Senate Bill No. 364
(By Senators Sharpe and Ross)
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[Introduced February 15, 1995; referred to the Committee
on Energy, Industry and Mining.]
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A BILL to amend and reenact sections one, two, four, five, seven
and twelve, article thirteen-a, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section eighteen, all relating to
requiring surveying firms to maintain a licensee on their
company staff; and to establish minimum technical criteria
to govern the performance of surveyors when more stringent
specifications are not required by other agencies.
Be it enacted by the Legislature of West Virginia:
That sections one, two, four, five, six, seven, eight and
twelve, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section eighteen, all
to read as follows:
ARTICLE 13A. LAND SURVEYORS.
§30-13A-1. License required.
In order to provide for the regulation of land surveying in
this state, no person shall engage in, offer to engage in, or
hold himself out to the public as being engaged in, the practice
of land surveying in this state (except for the persons exempted
under the provisions of section seven of this article), unless
and until he shall first obtain a license to engage in the
practice of land surveying in accordance with the provisions of
this article, which license remains unexpired, unsuspended and
unrevoked.
Any firm, association, partnership or corporation offering
surveying services or advertising as offering land surveying
services must maintain a licensee on their company staff by means
of ownership interest or employee of the company.
§30-13A-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Applicant" means any person making application for an
original or renewal license under the provisions of this article;
(b) "Licensee" means any person holding a license issued
under the provisions of this article;
(c) "Board" means the West Virginia state board of examiners
of land surveyors created under the provisions of this article;
(d) "Practice of land surveying" means the rendering or
offering to render for a fee, salary or other compensation,
monetary or otherwise, for the public generally, any of the
following services:
(1) The location, relocation, establishment, reestablishment
or retracement of any property line or boundary of any parcel of
land or of any road or utility right-of-way, easement or
alignment;
(2) The performance of any survey for the division,
subdivision or resubdivision of any tract of land;
(3) The determination of the position of any monument or
reference point which marks a property line boundary or corner,
or setting, resetting or replacing any such monument or reference
point, by the use of the principles of land surveying;
(4) The determination of the configuration or contour of the
earth's surface or the position of fixed objects thereon or
related thereto, by means of measuring lines and angles,
whether
directly, indirectly, by conventional methods or GPS, and
applying the principles of mathematics;
(5) The performance of cadastral surveying, underground
surveying, surface mine surveying or hydrographic surveying;
(6) The preparation of subdivision maps; and
(7) The preparation of maps or drawings showing any of the
above.
(e) "Professional surveyor" means any person who engages in
the practice of land surveying.
(f) "Equivalent curriculum" includes, but is not limited to,
degrees in related curricula such as engineering, forestry,
geology, mathematics, physics, computer science or other related
fields.
(f) "Direct Supervision" means the responsible licensee
shall be in direct control of all field and office operations,
including research, evaluation of all data and decisions relative
to the final output data/material, i.e. plats, plans,
descriptions, etc. that could affect the general public.
(g) Global Positioning System (GPS) means any measurement of
elevations or positions either absolute or relative which
utilizes the observation of artificial satellites.
(h) Mortgage/loan inspection survey means a survey in which
property lines and corners have not been established.
§30-13A-4. Powers and duties of board; funds.
(a) The board shall have the power and duty to:
(1) Examine applicants and determine their eligibility for
a license to engage in the practice of land surveying;
(2) Prepare, conduct and grade an apt and proper written,
oral or written and oral examination of applicants for a license
and determine the satisfactory passing score thereon;
(3) Promulgate reasonable rules implementing the provisions
of this article and the powers and duties conferred upon the
board hereby, all of which reasonable rules shall be promulgated
in accordance with the provisions of article three, chapter
twenty-nine-a of this code;
(4) Issue, renew, deny, suspend or revoke licenses to engage
in the practice of land surveying in accordance with the
provisions of this article;
(5) Investigate alleged violations of the provisions of this article, reasonable rules promulgated hereunder and orders and
final decisions of the board and take appropriate disciplinary
action against any licensee for the violation thereof or
institute appropriate legal action for the enforcement of the
provisions of this article, reasonable rules promulgated
hereunder and orders and final decisions of the board or take
such disciplinary action and institute such legal action;
(6) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate, and prepare, from time to
time, a list showing the names and addresses of all licensees;
(7) Take such other action as may be reasonably necessary or
appropriate to effectuate the provisions of this article; and
(8) Establish standards to evaluate surveying
or equivalent
curricula as it relates to the practice of land surveying under
the provisions of this article and to determine the amount of
experience required under section five of this article which may
be substituted for a particular curriculum.
(b) All moneys paid to the board shall be accepted by a
person designated by the board and deposited by him with the
treasurer of the state and credited to an account to be known as
the "board of examiners of land surveyors fund." All of the reasonable compensation of the members of the board, the
reimbursement of all reasonable and necessary expenses actually
incurred by such members and all other costs and expenses
incurred by the board in the administration of this article shall
be paid from such fund, and no part of the state's general
revenue fund shall be expended for this purpose.
