DRAFT

BOARD POLICY RESOLUTION #98- REGARDING THE PRACTICES OF

LAND SURVEYING AND CIVIL ENGINEERING RELATED TO

GEOGRAPHIC INFORMATION SYSTEMS (GIS) AND

LAND INFORMATION SYSTEMS (LIS)

REPORT:

Business and Professions Code (B&P) Sections 8726, 6731 and 6731.1 set forth the definition of practice for land surveying and civil engineering. B&P Sections 6703, 6705, 8703 and 8705; and Title 16, California Code of Regulations (CCR) Sections 404.1, 404.2 and 415 set forth the responsible charge and area of competence criteria, for the practices of civil engineering and land surveying.

The Board has been asked to address the practices of land surveying and civil engineering being performed by un-licensed or un-registered individuals in connection with the creation, preparation, or modification of electronic or computerized data contained within Geographic Information Systems (GIS) and/or Land Information Systems (LIS). Such systems exhibit many of the functions, or activities, which are defined as the practice of civil engineering or land surveying, as defined in B&P Section 8726, subdivisions (a), (b), (c), (e), (f), (k), (l) and (m); B&P Section 6731, subdivisions (a) through (f); and B&P Section 6731.1 subdivisions (a), (b), and (c).

The creation, preparation and distribution of data obtained in GIS and LIS, by public agencies and private companies is becoming more prevalent. Many of the functions or activities being performed relative to the preparation of a GIS or LIS are in connection with the practice of civil engineering or land surveying. Some activities affect the health, safety, and welfare of the public. The Land Surveyor Technical Advisory Committee recommends to the Board the following guidelines for adoption by the Board as a Board Policy Resolution in order to protect the public health, safety, and welfare.

B&P Section 8726 defines the practice of land surveying. Subdivisions (a) through (g), (k), (l), and (m) of Section 8726 address the portion of land surveying practice relative to Geographic Information Systems (GIS) and/or Land Information Systems (LIS). All of the electronic or computerized data created, prepared, or modified in connection with those subdivisions exhibited within Geographic Information Systems (GIS) and/or Land information Systems (LIS) require licensure as a professional land surveyor or registration as a professional civil engineer authorized to practice land surveying.

B&P Section 6731 and 6731.1 defines the practice of civil engineering. Subdivisions (a) through (f) of Section 6731 and subdivisions (a), (b) and (c) of Section 6731.1 address the portion of civil engineering practice relative to Geographic Information Systems (Gis) and/or Land Information Systems (LIS). All of the electronic or computerized data created, prepared, or modified in connection with those subdivisions exhibited within Geographic Information Systems (GIS) and/or Land Information Systems (LIS) required registration as a professional civil engineer.

A subordinate, as defined in B&P Section 8705, may assist in the creation, preparation, or modification of electronic or computerized data in connection with the functions, or activities, stated above, if the subordinate is directly supervised by a licensed and land surveyor, or registered civil engineer authorized to practice land surveying, pursuant to B&P Sections 8701 and 8731.

A subordinated, as defined in B&P Section 8705, may assist in the creation, preparation, or modification of electronic or computerized data in connection with the functions, or activities, stated above, if directly supervised by a registered civil engineer pursuant to B&P Sections 6701 and 6702.

The licensed land surveyor or registered civil engineer authorized to practice land surveying must be in responsible charge of those land surveying functions, or activities, noted above, as defined in B&P Section 8703 and CCR Section 404.2.

The registered civil engineer must be in responsible charge of those civil engineering functions, or activities, noted above, as defined in B&P Section 6703 and CCR Section 404.1.

The licensed land surveyor or registered civil engineer must also practice in the field or fields that she/he is by education and/or experience fully competent and proficient, as described in CCR Section 415.

Any violation of the above cited laws, rules, or regulations will be enforced by the Board. Any complaint made to the Board will investigated thoroughly in accordance with the applicable laws, rules, and regulations regarding the practice of land surveying and civil engineering. As stated above, the person in responsible charge of the functions, and activities, noted above, must be prepared to address pertinent issues as described in CCR Sections 404.1, 404.2 and 415 if an investigation is conducted by the Board.

PROPOSED MOTION:

To adopt as Board policy the above guidelines Regarding The Practices Of Land Surveying And Civil Engineering As Related To Geographic Information Systems (GIS) and Land Information Systems (LIS) and to enter it into Boardís Policy Resolution Book.

MOTION:

The Board of Registration for Professional Engineers and Land Surveyors approved the Board Policy Regarding The Practices Of Land Surveying And Civil Engineering As

Related To Geographic Information Systems (GIS) and Land Information Systems (LIS) as reflected in the report above and adopted it as Policy Resolution #97- , at the , , Board Meeting.

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Quang D. Vu President Date