There appear to be some “holes” in section 54.1-404.2 of the Code of Virginia.  Section 54.1-404.2 was a law (HB 1054) passed by the General Assembly in 2006.  Right or wrong – it is a law and not a regulation created by the Board.  The Board must follow the law.  If you feel that the law is not needed, then please contact your General Assembly members and voice your concerns.

With this said, it appears the 2009 General Assembly should revisit Section 54.1-404.2 of the Code of Virginia to address the concerns listed and to address “holes” or double standards.

Based on section 54.1-401.6, which creates an exemption from ALL the provisions of Chapter 4 of Title 54.1, it appears the  practice of architecture or professional engineering by a licensed professional on property owned or leased by such individual, firm or corporation is exempt from 54.1-404.2.  This would seem to create confusion as to which professionals need continuing education.

Employees of state agencies and political subdivisions practicing architecture, engineering, or land surveying are exempt from the licensing requirements so long as the estimated cost of the project does not exceed $75,000 (based on 1991 CPI).  Please see section 54.1-402.A.10 for the complete law.  These employees, who practice architecture, engineering, and surveying using public funds for public projects, are exempt from the continuing education requirements. 

In addition, certified landscape architects have been granted – by the General Assembly – the right to submit plans and specifications that shall be accepted for review by local and state authorities, in connection with both public and private projects (54.1-409).  However, the continuing education requirement (54.1-404.2) does not appear to apply to certified landscape architects.

Assuming that CEUs maintain and improve the level of competency and if the true intent of the law was to protect the public health, safety, and welfare, then it appears there are “holes” that need to be addressed in order to truly protect public health, safety, and welfare.

Again, I feel the 2009 Virginia General Assembly should revisit the issue of continuing education.  But this will take each of us contacting our General Assembly members (Who's My Legislator? http://legis.state.va.us/ or http://conview.state.va.us/whosmy.nsf/main?openform) and voicing our concerns.  Send a letter, an email, or something - just please contact them!  It is never too late.