Proposed Text
Part I
General
18VAC10-20-10. Definitions.
Section 54.1-400 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:
Architect
Board
Certified interior designer
Interior design. When used in this chapter, interior design shall only be applicable to interior design performed by a certified interior designer.
Land surveyor. When used in this chapter, land surveyor shall include surveyor photogrammetrist unless stated otherwise or the context requires a different meaning.
Landscape architect
Practice of architecture
Practice of engineering
Practice of land surveying
Practice of landscape architecture
Professional engineer
The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them except where the context clearly indicates or requires different meanings:
"Application" means a completed application with the
appropriate fee and any other required documentation including, but not
limited to, references, experience verification, degree verification, and
verification of examination and licensure or certification.
"Certified" means an individual holding a valid
certification issued by the board and in good standing.
"Comity" means the recognition of licenses or certificates issued by other states or other jurisdictions of the United States as permitted by § 54.1-103 C of the Code of Virginia.
"Department" means the Department of Professional and Occupational Regulation.
"Direct control and personal supervision" means supervision by a professional who oversees and is responsible for the work of another individual.
"Good moral character" may be established if the applicant or regulant:
1. Has not been convicted of a felony or misdemeanor in
the last 10 years or has ever been convicted of a felony that would render
the applicant unfit or unsuited to engage in the occupation or profession
applied for in accordance with § 54.1-204 of the Code of Virginia;
2. Has not committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, negligence, or incompetence reasonably related to:
a. The proposed area of practice within 10 years prior to
application for licensure, certification, or registration,; or
b. The area of practice related to licensure, certification,
or registration by the board while under the authority of the board.;
3. Has not engaged in fraud or misrepresentation in connection
with the application for licensure, certification, or registration, or related examination
exam;
4. Has not had a license, certification, or registration
revoked or suspended for cause or been disciplined by this the
Commonwealth or by any other jurisdiction, or surrendered or has surrendered
a license, certificate, or registration in lieu of disciplinary action; or
5. Has not practiced without the required license,
registration, or certification in this the Commonwealth or in
another jurisdiction within the five years immediately preceding the filing of
the application for licensure, certification, or registration by this the
Commonwealth.
"Good standing" means that the regulant holds
a current or active license, certificate, or registration issued by a any
regulatory body that is not revoked, suspended, or surrendered subject
to a current sanction. The regulant shall be in good standing in every
jurisdiction where licensed, certified, or registered.
"Licensed" means an individual who holds a valid
license issued by the board.
"Place of business" means any location that, through
professionals, offers or provides the services of architecture, engineering,
land surveying, landscape architecture, certified interior design, or
any combination thereof. A temporary field office established and utilized for
the duration of a specific project shall not qualify as a place of business
under this chapter.
"Profession" means the practice of architecture,
engineering, land surveying, landscape architecture, or certified
interior design.
"Professional" means an architect, professional
engineer, land surveyor, landscape architect, or certified interior
designer who holds a valid license or certificate issued by the board
pursuant to the provisions of this chapter and is in good standing with the
board to practice his profession in this the Commonwealth.
"Registrant" means a business holding a valid
registration issued by the board, and in good standing, to offer
or provide one or more of the professions regulated by the board.
"Regulant" means an architect, professional
engineer, land surveyor, or landscape architect holding a valid license
issued by the board an and is in good standing; a certified
interior designer holding a valid certification issued by the board and is
in good standing; or a registrant.
"Resident" means physically present at the place of business a majority of its operating hours.
"Responsible person" means the professional named by
the registrant to be responsible and have control of the registrant's regulated
services offered, rendered, or both. A professional can only be the responsible
person for the professions indicated on his license or certification
profession indicated on his licenses or certifications.
"Surveyor photogrammetrist" means a person who by reason of specialized knowledge in the area of photogrammetry has been granted a license by the board to survey land in accordance with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia for the determination of topography, contours, or location of planimetric features using photogrammetric methods or similar remote sensing technology.
Part II
General Entry Requirements
18VAC10-20-20. General application requirements.
A. Applicants must be of good moral character.
B. Applications shall be completed in accordance with
instructions contained in this section chapter and on the application.
C. Applications for licensure requiring an exam shall be
received in the board's office by the application deadline established in Part
III (18VAC10-20-90 et seq.) of this chapter for each profession's exam. The
date the fully documented application is received in the board's office
shall determine if the application has been received on time. Applications,
accompanying materials, and references become the property of the board upon
receipt by the board.
D. Applicants shall meet all entry requirements at the time application is made.
E. Applicants shall provide the board with all required documentation and fees to complete the application for licensure or certification no later than three years from the date of the board's receipt of the initial application fee. Applications that remain incomplete after that time will no longer be processed by the board and the applicant shall submit a new application.
F. The board may make further inquiries and investigations with respect to an applicant's qualifications and documentation to confirm or amplify information supplied.
G. Failure of an applicant to comply with a written request from the board for additional evidence or information within 60 days of receiving such notice, except in such instances where the board has determined ineligibility for a clearly specified period of time, may be sufficient and just cause for disapproving the application.
H. Applicants who do not meet the requirements of 18VAC10-20-20 or 18VAC10-20-40 may be approved following consideration by the board in accordance with the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia)
18VAC10-20-25. References.
In addition to the requirements found in 18VAC10-20-130, 18VAC10-20-220, 18VAC10-20-345, and 18VAC10-20-425, as applicable, references that are submitted as part of an application must comply with the following:
1. Written references shall be on the board-approved form and shall be no more than one year old at the time the application is received in the board's office; and
2. The individual providing the this reference
must have known the applicant within the last five years from the date of
this application and for at least one year;.
3. The individual providing the reference must have known
the applicant within the last five years from the date of application to the
board; and
4. Individuals who provide references shall not also verify
experience.
18VAC10-20-35. Experience.
All experience or training requirements contained in this
chapter shall be on the board-approved form and will be evaluated based
on the rate of an applicant working a minimum of 35 hours per week applicant
working a minimum of 30 hours per week. Any experience gained at a rate
of less than 35 less than 30 hours per week may be prorated at the
sole discretion of the board.
18VAC10-20-50. Transfer of scores to other boards.
The board, at its discretion and upon proper application, may
forward the grades scores achieved by an applicant in the various
exams given under the board's jurisdiction to any other duly constituted registration
board for use in evaluating the applicant's eligibility for registration within
another board's jurisdiction or evaluation of the applicant's national
certification. An applicant requesting that his score be transferred to another
registration board shall state his reason for the request in writing.
18VAC10-20-55. Language and comprehension.
Applicants for licensure or certification shall be able to speak and write English to the satisfaction of the board. Applicants whose primary language has not always been English, or who have not graduated from a college or university in which English is the language of instruction, shall submit to the board a Test of English as a Foreign Language Internet-based Test (TOEFL iBT) score report. Score reports shall not be over two years old at the time of application and must reflect a score acceptable to the board. In lieu of the TOEFL, other evidence such as significant academic or work experience in English may be acceptable as determined by the board.
18VAC10-20-70. Modifications to examination administration.
The board and the department support and comply with the
provisions of the Americans with Disabilities Act (ADA), 42 USC § 12101 et seq.
Contracts between the board, department, and vendors for examinations exams
contain provisions for compliance with the ADA. Requests for accommodations
must be in writing and received in the board's office within a reasonable time
before the examination exam. The board may require a report from
a medical professional along with supporting data confirming the nature and
extent of the disability. The applicant is responsible for providing the
required information in a timely manner including the costs for providing the
information. The board or its agents designee will determine,
consistent with applicable law, any accommodations to be made.
18VAC10-20-75. Conduct at examination.
Applicants approved for an exam will be given specific
instructions as to the conduct of each division of the exam at the exam site.
Applicants are required to follow these instructions to assure ensure
fair and equal treatment to all applicants during the course of the exam. Evidence
of misconduct Misconduct may result in removal from the exam site,
voided exam scores, or both and restriction from future exam access.
18VAC10-20-110. Education.
A. Applicants for original licensure shall hold a professional degree in architecture from a program accredited by the National Architectural Accrediting Board (NAAB) or be actively participating in an integrated path accepted by the National Council of Architectural Registration Boards (NCARB) to architectural licensure option within a NAAB-accredited professional degree program in architecture. The degree program must have been accredited by NAAB no later than two years after the date of the applicant's graduation from the program.
B. Applicants seeking credit for a degree or coursework that
is not NAAB-accredited, whether foreign or domestic, shall establish an
NCARB record and have that degree or coursework evaluated for equivalency to
a NAAB-accredited professional degree in architecture through NAAB's
evaluation service. The board reserves the right to reject, for good
cause, any evaluation submitted. Any cost of translation and any
evaluation submitted. Any costs attributable to evaluation shall be borne
by the applicant.
18VAC10-20-120. Experience.
A. Applicants for original licensure shall successfully
complete the National Council of Architectural Registration Boards (NCARB) Intern
Development Program (IDP) IDP training requirements shall be in accordance with
NCARB's Intern Development Program Guidelines, December 2013 Edition. administered
architectural experience program.
B. Applicants must have a minimum of 36 months experience/training
experience or training in architecture. Any experience/training of
less than eight consecutive weeks will not be considered in satisfying this
requirement, which shall be obtained in an organization offering
architectural services that is led by a licensed architect in charge of the
organization's architectural practice. The experience must be verified by a
licensed architect in the organization's architectural practice on the board's
experience verification form.
C. Of the 36 months of required experience/training in
architecture, at least 12 months shall have been obtained as an employee in the
office of a licensed architect. An organization will be considered to be an
office of a licensed architect if:
1. The architectural practice of the organization in which
the applicant works is under the charge of a person practicing as a principal,
where a principal is a licensed architect in charge of an organization's
architectural practice either alone or with other licensed architects, and the
applicant works under the direct supervision of a licensed architect; and
2. The practice of the organization encompasses the
comprehensive practice of architecture including the categories set forth in
the NCARB IDP requirements.
D. C. Applicants with a NAAB-accredited
degree or who are actively participating in or who have completed the
NCARB-accepted integrated path to architectural licensure option are required
to document their experience or training in architecture before licensure.
18VAC10-20-130. References.
Applicants shall submit three references with the application,
all of which shall be from currently licensed architects in a state or other
jurisdiction of the United States or a province of Canada, country in
which a mutual recognition agreement has been executed between itself and NCARB
and accepted by the board. In addition to the requirements found in
18VAC10-20-25, the applicant shall only submit references from licensed
architects who have personal knowledge of the applicant's architectural
experience that demonstrates the applicant's competence and integrity.
18VAC10-20-140. Examination.
A. The board is a member board of NCARB and is authorized to make available the NCARB-prepared exam. Applicants for original licensure are required to pass this exam.
B. Applications for original licensure shall be approved by
the board before applicants will be allowed to sit for the exam. Applicants who
have satisfied the requirements of 18VAC10-20-110 and 18VAC10-20-130 and who
are currently enrolled in the NCARB IDP or have completed the NCARB-administered
architectural experience program shall be admitted to the exam.
C. Applicants approved by the board to sit for the exam shall register and submit the required exam fee and follow NCARB procedures when taking the exam. Applicants not properly registered will not be allowed to sit for the exam.
D. Applicants approved to sit for the exam shall be eligible for a period of three years from the date of their initial approval. Applicants who do not pass all sections of the exam during their eligibility period are no longer eligible to sit for the exam. To become exam-eligible again, applicants shall reapply to the board as follows:
1. Applicants who have taken at least one section of the exam and who reapply to the board no later than six months after the end of their eligibility may be approved to sit for the exam for an additional three years. The original application requirements shall apply.
2. Applicants who do not meet the criteria of subdivision 1 of this subsection shall reapply to the board and meet all entry requirements current at the time of reapplication.
E. Applicants will be notified by the board of whether
they passed or failed the exam. The exam may shall not be
reviewed by applicants. Unless authorized by NCARB rules and procedures,
exam Exam scores are final and not subject to change.
F. Grading Scoring of the exam shall be in
accordance with the national grading procedure administered by NCARB. The
board shall utilize the scoring procedures recommended by NCARB. Grades for
each division of the exam passed on or after January 1, 2006, shall be valid in
accordance with the procedure established by NCARB.
