wa-law.org > bill > 2025-26 > HB 2229 > Original Bill
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A state board of registration for professional engineers and professional land surveyors is hereby created which shall exercise all of the powers and perform all of the duties conferred upon it by this chapter. The board shall consist of seven members, who shall be appointed by the governor and shall have the qualifications as hereinafter required. On the expiration of the term of any member, the governor shall appoint a successor for a term of five years to take the place of the member whose term on said board is about to expire. However, no member shall serve more than two consecutive terms on the board. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor qualified as described in this chapter shall have been duly appointed .
Five members of the board shall be registered professional engineers licensed under the provisions of this chapter. Two members shall be registered professional land surveyors licensed under this chapter. Each of the members of the board shall have been actively engaged in the practice of engineering or land surveying for at least 10 years subsequent to registration, five of which shall have been immediately prior to their appointment to the board.
Each member of the board shall have been a resident of this state for at least five years immediately preceding the member's appointment.
Each member of the board shall be compensated in accordance with RCW 43.03.240 and, in addition thereto, shall be reimbursed for travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.
The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as hereinabove provided.
Upon request of the board, the director shall select a candidate for a pro tem board member position and upon approval of the board, the board chair shall make the appointment. Up to three individuals may serve as pro tem board members. A pro tem board member will be participating as a temporary member of the board and perform services as needed and determined by the director, including ensuring sufficient case reviewers, forming a quorum at a board meeting, serving on any combination of one or more committees, or participating as needed at formal disciplinary hearings. An appointed individual must be registered under this chapter or licensed under chapter 18.210 RCW for a minimum of five years immediately prior to the appointment. While serving as a board member pro tem, an appointed person has all the powers, duties, and immunities of a regular member of the board and is entitled to the same compensation, including travel expenses, in accordance with RCW 18.43.030. A pro tem appointment may not last for more than 180 days unless approved by the director.
The board may adopt and amend bylaws establishing its organization and method of operation, including but not limited to meetings, maintenance of books and records, publication of reports, code of ethics, and rosters, and adoption and use of a seal.
Four members of the board shall constitute a quorum for the conduct of any business of the board.
The board shall appoint its director, who must hold a valid Washington license as a professional engineer or professional land surveyor.
The board may employ such persons as are necessary to carry out its duties under this chapter.
It may adopt rules reasonably necessary to administer the provisions of this chapter. The board shall submit to the governor periodic reports as may be required. A roster, showing the names and mailing addresses of all registered professional engineers and professional land surveyors may be published for distribution, upon request, to professional engineers and professional land surveyors registered under this chapter and to the public.
The following requirements will be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer, structural engineer, professional land surveyor, engineer-in-training, or land-surveyor-in-training
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PROFESSIONAL ENGINEER. To be licensed as a professional engineer, an applicant must meet the examination and experience requirements delineated in this subsection (1).
Examination requirements. An applicant must have received passing scores on examinations required by the board in rule.
Experience requirements. A specific record of eight years or more of experience in engineering work of a character satisfactory to the board and showing that the applicant is competent to practice engineering
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i. The experience must be broad based and progressive to include gaining knowledge and comprehension of engineering subjects and applying engineering principles.
ii. Education or teaching at a college or university may constitute a portion of the required experience as follows:
(A) An undergraduate degree, or its equivalent, in an engineering program approved by the board will be considered the equivalent of four years of experience;
(B) Satisfactory completion of each year of an engineering program may be considered the equivalent of one year of experience at the discretion of the board;
(C) An undergraduate degree in a nonengineering program may be considered the equivalent of engineering experience at the discretion of the board;
(D) No more than four years of experience may be granted for undergraduate education; and
(E) Experience may be granted for teaching and postgraduate education as further defined by, and at the discretion of, the board.
iii. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent may not be deemed to be the practice of engineering.
STRUCTURAL ENGINEER. Structural engineering is recognized as a specialized branch of professional engineering. A professional engineer must be registered as a structural engineer to provide structural engineering services for significant structures. To become licensed as a structural engineer, an applicant must meet the following requirements:
Hold a current registration as a professional engineer in this state;
Have at least two years of structural engineering experience, of a character satisfactory to the board, in addition to the eight years' experience required for registration as a professional engineer
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; and
c. Pass additional examinations as prescribed by the board.
