This chapter shall
not be construed to prevent or affect:
(1) The practice of any other legally recognized profession
or trade; or
(2) The practice of a person not a resident and having no
established place of business in this state, practicing or
offering to practice herein the profession of engineering or land
surveying, when such practice does not exceed in the aggregate
more than thirty days in any calendar year: PROVIDED, Such
person has been determined by the board to be legally qualified
by registration to practice the said profession in his or her own
state or country in which the requirements and qualifications for
obtaining a certificate of registration are not lower than those
specified in this chapter. The person shall request such a
determination by completing an application prescribed by the
board and accompanied by a fee determined by the director. Upon
approval of the application, the board shall issue a permit
authorizing temporary practice; or
(3) The practice of a person not a resident and having no
established place of business in this state, or who has recently
become a resident thereof, practicing or offering to practice
herein for more than thirty days in any calendar year the
profession of engineering or land surveying, if he or she shall
have filed with the board an application for a certificate of
registration and shall have paid the fee required by this
chapter: PROVIDED, That such person is legally qualified by
registration to practice engineering or land surveying in his or
her own state or country in which the requirements and
qualifications of obtaining a certificate of registration are not
lower than those specified in this chapter. Such practice shall
continue only for such time as the board requires for the
consideration of the application for registration; or
(4) The work of an employee or a subordinate of a person
holding a certificate of registration under this chapter, or an
employee of a person practicing lawfully under provisions of this
section: PROVIDED, That such work does not include final design
or decisions and is done under the direct responsibility,
checking, and supervision of a person holding a certificate of
registration under this chapter or a person practicing lawfully
under the provisions of this section; or
(5) The work of a person rendering engineering or land
surveying services to a corporation, as an employee of such
corporation, when such services are rendered in carrying on the
general business of the corporation and such general business
does not consist, either wholly or in part, of the rendering of
engineering services to the general public: PROVIDED, That such
corporation employs at least one person holding a certificate of
registration under this chapter or practicing lawfully under the
provisions of this chapter; or
(6) 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; or
(7) Nonresident engineers employed for the purpose of making
engineering examinations; or
(8) The practice of engineering or land surveying, or both,
in this state by a corporation or joint stock association:
PROVIDED, That
(a) The corporation has filed with the board an application
for certificate of authorization upon a form to be prescribed by
the board and containing information required to enable the board
to determine whether such corporation is qualified in accordance
with this chapter to practice engineering or land surveying, or
both, in this state;
(b) For engineering, the corporation has filed with the
board a certified copy of a resolution of the board of directors
of the corporation that shall designate a person holding a
certificate of registration under this chapter as responsible for
the practice of engineering by the corporation in this state and
shall provide that full authority to make all final engineering
decisions on behalf of the corporation with respect to work
performed by the corporation in this state shall be granted and
delegated by the board of directors to the person so designated
in the resolution. For land surveying, the corporation has filed
with the board a certified copy of a resolution of the board of
directors of the corporation which shall designate a person
holding a certificate of registration under this chapter as
responsible for the practice of land surveying by the corporation
in this state and shall provide full authority to make all final
land surveying decisions on behalf of the corporation with
respect to work performed by the corporation in this state be
granted and delegated by the board of directors to the person so
designated in the resolution. If a corporation offers both
engineering and land surveying services, the board of directors
shall designate both a licensed engineer and a licensed land
surveyor. If a person is licensed in both engineering and land
surveying, the person may be designated for both professions. The resolution shall further state that the bylaws of the
corporation shall be amended to include the following provision:
"The designated engineer or land surveyor, respectively, named in
the resolution as being in responsible charge, or an engineer or
land surveyor under the designated engineer or land surveyor's
direct supervision, shall make all engineering or land surveying
decisions pertaining to engineering or land surveying activities
in the state of Washington." However, the filing of the
resolution shall not relieve the corporation of any
responsibility or liability imposed upon it by law or by
contract;
(c) If there is a change in the designated engineer or
designated land surveyor, the corporation shall notify the board
in writing within thirty days after the effective date of the
change. If the corporation changes its name, the corporation
shall submit a copy of its amended certificate of authority or
amended certificate of incorporation as filed with the secretary
of state within thirty days of the filing;
(d) Upon the filing with the board the application for
certificate for authorization, certified copy of resolution and
an affidavit, the designation of a designated engineer or
designated land surveyor, or both, specified in (b) of this
subsection, a certificate of incorporation or certificate of
authorization as filed with the secretary of state, and a copy of
the corporation's current Washington business license, the board
shall issue to the corporation a certificate of authorization to
practice engineering or land surveying, or both, in this state
upon a determination by the board that:
(i) The designated engineer or designated land surveyor, or
both, hold a certificate of registration in this state in
accordance with this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor, or
both, are not designated in responsible charge for another
corporation or a limited liability company; and
(iii) The corporation is licensed with the secretary of
state and holds a current unified business identification number
and the board determines, based on evaluating the findings and
information in this section, that the applicant corporation
possesses the ability and competence to furnish engineering or
land surveying services, or both, in the public interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate of
authorization issued to a corporation if the board finds that any
of the officers, directors, incorporators, or the stockholders
holding a majority of stock of such corporation has engaged in
unprofessional conduct as defined in RCW 18.43.105 or 18.235.130
or has been found personally responsible for unprofessional
conduct under (f) and (g) of this subsection.
