/22, effective 1/14/23. Statutory Authority: Chapters 18.43 and 18.235 RCW. WSR 04-04-001, § 196-25-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035 and 18.43.130. WSR 98-12-053, § 196-25-010, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-25-040 Corporation and limited liability company designees.

(1) Each corporation or LLC must designate a registered engineer or land surveyor respectively to be in responsible charge.

(2) If the business offers both engineering and land surveying services, there must be a designee for each profession. If a person is licensed in both engineering and land surveying, that person may be designated for both professions.

(3) An affidavit must be signed by the designee(s) stating that they know they have been designated by the corporation or LLC as being in responsible charge for the engineering and/or land surveying activities in the state of Washington.

(4) The designated engineer and/or designated land surveyor must be an employee of the corporation or LLC.

(5) No person may be the designated engineer or designated land surveyor at more than one corporation or LLC at any one time.

(6) When there is a change in the designee(s), the business must notify the board in writing no later than 30 days after the effective date of the change and submit a new affidavit.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-040, filed 12/14/22, effective 1/14/23
• WSR 05-17-053, § 196-25-040, filed 8/9/05, effective 9/9/05
• WSR 99-15-057, § 196-25-040, filed 7/15/99, effective 8/15/99. Statutory Authority: RCW 18.43.035 and 18.43.130. WSR 98-12-053, § 196-25-040, filed 5/29/98, effective 7/1/98.

Wash. Admin. Code § 196-25-045 Changes and renewals.

(1) If the business changes its name with the secretary of state, the business must notify the board within 30 days of the name change.

(2) At the time of renewal, the corporation or limited liability company must have a current license with the secretary of state and the department of revenue.

(3) The filing of the resolution shall not relieve the business of any responsibility or liability imposed upon it by law or by contract.

(4) 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.

Any corporation or LLC that is certified under chapter 18.43 RCW and this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, and 18.43.120.

History

• Statutory Authority: RCW 18.43.035. WSR 25-21-109, s 196-25-045, filed 10/20/25, effective 11/20/25
• WSR 23-01-052, § 196-25-045, filed 12/14/22, effective 1/14/23.

Wash. Admin. Code § 196-25-046 Professional service corporation.

(1) Professional service corporations lawfully organized under chapter 18.100 RCW are not required to obtain certificates of authorization under this chapter.

(2) All engineering services provided by a professional service corporation, must be provided by a duly licensed professional engineer pursuant to RCW 18.100.060.

(3) A registered engineer may own stock in and render individual professional services through only one professional service corporation at any time pursuant to RCW 18.100.050(2).

(4) The standards of professional conduct for engineers under chapter 18.43 RCW and this Title 196 WAC apply to any professional services performed by a PSC or its individual member licensees pursuant to RCW 18.100.070.

(5) A PSC that performs engineering services must comply with chapters 18.43 and 18.100 RCW.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-046, filed 12/14/22, effective 1/14/23.

Wash. Admin. Code § 196-25-047 Professional limited liability company.

(1) A group of licensed professional engineers or land surveyors legally authorized to render the same professional services within this state may form and become members of a professional limited liability company for the purposes of rendering professional engineering or land surveying pursuant to RCW 25.15.046.

(2) A professional limited liability company and its members are subject to all the provisions of chapter 18.100 RCW.

(3) No engineering or land surveying services may be performed by a PLLC unless those services are performed by a licensed engineer or land surveyor, respectively.

(4) Formation of a professional limited liability company under RCW 25.15.046 does not restrict the application of the Uniform Disciplinary Act under chapter 18.235 RCW.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-047, filed 12/14/22, effective 1/14/23.

Wash. Admin. Code § 196-25-060 Offer to practice by all businesses.

The offer to practice or provide engineering or land surveying services to the public must be made by or under the direct supervision of a licensee qualified to offer said services under the provisions of chapter 18.43 RCW.

The practice of engineering or land surveying by a partnership offering engineering or land surveying services must employ at least one licensed engineer or land surveyor that can provide professional services and/or direct supervision over said services.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-060, filed 12/14/22, effective 1/14/23
• WSR 99-15-054, § 196-25-060, filed 7/15/99, effective 8/15/99.

Wash. Admin. Code § 196-25-070 Providing direct supervision.

Direct supervision by a licensee is described as follows:

(1) Maintaining control over those decisions that are the basis for the findings, conclusions, analyses, rationale, details, and judgments required for the preparation of engineering or land surveying plans, specifications, plats, surveys, land descriptions as defined by WAC 332-130-020, reports, as-built documents prepared by the licensee, and related activities.

(2) Requires providing personal direction, oversight, inspection, observation and supervision of the work being certified.

(3) These actions may include, but are not limited to: Direct face-to-face communications; written communications; U.S. mail; electronic mail; facsimiles; telecommunications, or other current technology.

(4) Contractual or employment relations must be in place between the licensee and unlicensed preparer to qualify as direct supervision.

(5) Mentoring is not direct supervision. Reviewing documents as defined by WAC 196-23-020, after preparation without involvement in the design and development process as described above cannot be accepted as direct supervision.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-070, filed 12/14/22, effective 1/14/23
• WSR 10-05-017, § 196-25-070, filed 2/4/10, effective 3/7/10
• WSR 06-22-033, § 196-25-070, filed 10/25/06, effective 11/25/06. Formerly WAC 196-23-030.

Wash. Admin. Code § 196-25-080 Practice by businesses, organizations or public agencies.

When a business, organization or public agency offers or performs engineering or land surveying services as defined in RCW 18.43.020, the business, organization or public agency shall perform its duties and responsibilities in the same manner as an individual, in accordance with RCW 18.43.130 (8)(f) and (10)(f), chapters 18.43, 18.100, and 18.235 RCW, and other applicable statutes and rules.

