It seems the Board should adopt regulations governing the registration of state agencies and political subdivisions practices architecture, engineering, or land surveying based on §54.1-406.C. and §54.1-402.1, which states the chief administrative officer shall have the responsibility to determine engineering, architecture, and land surveying positions which have responsible charge of these practices.
Based on Virginia Code §54.1-402.1, it seems even functions/tasks that are listed as exemptions in sections §54.1-401 and §54.1-402 but are still the practice of architecture, engineering, or surveying, should have positions designated as responsible charge. Should the Board evaluate how the positions could be designated as responsible charge along with developing a procedure for business regisration of these entities?
Virginia Code §54.1-402.1. State and local government employees; license exemptions for persons employed prior to March 8, 1992.
The last paragraph of §54.1-402.1. states, “ The chief administrative officer of any agency of the Commonwealth or political subdivision thereof employing persons engaged in the practice of engineering, architecture, or land surveying as regular, full-time, salaried employees shall have the authority and responsibility to determine the engineering, architecture, and land surveying positions which have responsible charge of engineering, architectural, or land surveying decisions.”
Given this section of Virginia Code, the chief administrative officer has the responsibility to designate positions practicing engineering, architecture, or land surveying as responsible charge even if the practice is exempt under §54.1-401 or §54.1-402. Since state employees or employees of political subdivisions practicing engineering, architecture, or land surveying have the potential to impact the health and safety of the public at large, it appears the General Assembly wanted to make sure - regardless of licensure requirements and exemptions - a person was accountable for the work and that person knew he or she was accountable for the work because the position would be designated as responsible charge.