G. The board may approve transfer credits for parts of the exam taken and passed in accordance with national standards.
H. Applicants who have been approved for and subsequently pass the exam and who have satisfied 18VAC10-20-110, 18VAC10-20-120, and 18VAC10-20-130 shall be issued an architect license.
18VAC10-20-150. Licensure by comity.
A. Applicants who hold a valid active license in another state
or other jurisdiction of the United States, a province of Canada, or another
foreign country or a country in which a mutual recognition agreement has
been executed between itself and NCARB and accepted by the board may be
granted a license provided that they meet the requirements of 18VAC10-20-25
and:
1. They possess an NCARB certificate; or
2. They met the requirements for licensure that were
substantially equivalent to those in effect in Virginia that were in
effect at the time they were originally licensed.
B. Applicants who do not satisfy the requirements of subsection A of this section shall meet the entry requirements for initial licensure pursuant to this chapter.
Part IV
Qualifications for Licensing of Professional Engineers
18VAC10-20-160. Definitions.
The following words, terms, and phrases when used in this part shall have the meanings ascribed to them except where the context clearly indicates or requires different meanings:
"ABET" means the Accreditation Board for Engineering and Technology.
"Approved engineering curriculum" program"
means an undergraduate engineering curriculum program of four
years or more, or a graduate engineering curriculum, program
approved by the board. ABET-approved engineering EAC curricula EAC
programs are approved by the board. Curricula Programs that
are accredited by ABET not later than two years after an applicant's graduation
shall be deemed as ABET-approved.
"Approved engineering technology curriculum" program"
means an undergraduate engineering technology curriculum program
of four years or more approved by the board. ABET-approved engineering
technology TAC curricula ETAC programs of four years or more are
approved by the board. Curricula Programs that are accredited by
ABET not later than two years after an applicant's graduation shall be deemed
as ABET-approved.
"EAC" means Engineering Accreditation Commission.
"Engineer-in-training" or "EIT" means an applicant who has completed any one of several combinations of education, or education and experience, and has passed the Fundamentals of Engineering exam.
"ETAC" means Engineering Technology Accreditation Commission.
"Related science curriculum" includes, but is not
limited to, program" means a four-year curriculum program
in biology, chemistry, geology, geophysics, mathematics, physics, or other curriculum
approved by the board. Curriculums programs approved by the board.
Programs must have a minimum of six semester hours of mathematics courses
beyond algebra and trigonometry and a minimum of six semester hours of science
courses in calculus-based physics in order to be considered a related science curriculum
program.
"Qualifying engineering experience" means a record
of progressive experience on engineering work during which the applicant has
made a practical utilization of acquired knowledge and has demonstrated
progressive improvement, growth, and development through the utilization of
that knowledge as revealed in the complexity and technical detail of the
applicant's work product or work record. The applicant must show progressive
assumption of greater individual responsibility for the work product over the
relevant period. The progressive experience on engineering work shall be of a grade
and character type and quality that indicates to the board that the
applicant is minimally competent to practice engineering. Qualifying
engineering experience shall be progressive in complexity and based on a
knowledge of engineering mathematics, physical and applied sciences, properties
of materials, and fundamental principles of engineering design.
"TAC"means" Technology Accreditation
Commission.
18VAC10-20-190. Requirements for the Fundamentals of
Engineering (FE) exam. (Repealed.)
In order to be approved to sit for the Fundamentals of
Engineering (FE) exam, applicants must satisfy one of the subsections (A through
E) of this section. Applicants shall:
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18VAC10-20-200. Requirements for engineer-in-training (EIT)
designation.
Upon passing the FE exam, an applicant who qualified for
the exam under 18VAC10-20-190 A will receive the EIT designation only after he provides
verification of his degree to the board. All other applicants will receive the
EIT designation upon passing the FE exam. The EIT designation will remain valid
indefinitely.
In order to receive the EIT designation, applicants shall:
1. Graduate from an engineering program of four years or more accredited by the Engineering Accreditation Commission of ABET (EAC/ABET), graduate from an engineering master's program accredited by EAC/ABET, or meet the requirements of the NCEES Engineering Education Standard;
2. Pass the NCEES Fundamentals of Engineering (FE) exam; and
3. Apply to the board.
18VAC10-20-210. Requirements for the Principles and Practice
of Engineering (PE) exam licensure as a professional engineer.
A. In order to be approved to sit for the Principles
and Practice of Engineering (PE) exam, applicants shall satisfy one of the
subsections (A through F) within this section. Applicants shall licensed
as a professional engineer, applicants shall:
1. Satisfy one requirement of the subdivisions B 1 through B 4 of this section;
2. Pass the Principles and Practice of Engineering (PE) exam;
3. Meet all the requirements of this chapter; and
4. Apply to and be approved by the board.
B. In general, the required education shall be applied as follows:
EDUCATIONAL REQUIREMENTS |
EIT REQUIRED? |
NUMBER OF REQUIRED YEARS OF QUALIFYING ENGINEERING EXPERIENCE |
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YES |
4 |
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NO |
4 |
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YES |
6 |
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YES |
10 |
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18VAC10-20-215. Requirements for the PE license. (Repealed.)
An applicant who has satisfied the requirements of this chapter will receive the professional engineer license upon successful completion of the PE exam.
18VAC10-20-220. References.
In addition to the requirements found in 18VAC10-20-25, applicants shall satisfy one of the following:
1. An applicant for the Fundamentals of Engineering exam
engineer-in-training designation shall provide one reference that
indicates his the applicant's personal integrity from one of the
following:
a. A professional engineer;
b. The dean, or his the dean's designee, of the
engineering school attended by the applicant; or
c. An immediate work supervisor.
2. An applicant for the Principles and Practice of
Engineering exam licensure as a professional engineer shall submit
three references from professional engineers currently licensed in a state or
other jurisdiction of the United States. The applicant shall only submit
references given by professional engineers who have personal knowledge of the
applicant's competence and integrity relative to his engineering experience.
3. An applicant for licensure by comity shall submit three
references from professional engineers currently licensed in a state or other
jurisdiction of the United States. The applicant shall only submit references
given by professional engineers who have personal knowledge of the applicant's
competence and integrity relative to his engineering experience.
18VAC10-20-230. Education.
A. An applicant who is seeking credit for a degree that is not
ABET accredited TAC as ETAC or EAC and was earned from an
institution outside the United States, shall have the degree
authenticated and evaluated by an educational credential evaluation service. If
the evaluation is rigorous and meets appropriate ABET accreditation standards,
the The board may consider the degree as an approved engineering curriculum
or approved engineering technology curriculum program or approved
engineering technology program. The board reserves the right to reject,
for good cause, any evaluation submitted by the applicant.
B. Degrees earned within the United States for any nonapproved
engineering curriculum, related science curriculum, or nonapproved
engineering technology curriculum program, related science program, or
nonapproved engineering technology program of four years or more shall be
from an accredited college or university that is approved or accredited by the
Commission on Colleges, a regional or national accreditation association, or by
an accrediting agency that is recognized by the U.S. Secretary of Education.
18VAC10-20-240. Experience.
A. Each applicant shall complete the board's Professional
Engineer and Engineer-in-Training Experience Verification Form, documenting all
of his engineering experience. The information provided on the form shall
clearly describe the engineering work or research that he the
applicant personally performed; delineate his role in any group engineering
activity; provide an overall description of the nature and scope of his work;
and include a detailed description of the engineering work personally performed
by him. The experience must be obtained in an organization with an
engineering practice and must be verified on the board's experience
verification form by a licensed professional engineer in the organization's
engineering practice.
B. In general, the required experience shall be applied as follows:
Type of Experience |
Qualifying |
Nonqualifying |
1. Design experience |
A demonstrated use of engineering computation and problem-solving skills. |
Drafting of design by others. |
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A demonstrated use of engineering computation and problem-solving skills. |
The |
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Engineering of a character substantially equivalent to that required in the civilian sector for similar work. |
Nonengineering military training and supervision. |
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A demonstrated use of engineering computational and problem-solving skills. |
The |
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Work directed toward the identification and solution of practice problems in the applicant's area of engineering specialization including engineering analysis of existing systems or the design of new ones. |
The |
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Research conducted as part of a graduate or |
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For teaching experience to be considered qualifying by the
board, the applicant shall have taught in an engineering |
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Engineering experience gained during a |
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Experience in claims consulting, drafting, estimating, and field surveying. |
C. The board, in its sole discretion, may permit partial
credit for approved qualifying engineering experience obtained prior to
graduation from an engineering curriculum program. Partial credit
shall not exceed one-half of that required for any method of initial licensure.
18VAC10-20-260. Examinations.
A. Applications for original licensure or EIT designation
shall be received by the board in accordance with the following deadlines Applicants
who do not complete their application and receive their designation within the three
years from the date that they apply must reapply to the board as follows:
1. Students applying pursuant to 18VAC10-20-190 A shall
submit their applications to be received in the board's office no later than 60
days prior to the scheduled exam Applicants who reapply to the board no
later than six months after the end of their eligibility may be approved to sit
for the exam for an additional three years. The original application
requirements shall apply.
2. All other applications shall be received in the board's
office no later than 130 days prior to the scheduled exam Applicants who
do not meet the criteria of subdivision 1 of this subsection shall reapply to
the board and meet all entry requirements current at the time of reapplication.
3. All professional engineer applications shall be received in the board's office no later than 130 days prior to the scheduled exam.
B. The board is a member board of the National Council of Examiners for Engineering and Surveying (NCEES) and is authorized to administer the NCEES exams including the Fundamentals of Engineering exam and the Principles and Practice of Engineering exam.
C. Applicants approved by the board to sit for an exam
shall register and submit the required exam fee to be received by the board's
designee and shall follow NCEES procedures. Applicants not properly registered
will not be allowed to sit for the exam.
D. Applicants eligible for admission to both exams must
first successfully complete the Fundamentals of Engineering exam before being
admitted to the Principles and Practice of Engineering exam.
E. C. The exam may not be reviewed by
applicants. Unless authorized by NCEES rules and procedures, exam scores are
final and are not subject to change.
F. Applicants approved to sit for the exam shall be
eligible for a period of three years from the date of their initial approval.
Applicants who do not pass the exam during their eligibility period are no
longer eligible to sit for the exam. To become exam-eligible again, applicants
shall reapply to the board and meet all current entry requirements at the time
of reapplication. In addition to meeting current entry requirements upon
reapplication, applicants shall demonstrate successful completion of 16 hours
of educational activities that meet the requirements of 18VAC10-20-683 E and F.
18VAC10-20-270. Licensure by comity.
A. Applicants holding a valid license to practice engineering in other states or jurisdictions of the United States may be licensed provided they satisfy the provisions of this subsection. Applicants shall:
1. Submit to the board verifiable documentation that the education, experience, and exam requirements by which they were first licensed in the original jurisdiction were substantially equivalent to the requirements in Virginia at the same time;
2. Have passed an exam in another jurisdiction that was substantially equivalent to that approved by the board at the time of their original licensure;
3. Be in good standing in all jurisdictions where they are
currently licensed; and
4. Submit three references from professional engineers currently licensed in a state or other jurisdiction of the United States. The applicant shall only submit references given by professional engineers who have personal knowledge of the applicant's competence and integrity relative to his engineering experience; and
5. Satisfy all other applicable requirements of this chapter.
B. Applicants who do not meet the requirements for licensure in Virginia that were in effect at the time of their original licensure shall be required to meet the entry requirements current at the time the completed application for comity is received in the board's office.
18VAC10-20-295. Definitions.
"Absolute horizontal positional accuracy" means the value expressed in feet or meters that represents the uncertainty due to systematic and random errors in measurements in the location of any point on a survey relative to the defined datum at the 95% confidence level.
"Approved land surveying experience" means
progressive and diversified office and field training and experience
under the direct control and personal supervision of a licensed land surveyor.
This experience shall have been acquired in positions requiring the exercise of
independent judgment, initiative, and professional skill in the office and
field and written. Written verification of such work experience
shall be on forms provided by the board. Experience may be gained either prior
to or after education is obtained. Notwithstanding the definition of
"approved land surveying experience," the requirements set forth in
18VAC10-20-310 shall not be waived.
