Professional engineers' reg.

AN ACT Relating to updating the professional engineers' 1
registration act, including by removing obsolete language and 2
updating pro tem membership; amending RCW 18.43.030, 18.43.033, 3
18.43.035, 18.43.040, 18.43.050, 18.43.060, 18.43.070, 18.43.080, 4
18.43.130, 18.43.150, 18.43.170, and 18.43.200; and reenacting and 5
amending RCW 18.43.020. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 18.43.020 and 2019 c 442 s 8 are each reenacted and 8
amended to read as follows: 9
The definitions in this section apply throughout this chapter 10
unless the context clearly requires otherwise. 11
(1) "Board" means the state board of registration for 12
professional engineers and land surveyors, provided for by this 13
chapter. 14
(2) "Director" means the ((executive)) director of the Washington 15
state board of registration for professional engineers and land 16
surveyors. 17
(3) "Engineer" means a professional engineer as defined in this 18
section. 19
(4) "Engineer-in-training" means a candidate who: (a) Has 20
satisfied the experience requirements in RCW 18.43.040 for 21
Z-0187.1
HOUSE BILL 1104
State of Washington 69th Legislature 2025 Regular Session
By Representatives Waters, Bernbaum, and Reeves; by request of Board
of Registration for Professional Engineers and Land Surveyors
Prefiled 12/19/24. Read first time 01/13/25. Referred to Committee
on Consumer Protection & Business.
p. 1 HB 1104
registration; (b) has successfully passed the examination in the 1
fundamental engineering subjects; and (c) is enrolled by the board as 2
an engineer-in-training. 3
(5) "Engineering" means the "practice of engineering" as defined 4
in this section. 5
(6) "Land surveyor" means a professional land surveyor.6
(7) "Land-surveyor-in-training" means a candidate who: (a) Has 7
satisfied the experience requirements in RCW 18.43.040 for 8
registration; (b) successfully passes the examination in the 9
fundamental land surveying subjects; and (c) is enrolled by the board 10
as a land-surveyor-in-training. 11
(8)(a) "Practice of engineering" means any professional service 12
or creative work requiring engineering education, training, and 13
experience and the application of special knowledge of the 14
mathematical, physical, and engineering sciences to such professional 15
services or creative work as consultation, investigation, evaluation, 16
planning, design, and supervision of construction for the purpose of 17
assuring compliance with specifications and design, in connection 18
with any public or private utilities, structures, buildings, 19
machines, equipment, processes, works, or projects.20
(b) A person shall be construed to practice or offer to practice 21
engineering, within the meaning and intent of this chapter, who 22
practices any branch of the profession of engineering; or who, by 23
verbal claim, sign, advertisement, letterhead, card, or in any other 24
way represents himself or herself to be a professional engineer, or 25
through the use of some other title implies that he or she is a 26
professional engineer; or who holds himself or herself out as able to 27
perform, or who does perform, any engineering service or work or any 28
other professional service designated by the practitioner or 29
recognized by educational authorities as engineering.30
(c) The practice of engineering does not include the work 31
ordinarily performed by persons who operate or maintain machinery or 32
equipment. 33
(9) "Practice of land surveying" means assuming responsible 34
charge of the surveying of land for the establishment of corners, 35
lines, boundaries, and monuments, the laying out and subdivision of 36
land, the defining and locating of corners, lines, boundaries, and 37
monuments of land after they have been established, the survey of 38
land areas for the purpose of determining the topography thereof, the 39
making of topographical delineations and the preparing of maps and 40
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accurate records thereof, when the proper performance of such 1
services requires technical knowledge and skill. 2
(10) "Professional engineer" means a person who, by reason of his 3
or her special knowledge of the mathematical and physical sciences 4
and the principles and methods of engineering analysis and design, 5
acquired by professional education and practical experience, is 6
qualified to practice engineering as defined in this section, as 7
attested by his or her legal registration as a professional engineer.8
(11) "Professional land surveyor" means a person who, by reason 9
of his or her special knowledge of the mathematical and physical 10
sciences and principles and practices of land surveying, which is 11
acquired by professional education and practical experience, is 12
qualified to practice land surveying and as attested to by his or her 13
legal registration as a professional land surveyor.14
(12) "Significant structures" include: 15
(a) Hazardous facilities, defined as: Structures housing, 16
supporting, or containing sufficient quantities of explosive 17
substances to be of danger to the safety of the public if released;18
(b) Essential facilities that have a ground area of more than 19
five thousand square feet and are more than twenty feet in mean roof 20
height above average ground level. Essential facilities are defined 21
as: 22
(i) Hospitals and other medical facilities having surgery and 23
emergency treatment areas; 24
(ii) Fire and police stations; 25
(iii) Tanks or other structures containing, housing, or 26
supporting water or fire suppression material or equipment required 27
for the protection of essential or hazardous facilities or special 28
occupancy structures; 29
(iv) Emergency vehicle shelters and garages; 30