(e) Engineers or land surveyors organized as a professional
service corporation under chapter 18.100 RCW are exempt from
applying for a certificate of authorization under this chapter.
(f) Any corporation authorized to practice engineering under
this chapter, together with its directors and officers for their
own individual acts, are responsible to the same degree as an
individual registered engineer, and must conduct its business
without unprofessional conduct in the practice of engineering as
defined in this chapter and RCW 18.235.130.
(g) Any corporation that is certified under this chapter is
subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation under
its certificate of authorization shall be prepared by or under
the direct supervision of and shall be signed by and shall be
stamped with the official seal of a person holding a certificate
of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (8) there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual renewal
fee determined by the director as provided in RCW 43.24.086.
(9) The practice of engineering and/or land surveying in
this state by a partnership if the partnership employs at least
one person holding a valid certificate of registration under this
chapter to practice engineering or land surveying, or both. The
board shall not issue certificates of authorization to
partnerships after July 1, 1998. Partnerships currently
registered with the board are not required to pay an annual
renewal fee after July 1, 1998.
(10) The practice of engineering or land surveying, or both,
in this state by limited liability companies: Provided, That
(a) The limited liability company has filed with the board
an application for certificate of authorization upon a form to be
prescribed by the board and containing information required to
enable the board to determine whether the limited liability
company is qualified under this chapter to practice either or
both engineering or land surveying in this state.
(b) The limited liability company has filed with the board a
certified copy of a resolution by the company manager or managers
that shall designate a person holding a certificate of
registration under this chapter as being responsible for the
practice of engineering or land surveying, or both, by the
limited liability company in this state and that the designated
person has full authority to make all final engineering or land
surveying decisions on behalf of the limited liability company
with respect to work performed by the limited liability company
in this state. The resolution shall further state that the
limited liability company agreement shall be amended to include
the following provision: "The designated engineer or land
surveyor, respectively, named in the resolution as being in
responsible charge, or an engineer or land surveyor under the
designated engineer or land surveyor's direct supervision, shall
make all engineering or land surveying decisions pertaining to
engineering or land surveying activities in the state of
Washington." However, the filing of the resolution shall not
relieve the limited liability company of responsibility or
liability imposed upon it by law or by contract.
(c) The designated engineer for the limited liability
company must hold a current professional engineer license issued
by this state.
The designated land surveyor for the limited liability
company must hold a current professional land surveyor license
issued by this state.
If a person is licensed as both a professional engineer and
as a professional land surveyor in this state, then the limited
liability company may designate the person as being in
responsible charge for both professions.
If there is a change in the designated engineer or
designated land surveyor, the limited liability company shall
notify the board in writing within thirty days after the
effective date of the change. If the limited liability company
changes its name, the company shall submit to the board a copy of
the certificate of amendment filed with the secretary of state's
office.
(d) Upon the filing with the board the application for
certificate of authorization, a certified copy of the resolution,
an affidavit from the designated engineer or the designated land
surveyor, or both, specified in (b) and (c) of this subsection, a
copy of the certificate of formation as filed with the secretary
of state, and a copy of the company's current business license,
the board shall issue to the limited liability company a
certificate of authorization to practice engineering or land
surveying, or both, in this state upon determination by the board
that:
(i) The designated engineer or designated land surveyor, or
both, hold a certificate of registration in this state under this
chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor, or
both, are not designated in responsible charge for another
limited liability company or a corporation;
(iii) The limited liability company is licensed with the
secretary of state and has a current unified business
identification number and that the board determines, based on
evaluating the findings and information under this subsection,
that the applicant limited liability company possesses the
ability and competence to furnish either or both engineering or
land surveying services in the public interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate of
authorization issued to a limited liability company if the board
finds that any of the managers or members holding a majority
interest in the limited liability company has engaged in
unprofessional conduct as defined in RCW 18.43.105 or 18.235.130
or has been found personally responsible for unprofessional
conduct under the provisions of (f) and (g) of this subsection.
(e) Engineers or land surveyors organized as a professional
limited liability company are exempt from applying for a
certificate of authorization under this chapter.
(f) Any limited liability company authorized to practice
engineering or land surveying, or both, under this chapter,
together with its manager or managers and members for their own
individual acts, are responsible to the same degree as an
individual registered engineer or registered land surveyor, and
must conduct their business without unprofessional conduct in the
practice of engineering or land surveying, or both.
(g) A limited liability company that is certified under this
chapter is subject to the authority of the board as provided in
RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a limited liability
company under its certificate of authorization shall be prepared
by or under the direct supervision of and shall be signed by and
shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (10) there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual renewal
fee determined by the director as provided in RCW 43.24.086.
[2002 c 86 § 227; 1997 c 247 § 4; 1991 c 19 § 6; 1985 c 7 § 46; 1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126 § 2; 1961 c 142 § 5; 1959 c 297 § 7; 1947 c 283 § 16; Rem. Supp. 1947 § 8306-33. Prior: 1935 c 167 § 2; RRS § 8306-2.]
NOTES:
Effective dates -- 2002 c 86: See note following RCW 18.08.340.
Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.
Effective date -- 1997 c 247 § 4: "Section 4 of this act takes effect July 1, 1998." [1997 c 247 § 5.]