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Board Meeting at the
Homewood Suites in Boise, ID
February 11-13, 2010
This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared:
Idaho Code Section 55-1504 (ii)
requires "diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to
identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multistory
structures are diagrammed." Idaho Code Section 55-1509(a) states, in pertinent part, "In interpreting the
declaration, plat or plats, and deeds, the existing physical boundaries of the unit as originally constructed or as
reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds
expressed or depicted in the declaration, plat or plats, or deed, regardless of settling lateral movement of the
building and regardless of minor variance between boundaries shown in the declaration, plat or plats, or deed and
the actual boundaries of units in the building." Briant comments "My interpretation of diagrammatic floor plans . . .
is that the plat simply needs to show a width, length and height of the interior perimeter walls of each unit. . . I'm
just looking for a way to calculate what the air space would be that [the] public is buying. . . In other words the
building itself is the monument" The Board agreed and told Briant that the relative location and approximate
dimensions of interior perimeter walls of each condominium unit are sufficient.
This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared:
Again, the Board agreed with Briant and told him that the elevations can be relative and need not be tied to a standard datum.
This was addressed in the Boards June 2008 Bulletin, page 3, where this appeared:
BOARD EXPRESSES OPINION ON INVOLVEMENT OF SURVEYORS IN CONDOMINIUMS
The Board reviewed an inquiry from Larry J. Hodge, P.E./L.S. in which he asked the Board "I'm wondering if
you could enlighten me on how you think the surveying world, including the Board, has come to the conclusion
that condo plats must be done by a PLS." The Board responded that it relies upon Idaho Code Section 55-1527
which states
"55-1527. ZONING LAWS APPLIED WHERE NOT INCONSISTENT. Except where inconsistent
with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions
or zoning shall apply to condominiums and to projects as herein defined."
The Board also relied on Idaho Code Section 50-1309, which states, in pertinent part,
"The professional land surveyor making the survey shall certify the correctness of said plat and he shall
place his seal, signature and date on the plat."
See the Boards April 2006 Bulletin, page 2. This article is about a page and a half long (too long re-copy here) and summarizes the Board's position on Responsible Charge.
This was addressed in the Boards November 2008 Bulletin, page 2, where this appeared:
BOARD ISSUES OPINION ON DISCLAIMER FOR PRELIMINARY PLANS
House Bill No. 380 passed by the 2008 Session of the Idaho Legislature contained amendments to Idaho Code
Section 55-1613 which require a professional engineer who prepares construction plans which may disturb land
survey monuments to retain the services of a professional land surveyor to conduct a field search to determine
whether monuments exist at the location of corners. If they exist, the monuments must be reference out by a
professional land surveyor prior to construction and reestablished and remonumented by a professional land
surveyor after construction.
In response to an inquiry from Robert T. "Bob" Jones, P.L.S.#L-8023, the Board issued an opinion that it would be acceptable for a
professional engineer who prepares preliminary road plans to place a note on those plans which states "The
Professional Engineer who is in responsible charge of the preparation of these Preliminary Roadway Plans
certifies that he has complied with Section 55-1613 of the Idaho Code as to the existence and location of found
survey monuments. He is not responsible for the preparation of the Final Roadway Plans or the construction of
the roadway."
The Board went on to state that before a professional engineer could sign such a statement, he would need to
have adequate documentation from the professional land surveyor on the matter.
This was addressed in the Boards November 2007 Bulletin, page 5, where this appeared (as amended by the May 8, 2009 Rules):
QUALIFICATION BASED SELECTION
Idaho Code Section 67-2320 requires that all state agencies and political subdivisions of the state retain the services
of engineers, land surveyors and several other professionals on the basis of qualifications followed by a negotiation
of a scope of services and fee. This process is often call "Qualification Based Selection", or "QBS." Private sector
consumers of professional services are not required to follow these guidelines. The Board's Rules of Professional
Responsibility state that "A Licensee or Certificate Holder should seek professional employment or professional service
work on the basis of qualifications and competence for proper accomplishment of the work assignment. On selections for
professional engineering and land surveying services that are required pursuant to Idaho Code Section 67-2320, a licensee
or certificate holder, in response to solicitations described in Idaho Code Section 67-2320(2)(a) shall not submit information
that constitutes a bid for services requested." If a state agency or political subdivision of the state solicits
proposals for engineering or land surveying work in a manner that is not in compliance with Idaho Code Section 67-2320,
engineers or land surveyors should contact the QBS Facilitator's Council at (208) 321-1736 and they will contact the
entity to educate them about the statute and QBS process.
