APELSCIDLA Board Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers

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APELSCIDLA BoardVirginia Board for Architects,
Professional Engineers, Land Surveyors, Certified
Interior Designers Landscape Architects
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Overview of the Board

• History of the Board
• Board Members
• Board Staff

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History of the Board
The APELS Board was created in 1920. Landscape
Architects joined in 1980 and Interior Designers
joined in 1990 creating the acronym
APELSCIDLA!
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The APELSCIDLA Board

• Thirteen member Board
• Examines, licenses, certifies and regulates
• Approximately 36,000 Architects,
• Professional Engineers, Land Surveyors,
• Certified Landscape Architects and
• Certified Interior Designers and related
• businesses in Virginia

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Board Members 54.1-403 of the Code of Virginia

• James R. Boyd Arch
• J. Everette Ebo Fauber, III, (Vice Chair)-Arch
• Michael F. LeMay Arch
• Nico De Léon PE
• Stanley C. Harris, Sr. PE
• Wiley V. Bif Johnson, III PE

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Board Members 54.1-403 of the Code of Virginia

• John R. McAden LS
• Nancy E. McIntyre (Chair) LS
• W. R. Stephenson, Jr. LS
• Vaughn B. Rinner LA
• Andrew M. Scherzer - LA
• Lorri Finn CID
• Cameron C. Stiles CID

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Board Staff

• LICENSING STAFF
• Sheree Dean, Office Manager
• Tonia Burrell
• Joan Leonard
• Ramona Norris
• Toni Spencer
• Bradley Verry

• Kate Nosbisch, Executive Director
• Marian Brooks, Program Manager
• Amy Goobic, Administrative Assistant

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APELSCIDLA Regulant Counts as of November 1, 2009

• Architects - 6,938
• Professional Engineers - 25,949
• Land Surveyors 1,527
• Interior Designers 478
• Landscape Architects - 839

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Boards Web-Site

• The Boards web-site contains the following
• Statutes and regulations
• Contact information
• Board meeting dates, agendas, and meeting minutes
• Pending regulatory actions
• Applications and newsletters
• Exam information
• www.dpor.virginia.gov

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Navigating the Website
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Navigating the Website (cont.)
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Navigating the Website (cont.)
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Navigating the Website (cont.)
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Navigating the Website (cont.)
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Navigating the Website (cont.)
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Overview of Licensing

• Levels of Regulation
• Definitions
• Exemptions
• Use of Seal
• Disciplinary Actions

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Levels of Regulation

• Levels of regulation pursuant to 54.1-300 and
  311 of the Code of Virginia
• Licensure (aka Practice Act)
• Certification (aka Title Act) and
• Registration (no attestation as to
• minimal competency)

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Definitions

• Architect
• "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.
• Professional Engineer
• "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.
• 54.1-400 of the Code of Virginia

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Definitions

• Land Surveyor
• "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.
• (See 54.1-408 for Land Surveyor B)
• Certified Interior Designer
• "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.
• 54.1-400 of the Code of Virginia

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Definitions

• Landscape Architect
• "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
  licensure as a landscape architect.
• 54.1-400 of the Code of Virginia

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Architecture

• 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.
• 54.1-400 of the Code of Virginia

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Engineering

• 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.
• 54.1-400 of the Code of Virginia

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Land Surveying

• 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.
• 54.1-400 of the Code of Virginia

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Certified Interior Designer

• "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.
• 54.1-400 of the Code of Virginia

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Landscape Architect

• The "practice of landscape architecture" by a
  licensed 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.
• 54.1-400 of the Code of Virginia

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Renewal Reinstatement

• Renewals automatically mailed to address of
  record.
• Reinstatement period is unlimited.
• If a regulant reinstates, it is as if they never
  had a gap in licensure, certification or
  registration.

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APELSCIDLA Exemptions

• There are several exemptions contained in law
• 54.1-401 exempts certain actions from licensure
  (also includes provisions for incidental work)
• 54.1-402 exempts certain individuals from
  licensure (however, if a regulant performs such
  work, they are required to sign and seal the
  work) and
• 54.1-402.1 exempts certain state and local
  government employees from licensure requirements
  under certain conditions (also see the provisions
  of 54.1-406 D E).