§30-13A-5. Qualifications of applicants for licenses;
surveyor-in-training applications; fees;
examinations.
(a) To be eligible for a license to engage in the practice
of land surveying, the applicant must:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Have been a resident of the United States for one year
immediately preceding the date of application;
(4) Not have been convicted of a crime involving moral
turpitude;
(5)
Have four years or more experience in the practice of
land surveying under the supervision of a person authorized to
practice land surveying in this state, or a person authorized in
another state or country to engage in the practice of land surveying; and each year of satisfactory study in a surveying or
equivalent curriculum shall be substituted for one year of
experience, but only two years of such experience requirement may
be fulfilled by such study. On and after the first day of July,
one thousand nine hundred ninety-one, six years or more of such
experience under the
direct supervision of a licensee or a person
authorized in another state or country to engage in the practice
of land surveying shall be required by those applicants who are
graduates of a surveying
or equivalent curriculum of two
scholastic years or more. However, only three years of such
experience may be fulfilled by such study, and eight years of
such experience under the supervision of a person authorized to
practice land surveying in this state, or a person authorized in
another state or country to engage in the practice of land
surveying, shall be required for those applicants who are not
graduates of a surveying
or equivalent curriculum; and
(6) Have passed the examination prescribed by the board,
which examination shall cover the basic subject matter of land
surveying and land surveying skills and techniques.
(b) Any applicant for any such license shall submit an
application therefor on forms provided by the board. Such application shall be verified and shall contain a statement of
the applicant's education and experience, the names of five
persons for reference (at least three of whom shall be licensees
or persons authorized in another state or country to engage in
the practice of land surveying, who have knowledge of his work)
and such other information as the board may from time to time by
reasonable rule prescribe.
(c) An applicant shall pay to the board with his application
an examination fee for the purpose of covering the cost of the
examination
not to exceed two hundred dollars as determined by
the board by rule.
(d) Examinations shall be held at least once each year at
such time and place as the board shall determine. The scope of
the examination and methods of procedure shall be determined by
the board. An applicant who fails to pass all or any part of an
examination may reapply at any time and shall furnish additional
information as requested by the board. The cost of reexamination
will be based on the cost of the examination as determined by the
board by rule.
(e) The board shall offer a surveyor-in-training (SIT)
examination to applicants who meet the requirements of subdivisions (1), (2), (3) and (4), subsection (a) of this
section, and are graduates of a surveying
or equivalent
curriculum of two or more years which has been approved by the
board of examiners of land surveyors. The examination shall
include an eight-hour portion of fundamentals in science,
mathematics and surveying. Applicants must pass the other
portions of the surveyor-in-training examination and complete the
work experience and other requirements of this section before
they are allowed to take the second eight-hour examination which
consists of principles and practices.
§30-13A-7. Exemption from regulation and licensing.
The following persons are exempt from regulation and
licensing under the provisions of this article and any reasonable
rules promulgated hereunder, and may engage in the practice of
land surveying without a license issued under the provisions of
this article and any such reasonable rules:
(a) Any professional engineer authorized to practice the
profession of engineering as provided in article thirteen of this
chapter.
If he or she applies within one year after the
effective date of this section and if such person meets the
requirements of subdivisions (1), (2), (3) and (4), subsection (a) of section five, he or she is eligible for a license without
examination. Any applicant for any such license shall submit an
application and proof of surveying experience as specified in
section five;
(b) Any employee of a proprietorship, partnership,
association, corporation or other business entity which is
engaged in the practice of land surveying in this state:
or any
employee of a proprietorship, partnership, association,
corporation or other business entity exempted from rules and
licensing under subdivision (a) of this section Provided, That
the work of any such employee is done under the supervision of
and certified by a licensed employee of the proprietorship,
partnership, association, corporation or other business entity;
(c) Any employee of a person, firm, association or
corporation, when such employee is engaged in the practice of
land surveying exclusively for the person, firm, association or
corporation by which employed, or, if a corporation, its parents,
affiliates or subsidiaries, and such person, firm, association or
corporation does not hold himself or itself out to the public as
being engaged in the business of land surveying;
(d) Any employee or officer of the United States, this state or any political subdivision thereof, when such employee is
engaged in the practice of land surveying exclusively for such
governmental unit;
(e) All county surveyors elected or appointed after the
first day of July, one thousand nine hundred ninety-five.
§30-13A-12. Duty of county clerks and public officials.
No plat,
report of survey or any survey related document
shall be filed by any clerk of a county commission document,
plan, map, drawing, exhibit, sketch or pictorial representation
intended to be used in the transfer of real property shall be
filed by any clerk of a county commission or accepted by any
public official of this state unless the seal required by section
eleven of this article has been affixed thereto, except that any
document,
plan, map, drawing, exhibit, sketch or pictorial
representation, prepared by a person exempted from the regulation
and licensing requirements of this article, as provided in
section seven of this article, shall not be required to have the
seal required by section eleven of this article affixed thereto.
