SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2002 SESSION

027842652
HOUSE BILL NO. 1129
Offered January 9, 2002
Prefiled January 9, 2002
A BILL to amend and reenact § 54.1-400 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-407.1, relating to the regulation of land surveyor photogrammetrists.
----------
Patron-- Bryant
----------
Referred to Committee on General Laws
----------

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-400 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 54.1-407.1 as follows:

§ 54.1-400. Definitions.

As used in this chapter unless the context requires a different meaning:

"Architect" means a person who, by reason of his knowledge of the mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, practical experience, or both, is qualified to engage in the practice of architecture and whose competence has been attested by the Board through licensure as an architect.

The "practice of architecture" means any service wherein the principles and methods of architecture are applied, such as consultation, investigation, evaluation, planning and design, and includes the responsible administration of construction contracts, in connection with any private or public buildings, structures or projects, or the related equipment or accessories.

"Board" means the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects.

"Certified interior designer" means a design professional who meets the criteria of education, experience, and testing in the rendering of interior design services established by the Board through certification as an interior designer.

"Certified landscape architect" means a person who, by reason of his special knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested by the Board through certification as a landscape architect.

The "practice of landscape architecture" by a certified landscape architect means any service wherein the principles and methodology of landscape architecture are applied in consultation, evaluation, planning (including the preparation and filing of sketches, drawings, plans and specifications) and responsible supervision or administration of contracts relative to projects principally directed at the functional and aesthetic use of land.

"Improvements to real property" means any valuable addition or amelioration made to land and generally whatever is erected on or affixed to land which is intended to enhance its value, beauty or utility, or adapt it to new or further purposes. Examples of improvements to real property include, but are not limited to, structures, buildings, machinery, equipment, electrical systems, mechanical systems, roads, and water and wastewater treatment and distribution systems.

"Interior design" by a certified interior designer means any service rendered wherein the principles and methodology of interior design are applied in connection with the identification, research, and creative solution of problems pertaining to the function and quality of the interior environment. Such services relative to interior spaces shall include the preparation of documents for nonload-bearing interior construction, furnishings, fixtures, and equipment in order to enhance and protect the health, safety, and welfare of the public.

"Land surveyor" means a person who, by reason of his knowledge of the several sciences and of the principles of land surveying, and of the planning and design of land developments acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, and whose competence has been attested by the Board through licensure as a land surveyor.

The "practice of land surveying" includes surveying of areas for a determination or correction, a description, the establishment or reestablishment of internal and external land boundaries, or the determination of topography, contours or location of physical improvements, and also includes the planning of land and subdivisions thereof. The term "planning of land and subdivisions thereof" shall include, but not be limited to, the preparation of incidental plans and profiles for roads, streets and sidewalks, grading, drainage on the surface, culverts and erosion control measures, with reference to existing state or local standards.

"Land surveyor photogrammetrist" means a person who by reason of his specialized knowledge in the area of photogrammetry has been issued a license by the Board to survey land for the determination of topography, contours or location of planimetric features, using photogrammetric methods. This definition shall not include the establishment of any ground survey control.

"Professional engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Board through licensure as a professional engineer.

The "practice of engineering" means any service wherein the principles and methods of engineering are applied to, but are not necessarily limited to, the following areas: consultation, investigation, evaluation, planning and design of public or private utilities, structures, machines, equipment, processes, transportation systems and work systems, including responsible administration of construction contracts. The term "practice of engineering" shall not include the service or maintenance of existing electrical or mechanical systems.

"Responsible charge" means the direct control and supervision of the practice of architecture, professional engineering, or land surveying.

§ 54.1-407.1. Land surveyor photogrammetrists.

A. In lieu of meeting the requirements for licensure as a land surveyor, any person who, as of July 1, 2002, is providing photogrammetric services with any combination of at least eight years of Board-approved education and experience in photogrammetry, four or more of which have been in responsible charge of photogrammetric mapping projects meeting National Map Accuracy Standards, may be licensed to practice photogrammetric land surveying, provided such person submits an application to the Board providing evidence to the satisfaction of the Board of the following:

1. Certified proof of graduation from high school or a high school equivalency program that is acceptable to the Board, both with evidence of successful completion of courses in algebra, geometry and trigonometry, either by transcript or examination, or certified proof of a related higher degree of education or other evidence of related higher education acceptable to the Board;

2. Employment as a photogrammetrist in responsible charge, providing such services within any of the fifty states, the District of Columbia, or any territory or possession of the United States. Evidence of employment shall include verification by the applicant's clients of the applicant's involvement in a minimum of five projects; and

3. Knowledge of Board regulations and statutes pertaining to the practice of land surveying in the Commonwealth.

B. Any individual desiring to be licensed as a land surveyor photogrammetrist shall file a written application on a form prescribed by the Board on or before July 1, 2003. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-201. The application shall contain, at a minimum, the applicant's name, place of employment, and business address; information on the knowledge, skills, abilities and education or training of the applicant; three references from licensed land surveyors in a state or territory of the United States; and an affidavit stating that the information on the application is correct. No person shall be eligible to apply for licensure as a land surveyor photogrammetrist after July 1, 2003.

C. The applicant shall pass an examination on Board regulations and statutes governing the practice of land surveying within the first two consecutive examination administrations after being approved for the examination.

D. For the purposes of this section, "responsible charge of photogrammetric mapping project" means supervision of the:

1. Assessment of the project needs, constraints, and accuracies;

2. Creation of the project plan including determining data standards;

3. Creation of overall project specifications;

4. Development of detailed procedure manuals;

5. Determination of flight lines and appropriate photogrammetric control required for project accuracies and constraints;

6. Review and approval of aerotriangulation results, prior to map compilation and certification of the final aerotriangulation report;

7. Determination of the appropriate features to be collected and how they are to be collected;

8. Review and editing of collected data and features;

9. Review of equipment, technology, and procedures that meet project requirements;

10. Determination of final data standards and quality control for a project;

11. Review and approval of the final map products, deliverables, files, and spatial data;

12. Review and editing of final map data for specified completeness and accuracies including project reports, metadata, and any associated databases;

13. Project management; and

14. Other duties requiring decision-making, control, influence, and accountability of the project.

E. Any person meeting the requirements of this section shall be licensed as a land surveyor photogrammetrist.

F. The use of photogrammetry to perform any part of the practice of land surveying as defined in this chapter shall be performed under the direct control and supervision of a licensed land surveyor or licensed land surveyor photogrammetrist.

G. A land surveyor photogrammetrist licensed by the Board shall comply with the Board regulations, including the requirement regarding use and application of a professional seal. A licensed land surveyor photogrammetrist shall obtain and use such seal, which shall conform in detail and size to that seal that the Board shall specify for such use, and which shall be similar in appearance to the seal specified in the Board's regulations for use by the licensed land surveyor, but which shall clearly identify the licensee as a land surveyor photogrammetrist.