18VAC10-20-780. Professional required at each place of business.  (Option 2, preferred)

Comment:    Option 2 is preferred over Option 1.  Recommend using another term other than “firm” or defining “firm”.  Who designates the resident, responsible person?  Paragraph A states that it is the regulant who maintains a place of business is responsible to name at least one responsible person; however, paragraph B states that a resident, responsible person is to be designated by the firm.  Requiring the “regulant” to name a responsible person is ambiguous because which regulant is required to designate another regulant.   Make this a senior officer in the firm/entity or the title used on the business registration.  Another option would be to clarify that “regulant maintaining a place of business” shall mean the person who signs the DPOR business registration form.

I feel it needs to be clear that a regulant needs to be minimal competent in the profession and discipline being offered or practiced.  Virginia does not distinguish disciplines within a profession.  I am supportive of this concept because there are numerous disciplines within a profession, and there is overlap within these disciplines.  For example, a civil engineer may also be a water resources engineer, a structural engineer, an electrical engineer etc…  The reason for adding a discipline is to better ensure  to the public that not only is the appropriate profession resident at the location, but the specific discipline also has a competent person.  For example, if a business is offering mechanical engineering services, then the CEO must designate a professional engineer who is competent in mechanical engineering.  I do NOT think this area or discipline needs to be listed on a form or website, but it allows the Board to better regulate professions in the event someone is not minimally competent within the area/discipline.]

Physical Address, location, and place of business are used interchangeably.  I recommend using a single term to improve the meaning.  I recommend using “location” so that you don’t have someone working remotely without supervision.

The proposed wording states the designated person shall exercise direct control and personal supervision of the work being offered or practiced at that location.  This requires the person listed to be the regulant who signs and seals the work as indicated in section 18VAC10-20-760.  Many firms would be required to send documentation to the Board weekly if each and every person who is signing and sealing work is required to be listed.  The proposed regulations place the burden of signing and sealing ALL documents on the resident, responsible person.  This would force a business (firm) to designate every PE, Architect, LS, LSA that is in direct control and personal supervision of the work produced in a given location.  This could be 1, 10, 50, 100, etc… regulants who need to be designated. 

The recommended language places a responsibility on the resident, responsible person to ensure he or she has minimally competent regulants working in that location.  If someone then wants to see more information about who signed/sealed the document, then the person can check the regulant’s individual license information.  This would allow multiple regulants within this location to sign and seal documents so long as they are in direct control and personal supervision in accordance with 18VAC10-20-760.

A. Any legal entity or professional regulant maintaining a place of business from which the entity or professional that offers or provides practices architectural, engineering, land surveying, landscape architectural, or certified interior design services in Virginia, shall name at least one responsible person for each profession offered or practiced at each place of business a resident, responsible person. The named resident, responsible person must hold a current valid Virginia license or certificate in the profession being offered or practiced.

Each named professional B. A resident responsible person designated by the firm shall exercise direct control and personal supervision of the work being offered or practiced at the each place of business for which he is named. Each named professional shall be responsible for only one location at a time. A named professional A resident responsible person may be responsible for more than one location provided that he is resident at the each place of business during a majority of the its operating hours of operation at each location.

Recommendation – replace A and B with the following and add C.

1. For each physical address or location and for every discipline offered or practiced there shall be at least one designated resident, responsible person who is also competent in the discipline offered.  It shall be the chief executive officer’s or similar position’s responsibility to designate to the board at least one resident, responsible person for each profession and discipline offered or practiced at this physical address or location. 

2. A resident, responsible person, as designated by the chief executive officer or similar position, shall ensure the work being offered or practiced at each location is being performed under the direct control and personal supervision of a regulant who is minimally competent in the profession and discipline practiced.

3. A resident responsible person may be responsible for more than one location provided that he is resident at the each place of business during a majority of the its operating hours of operation at each location.