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License Required

• 54.1-406 License Required
• A. Unless exempted by 54.1-401, 54.1-402, or
  54.1-402.1, a person shall hold a valid license
  prior to engaging in the practice of architecture
  or engineering which includes design,
  consultation, evaluation or analysis and involves
  proposed or existing improvements to real
  property.
• Unless exempted by 54.1-402, any person,
  partnership, corporation or other entity offering
  to practice architecture, engineering, or land
  surveying without being registered or licensed in
  accordance with the provisions of this chapter,
  shall be subject to the provisions of 54.1-111
  of this title.
• Any person, partnership, corporation or other
  entity which is not licensed or registered to
  practice in accordance with this chapter and
  which advertises or promotes through the use of
  the words "architecture," "engineering" or "land
  surveying" or any modification or derivative
  thereof in its name or description of its
  business activity in a manner that indicates or
  implies that it practices or offers to practice
  architecture, engineering or land surveying as
  defined in this chapter shall be subject to the
  provisions of 54.1-111.

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18VAC10-20-760 Use of Seal

• The application of a professional seal indicates
  that the professional has exercised direct
  control and personal supervision over the work to
  which it is affixed.

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Use of Seal (cont.)

• If the original professional of record is no
  longer employed by the regulant or unable to seal
  the work, that work may be sealed by another
  professional, but only after a thorough review of
  the work to verify it has been accomplished to
  the same extent that would have been exercised if
  the work had been done under the direct control
  and personal supervision of the professional
  affixing the seal.

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Disciplinary Actions

• Professional Engineers
• June 2006 September 2009
• Violations Include
• Signed/sealed letter on letterhead of unlicensed
  engineering company with which he was not
  employed.
• Action in Another State 2.
• Submitted drawings that were unsealed, unsigned
  and undated.
• Cheated on NCEES Engineers Exam - 2.

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Disciplinary Actions (cont.)

• Entered into an agreement failed to complete the
  jobs required in the agreement.
• Failed to notify the Board of license revocation
  in another state 3.
• Submitted plans not marked as incomplete,
  advance or preliminary work.
• Failed to notify Board of disciplinary action in
  another state - 3.
• Failed to include all relevant pertinent
  information on sealed documents.

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Disciplinary Actions (cont.)

• Felony conviction resulting in revocation in
  another state.
• Stamped plans prepared by unlicensed individual
  not under his direct control and personal
  supervision.
• Placed seal on work of another regulant in
  another state without permission (also, did not
  date stamp plans, did not have direct control or
  personal supervision of the calculations he
  stamped and signed, implied by stamping and
  sealing plans that he had a business relationship
  where one did not exist).

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Disciplinary Actions (cont.)

• Signed and sealed drawings that were within the
  practice of architecture.
• Submitted designs from own company to city for
  which licensee was a city official conflict of
  interest.

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Disciplinary Actions

• Architects
• Total of 12 cases Fall 2004 - Fall 2008
• Violations Include
• Seal with no signature inaccurate advertising.
• Seal that did not conform to regulation drawings
  and did not specify who performed the work.
• Felony conviction bribing an official.
• Action in another state 2.
• Failure to inform client of association with a
  business.

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Disciplinary Actions (cont.)

• Failure to notify Board of action in another
  state 3.
• Specs not Architects own without written
  permission.
• Sketches not marked incomplete, advance or
  preliminary.
• Failure to sign, seal or identify plans as
  incomplete, advance or preliminary.

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Disciplinary Actions

• Land Surveyors
• Total of 48 cases Summer 2000 - Fall 2008
• Violations Include
• Failure to notify Board of license suspension in
  another state.
• Signed and sealed plat without properly
  completing boundary survey.
• Relocated place of business and failed to notify
  Board of the change of address until 90 days
  after the move occurred.
• Failure to prepare plat by deadline established
  on contract.
• Failure to include all Deed Book references for
  adjoining owners on plat.

