TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS
Proposed Regulation
Title of Regulation: 18VAC10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations (amending 18VAC10-20-10, 18VAC10-20-15, 18VAC10-20-20, 18VAC10-20-35, 18VAC10-20-40, 18VAC10-20-50, 18VAC10-20-85, 18VAC10-20-87, 18VAC10-20-90, 18VAC10-20-150, 18VAC10-20-160, 18VAC10-20-170, 18VAC10-20-210, 18VAC10-20-230 through 18VAC10-20-340, 18VAC10-20-350 through 18VAC10-20-392, 18VAC10-20-400, 18VAC10-20-420, 18VAC10-20-430 through 18VAC10-20-770, 18VAC10-20-790, 18VAC10-20-795; adding 18VAC10-20-105, 18VAC10-20-191, 18VAC10-20-785; repealing 18VAC10-20-17, 18VAC10-20-25, 18VAC10-20-55, 18VAC10-20-70, 18VAC10-20-75, 18VAC10-20-110 through 18VAC10-20-140, 18VAC10-20-200, 18VAC10-20-220, 18VAC10-20-345, 18VAC10-20-425, 18VAC10-20-780).
Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Public Hearing Information:
September 9, 2025 - 2 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Training Room Two, Richmond, VA 23233.
Public Comment Deadline: October 10, 2025.
Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, fax (866) 465-6206, or email apelscidla@dpor.virginia.gov.
Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects to establish the qualifications of applicants for certification or licensure that are necessary to ensure competence or integrity to engage in such profession or occupation and to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system. Section 54.1-404 of the Code of Virginia authorizes the board to promulgate regulations governing organization, professional qualifications of applicants, requirements necessary for passing examinations, proper conduct of examinations, implementation of exemptions from license requirements, and the proper discharge of the board's duties, including a code of professional practice and conduct.
Purpose: The board is responsible for regulating (i) those who practice or offer to practice as an architect, professional engineer, land surveyor, or landscape architect by requiring such individuals obtain a license in order to engage in these occupations and (ii) those who practice interior design by providing that such individuals may obtain certification as a certified interior designer as evidence of qualification to engage in this occupation. The performance of professional work by those who lack sufficient expertise poses a risk to the public health, safety, and welfare, including the potential for damage to property, personal injury, and death, and risk of financial harm to property owners and the public. This action updates and clarifies the provisions of the regulation and reduces the regulatory burden while still protecting the public health, safety, and welfare.
Substance: The proposed amendments (i) add and update definitions; (ii) repeal obsolete and unnecessary sections and consolidate language; (iii) reduce notification requirements regarding disciplinary actions and criminal convictions; (iv) eliminate the business branch office registration requirement; (v) expand the pathways for engineer-in-training, professional engineer, and surveyor-in-training credentials; (vi) eliminate certain application requirements, including an application to the board to sit for the licensing examination and letters of reference; (vii) replace licensure by comity with licensure by endorsement and set out requirements for licensure by endorsement; (viii) update minimum field and office procedures and standards related to land surveying; (ix) accommodate virtual supervision; (x) update and clarify general standards of practice; (xi) clarify renewal and reinstatement procedures; and (xii) prohibit dishonesty, fraud, misrepresentation, and breach of fiduciary duty.
Issues: The primary advantages of this action to the public and businesses are improved clarity, transparency, and efficiency in licensure and registration processes. The primary advantages to the agency and the Commonwealth are administrative efficiency and regulatory streamlining. There are no identified disadvantages to the public, the Commonwealth, or the agency.
Department of Planning and Budget Economic Impact Analysis:
The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1
Summary of the Proposed Amendments to Regulation. The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (board) proposes to (i) expand the pathways for engineer-in-training, professional engineer, and surveyor-in-training credentials; (ii) eliminate the business branch office registration requirement; (iii) require the use of more accurate angular measurement instruments; and (iv) revise several administrative requirements.
Background. This regulation sets the rules to effectively administer the regulatory system for licensed architects, professional engineers, land surveyors, landscape architects, certified interior designers and businesses providing professional services in Virginia that are required to be registered with the Board. This includes the minimum qualifications for entry, standards for continued competency, and minimum standards for conduct. Pursuant to the Executive Directive Number One (2022), which directs Executive Branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth. The Board has conducted a general review of this regulation. The proposed substantive changes to achieve the executive directive are discussed.
Estimated Benefits and Costs.
Pathways to engineer-in-training, professional engineer, and surveyor-in-training credentials: The board has previously eliminated five educational pathways to obtain the engineer-in-training (EIT) designation in a 2021 regulatory action.2 These pathways applied to students enrolled in Accreditation Board for Engineering and Technology (ABET) accredited undergraduate and graduate programs, graduates of approved engineering or engineering technology programs, dual degree holders, graduates of nonapproved engineering programs, and those who have obtained equivalent education to that of ABET accreditation. In that action, the board stipulated that an individual may only qualify for an EIT designation if they have graduated from an engineering program that is accredited by ABET or that meets the education standards of the National Council of Examiners for Engineering and Surveying (NCEES). However, the board has since determined that these 2021 amendments unintentionally created barriers to licensure for individuals who may not have graduated from an ABET accredited curriculum by requiring such individuals to take additional schooling to qualify for an EIT designation. In this action, the board proposes to restore the five previously repealed pathways to earn the EIT designation and eliminate the reliance on only the ABET and NCEES standards. The 2021 amendments also unintentionally limited pathways to obtain the professional engineer credential. For one of the pathways, the board now proposes to restore eligibility for those applicants who meet each of the following: (i) have graduated from a nonapproved engineering technology program of at least four years; (ii) have an EIT designation to qualify with at least 10 years of qualifying experience; and (iii) pass the fundamentals of engineering exam. For another pathway, the board proposes to restore eligibility to those who (i) have graduated from an engineering, engineering technology, or related science curriculum of four years or more; and (ii) also have at least 20 years of qualifying experience (these applicants are not required to pass the fundamentals exam but must have at least 20 years of qualifying experience). For the professional engineer credential, in addition to restoring the two pathways that existed before 2021, the board also proposes to allow individuals who have graduated from an ABET accredited engineering program to qualify based on (i) having passed the fundamentals examination; and (ii) also having four years of qualifying experience. Moreover, another pathway would be revised to allow individuals who have graduated from a four-year, related science program, engineering technology program, or non-ABET accredited engineering program to qualify based on (i) having passed the fundamentals examination; and (ii) also having six years of qualifying experience. This change would allow individuals who have graduated from a nonapproved engineering technology program to qualify with six years of experience, instead of 10. Provisions for professional engineer licensure by endorsement would be revised to allow international applicants who hold a valid license from a country that is a signatory to the mobility agreements of the International Engineering Alliance to qualify for licensure in Virginia. The Board also proposes to revise entry qualifications for the surveyor-in-training (SIT) designation. The proposal potentially allows more individuals to qualify for the SIT designation more quickly than the regulation currently provides. The proposed changes include allowing applicants with an acceptable associate degree to qualify for the fundamentals of surveying examination with two years of land surveying experience (instead of the currently required four years); reducing the required experience from eight years to six years for applicants who have graduated from high school and completed coursework in algebra, geometry, and trigonometry; introducing a new pathway that permits individuals who have earned a certificate or diploma in a minimum 30-hour surveying curriculum to qualify for the fundamentals examination with three years of land surveying experience. Moreover, provisions regarding the apprenticeship pathway to SIT qualification would be revised to provide that applicants must possess a minimum of three years of approved land surveying experience instead of the current requirement of six years of experience. As a result of these changes, some individuals who currently do not have qualifying education or experience would not be required to take additional education or to gain additional experience to meet the requirements for EIT or SIT designation and to become a professional engineer; this change would therefore potentially allow more individuals to qualify. The elimination of potential additional education would allow an individual to become licensed more quickly and is expected to provide savings to affected individuals in terms of money for schooling and the time it would take to earn educational credits. A reduction in experience requirements would allow higher earning potential, thereby allowing them to use their resources and time for other preferred activities. However, a reduction in educational requirements would also reduce revenues of affected education providers.