History

• Statutory Authority: RCW 18.43.035. WSR 23-01-052, § 196-25-080, filed 12/14/22, effective 1/14/23
• WSR 06-22-033, § 196-25-080, filed 10/25/06, effective 11/25/06. Formerly WAC 196-23-050.

Chapter 196-26A Fees.

Wash. Admin. Code § 196-26A-010 State fee authority and payment procedures.

The board of registration for professional engineers and land surveyors (board) reviews and approves registration applications under the provisions of chapters 18.43 and 18.210 RCW. The state fees listed in this chapter are adopted by the board in accordance with RCW 18.43.050, 18.210.050 and 18.210.140.

The required state fees must accompany all registration applications. If payment is made by check or money order, the payment should be made payable to BRPELS. The fee paid to the board is nonrefundable.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-05-088, s 196-26A-010, filed 2/18/25, effective 3/21/25. Statutory Authority: RCW 18.43.080 and 43.24.086. WSR 14-03-029, § 196-26A-010, filed 1/8/14, effective 2/8/14. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-010, filed 6/17/02, effective 9/1/02.

Wash. Admin. Code § 196-26A-020 Examination vendor, procedures and costs.

The board shall determine the vendor, if any, who will administer examinations on their behalf. In addition to applicable state fees, the vendor may collect from the applicants the charges of examination development, examination administration and grading. Terms and conditions for payment of the charges to the vendor are determined by the vendor.

History

• Statutory Authority: RCW 18.43.080 and 43.24.086. WSR 14-03-029, § 196-26A-020, filed 1/8/14, effective 2/8/14. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-020, filed 6/17/02, effective 9/1/02.

Wash. Admin. Code § 196-26A-025 State application fees.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, 18.210.060, 18.43.150, and 18.210.200. WSR 24-23-075, s 196-26A-025, filed 11/18/24, effective 1/1/25. Statutory Authority: RCW 18.43.080 and 43.24.086. WSR 14-03-029, § 196-26A-025, filed 1/8/14, effective 2/8/14. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-025, filed 6/17/02, effective 9/1/02.

Wash. Admin. Code § 196-26A-040 Renewals.

(1) Licenses for professional engineers, professional land surveyors, on-site wastewater treatment system designers, or certificate of competency holders (inspectors) shall be renewed every two years. The date of expiration shall be the licensee's birthday. The initial license issued to an individual shall expire no earlier than one year after the issue date.

(2) To renew your license, complete an application for renewal, pay the required renewal fee, and provide the information requested in the renewal notice and application form. This information may include email address or other contact information. In addition, you must disclose any criminal conviction or sanction against you including suspension, revocation, or restriction of your license by a licensing authority in any state, federal, or foreign jurisdiction pursuant to RCW 18.235.110 and 18.235.130.

(3) For a professional land surveyor the renewal application requires completion of professional development requirements and an attestation by the applicant that they have read chapters 58.09 RCW and 332-130 WAC as part of the renewal process.

(4) For a licensed on-site designer, the renewal application requires completion of professional development requirements as part of the renewal process.

(5) 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. Licenses that remain expired over 90 days past the date of expiration require payment of a late fee equivalent to the fee for a one-year renewal in addition to the base renewal fee and completing a renewal application.

(6) If your professional engineer or professional land surveyor license has been expired for five or more years, you must submit a renewal application and you will be required to take and receive a passing score on the board's law review examination. In the first year of reactivated practice professional land surveyors may be required by the board to collect an additional 15 professional development hours (PDH).

(7) Any on-site designer license that remains expired for more than two years will be canceled. After cancellation, a new application must be made in accordance with chapter 18.210 RCW to obtain another license.

The licensee is responsible for timely renewal whether or not they receive a renewal notice from the department.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-05-088, s 196-26A-040, filed 2/18/25, effective 3/21/25. Statutory Authority: RCW 18.43.035. WSR 23-06-073, § 196-26A-040, filed 3/1/23, effective 4/1/23. Statutory Authority: RCW 18.43.080 and 43.24.086. WSR 14-03-029, § 196-26A-040, filed 1/8/14, effective 2/8/14. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-040, filed 6/17/02, effective 9/1/02.

Wash. Admin. Code § 196-26A-045 Renewal fees and penalties.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, 18.210.060, 18.43.150, and 18.210.200. WSR 24-23-075, s 196-26A-045, filed 11/18/24, effective 1/1/25. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-045, filed 6/17/02, effective 9/1/02.

Wash. Admin. Code § 196-26A-060 Certificate of authorization application and renewal fees.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, 18.210.060, 18.43.150, and 18.210.200. WSR 24-23-075, s 196-26A-060, filed 11/18/24, effective 1/1/25. Statutory Authority: RCW 43.24.086 and 18.43.035. WSR 02-13-080, § 196-26A-060, filed 6/17/02, effective 9/1/02.

Chapter 196-27A Rules of professional conduct and practice.

Wash. Admin. Code § 196-27A-010 Purpose and applicability.

(1) RCW 18.43.110 provides the board of registration for professional engineers and land surveyors (board) with the exclusive power to fine and reprimand registrants and suspend or revoke the certificate of registration of any registrant for violation of any provisions of chapter 18.43 or 18.235 RCW. The purpose of chapter 196-27A WAC is to provide further guidance to registrants with respect to the accepted professional conduct and practice generally expected of those practicing engineering or land surveying.

(2) These rules of professional conduct and practice are applicable to all registrants and engineering/land surveying firms. A registrant is any person holding a certificate or license issued in accordance with chapter 18.43 RCW and an engineering/land surveying firm is one that has been issued a certificate of authorization to practice by the board.

(3) All persons, corporations, joint stock associations and limited liability companies registered under the provisions of chapter 18.43 RCW are charged with having knowledge of, and practicing in accordance with, the provisions of this chapter.

History

• Statutory Authority: RCW 18.43.035. WSR 17-01-137, § 196-27A-010, filed 12/20/16, effective 1/20/17
• WSR 02-23-027, § 196-27A-010, filed 11/12/02, effective 12/13/02.