"Approved photogrammetric surveying or similar remote
sensing technology experience" means progressive and diversified office
and field training and experience in photogrammetric surveying or similar
remote sensing technology under the direct control and personal supervision of
a licensed land surveyor or licensed surveyor photogrammetrist. This experience
shall have been acquired in positions requiring the exercise of independent
judgment, initiative, and professional skill in the office and field
and written. Written verification of such work experience shall be
on forms provided by the board. Experience may be gained either prior to or
after education is obtained. Notwithstanding the definition of "approved
photogrammetric surveying or similar remote sensing technology
experience," the requirements set forth in 18VAC10-20-310 shall not be
waived.
"Relative horizontal positional accuracy" means the value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95% confidence level.
18VAC10-20-300. Requirements for surveyor-in-training (SIT)
designation.
A. In order to be approved to sit for the Fundamentals of
Land Surveying (FLS) exam, applicants must Applicants who do not
complete their applications and receive their designations within the three
years from the date that they apply must reapply and satisfy one of the
following:
1. Be enrolled in a board-approved or ABET-accredited an
EAC/ABET-accredited surveying or surveying technology curriculum program
acceptable to the board, have 12 months or less remaining before completion
of degree requirements, and provide a certificate of good standing from the
dean of the school or his the dean's designee;
2. Have earned an undergraduate degree from a board-approved
or ABET-accredited an EAC/ABET-accredited surveying or surveying
technology curriculum program acceptable to the board;
3. Have earned a board-approved an undergraduate
degree related to surveying acceptable to the board and possess a minimum
of one year of approved land surveying experience;
4. Have earned an undergraduate degree in a field unrelated to surveying in conjunction with an additional 30 credit hours in an approved surveying program acceptable to the board and possess a minimum of two years of approved land surveying experience;
5. Have earned a board-approved undergraduate degree in a field unrelated to surveying and possess a minimum of two years of approved land surveying experience;
5. 6. Have earned a board-approved associate's
degree related to surveying and possess a minimum of four years of approved
land surveying experience;
6. 7. Have successfully completed a
board-approved survey apprenticeship program. The apprenticeship program shall
include a minimum of 480 hours of surveying-related classroom instruction with
a minimum of six years of approved land surveying experience; or
7. 8. Have graduated from high school with
evidence of successful completion of courses in algebra, geometry, and
trigonometry, and possess a minimum of eight years of approved land
surveying experience.
B. Applicants seeking approval to sit for the FLS Fundamentals
of Surveying (FS) exam pursuant to subdivisions A 3 through 7 A 8
of this section may apply board-approved college credits to help meet the
experience requirement. The maximum rate of college credit substitution for
experience shall be one year of experience credit for each 40 credit
hours of board-approved college credits completed. College credits applicable
toward the completion of any degree used to satisfy a requirement of subsection
A of this section shall not be eligible for experience substitution.
C. An applicant who qualified for the FLS exam under
subdivision A 1 of this section will be issued the SIT designation upon the
board's receipt of the applicant's degree verification. All other
applicants shall receive the SIT designation upon passing the FLS exam, FS,
receiving approval from a board reviewed application, and meeting all other
board requirements.
18VAC10-20-310. Requirements for the land surveyor and surveyor photogrammetrist licenses.
A. Land surveyor license.
1. An SIT A surveyor-in-training (SIT) who has
met the requirements of 18VAC10-20-300 and has a minimum of four years of
approved land surveying experience shall be approved to sit for an exam in
the Principles and Practice of Land Surveying and the Virginia-specific land
surveying exam:
a. The Principles and Practice of Land Surveying exam;
b. The Virginia-specific land surveying exam; and
c. The board supplied exam on regulations.
2. A qualified applicant shall be granted a license to practice
land surveying upon passing both exams all three exams and meeting
all other board requirements.
B. Surveyor photogrammetrist license.
1. An SIT who has met the requirements of 18VAC10-20-300 and
has a minimum of four years of approved photogrammetric surveying or similar
remote sensing technology experience shall be approved to sit for the
board-approved surveyor photogrammetrist exam and the Virginia-specific
photogrammetrist exam. the following board-approved exams:
a. The Principles and Practice of Land Surveying;
b. The Virginia-specific land surveying exam; and
c. The board supplied exam on regulations.
2. A qualified applicant shall be granted a license to practice
photogrammetric surveying upon passing both exams all three exams and
meeting all other board requirements.
18VAC10-20-320. Requirements for the land surveyor B license.
A. An applicant shall:
1. Hold a valid Virginia license as a land surveyor for
two years;
2. Present satisfactory evidence of a minimum of two years of land surveying experience that is progressive in complexity in land surveyor B land surveying, as provided in § 54.1-408 of the Code of Virginia, under the direct control and personal supervision of a licensed land surveyor B or professional engineer;
3. Present satisfactory evidence of having passed college-level courses in hydrology and hydraulics that are acceptable to the board; and
4. Pass an exam developed by the board.
B. A qualified applicant shall be issued a land surveyor B license upon passing the board-developed exam.
18VAC10-20-330. Education.
An applicant who is seeking credit for a degree earned from an
institution outside of the United States shall have his degree authenticated
and evaluated by an education evaluation service approved by the board. The board
reserves the right to reject, for good cause, any evaluation submitted
by the applicant. Any cost of evaluation shall be borne by the applicant.
18VAC10-20-340. Experience standards.
In order to demonstrate meeting the experience requirements of 18VAC10-20-300, 18VAC-10-20-310, and 18VAC10-20-320, applicants shall document experience that has been gained under the direct control and personal supervision of a licensed land surveyor or licensed surveyor photogrammetrist on the appropriate board-provided forms. Experience shall be verified by a licensed land surveyor or licensed surveyor photogrammetrist in an organization with a surveying practice and will be evaluated by the board in accordance with 18VAC10-20-35.
18VAC10-20-345. References.
Applicants shall submit three references on a board-approved form with the application, all of which shall be from currently licensed land surveyors in a state or other jurisdiction of the United States. In addition to the requirements found in 18VAC10-20-25, the applicant shall only submit references from licensed land surveyors who have personal knowledge of the applicant's surveying experience that demonstrates the applicant's competence and integrity.
18VAC10-20-350. Examinations.
A. Applications for original initial licensure
shall be received by the board in accordance with the following deadlines:
1. Applications Applicants for the SIT surveyor-in-training
designation submitted pursuant to 18VAC10-20-300 A shall be received in the
board's office no later than 60 days prior to the scheduled exam are
eligible to sit for the Fundamentals of Surveying (FS) exam.
2. Upon successful completion of the FS exam, applicants who qualify may apply to sit for the other surveying exams.
3. All other applications for the
Virginia-specific exam shall be received in the board's office no later
than 130 days prior to the scheduled exam.
B. The board is a member board of the National Council of
Examiners for Engineering and Surveying (NCEES) and is authorized to
administer the NCEES exams including the Fundamentals of Land Surveying exam
and the Principles and Practice of Land Surveying exam Applicants approved to
sit authorizes NCEES to administer the national surveying related exam.
Applicants sitting for the exam shall follow NCEES procedures.
C. The exam exams for Virginia board
regulations, the Virginia-specific, the surveyor photogrammetrist, and the
land surveyor B shall be given at times designated by the board.
D. Unless otherwise stated, applicants approved to sit for an exam must register and submit the required exam fee to be received by the board or the board's designee at a time designated by the board. Applicants not properly registered will not be allowed to sit for the exam.
E. The exam shall not be reviewed by applicants. Unless authorized by NCEES rules and procedures, exam scores are final and are not subject to change.
F. Applicants approved to sit for the exam shall be eligible
for a period of three years from the date of their initial approval. Applicants
who do not pass the exam during their eligibility period are no longer eligible
to sit for the exam. To become exam-eligible again, applicants shall reapply to
the board and meet all current entry requirements at the time of
reapplication. In addition to meeting the current entry requirements upon
reapplication, applicants shall, meet all current entry requirements,
and demonstrate successful completion of 16 hours of educational activities
that meet the requirements of 18VAC10-20-683 E and F.
18VAC10-20-360. Licensure by comity.
A. Applicants holding a valid license to practice land surveying in another state or other jurisdiction of the United States may be licensed as a land surveyor in Virginia. To become licensed, applicants shall:
1. Submit to the board verifiable documentation that the education, experience, and exam requirements by which they were first licensed in the original jurisdiction were substantially equivalent to the requirements in Virginia at the same time;
2. Have passed an exam in another jurisdiction that was substantially equivalent to that approved by the board at the time of the original licensure;
3. Be in good standing in all jurisdictions where licensed;
4. Pass a the Virginia-specific exam; and
5. Satisfy all other applicable requirements of this chapter.
B. Applicants who do not meet the requirements for licensure in Virginia that were in effect at the time of their original licensure shall be required to meet the entry requirements current at the time the completed application for comity is received in the board's office;
C. Applicants holding a current license to practice land surveying or photogrammetric surveying issued by another state or other jurisdiction of the United States may be licensed in Virginia as a surveyor photogrammetrist provided they meet one of the following criteria:
1. Applicants who were originally licensed prior to December 1, 2009, shall meet the requirements of the board's regulations effective December 1, 2008, and pass the Virginia-specific exam; or
2. Applicants who were originally licensed on or after December 1, 2009, shall meet the requirements of the board's regulations effective at the time of original licensure and pass the Virginia-specific exam.
18VAC10-20-370. Minimum standards and procedures for land boundary surveying practice.
A. The minimum standards and procedures set forth in this
section are to be used for land boundary surveys performed in the Commonwealth of
Virginia. The application of the professional's seal, signature, and
date as required by these regulations shall be evidence that the land boundary
survey is correct to the best of the professional's knowledge, information, and
belief, and complies with the minimum standards and procedures set forth
in this chapter.
B. Research procedure. The professional shall search the land
records for the proper description of the land to be surveyed and obtain the
description of adjoining land(s) land as it pertains to the
common boundaries. The professional shall have the additional responsibility to
utilize such other available data pertinent to the survey being performed from
any other known sources. Evidence found, from all known sources,
including evidence found in the field, shall be carefully compared in order to
aid in the establishment of the correct boundaries of the land being surveyed.
The professional shall clearly identify on the plats, maps, and reports
inconsistencies found in the research of common boundaries between the land
being surveyed and the adjoining land(s) land. It is not the
intent of this regulation to require the professional to research the question
of title or encumbrances on the land involved.
C. Minimum field procedures.
1. Angular measurement. Angle measurements made for traverse or
land boundary survey lines will be made by using a properly adjusted
transit-type instrument which that allows a direct reading to a
minimum accuracy of 30 20 seconds of arc or metric
equivalent. The number of angles turned at a given station or corner will be
the number which that, in the judgment of the professional, can
be used to substantiate the average true angle considering the condition of the
instrument being used and the existing field conditions.
2. Linear measurement. Distance measurement for the lines of
traverse or lines of the land boundary survey shall be made (i) with
metal tapes which that have been checked and are properly
calibrated as to incremental distances, or (ii) with properly calibrated
electronic distance measuring equipment following instructions and procedures
established by the manufacturer of such equipment. All linear measurements
shall be reduced to the horizontal plane, and other necessary corrections shall
be performed before using such linear measurements for computing purposes.
3. Field traverse and land boundary closure and accuracy standards. For a land boundary survey located in a rural area, the maximum permissible error of closure for a field traverse shall be one part in 10,000 (1/10,000). The attendant angular closure shall be that which will sustain the one part in 10,000 (1/10,000) maximum error of closure. For a land boundary survey located in an urban area, the maximum permissible error of closure for a traverse shall be one part in 20,000 (1/20,000). The attendant angular closure shall be that which will sustain the one part in 20,000 (1/20,000) maximum error of closure.
The maximum permissible positional uncertainty based on the 95% confidence level of any independent boundary corner or independent point located on a boundary that has been established by utilizing global positioning systems shall not exceed the positional tolerance of 0.07 feet (or 20 mm + 50 ppm).
