Hi All,
What are your thoughts on a unlicensed surveyor in the state of Iowa (licensed in other states, just not Iowa), performing multiple small topography's (no boundary work at all) for a Iowa licensed Civil Engineer? I suppose this question could be more open to any state in which a unlicensed Surveyor is performing topo's for a licensed Civil Engineer in that state. Again, just looking for some thoughts.
Thanks.
First question, may an Iowa licensed engineer do topos, since topo work is no defined as Land Surveying, as they can in some other states?
If he is then practicing under responsible charge of a licensed engineer, what exactly is the complaint?
Paul in PA, PE, PLS
Probably OK as long as the Engineer signs and seals the drawing, taking all responsibility for the survey.
Iowa Code Chapter 542B
5. ÛÏEngineering surveysÛ includes all survey activities required to support the sound
conception, planning, design, construction, maintenance, and operation of engineered
projects, but excludes the surveying of real property for the establishment of land boundaries,
rights-of-way, easements, and the dependent or independent surveys or resurveys of the
public land survey system.
10. a. ÛÏPractice of land surveyingÛ includes providing professional services such as
consultation, investigation, testimony, evaluation, planning, mapping, assembling, and
interpreting reliable scientific measurements and information relative to the location of
property lines or boundaries, and the utilization, development, and interpretation of these
facts into an orderly survey, plat, or map. The practice of land surveying includes but is not
limited to the following:
(1) Locating, relocating, establishing, reestablishing, setting, or resetting of permanent
monumentation for any property line or boundary of any tract or parcel of land. Setting
permanent monuments constitutes an improvement to real property.
(2) Making any survey for the division or subdivision of any tract or parcel of land.
(3) Determination, by the use of the principles of land surveying, of the position for any
permanent survey monument or reference point, or setting, resetting, or replacing any survey
monument or reference point excluding the responsibility of engineers pursuant to section
314.8.
(4) Creating and writing metes and bounds descriptions as defined in section 354.2.
(5) Geodetic surveying for determination of the size and shape of the earth both
horizontally and vertically for the precise positioning of permanent land survey monuments
on the earth utilizing angular and linear measurements through spatially oriented spherical
geometry.
(6) Creation, preparation, or modification of electronic or computerized data, including
land information systems and geographical information systems, relative to the performance
of the activities identified in subparagraphs (1) through (5).
b. This subsection does not prohibit a professional engineer from practicing any aspect of
the practice of engineering. A land surveyor is not prohibited from performing engineering
surveys as defined in the practice of engineering
Nothing wrong with it in Oklahoma....as long as you walk that thin line described in our statutes.
Right off the bat, it sounds like the "unlicensed surveyor" is NOT an employee of the engineer. By the letter of our statutes that could be a problem in itself as non-licensed individuals are barred from "representing" themselves as surveyors or considering their work surveying. But as far as I know, nobody has been busted in that regard.
The "catch-22" in our statutes is that none of the topography or field work performed by unlicensed surveyors can be "tied" to a property line without the supervision of a licensed surveyor. And if you think about, it's pretty darn hard to complete any sort of location survey or topo without a general idea of where ground boundaries are located.
Case in point: We had a hot-shot unlicensed "surveyor" around for a few years that skirted the statutes and did a lot of topo work for a few engineers and architects and some construction layout. He performed a topo for an architect as part of a school addition project and apparently avoided indicating any property or boundary lines. The local municipality failed to approve the plans because the set-backs could not be verified.
When the architect turned his plans in again, the set-backs were shown on the drawings and the project was approved. Somebody smelled a rat and turned in the hot-shot surveyor to the BOR. As the dealings were investigated it became apparent the "surveyor" indeed had NOT indicated any sort of boundary. The architect freely admitted he himself had done some preliminary measurements (rag tape) in the field and determined a fence (located on the original topo) was "pretty close" to the property line and he had altered his project drawings to indicate such.
The BOR then turned their guns on the architect for operating outside his professional realm. I think he paid a small administrative fee, but walked away a much wiser person.
It may depend on the exact business relationship between the surveyor and engineer. If he is an independent subcontractor I would think he would need to be registered as he is offering surveying services to the public (engineering firm). If he is a temporary employee for the engineering firm, then I think he would be ok without being licensed in Iowa since it would fall under the registration of the engineering firm. That's my $0.02.
The exact relationship between the Iowa licensed engineer and the not Iowa licensed surveyor is something that you or I is privy to. Tread softly.
Paul in PA
