Virginia Regulatory Town Hall View Comments

12/8/10 9:42 am

Commenter: marius

Good

good article

filme online

CommentID: 14718

12/11/10 1:50 am

Commenter: termopan

termopan

thanks for info

termopan

CommentID: 14737

12/13/10 10:06 pm

Commenter: Kate Mccathy

Great

I love this action !!!

Pls check this one too:

http://winninginawebworld.com/social-media-marketing-machines/

CommentID: 14749

12/15/10 12:51 pm

Commenter: limo

limo

good site! but site may need a little renovation!

limo

CommentID: 14779

12/22/10 5:05 pm

Commenter: Craig S. Moore, VSPE

18 VAC 10-20-780, Professional required at each place of business.

Any legal entity or professional maintaining a place of business from which the entity or professional offers or provides architectural, engineering, land surveying, landscape architectural, or certified interior design services in Virginia shall name for each profession offered or practiced at each place of business at least one 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 shall have knowledge and competency in the area of the work being offered or practiced at the place of business for which he is named. Each named professional shall be responsible for only one location at a time. A named professional may be responsible for more than one location provided that he is resident at the place of business during a majority of the hours of operation at each location.

===========================Reason=============

There are several arguments for modifying this sentence. First, here in the Commonwealth of Virginia, professional engineers are not licensed by engineering discipline; and, thus, it is only necessary for firms to identify one engineer as the “resident, responsible person” for engineering services as each place of business. However, for a firm that offers and provides engineering services in multiple engineering disciplines, no single person is likely to be competent in every field of engineering services offered and provided by the firm. Thus, for such firms, no single professional engineer can assume responsibility for exercising “direct control and personal supervision of the work being offered or practiced at the place of business for which he is named.” And, even if a firm were to choose to identify a Virginia licensed professional engineer within every engineering discipline offered and provided by the firm, for a large firm it is likely to be similar impossible for a single individual to exercise direct control and personal supervision over all work within the office as there may well be numerous projects underway at any given time within the firm.

With the modification of the first sentence in the second paragraph of 18 VAC 10-20-780, this provision would be left to say that “[a]ny legal entity or professional maintaining a place of business from which the entity or professional offer or provides [professional] services in Virginia shall name for each profession offered or practiced at each place of business a resident, responsible person.” Note that the terms “resident” and “responsible person” are also defined terms (see 18 VAC 10-20-10, Definitions). This accomplishes the goal of 18 VAC 10-20-780, which is to prevent an entity or professional from operating a “satellite office” from which the entity or professional offers or provides services, but for which there is no licensed person present in the office to ensure that the firm does not offer or provide services for which the firm is not qualified to offer or provide from that location.

CommentID: 14810

12/22/10 5:07 pm

Commenter: Craig S. Moore

Registration versus Licensure

18VAC10-20-670. Expiration and renewal.

Strike “license” from paragraph A, such that it reads, “If the certificate or registration has expired for six months or more, but less than five years, the regulant shall be required to submit a reinstatement application, which shall be evaluated by the board to determine if the applicant meets the renewal requirements. In addition, a reinstatement fee equal to the regular renewal fee plus $100 shall be required. In addition, individual license holders applying for reinstatement are required to provide evidence of compliance with the continuing education requirements as contained in this chapter.”

18VAC10-20-680. Reinstatement.

Strike “license” from paragraph A, such that it reads, “If the certificate or registration has expired for six months or more, but less than five years, the regulant shall be required to submit a reinstatement application, which shall be evaluated by the board to determine if the applicant meets the renewal requirements. In addition, a reinstatement fee equal to the regular renewal fee plus $100 shall be required. In addition, individual license holders applying for reinstatement are required to provide evidence of compliance with the continuing education requirements as contained in this chapter.”

Strike “license” from paragraph B and add clarification about registration see brackets, such that it reads, “If the certificate or registration has expired for five years or more, an application for reinstatement shall be required, which shall be evaluated by the board to determine if the applicant remains qualified to be a regulant of the board, and a reinstatement fee equal to the regular renewal fee plus $250 shall be submitted. In addition, the board may require an individual applicant to submit to an examination. In addition, individual license holders applying for reinstatement [for registration] are required to provide evidence of compliance with the continuing education requirements as contained in this chapter.”

Virginia Code §54.1-411.C.1. requires the Board to adopt regulations governing the registration of persons and provide procedural requirements to obtain and renew registration on a periodic basis. This section does not discuss licensure renewal regulations.

18VAC10-20-683. Continuing education requirements for renewal or reinstatement.