4. Monumentation. As a requisite for completion of the work product, each land boundary survey of a tract or parcel of land shall be monumented with objects made of permanent material at all corners and changes of direction on the land boundary with the exceptions of meanders, such as meanders of streams, tidelands, lakes, swamps and prescriptive rights-of-way, and each such monument, other than a natural monument, shall, when physically feasible, be identified by a temporary witness marker. Where it is not physically feasible to set actual corners, appropriate reference monuments shall be set, preferably on line, and the location of each shall be shown on the plat or map of the land boundary.
All boundaries, both exterior and interior, of the original survey for any division or partition of land shall be monumented in accordance with the provisions of this subdivision, when such monumentation is not otherwise regulated by the provisions of a local subdivision ordinance.
5. For land boundary surveys providing for a division when only the division, in lieu of the entire parcel, is being surveyed, any new corners established along existing property lines shall require that those existing property lines be established through their entire length. This shall include the recovery or reestablishment of the existing corners for each end of the existing property lines.
D. Office procedures.
1. Computations. The computation of field work data shall be accomplished by using the mathematical routines that produce closures and mathematical results that can be compared with descriptions and data of record. Such computations shall be used to determine the final land boundary of the land involved.
2. Plats and maps. The following information shall be shown on all plats and maps used to depict the results of the land boundary survey:
a. The title of the land boundary plat identifying the land surveyed and showing the district, town, and county or city in which the land is located and scale of drawing.
b. The name of the owner of record and recording references.
c. Names of all adjoining owners of record with recording references, or with subdivision name and lot designations and recording references.
d. Inconsistencies found in the research of common boundaries
between the land being surveyed and the adjoining land(s) land.
The inconsistencies shall be clearly noted by the professional.
e. Names of highways and roads with route number, and
widths of right-of-way, or distance to the center of the physical
pavement and pavement width, name of railroads, streams adjoining, crossing, or
in close proximity to the boundary and other prominent or well-known objects
that are informative as to the location of the land boundary.
f. A distance to the nearest road intersection, or
prominent or well-known object. In cases of remote areas, a scaled position
with the latitude and longitude must be provided.
g. Items crossing any property lines such as, but not limited
to, physical encroachments, and evidence of easements such as utilities
and other physical features pertinent to the boundary of the property.
h. Bearings of all property lines and meanders to nearest 10
seconds one second of arc or metric equivalent.
i. Adequate curve data to accomplish mathematical closures.
j. Distances of all property lines and meanders to the nearest
one hundredth (.01) of a foot or metric equivalent.
k. Pursuant to subdivision C 5 of this section, the bearing and distances from the new corners to the existing corners on each end of the existing property lines.
l. For property located in rural areas, area to the nearest
hundredth (.01) of an acre or metric equivalent.
m. For property located in urban areas, area to the nearest
square foot or thousandth (0.001) of an acre or metric equivalent.
n. North arrow and source of meridian used for the survey.
o. For interior surveys, a reference bearing and distance to a
property corner of an adjoining owner or other prominent object, including, but
not limited to, intersecting streets or roads.
p. Tax map designation or geographic parcel identification number if available, for surveyed parcel and adjoining parcels.
q. Description of each monument found and each monument set by the professional.
r. A statement that the land boundary survey shown is based on a current field survey or a compilation from deeds, plats, surveys by others, or combination thereof. If the land boundary shown is a compilation from deeds or plats, or a survey by others, the title of the plat shall clearly depict that the plat does not represent a current land boundary survey.
s. A statement as to whether a current title report has been furnished to the professional.
t. A statement as to whether any or all easements, encroachments, and improvements are shown on the plat.
u. Name and, address of, and
contact information for the land surveyor or the registered business.
v. The professional's seal, signature and date.
3. Metes and bounds description. The professional shall prepare
a metes and bounds description in narrative form, if requested by the client or
his the client's agent, for completion of any newly performed
land boundary survey. The description shall reflect all metes and bounds, the
area of the property described, all pertinent monumentation, names of record owners
or other appropriate identification of all adjoiners, and any other data or
information deemed as warranted to properly describe the property. Customarily,
the metes and bounds shall be recited in a clockwise direction around the
property. The professional shall clearly identify in the metes and bounds
description any inconsistencies found in the research of common boundaries
between land being surveyed and the adjoining land or lands. For
subdivisions, the professional shall prepare a metes and bounds description in
narrative form for only the exterior boundaries of the property.
No metes and bounds description shall be required for the verification or resetting of the corners of a lot or other parcel of land in accordance with a previously performed land boundary survey, such as a lot in a subdivision where it is unnecessary to revise the record boundaries of the lot.
18VAC10-20-380. Minimum standards and procedures for surveys determining the location of physical improvements; field procedures; office procedures.
A. The following minimum standards and procedures are to be
used for surveys determining the location of physical improvements on any
parcel of land or lot containing less than two acres or metric
equivalent (sometimes also known as "building location survey,"
"house location surveys," "physical surveys," and the
like) etc.) in the Commonwealth of Virginia. The application of the
professional's seal, signature, and date as required by these
regulations this chapter shall be evidence that the survey
determining the location of physical improvements is correct to the best of the
professional's knowledge, information, and belief, and complies with the
minimum standards and procedures set forth in this chapter.
B. The professional shall determine the position of the lot or parcel of land in accordance with the intent of the original survey and shall set or verify permanent monumentation at each corner of the property, consistent with the monumentation provisions of subdivision C 4 of 18VAC10-20-370. All such monumentation, other than natural monumentation shall, when physically feasible, be identified by temporary witness markers.
When the professional finds discrepancies of sufficient magnitude to warrant, in his opinion, the performance of a land boundary survey (pursuant to the provisions of 18VAC10-20-370), he shall so inform the client or the client's agent that such land boundary survey is deemed warranted as a requisite to completion of the physical improvements survey.
The location of the following shall be determined in the field:
1. Fences in near proximity to the land boundary lines and
other fences which that may reflect lines of occupancy or
possession.
2. Other physical improvements on the property and all man-made or installed structures, including buildings, stoops, porches, chimneys, visible evidence of underground features (such as manholes, catch basins, telephone pedestals, power transformers, etc.), utility lines, and poles.
3. Cemeteries, if known or disclosed in the process of
performing the survey; roads or travelways traveled ways crossing
the property which that serve other properties; and streams,
creeks, and other defined drainage ways.
4. Other visible evidence of physical encroachment on the property.
C. The plat reflecting the work product shall be drawn to scale and shall show the following, unless requested otherwise by the client and so noted on the plat:
1. The bearings and distances for the boundaries and the area of the lot or parcel of land shall be shown in accordance with record data, unless a current, new land boundary survey has been performed in conjunction with the physical improvements survey. If needed to produce a closed polygon, the meander lines necessary to verify locations of streams, tidelands, lakes, and swamps shall be shown. All bearings shall be shown in a clockwise direction, unless otherwise indicated.
2. North arrow, in accordance with record data.
3. Fences in the near proximity to the land boundary lines and
other fences which that may reflect lines of occupancy or
possession.
4. Improvements and other pertinent features on the property as located in the field pursuant to subsection B of this section.
5. Physical encroachment, including fences, across a property line shall be identified and dimensioned with respect to the property line.
6. The closest dimension (to the nearest 0.1 foot or metric
equivalent) from the front property line, side property line, and if pertinent,
rear property line to the principal walls of each building. Also, all principal
building dimensions (to the nearest 0.1 foot or metric equivalent).
7. Building street address numbers, as displayed on the premises, or so noted if no numbers are displayed.
8. Stoops, decks, porches, chimneys, balconies, floor projections, and other similar type features.
9. Street name(s) names, as posted or currently
identified, and as per record data, if different from posted
name.
10. Distance to nearest intersection from a property corner, based upon record data. If not available from record data, distance to nearest intersection may be determined from best available data, and so qualified.
11. Building restriction or setback line(s) lines
per restrictive covenants, if shown or noted on the record subdivision
plat.
12. The caption or title of the plat shall include the type of
survey performed; lot number, block number, section number, and name of
subdivision, as appropriate, or if not in a subdivision, the name(s) names
of the record owner; town or, county, or city; date of survey;
and scale of drawing.
13. Adjoining property identification.
14. Easements and other encumbrances set forth on the record subdivision plat, and those otherwise known to the professional.
15. A statement as to whether or not a current title report has been furnished to the professional.
16. Inconsistencies found in the research or field work of
common boundaries between the land being surveyed and the adjoining land or
lands shall be clearly noted.
17. Name, address, and contact information for the individual or entity for whom the survey is being performed.
18. Professional's seal, signature, and date.
18. 19. Name and, address of,
and contact information for the land surveyor or registered business.
D. In performing a physical improvements survey, a professional shall not be required to set corner monumentation on any property when:
1. It is otherwise required to be set pursuant to the provisions of a local subdivision ordinance as mandated by § 15.2-2240 of the Code of Virginia or by subdivision A 7 of § 15.2-2241 of the Code of Virginia;
2. Its Eventual placement is covered by a surety
bond, cash escrow, set-aside letter, letter of credit, or other performance
guaranty; or
3. Exempt by § 54.1-407 of the Code of Virginia.
E. A professional performing a physical improvements survey when monumentation is not required as stated in subsection D of this section shall clearly note on the plat "no corner markers set," the reason why it is not required, and the name of guarantors.
18VAC10-20-382. Minimum standards and procedures for surveys determining topography; field procedures; office procedures.
A. The minimum standards and procedures set forth in this section
are to be used for topographic surveys performed in the Commonwealth of
Virginia pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code
of Virginia. The application of the professional's seal, signature, and date as
required by these regulations this chapter shall be evidence that
the topographic survey is correct to the best of the professional's knowledge
and belief and complies with the minimum standards and procedures.
B. Minimum field and office procedures. The following information shall be shown on, or contained in, all plats, maps, or digital geospatial data including metadata used to depict the results of the topographic survey:
1. Physical improvements on the property, all man-made or
installed structures, as well as visible evidence of underground features (such
as manholes, catch basins, telephone pedestals, power transformers, etc.), and
utility lines and poles shall be shown or depicted when they are visible based
on the methodology and scale. If the methodology or scale prevents depiction of
the above improvements as described in this subdivision, then
notice shall be clearly stated on or contained in the map, plat, or digital
geospatial data including metadata indicating the improvements that are not
depicted.
2. Elevations shall be provided as spot elevations, contours, or digital terrain models.
3. Onsite, or in close proximity, bench mark(s) benchmarks
shall be established with reference to vertical datum, preferably North
American Vertical Datum (NAVD), and shown in the correct location.
4. The title of the topographic survey identifying the land surveyed and showing the state, county, or city in which property is located.
5. Name, address, and contact information of the individual or entity for whom the survey is being performed.
6. Name, address, and contact information for the land surveyor or registered business.
7. Date, graphic scale, numerical scale, and contour interval of plat, map, or digital geospatial data including metadata.
7. 8. North arrow and source of meridian used for
the survey.
8. 9. Names or route numbers of highways,
streets and named waterways shall be shown.
9. 10. The horizontal and vertical unit of
measurement, coordinate system, and data, including adjustments if applicable.
10. 11. A statement, in the following form, shall
be shown on or contained in plats, maps, or digital geospatial data including
metadata:
This ________________ (provide description of the project) was
completed under the direct and responsible charge of
_______________________________ (Name of Professional) from an actual Ground
or Airborne Remote Sensing (check the one that is applicable)
survey made under my supervision; that the imagery and/or original data was
obtained on ______________ (Date); and that this plat, map, or digital
geospatial data including metadata meets minimum accuracy standards unless
otherwise noted.