(v) Structures and equipment in emergency preparedness centers;31
(vi) Standby power-generating equipment for essential facilities;32
(vii) Structures and equipment in government communication 33
centers and other facilities requiring emergency response;34
(viii) Aviation control towers, air traffic control centers, and 35
emergency aircraft hangars; and 36
(ix) Buildings and other structures having critical national 37
defense functions; 38
(c) Structures exceeding one hundred feet in height above average 39
ground level; 40
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(d) Buildings that are customarily occupied by human beings and 1
are five stories or more above average ground level;2
(e) Bridges having a total span of more than two hundred feet and 3
piers having a surface area greater than ten thousand square feet; 4
and 5
(f) Buildings and other structures where more than three hundred 6
people congregate in one area. 7
Sec. 2. RCW 18.43.030 and 2011 c 336 s 481 are each amended to 8
read as follows: 9
A state board of registration for professional engineers and land 10
surveyors is hereby created which shall exercise all of the powers 11
and perform all of the duties conferred upon it by this chapter. 12
((After July 9, 1986, the )) The board shall consist of seven members, 13
who shall be appointed by the governor and shall have the 14
qualifications as hereinafter required. ((The terms of board members 15
in office on June 11, 1986, shall not be affected. The first 16
additional member shall be appointed for a four-year term and the 17
second additional member shall be appointed for a three-year term. )) 18
On the expiration of the term of any member, the governor shall 19
appoint a successor for a term of five years to take the place of the 20
member whose term on said board is about to expire. However, no 21
member shall serve more than two consecutive terms on the board. Each 22
member shall hold office until the expiration of the term for which 23
such member is appointed or until a successor qualified as described 24
in this chapter shall have been duly appointed ((and shall have 25
qualified)). 26
Five members of the board shall be registered professional 27
engineers licensed under the provisions of this chapter. Two members 28
shall be registered professional land surveyors licensed under this 29
chapter. Each of the members of the board shall have been actively 30
engaged in the practice of engineering or land surveying for at least 31
((ten)) 10 years subsequent to registration, five of which shall have 32
been immediately prior to their appointment to the board.33
Each member of the board shall be a citizen of the United States 34
and shall have been a resident of this state for at least five years 35
immediately preceding his or her appointment. 36
Each member of the board shall be compensated in accordance with 37
RCW 43.03.240 and, in addition thereto, shall be reimbursed for 38
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travel expenses incurred in carrying out the provisions of this 1
chapter in accordance with RCW 43.03.050 and 43.03.060.2
The governor may remove any member of the board for misconduct, 3
incompetency, or neglect of duty. Vacancies in the membership of the 4
board shall be filled for the unexpired term by appointment by the 5
governor as hereinabove provided. 6
Sec. 3. RCW 18.43.033 and 1997 c 247 s 1 are each amended to 7
read as follows: 8
Upon request of the board, ((and with approval of the director, 9
the board chair shall appoint up to two individuals to serve as pro 10
tem members of the board. The appointments are limited, as defined by 11
the board chair, for the purpose of participating as a temporary 12
member of the board on any combination of one or more committees or 13
formal disciplinary hearing panels. An appointed individual must meet 14
the same qualifications as a regular member of the board )) the 15
director shall select a candidate for a pro tem board member position 16
and upon approval of the board, the board chair shall make the 17
appointment. Up to three individuals may serve as pro tem board 18
members. A pro tem board member will be participating as a temporary 19
member of the board and perform services as needed and determined by 20
the director, including ensuring sufficient case reviewers, forming a 21
quorum at a board meeting, serving on any combination of one or more 22
committees, or participating as needed at formal disciplinary 23
hearings. An appointed individual must be registered under this 24
chapter or licensed under chapter 18.210 RCW for a minimum of five 25
years immediately prior to the appointment . While serving as a board 26
member pro tem, an appointed person has all the powers, duties, and 27
immunities of a regular member of the board and is entitled to the 28
same compensation, including travel expenses, in accordance with RCW 29
18.43.030. A pro tem appointment may not last for more than ((one 30
hundred eighty)) 180 days unless approved by the director.31
Sec. 4. RCW 18.43.035 and 2020 c 47 s 1 are each amended to read 32
as follows: 33
(1) The board may adopt and amend bylaws establishing its 34
organization and method of operation, including but not limited to 35
meetings, maintenance of books and records, publication of reports, 36
code of ethics, and rosters, and adoption and use of a seal.37
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(2) Four members of the board shall constitute a quorum for the 1
conduct of any business of the board. 2
(3) The board shall appoint its director, who must hold a valid 3
Washington license as a professional engineer or professional land 4
surveyor. 5