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Disciplinary Actions (cont.)

• Utilized the drawings of another licensed
  professional and replaced the original seal for
  preparation with own seal and signature.
• Supplied the Board with inaccurate experience
  verification for an employee applying for
  licensure.
• Failed to properly stake the corners and property
  boundaries which resulted in a well being built
  on a neighbors property.
• Prepared plat that did not meet standards set
  forth for land boundary surveys performed in the
  Commonwealth.
• Utilized plans of another professional for
  as-builts without the professionals permission
  or knowledge.

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Disciplinary Actions (cont.)

• Preparation of a plat which failed to disclose a
  tax map designation for parcels shown.
• Performed survey that did not show a closed
  traverse with proper angular and linear
  measurements or adjustments for error.
• Prepared a line survey and entitled the plat
  boundary survey when a current field survey had
  not been performed.
• Failure to apply professional seal, signature or
  date to survey.
• Not properly indicating that plats were
  incomplete and intended to be advance or
  preliminary copies.

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Disciplinary Actions (cont.)

• Inspector unable to locate survey markers set as
  stated on plat, failed to set monuments as shown
  in plat.
• Failure to include district and county where the
  property was located distance to the nearest
  road intersection that adjoins property surveyed
  and no seal.
• Failure to include the source of meridian on
  survey map and failure to include statement that
  map was based on a current field survey.
• Failure to perform necessary courthouse research
  in order to comply with minimum standards for
  research procedures.
• Failure to note inconsistencies found during
  research of common boundaries between land
  surveyed and adjoining land.

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Disciplinary Actions (cont.)

• Survey did not contain closed traverse field
  notes and calculations showing closure of
  traverse and calculations to balance the
  traverse.
• Survey did not contain set corners.
• Failure to register corporation with the Board.
• Survey did not show encroachment on adjoining
  lot.
• Seal did not conform in detail to regulations.
• Plat prepared did not show inconsistencies
  between property surveyed and descriptions
  contained in adjacent property deeds.

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Disciplinary Actions (cont.)

• Failure to disclose width of right-of-way, name
  of the railroad shown in plat and distance to the
  nearest road intersection or well-known object.
  Scale of drawing not included and no proof of
  mathematical scales used to draw plat.
• Misrepresented information about right-of-way,
  intentionally misled locality in order to have
  plat approved and recorded.
• Improper wording used in Owners Statement as
  required by the Code of Virginia.
• Plat did not contain evidence of a title report,
  also failure to set corners or show physical
  encroachment on property line.

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Disciplinary Action (cont.)

• Landscape Architects
• December 2007
• Licensee failed to disclose that he was paid by a
  construction company for providing consulting
  services during the course of construction on
  clients property.

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Disciplinary Actions (cont.)

• Sanctions Included
• Fines ranging from 150 to 5,500
• Required continuing education courses
• Provide proof of compliance for disciplinary
  action in another state
• Completion of course covering Board rules and
  regulations
• Probation
• Banned from PE Examination for a 4-year period
• Suspension of license
• Surrender of license
• Revocation of license

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Overview of Continuing Education

• Who?
• What?
• Where?
• When?
• Why?

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Overview of Continuing Education

• WHO?
• Architects
• Professional Engineers
• Land Surveyors
• Landscape Architects (effective July 2010)
• Basically, all licensed professions under the
  APELSCIDLA Board.

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Overview of Continuing Education(cont.)

• WHAT?
• Section 54.1-404.2 of the Code of Virginia
  requires completion of the equivalent of 16 hours
  per biennium of Board approved continuing
  education activities.
• The regulations are drafted broadly to allow
  licensees the flexibility to meet continuing
  education requirements through a variety of
  methods as long as the coursework falls within
  the regulation 18VAC10-20-683.C.

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Overview of Continuing Education(cont.)

• WHAT?
• Reg 18VAC10-20-683.C.1 CE activities must
• Be related to the practice of the profession of
  the license being renewed.
• Have a clear purpose and objective that will
  maintain, improve, or expand the skills and
  knowledge relevant to practice.
• NOTE The regulations do not preclude
• acceptance of CE from other states or federal
• agencies, or for profit or non-profit sponsors,
  as long as the requirements of 18VAC10-20-683 are
  met.

