A question was raised at the New Hampshire Land Surveyors Assoc. meeting the other day.
Can a Licensed Land Surveyor, Engineer, or Architect licensed in a state other than the state where the subject property is located, sign and seal and Elevation Certificate?
This question was submitted to Fema with a response of see your State RSA's.
What do you think?
I would love to hear what others around the country have to say.
Thanks
Jim in NH
My guess is it would make it through the bank & underwriting, especially if there was no problems. Likely nobody would notice, but not so sure about which state would have jurisdiction regarding the registrant in the event of a mistake.
I would question why somebody would want to though. If its a good client, I would refer it as best I could. If I didn't know them, I'd just decline.
> Can a Licensed Land Surveyor, Engineer, or Architect licensed in a state other than the state where the subject property is located, sign and seal and Elevation Certificate?
I would like to think that one must be licensed in the state of the subject property but since individual states govern within their boundaries it would depend on what they codify the definition of Land Surveying to be. Based on Oregon's definitions can a PE perform a Elev Cert? Seems like it. Ultimately it seems to me every law, rule or guideline within a State seems mute until it has been tested by the courts.
Oregon's Definition ORS 672.005 Link to Oregon ORS 672
(1) “Practice of engineering” or “practice of professional engineering” means doing any of the following:
(a) Performing any professional service or creative work requiring engineering education, training and experience.
(b) Applying special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, testimony, evaluation, planning, design and services during construction, manufacture or fabrication for the purpose of ensuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects.
(c) Surveying to determine area or topography.
(d) Surveying to establish lines, grades or elevations, or to determine or estimate quantities of materials required, removed or in place.
(e) Surveying required for design and construction layout of engineering and architectural infrastructure.
(f) Performing photogrammetric mapping.
(2) “Practice of land surveying” means doing any of the following:
(a) Providing or offering to provide professional services that apply mathematics, geodesy and other sciences and involve:
(A) The making of geometric measurements and gathering of related information pertaining to:
(i) The physical or legal features of the earth;
(ii) Improvements on the earth; or
(iii) The space above or below the earth; or
(B) The development of measurements and information described in subparagraph (A) of this paragraph into graphics, data, maps, plans, reports, descriptions, projects or other survey products.
(b) Performing geodetic surveys.
(c) Establishing, reestablishing or replacing boundaries or geodetic control monuments or reference points.
(d) Locating, relocating, establishing, reestablishing or retracing any property lines or boundaries for any tract of land, road right-of-way or easement.
(e) Making any survey for the division or subdivision of a tract of land or for the consolidation of tracts of land.
(f) Locating and laying out alignments, positions or elevations for the construction of fixed works.
(g) Performing or offering to perform any investigation, interpretation or evaluation of, or any consultation or testimony about, any of the services described in paragraphs (a) to (f) of this subsection.
(h) Collecting, preparing, manipulating or modifying data related to activities described in paragraphs (a) to (f) of this subsection, other than acting as a scrivener.
(i) Performing photogrammetric mapping.
(j) Making surveys that involve horizontal or vertical mapping control or geodetic control.
With all of that said, Oregon has some exceptions to the above definitions that are pretty vague and probably allow for Individuals other than a PLS to perform elevation certs.
672.060 Exceptions to application of ORS 672.002 to 672.325. ORS 672.002 to 672.325 do not apply to the following:
....
....
(15) A person preparing maps or compiling databases depicting the distribution of natural or cultural resources, features or phenomena, if the maps or data are not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works by humans.
I read this as a Non-Oregon PLS cannot perform a Elevation Cert for a Private party.
(16) A federal agency or its contractors, in the preparation of military maps, quadrangle topographic maps, satellite imagery or other maps or images that do not define real property boundaries.
I read this as a Non Oregon PLS can perform an Elev cert if its for a federal agency.
Elevation CertificateI think there is a mountain of dissatis
I think there is a mountain of dissatisfaction about to come down on FEMA. It is well deserved based on their recent field work and mapping products. I read the specks for the new work here and it was adequate, but those who did the work claimed to have done much of that type of work for FEMA. From what I saw, it was poorly executed using poor techniques it was not conducted in accordance to the specks in the proposal that I had responded to. Simple things like the requirement that GPS data collection be conducted only during the times when the canopy was dormant, the work was done under full canopy, all control was removed and they were in and out quickly, the mapping was based on that fieldwork and in spite of many improvements in creek channels and even a flood control dam having been built and in place, the flood plane as well as the flood-way area increased. In 73 I worked on a crew contracted to the USACE doing cross sections on the major drainage's in Morrow and Umatilla Counties. We did it using a chain, stadia board and level guided by an areal photo, left a hub at both ends of each cross section so we could rerun the same line if needed. That work was turned over to the USACE and not seen again for years, then it surfaced on the FEMA maps. With better tools and access today it seems that the quality of some government work has plummeted downward, could it be that we worked with qualified inspectors that approved our work and today they don't, and the normal response to that trend is, "prove us wrong", time to change that and replace those who were responsible for the FEMA mapping results we have today. I have refused to do any Flood Certificates for several years now simply because I want no one to associate me in any way with FEMA.
jud
It would seem to me that the requirement for a licensed professional to sign and seal the FEMA Cert would indicate that they expect someone with a license IN THAT STATE.
An LS licensed in New York has no standing as a LS in NH, unless sanctioned by some board action/comity/reciprocity/temporary license agreement.
Since a state license is required to perform "surveying services" however they are described in your state's regulations, it would follow that a New York LS could not sign or seal a New Hampshire FEMA Certificate (unless of course he or she was dual licensed).
Frankly, I would take offense that an LS from another state might come into NY and attmept to perform surveying services here without making some attempt to get a temoorary license. I would expect surveyors from another state would take a dim view of me coming into their state to do the same thing.