(4) The board may employ such persons as are necessary to carry 6
out its duties under this chapter. 7
(5) It may adopt rules reasonably necessary to administer the 8
provisions of this chapter. The board shall submit to the governor 9
periodic reports as may be required. A roster, showing the names and 10
((places of business )) mailing addresses of all registered 11
professional engineers and land surveyors may be published for 12
distribution, upon request, to professional engineers and land 13
surveyors registered under this chapter and to the public.14
Sec. 5. RCW 18.43.040 and 2007 c 193 s 1 are each amended to 15
read as follows: 16
(1) The following will be considered as minimum evidence 17
satisfactory to the board that the applicant is qualified for 18
registration as a professional engineer, engineer-in-training, 19
professional land surveyor, or land-surveyor-in-training, 20
respectively: 21
(a)(i) As a professional engineer: A specific record of eight 22
years or more of experience in engineering work of a character 23
satisfactory to the board and indicating that the applicant is 24
competent to practice engineering; and successfully passing a written 25
or oral examination, or both, in engineering as prescribed by the 26
board. 27
(ii) Graduation in an approved engineering curriculum of four 28
years or more from a school or college approved by the board ((as of 29
satisfactory standing)) shall be considered equivalent to four years 30
of such required experience. The satisfactory completion of each year 31
of such an approved engineering course without graduation shall be 32
considered as equivalent to a year of such required experience. 33
Graduation in a curriculum other than engineering from a school or 34
college approved by the board shall be considered as ((equivalent)) 35
up to two years of such required experience. However, no applicant 36
shall receive credit for more than four years of experience because 37
of undergraduate educational qualifications. The board may, at its 38
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discretion, give credit as experience not in excess of one year, for 1
satisfactory postgraduate study in engineering. 2
(iii) Structural engineering is recognized as a specialized 3
branch of professional engineering. To receive a certificate of 4
registration in structural engineering, an applicant must hold a 5
current registration in this state in engineering and have at least 6
two years of structural engineering experience, of a character 7
satisfactory to the board, in addition to the eight years' experience 8
required for registration as a professional engineer. An applicant 9
for registration as a structural engineer must also pass an 10
additional examination as prescribed by the board.11
(iv) An engineer must be registered as a structural engineer in 12
order to provide structural engineering services for significant 13
structures. ((The board may waive the requirements of this subsection 14
(1)(a)(iv) until December 31, 2010, if:15
(A) On January 1, 2007, the engineer is registered with the board 16
as a professional engineer; and17
(B) Within two years of January 1, 2007, the engineer 18
demonstrates to the satisfaction of the board that the engineer has 19
sufficient experience in the duties typically provided by a 20
professional structural engineer regarding significant structures.))21
(b)(i) As an engineer-in-training: An applicant for registration 22
as a professional engineer shall take the prescribed examination in 23
two stages. The first stage of the examination may be taken upon 24
submission of his or her application for registration as an engineer-25
in-training and payment of the application fee prescribed in RCW 26
18.43.050 at any time after the applicant has completed four years of 27
the required engineering experience, as defined in this section, or 28
has achieved senior standing in a school or college approved by the 29
board. The first stage of the examination shall test the applicant's 30
knowledge of appropriate fundamentals of engineering subjects, 31
including mathematics and the basic sciences. 32
(ii) At any time after the completion of the required eight years 33
of engineering experience, as defined in this section, the applicant 34
may take the second stage of the examination upon submission of an 35
application for registration and payment of the application fee 36
prescribed in RCW 18.43.050. This stage of the examination shall test 37
the applicant's ability, upon the basis of his or her greater 38
experience, to apply his or her knowledge and experience in the field 39
of his or her specific training and qualifications.40
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(c)(i) As a professional land surveyor: A specific record of 1
eight years or more of experience in land surveying work of a 2
character satisfactory to the board and indicating that the applicant 3
is competent to practice land surveying, and successfully passing a 4
written or oral examination, or both, in surveying as prescribed by 5
the board. 6
(ii) Graduation from a school or college approved by the board as 7
of satisfactory standing, including the completion of an approved 8
course in surveying, shall be considered equivalent to four years of 9
the required experience. Postgraduate college courses approved by the 10
board shall be considered for up to one additional year of the 11
required experience. 12
(d)(i) As a land-surveyor-in-training: An applicant for 13
registration as a professional land surveyor shall take the 14
prescribed examination in two stages. The first stage of the 15
examination may be taken upon submission of his or her application 16
for registration as a land-surveyor-in-training and payment of the 17