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Overview of Continuing Education(cont.)

• WHAT?
• May be in areas related to business practices
  such as
• - project management
• - risk management
• - ethics
• NOTE CE credit hours are valid only during the
  two year
• period prior to license expiration date. There
  is no
• allowance for carry-over of CE credit hours.

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Overview of Continuing Education(cont.)

• WHAT?
• Curriculum must be consistent with the purpose
  and objective of the CE activity.
• Sponsors must have sufficient resources to
  provide the CE activity and provide documentation
  of completion to those who successfully complete
  the CE activity.

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Overview of Continuing Education(cont.)

• WHAT?
• Instructors must be competent in the subject
  being taught, either by education or experience.
• Fifty contact minutes shall equal one CE credit
  hour.
• For segments less than fifty minutes, the sum of
  the segments may be totaled for computation of CE
  credit hours for that one CE course or activity.

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Overview of Continuing Education(cont.)

• WHAT?
• One semester credit hour of approved college
  credit equals 15 CE credit hours.
• One quarter credit hour of approved college
  credit equals 10 CE credit hours.

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Overview of Continuing Education(cont.)

• WHAT?
• Self-directed activity must have an assessment by
  the sponsor at the conclusion to verify the
  individual has achieved the purpose and objective
  of the activity credit will not be awarded if
  the individual has not passed the assessment.
• CE credit will not be granted for serving as an
  officer in an association or serving on a
  committee.
• CE credit will not be granted for community
  service, Career Day, or other lay
  presentations.
• CE credit will not be granted for authoring
  papers or articles for magazines or journals.

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Overview of Continuing Education(cont.)

• WHAT?
• Licensee may be granted credit for the initial
  development or substantial updating of a CE
  activity.
• Credit may be received for the initial teaching
  of a course that otherwise meets the requirements
  at twice the amount of credit that students of
  the course would receive.

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Overview of Continuing Education(cont.)

• WHAT?
• Additional credit for subsequent offerings of the
  course or activity with the same content will not
  be permitted.
• Licensees will not receive credit for completing
  the same CE activity with the same content more
  than once during the license period immediately
  prior to the expiration date of the license for
  renewal.

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Overview of Continuing Education(cont.)

• WHAT?
• Licensees will not receive credit for completing
  the same CE activity with the same content during
  the two years immediately prior to the date of
  receipt by the Board of a reinstatement
  application.
• Only CE activities completed during the license
  period immediately prior to the expiration date
  of the license shall be acceptable in order to
  renew.
• NOTE Submission of CE documentation is NOT
  required for
• renewal.

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Overview of Continuing Education(cont.)

• WHAT?
• CE activities utilized to satisfy the CE
  requirements to renew a license shall be valid
  only for that renewal.
• Individuals shall maintain records of completion
  of CE activities that comply with the
  requirements for three years from the date of
  expiration of the license.
• Individuals shall provide documentation of CE to
  the Board or its agents upon request.

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Overview of Continuing Education(cont.)

• WHAT?
• CE activities used to renew for a preceding
  license cycle shall not be accepted for
  subsequent renewal or reinstatement.
• When applying for reinstatement, evidence of
  compliance with CE requirements shall be included
  with the reinstatement application package.

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Overview of Continuing Education(cont.)

• WHAT?
• CE activities submitted in support of
  reinstatement shall not be more than two years
  old as of the date a complete reinstatement
  application is received by the Board.
• CE activities submitted for reinstatement shall
  only be valid for that reinstatement and shall
  not be applied towards subsequent renewals or
  reinstatements.

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Overview of Continuing Education(cont.)

• WHAT?
• The Board may conduct a random audit of licensees
  to determine CE compliance.
• Licensees selected for audit shall provide
  documentation of all CE utilized to renew the
  license within 21 calendar days of receiving
  notification of audit.

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Overview of Continuing Education(cont.)