Business branch office registration: The board proposes to repeal the provisions that require branch offices for professional service businesses to register with the board, which the board states would reduce unnecessary regulatory burdens on businesses. Professional services include architecture, engineering, land surveying, landscape architecture, and interior design. Currently, business entities with a branch office must pay a $45 application fee for initial registration and a $35 renewal fee every two years thereafter for each branch. Going forward, only the primary business entity would be required to register. As a result of this change, the Department of Professional and Occupational Regulation (DPOR) is expected to see a loss in revenue of about $100,000 per year. This would also represent a reduction in fee payments for businesses with branch offices, and affected businesses should also see a reduction in administrative costs associated with registering their branches.
Technical changes: Angular measurement standards for land surveys would be revised to provide that measuring instruments must have a minimum accuracy of six seconds of arc or equivalent. The current requirement is 20 seconds of arc or equivalent. The board reports that this change is needed as the modern instruments are capable of achieving much more accuracy. This change would increase the stringency of a current technical standard for land surveyors. Some surveyors may have to purchase new equipment if their current equipment does not meet the proposed accuracy standard. On the other hand, landowners can be expected to benefit from more accurate surveys.
Administrative changes: The board proposes to eliminate requirements for applicants for licensed professions to apply to the board to receive approval to sit for the respective licensing examination. Currently, individuals seeking credentials must first apply to the board, have their applications reviewed by the board staff (and potentially by the board members), and then receive approval to take the applicable examination. Under the proposal, applicants would be permitted to apply to the board after successfully passing the applicable examination. Applicants for licensure should experience time savings as a result of no longer being required to apply to the board to receive approval to sit for a licensing examination. The proposal would also eliminate a requirement for applicants for licensure to submit letters of reference as part of an application for licensure. Applicants are expected to experience reduced administrative burden and time costs as a result of eliminating the requirement to provide letters of reference with a license application. The board proposes to eliminate a requirement that each registered business entity designate a resident responsible person for each of the professional services offered at each place of business for the business entity. Business entities would still be required to designate a responsible person for each of the professional services the business offers. Currently, each resident responsible person designated by the firm must exercise direct control and personal supervision of the work being offered or practiced at each place of business. The responsible person is required to be present for the majority of operating hours at the place of business. However, the board determined that with the widespread adoption of telework and virtual supervision practices, it is now possible to oversee work effectively without requiring a professional to be physically present at each business location. Business entities should experience reduced administrative burdens as a result of eliminating the requirement for each place of business for the business entity to have a resident responsible person for each of the professional services offered or provided at each location. This change has the potential to reduce the demand for office space. The prohibited act provisions would be revised to add that the board may discipline or sanction a regulant if the regulant has committed acts involving dishonesty, fraud, misrepresentation, or breach of fiduciary duty related to the practice of the profession. As a result, there may be additional administrative costs for regulants associated with requirements to report additional acts and for the Board to evaluate such reported acts. However, the Board anticipates that these costs would apply to only a very small number of regulants.
Businesses and Other Entities Affected. According to DPOR, as of April 1, 2025, approximately 42,500 individuals are licensed by the board and would be affected by the proposed changes. This includes 4,923 architects, 31,842 professional engineers, 1,386 land surveyors, 995 landscape architects, and 995 certified interior designers. Additionally, approximately 5,000 business entities registered with the Board would also be impacted. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.3 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.4 The proposal is expected to indirectly reduce revenues of education providers for EIT and SIT designations as well as professional engineer credential; and reduce the revenues of office space suppliers. Thus, an adverse impact is indicated for those entities.
Small Businesses5 Affected.6 DPOR believes that a majority of the affected businesses required to be registered would be considered small businesses. There may be also small businesses among adversely affected educational providers and office space suppliers.
Types and Estimated Number of Small Businesses Affected: The exact number of small businesses (education and office space providers) that may be adversely affected is not known.
Costs and Other Effects: The proposed amendments would reduce revenues of certain educational and office space providers. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.
Localities7 Affected.8 The proposed amendments do not introduce costs for localities.
Projected Impact on Employment. By allowing licensure sooner, the proposal would help with underemployment. However, the net impact on total employment is not known.
Effects on the Use and Value of Private Property. The proposed elimination of business branch office registration, and the reduction in educational and experience requirements as well as administrative burdens, should reduce regulatory compliance costs and add to the asset values of regulated businesses. On the other hand, the expected revenue reduction for educational providers and office space suppliers is expected to have the opposite impact on those entities. No impact on real estate development costs is expected.
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1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.
2 https://townhall.virginia.gov/L/ViewStage.cfm?stageid=8822.
3 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.
4 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.
5 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."
6 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.
7 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.
8 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.
Agency Response to Economic Impact Analysis: The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects concurs with the Department of Planning and Budget's economic impact analysis.
Summary:
The proposed amendments (i) add and update definitions; (ii) repeal obsolete and unnecessary sections and consolidate language; (iii) reduce notification requirements regarding disciplinary actions and criminal convictions; (iv) eliminate the business branch office registration requirement; (v) expand the pathways for engineer-in-training, professional engineer, and surveyor-in-training credentials; (vi) eliminate certain application requirements, including application to the board to sit for the licensing examination and letters of reference; (vii) replace licensure by comity with licensure by endorsement and set out requirements for licensure by endorsement; (viii) update minimum field and office procedures and standards related to land surveying; (ix) accommodate virtual supervision; (x) update and clarify general standards of practice; (xi) clarify renewal and reinstatement procedures; and (xii) prohibit dishonesty, fraud, misrepresentation, and breach of fiduciary duty.
18VAC10-20-10. Definitions.
A. 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 will only be applicable to interior design performed by a certified interior designer.
Land surveyor. When used in this chapter, land surveyor shall will include surveyor photogrammetrist, unless stated otherwise or if the context requires a different meaning.
Landscape architect
Practice of architecture
Practice of engineering
Practice of land surveying
Practice of landscape architecture
Professional engineer
Responsible charge
B. The following words, terms, and phrases when used in this chapter shall have the following meanings ascribed to them except where the context clearly indicates otherwise or requires different meanings:
"Application" means a completed application with the appropriate fee and any other required documentation including references, experience verification, degree verification, and verification of examination and licensure or certification.
"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 non-marijuana 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 exam;
4. Has not had a license, certification, or registration revoked or suspended for cause or been disciplined by 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 the Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by the Commonwealth.
"Endorsement" means a method of obtaining a license or certification by a person who is currently licensed or certified in another state.
"Good standing" means that the regulant holds a current or active license, certificate, or registration issued by any regulatory body that and is not subject to a current sanction. The regulant shall be in good standing in every jurisdiction where licensed, certified, or registered.
"NAAB" means the National Architectural Accrediting Board.
"NCARB" means the National Council of Architectural Registration Boards.
"NCEES" means the National Council of Examiners for Engineering and Surveying.
"Place of business" means any location that, through professionals, offers or provides the services of architecture, engineering, land surveying, landscape architecture, interior design, or any combination thereof. A temporary field office established and utilized for the duration of a specific project shall will not qualify as a place of business under this chapter.
"Profession" means the practice of architecture, engineering, land surveying, landscape architecture, or interior design.
"Professional" means an architect, professional engineer, land surveyor, landscape architect, or certified interior designer who holds a 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 the Commonwealth.
"Registrant" means a business entity holding a 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 license issued by the board 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, or rendered, or both. A professional can only be the responsible person for the profession indicated on his the person's 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.
18VAC10-20-15. Board organization.
The board's organization shall will be consistent with applicable provisions of the Code of Virginia. The board may have the following sections: Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects. Each section may meet as necessary.
18VAC10-20-17. Replacement of wall certificate. (Repealed.)
Any professional may obtain a replacement for a lost, destroyed, or damaged wall certificate upon submission of a department fee accompanied by a written request indicating that the certificate was lost, destroyed, or damaged. Multiple copies may be available at the discretion of the board or its agent.
