|Action||General Review 2014|
|Comment Period||Ends 2/22/2017|
Controversial Regulatory Change and Proper Utilization of VITA Data
So, will a PE with an OSE license under these proposed regulations be allowed to use VITA data?
Onsite Soil Evaluator
18VAC160-40-230. License required. [Text as Proposed]
A. Notwithstanding the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, no individual shall [
evaluate soils and soil properties for suitability as locations for or design conventional or alternative onsite sewage systemsperform the duties of an onsite soil evaluator ] without possessing a valid license issued by the board.
Pursuant to Section 54.1-402, paragraph C of the Code of Virginia, which is quoted below, this data may not be used for purposes listed in said paragraph C, since the data was not created, nor is it maintained under the supervision of a licensed land surveyor.
C. Persons utilizing photogrammetric methods or similar remote sensing technology shall not be required to be licensed as a land surveyor pursuant to subsection B of 54.1-404 or 54.1-406 to: (i) determine topography or contours, or to depict physical improvements, provided such maps or other documents shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination, or (ii) graphically show existing property lines and boundaries on maps or other documents provided such depicted property lines and boundaries shall only be used for general information.
Any determination of topography or contours, or depiction of physical improvements, utilizing photogrammetric methods or similar remote sensing technology by persons not licensed as a land surveyor pursuant to 54.1-406 shall not show any property monumentation or property metes and bounds, nor provide any measurement showing the relationship of any physical improvements to any property line or boundary. Any person not licensed pursuant to subsection B of 54.1-404 or 54.1-406 preparing documentation pursuant to subsection C of 54.1-402 shall note the following on such documentation: "Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination.
Suggest the proposed language be amednded under 18VAC160-40-470, as follows:
18VAC160-40-470. Prohibited acts.
15. Failing to act in providing professional services in a manner that safeguards the interests of the public, unless the appropriate class or category of licensee is preparing documentation and copying VITA data pursuant to subsection C of 54.1-402.