Wash. Admin. Code § 196-27A-020 Fundamental canons and guidelines for professional conduct and practice.

Registrants are to safeguard life, health, and property and promote the welfare of the public. To that end, registrants have obligations to the public, their employers and clients, other registrants and the board.

(1) Registrant's obligation to the public.

(a) Registrants are obligated to be honest, fair and timely in their dealings with the public,their clients and other licensed professionals.

(b) Registrants must be able to demonstrate that their final documents and work products conform to accepted standards.

(c) Registrants must inform their clients or employers of the harm that may come to the life, health, property and welfare of the public at such time as their professional judgment is overruled or disregarded. If the harm rises to the level of an imminent threat, the registrant is also obligated to inform the appropriate regulatory agency.

(d) Registrants shall maintain their competency by continuing their professional development throughout their careers and shall provide opportunities for the professional development of those individuals under their supervision.

(e) Registrants shall be objective and truthful in professional documents, reports, public and private statements and testimony; all material facts, and sufficient information to support conclusions or opinions expressed, must be included in said documents, reports, statements and testimony. Registrants shall not knowingly falsify, misrepresent or conceal a material fact in offering or providing services to a client or employer.

(f) Registrants shall offer their services in a truthful, objective, professional manner that effects integrity and fosters public trust in the engineering and land surveying professions.

(g) Registrants should endeavor to extend the public knowledge of engineering and land surveying.

(h) Registrants shall accurately represent their academic credentials, professional qualifications and experience.

(i) Registrants may advertise professional services only in ways that are representative of their qualifications, experience and capabilities.

(j) Registrants shall forbid the use of their name or firm name by any person or firm that is engaging in fraudulent or dishonest business or professional practices.

(2) Registrant's obligation to employer and clients.

(a) Registrants are expected to strive with the skill, diligence and judgment exercised by the prudent practitioner, to achieve the goals and objectives agreed upon with their client or employer. They are also expected to promptly inform the client or employer of progress and changes in conditions that may affect the appropriateness or achievability of some or all of the goals and objectives of the client or employer.

(b) Registrants and their clients should have a clear and documented understanding and acceptance of the work to be performed by the registrant for the client. The registrant should maintain good records throughout the duration of the project to document progress, problems, changes in expectations, design modifications, agreements reached, dates and subject of conversations, dates of transmittals and other pertinent records consistent with prudent professional practice.

(c) Registrants shall seal only documents prepared by them or under their direct supervision as required by RCW 18.43.070.

(d) Registrants shall be competent in the technology and knowledgeable of the codes and regulations applicable to the services they perform.

(e) Registrants must be qualified by education or experience in the technical field of engineering or land surveying applicable to services performed.

(f) Registrants may accept primary contractual responsibility requiring education or experience outside of their own fields of competence, provided, their services are restricted to those parts and aspects of the project in which they are qualified. Other qualified registrants shall perform and stamp the work for other parts and aspects of the project.

(g) Registrants shall act as faithful agents or trustees in professional matters for each employer or client.

(h) Registrants shall advise their employers or clients in a timely manner when, as a result of their studies and their professional judgment, they believe a project will not be successful.

(i) Registrants shall avoid conflicts of interest, or the appearance of a conflict of interest, with their employers or clients. Registrants must promptly inform their employers or clients of any business association, interest, or circumstances that could influence their judgment or the quality of their services or would give the appearance that an existing business association, interest, or circumstances could result in influencing their judgment or the quality of their services.

(j) Registrants shall accept compensation from only one party for services rendered on a specific project, unless the circumstances are fully disclosed and agreed to by the parties of interest.

(3) Registrant's obligation to other registrants.

(a) If registrants issue statements, critiques, evaluations or arguments on engineering or land surveying matters, they shall clearly indicate on whose behalf the statements are made.

(b) Registrants shall negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualifications for the type of services required.

(c) Registrants shall respond to inquiries from other registrants regarding their work in a timely, fair and honest manner as would be expected from a prudent practitioner.

(4) Registrant's obligation to the board.

(a) Registrants shall cooperate with the board by providing, in a timely manner, all records and information requested in writing by the board, or their designee.

(b) Registrants shall respond to, or appear before the board at the time, date and location so stated in a legally served board order.

(c) Registrants shall notify the board of suspected violations of chapter 18.43 or 18.235 RCW or of these rules by providing factual information in writing to convey the knowledge or reason(s) to believe another person or firm may be in violation.

History

• Statutory Authority: RCW 18.43.035. WSR 02-23-027, § 196-27A-020, filed 11/12/02, effective 12/13/02.

Wash. Admin. Code § 196-27A-030 Explicit acts of misconduct.

In addition to any failure to conform with the requirements of chapter 18.43 or 18.235 RCW, or this chapter, the following acts and any act or condition listed in RCW 18.235.130, are explicitly defined as misconduct in the practice of engineering and/or land surveying.

(1) Aiding or abetting the unsupervised practice of engineering or land surveying in the state by a person or firm that is not registered in accordance with chapter 18.43 RCW, or, aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required.

(2) The practice of engineering or land surveying by a registrant when the registrant's license is retired, expired, suspended or revoked.

(3) Failing to comply with the terms and conditions of an order issued by the board.

(4) Failing to provide relevant information on plans and surveys in a clear manner consistent with prudent practice.

(5) Failing to comply with the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC.

(6) Failing to respond to inquiries from clients, or other professionals regarding conflicts with the registrant's work, opinions or procedures, in a manner that would be expected from a prudent practitioner.

(7) Failing to correct engineering or land surveying documents or drawings known to contain substantive errors.

(8) Failing to notify a client or employer that a project could not, or would not, be completed once that assessment is made.

(9) Modifying another licensee's work without notifying that licensee, and clearly delineating the modifications and sealing and signing the modifications made; except where the plans, maps, or documents are modified by the owner to reflect changes over time for their own purposes and are not used for submittals or bid documents.