PROFESSIONAL LAND SURVEYOR. To be licensed as a professional land surveyor, an applicant must meet the examination and experience requirements delineated in this subsection (3).
Examination requirements. An applicant must have received passing scores on examinations required by the board in rule.
Experience requirements. A specific record of eight years or more of experience in land surveying work of a character satisfactory to the board and showing that the applicant is competent to practice land surveying.
The experience must be broad based and progressive to include gaining knowledge and comprehension of land surveying subjects and applying land surveying principles.
Education or teaching at a college or university may constitute a portion of the required experience as follows:
(A) An undergraduate degree, or its equivalent, in a land surveying program approved by the board is considered the equivalent of four years of experience;
(B) Satisfactory completion of each year of a land surveying program may be considered the equivalent of one year of experience at the discretion of the board;
(C) An undergraduate degree in a nonland surveying program may be considered the equivalent of land surveying experience at the discretion of the board;
(D) No more than four years of experience will be granted for undergraduate education; and
(E) Experience may also be granted for teaching and postgraduate education as further defined by, and at the discretion of, the board.
ENGINEER-IN-TRAINING. An applicant who has completed four years of experience of the type outlined in subsection (1)(b) of this section and has received a passing score on a board-approved examination on the fundamentals of engineering may apply for an engineer-in-training certificate from the board.
LAND-SURVEYOR-IN-TRAINING. An applicant who has completed four years of experience of the type outlined in subsection (3)(b) of this section and has received a passing score on a board approved examination on the fundamentals of land surveying may apply for a land-surveyor-in-training certificate from the board.
Application for registration shall be on forms prescribed by the board and furnished by the director.
The registration fee for professional engineers shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate. The fee for engineer-in-training shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate.
The registration fee for professional land surveyors shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate. The fee for land-surveyor-in-training shall be determined by the board, which shall accompany the application and shall include the cost of application processing and issuance of certificate.
All registration fees are nonrefundable. Should the board find an applicant ineligible for registration, the registration fee shall be retained as an application fee.
When oral or written examinations are required, they shall be held at such time and place as the board shall determine. If examinations are required on fundamental engineering subjects (such as ordinarily given in college curricula) the applicant shall be permitted to take this part of the professional examination prior to his or her completion of the requisite years of experience in engineering work. The board shall issue to each applicant upon successfully passing the examination in fundamental engineering or land surveying subjects a certificate stating that the applicant has passed the examination in fundamental subjects and that the applicant's name has been recorded as an engineer-in-training or land-surveyor-in-training.
The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to the applicant's ability to design and supervise engineering works to ensure the safety of life, health, and property. Examinations shall be given for the purpose of determining the qualifications of applicants for registration separately in engineering and in land surveying.
The board shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In case of a registered professional engineer, the certificate shall authorize the practice of "professional engineering" and specify the branch or branches in which specialized, and in case of a registered professional land surveyor, the certificate shall authorize the practice of "land surveying."
In case of engineer-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental engineering subjects required by the board and has been enrolled as an "engineer-in-training." In case of land-surveyor-in-training, the certificate shall state that the applicant has successfully passed the examination in fundamental surveying subjects required by the board and has been enrolled as a "land-surveyor-in-training." All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chair and the director.
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer or a registered professional land surveyor, while the said certificate remains unrevoked and unexpired.
Each registrant hereunder shall upon registration obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "registered professional engineer" or "registered professional land surveyor." Plans, specifications, plats, and reports prepared by the registrant shall be signed, dated, and stamped with said seal or facsimile thereof. Such signature and stamping shall constitute a certification by the registrant that the same was prepared by or under the registrant's direct supervision and that to the registrant's knowledge and belief the same was prepared in accordance with the requirements of the statute. It shall be unlawful for anyone to stamp or seal any document with said seal or facsimile thereof after the certificate of registrant named thereon has expired or been revoked, unless said certificate shall have been renewed or reissued.
. If a completed application for renewal has not been received by the board by the date of expiration, postmarked before the date of expiration if mailed or transacted online before the date of expiration, the license is invalid.