This was addressed in the Boards November 2007 Bulletin, page 6, where this appeared:
SEEKING OR ACCEPTING WORK WHICH IS UNDER CONTRACT TO ANOTHER
One of the most commonly asked questions about the Board's Rules of Professional Responsibility relates to Rule
IDAPA 10.01.02.009.03, "Assignment On Which Others Are Employed." A review of that Rule and its application
seems in order to clarify its intent and application. Rule 009.03 states "A Registrant or Certificate Holder shall not
knowingly seek or accept employment for professional services for an assignment which another Registrant or
Certificate Holder is employed, or contracted to perform without the currently employed or contracted entity being
informed in writing." Simply stated, the Rule says that you cannot pursue or accept work that another professional
has a contract to perform unless you inform that other professional in writing. The issue of whether or not the
currently contracted professional has been paid for their work is not within the jurisdiction of the Board to address.
This was addressed in the Boards November 2007 Bulletin, page 6, where this appeared:
DISCOVERY OF A PROBLEM WITH THE WORK OF ANOTHER PROFESSIONAL
Another question that is frequently addressed by the Board and staff deals with the discovery of a problem in the
work of another professional. IDAPA 10.01.02.005.04 states "Obligation To Communicate Discovery Of
Discrepancy. If a Registrant or Certificate Holder, during the course of his work, discovers a material discrepancy,
error, or omission in the work of another Registrant or Certificate Holder, which may impact the health, property
and welfare of the public, the discoverer shall make a reasonable effort to inform, in writing, the Registrant or
Certificate Holder whose work is believed to contain the discrepancy, error or omission. Such communication shall
reference specific codes, standards or physical laws which are believed to be violated and identification of
documents which are believed to contain the discrepancies. The Registrant or Certificate Holder whose work is
believed to contain the discrepancy shall respond in writing within sixty (60) calendar days to any question about
his work raised by another Registrant or Certificate Holder. Failure to respond on the part of the Registrant or
Certificate Holder whose work is believed to contain the discrepancy shall be considered a violation of these rules
and may subject the Registrant or Certificate Holder to disciplinary action by the Board. The discoverer shall notify
the Board in the event a response satisfactory to the discoverer is not obtained within sixty (60) days." Simply
stated, if you discover a problem with the work of another professional, you must notify them in writing. They have
sixty days in which to respond, and you do not receive a satisfactory response you have the further obligation to
notify the Board.
The Board concluded that monumentation of the corner in question would be required. The
Board cited the following sections of Idaho Code in coming that that conclusion. Emphasis is added, where
appropriate, to the citation.
55 1604. Filing requirements. A professional land surveyor shall complete, sign, and file with the county clerk and recorder
of the county where the corner is situated, a written record of the establishment or restoration of a corner. This record shall
be known as a "corner record" and such a filing shall be made for every public land survey corner and accessory to
such corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated
or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is
completed, unless the corner and its accessories are substantially as described in an existing corner record filed in
accordance with the provisions of this chapter.
In lieu of filing as heretofore provided, corner records may be recorded by photographic process in those
counties which have such facilities.
55 1608. Professional land surveyor to reconstruct monuments. In every case where a corner record of a survey corner
is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must reconstruct
or rehabilitate the monument of such corner, and accessories to such corner.
Any monument set shall conform to the provisions of section 54 1227, Idaho Code. If the monument is set by a public
officer, it shall be marked by an appropriate official designation.