18VAC10-20-20. General application requirements.
A. Applicants must be of good moral character. Good moral character may be established if the applicant:
1. Has not been convicted of a non-marijuana misdemeanor in the last 10 years or 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 proposed 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 exam;
4. Has not had a license, certification, or registration revoked or suspended for cause or been disciplined by 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 the Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by the Commonwealth.
B. Applications shall must be completed in accordance with instructions contained in this 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 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. C. Applicants shall must meet all entry requirements in effect at the time application is made.
E. D. Applicants shall must 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 must submit a new application.
F. E. The board may make further inquiries and investigations with respect to an applicant's qualifications and documentation to confirm or amplify information supplied.
G. F. 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. G. 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. (Repealed.)
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 this reference must have known the applicant within the last five years from the date of this application and for at least one year.
18VAC10-20-35. Experience.
All experience or training requirements contained in this chapter shall must be on the board-approved form and will be evaluated based on the applicant working a minimum of 30 hours per week. Any experience gained at less than 30 hours per week may be prorated at the sole discretion of the board.
18VAC10-20-40. Good standing of applicants.
A. Applicants currently licensed, certified, or registered to practice architecture, engineering, land surveying, landscape architecture, or interior design in another jurisdiction shall must be in good standing in every jurisdiction where licensed, certified, or registered.
B. Applicants shall not have had a must report any disciplinary action related to the profession, including any suspended, revoked, or surrendered license, certificate, or registration to practice architecture, engineering, land surveying, landscape architecture, or interior design that was suspended, revoked, or surrendered in connection with a disciplinary action or have been the subject of a disciplinary action in any jurisdiction.
C. Applicants must report any felony or misdemeanor convictions in any jurisdiction, excluding any misdemeanor marijuana convictions.
18VAC10-20-50. Transfer of scores to other boards.
The board, at its discretion and upon proper application, may forward the 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 the score be transferred to another registration board shall will state his the applicant's reason for the request in writing.
18VAC10-20-55. Language and comprehension. (Repealed.)
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. (Repealed.)
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 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 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 designee will determine, consistent with applicable law, any accommodations to be made.
18VAC10-20-75. Conduct at examination. (Repealed.)
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 ensure fair and equal treatment to all applicants during the course of the exam. Misconduct may result in removal from the exam site, voided exam scores, and restriction from future exam access.
18VAC10-20-85. Examination on regulations.
The board shall will provide applicants with an exam on its the board's regulations and statutes. All applicants for licensure or certification must achieve a passing score on this exam.
18VAC10-20-87. Expiration of initial licenses, certificates, and registrations.
A. Initial licenses Licenses, certificates, and registrations shall expire as follows: 1. Individual licenses and certificates shall will be valid for two years from the last day of the month in which they are issued.
2. Registrations for professional corporations, professional limited liability companies, and business entities shall expire on December 31 of the odd-numbered year following issuance.
3. Registrations for branch offices shall expire the last day of February of the even-numbered year following issuance.
B. Licenses, certificates, and registrations shall will expire in accordance with this section unless renewed pursuant to 18VAC10-20-670 or reinstated pursuant to 18VAC10-20-680.
18VAC10-20-90. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
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Application for Initial Architect License
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$150
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Application for Architect License by Comity Endorsement
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$150
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Renewal
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$110
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18VAC10-20-105. Qualifications for licensure as an architect.
A. Upon completing the requirements of this section, applicants may apply for licensure with the board.
B. Education.
1. Applicants for original licensure must hold a professional degree in architecture from a program accredited by NAAB. 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.
2. Applicants seeking credit for a degree or coursework that is not NAAB-accredited, whether foreign or domestic, must 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 any evaluation submitted. Any costs attributable to evaluation will be borne by the applicant.
C. Experience.
1. Applicants for original licensure must successfully complete the NCARB-administered architectural experience program, which satisfies the experience requirement outlined in 18VAC10-20-35.
2. 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 experience or training in architecture before licensure.
D. Examination. The board is a member board of NCARB and applicants for original licensure are required to pass the NCARB-prepared exam.
18VAC10-20-110. Education. (Repealed.)
A. Applicants for original licensure shall hold a professional degree in architecture from a program accredited by the National Architectural Accrediting Board (NAAB). 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 National Council of Architectural Registration Boards 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 any evaluation submitted. Any costs attributable to evaluation shall be borne by the applicant.
18VAC10-20-120. Experience. (Repealed.)
A. Applicants for original licensure shall successfully complete the National Council of Architectural Registration Boards (NCARB) administered architectural experience program, which satisfies the experience requirement outlined in 18VAC10-20-35.
B. Applicants with a National Architectural Accrediting Board-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. (Repealed.)
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 country in which a mutual recognition agreement has been executed between itself and National Council of Architectural Registration Boards 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. (Repealed.)
A. The board is a member board of National Council of Architectural Registration Boards (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 or have completed the NCARB-administered architectural experience program or are actively participating in an integrated path accepted by NCARB to architectural licensure option with a National Architectural Accrediting Board-accredited professional degree program in architecture option 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 of whether they passed or failed the exam. The exam shall not be reviewed by applicants. Unless authorized by NCARB rules and procedures, exam scores are final and not subject to change.
F. Scoring of the exam shall be in accordance with the national grading procedure administered 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 endorsement.
A. Applicants who hold a valid active license in another state or other jurisdiction of the United States or a country in which a mutual recognition agreement has been executed between itself and National Council of Architectural Registration Boards (NCARB) and accepted by the board may be granted a license, provided that they meet the requirements of 18VAC10-20-25 and the applicant:
1. They possess Possesses an NCARB certificate; or submits to the board verifiable documentation for education, experience, and exam meeting current requirements in Virginia; and
2. They met the Satisfies all other applicable requirements for licensure that were substantially equivalent to those in effect in Virginia at the time they were originally licensed of this chapter.
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.
18VAC10-20-160. Definitions.
The following words, terms, and phrases when used in this part shall have the following meanings ascribed to them except where the context clearly indicates otherwise or requires different meanings:
"ABET" means the Accreditation Board for Engineering and Technology.
"Approved engineering program" means an undergraduate engineering program of four years or more or a graduate engineering program approved by the board. ABET-approved EAC programs are approved by the board. Programs that are accredited by ABET not later than two years after an applicant's graduation shall will be deemed as ABET-approved.
"Approved engineering technology program" means an undergraduate engineering technology program of four years or more approved by the board. ABET-approved ETAC programs of four years or more are approved by the board. Programs that are accredited by ABET not later than two years after an applicant's graduation shall will 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 program" means a four-year program in biology, chemistry, geology, geophysics, mathematics, physics, or other 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 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 type and quality that indicates to the board that the applicant is minimally competent to practice engineering. Qualifying engineering experience shall must 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.
18VAC10-20-170. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
|
Application for Engineer-in-Training Designation
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$60
|
|
Application for Initial Professional Engineer License
|
$120
|
|
Application for Professional Engineer License by Comity Endorsement
|
$120
|
|
Renewal
|
$160
|
18VAC10-20-191. Requirements for an engineer-in-training designation.
Applicants must apply directly with NCEES to take the Fundamentals of Engineering (FE) exam. An applicant qualified under subdivision 1, 2, or 3 of this section will receive the engineer-in training (EIT) designation upon passing the FE exam and verification of the applicant's degree by the board. All other applicants will receive the EIT designation upon passing the FE exam. The EIT designation will remain valid indefinitely.
|
EDUCATIONAL REQUIREMENTS
|
NUMBER OF YEARS OF QUALIFYING ENGINEERING EXPERIENCE
|
|
1. Student applicants must meet one of the following:
a. Be enrolled in an ABET-accredited undergraduate EAC or ETAC curriculum, have 12 months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee;
b. Be enrolled in an ABET-accredited graduate or doctorate EAC or ETAC curriculum, have six months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee; or
c. Be enrolled in a graduate curriculum that is ABET-accredited EAC or ETAC at the undergraduate level at the institution at which the graduate degree is being sought, have six months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee.
|
0
|
|
2. Graduated from an approved engineering or an approved engineering technology curriculum.
|
0
|
|
3. Dual degree holders must:
a. Have graduated from a non-ABET-accredited undergraduate engineering curriculum of four years or more; and
b. Have graduated from a graduate or doctorate engineering curriculum that is ABET accredited at the undergraduate level.
|
0
|
|
4. Graduated from a nonapproved engineering curriculum or from a related science curriculum of four years or more.
|
2
|
|
5. Obtained, by documented academic coursework, the equivalent of education that meets the requirements of ABET accreditation for the baccalaureate engineering technology curricula. Whether an education is considered to be equivalent will be determined by the judgment of the board.
|
6
|
18VAC10-20-200. Requirements for engineer-in-training designation. (Repealed.)