The board may, upon application and the payment of a fee determined by the board, issue a certificate as a professional engineer or professional land surveyor to any person who holds a certificate of qualification of registration issued to the applicant following examination by proper authority, of any state or territory or possession of the United States, the District of Columbia, or of any foreign country, if: (a) The applicant meets all requirements of this chapter and the rules established by the board , and (b) the applicant is in good standing with the licensing agency in said state, territory, possession, district, or foreign country.
The board shall waive the fundamentals examination for applicants who meet the requirements as defined by the board in rule.
This chapter shall not be construed to prevent or affect:
2.
The work of an employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under provisions of this section: PROVIDED, That such work does not include final design or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under the provisions of this section;
The work of a person rendering engineering or land surveying services to a corporation, as an employee of such corporation, when such services are rendered in carrying on the general business of the corporation and such general business does not consist, either wholly or in part, of the rendering of engineering services to the general public: PROVIDED, That such corporation employs at least one person holding a certificate of registration under this chapter or practicing lawfully under the provisions of this chapter;
The practice of officers or employees of the government of the United States while engaged within the state in the practice of the profession of engineering or land surveying for the government of the United States;
Nonresident engineers employed for the purpose of making engineering examinations;
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The practice of engineering or land surveying, or both, in this state by a corporation : PROVIDED, That
The corporation has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether such corporation is qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;
For engineering, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation that shall designate a person holding a certificate of registration under this chapter as responsible for the practice of engineering by the corporation in this state and shall provide that full authority to make all final engineering decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation which shall designate a person holding a certificate of registration under this chapter as responsible for the practice of land surveying by the corporation in this state and shall provide full authority to make all final land surveying decisions on behalf of the corporation with respect to work performed by the corporation in this state be granted and delegated by the board of directors to the person so designated in the resolution. If a corporation offers both engineering and land surveying services, the board of directors shall designate both a licensed professional engineer and a licensed professional land surveyor. If a person is licensed in both engineering and land surveying, the person may be designated for both professions. The resolution shall further state that the bylaws of the corporation shall be amended to include the following provision: "The designated professional engineer or professional land surveyor, respectively, named in the resolution as being in responsible charge, or a professional engineer or professional land surveyor under the designated professional engineer or professional land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract;
If there is a change in the designated professional engineer or professional designated land surveyor, the corporation shall notify the board in writing within 30 days after the effective date of the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of authority or amended certificate of incorporation as filed with the secretary of state within 30 days of the filing;
Upon the filing with the board the application for certificate for authorization, certified copy of resolution and an affidavit, and the designation of a designated professional engineer or designated professional land surveyor, or both, specified in (a)(ii) of this subsection, the board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in this state upon a determination by the board that:
(A) The designated professional engineer or designated professional land surveyor, or both, hold a certificate of registration in this state in accordance with this chapter and the certificate is in force;
(B) The designated professional engineer or designated professional land surveyor, or both, are not designated in responsible charge for another corporation or a limited liability company;
(C) The corporation is licensed with the secretary of state and holds a current unified business identification number and the board determines, based on evaluating the findings and information in this section, that the applicant corporation possesses the ability and competence to furnish engineering or land surveying services, or both, in the public interest; and
(D) The corporation is registered with the department of revenue pursuant to RCW 82.32.030.
b. The board may exercise its discretion to take any of the actions under RCW 18.235.110 or this chapter with respect to a certificate of authorization issued to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of such corporation has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under (d) and (e) of this subsection.
c. Professional engineers or professional land surveyors organized as a professional service corporation under chapter 18.100 RCW are exempt from applying for a certificate of authorization under this chapter.
d. Any corporation authorized to practice engineering or land surveying under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered professional engineer or individual registered professional land surveyor, and must conduct its business without unprofessional conduct in the practice of engineering or the practice of land surveying as defined in this chapter and RCW 18.235.130.
e. Any corporation that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.
f. All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.
g. For each certificate of authorization issued under this subsection (6) there shall be paid an initial fee determined by the board and an annual renewal fee determined by the board
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; or
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The practice of engineering or land surveying, or both, in this state by limited liability companies: Provided, That
The limited liability company has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the limited liability company is qualified under this chapter to practice either or both engineering or land surveying in this state.