application fee prescribed in RCW 18.43.050 at any time after the 18
applicant has completed four years of the required land surveying 19
experience, as defined in this section, or has achieved senior 20
standing in a school or college approved by the board. The first 21
stage of the examination shall test the applicant's knowledge of 22
appropriate fundamentals of land surveying subjects, including 23
mathematics and the basic sciences. 24
(ii) At any time after the completion of the required eight years 25
of land surveying experience, as defined in this section, the 26
applicant may take the second stage of the examination upon 27
submission of an application for registration and payment of the 28
application fee prescribed in RCW 18.43.050. This stage of the 29
examination shall test the applicant's ability, upon the basis of 30
greater experience, to apply knowledge and experience in the field of 31
land surveying. 32
(iii) The first stage shall be successfully completed before the 33
second stage may be attempted. ((Applicants who have been approved by 34
the board to take the examination based on the requirement for six 35
years of experience under this section before July 1, 1996, are 36
eligible to sit for the examination.))37
(2) No person shall be eligible for registration as a 38
professional engineer, engineer-in-training, professional land 39
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surveyor, or land-surveyor-in-training, who is not of good character 1
and reputation. 2
(3) Teaching, of a character satisfactory to the board shall be 3
considered as experience not in excess of two years for the 4
appropriate profession. 5
(4) The mere execution, as a contractor, of work designed by a 6
professional engineer, or the supervision of the construction of such 7
work as a foreman or superintendent shall not be deemed to be 8
practice of engineering. 9
(5) Any person having the necessary qualifications prescribed in 10
this chapter to entitle him or her to registration shall be eligible 11
for such registration although the person may not be practicing his 12
or her profession at the time of making his or her application.13
Sec. 6. RCW 18.43.050 and 2019 c 442 s 5 are each amended to 14
read as follows: 15
Application for registration shall be on forms prescribed by the 16
board and furnished by the director, shall contain statements made 17
under oath, showing the applicant's education and detail summary of 18
his or her technical work , and shall contain verification of the 19
technical work from professional engineers and/or professional land 20
surveyors that supervised the applicant's technical work and have 21
personal knowledge of the applicant's engineering and/or land 22
surveying experience. 23
The registration fee for professional engineers shall be 24
determined by the board, which shall accompany the application and 25
shall include the cost of ((examination)) application processing and 26
issuance of certificate. The fee for engineer-in-training shall be 27
determined by the board, which shall accompany the application and 28
shall include the cost of ((examination)) application processing and 29
issuance of certificate. 30
The registration fee for professional land surveyors shall be 31
determined by the board, which shall accompany the application and 32
shall include the cost of ((examination)) application processing and 33
issuance of certificate. The fee for land-surveyor-in-training shall 34
be determined by the board, which shall accompany the application and 35
shall include the cost of ((examination)) application processing and 36
issuance of certificate. 37
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All registration fees are nonrefundable. Should the board find an 1
applicant ineligible for registration, the registration fee shall be 2
retained as an application fee. 3
Sec. 7. RCW 18.43.060 and 2019 c 442 s 9 are each amended to 4
read as follows: 5
When oral or written examinations are required, they shall be 6
held at such time and place as the board shall determine. If 7
examinations are required on fundamental engineering subjects (such 8
as ordinarily given in college curricula) the applicant shall be 9
permitted to take this part of the professional examination prior to 10
his or her completion of the requisite years of experience in 11
engineering work. The board shall issue to each applicant upon 12
successfully passing the examination in fundamental engineering or 13
land surveying subjects a certificate stating that the applicant has 14
passed the examination in fundamental ((engineering)) subjects and 15
that ((his or her )) the applicant's name has been recorded as an 16
engineer-in-training or land surveyor-in-training.17
The scope of the examination and the methods of procedure shall 18
be prescribed by the board with special reference to the applicant's 19
ability to design and supervise engineering works ((so as to insure )) 20
to ensure the safety of life, health , and property. Examinations 21
shall be given for the purpose of determining the qualifications of 22
applicants for registration separately in engineering and in land 23
surveying. A candidate failing an examination may apply for 24
reexamination. Subsequent examinations will be granted upon payment 25
of a fee to be determined by the board. 26
Sec. 8. RCW 18.43.070 and 2019 c 442 s 10 are each amended to 27
read as follows: 28
The board shall issue a certificate of registration upon payment 29
of a registration fee as provided for in this chapter, to any 30
applicant who, in the opinion of the board, has satisfactorily met 31
all the requirements of this chapter. In case of a registered 32
engineer, the certificate shall authorize the practice of 33