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 licensure as a professional engineer.
A. In order to be licensed as a professional engineer, applicants shall:
1. Satisfy one requirement of 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 will be applied as follows:
|
EDUCATIONAL REQUIREMENTS
|
EIT PASSING OF FUNDAMENTALS EXAM REQUIRED?
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NUMBER OF REQUIRED YEARS OF QUALIFYING ENGINEERING EXPERIENCE
|
|
1. Have graduated from an approved ABET- accredited engineering program.
|
YES
|
4
|
|
2. Dual degree holders.
a. Have graduated from an ABET-accredited undergraduate engineering program; and
b. Have graduated from a doctorate engineering program that is ABET accredited at the undergraduate level.
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NO
|
4
|
|
3. Have graduated from a nonapproved engineering program of four years or more, a four-year related science program, or an approved engineering technology program, or a non-ABET-accredited engineering program.
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YES
|
6
|
|
4. Have graduated from a nonapproved obtained, by documented academic coursework, the equivalent of education that meets the requirements of ABET accreditation for the baccalaureate engineering technology program of four years or more. Whether an education is considered to be equivalent will be determined by the judgment of the board.
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YES
|
10
|
|
5. Have graduated from an engineering, engineering technology, or related science curriculum of four years or more.
|
NO
|
20
|
18VAC10-20-220. References. (Repealed.)
In addition to the requirements found in 18VAC10-20-25, applicants shall satisfy one of the following:
1. An applicant for the engineer-in-training designation shall provide one reference that indicates the applicant's personal integrity from one of the following:
a. A professional engineer;
b. The dean, or the dean's designee, of the engineering school attended by the applicant; or
c. An immediate work supervisor.
2. An applicant for 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.
18VAC10-20-230. Education.
A. An applicant who is seeking credit for a degree that is not ABET accredited as ETAC or EAC and was earned from an institution outside the United States shall and its territories must have the degree authenticated and evaluated by an educational credential evaluation service. The board may consider the degree as an approved engineering program or approved engineering technology program. The board reserves the right to reject any evaluation submitted by the applicant.
B. Degrees earned within the United States for any nonapproved engineering program, related science program, or nonapproved engineering technology program of four years or more shall must 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 must document all of his the applicant's engineering experience using a board-provided form. The information provided on the form shall must clearly describe the engineering work or research that the applicant personally performed; delineate his the applicant's role in any group engineering activity; provide an overall description of the nature and scope of his the applicant's work; and include a detailed description of the engineering work personally performed by him the applicant. 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 will be applied as follows:
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Type of Experience
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Qualifying
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Nonqualifying
|
|
1. Design experience.
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A demonstrated use of engineering computation and problem-solving skills.
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Drafting of design by others.
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|
2. Construction experience.
|
A demonstrated use of engineering computation and problem-solving skills.
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The execution as a contractor of work designed by others, the supervision of construction, and similar nonengineering tasks.
|
|
3. Military experience.
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Engineering of a character substantially equivalent to that required in the civilian sector for similar work.
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Nonengineering military training and supervision.
|
|
4. Sales experience.
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A demonstrated use of engineering computational and problem-solving skills.
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The selection of data or equipment from a company catalogue, similar publication, or database.
|
|
5. Industrial experience.
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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.
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The performance of maintenance of existing systems, replacement of parts or components, and other nonengineering tasks.
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|
6. Graduate or doctoral degree.
|
Only one year of qualifying experience will be given for any combination of advanced degrees in an engineering program. In addition, if a degree is used to satisfy the education requirement, it cannot also be used toward satisfying the experience requirement.
|
Research conducted as part of a graduate or doctoral degree shall will not count as additional experience if credit for the degree is granted pursuant to 18VAC10-20-210.
|
|
7. Teaching.
|
For teaching experience to be considered qualifying by the board, the applicant shall must have taught in an engineering program approved by the board and shall must have been employed in the level of instructor or higher.
|
|
|
8. Co-op or internship.
|
Engineering experience gained during a co-op or internship may be deemed qualifying engineering experience to a maximum of one year of credit.
|
|
|
9. General.
|
|
Experience in claims consulting, drafting, estimating, and field surveying.
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C. The board, in its sole discretion, may permit partial credit for approved qualifying engineering experience obtained prior to graduation from an engineering program. Partial credit shall will not exceed one-half of that required for any method of initial licensure.
18VAC10-20-260. Examinations.
A. 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. 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. 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. A. 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. B. 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.
18VAC10-20-270. Licensure by comity endorsement.
A. Applicants holding a valid license to practice engineering in other states or jurisdictions of the United States may be licensed, provided they satisfy that the applicant satisfies the provisions of this subsection. Applicants shall must:
1. Submit to the board verifiable documentation that the for education, experience, and exam that meets the requirements by which they were the applicant was first licensed in the original jurisdiction were and is 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;
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. 2. Satisfy all other applicable requirements of this chapter.
B. International endorsement. 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 holding a valid license in a country that is a signatory to the mobility agreements of the International Engineering Alliance may be licensed provided the applicant satisfies the provisions of this subsection. Applicants must:
1. Submit evidence of education meeting the requirements of 18VAC10-20-230.
2. Submit evidence of seven years of qualifying engineering experience in accordance with 18VAC10-20-240.
3. Satisfy all other applicable requirements of this chapter.
18VAC10-20-280. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
|
Application for Surveyor-in-Training Designation
|
$85
|
|
Application for Initial Land Surveyor License
|
$150
|
|
Application for Initial Surveyor Photogrammetrist License
|
$150
|
|
Application for Initial Land Surveyor B License
|
$150
|
|
Application for License by Comity Endorsement
|
$150
|
|
Renewal
|
$180
|
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. 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. 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.
"Rural land surveys" include surveys on properties located outside urban/suburban properties.
“Urban/suburban land surveys" include surveys on properties that lie within or adjoin city or town limits, suburban areas, or other high-valued properties.
18VAC10-20-300. Requirements for surveyor-in-training designation.
A. Applicants must apply directly with NCEES for the FS exam. All applicants will receive the surveyor-in-training (SIT) designation upon passing the Fundamentals of Surveying (FS) exam, receiving approval from a board-reviewed application, and meeting all other board requirements. All applicants must satisfy one of the following conditions in subdivisions 1 through 8 of this subsection. Applicants who do not complete their applications and receive their designations within the three years from the date that they apply of application must reapply and satisfy one of the following:
1. Be enrolled in an EAC/ABET-accredited surveying or surveying technology 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 the dean's designee;
2. Have earned an undergraduate degree from an EAC/ABET-accredited surveying or surveying technology program acceptable to the board;
3. Have earned 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;
6. 5. Have earned a board-approved associate's degree related to surveying acceptable to the board and possess a minimum of four two years of approved land surveying experience;
6. Have earned a certificate or diploma in a surveying curriculum of a minimum of 30 credit hours in a surveying program acceptable to the board and possess a minimum of three years of approved land surveying experience;
7. Have successfully completed a board-approved registered survey apprenticeship program. The apprenticeship program shall include a minimum of 480 hours of surveying-related classroom instruction with approved by the board, including all work hours and required related technical instruction and possess a minimum of six three years of approved land surveying experience; or
8. Have graduated from high school with evidence of successful completion of courses in algebra, geometry, and trigonometry and possess a minimum of eight six years of approved land surveying experience.