If a document, plan, plat, map, drawing, exhibit, sketch or
pictorial representation has been altered from its original form,
it shall not be filed by any clerk of a county or accepted by any public official of this state. Nothing in this section shall
prevent a document prepared prior to the twenty-fifth day of May,
one thousand nine hundred sixty-nine, from being recorded without
such seal. If a seal of such exempt person is not affixed to
said document,
plan, plat, map, drawing, exhibit, sketch or
pictorial representation, a certificate shall be placed thereon
by the exempt person, stating upon what the exemption is claimed.
Said certificate may be in a form similar to the following:
"I certify that I am engaged in surveying exclusively
for and believe
I am exempt from regulations and licensing under
West Virginia Code 30-13A-7
Signature"
§30-13A-18. Minimum standards for boundary surveys.
The purpose of these standards is to establish minimum
technical criteria to govern the performance of surveyors when
more stringent specifications are not required by other agencies,
contract, etc.. Further, the purpose is to protect the
inhabitants of this state from dishonest or incompetent
surveying, and generally to protect the public welfare.
(a) The client discussion prior to the survey should cover
the purpose of survey, scope of services, disputes with
adjoiners, fees and contract.
(b) The record search should include the record description
based on current and prior deeds, conveyance from common grantor,
or if necessary original survey or grant. It should also include
descriptions of adjoining properties, other sources of
information or resolution of conflicts in descriptions. All
records of information sources used will be retained as a
permanent record.
(c) The field survey will consist of a field search for
controlling evidence, a discussion of evidence with the owner,
adjoiners, or others having knowledge of the boundaries and the
location of evidence by traverse methods. The surveyor will use
methods and equipment suitable for the purpose of the survey, and
the field notes will be retained as a permanent record.
(d) Distance will be measured in feet or meters, or
fractions thereof, and angles will be measured in degrees or
parts thereof. These will be measured to a precision that will
produce the desired level of accuracy. Areas will be measured to
a precision consistent with the purpose of the survey. All measuring devices will be checked periodically for accuracy and
condition.
(e) Monumentation is required for all new or reestablished
corners, or reference monument for inaccessible corners, and is
encouraged at intervisible points between corners. Artificial or
set monuments will be made of durable ferrous material and set
firmly in the ground. Pipes will have a minimum inside diameter
of four inches, while rebars will have a minimum outside diameter
of one-half inch and both will have a minimum length of thirty
inches. Other markers shall have a minimum cross-sectional area
of three-tenths square inch and will be of durable material,
identifiable and unique. Natural objects chosen for corners
shall be durable, unique and easily identifiable.
(f) A plat will be prepared for all boundary surveys, shall
show the results of the field survey and will be delivered to the
client. Plats will be to a scale large enough to show
significant details. Information on plats will include when
applicable north arrows and basis of bearings, date of survey,
measured length and direction of each boundary line by distance,
bearing and quadrant and evidence of possession on or near the
property line.
The description of all corners or reference monuments, and
whether found (fd) or set, area of the parcel and of significant
parts, including streets, alleys and nonlotted area of
subdivision, state, county and district or municipality will be
shown on the plat. The subdivision name, lot, block and plat
reference will also be shown on subdivision or lot surveys.
The tax map, parcel number, name of current and/or past
owners for subject property and adjoiners, current conveyance
reference for subject property and adjoiners will be shown.
Name, address, license number, signature, seal of surveyor,
overlaps and gaps in record lines, former deed or grant lines as
needed, ties to significant objects and general location
information will also be included.
(g) A description will be prepared for each boundary survey
and will include the state, county, district or municipality and
watershed or topographic location. Lot and block numbers will be
shown for new platted subdivisions, but retracement surveys for
lots and other surveys will require a metes and bounds
description. The description will also include the point of
beginning, the description of monumentation at each corner and
objects encountered along the line, the length and direction of each line, and the radius, chord bearing and distance of a curved
boundary.
The description will also show the intent with regard to
adjoiner, physical evidence or record monument along the line.
The area of the parcel, reference to plat and surveyor preparing
description and the reference to conveyance by which the current
owner claims title, including grantor, grantee, date and place.
(h) The report of survey will be used when the plat and
description do not adequately address all matters considered by
the surveyor in performing the survey and will be provided to the
client with a plat and description.
The report will include all unusual circumstances
surrounding the survey, weight given to conflicting evidence and
encroachments, overlaps or gaps and how they were resolved, and
the names of adjoiners contacted and the information they
supplied.
(i) A mortgage/loan inspection survey in which boundaries on
a property have not been surveyed in accordance with the methods
set forth by the board, then the plat must be stamped "a mortgage
inspection survey only, not a boundary survey." The surveyor
must notify a landowner or other person commissioning their services if a survey or an inspection was performed.
NOTE: The purpose of this bill is to require that surveying
firms maintain a licensee on their company staff, and to
establish minimum technical criteria to govern the performance of
surveyors when more stringent specifications are not required by
other agencies.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Section twelve, article thirteen-a, chapter thirty is new;
therefore, strike-throughs and underscoring have been omitted.