C. Minimum positional accuracies shall be met in accordance with the tables in subdivisions 1, 2, and 3 of this subsection. These tables are not intended to be acceptable in all situations, and the professional shall be responsible to perform the work to the appropriate quality and extent that is prudent or warranted under the existing field conditions and circumstances. Metric or other unit of measurements shall meet an equivalent positional accuracy. Map or plat scales, or contour intervals, other than those defined in these tables shall meet an equivalent positional accuracy. The minimum positional accuracy tables are as follows:
1. Scale and contour interval combinations.
Map or Plat Scale |
Contour Interval |
1" = 20' |
1 or 2 feet |
1" = 30' |
1 or 2 feet |
1" = 40' |
1 or 2 feet |
1" = 50' |
1 or 2 feet |
1" = 100' |
1 or 2 feet |
1" = 200' |
2, 4, or 5 feet |
1" = 400' |
4, 5, or 10 feet |
2. Vertical accuracy standards.
|
Contours - Vertical Positional Accuracy |
Spot Elevations - Vertical Positional Accuracy |
Contour line 1' interval |
± 0.60 feet |
± 0.30 feet |
Contour line 2' interval |
± 1.19 feet |
± 0.60 feet |
Contour line 4' interval |
± 2.38 feet |
± 1.19 feet |
Contour line 5' interval |
± 2.98 feet |
± 1.49 feet |
Contour line 10' interval |
± 5.96 feet |
± 2.98 feet |
Positional Accuracy is given at the 95% confidence level. |
3. Horizontal accuracy standards.
Well defined ground points - Horizontal (Radial) Positional Accuracy |
||
Map or Plat Scale |
Absolute Horizontal Positional Accuracy |
Relative Horizontal Positional Accuracy |
1" = 20' |
± 0.8 feet |
± 0.20 feet |
1" = 30' |
± 1.1 feet |
± 0.30 feet |
1" = 40' |
± 1.5 feet |
± 0.40 feet |
1" = 50' |
± 1.9 feet |
± 0.50 feet |
1" = 100' |
± 3.8 feet |
± 1.00 feet |
1" = 200' |
± 7.6 feet |
± 2.00 feet |
1" = 400' |
± 15.2 feet |
± 4.00 feet |
Positional Accuracy is given at the 95% confidence level. |
18VAC10-20-392. Photogrammetric surveys or similar remote sensing technology.
The use of photogrammetric methods or similar remote sensing
technology to perform any part of the practice of land surveying as defined in Chapter
4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, shall be
performed under the direct control and supervision of a licensed land surveyor
or a licensed surveyor photogrammetrist.
18VAC10-20-420. Requirements for licensure.
A. Applicants for licensure as a landscape architect
shall satisfy the requirements of subsection B or C subdivision 1 or
2 of this section.
B. 1. An applicant who has graduated from a
landscape architecture curriculum program accredited by the
Landscape Architectural Accreditation Board (LAAB) shall have:
1. a. Obtained a minimum of 36 months of
experience as follows:
a. (1) A minimum of 12 months of experience
under the direct control and personal supervision of a licensed or certified
landscape architect; and
b. (2) The remaining 24 months of experience
under the direct control and personal supervision of a licensed or certified
landscape architect or a licensed architect, professional engineer, or land
surveyor, in accordance with the Landscape Architects Experience Credit
Table; and or
(3) In lieu of the provision in subdivisions 1 a (1) and 1 a (2) of this section, a minimum of 48 months of experience under the direct control and personal supervision of a licensed architect, professional engineer, or land surveyor; and
2. b. Passed all sections of the Council of
Landscape Architectural Registration Board (CLARB)-prepared exam.
C. 2. Applicants who have not graduated from a
LAAB-accredited landscape architecture curriculum program shall
have obtained a minimum of eight years of combined education and work
experience in accordance with this subsection.
1. a. Only semester and quarter hours with
passing grades scores shall be accepted. Credit shall be
calculated as follows:
a. (1) 32 semester credit hours or 48 quarter
credit hours shall be worth one year.
b. (2) Fractions greater than or equal to one
half-year, but less than one year, will be counted as one-half year.
c. (3) Fractions smaller than one half-year will
not be counted.
2. b. The maximum years indicated in
subdivisions a through d of the LANDSCAPE ARCHITECTS EDUCATION CREDIT TABLE
shall apply regardless of the length of the degree program.
3. c. All applicants shall have a minimum of two
years of experience under the direct control and personal supervision of a
licensed or certified landscape architect.
4. d. Education and experience shall be
evaluated against the LANDSCAPE ARCHITECTS EDUCATION CREDIT TABLE and the
LANDSCAPE ARCHITECTS EXPERIENCE CREDIT TABLE to determine if an applicant has
met the minimum eight years required in this subsection.
LANDSCAPE ARCHITECTS EDUCATION CREDIT TABLE |
||
Categories |
Values |
Examples |
|
Credit shall be given at the rate of 100% with a maximum of four years allowable. |
An applicant has 86 semester hours of credit. Calculation: ♦ 86/32 = 2.6875 years ♦ 100% credit for a maximum of four years (2.6875 x 100% = 2.6875 years). ♦ 0.6875 is ≥ 0.5 years, which is worth 0.5 years. Final result: 86 semester hours equals 2.5 years. |
|
||
|
Credit shall be given at the rate of 75% for the first two years and 100% for succeeding years with a maximum of three years allowable. |
An applicant has 101 semester hours of credit. Calculation: ♦ 101/32 = 3.15625 years ♦ 75% credit for the first two years (2 x 75% = 1.5 years). ♦ 100% credit for succeeding years (1.15625 x 100% = 1.15625 years). ♦ 1.5 + 1.15625 = 2.65625 years. ♦ 0.65625 is ≥ 0.5 years, which is worth 0.5 years. Final result: 101 semester hours equals 2.5 years. |
|
Credit shall be given at the rate of 50% for the first two years and 75% for succeeding years with a maximum of two years allowable. |
An applicant has 95 semester hours of credit. Calculation: ♦ 95/32 = 2.96875 years ♦ 50% credit for the first two years (2 x 50%= 1 year). ♦ 75% credit for succeeding years (.96875 x 75%= .72656 years). ♦ 1 +.72656 = 1.72656 years. ♦ 0.72656 is ≥ 0.5 years, which is worth 0.5 years. Final result: 95 semester hours equals 1.5 years. |
LANDSCAPE ARCHITECTS EXPERIENCE CREDIT TABLE |
||
Categories |
Values |
Examples |
|
Credit shall be given at the rate of 100% of work experience gained with no maximum. |
An applicant worked under a landscape architect for 3.7 years. Calculation: 3.7 years x 100% = 3.7 years (no maximum). Final result: An applicant with 3.7 years of work experience will be credited for the entire 3.7 years. |
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Credit shall be given at the rate of 50% of work experience gained with a maximum of four years allowable. |
An applicant has worked under a land surveyor for eight years or more. Calculation: 8 years x 50% = 4 years. Final result: eight years or more of experience is worth only four years based on the maximum allowable. |
18VAC10-20-425. References.
In addition to the requirements found in 18VAC10-20-25,
applicants shall submit three references with the application, each from a
currently licensed one of which shall be from a currently licensed,
certified, or registered landscape architect in another a
state or other jurisdiction of the United States. An applicant shall only
submit references from landscape architects who have a licensed
professional engineer, architect, land surveyor, or a landscape architect who
has personal knowledge of his the applicant's competence and
integrity relative to his landscape architectural experience.
18VAC10-20-430. Experience standard.
Qualifying landscape architectural training and experience shall be progressive in complexity and based on knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture.
The experience must be obtained in an organization with a landscape architecture practice and must be verified on the board experience verification form by a licensed landscape architect, professional engineer, architect, or land surveyor in the organization's practice.
18VAC10-20-440. Examination.
A. Applicants with a LAAB-accredited degree may be approved to
sit for the exam prior to completing the 36-month experience requirement
contained in subdivision 1 a of 18VAC10-20-420 B 1.
B. The Virginia board is a member of the Council of Landscape
Architectural Registration Boards (CLARB) and is authorized to administer
the CLARB make available the CLARB prepared exams. All applicants
for original licensure in Virginia are required to pass the CLARB-prepared
exam.
C. Applicants approved to sit for the exam shall register and submit the required exam fee to be received in the board office, or by the board's designee. Applicants not properly registered will not be allowed to sit for the exam.
D. Grading of the exam shall be in accordance with the
national grading procedures established administered by CLARB.
The board shall adopt utilize the scoring procedures recommended
by CLARB.
E. Applicants shall be advised only of their passing or failing score and the CLARB minimum passing score.
F. Upon written request to the board within 30 days of
receiving exam results, applicants will be permitted to view the performance
problems contained within the section that they failed. Exam appeals are permitted
in accordance with the CLARB score verification process. The board may
approve transfer credits for parts of the exam taken and passed in accordance
with national standards.
G. Applicants approved to sit for the exam shall be eligible for a period of three years from the date of their initial approval. Applicants who do not pass all sections of the exam during their eligibility period are no longer eligible to sit for the exam. To become exam-eligible again, applicants shall reapply to the board as follows:
1. Applicants who have taken at least one section of the exam and who reapply to the board no later than six months after the end of their eligibility may be approved to sit for the exam for an additional three years. The original application requirements shall apply.
2. Applicants who do not meet the criteria of subdivision 1 of this subsection shall reapply to the board and meet all entry requirements current at the time of reapplication.
18VAC10-20-450. Licensure by comity.
A. Applicants with a valid license in good standing to practice landscape architecture issued by another state or other jurisdiction of the United States may be licensed by the board without further examination provided they:
1. Were issued the original license based on requirements that
do not conflict with and that are substantially equivalent to the board's
regulations that were in effect at the time of original licensure; and
2. Passed an exam in another jurisdiction that was
substantially equivalent to that approved by the board at that time; or met
the regulations in effect at that time; and
3. Possess a CLARB certificate.
B. Applicants who do not qualify under subsection A of this section shall be required to meet current entry requirements at the time the application for comity is received in the board's office.
Part VII
Qualifications for Certifying of Interior Designers
18VAC10-20-460. Definitions.
The following words, terms, and phrases when used in this part shall have the meanings ascribed to them except where the context clearly indicates or requires different meanings.
"CIDA" means the Council for Interior Design
Accreditation (CIDA), formerly known as the Foundation of Interior
Design Education Research (FIDER).
"Diversified experience" includes the
identification, research, and creative solution of problems pertaining
to the function and quality of the interior environment including, but not
limited to, code analysis, fire safety consideration, and barrier free
evaluations that relate to the health, safety, and welfare of the public.
"Monitored experience" means diversified experience
in interior design under the direct control and personal supervision of a
certified or licensed interior designer, an architect, or a
professional engineer.
"Professional program approved by the board" means an evaluated degree or combination of evaluated degrees as follows:
1. A minimum of an undergraduate degree in an interior design
program that is deemed by the board to be substantially equivalent to an
undergraduate degree in interior design from a CIDA-accredited institution
at the time of the applicant's graduation program; or
2. A graduate degree from a CIDA-accredited program; or
3. A graduate degree in interior design plus an
undergraduate degree that is a in combination are deemed
by the board to be substantially equivalent to an undergraduate degree program
from a CIDA-accredited institution program at the time of the
applicant's graduation.
For the purposes of this definition, a degree program that met CIDA accreditation requirements not later than two years after the date of the applicant's graduation shall be determined to be CIDA accredited.
18VAC10-20-490. Requirements for certification.
A. Applicants shall meet one of the following education
requirements: A degree from a professional program approved by the
board.
1. Have graduated from a program accredited by CIDA;
2. Have graduated from a program accredited by an
organization equivalent to CIDA; or
3. Have graduated from a professional degree program
approved by the board.
B. The board reserves the right to reject any evaluation submitted. Any costs attributable to evaluation shall be borne by the applicant.
C. Applicants shall possess a minimum of two years of monitored experience. Any monitored experience gained under the direct control and personal supervision of a professional engineer shall be reduced by 50% and shall not account for more than six months of the two years required by this subsection.
C. D. Applicants shall have passed the
board-approved exam and provide documentation acceptable to the board verifying
that the exam has been passed.
D. Any cost of evaluation of degrees shall be borne by the
applicant. The board reserves the right to reject, for good cause, any
evaluation submitted.
18VAC10-20-495. Examination.
A. The National Council of Interior Design Qualification (NCIDQ)
exam is approved by the board.
B. Applicants shall apply directly to NCIDQ the
Council for Interior Design Qualifications for the exam.
18VAC10-20-505. Certification by comity.