The limited liability company has filed with the board a certified copy of a resolution by the company manager or managers that shall designate a person holding a certificate of registration under this chapter as being responsible for the practice of engineering or land surveying, or both, by the limited liability company in this state and that the designated person has full authority to make all final engineering or land surveying decisions on behalf of the limited liability company with respect to work performed by the limited liability company in this state. The resolution shall further state that the limited liability company agreement shall be amended to include the following provision: "The designated professional engineer or professional land surveyor, respectively, named in the resolution as being in responsible charge, or a professional engineer or professional land surveyor under the designated professional engineer or professional land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the limited liability company of responsibility or liability imposed upon it by law or by contract.
iii.(A) The designated professional engineer for the limited liability company must hold a current professional engineer license issued by this state.
(B) The designated professional land surveyor for the limited liability company must hold a current professional land surveyor license issued by this state.
(C) If a person is licensed as both a professional engineer and as a professional land surveyor in this state, then the limited liability company may designate the person as being in responsible charge for both professions.
(D) If there is a change in the designated professional engineer or designated professional land surveyor, the limited liability company shall notify the board in writing within 30 days after the effective date of the change. If the limited liability company changes its name, the company shall submit to the board a copy of the certificate of amendment filed with the secretary of state's office.
iv. Upon the filing with the board the application for certificate of authorization, a certified copy of the resolution, and an affidavit from the designated professional engineer or the designated professional land surveyor, or both, specified in (a)(ii) and (iii)(A) of this subsection, the board shall issue to the limited liability company a certificate of authorization to practice engineering or land surveying, or both, in this state upon determination by the board that:
(A) The designated professional engineer or designated professional land surveyor, or both, hold a certificate of registration in this state under this chapter and the certificate is in force;
(B) The designated professional engineer or designated professional land surveyor, or both, are not designated in responsible charge for another limited liability company or a corporation;
(C) The limited liability company is licensed with the secretary of state and has a current unified business identification number and that the board determines, based on evaluating the findings and information under this subsection, that the applicant limited liability company possesses the ability and competence to furnish either or both engineering or land surveying services in the public interest; and
(D) The limited liability company is registered with the department of revenue pursuant to RCW 82.32.030.
b. The board may exercise its discretion to take any of the actions under RCW 18.235.110 and 18.43.105 with respect to a certificate of authorization issued to a limited liability company if the board finds that any of the managers or members holding a majority interest in the limited liability company has engaged in unprofessional conduct as defined in RCW 18.43.105 or 18.235.130 or has been found personally responsible for unprofessional conduct under the provisions of (d) and (e) of this subsection.
c. Professional engineers or professional land surveyors organized as a professional limited liability company are exempt from applying for a certificate of authorization under this chapter.
d. Any limited liability company authorized to practice engineering or land surveying, or both, under this chapter, together with its manager or managers and members for their own individual acts, are responsible to the same degree as an individual registered professional engineer or registered professional land surveyor, and must conduct their business without unprofessional conduct in the practice of engineering or land surveying, or both.
e. A limited liability company that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.
f. All plans, specifications, designs, and reports when issued in connection with work performed by a limited liability company under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.
g. For each certificate of authorization issued under this subsection (8) there shall be paid an initial fee determined by the board and an annual renewal fee determined by the board.
The board shall set fees at a level adequate to pay the costs of administering this chapter. All fees collected under the provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, and 18.43.130 and fines collected under RCW 18.43.110 shall be paid into the board of registration for professional engineers and professional land surveyors' account, which account is hereby established in the state treasury to be used to carry out the purposes and provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, 18.43.110, 18.43.120, 18.43.130, and all other duties required for operation and enforcement of this chapter. During the 2013-2015, 2015-2017, and 2025-2027 fiscal biennia, the legislature may transfer moneys from the board of registration for professional engineers and professional land surveyors' account to the state general fund such amounts as reflect the excess fund balance of the fund.
The board shall immediately suspend the registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order . If the person has continued to meet all other requirements for registration during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
The department of licensing, through an interagency agreement with the board, shall provide specified technical services to the boardas mutually agreed upon by both parties.