ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 364
(Senators Sharpe and Ross, original sponsor)
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[Passed March 11, 1995; to take effect July 1, 1995.]
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AN ACT 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; exemptions to
examination requirements; and establishing 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, seven 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:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
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 full-time 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) "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 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) On and after the first day of July, one thousand nine
hundred ninety-five, six years or more of 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 curriculum of two scholastic years or
more. Eight years of 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 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 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 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 may apply 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), section
five of this article, 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 said section;
(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:
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.
§30-13A-12. Duty of county clerks and public officials.
No plat, 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 one inch, 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.