An applicant with a valid license or certificate in another
state or country or the District of Columbia may be issued a certificate if he
provides satisfactory evidence to the board that: 1. The Applicants who
hold a license or certificate in good standing in another jurisdiction of the
United States or province of Canada may be issued a certificate if the board is
provided with satisfactory evidence that the license or certificate was
issued based on qualifications equal to those required by this chapter as of
the date the application is received by the board; and 2. The license or
certificate is in good standing.
Part VIII
Qualifications for Registration as a Professional Corporation
18VAC10-20-510. Definitions. (Repealed.)
Section 13.1-543 of the Code of Virginia provides the definition of the following term:
Professional Corporation ("P.C.")
The following words, terms, and phrases when used in this part shall have the meanings ascribed to them except where the context clearly indicates or requires different meanings:
"Employee" of a corporation, for purposes of stock ownership, is a person regularly employed by the corporation who devotes 60% or more of his gainfully employed time to that of the corporation.
"Registration" means a certificate of authority issued by the board to transact business in Virginia pursuant to § 13.1-549 of the Code of Virginia.
18VAC10-20-520. Fee schedule. (Repealed.)
All fees are nonrefundable and shall not be prorated.
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18VAC10-20-530. Application requirements. (Repealed.)
A. All applicants shall be incorporated in the Commonwealth of Virginia or, if a foreign professional corporation, shall have a certificate of authority to conduct business in Virginia from the State Corporation Commission in accordance with § 13.1-544.2 of the Code of Virginia. The corporation shall be in good standing with the State Corporation Commission at the time of application to the board office and at all times when the board registration is in effect.
B. Each application shall include:
1. For applicants incorporated in Virginia, the applicant shall provide a copy of its articles of incorporation, bylaws, or charter, and the certificate of incorporation issued by the Virginia State Corporation Commission.
2. For applicants incorporated in a state other than Virginia, the applicant shall provide a copy of its articles of incorporation, bylaws, or charter, the certificate of incorporation issued by the foreign state of incorporation, and the certificate of authority issued by the Virginia State Corporation Commission.
C. Articles of incorporation or bylaws.
1. The articles of incorporation or bylaws shall specifically state that cumulative voting is prohibited.
2. The bylaws shall affirmatively state that the professional corporation meets the requirements of § 13.1-549 of the Code of Virginia.
3. The bylaws shall state that nonlicensed or noncertified individuals will not have a voice or standing in any matter affecting the practice of the corporation requiring professional expertise, in any matter constituting professional practice, or both.
D. The board of directors shall meet the following requirements:
1. A corporation may not elect to its board of directors more than one-third of its members who are employees of the corporation and are not authorized to render professional services;
2. At least two-thirds of the board of directors shall be licensed to render the services of an architect, professional engineer, land surveyor, or landscape architect or be duly certified to use the title of certified interior designer, or any combination thereof; and
3. At least one director, currently licensed or certified in each profession offered or practiced, shall be resident at the business to provide effective supervision and control of the final professional product.
E. Joint ownership of stock. Any type of joint ownership of the stock of the corporation is prohibited. Ownership of stock by nonlicensed or noncertified employees shall not entitle those employees to vote in any matter affecting the practice of the professions herein regulated.
F. The name of the business and any assumed, fictitious, trading as, or doing business as names of the firm shall be disclosed on the application.
G. Any branch office offering or rendering professional services shall complete a branch office registration application from the board. Each branch office shall have a responsible person resident at the branch office for each profession offered or rendered.
18VAC10-20-550. Foreign corporations. (Repealed.)
A. The bylaws shall state that the foreign corporation's activities in Virginia shall be limited to rendering the services of architects, professional engineers, land surveyors, landscape architects, certified interior designers, or any combination thereof.
B. Foreign corporations shall not be required to have two-thirds of its stockholders be licensed or certified to perform professional services in Virginia but must meet all other requirements of this chapter.
C. Foreign corporations shall provide the name, address, and Virginia license or certificate number of each stockholder or employee of the corporation who will be offering or providing the professional services in Virginia.
18VAC10-20-560. Amendments and changes. (Repealed.)
A. Amendments to charter, articles of incorporation or bylaws. A corporation holding a registration to practice in one or in any combination of the professions covered in these regulations shall file with the board, within 30 days of its adoption, a copy of any amendment to the articles of incorporation, bylaws or charter.
B. Change in directors or shareholders. The following shall apply to the board-issued registration upon the event of any change in directors or shareholders whether the change is temporary or permanent, caused by death, resignation, or otherwise:
1. The professional corporation shall notify the board within 30 days of any change in its directors or shareholders;
2. In the event of a change in the corporate directors or shareholders, the board-issued registration shall be limited to the professional practices permitted by those pertinent licenses or certificates held by the remaining directors and shareholders of the corporation unless an employee of the firm holds the appropriate license or certificate and is competent to render such professional services; and
3. In the event that a change results in the professional corporation's noncompliance with the requirements of this chapter and applicable statutes relating to ownership of capital stock or composition of the board of directors, the board-issued registration shall be automatically suspended until such time as the corporation comes into compliance with this chapter.
C. Change of name, address and place of business. The professional corporation shall notify the board, in writing, within 30 days of any of the following changes at each place of business:
1. Any change of name (including assumed names), address, place of business in Virginia, or responsible person of the profession offered or practiced; and
2. Any change in the employment status of a licensed or certified employee responsible for professional practice.
Part IX
Qualifications for Registration as a Professional Limited Liability Company
18VAC10-20-570. Definitions. (Repealed.)
A. Section 13.1-1102 of the Code of Virginia provides the
definition of the following term:
Professional Limited Liability Company ("P.L.C.,"
"PLC," "P.L.L.C.," or "PLLC")
B. The following words, terms, and phrases when used in
this part shall have the meanings ascribed to them except where the context
clearly indicates or requires different meanings:
"Manager" is a person or persons designated by
the members of a limited liability company to manage the professional limited
liability company as provided in the articles of organization or an operating
agreement, and who is duly licensed or otherwise legally authorized to render
one or more of the professional services of architects, professional engineers,
land surveyors, landscape architects, or certified interior designers in the
Commonwealth of Virginia.
"Member" means an individual or professional
business entity that owns an interest in a professional limited liability
company.
"Registration" means a certificate of authority
issued by the board to transact business in Virginia pursuant to § 13.1-1111 of
the Code of Virginia.
18VAC10-20-575. Registration required. (Repealed.)
Any professional limited liability company offering or rendering professional services in the Commonwealth of Virginia shall register with the board. Professional services shall include architecture, engineering, land surveying, landscape architecture, and interior design.
18VAC10-20-580. Fee schedule. (Repealed.)
All fees are nonrefundable and shall not be prorated.
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18VAC10-20-590. Application requirements. (Repealed.)
A. All applicants shall have a certificate of organization in the Commonwealth of Virginia or, if a foreign professional limited liability company, shall have a certificate of authority to conduct business in Virginia from the State Corporation Commission, in accordance with § 13.1-1105 of the Code of Virginia. The company shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the board registration is in effect.
B. Each application shall include a copy of the articles of organization or operating agreement. Applications shall also include additional information as follows:
1. Applicants organized as a professional limited liability company in Virginia shall provide a copy of the certificate of organization.
2. Applicants organized as a professional limited liability company in a state other than Virginia shall provide a copy of the certificate of authority issued by the Virginia State Corporation Commission.
C. Articles of organization or operating agreement.
1. The articles of organization or operating agreement shall state the specific purpose of the professional limited liability company.
2. The articles of organization or operating agreement shall affirmatively state that the professional limited liability company meets the requirements of § 13.1-1111 of the Code of Virginia.
3. The articles of organization or operating agreement shall attest that all members, managers, employees and agents who render professional services of architects, professional engineers, land surveyors, or landscape architects, or use the title of certified interior designers, are duly licensed or certified to provide those services.
4. The person executing the affidavit shall sign it and state beneath his signature his name and the capacity in which he signs. If the person signing the affidavit is not a manager of the PLLC, the affidavit shall also state that the individual has been authorized by the members of the PLLC to execute the affidavit for the benefit of the company.
D. Management of the PLLC.
1. Pursuant to § 13.1-1118 of the Code of Virginia, unless the articles of organization or operating agreement provides for management of the PLLC by a manager or managers, management shall be vested in its members.
2. Any manager or member must be licensed to render the same professional services within the Commonwealth for which the company was formed. These members or managers shall be the only members or managers authorized to supervise and direct the provision of professional services within the Commonwealth.
3. At least one member or manager currently licensed or certified in each profession offered or practiced shall be resident at the business to provide effective supervision and control of the final professional product.
E. The name of the business and any assumed, fictitious, trading as, or doing business as names of the firm shall be disclosed on the application.
F. Any branch office offering or rendering professional services shall complete a branch office registration application from the board. Each branch office shall have a resident responsible person at the branch office for each profession offered or rendered.
18VAC10-20-610. Foreign professional limited liability
companies. (Repealed.)
A. The articles of organization or operating agreement
shall state that the PLLC's activities in Virginia shall be limited to rendering
the professional services of architects, professional engineers, land
surveyors, landscape architects, certified interior designers, or any
combination thereof.
B. The foreign PLLC shall meet every requirement of §
13.1-1111 of the Code of Virginia except for the requirement that two-thirds of
its members and managers be licensed or certified to perform the professional
service in this Commonwealth.
C. The PLLC shall provide the name, address, and Virginia
license or certificate number of each manager or member who will be providing
the professional service(s) in Virginia.
18VAC10-20-620. Amendments and changes. (Repealed.)
A. A PLLC holding a registration to practice in any
combination of the professions covered in these regulations shall file with the
board a copy of any amendment to the articles of organization, operating
agreement, or certificate of organization within 30 days of its adoption.
B. Change of managers or members of the PLLC. The following
shall apply to the board-issued registration upon the event of any change in
members or managers whether the change is temporary or permanent, caused by
death, resignation, or otherwise:
1. The PLLC shall notify the board within 30 days of any
change in its members or managers;
2. In the event of a change in the members or managers, the
board-issued registration shall be limited to the professional practices
consistent with the licenses or certificates held by the remaining members or
managers of the PLLC unless an employee of the firm holds the appropriate
license or certificate and is competent to render such professional services;
and
3. In the event that a change results in the PLLC's
noncompliance with the requirements of this chapter and applicable statutes
relating to ownership of the membership interests, the board-issued
registration shall be automatically suspended until such time as the PLLC comes
into compliance with this chapter.
C. Change of name, address, or place of business. The PLLC
shall notify the board, in writing, within 30 days of any of the following
changes at each place of business:
1. Any change of name (including assumed names), address,
place of business in Virginia, or responsible person of the profession offered
or practiced; and
2. Any change in the employment status of a licensed or
certified employee responsible for professional practice.
Part X Part VIII
Qualifications for Registration as a Business Entity Other Than a
Professional Corporation and Professional Limited Liability Company
18VAC10-20-627. Registration required.
Any business entity, which is not a professional corporation
or professional limited liability company but is offering or practicing
architectural, engineering, surveying, landscape architectural, or interior
design offering or rendering professional services in the Commonwealth of
Virginia, shall register with the board. Professional services shall
include architecture, engineering, land surveying, landscape architecture, or
interior design.
18VAC10-20-630. Fee schedule.
All fees are nonrefundable and shall not be prorated.
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18VAC10-20-640. Application requirements.
A. In accordance with § 54.1-411 of the Code of Virginia,
any entity that is not a PC, PLLC, or sole proprietorship that does not employ
other individuals for which licensing is required shall register with the board.
This includes, but is not limited to, any corporation, partnership, limited
liability company, joint ventures, or nonprofit.
B. Partnerships. Applications for registration as a
partnership shall include a copy of the partnership agreement, which shall
state that all professional services of the partnership shall be under the
direct control and personal supervision of a licensed or certified
professional.
C. Limited partnerships. Applications for registration as a
limited partnership shall include:
1. A copy of the partnership agreement that shall state that
all professional services of the limited partnership shall be under the direct
control and personal supervision of duly licensed or certified professionals;
and
2. A copy of the certificate of limited partnership issued
by the Virginia State Corporation Commission for applicants organized in
Virginia or, if organized as a foreign limited partnership, a certification of
registration issued by the Virginia State Corporation Commission.