B. Applicants seeking approval to sit for the Fundamentals of Surveying (FS) exam SIT designation pursuant to subdivisions A 3 through A 8 of this section may apply board-approved college credits to help meet toward the experience requirement. The maximum rate of college credit substitution for experience shall will 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 will not be eligible for experience substitution.
C. All applicants shall receive the SIT designation upon passing the FS exam, 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. 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, in addition to the requirements of 18VAC10-20-300, will be approved to sit for:
a. The Principles and Practice of Land Surveying exam;
b. The Virginia-specific land surveying exam; and
c. The board supplied board-supplied exam on regulations.
2. A qualified applicant shall will be granted a license to practice land surveying upon passing 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, in addition to the requirements of 18VAC10-20-300, will be approved to sit for the following board-approved exams:
a. The board-approved surveyor photogrammetrist exam;
b. The Virginia-specific land surveying exam; and
c. b. The board supplied board-supplied exam on regulations.
2. A qualified applicant shall will be granted a license to practice photogrammetric surveying upon passing all three both exams and meeting all other board requirements.
18VAC10-20-320. Requirements for the land surveyor B license.
A. An applicant shall must:
1. Hold a valid Virginia license as a land surveyor;
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 a board-approved exam developed by the board.
B. A qualified applicant shall will be issued a land surveyor B license upon passing the board-developed board-approved exam and meeting all board requirements of in subsection A of this section.
18VAC10-20-330. Education.
An applicant who is seeking credit for a degree earned from an institution outside of the United States shall must have his the applicant's degree authenticated and evaluated by an education evaluation service approved by the board. The board reserves the right to reject any evaluation submitted by the applicant. Any cost of evaluation shall will 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. the following requirements must be met:
1. Written verification of work experience must document experience that has been gained under the direct control and supervisor of a licensed land surveyor or licensed surveyor photogrammetrist on forms provided by the board.
2. This experience must have been acquired in positions requiring the exercise of independent judgment, initiative, and professional skill.
3. Experience may be gained either prior to or after education is obtained.
4. Experience must 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.
5. Notwithstanding the definition of "approved land surveying experience" or "approved photogrammetric surveying or similar remote sensing technology experience," the requirements set forth in 18VAC10-20-310 will not be waived.
18VAC10-20-345. References. (Repealed.)
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 initial licensure shall be are received by the board in accordance with the following deadlines:
1. Applicants for the surveyor-in-training designation submitted pursuant to 18VAC10-20-300 A are eligible to sit for the Fundamentals of Surveying (FS) exam.
2. 1. Upon successful completion of the FS exam achievement of the surveyor-in-training designation, applicants who qualify may apply to sit for the other surveying exams.
3. All applications for the Virginia-specific exam shall be received in the board's office no later than 130 days prior to the scheduled exam.
2. Upon successful completion of the land surveyor licensure requirements, applicants who qualify under 18VAC10-20-320 may apply to sit for the land surveyor B exam.
B. The board is a member board of the National Council of Examiners for Engineering and Surveying (NCEES) and authorizes NCEES to administer the national surveying related exam. Applicants sitting for the exam shall follow NCEES procedures must apply to the board to be approved to sit for examinations. Applicants must register and submit the required exam fee to the board's designee. Applicants must follow all board regulations and designee requirements.
C. The 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. C. Applicants approved to sit for the exam shall will be eligible for a period of three years from the date of their initial approval. Applicants who do not pass the exam during their the eligibility period are no longer eligible to sit for the exam. To become exam-eligible again, applicants shall must reapply to the board, 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 endorsement.
A. Applicants holding a valid license In order to become licensed as a land surveyor in Virginia, any person currently licensed 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 must:
1. Submit to the board verifiable documentation that the of education, experience, and exam requirements by which they were first licensed in the original jurisdiction were substantially equivalent to the meeting current 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. 2. Pass the Virginia-specific exam; and
5. 3. 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 B. In order to become licensed as a land surveyor photogrammetrist in Virginia, any person currently licensed 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 must:
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 Submit to the board verifiable documentation of education and experience, and pass the Virginia-approved mapping sciences or submit proof of passing a substantial equivalent meeting current requirements in Virginia; or and
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 Satisfy all other applicable requirements of this chapter.
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 this regulation will 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 must search the land records for the proper description of the land to be surveyed and obtain the description of adjoining land as it pertains to the common boundaries. The professional shall must 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 must be carefully compared in order to aid in the establishment of the correct boundaries of the land being surveyed. The professional shall must 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. 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 total-station or scan-station instrument that allows a direct reading to a minimum accuracy of 20 six seconds of arc or equivalent. The number of angles turned at a given station or corner will be the number 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 must be made (i) with metal tapes that have been checked and are properly calibrated as to incremental distances or (ii) with properly calibrated electronic distance measuring equipment, preferably included within the properly adjusted total-station or scan-station instrument, following instructions and procedures established by the manufacturer of such equipment. All linear measurements shall must be reduced to the horizontal plane and distances between monuments must be reported as ground plane measurement, and other necessary corrections shall must be performed before using such linear measurements for computing purposes.
3. D. Field traverse and land boundary closure and accuracy standards.
1. For a land boundary survey located in a rural area, the maximum permissible error of closure for a field traverse shall will be one part in 10,000 (1/10,000). The attendant angular closure shall will be that which will sustain the one part in 10,000 (1/10,000) maximum error of closure. The angular error of closure must not exceed 20 seconds times the square root of the number of angles turned. The ratio of precision must not exceed an error of closure of one foot per 10,000 feet of perimeter of closed loop control traverse (1:10,000). Based on the network adjustment at the 95% confidence level, neither axis of the 95% confidence level error ellipse for any control point, property corner, or independent point located on the boundary may exceed 0.10 feet (or 0.030 meters) plus 50 ppm measured relative to any other point on the survey.
2. For land boundary surveys located in an urban/suburban area, the angular error of closure for the closed loop control traverse must not exceed 10 seconds times the square root of the number of angles turned. The ratio of precision must not exceed an error of closure of one foot per 20,000 feet of the perimeter of the closed loop control traverse (1:20,000). Based on the network adjustment at the 95% confidence level, neither axis of the 95% confidence level error ellipse for any control point, property corner, or independent point located on the boundary may exceed 0.05 feet (or 0.015 meters) plus 30 ppm measured relative to any other point on the survey. For a land boundary survey located in an urban area, the maximum permissible error of closure for a traverse shall will 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 must not exceed the positional tolerance of 0.07 feet (or 20 mm % +/- 2B 50 ppm).
E. When using GNSS for land boundary surveying, in order to meet error of closure and relative positional accuracy standards, multiple simultaneous and concurrent observations must be used to obtain baseline solutions to compute network or closed traverse errors of closure as outlined in this section. A single real-time kinematic (RTK) vector solution yields a "no check" solution and therefore, by itself, does not meet minimum standards and must not be used without additional independent checks.
4. 1. Monumentation. As a requisite for completion of the work product, each land boundary survey of a tract or parcel of land shall must 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 must, when physically feasible, be identified by a temporary witness marker. Where it is not physically feasible to set actual corners, appropriate reference monuments shall must be set, preferably on the boundary line, and the location of each shall must 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 must be monumented in accordance with the provisions of this subdivision, section when such monumentation is not otherwise regulated by the provisions of a local subdivision ordinance.
5. 2. 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 will require that those existing property lines be established through their entire length. This shall will include the recovery or reestablishment of the existing corners for each end of the existing property lines.
D. F. Office procedures.
1. Computations. The computation of field work data shall must 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 must be used to determine the final land boundary of the land involved.
2. Plats and maps. The following information shall must 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. The inconsistencies shall must 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 or state plane coordinates must be provided.
g. Items crossing any property lines such as, but not limited to, physical encroachments improvements 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 one second of arc or equivalent. Distances of all property lines and meanders to the nearest one hundredth (.01) of a foot or equivalent. Meanders are defined as lines of convenience used to close the figure along an irregular geometry of natural boundary course, such as a river or shoreline, or along a boundary at the center of a roadway.