(10) Offering or accepting money, goods or other favors as inducement to receive favorable consideration for a professional assignment, or as an inducement to approve, authorize or influence the granting of a professional assignment.

(11) Soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with clients or employers in connection with work for which the registrant is responsible.

(12) Using privileged information coming to registrants in the course of their assignments as a means of making personal profit beyond their professional compensation.

(13) Requesting, proposing, or accepting professional commissions on a contingent basis under circumstances in which the registrant's integrity may be compromised.

(14) Any act, statement or behavior that harasses, intimidates or retaliates against anyone who has provided information, assistance or testimony in connection with any board inquiry, investigation, hearing or other proceeding.

(15) Willfully attempting to suborn another person to violate the law or administrative code, public policy or their code of professional ethics.

(16) Willfully making false statements or submitting fraudulent documents when reporting the completion of continuing professional development requirements.

(17) Disorderly, discriminatory or abusive behavior or statements which are significantly disruptive to the normal activities of a place of business or public view, where such behavior would give anyone witnessing the act a reasonable belief to be concerned for their safety or well-being.

History

• Statutory Authority: RCW 18.43.035. WSR 07-07-121, § 196-27A-030, filed 3/20/07, effective 4/20/07
• WSR 06-11-120, § 196-27A-030, filed 5/19/06, effective 7/1/06
• WSR 02-23-027, § 196-27A-030, filed 11/12/02, effective 12/13/02.

Chapter 196-29 Professional practices.

Wash. Admin. Code § 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(10).

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 thereon.

(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.

History

• Statutory Authority: RCW 18.43.035. WSR 17-01-137, § 196-29-110, filed 12/20/16, effective 1/20/17
• WSR 06-22-038, § 196-29-110, filed 10/25/06, effective 11/25/06. Formerly WAC 196-24-110.

Wash. Admin. Code § 196-29-200 Federal employee exemption.

(1) Under RCW 18.43.130(6) the provisions of the act shall not be construed to prevent or affect 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; provided:

(a) That all work performed is for the exclusive use of the federal government; and

(b) That all work performed is wholly contained within the confines of lands held by the federal government (federal enclave).

(2) Any engineering work that is performed and/or constructed for the benefit of a private citizen or business entity, even if directly adjoining lands held by the federal government, must be performed by or under the direct supervision of an engineer licensed in accordance with the requirements of chapter 18.43 RCW.

(3) Any surveying work that is performed for boundaries between lands held by the federal government and lands held by a private citizen or business entity, must be performed by or under the direct supervision of a land surveyor licensed in accordance with the requirements of chapter 18.43 RCW or under the authority of the Secretary of the Interior through special instructions approved by the Bureau of Land Management.

History

• Statutory Authority: RCW 18.43.035. WSR 10-01-199, § 196-29-200, filed 12/23/09, effective 1/23/10.

Chapter 196-32 On-site wastewater treatment system designer licenses/inspector certificates of competency.

Wash. Admin. Code § 196-32-005 Declaration and purpose.

This chapter contains rules and procedures for applications, experience, education, and eligibility to become licensed as an on-site wastewater treatment system designer or to obtain a certificate of competency.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-005, filed 3/1/23, effective 4/1/23.

Wash. Admin. Code § 196-32-007 Definitions.

On-site wastewater treatment system designer. "Designer" or "licensee" means an individual authorized under chapter 18.210 RCW to perform design services for on-site wastewater systems.

On-site wastewater treatment system inspector/certificate of competency holder. "Certificate of competency holder" or "inspector" means a person who has been issued a certificate and has been authorized by the board to practice as an on-site wastewater treatment inspector.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-007, filed 3/1/23, effective 4/1/23.

Wash. Admin. Code § 196-32-011 Requirements for designer license.

To become licensed as an on-site wastewater treatment system designer in Washington, you must meet the requirements described below:

(1) Have a high school diploma or GED equivalent.

(2) Have four years of progressive experience in the design of on-site wastewater treatment systems judged suitable by the board. The four years of experience could be a combination of education and work experience related to on-site wastewater system design.

(3) Fully complete the application form to the satisfaction of the board.

(4) Pay all applicable fees.

(5) Receive a passing score on the Washington law review.

(6) Receive a passing score on the Washington state on-site designer examination.

Upon passing the on-site designer examination, the applicant will be licensed as an on-site wastewater treatment system designer.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-011, filed 3/1/23, effective 4/1/23.

Wash. Admin. Code § 196-32-020 Acceptable experience and supporting documents.

The four years of experience in the design of on-site wastewater treatment systems of a character satisfactory to the board should include site and soil assessment, hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, and construction practices. The following criteria will be used in evaluating an applicant's experience record:

(1) Acceptable work experience shall be broad based and progressive in the design of on-site wastewater treatment systems. Work experience will be considered by the board based upon the verifications provided by the applicant, the level of independent judgments and decisions, and the demonstration of the ability to work within the regulatory structure. This experience must include, but shall not be limited to the following:

(a) Applying state and local health regulations;

(b) Exercising sound judgment when making independent decisions regarding the sciences and technologies of on-site wastewater treatment systems;

(c) Field identification and evaluation of soil types and site conditions;

(d) Conducting research; and

(e) Interacting with clients and the public in conformance with chapter 18.210 RCW.

(2) Of the four years of work experience required, education relevant to on-site wastewater treatment may be considered satisfactory experience up to a maximum of two years; the board will determine if the education credentials are satisfactory to award years of experience based on the following:

(a) Graduation from a baccalaureate or associate degree program which contains course work in the sciences and technologies of engineering and/or on-site wastewater treatment systems, as provided in RCW 18.210.100 may be awarded up to a maximum of two years of experience. Course work relevant to on-site wastewater systems includes soil science, geology, biology, mapping, site development and construction management.