D. Corporations. Applications for registration as a
corporation shall include:
1. A copy of the articles of incorporation, bylaws, or
charter; and
2. A copy of the certificate of incorporation issued by the
Virginia State Corporation Commission if organized in Virginia or, if organized
as a foreign corporation, a copy of the certificate of authority issued by the
Virginia State Corporation Commission.
E. Limited liability companies. Applications for
registration as a limited liability company shall include a copy of the
certificate of organization issued by the State Corporation Commission if
organized in Virginia or, if organized as a foreign limited liability company,
a copy of the certificate of authority issued by the Virginia State Corporation
Commission.
F. If architectural, engineering, surveying, landscape
architectural, or interior design services are offered or rendered in a branch
office, a separate branch office designation form shall be completed for each
branch office. Resident responsible persons shall be designated for each branch
office in accordance with this chapter.
G. The name of the business and any assumed, fictitious,
trading as, or doing business as names of the firm shall be disclosed on the
application.
A. All applicants shall be appropriately credentialed to do business in the Commonwealth of Virginia by the State Corporation Commission in accordance with the Code of Virginia. The business entity shall be in good standing with the State Corporation Commission at the time of application to the board office, at the time of board approval, and at all times when the board registration is in effect.
B. The name of the business and any assumed, fictitious, trading as, or doing business as names of the firm shall be disclosed on the application.
C. Any branch office offering or rendering professional services shall complete a branch office registration application from the board. Each branch office shall have a responsible person resident at the branch office for each professional offered or rendered.
18VAC10-20-650. Registration certification.
The application shall contain an affidavit by an authorized
official in the corporation, partnership, sole proprietorship, limited
liability company, or other business entity unit that the
practice of architecture, engineering, land surveying, landscape architecture,
or certified interior design to be done by that entity shall be under
the direct control and personal supervision of the licensed or certified
full-time employees or licensed or certified resident principals identified in
the application as responsible persons for the practice. In addition, the
licensed or certified employees or principals responsible for the practice
shall sign their names indicating that they are responsible persons who are
resident, and that they understand and shall comply with all statutes and
regulations of the board.
Part XI IX
Renewal and Reinstatement
18VAC10-20-670. Renewal.
A. Individuals and organizations Regulants shall
not practice with an expired license, certificate, or registration. The
following timeframes shall determine the required fees for renewal based on the
date the fee is received in the board's office:
1. If the renewal fee is received by the board by the expiration date of the license, certificate, or registration, no additional fee shall be required to renew.
2. If the renewal fee is not received by the board within 30 days following the expiration date of the branch office registration, the registration shall be subject to the requirements of 18VAC10-20-680.
3. If the renewal fee is not received by the board within 30 days following the expiration date of the license, certificate, or nonbranch office registration, a $25 late fee shall be required in addition to the renewal fee.
4. If the renewal fee and applicable late fee are not received by the board within six months following the expiration date of the license, certificate, or nonbranch office registration, the reinstatement fee shall be required pursuant to 18VAC10-20-680.
B. Upon receipt of the required fee, licenses, certificates, and registrations not currently sanctioned by the board shall be renewed for a two-year period from their previous expiration date.
C. Branch offices shall not renew or reinstate until the main office registration is properly renewed or reinstated.
D. The board may deny renewal of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the standards of practice and conduct as well as the continuing education requirements contained in this chapter. The regulant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
E. By submitting the renewal fee, the regulant is certifying continued compliance with the standards of practice and conduct as established by the board. In addition, by submitting the renewal fee, licensees are certifying their compliance with the continuing education requirements as contained in this chapter.
F. Failure to receive a renewal notice shall not relieve the regulant of the responsibility to renew. In the absence of a renewal notice, the regulant may submit a copy of the license, certificate, or registration with the required fee for renewal.
G. A license, certificate, or registration that is renewed shall be regarded as having been current without interruption and under the authority of the board.
H. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration.
18VAC10-20-680. Reinstatement.
A. Applicants whose license, certificate, or nonbranch main
office registration has expired for more than six months, and applicants whose
branch office registration has expired for more than 30 days, shall be required
to submit a reinstatement application, which shall be evaluated by the board to
determine if the applicant remains qualified to be a regulant of the board.
B. Applicants whose license or certificate has expired for more than five years shall be required to reapply for licensure or certification on the initial application and document experience from the date of expiration of the license or certificate to the present.
C. The board may require an exam, additional continuing education, or experience for architects, professional engineers, land surveyors, landscape architects, and interior designers whose license or certificate has expired for more than five years.
D. The board may deny reinstatement of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the standards of practice and conduct, as well as the continuing education requirements, contained in this chapter. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
C. E. The date the reinstatement fee is received
in the board's office shall determine the amount to be paid pursuant to the
following requirements:
1. Branch office registrations that have expired for more than 30 days shall require a reinstatement fee that shall equal the renewal fee plus $30.
2. Licenses, certificates, and nonbranch main
office registrations that have expired for more than six months, but less than
five years, shall require a reinstatement fee that shall equal the renewal fee
plus $100.
3. Licenses, certificates, and nonbranch main
office registrations that have expired for more than five years shall require a
reinstatement fee that shall equal the renewal fee plus $250.
D. Architects, professional engineers, land surveyors,
surveyor photogrammetrists, and landscape architects applying for reinstatement
shall provide evidence of compliance with the continuing education requirements
of this chapter.
E. The board may require an exam for architects,
professional engineers, land surveyors, surveyor photogrammetrists, landscape
architects, and interior designers whose license or certificate has expired for
more than five years.
F. Licensees shall remain under the disciplinary authority of the board at all times, regardless of whether the license is reinstated, pursuant to § 54.1-405 of the Code of Virginia.
G. A certificate or registration holder who reinstates shall be regarded as having been current and without interruption and under the authority of the board.
H. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration.
18VAC10-20-683. Continuing education requirements for renewal or reinstatement.
A. Licensees are required to complete 16 hours of
continuing education (CE) pursuant to the provisions of this section §
54.1-404.2 of the Code of Virginia for any renewal or reinstatement.
B. CE for renewal shall be completed during the two-year
license period immediately prior to the expiration date of the license and
shall be valid for that renewal only; additional hours over 16 hours
shall not be valid for subsequent renewal.
C. CE for reinstatement shall be completed during the two
years immediately prior to the date of the board's receipt of a reinstatement
application and shall be valid for that reinstatement only; additional hours over
16 hours shall not be valid for subsequent reinstatement renewal.
D. Licensees shall maintain records of completion of CE used to renew a license for three years from the date of expiration of the license. Licensees shall provide those records to the board or its authorized agents upon request.
E. CE activities completed by licensees may be accepted by the board provided the activity:
1. Consists of content and subject matter related to the practice of the profession;
2. Has a clear purpose and objective that will maintain,
improve, or expand the skills and knowledge relevant to the licensee's area of
practice and may be in areas related to business practices, including project
management, risk management, and ethics, and public health, safety,
and welfare that have demonstrated relevance to the licensee's area of
practice as defined in § 54.1-400 of the Code of Virginia;
3. Is taught by instructors who are competent in the subject matter, either by education or experience, for those activities involving an interaction with an instructor;
4. If self-directed, contains an assessment by the sponsor at the conclusion of the activity that verifies that the licensee has successfully achieved the purpose and objective of the activity; and
5. Results in documentation that verifies the licensee's successful completion of the activity.
F. Computation of credit.
1. Fifty contact minutes shall equal one hour of CE. For activities that consist of segments that are less than 50 minutes, those segments shall be totaled for computation of CE for that activity.
2. One semester hour of college credit shall equal 15 hours of CE and one-quarter hour of college credit shall equal 10 hours of CE.
3. The number of hours required to successfully complete any CE
activity must have been predetermined determined by the sponsor. A
licensee shall not claim more credit for any CE activity than the number of
hours that was predetermined by the sponsor at the time the activity was
completed.
4. CE may be granted for the initial development, substantial updating, or the initial teaching of a CE activity that meets the requirements of this chapter at twice the amount of credit that participants receive. CE claimed pursuant to this subdivision shall not be claimed for subsequent offerings of the same activity.
5. A licensee applying for renewal shall not receive credit for completing a CE activity with the same content more than once during the two years prior to license expiration.
6. A licensee applying for reinstatement shall not receive credit more than once for completing a CE activity with the same content during the two years immediately prior to the date of the board's receipt of his reinstatement application.
G. The board may periodically conduct a random audit of its licensees who have applied for renewal to determine compliance. Licensees who are selected for audit shall provide all documentation of all CE activities utilized to renew their license within 21 calendar days of the date of the board's notification of audit.
H. If the board determines that CE was not obtained properly
to renew or reinstate a license, the licensee shall be required to make up the
deficiency to satisfy the 16-hour CE requirement for that license
renewal or reinstatement. Any CE activity used to satisfy the deficiency shall
not be applied to his current license CE requirement or any subsequent renewal
or reinstatement.
18VAC10-20-740. Professional responsibility.
A. Unless exempt by statute, all architectural, engineering, land surveying, landscape architectural, and interior design work must be completed by a professional or a person performing the work who is under the direct control and personal supervision of a professional.
B. A professional shall be able to clearly define his scope and degree of direct control and personal supervision, clearly define how it was exercised, and demonstrate that he was responsible within that capacity for the work that he has sealed, signed, and dated. For the work prepared under his supervision, a professional shall:
1. Have detailed professional knowledge of the work;
2. Exercise the degree of direct control over work that includes:
a. Having control over decisions on technical matters of policy and design;
b. Personally making professional decisions or the review and approval of proposed decisions prior to implementation, including the consideration of alternatives to be investigated and compared for designed work, whenever professional decisions are made that could affect the health, safety, and welfare of the public involving permanent or temporary work;
c. The selection or development of design standards and materials to be used; and
d. Determining the validity and applicability of recommendations prior to incorporation into the work, including the qualifications of those making the recommendations;
3. Have exercised his professional judgment in all
professional matters that are embodied in the work and the drawings,
specifications, or other documents involved in the work; and
4. Have exercised critical examination and evaluation of an employee's, consultant's, subcontractor's, or project team member's work product, during and after preparation, for purposes of compliance with applicable laws, codes, ordinances, regulations, and usual and customary standards of care pertaining to professional practice.
C. The regulant shall not knowingly associate in a business
venture with, or permit the use of his name, by any person or
firm when there is reason to believe that person or firm is engaging in
activity of a fraudulent or dishonest nature or is violating statutes or any of
these regulations.
D. A regulant who has direct knowledge or reason to
believe that any individual or firm person may have violated
or may currently be violating any of these provisions, or the provisions of
Chapters 7 (§ 13.1-542.1 et seq.) and 13 (§ 13.1-1100 et seq.) of Title
13.1 or Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of Title
54.1 of the Code of Virginia, shall immediately inform the board in
writing and shall cooperate in furnishing any further information or assistance
that may be required by the board or any of its agents.
E. Upon request by the board or any of its agents, the regulant shall produce any plan, plat, document, sketch, book, record, or copy thereof concerning a transaction covered by this chapter and shall cooperate in the investigation of a complaint filed with the board against a regulant.
F. Except as authorized by 18VAC10-20-760 A 2, a regulant shall not utilize the design, drawings, specifications, or work of another regulant to complete or to replicate any work without the written consent of the person or organization that owns the design, drawings, specifications, or work.
G. Utilization and modification of work.
1. A regulant who utilizes the designs, drawings, specifications, or work of another regulant pursuant to subsection F of this section or 18VAC10-20-760 A 2, or who modifies any plats or surveys, shall conduct a thorough review of the work to verify that it has been accomplished to the same extent that would have been done under the direct control and personal supervision of the regulant affixing the professional seal, signature, and date. The regulant shall assume full responsibility for the utilization of any unsealed work or any changes or modifications to previously sealed work.
2. The information contained in recorded plats or surveys
may be utilized by another regulant without permission. Information from
recorded plats or surveys may be utilized without permission. However, the
modification of the actual recorded plat or survey is prohibited without
written permission of the regulant.
18VAC10-20-750. Good standing. (Repealed.)