"professional engineering" and specify the branch or branches in 34
which specialized, and in case of a registered land surveyor, the 35
certificate shall authorize the practice of "land surveying."36
In case of engineer-in-training, the certificate shall state that 37
the applicant has successfully passed the examination in fundamental 38
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engineering subjects required by the board and has been enrolled as 1
an "engineer-in-training." In case of land-surveyor-in-training, the 2
certificate shall state that the applicant has successfully passed 3
the examination in fundamental surveying subjects required by the 4
board and has been enrolled as a "land-surveyor-in-training." All 5
certificates of registration shall show the full name of the 6
registrant, shall have a serial number, and shall be signed by the 7
chair and the ((secretary of the board and by the)) director.8
The issuance of a certificate of registration by the board shall 9
be prima facie evidence that the person named therein is entitled to 10
all the rights and privileges of a registered professional engineer 11
or a registered land surveyor, while the said certificate remains 12
unrevoked and unexpired. 13
Each registrant hereunder shall upon registration obtain a seal 14
of the design authorized by the board, bearing the registrant's name 15
and the legend "registered professional engineer" or "registered 16
professional land surveyor." Plans, specifications, plats, and 17
reports prepared by the registrant shall be signed, dated, and 18
stamped with said seal or facsimile thereof. Such signature and 19
stamping shall constitute a certification by the registrant that the 20
same was prepared by or under his or her direct supervision and that 21
to his or her knowledge and belief the same was prepared in 22
accordance with the requirements of the statute. It shall be unlawful 23
for anyone to stamp or seal any document with said seal or facsimile 24
thereof after the certificate of registrant named thereon has expired 25
or been revoked, unless said certificate shall have been renewed or 26
reissued. 27
Sec. 9. RCW 18.43.080 and 2019 c 442 s 11 are each amended to 28
read as follows: 29
(1) Certificates of registration ((,)) and certificates of 30
authorization ((and renewals thereof, shall expire on the last day of 31
the month of December following their issuance or renewal and shall 32
become invalid on that date unless renewed )) issued under this 33
chapter are valid for a period of time as determined by the board . It 34
shall be the duty of the board to notify every person, firm, or 35
corporation registered under this chapter of the date of the 36
expiration of ((his or her )) the certificate and the amount of the 37
renewal fee ((that shall be required for its renewal for one year. 38
Such notice shall be mailed at least thirty days before the end of 39
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December of each year. Renewal may be effected during the month of 1
December by the payment of a fee determined by the board )). In case 2
any professional engineer ((and/))or land surveyor registered under 3
this chapter ((shall)) fails to pay the renewal fee ((hereinabove 4
provided for, within ninety days from the date when the same shall 5
become due, the renewal fee shall be the current )) within 90 days 6
following the expiration date, the professional engineer or land 7
surveyor must pay the current renewal fee plus an amount equal to one 8
year's fee. 9
(2) ((Beginning July 1, 2007, the )) The board may not renew a 10
certificate of registration for a land surveyor unless the registrant 11
verifies to the board that he or she has completed at least 12
((fifteen)) 15 hours of continuing professional development per year 13
of the registration period. ((By July 1, 2006, the board shall adopt 14
rules governing continuing professional development for land 15
surveyors that are generally patterned after the model rules of the 16
national council of examiners for engineering and surveying.))17
Sec. 10. RCW 18.43.130 and 2019 c 442 s 3 are each amended to 18
read as follows: 19
This chapter shall not be construed to prevent or affect:20
(1) The practice of any other legally recognized profession or 21
trade; ((or))22
(2) The practice of a person not a resident and having no 23
established place of business in this state, practicing or offering 24
to practice herein the profession of engineering or land surveying, 25
when such practice does not exceed in the aggregate more than 26
((thirty)) 30 days in any calendar year: PROVIDED, Such person has 27
been determined by the board to be legally qualified by registration 28
to practice the said profession in his or her own state or country in 29
which the requirements and qualifications for obtaining a certificate 30
of registration are not lower than those specified in this chapter. 31
The person shall request such a determination by completing an 32
application prescribed by the board and accompanied by a fee 33
determined by the board. Upon approval of the application, the board 34
shall issue a permit authorizing temporary practice; ((or))35
(3) The practice of a person not a resident and having no 36
established place of business in this state, or who has recently 37
become a resident thereof, practicing or offering to practice herein 38
for more than ((thirty)) 30 days in any calendar year the profession 39
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of engineering or land surveying, if he or she shall have filed with 1
the board an application for a certificate of registration and shall 2
have paid the fee required by this chapter: PROVIDED, That such 3