(b) Completed college level course work without a degree will be evaluated by the board in deciding the equivalent years of experience.

(c) Documented seminars, industry training programs, and other educational or training programs specifically related to the science and technologies of on-site wastewater treatment systems will be evaluated by the board in deciding the equivalent years of experience.

Official transcripts and/or other official educational documents must be sent to the board's office for review and approval to count towards experience.

(3) On-site wastewater related teaching may be considered satisfactory experience up to a maximum of one year at the discretion of the board.

(4) Working for a local health jurisdiction as a certificate of competency holder may count towards a portion of the required experience, at the discretion of the board.

(5) All work experience gained must be performed under the direct supervision of a licensed designer or professional engineer as per chapter 18.210 RCW or as approved by the board.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-020, filed 3/1/23, effective 4/1/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 00-20-017, § 196-32-020, filed 9/25/00, effective 10/26/00.

Wash. Admin. Code § 196-32-030 Requirements for inspector certificate of competency.

To receive an inspector certificate of competency you must meet the requirements below:

(1) Be an employee of a local health jurisdiction that reviews, inspects, or approves the design and construction of on-site wastewater treatment systems.

(2) Have one year of practical work experience under the supervision of a certificate of competency holder or one year of previous work under a licensed on-site designer or professional engineer, unless otherwise approved by the board.

The board will consider the following in evaluating the practical work experience: Verification(s) provided by the applicant, the demonstration of the ability to work within the regulatory structure and familiarity with the aspects of on-site wastewater system design, construction, and maintenance.

The work experience must demonstrate understanding of chapter 246-272A WAC and associated department of health recommended standards and guidance (RS&G) documents. In addition, the work experience should include:

(a) Review of site characteristics such as soil types and location of water tables.

(b) Review of well siting, testing, and construction.

(c) Review of plats and land subdivisions.

(d) Review of septic system designs.

(e) Review of system installation and construction.

(f) Review of system troubleshooting and operations and maintenance.

The applicant must demonstrate their knowledge and experience in more than one area listed under (a) through (f) of this subsection.

(3) Fully complete the application form to the satisfaction of the board.

(4) Provide a written request from the local health jurisdiction. Requests shall be submitted on a form prescribed by the board.

(5) Pay all applicable fees.

(6) Obtain a passing score on the Washington law review.

(7) Obtain a passing score on the on-site designer examination.

Upon passing the on-site designer examination, the applicant will be issued a certificate of competency. Issuance of the certificate of competency does not authorize the certificate of competency holder to offer or provide on-site wastewater treatment system design services to the public. However, nothing in this chapter limits or affects the ability of local health jurisdictions to perform on-site design services under their authority in chapter 70.05 RCW, RCW 18.210.190 (3)(d) and WAC 246-272A-0230.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-030, filed 3/1/23, effective 4/1/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 00-20-017, § 196-32-030, filed 9/25/00, effective 10/26/00.

Wash. Admin. Code § 196-32-035 Application process.

The board has one application form for licensure as an on-site wastewater treatment system designer and another application for inspector certificate of competency. All applications must be completed on forms provided on the board's website, and include required documentation to be approved by the board for examination. Completed applications must be received at the board's address with the applicable fee by the date posted on the board's website to be considered for approval to take the exam. Incomplete applications, and/or applications received after the deadline may be considered for a later examination. Applications submitted without the proper fee shall be considered incomplete.

(1) On-site wastewater treatment system designer application: Applicants must complete all sections of the form and must meet all listed requirements for licensure.

(a) Applicants must provide information on the application form that demonstrates they meet all requirements for licensure. This includes work experience and education requirements, as detailed in WAC 196-32-011 and 196-32-020; and RCW 18.210.100, 18.210.110, and 18.210.120.

(b) All applicants must provide the following documents to verify these requirements:

(i) For education to be considered, you must submit official transcripts or other official educational documents.

(ii) Applicants must provide two or more verifications of work experience. Experience must be verified on the form titled "On-Site Wastewater Treatment Systems Designer Experience Verification" which includes not only work experience information and details but also verifications of work experience by supervisors or other verifiers. At least one of the verifiers should be a licensed on-site designer or professional engineer who provided direct supervision of the applicant performing design services.

(c) A certificate of competency holder who wants to become licensed as an on-site wastewater treatment system designer must complete the on-site wastewater treatment system designer application, including verification(s) of design experience.

(2) Inspector certificate of competency application: Applicants must complete all sections of the form and must meet all requirements to obtain an inspector certificate of competency.

(a) Applicants must provide verification of one year of practical work experience under the supervision of a certificate of competency holder, licensed on-site designer or professional engineer; or otherwise demonstrate knowledge of (a) through (f) of this subsection to be considered by the board for approval of application.

(b) Applicants must have the local health department director or director designee complete and sign the "DOH request for examination" form per WAC 196-32-030 and submit it with the application.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-035, filed 3/1/23, effective 4/1/23.

Wash. Admin. Code § 196-32-040 Examinations.

(1) To become licensed as an on-site wastewater treatment system designer or to become an inspector certificate of competency holder the applicant must pass the on-site designer licensing examination as established by the board. The schedule of examinations and an examination blueprint may be found on the board's website.

(2) An applicant who has taken the examination and failed or who qualified for the examination but did not take it shall submit the exam reschedule application and applicable fee by the date posted on the board's website.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-040, filed 3/1/23, effective 4/1/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 00-20-017, § 196-32-040, filed 9/25/00, effective 10/26/00.

Wash. Admin. Code § 196-32-050 Registration of applicants licensed in other jurisdictions without examination.

The board has the discretion to issue a license to an out-of-state licensee without examination who meets the following requirements:

(1) Completes the on-site wastewater treatment system designer registration application including supporting documentation as listed in WAC 196-32-035 and pays the appropriate fee.

(2) Receives a passing score on the Washington law review.

(3) Meets minimum requirements of RCW 18.210.100, 18.210.110, and 18.210.180 and this chapter.