A. A regulant licensed, certified, or registered to practice architecture, engineering, land surveying, landscape architecture, or interior design in any jurisdiction shall be in good standing in every jurisdiction where licensed, certified, or registered.
B. A regulant who has received a reprimand, civil penalty, or monetary penalty, or whose license, certificate or registration is revoked, suspended, denied, or surrendered as a result of a disciplinary action by any jurisdiction, shall notify the board of such action within 30 days.
18VAC10-20-760. Use of seal.
A. Affixing of a professional seal, signature, and date shall indicate that the professional has exercised direct control and personal supervision over the work to which it is affixed. Affixing of the seal, signature, and date also indicates the professional's acceptance of responsibility for the work shown thereon.
1. No professional shall affix a seal, signature, and date or
certification to a plan, plat, document, sketch, or other work plans,
plats, documents, drawings, or other works constituting the practice of the
professions regulated that has been prepared by an unlicensed or uncertified
person unless such work was works were performed under the direct
control and personal supervision of the professional while the unlicensed or
uncertified person was an employee of the same firm as the professional or was
under written contract to the same firm that employs the professional.
2. If the original professional of record is no longer able to seal, sign, and date completed professional work, such work may be sealed, signed, and dated by another qualified professional pursuant to the standards established in 18VAC10-20-740 G 1.
B. Documents to be sealed.
1. All final documents, including original cover sheet of
plans, plats, documents, sketches, technical reports, and specifications, and
each original sheet of plans, cover sheet of plans, plats, documents,
drawings, technical reports, and specifications, and each sheet of plans or
plats, or drawings prepared by the professional, or someone under his direct
control and personal supervision, shall be sealed, signed, and dated by the
professional. All final documents shall also bear the professional's name or
firm name, address, and project name. Final documents are completed documents
or copies submitted on a client's behalf for approval by authorities, for
construction, or for recordation.
2. For projects involving multiple sets of plans from
multiple professionals professional services involved in the
same project, each professional shall seal, sign, and date the final documents
for the work component that he completed or that was completed under his direct
control and personal supervision. The professional responsible for the
compilation of the project shall seal, sign, and date the cover sheet of the
aggregate collection of final documents for the project.
C. An electronic seal, signature, and date are permitted to be used in lieu of an original seal, signature, and date when the following criteria, and all other requirements of this section, are met:
1. It is a unique identification of the professional;
2. It is verifiable; and
3. It is under the professional's direct control.
D. Incomplete plans, plats, documents, and sketches drawings,
whether advance or preliminary copies, shall be so identified on the plan,
plat, document, or sketch plans, plats, documents, or drawings and
need not be sealed, signed, or dated. Advance or preliminary copies of
incomplete plans, plats, documents, and sketches drawings, must
be clearly identified as not complete but need not be sealed, signed, or dated.
E. All work performed by a professional who is licensed or certified by this board, including work that is exempt from licensure pursuant to § 54.1-402 of the Code of Virginia, shall be sealed, signed, and dated pursuant to subsection B of this section.
F. The original seal shall conform in detail and size to the
design illustrated below in this subsection and shall be two
inches in diameter. The designs below illustrated may not be
shown to scale:
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*The number referred to is the last six-digit number as shown on the license or certificate. The number is permanent. Leading zeros contained in the six-digit number may be omitted from the seal. |
18VAC10-20-790. Sanctions.
A license, certificate, or registration shall not be sanctioned unless a majority of the eligible voting members of the entire board vote for the action. The board may discipline or sanction any regulant if the board finds that:
1. The regulant failed to maintain good moral character pursuant to the definition in 18VAC10-20-10;
2. The license, certification, or registration was obtained or renewed through fraud or misrepresentation;
3. The regulant has been found guilty by the board, or
by a court of competent jurisdiction, of any material misrepresentation
in the course of professional practice, or has been convicted, pleaded
guilty, or has been found guilty, regardless of adjudication or deferred
adjudication, of any felony or misdemeanor that, in the judgment of the board,
adversely affects the regulant's ability to perform satisfactorily within the
regulated discipline. Any plea of nolo contendere shall be considered a
conviction for the purposes of this chapter. The board shall review the
conviction pursuant to the provisions of § 54.1-204 of the Code of Virginia;
4. The regulant is guilty of has committed acts
constituting professional incompetence, negligence, or gross negligence;
5. The regulant has abused drugs or alcohol to the extent that professional competence is adversely affected;
6. The regulant fails to comply, or misrepresents any information pertaining to their compliance, with any of the continuing education requirements as contained in this chapter;
7. The regulant violates any standard of practice and conduct
as defined in this chapter; or
8. The regulant violates or induces others to violate any
provision of Chapters 7 (§ 13.1-542.1 et seq.) and 13 (§ 13.1-1100 et seq.) of
Title 13.1 or Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of
Title 54.1 of the Code of Virginia, or any other statute applicable to the
practice of the professions regulated by this chapter.;
9. The regulant has been disciplined by any county, city, town, state, or federal governing body. For purposes of this section "discipline" means reprimand; civil or monetary penalty; probation, suspension, or revocation of a license; or cease and desist order. The board will review such discipline before taking any disciplinary action of its own; or
10. The regulant fails to notify the board within 30 days of having been disciplined by any county, city, town, state, or federal governing body as stipulated in subdivision 9 of this section.
18VAC10-20-795. Change of address.
All regulants shall notify the board in writing of any change
of address of a change of mailing address on the designated address
change form within 30 days of making the change. When submitting a change
of address, regulants holding more than one license, certificate, or
registration shall inform the board of each affected by the change. A post
office box will not be accepted in lieu of a physical address.
FORMS (18VAC10-20)
Architect License Application (Architect Information
Sheet), 0401LIC (rev. 4/2012)
Architect License Application, 0401LIC_2018, (rev. 7/2018)
Verification of Architect Examination & Licensure Form, 0401ELV (rev. 4/2012)
Architect Experience Verification Form, 0401EXP (rev.
4/2012)
Architect Experience Verification Form, 0401LIC_2018, (rev. 7/2018)
Architect Client Experience Verification Form, 0401CEXP (rev. 4/2012)
Architect Degree Verification Form, 0401DEG (rev. 4/2012)
Architect Reference Form, A416-0401REF-v1 (eff. 1/2016)
Architect License Reinstatement Application, 0401REI (rev.
4/2012)
Professional Engineer License Application (Professional
Engineer Information Sheet), 0402LIC (rev. 4/2012)
Professional Engineer Reference Form, A416-0402REF-v1 (eff.
1/2016)
Professional Engineer License Reinstatement Application,
0402REI (rev. 4/2012)
Architect Reference Form, 0401REF_2018, (rev. 7/2018)
Architect License Reinstatement Application, 0401REI_2018, (rev. 7/2018)
Professional Engineer License Application, 0402LIC_2018, (rev. 7/2018)
Professional Engineer Reference Form, 0402REF_2018, (rev. 7/2018)
Professional Engineer License Reinstatement Application, 0402REI_2018, (rev. 7/2018)
Professional Engineer & Engineer-in-Training Degree Verification Form, 0402_20DEG (rev. 4/2012)
Professional Engineer & Engineer-in-Training Experience
Verification Form, A416-0402_20EXP-v1 (eff. 11/2013)
Engineer Verification of Examination and Licensure Form, 0402_20ELV (rev. 4/2012)
Engineer-in-Training Designation Application,
(Engineer-in-Training Information Sheet) A416-0420DES-v2 (rev. 12/2013)
Engineer-In-Training Reference Form, A416-0420REF-v1 (eff.
1/2016)
Engineer-in-Training Designation Application, 0420DES_2018, (rev. 7/2018)
Engineer-in-Training Reference Form, 0420REF_2018, (rev. 7/2018)
Course Requirements for Engineering Technology Program, 0402CREQ (rev. 4/2012)
Land Surveyor License Application (Land Surveyor
Information Sheet), 0403LIC (rev. 4/2012)
Land Surveyor License Reinstatement Application, 0403REI
(rev. 4/2012)
Land Surveyor B License Reinstatement Application, 0404REI
(rev. 4/2012)
Land Surveyor B License Application (Land Surveyor B
Information Sheet), 0404LIC (rev. 4/2012)
Land Surveyor License Application, 0403LIC_2018, (rev. 7/2018)
Land Surveyor License Reinstatement Application, 0403REI_2018, (rev. 7/2018)
Land Surveyor B License Application, 0404LIC_2018, (rev. 7/2018)
Land Surveyor B License Reinstatement Application, 0404REI_2018, (rev. 7/2018)
Land Surveyor & Surveyor-in-Training Degree Verification Form, 0403_30DEG (rev. 4/2012)
Land Surveyor Verification of Examination and Licensure Form, 0403_30ELV (rev. 4/2012)
Land Surveyor & Surveyor-in-Training Experience
Verification Form, 0403_30EXP (rev. 4/2012)
Surveyor Photogrammetrist License Application (Surveyor
Photogrammetrist Information Sheet), 0408LIC (rev. 4/2012)
Surveyor Photogrammetrist Reference Form, 0408REF (rev.
9/2014)
Surveyor Photogrammetrist Experience Verification Form,
0408EXP (rev. 4/2012)
Surveyor Photogrammetrist License Reinstatement
Application, 0408REI (rev. 4/2012)
Land Surveyor & Surveyor-in-Training Experience Verification Form, 0403_30EXP_2018, (rev. 7/2018)
Surveyor Photogrammetrist License Application, 0408LIC_2018, (rev. 7/2018)
Surveyor Photogrammetrist Reference Form, 0408REF_2018, (rev. 7/2018)
Surveyor Photogrammetrist Experience Verification Form, 0408EXP_2018, (rev. 7/2018)
Surveyor Photogrammetrist License Reinstatement Application, 0408REI_2018, (rev. 7/2018)
Surveyor Photogrammetrist Degree Verification Form, 0408DEG (rev. 4/2012)
Surveyor Photogrammetrist Verification of Examination and Licensure Form, 0408elvf (eff. 4/2012)
Surveyor-In-Training Designation Application
(Surveyor-in-Training Information Sheet), A416-0430DES-v3 (rev. 12/2013)
Landscape Architect License Application (Landscape
Architect Information Sheet), 0406LIC (rev. 9/2014)
Landscape Architect Reference Form, A416-0406REF-v1 (eff.
1/2016)
Surveyor-in-Training Designation Application, 0430DES_2018, (rev. 7/2018)
Landscape Architect License Application, 0406LIC_2018, (rev. 7/2018)
Landscape Architects Reference Form, 0406REF_2018, (rev. 7/2018)
Verification of Landscape Architect Examination and Licensure Form, 0406ELV (rev. 4/2012)
Landscape Architect Degree Verification Form, 0406DEG (rev. 4/2012)
Landscape Architect License Reinstatement Application,
0406REI (rev. 4/2012)
Interior Designer Certificate Application, (Interior
Designer Information Sheet) 0412CERT (rev. 4/2012)
Landscape Architect License Reinstatement Application, 0406REI_2018, (rev. 7/2018)
Interior Designer Certificate Application, 0412CERT_2018, (rev. 7/2018)
Verification of Interior Designer Examination and Certification Form, 0412ELV (rev. 4/2012)
Interior Designer Degree Verification Form, 0412DEG (rev. 4/2012)
Interior Designer Experience Verification Form, 0412EXP
(rev. 4/2012)
Interior Designer Certificate Reinstatement Application,
0412REI (rev. 4/2012)
Interior Designer Experience Verification Form, 0412EXP_2018, (rev. 7/2018)
Interior Designer Certificate Reinstatement Application, 0412REI_2018, (rev. 7/2018)
Professional Corporation Branch Office Registration Application, 04BRPCREG (rev. 4/2012)
Business Entity Registration Application (Business Entity
Information Sheet) 04BUSREG, (rev. 4/2012)
Business Entity Branch Office Registration Application,
04BRBUSREG (rev. 4/2012)
Business Entity Branch Office Registration Application, 04BRBUSREG_2018, (rev. 7/2018)
Criminal Conviction Reporting Form, A406-01CCR-v1 (eff. 5/2015)
Disciplinary Action Reporting Form, A406-01DAR-v1 (eff. 5/2015)