| Action | Amend regulations to license onsite sewage system professionals. |
| Stage | Proposed |
| Comment Period | Ended on 3/6/2009 |
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The APELSCIDLA Board has the authority to issue cease and desist orders for persons practicing or offering to practice as an architect, professional engineer, or land surveyor when such person is not licensed. The APELSCIDLA Board reviews each complaint of unlicensed activity and determines the most appropriate course of action. I recommend that this Board develop a memorandum of understanding with with the APELSCIDLA Board to help regulants of this board better understand the exempted areas of engineering and surveying practice. The areas of practice for each profession are not exclusive and there is some overlap among the practice of professions. Operators, contractors, and OSEs should be allowed to practice other professions provided they comply with the exemptions of § 54.1-401. The determination of whether the work is incidental to a project is a question of fact to be determined in each case by the appropriate board. Since both this board and the APELSCIDLA Board regulate overlapping work, it is imperative that both boards work together to provide adequate guidance to all regulants. The guidance will reduce complaints and give direction to regulants. The Board should include this language in the regulations: A. The professional shall undertake to perform professional assignments only when qualified by education or experience, or both, and licensed or certified in the profession involved. Licensed professionals may perform assignments related to engineering, contracting, or surveying provided they do not hold themselves out as certified in these professions unless they are so certified by this board or the APELSCIDLA Board. The professional may accept an assignment requiring education or experience outside of the field of the professional's competence, but only to the extent that services are restricted to those phases of the project in which the professional is qualified. All other phases of such project shall be the responsibility of licensed or certified associates, consultants or employees. B. A professional shall not misrepresent to a prospective or existing client or employer his qualifications and the scope of his responsibility in connection with work for which he is claiming credit. C. The professional shall adhere to the minimum standards and requirements pertaining to the practice of his own profession, as well as other professions if incidental work is performed. Notwithstanding other provisions of the Code, an OSE shall not be required to be licensed or registered to practice when bidding upon or negotiating design-build or design-build-operate contracts or performing engineering or land surveying services under a design-build or design-build-operate contract. The architectural, engineering or land surveying services offered or rendered in connection with such contracts shall only be rendered by an OSE or as otherwise allowed by the APELSCIDLA Board. Notwithstanding other provisions of the Code, an OSE shall not be required to be licensed or certified to engage in, or offer to engage in, contracting work or operate as an owner-developer in the Commonwealth in accordance with this chapter when bidding upon or negotiating design-build or design-build-operate contracts or performing services other than construction services under a design-build or design-build-operate contract. However, the construction services offered or rendered in connection with such contracts shall only be rendered by a contractor licensed or certified in accordance with this chapter.