person is legally qualified by registration to practice engineering 4
or land surveying in his or her own state or country in which the 5
requirements and qualifications of obtaining a certificate of 6
registration are not lower than those specified in this chapter. Such 7
practice shall continue only for such time as the board requires for 8
the consideration of the application for registration; ((or))9
(4) The work of an employee or a subordinate of a person holding 10
a certificate of registration under this chapter, or an employee of a 11
person practicing lawfully under provisions of this section: 12
PROVIDED, That such work does not include final design or decisions 13
and is done under the direct responsibility, checking, and 14
supervision of a person holding a certificate of registration under 15
this chapter or a person practicing lawfully under the provisions of 16
this section; ((or))17
(5) The work of a person rendering engineering or land surveying 18
services to a corporation, as an employee of such corporation, when 19
such services are rendered in carrying on the general business of the 20
corporation and such general business does not consist, either wholly 21
or in part, of the rendering of engineering services to the general 22
public: PROVIDED, That such corporation employs at least one person 23
holding a certificate of registration under this chapter or 24
practicing lawfully under the provisions of this chapter; ((or))25
(6) The practice of officers or employees of the government of 26
the United States while engaged within the state in the practice of 27
the profession of engineering or land surveying for the government of 28
the United States; ((or))29
(7) Nonresident engineers employed for the purpose of making 30
engineering examinations; ((or))31
(8)(a) The practice of engineering or land surveying, or both, in 32
this state by a corporation ((or joint stock association )): PROVIDED, 33
That 34
(((a))) (i) The corporation has filed with the board an 35
application for certificate of authorization upon a form to be 36
prescribed by the board and containing information required to enable 37
the board to determine whether such corporation is qualified in 38
accordance with this chapter to practice engineering or land 39
surveying, or both, in this state; 40
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(((b))) (ii) For engineering, the corporation has filed with the 1
board a certified copy of a resolution of the board of directors of 2
the corporation that shall designate a person holding a certificate 3
of registration under this chapter as responsible for the practice of 4
engineering by the corporation in this state and shall provide that 5
full authority to make all final engineering decisions on behalf of 6
the corporation with respect to work performed by the corporation in 7
this state shall be granted and delegated by the board of directors 8
to the person so designated in the resolution. For land surveying, 9
the corporation has filed with the board a certified copy of a 10
resolution of the board of directors of the corporation which shall 11
designate a person holding a certificate of registration under this 12
chapter as responsible for the practice of land surveying by the 13
corporation in this state and shall provide full authority to make 14
all final land surveying decisions on behalf of the corporation with 15
respect to work performed by the corporation in this state be granted 16
and delegated by the board of directors to the person so designated 17
in the resolution. If a corporation offers both engineering and land 18
surveying services, the board of directors shall designate both a 19
licensed engineer and a licensed land surveyor. If a person is 20
licensed in both engineering and land surveying, the person may be 21
designated for both professions. The resolution shall further state 22
that the bylaws of the corporation shall be amended to include the 23
following provision: "The designated engineer or land surveyor, 24
respectively, named in the resolution as being in responsible charge, 25
or an engineer or land surveyor under the designated engineer or land 26
surveyor's direct supervision, shall make all engineering or land 27
surveying decisions pertaining to engineering or land surveying 28
activities in the state of Washington." However, the filing of the 29
resolution shall not relieve the corporation of any responsibility or 30
liability imposed upon it by law or by contract; 31
(((c))) (iii) If there is a change in the designated engineer or 32
designated land surveyor, the corporation shall notify the board in 33
writing within ((thirty)) 30 days after the effective date of the 34
change. If the corporation changes its name, the corporation shall 35
submit a copy of its amended certificate of authority or amended 36
certificate of incorporation as filed with the secretary of state 37
within ((thirty)) 30 days of the filing; 38
(((d))) (iv) Upon the filing with the board the application for 39
certificate for authorization, certified copy of resolution and an 40
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affidavit, and the designation of a designated engineer or designated 1
land surveyor, or both, specified in (((b))) (a)(ii) of this 2
subsection, the board shall issue to the corporation a certificate of 3
authorization to practice engineering or land surveying, or both, in 4
this state upon a determination by the board that: 5
(((i))) (A) The designated engineer or designated land surveyor, 6
or both, hold a certificate of registration in this state in 7
accordance with this chapter and the certificate is in force;8
(((ii))) (B) The designated engineer or designated land surveyor, 9