(4) Holds a currently valid license in a board recognized licensing agency in a state, territory, possession, or foreign country.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-06-072, § 196-32-050, filed 3/1/23, effective 4/1/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 00-20-017, § 196-32-050, filed 9/25/00, effective 10/26/00.

Chapter 196-33 Rules of professional practice for licensees designing on-site wastewater treatment systems.

Wash. Admin. Code § 196-33-100 Purpose and definitions.

(1) The purpose of chapter 196-33 WAC is to provide further guidance to licensees with respect to the accepted professional conduct and standard of practice, as indicated in chapter 18.210 RCW, and generally expected of those practicing professional on-site wastewater treatment system designing. These standards shall apply to all persons authorized to practice on-site wastewater treatment system design services, whether licensed professional designers under chapter 18.210 RCW, or licensed professional engineers under chapter 18.43 RCW. The board recognizes the need to establish standards with which to measure the performance of practitioners. The board further recognizes, as a minimum standard, those standards for the design of on-site wastewater treatment systems required by chapter 246-272A WAC, promulgated by the state board of health in accordance with their authority granted in RCW 43.20.050. It is the intent of the board to introduce guidance and direction through these rules, together with recommended standards and guidance documents.

(2) The word "licensee" in these rules of professional practice shall mean any person holding a license issued in accordance with chapter 18.210 RCW, or chapter 18.43 RCW, issued by this board.

(3) All licensees are charged with having knowledge of and practicing in accordance with the provisions of these rules of professional practice.

(4) Should there be any conflict in the guidance provided in this chapter and the intent of the language of chapter 18.210 RCW, the intent of the language in chapter 18.210 RCW prevails.

(5) Terms used in this chapter shall have the same definition as provided in chapter 18.210 RCW.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-22-038, § 196-33-100, filed 10/23/23, effective 11/23/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 01-11-102, § 196-33-100, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 196-33-200 Fundamental canons and guidelines for professional practice and conduct.

The specialized and complex knowledge required for on-site wastewater treatment system design makes it imperative that licensees exercise a standard of care that holds paramount the protection of the health, safety, environment, property, and welfare of the public.

(1) Licensees are expected to apply the skill, diligence and judgment required by the professional standard of care, to achieve the goals and objectives agreed with the client or employer, and are expected to promptly inform the client or employer of progress and changes in conditions that may affect the appropriateness or achievability of some or all of the goals and objectives of the client or employer. Licensees are obliged to:

(a) Be honest and fair in their dealings, and to conform to the relevant laws and codes of the jurisdiction in which they practice.

(b) Be able to demonstrate that their final products and work plans adequately consider the primary importance of protecting the safety, health, property, and welfare of the general public.

(c) Approve or seal only documents prepared by them or under their direct supervision.

(d) Inform their clients or employers of the possible consequences, when an overruling or disregarding of the licensee's professional judgment may threaten the safety or health of the public. If in the judgment of the licensee an imminently dangerous situation persists, they shall promptly inform appropriate authorities.

(e) Inform the board in writing, citing specific facts to which the licensee has direct knowledge, if they have knowledge or reason to believe that another person or firm may be in violation of any of the provisions of chapter 18.210 RCW or these rules of professional conduct, and cooperate with the board in furnishing such further information or assistance as may be required.

(2) Licensees shall be competent in the technology, and knowledgeable of the codes, regulations, and guidelines applicable to the services they perform.

(3) Licensees shall be qualified by education and/or experience in the technical area of on-site wastewater treatment system design applicable to services performed and the technologies utilized.

(4) Licensees may accept primary contractual responsibility requiring education and/or experience outside their own area of competence, provided their services are restricted to those phases of the project in which they are qualified.

(5) Licensees shall not affix their signatures or seals to any plan or document dealing with subject matter in which they lack competence by virtue of education and/or experience.

(6) Licensees shall act in professional matters for each employer or client as faithful agents or trustees.

(7) Licensees shall be objective and truthful in professional documents, reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements or testimony. They shall not knowingly falsify, misrepresent or conceal a material fact in offering or providing services to a client or employer.

(8) Licensees shall avoid all known or potential conflicts of interest with their employers or clients and shall promptly inform their employers or clients of any business association, interest, or circumstances, which could influence their judgment, or the quality of their services.

(9) Licensees shall only accept compensation from one party for services on a project, unless the circumstances are fully disclosed to and agreed to, by all interested parties.

(10) Licensees shall not solicit or, accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their clients or employers in connection with work for which they are responsible.

(11) Licensees shall advise their employers or clients when, as a result of their studies, they believe a project will not achieve the goals established with the client.

(12) Licensees shall not use confidential information coming to them in the course of their assignments as a means of making personal profit if such action is adverse to the interests of their clients, employers or the public.

(13) Licensees employed full-time shall not accept professional employment outside of their regular work or interest without the knowledge and consent of their employers.

(14) Licensees shall offer their professional services in a truthful, objective, and professional manner that results in public trust in the integrity of the on-site design profession.

(15) Licensees shall not request, propose or accept professional commissions on a contingent basis under circumstances in which their professional judgments may be compromised.

(16) Licensees shall not offer or accept money, goods or other favors as inducement to receive favorable consideration for a professional assignment or as an inducement to approve, authorize or influence the granting of a professional assignment. This shall not preclude the securing of salaried positions through employment agencies.

(17) Licensees shall negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualifications for the type of professional service required.

(18) Licensees shall not falsify or permit misrepresentation of their academic or professional qualifications or experience.

(19) Licensees shall not advertise professional services in a way that is false or misleading as to the qualification, experience, or capability of the licensee.

(20) Public statements by licensees regarding the practice of on-site wastewater treatment systems design shall be objective and truthful.

(21) Licensees should endeavor to extend the public knowledge of on-site wastewater treatment system design and shall not participate in the dissemination of untrue, unfair, or exaggerated statements regarding the profession.