• WHAT?
• 18VAC10-20-687 Exemptions and Waivers
• Board may grant exemptions or waive or reduce the
  number of CE activities required in cases of
  certified illness or undue hardship.
• Such exemptions, waivers, or reductions shall not
  relieve the individual of their obligation to
  comply with other requirements of this chapter.

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Overview of Continuing Education(cont.)

• WHAT?
• 18VAC10-20-790 Sanctions
• Board may discipline or sanction, or both, any
  license holder who fails to comply or
  misrepresents any information pertaining to CE
  requirements.

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Overview of Continuing Education (cont.)

• WHERE?
• There is no requirement that CE activities must
  take place in Virginia.
• There is no requirement that CE activities be in
  a formal classroom setting.
• There is no requirement specifically addressing
  what types of CE courses or activities must be
  completed.
• Licensees located not only in Virginia but
• worldwide have the flexibility to meet CE
• requirements in a variety of settings.

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Overview of Continuing Education(cont.)

• WHEN?
• Continuing Education Regulation 18VAC10-
• 20-683 went into effect April 1, 2009
• there is a 12 month delayed enactment
• clause. Therefore CE will be required for all
• licensees renewing or reinstating on or after
• April 1, 2010.

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Overview of Continuing Education(cont.)

• WHEN?
• Licensees were notified by the Board in Vol. 25
  of its Spring 2006 Newsletter, Dimensions.
• Licensees were again notified by the Board via
  postcard mailed US Mail, March 2008.
• Licensees were again notified by the Board in
  Vol. 26 of its Fall 2008 Newsletter, Dimensions.
• Licensees were notified by the Board via postcard
  mailed US Mail, March 27, 2009.

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Overview of Continuing Education(cont.)

• WHEN?
• Example If your license expires April 30, 2010,
  you must
• attest to 16 hours of CE earned between May 1,
  2008 and
• April 30, 2010.
• NOTE You cannot attest to completion of
• CE requirements prior to actual completion.

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Overview of Continuing Education(cont.)

• WHY?
• HB 1054 From the 2006 Session
• Will lead to better educated practitioners
• thereby increasing the protection of the
• health, safety and welfare of the public.

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Did You Know

• The Board does not have a retired or inactive
  status for licensees.
• Section 54.1-405 of the COV provides regulants
  with the ability to use their professional title
  while retired.
• You cannot practice with an expired license.
• A license is valid during the life of the holder
  unless revoked or suspended by the Board.
• A license holder must register with the Board to
  practice in the Commonwealth.

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Did You Know

• If you hold more than one license, you need 16
  hours of CE per license.
• If you hold more than one license and find a CE
  activity that would meet the requirements for
  both licenses, you could count it for both.
  However, be mindful the CE activity has to have
  occurred within the 2 year window for each
  license.
• CE requirements vary from state to state.
• The Board has no control over what CE activities
  may be accepted by other states.
• The Board is not pre-approving or providing CE
  activities due to the different professions and
  specialties within the professions.
• Development, administration, and updating
  coursework as well as providing training
  opportunities would require a significant
  increase in fees as the Board is self-funded.

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Did You Know

• There is no CE exemption for licensees living
  outside of Virginia.
• There is no CE exemption for expert witnesses.
• There is no CE exemption for advanced degrees.
• There is no CE exemption for small firms with
  nominal number of licensed individuals.
• There is no CE exemption for age or years of
  practice.
• There is no CE exemption specifically for active
  military service.
• However, the licensee may request Board
  consideration of an exemption under undue
  hardship or certified illness.

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Contacting the Board

• APELSCIDLA Board
• Department of Professional Occupational
  Regulation
• 9960 Mayland Dr., Suite 400
• Richmond, VA 23233
• [phone]/8512
• http//www.dpor.virginia.gov
• apelscidla_at_dpor.virginia.gov

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In Conclusion

• The Board recognizes there are different
• professions and career paths affected by
• this regulation. This is why the Board does
• not propose a one size fits all solution and
• why the regulations are drafted broadly to
• allow for flexibility in meeting the requirements.

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Questions, Comments, Thoughts