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 equivalent.
k. Pursuant to subdivision C 5 E 2 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 equivalent.
m. For property located in urban urban/suburban areas, area to the nearest square foot or thousandth (0.001) of an acre or equivalent.
n. North arrow and source of meridian used for the survey.
o. For interior surveys, when the new parcel is entirely surrounded by the parent tract, a reference bearing and distance to a property corner of an adjoining owner or other prominent object, including 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 and includes the closed-loop traverse methodology, such as total station or redundant GNSS observations, used to perform the field survey, 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 must clearly depict that the plat does not represent a current land boundary survey and the plat must not be titled as a 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 physical improvements, and improvements are shown on the plat.
u. Name, address, 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 must prepare a metes and bounds description in narrative form, if requested by the client or the client's agent, for completion of any newly performed land boundary survey. The description shall must reflect all metes and bounds, to include bearings, distances, and curve data sufficient to reconstruct the geometry, 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 must be recited in a clockwise direction around the property. The professional shall must 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. For subdivisions, the professional shall must prepare a metes and bounds description in narrative form for only the exterior boundaries of the property.
No metes and bounds description shall will 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 equivalent (sometimes also known as e.g., "building location survey," "house location surveys," "physical surveys," etc.) in the Commonwealth of Virginia. The application of the professional's seal, signature, and date as required by this chapter shall will 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 must determine the position of the lot or parcel of land in accordance with the intent of the original survey and shall must set or verify permanent monumentation at each corner of the property, consistent with the monumentation provisions of subdivision C 4 E 1 of 18VAC10-20-370. All such monumentation, other than natural monumentation shall must, when physically feasible, be identified by temporary witness markers.
When the professional finds discrepancies of sufficient magnitude to warrant, in his the professional's opinion, the performance of a land boundary survey (pursuant to the provisions of 18VAC10-20-370), he shall so the professional must 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 must be determined in the field:
1. Fences in near proximity to the land boundary lines and other fences 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 e.g., manholes, catch basins, telephone pedestals, power transformers, etc.), utility lines, and poles.
3. Cemeteries, if known or, disclosed, or discovered in the process of performing the survey; roads or traveled ways crossing the property that serve other properties; and streams, creeks, and other defined drainage ways.
4. Other visible evidence of physical encroachment improvements on the property.
C. The plat reflecting the work product shall must be drawn to scale and shall must 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 must 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 must be shown. All bearings shall must be shown in a clockwise direction, unless otherwise indicated.
2. North arrow, in accordance with record data and source of meridian used for the survey.
3. Fences in the near proximity to the land boundary lines and other fences 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 All physical improvements, including fences, across a property line shall must be identified and dimensioned with respect to the property line.
6. The closest dimension (to the nearest 0.1 foot or 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 equivalent).
7. Building street address numbers, as displayed on the premises, or so noted if no numbers are displayed. In absence of physical numbers, an address as shown on the locality's geographic information system.
8. Stoops, decks, porches, chimneys, balconies, floor projections, and other similar type features.
9. Street names, as posted or currently identified and as per record data if different from posted name.
10. Distance to nearest road 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 lines per restrictive covenants if shown or noted on the record subdivision plat.
12. The caption or title of the plat shall must 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 names of the record owner; town, 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 shall must 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.
19. Name, address, and contact information for the land surveyor or registered business.
D. In performing a physical improvements survey, a professional shall will 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. 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 must clearly note on the plat "no corner markers set," the reason why it is not required, and the name of guarantors providing the performance guaranty.
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 this chapter shall will 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 will 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 e.g., manholes, catch basins, telephone pedestals, power transformers, etc.), and utility lines and poles shall must be shown or depicted when they are visible based on the methodology and scale. If the methodology or scale prevents depiction of the improvements as described in this subdivision section, then notice shall must 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 must be provided as spot elevations, contours, or digital terrain models.
3. Onsite, or in close proximity, benchmarks shall must be established on site or in close proximity of the project and shown in the correct location, with correct reference to vertical datum, preferably North American Vertical Datum (NAVD), and shown in the correct location. Clearly state reference and basis of vertical datum. Elevations must be provided as spot elevations, contours, or digital terrain models.
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, surveyor photogrammetrist, or registered business.
7. Date, graphic scale, numerical scale, and contour interval of plat, map, or digital geospatial data, including metadata.
8. North arrow and source of meridian used for the survey.
9. Names or route numbers of highways, streets, and named waterways shall must be shown.
10. A distance to the nearest road intersection or prominent or well-known object. In cases of remote areas, latitude and longitude or state plane coordinates must be provided.
11. The horizontal and vertical unit of measurement, coordinate system, and data, including adjustments if applicable.
11. 12. A statement, in the following form, shall must 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 Ground/Conventional RTKGPS (or GNSS) or Remote Sensing Remotely Sensed (check the one all that is are applicable) survey made under my supervision; that the imagery and/or 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.
For the purposes of the certification above, remotely sensed data includes photogrammetry, airborne LIDAR, terrestrial and mobile LIDAR, and for hydrographic surveys, sonar or other acoustic type technologies for measurements.
C. Minimum positional accuracies shall must 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 will 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 must meet an equivalent positional accuracy. Map or plat scales, or contour intervals, other than those defined in these tables shall must 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.
|
18VAC10-20-390. Geodetic surveys.
All geodetic surveys, including, but not limited to, the determination and publication of horizontal and vertical values utilizing Global Positioning Systems (GPS), which that relate to the practice of land surveying as defined in § 54.1-400 of the Code of Virginia, shall must be performed under the direct control and personal supervision of a professional as defined in Part I (18VAC10-20-10 et seq.) of this chapter.
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 must be performed under the direct control and supervision of a licensed land surveyor or a licensed surveyor photogrammetrist.
18VAC10-20-400. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
|
Application for Initial Landscape Architect License
|
$150
|
|
Application for Landscape Architect License by Comity Endorsement
|
$150
|
|
Renewal
|
$190
|
18VAC10-20-420. Requirements for licensure.
Applicants for licensure as a landscape architect shall must satisfy the requirements of subdivision 1 or 2 of this section.
1. An applicant who has graduated from a landscape architecture program accredited by the Landscape Architectural Accreditation Board (LAAB) shall must have:
a. Obtained a minimum of 36 months of experience as follows:
(1) A minimum of 12 months of experience under the direct control and personal supervision of a licensed or certified landscape architect;
(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; 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
b. Passed all sections of the Council of Landscape Architectural Registration Board (CLARB)-prepared exam.
2. Applicants who have not graduated from a LAAB-accredited landscape architecture program shall must have obtained a minimum of eight years of combined education and work experience in accordance with this subsection.
a. Only semester and quarter hours with passing scores shall will be accepted. Credit shall will be calculated as follows:
(1) 32 semester credit hours or 48 quarter credit hours shall will be worth one year.
(2) Fractions greater than or equal to one half-year, but less than one year, will be counted as one-half year.
(3) Fractions smaller than one half-year will not be counted.
b. The maximum years indicated in subdivisions a through d of the Landscape Architects Education Credit Table shall will apply regardless of the length of the degree program.
c. All applicants shall must have a minimum of two years of experience under the direct control and personal supervision of a licensed or certified landscape architect.
d. Education and experience shall will 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
|
|
(1) Credits completed applicable toward a LAAB-accredited degree.
|
Credit shall will 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.
|
|
(2) A degree in landscape architecture, or credits completed applicable toward a degree in landscape architecture, from a non-LAAB-accredited program.
|
|
(3) A degree, or credits completed applicable toward a degree, in an allied professional discipline approved by the board (i.e., architecture, civil engineering, environmental science).
|
Credit shall will 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.
|
|
(4) Any other undergraduate degree or credits completed applicable toward that degree.
|
Credit shall will 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
|
|
(5) Experience gained under the direct control and personal supervision of a licensed or certified landscape architect.
|
Credit shall will 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.
|
|
(6) Experience gained under the direct control and personal supervision of a licensed architect, professional engineer, or land surveyor.
|
Credit shall will 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. (Repealed.)