(22) Professional reports, statements, or testimony made to the public or public entities shall include all relevant and pertinent information to support conclusions or opinions expressed.

(23) Licensees when serving as an expert witness shall express an on-site design opinion only when it is founded upon adequate knowledge of the facts, upon a background of technical competence, and upon honest conviction.

(24) Licensees shall issue no statements, criticisms, or arguments regarding on-site design matters, which are inspired or paid for by interested parties, unless they indicate on whose behalf the statements, are made.

(25) Licensees shall continue their professional development throughout their careers, and shall provide opportunities for the professional development of those individuals under their supervision.

(26) Licensees shall respond to any legal request for information by the board and/or appear before the board in the time frame established by the board or their staff designee.

(27) In addition to the requirements of RCW 18.210.020 and this chapter, the following acts are contrary to the standard of practice for individuals authorized to practice under this chapter and constitute unprofessional conduct in the practice of on-site wastewater treatment system designing:

(a) Duplicating, copying, removing or attempting to remove materials from the custody and control of the board that are exempt from inspection or copying under chapter 42.17 RCW when such duplication, copying or removal was not expressly authorized by the board.

(b) Failure to notify a client or employer that a project could not be completed or was not completed.

(c) Failure to respond to client inquiries under conditions which endanger the health, safety, or welfare of the public or the client or the client's property.

(d) Failure to respond to inquiries from other on-site practitioners or governmental agencies regarding differences in your respective work products, under conditions which endanger the public health, safety, or welfare or the health, safety, or welfare of the client or the client's property.

(e) Any act, statement or behavior that harasses, intimidates or retaliates against anyone who has provided information, assistance or testimony in connection with any board inquiry, investigation, hearing or other proceeding.

(f) Disorderly, discriminatory or abusive behavior or statements which are significantly disruptive to the normal activities of a place of business or public view, where such behavior would give anyone witnessing the act a reasonable belief to be concerned for their safety or well-being.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-22-038, § 196-33-200, filed 10/23/23, effective 11/23/23. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 07-10-127, § 196-33-200, filed 5/2/07, effective 6/2/07. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 01-11-102, § 196-33-200, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 196-33-300 Providing direct supervision.

Direct supervision by a licensee is described as follows:

(1) Maintaining control over those decisions that are the basis for the findings, conclusions, analyses, rationale, details, and judgments that are embodied in the development and preparation of on-site plans, specifications, reports, and related activities.

(2) Requires providing personal direction, oversight, inspection, observation, and supervision of the work being certified.

(3) These actions may include, but are not limited to: Direct face-to-face communications; written communications; U.S. mail; electronic mail; facsimiles; telecommunications, or communication through other current technology.

(4) Contractual or employment relations must be in place between the licensee and unlicensed preparer to qualify as direct supervision.

(5) Mentoring is not direct supervision. Reviewing documents as defined by WAC 196-33-500, after preparation without involvement in the design and development process as described above cannot be accepted as direct supervision.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-22-038, § 196-33-300, filed 10/23/23, effective 11/23/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 01-11-102, § 196-33-300, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 196-33-400 Seals and stamps.

All individuals licensed in accordance with chapter 18.210 RCW shall procure a seal/stamp that conforms to the design as authorized by the board. It is the responsibility of each licensee to maintain control over the use of their stamp/seal. The impression or image of the seal/stamp shall conform to the below-illustrated design and be of a size that assures full legibility of the following required information:

(1) State of Washington;

(2) Licensed on-site wastewater treatment system designer;

(3) License number;

(4) Licensee's name as shown on license.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-33-400, filed 12/18/24, effective 1/18/25
• WSR 18-22-076, § 196-33-400, filed 11/2/18, effective 12/3/18. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 01-11-102, § 196-33-400, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 196-33-500 Seal and stamp usage.

The use of the seal/stamp shall be in accordance with chapters 18.43 and 18.210 RCW, or as otherwise described herein:

(1) Final documents are those documents that are prepared and distributed for use for construction, final agency approvals, use by clients, and record drawings or as-builts for filing with public officials where such record drawings or as-builts are required to be prepared by the licensee. Any final document must contain the seal/stamp, signature, and date of signature of the licensee who prepared or directly supervised the work. For the purpose of this section, "document" is defined as plans, designs, specifications, reports, and as-built documents prepared by the licensee.

(2) Preliminary documents are those documents not considered final as defined herein but are released or distributed by the licensee. Preliminary documents must be clearly identified as "preliminary" or contain such wording so it may be differentiated from a final document. Preliminary documents must be stamped, but need not be signed or dated by the licensee.

(3) Plan sets: Every page of a plan set must contain the seal/stamp and signature of the licensee(s) who prepared or who had direct supervision over the preparation of the work, and date of signature.

(a) Plans/designs containing work prepared by or under the direct supervision of more than one licensee shall be sealed/stamped, signed, and dated by each licensee and shall clearly note the extent of each licensee's responsibility.

(b) Plan/design sheets containing and/or depicting background and/or supporting information that is duplicated from other plans need only be sealed/stamped by the licensee(s) who prepared or was in direct supervision of the design. The origin of the background information shall be noted on the plan sheet.

(c) All design revisions to final plan/design sheets shall clearly identify on each sheet the revisions made and shall contain the name and seal of the licensee, and signature of licensee with the date the sheet was sealed.

(4) Specifications: Specifications that are prepared by or under the direct supervision of a licensee shall contain the seal/stamp, signature of the licensee, and date of the signature. If the specifications prepared by a licensee are a portion of a bound specification document that contains specifications other than that of an on-site design nature, the licensee need only seal/stamp that portion or portions of the documents for which the licensee is responsible. Nothing herein should be construed to require that each page of an on-site design specification be sealed/stamped by the licensee.