Section 18VAC10-20-683 seems to conflict with the Virginia Code §54.1-405 in regards to “A license shall be valid during the life of the holder unless revoked or suspended by the Board.” This issue may require more than changes to the Regulations because Virginia Code §54.1-404.2 states, “… Such regulations shall require the completion of the equivalent of 16 hours per biennium of Board-approved continuing education activities as a prerequisite to the renewal or reinstatement of a license…”, which seems to containing confusing or conflicting information with Virginia Code §54.1-405.

CommentID: 14811

12/22/10 5:14 pm

Commenter: Craig Moore

Business Registrations of State Entities

Code of Virginia § 54.1-406. License required.

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.

CommentID: 14812

12/22/10 5:15 pm

Commenter: Craig Moore

18 VAC 10-20-10, Definitions

Definitions

18 VAC 10-20-10, Definitions

Update the list of words and terms defined by Virginia Code § 54.1-400, to include the term “Residential wastewater" and “responsible charge”.

Does the term “professional” need to be defined in 18 VAC 10-20-10?

Does the term “regulant” need to be defined in 18 VAC 10-20-10?

Does the term “incidental” need to be defined in 18 VAC 10-20-10? I have had professionals state that regardless as who was in direct control and personal supervision of the work that a single person could sign and seal the work because it was “incidental” to his work.

CommentID: 14813

12/22/10 5:28 pm

Commenter: Craig Moore

18VAC10-20-382: Topographic Surveys

18VAC10-20-382, Minimum standards and procedures for surveys determining topography; field procedures; office procedures.

The section on Minimum standards and procedures for land boundary surveying practice, 18VAC10-20-370.D.w., specifically requires a “professional’s seal, signature and date.” The section on Minimum standards and procedures for surveys determining the location

of physical improvements; field procedures; office procedures, 18VAC10-20-380.C.17, specifically requires a “professional’s seal, signature and date.” The section on Minimum standards and procedures for surveys determining topography; field procedures; office procedures, 18VAC10-20-382, does NOT specifically require a “professional’s seal, signature and date”. This creates confusion even though 18VAC10-20-760 requires all work to contain a seal, signature and date. Professionals believe that 18VAC10-20-382.B.11 negates the requirements to have a seal, signature and date from the professional responsible for the topographic survey. It would help clarify the situation if the regulations were to add 18VAC10-20-382.B.12 that states, “Professional’s seal, signature and date.”

Is it the intent of the Board that 18VAC10-20-382.B.11 shall appear on all documents containing topographic data? For example, should the construction drawing (construction sheet) containing topographic data have the statement from 18VAC10-20-382.B.11?

Should 18VAC10-20-382.B.11 be revised, such that “(Name of Surveyor or Surveyor Photogrammetrist”) is changed to “(Professional)”?

How should topographic data offered through “clearing houses” include the statement 18VAC10-20-382.B.11? For example, VITA/VGIN provides topographic data to localities and surveying/engineering firms for use in designs. Should the surveyor or surveyor photogrammetrist who prepared the work for VITA/VGIN be providing the statement included in 18VAC10-20-382.B.11 to each entity using/purchasing the information? Are localities and surveying/engineering firms allowed to use this survey information in their designs? Is it the expectation or could the regulations be changed such that the surveyor or surveyor photogrammetrist provide a signed and sealed letter that could be included in the use of the information? For example, the signed and sealed letter could be included as part of the design/construction documents.

How can a locality take advantage of the aerial mapping, USGS topographic quad sheets, and LIDAR data without the need to have the firm using data redo (verify) the work? For example, let's same a PSA wishes to have a waterline designed and installed. For a waterline design, 5 to 10 foot contours may be sufficient and variations in the topographic from the information shown on the construction drawings do not have a significant impact on the final function of the project. How can the designer uses this information and still meet the regulations? Or another situation could be the installing a waterline, water tank, and road that must tie-in to an existing road. In this case, the design may be included to use the aerial mapping from the locality to design the waterline route and then perform a detailed topographic survey where the two roads meet. How can this method of working with data be appropriately handled and still comply with the regulations (18VAC10-20-760).

Is the expectation that the design professional using the topographic data peform spot checks and performs visual observations such that the he or shee feels confident the information is accurate enough for his or her design?

CommentID: 14814

12/22/10 5:29 pm

Commenter: Craig Moore

Virginia Code § 54.1-400

The following is a recommended change to COV the Board may wish to pursue in the future.

Code of Virginia, 1950, as amended

Amend Virginia Code § 54.1-400 to read, in pertinent part, as follows: “’Responsible charge’ means the direct control and supervision of the practice of architecture, professional engineering, or land surveying, interior design, or landscape architecture.” (This definition, apparently, dates back to before (certified) interior designers and landscape architects were regulated by the APELSCIDLA board and had never been revised to reflect the addition of these disciplines.)

CommentID: 14815

Action	General Review
Stage	NOIRA
Comment Period	Ended on 12/22/2010