In addition to the requirements found in 18VAC10-20-25, applicants shall submit three references with the application, one of which shall be from a currently licensed, certified, or registered landscape architect in a state or other jurisdiction of the United States. An applicant shall only submit references from a licensed professional engineer, architect, land surveyor, or a landscape architect who has personal knowledge of the applicant's competence and integrity relative to his landscape architectural experience.
18VAC10-20-430. Experience standard.
Qualifying landscape architectural training and experience shall must 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. The Virginia board is a member of the Council of Landscape Architectural Registration Boards (CLARB) and is authorized to 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 must 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 will be in accordance with the national grading procedures administered by CLARB. The board shall will utilize the scoring procedures recommended by CLARB.
E. Applicants shall will be advised only of their passing or failing score and the CLARB minimum passing score.
F. 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 will 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 must 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 will apply.
2. Applicants who do not meet the criteria of subdivision 1 of this subsection shall must reapply to the board and meet all entry requirements current at the time of reapplication.
18VAC10-20-450. Licensure by comity endorsement.
A. Applicants with who hold a valid active license in good standing to practice landscape architecture issued by another state or other jurisdiction of the United States that is accepted by the board may be licensed by the board without further examination granted a license provided they the applicant:
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;
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 1. Possesses a CLARB certificate.
2. Submits to the board verifiable documentation for education, experience, and exam meeting current requirements in Virginia; and
3. Satisfies all other applicable requirements of this chapter.
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.
18VAC10-20-460. Definitions.
The following words, terms, and phrases when used in this part shall have the following meanings ascribed to them except where the context clearly indicates otherwise or requires different meanings.
"CIDA" means the Council for Interior Design Accreditation, 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 code analysis, fire safety consideration, and barrier free 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, architect, or 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 program;
2. A graduate degree from a CIDA-accredited program; or
3. A graduate degree in interior design plus an undergraduate degree that in combination are deemed by the board to be substantially equivalent to an undergraduate degree program from a CIDA-accredited 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 must be determined to be CIDA accredited.
18VAC10-20-470. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
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Application for Initial Interior Designer Certification
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$90
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Application for Interior Designer Certification by Comity Endorsement
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$90
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Renewal
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$90
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18VAC10-20-490. Requirements for certification.
A. Applicants shall must possess a degree from a professional program approved by the board.
B. The board reserves the right to reject any evaluation submitted. Any costs attributable to evaluation shall will be borne by the applicant.
C. Applicants shall must 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 will be reduced by 50% and shall will not account for more than six months of the two years required by this subsection.
D. Applicants shall must have passed the board-approved exam and provide documentation acceptable to the board verifying that the exam has been passed.
18VAC10-20-495. Examination.
A. The National Council of Interior Design Qualification exam is approved by the board.
B. Applicants shall must apply directly to the Council for Interior Design Qualifications for the exam.
18VAC10-20-505. Certification by comity endorsement.
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.
Part X
Renumber Part X as Part VIII Qualifications for Registration as a Business Entity
18VAC10-20-627. Registration required.
Any business entity offering or rendering professional services in the Commonwealth of Virginia shall must register with the board and designate a responsible person for each professional service offered. Professional services shall include architecture, engineering, land surveying, landscape architecture, or interior design.
18VAC10-20-630. Fee schedule.
All fees are nonrefundable and shall will not be prorated.
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Application for business entity registration
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$180
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Application for business entity branch office registration
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$90
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Renewal of business entity registration
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$90
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Renewal of business entity branch office registration
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$90
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18VAC10-20-640. Application requirements.
A. All applicants shall must 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 must 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 must 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 must contain an affidavit by an authorized official in the business entity that the practice of architecture, engineering, land surveying, landscape architecture, or interior design to be done by that entity shall will 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 must sign their names indicating that they are responsible persons who are resident, and that they understand and shall will comply with all statutes and regulations of the board.
18VAC10-20-660. Change of status.
A. Any changes of status, including, but not limited to, change in entity, name (including assumed names), address, place of business, or responsible persons at each place of business, shall must be reported to the board by the registered entity within 30 days of the occurrence. In addition, any licensed or certified employee responsible for such practice shall must notify the board in writing of any changes of his employment status within 30 days of the change.
B. In the event there is a change in the responsible person, whether the change is temporary or permanent and whether it may be caused by death, resignation or otherwise, the registration shall will be automatically modified to be limited to that professional practice permitted by the remaining licensed or certified employees, or shall will be automatically suspended until such time as the entity comes into compliance with these regulations this chapter.
Part XI
Renumber Part XI as Part IX Renewal and Reinstatement
18VAC10-20-670. Renewal.
A. Regulants shall must not practice with an expired license, certificate, or registration. The following timeframes shall will 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 will be required to renew.
2. If the renewal fee is not received by the board within 30 days following the expiration date of the license or certificate, a $50 late fee shall will be required in addition to the renewal fee. For renewal of a business entity or branch office registration, a $50 late renewal fee shall be required in addition to the renewal fee.
3. 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 will 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 will be renewed for a two-year period from the previous expiration date.
C. Branch offices shall not renew or reinstate until the main office registration is properly renewed or reinstated.
D. C. 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. D. 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 compliance with the continuing education requirements as contained in this chapter.
F. E. Failure to receive a renewal notice shall will 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. F. A license, certificate, or registration that is renewed shall will be regarded as having been current without interruption and under the authority of the board.
H. G. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall will result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, or processing a new application, or exam administration.
18VAC10-20-680. Reinstatement.
A. Applicants whose license, certificate, or main office business entity registration has expired for more than six months, and applicants whose branch office registration has expired for more than 30 days, shall will be required to submit a reinstatement application, which shall will 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 will 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).
E. The date the reinstatement fee is received in the board's office shall will determine the amount to be paid pursuant to the following requirements:
1. Licenses, certificates, and registrations that have been expired for more than six months, but less than five years, shall will require a reinstatement fee that shall will equal the renewal fee plus $200.
2. Licenses, certificates, and registrations that have been expired for more than five years shall will require a reinstatement fee that shall will equal the renewal fee plus $300.
F. Licensees shall will remain under and be subject to all laws and regulations as if the licensee had been continuously licensed. The licensee will remain under and be subject to the disciplinary authority of the board during this entire period 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 will 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 will result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, or processing a new application, or exam administration.
18VAC10-20-683. Continuing education requirements for renewal or reinstatement.
A. Licensees are required to complete continuing education (CE) pursuant to the provisions of § 54.1-404.2 of the Code of Virginia for any renewal or reinstatement.
B. CE for renewal shall must be completed during the two-year license period immediately prior to the expiration date of the license and shall will be valid for that renewal only; additional hours shall will not be valid for subsequent renewal.
C. CE for reinstatement shall must be completed during the two years immediately prior to the date of the board's receipt of a reinstatement application and shall will be valid for that reinstatement only; additional hours shall will not be valid for subsequent renewal.
D. Licensees shall must maintain records of completion of CE used to renew a license for three years from the date of expiration of the license. Licensees shall must 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, 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 will equal one hour of CE. For activities that consist of segments that are less than 50 minutes, those segments shall will be totaled for computation of CE for that activity.
2. One semester hour of college credit shall will equal 15 hours of CE and one-quarter hour of college credit shall will equal 10 hours of CE.
3. The number of hours required to successfully complete any CE activity must have been determined by the sponsor. A licensee shall must 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 must not be claimed for subsequent offerings of the same activity.
5. A licensee applying for renewal shall will 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 will 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 the licensee's reinstatement application.
G. The board may periodically conduct a random audit of its the board's licensees who have applied for renewal to determine compliance. Licensees who are selected for audit shall must 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 will be required to make up the deficiency to satisfy the CE requirement for that license renewal or reinstatement. Any CE activity used to satisfy the deficiency shall will not be applied to his the licensee's current license CE requirement or any subsequent renewal or reinstatement.