(5) Document review: When a licensee is required to review work prepared by another licensed on-site designer, the reviewing licensee shall fully review those documents. If required, the licensee shall prepare a report that discusses the findings of the review with any supporting calculations and sketches. The reviewing licensee would then seal/stamp, sign, and date the report. The report would make reference to and/or be attached to the subject document(s) reviewed.

(6) Nothing in this section requires the stamping of plans/designs by employees of local health districts acting in that capacity as on-site inspectors/reviewers, whether or not licensed under chapter 18.210 RCW.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 23-22-038, § 196-33-500, filed 10/23/23, effective 11/23/23. Statutory Authority: RCW 18.210.050, 18.210.060. WSR 01-11-102, § 196-33-500, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 196-33-600 Signature.

The term "signature or signed," as used in chapters 18.43 and 18.210 RCW and/or Title 196 WAC, shall mean the following:

(1) 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:

(a) Original and written by hand, or a scanned image of an original, handwritten identification;

(b) Permanently affixed to the document(s) being certified;

(c) Applied to the document by the identified licensee; and

(d) Placed directly over the seal/stamp of the licensee.

(2) 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:

(a) Unique to the licensee using it;

(b) Capable of independent verification;

(c) Under the exclusive control of the licensee using it; and

(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 18-22-076, § 196-33-600, filed 11/2/18, effective 12/3/18.

Chapter 196-34 Continuing education of licensed professional on-site wastewater treatment system designers.

Wash. Admin. Code § 196-34-100 Purpose and effective date.

The purpose of the professional development hours requirement is to encourage licensed on-site wastewater treatment system designers (designers), under chapter 18.210 RCW, to maintain competency in their practice. All designers must meet these requirements as a condition of continued licensure under chapter 18.210 RCW.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-100, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-100, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-105 Definitions.

Terms used in this chapter are defined as follows:

(1) Professional development hour (PDH) - An hour engaged in a qualifying activity.

(2) College/unit semester/quarter hour - Completion of courses in college level curriculums satisfactory to the board.

(3) Qualifying activity - Any activity that is related to on-site wastewater treatment systems or will help the designer to maintain their competency as an on-site wastewater treatment system professional.

(4) Board - The board of registration for professional engineers and land surveyors.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-105, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-105, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-110 Requirements.

All designers wishing to maintain active practice must accumulate thirty PDH for any given two-year period. The PDH accumulated by designers are subject to audit by the board.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-110, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-110, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-115 Qualifying activities.

The board believes that designers under provisions of chapter 18.210 RCW should have the discretion to make independent choices on what activities help them to be improved practitioners. The board will not provide advance approvals for selected activities or vendors. The board expects designers to seek out qualifying activities that can be demonstrated to the board as relevant to their professional development as a designer.

History

• Statutory Authority: RCW 18.43.035, 18.210.050, and 18.210.060. WSR 25-02-004, s 196-34-115, filed 12/18/24, effective 1/18/25. Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-115, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-115, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-120 Units.

Qualifying activities earned and applied to one of the following categories may not be applied to another category.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-120, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-120, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-125 Activities that do not qualify for PDH credits.

The following are not considered qualifying activities:

(1) Taking courses, specialized instruction or meeting performance criteria that were conditions of a board order.

(2) Attendance or testimony at legislative hearings.

(3) Attendance or testimony at city or county council meetings/hearings.

(4) Attendance or testimony at civil or criminal trials.

(5) Time spent fund raising for scholarships or other society purposes or lobbying for legislation.

(6) Attendance at gatherings that are primarily social in nature.

(7) Membership and/or attendance in service club meetings.

History

• Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-125, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-130 Determination of credit.

The board is the final authority with respect to claimed qualifying activities and the respective PDH credit. Qualifying activity becomes eligible for credit upon completion of the given activity.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-130, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-130, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-135 Recordkeeping and audits.

The designer is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours and location. The designer is required to keep their records of professional development covering the cumulative time in the current renewal period plus the two years before the last renewal. All professional development records and supporting documentation must be furnished to the board upon request.

If an audit disqualifies credits that were reported to the board by a designer and results in the licensee failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-135, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-135, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-140 Noncompliance with professional development.

(1) A designer who fails to comply with the requirements of this chapter is subject to disciplinary action by the board.

(2) A designer who, through the course of an audit, is discovered to have falsified professional development documentation to the board is subject to disciplinary action by the board.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-140, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-140, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-145 Waiver.

The board may grant a waiver to the time requirement for collection of professional development to designers who qualify. A request for a waiver must be made in writing and clearly state the justification and include any necessary documentation required by the board. All waivers expire on the next date of license renewal unless the board grants an extension.

The board may grant waivers for:

(1) Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship.

(2) Individuals who have been placed on active military duty for at least one hundred twenty days.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-145, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-145, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-150 Exemption.

Designers who have been approved for "Inactive Status" as provided in WAC 196-34-155 are exempt from the requirement of collecting professional development hours.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-150, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-150, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-155 Inactive status.

Any designer who signs a board approved affirmation that they are not engaged in the practice as an on-site wastewater treatment system designer is eligible for inactive status. Those with inactive status are prohibited from any practice as an on-site wastewater treatment system designer as provided in chapter 18.210 RCW. A designer on inactive status may reinstate their license to active status by written request to the board and payment of any applicable fees. In the first year of reactivated practice the designer may be required by the board to collect an additional fifteen PDH.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-155, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-155, filed 5/19/06, effective 7/1/06.

Wash. Admin. Code § 196-34-160 Comity/out-of-jurisdiction resident.

The professional development requirements, as provided for in this chapter, may be satisfied when the board can verify that a designer has satisfied professional development requirements in another jurisdiction recognized by the board, as being equivalent to the requirements of this chapter.

History

• Statutory Authority: Chapters 18.43 and 18.210 RCW. WSR 12-09-008, § 196-34-160, filed 4/5/12, effective 5/6/12. Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. WSR 06-11-118, § 196-34-160, filed 5/19/06, effective 7/1/06.