or both, are not designated in responsible charge for another 10
corporation or a limited liability company; 11
(((iii))) (C) The corporation is licensed with the secretary of 12
state and holds a current unified business identification number and 13
the board determines, based on evaluating the findings and 14
information in this section, that the applicant corporation possesses 15
the ability and competence to furnish engineering or land surveying 16
services, or both, in the public interest; and 17
(((iv))) (D) The corporation is registered with the department of 18
revenue pursuant to RCW 82.32.030. 19
(b) The board may exercise its discretion to take any of the 20
actions under RCW 18.235.110 or this chapter with respect to a 21
certificate of authorization issued to a corporation if the board 22
finds that any of the officers, directors, incorporators, or the 23
stockholders holding a majority of stock of such corporation has 24
engaged in unprofessional conduct as defined in RCW 18.43.105 or 25
18.235.130 or has been found personally responsible for 26
unprofessional conduct under (((f) and (g))) (d) and (e) of this 27
subsection. 28
(((e) Engineers or )) (c) Professional engineers or professional 29
land surveyors organized as a professional service corporation under 30
chapter 18.100 RCW are exempt from applying for a certificate of 31
authorization under this chapter. 32
(((f))) (d) Any corporation authorized to practice engineering or 33
land surveying under this chapter, together with its directors and 34
officers for their own individual acts, are responsible to the same 35
degree as an individual registered engineer or individual registered 36
land surveyor , and must conduct its business without unprofessional 37
conduct in the practice of engineering or the practice of land 38
surveying as defined in this chapter and RCW 18.235.130.39
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(((g))) (e) Any corporation that is certified under this chapter 1
is subject to the authority of the board as provided in RCW 2
18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.3
(((h))) (f) All plans, specifications, designs, and reports when 4
issued in connection with work performed by a corporation under its 5
certificate of authorization shall be prepared by or under the direct 6
supervision of and shall be signed by and shall be stamped with the 7
official seal of a person holding a certificate of registration under 8
this chapter. 9
(((i))) (g) For each certificate of authorization issued under 10
this subsection (8) there shall be paid an initial fee determined by 11
the board and an annual renewal fee determined by the board((.));12
(9) The practice of engineering and/or land surveying in this 13
state by a partnership if the partnership employs at least one person 14
holding a valid certificate of registration under this chapter to 15
practice engineering or land surveying, or both ((. The board shall 16
not issue certificates of authorization to partnerships after July 1, 17
1998. Partnerships currently registered with the board are not 18
required to pay an annual renewal fee after July 1, 1998.)); or19
(10)(a) The practice of engineering or land surveying, or both, 20
in this state by limited liability companies: Provided, That21
(((a))) (i) The limited liability company has filed with the 22
board an application for certificate of authorization upon a form to 23
be prescribed by the board and containing information required to 24
enable the board to determine whether the limited liability company 25
is qualified under this chapter to practice either or both 26
engineering or land surveying in this state. 27
(((b))) (ii) The limited liability company has filed with the 28
board a certified copy of a resolution by the company manager or 29
managers that shall designate a person holding a certificate of 30
registration under this chapter as being responsible for the practice 31
of engineering or land surveying, or both, by the limited liability 32
company in this state and that the designated person has full 33
authority to make all final engineering or land surveying decisions 34
on behalf of the limited liability company with respect to work 35
performed by the limited liability company in this state. The 36
resolution shall further state that the limited liability company 37
agreement shall be amended to include the following provision: "The 38
designated engineer or land surveyor, respectively, named in the 39
resolution as being in responsible charge, or an engineer or land 40
p. 16 HB 1104
surveyor under the designated engineer or land surveyor's direct 1
supervision, shall make all engineering or land surveying decisions 2
pertaining to engineering or land surveying activities in the state 3
of Washington." However, the filing of the resolution shall not 4
relieve the limited liability company of responsibility or liability 5
imposed upon it by law or by contract. 6
(((c))) (iii)(A) The designated engineer for the limited 7
liability company must hold a current professional engineer license 8
issued by this state. 9
(B) The designated land surveyor for the limited liability 10
company must hold a current professional land surveyor license issued 11
by this state. 12
(C) If a person is licensed as both a professional engineer and 13
as a professional land surveyor in this state, then the limited 14
liability company may designate the person as being in responsible 15
charge for both professions. 16
(D) If there is a change in the designated engineer or designated 17
land surveyor, the limited liability company shall notify the board 18
in writing within ((thirty)) 30 days after the effective date of the 19
change. If the limited liability company changes its name, the 20