18VAC10-20-687. Exemptions and waivers.
Pursuant to § 54.1-404.2 of the Code of Virginia, the board may grant exemptions to, waive, or reduce the number of continuing education activities required in cases of certified illness or undue hardship. However, such exemptions, waivers, or reductions shall will not relieve the individual of his the obligation to comply with any other requirements of this chapter, including, but not limited to, the provisions of 18VAC10-20-670 or 18VAC10-20-680.
Part XII
Renumber Part XII as Part X Standards of Practice and Conduct
18VAC10-20-690. Responsibility to the public.
The primary obligation of the regulant is to the public. The regulant shall must recognize that the health, safety, and welfare of the general public are dependent upon professional judgments, decisions, and practices. If the judgment of the regulant is overruled resulting in circumstances when the health, safety, or welfare of the public is endangered, the regulant shall must inform the employer, client, and appropriate authorities in writing of the possible consequences.
18VAC10-20-700. Public statements.
A. The regulant shall must be truthful in all professional matters and shall must include all relevant information in professional reports, statements, or testimony, which shall must include the date indicating when such information was current.
B. When serving as an expert or technical witness, the regulant shall must express an opinion only when it is based on an adequate knowledge of the facts in the issue and a background of competence in the subject matter.
C. Except when appearing as an expert witness in court or in an administrative proceeding when the parties are represented by counsel, the regulant shall must issue no statements, reports, criticisms, or arguments on matters relating to professional practice that are inspired by or paid for by interested persons, unless the regulant has prefaced the comment by disclosing any self-interest and the identities of all persons on whose behalf the regulant is speaking.
D. A regulant shall must not knowingly make a materially false statement or deliberately withhold a material fact requested in connection with his application for licensure, certification, registration, renewal, or reinstatement in any professional matter.
18VAC10-20-710. Conflicts of interest.
A. The regulant shall must promptly and fully inform an employer or client of any business association, interest, or circumstance which that may influence the regulant's judgment or the quality of service.
B. The regulant shall must not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project unless the circumstances are fully disclosed and agreed to in writing by all interested. parties.
C. The regulant shall must not solicit or accept financial or other valuable consideration from material or equipment suppliers for specifying their the supplier's products or services.
D. The regulant shall must not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the regulant is responsible.
18VAC10-20-720. Solicitation of work or employment.
A. In the course of soliciting work from, or employment by, a public authority, the regulant shall must not directly or indirectly:
1. Give, solicit, or receive any gratuity, contribution, or consideration to unlawfully influence the award of a contract;
2. Give, solicit, or receive any gratuity, contribution, or consideration that may reasonably be construed as an intention to influence the awarding of a contract; or
3. Offer or provide any gift or other valuable consideration in order to secure work.
B. The regulant shall must not pay, directly or indirectly, a commission, percentage, or brokerage fee to a potential or existing client in order to secure work.
C. The regulant shall must not falsify or knowingly allow misrepresentation of his the regulant's or an associate's:
1. Academic or professional qualifications or work; or
2. Degree of responsibility for prior assignments.
D. Materials, content, and information used in the solicitation of employment shall work must not misrepresent facts concerning employers, employees, associates, joint ventures, or past accomplishments of any kind.
18VAC10-20-730. Competency for assignments.
A. The professional shall must undertake to perform professional assignments only when qualified by education or experience, or both, and licensed or certified in the profession involved. Licensed professionals may perform assignments related to interior design, provided they do not hold themselves out the professional does represent himself as certified in this the profession unless they are so the professional is certified by this the board. The professional may accept an assignment requiring education or experience outside of the field of the professional's competence, but only to the extent that services are restricted to those phases of the project in for which the professional is qualified. All other phases of such project shall must be the responsibility of licensed or certified associates, consultants, or employees.
B. A professional shall must not misrepresent to a prospective or existing client or employer his the professional's qualifications and the scope of his the professional's responsibility in connection with work for which he the professional is claiming credit.
C. The professional shall adhere to must meet the minimum standards and requirements pertaining to the practice of his the professional's own profession, as well as other professions if incidental work is performed.
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 must be able to clearly define his the professional's scope and degree of direct control and personal supervision, clearly define how it was exercised, and demonstrate that he the professional was responsible within that capacity for the work that he the professional has sealed, signed, and dated. For the work prepared under his the professional's supervision, a professional shall must:
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 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 must not knowingly associate in a business venture with or permit the use of his the regulant's 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 knowledge that any 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 must inform the board in writing and shall must 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 the board's agents, the regulant shall must produce any plan, plat, document, sketch, book, record, or copy thereof concerning a transaction covered by this chapter and shall must 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 must 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 must 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 must assume full responsibility for the utilization of any unsealed work or any changes or modifications to previously sealed work.
2. 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.
18VAC10-20-760. Use of seal.
A. Affixing of a professional seal, signature, and date shall will 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 may affix a seal, signature, and date or certification to 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 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 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 the professional's direct control and personal supervision, shall must be sealed, signed, and dated by the professional. All final documents shall must also bear the professional's name or firm name, address, and project name.
2. For projects involving multiple professional services in the same project, each professional shall must seal, sign, and date the final documents for the work component that he the professional completed or that was completed under his the professional's direct control and personal supervision. The professional responsible for the compilation of the project shall must 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 drawings, whether advance or preliminary copies, shall must be so identified on the plans, plats, documents, or drawings and need not be sealed, signed, or dated. Advance or preliminary copies of incomplete plans, plats, documents, and 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 must be sealed, signed, and dated pursuant to subsection B of this section.
F. The original seal shall must conform in detail and size to the design illustrated in this subsection and shall must be two inches in diameter. The designs 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.
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18VAC10-20-770. Organization and styling of practice.
A. A firm shall must offer or practice only the professions shown on its board-issued registration. The regulant designated by the firm to be the responsible person must exercise direct control and personal supervision of the work being offered or practiced.
B. Nothing shall will be contained in the name, letterhead, or other styling of a professional practice implying a relationship, ability, or condition which that does not exist. Professional services that the firm is not properly registered to provide shall must not be included in the name.
C. An assumed, fictitious, or corporate name shall must not be misleading as to the identity, responsibility, or status of those practicing professionals employed or contracted by the registrant. Any advertisement, sign, letterhead, business card, directory, or any other form of representation shall must avoid reference to any service that cannot be provided for under a resident responsible person.
18VAC10-20-780. Professional required at each place of business. (Repealed.)
A. Any regulant maintaining a place of business that offers or practices architectural, engineering, land surveying, landscape architectural, or certified interior design services in Virginia, shall name at least one responsible person for each profession offered or practiced at each place of business.
B. Each resident responsible person designated by the firm shall exercise direct control and personal supervision of the work being offered or practiced at each place of business. Each resident responsible person may be responsible for more than one location provided that he is resident at each place of business during a majority of its operating hours.
18VAC10-20-785. Notice of adverse action.
A. A regulant must notify the board of the following actions against the regulant:
1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action.
2. Any voluntary surrender of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury or relating to providing professional services or (ii) felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.
18VAC10-20-790. Sanctions Prohibited acts.
A license, certificate, or registration shall will 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 as described in 18VAC10-20-20 A;
2. The license, certification, or registration was obtained or renewed through fraud or misrepresentation;
3. The regulant has been found guilty 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 non-marijuana misdemeanor that, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. The board shall will review the conviction pursuant to the provisions of § 54.1-204 of the Code of Virginia;
4. The regulant has committed acts constituting professional incompetence, or negligence, or gross negligence or involving dishonesty, fraud, misrepresentation, or breach of fiduciary duty related to the practice of the profession;
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;
8. 7. The regulant violates or induces others to violate any provision of Chapters Chapter 7 (§ 13.1-542.1 et seq.) and or 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. 8. 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. 9. 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 8 of this section.
18VAC10-20-795. Change of address.
All regulants shall must notify the board 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 must inform the board of each affected by the change. A post office box will not be accepted in lieu of a physical address.
VA.R. Doc. No. R24-7640; Filed July 23, 2025