company shall submit to the board a copy of the certificate of 21
amendment filed with the secretary of state's office.22
(((d))) (iv) Upon the filing with the board the application for 23
certificate of authorization, a certified copy of the resolution, and 24
an affidavit from the designated engineer or the designated land 25
surveyor, or both, specified in (((b) and (c))) (a)(ii) and (iii)(A) 26
of this subsection, the board shall issue to the limited liability 27
company a certificate of authorization to practice engineering or 28
land surveying, or both, in this state upon determination by the 29
board that: 30
(((i))) (A) The designated engineer or designated land surveyor, 31
or both, hold a certificate of registration in this state under this 32
chapter and the certificate is in force; 33
(((ii))) (B) The designated engineer or designated land surveyor, 34
or both, are not designated in responsible charge for another limited 35
liability company or a corporation; 36
(((iii))) (C) The limited liability company is licensed with the 37
secretary of state and has a current unified business identification 38
number and that the board determines, based on evaluating the 39
findings and information under this subsection, that the applicant 40
p. 17 HB 1104
limited liability company possesses the ability and competence to 1
furnish either or both engineering or land surveying services in the 2
public interest; and 3
(((iv))) (D) The limited liability company is registered with the 4
department of revenue pursuant to RCW 82.32.030. 5
(b) The board may exercise its discretion to take any of the 6
actions under RCW 18.235.110 and 18.43.105 with respect to a 7
certificate of authorization issued to a limited liability company if 8
the board finds that any of the managers or members holding a 9
majority interest in the limited liability company has engaged in 10
unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or 11
has been found personally responsible for unprofessional conduct 12
under the provisions of (((f) and (g))) (d) and (e) of this 13
subsection. 14
(((e) Engineers or )) (c) Professional engineers or professional 15
land surveyors organized as a professional limited liability company 16
are exempt from applying for a certificate of authorization under 17
this chapter. 18
(((f))) (d) Any limited liability company authorized to practice 19
engineering or land surveying, or both, under this chapter, together 20
with its manager or managers and members for their own individual 21
acts, are responsible to the same degree as an individual registered 22
engineer or registered land surveyor, and must conduct their business 23
without unprofessional conduct in the practice of engineering or land 24
surveying, or both. 25
(((g))) (e) A limited liability company that is certified under 26
this chapter is subject to the authority of the board as provided in 27
RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 28
RCW. 29
(((h))) (f) All plans, specifications, designs, and reports when 30
issued in connection with work performed by a limited liability 31
company under its certificate of authorization shall be prepared by 32
or under the direct supervision of and shall be signed by and shall 33
be stamped with the official seal of a person holding a certificate 34
of registration under this chapter. 35
(((i))) (g) For each certificate of authorization issued under 36
this subsection (10) there shall be paid an initial fee determined by 37
the board and an annual renewal fee determined by the board.38
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Sec. 11. RCW 18.43.150 and 2019 c 442 s 14 are each amended to 1
read as follows: 2
The board shall set fees at a level adequate to pay the costs of 3
administering this chapter. All fees collected under the provisions 4
of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, and 18.43.130 and 5
fines collected under RCW 18.43.110 shall be paid into the 6
((professional engineers' )) board's account, which account is hereby 7
established in the state treasury to be used to carry out the 8
purposes and provisions of RCW 18.43.050, 18.43.060, 18.43.080, 9
18.43.100, 18.43.110, 18.43.120, 18.43.130, and all other duties 10
required for operation and enforcement of this chapter. ((During the 11
2013-2015 and 2015-2017 fiscal biennia, the legislature may transfer 12
moneys from the professional engineers' account to the state general 13
fund such amounts as reflect the excess fund balance of the fund.))14
Sec. 12. RCW 18.43.170 and 1997 c 58 s 821 are each amended to 15
read as follows: 16
The board shall immediately suspend the registration of a person 17
who has been certified pursuant to RCW 74.20A.320 by the department 18
of social and health services as a person who is not in compliance 19
with a support order ((or a residential or visitation order )). If the 20
person has continued to meet all other requirements for 21
((membership)) registration during the suspension, reissuance of the 22
certificate of registration shall be automatic upon the board's 23
receipt of a release issued by the department of social and health 24
services stating that the person is in compliance with the order.25
Sec. 13. RCW 18.43.200 and 2020 c 47 s 2 are each amended to 26
read as follows: 27
The department of licensing, through an interagency agreement 28
with the board, ((must)) shall provide specified technical services 29
to the board ((. The initial interagency agreement must be for a term 30
of three years and may be renewed by mutual agreement between the 31
department of licensing and the board )) as mutually agreed upon by 32
both parties. 33
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