This was addressed in the Boards June 2008 Bulletin, page 3, where this appeared:
BOARD EXPRESSES OPINION ON ELECTRONIC DOCUMENTS SUBMITTED FOR GIS
The Board reviewed an inquiry from John Root, P.L.S. in which he asked the Board questions and expressed
concerns about Twin Falls County requesting an electronic copy of plats and Records of Survey for inclusion in
the County Assessor's GIS system. His concern was over the requirement that final documents be sealed,
signed and dated. The Board responded by quoting Idaho Code Section 54-1202(14) which defines "signature"
as
"(14) Signature. The term "signature" shall mean either: an original handwritten message identification
containing the name of the person who applied it; or a digital signature which is an electronic
authentication process attached to or logically associated with an electronic document. The digital
signature must be unique to the person using it; must be capable of verification; must be under the sole
control of the person using it; and must be linked to a document in such a manner that the digital
signature is invalidated if any data in the document is changed."
The Board said that one way to protect the work product would be to apply a digital signature, as defined above,
to the document. That way, if it is altered, the digital signature would be invalidated. Digital signatures are
available from commercial vendors.
Further, Idaho Code Section 54-1215(3)I states
"The seal, signature and date shall be placed on all original documents in such a manner that such seal,
signature and date are reproduced when the original document is copied. The application of the
registrant's seal, signature and date shall constitute certification that the work thereon was done by him
or under his responsible charge. Each plan or drawing sheet shall be sealed and signed by the registrant
or registrants responsible for each sheet. In the case of a business entity, each plan or drawing sheet shall
be sealed and signed by the registrant or registrants involved. Copies of electronically produced
documents, listed in paragraph (b) of this subsection, distributed for informational uses such as
for bidding purposes or working copies, may be issued with the registrant's seal and a notice that
the original document is on file with the registrant's signature and date. The words "Original
Signed By:" and "Date Original Signed:" shall be placed adjacent to or across the seal on the
electronic original. The storage location of the original document shall also be provided. Only the
title page of reports, specifications and like documents need bear the seal, signature and date of the
registrant." (Emphasis added)
By following the steps shown bold and underlined above you will meet the requirement of having sealed and
signed and dated a hard copy. If the document is altered, you have the opportunity to compare it to the original
hard copy.
Finally, you could ask for a written request from the public official who desires an electronic copy, then place a
statement of intent on the document as to its intended use; for example, "For GIS Purposes Only" and "Not
Intended to be a Final Work Product."
This was addressed in the Boards June 2008 Bulletin, page 4, where this appeared:
BOARD EXPRESSES OPINION ON STAMPING OF PRELIMINARY ROAD PLANS AND PRELIMINARY PLATS
The current definition of land surveying relates only to boundaries, which would include the
horizontal alignment, but not the vertical, which would fall in the realm of the licensed professional engineer. If
prepared by an engineer or surveyor, preliminary road plans which include only horizontal alignment must be
sealed and signed by either the surveyor or engineer, but if they contain both horizontal and vertical alignment
they must be sealed, signed and dated by the engineer or both the surveyor and engineer.
This was addressed in the Boards June 2008 Bulletin, page 4, where this appeared:
BOARD EXPRESSES OPINION ON STAMPING OF PRELIMINARY ROAD PLANS AND PRELIMINARY PLATS
Under Idaho Code Section 54-1215(3)(b), effective July 1, 2007, if prepared by a professional
engineer or a professional land surveyor, Preliminary Plats and Preliminary Road Plans that are "intended to be
relied upon to make policy decisions important to the life, health, property or fiscal interest of the public" must
be sealed, signed and dated.
This was addressed in the Boards June 2008 Bulletin, page 5-7, and is too long to reproduce here. Just click on the link and scroll to page 5.
This was addressed in the Boards June 2008 Bulletin, page 8, where this appeared:
BOARD OPINION ON MONUMENTING AND RECORD OF SURVEY
Work done by a professional land surveyor that does not include monumenting is not a "survey"
under current law, hence the preparation of and filing of a Record of Survey is not required when there is no
monumenting. Idaho Code Section 55-1902(9) defines a "survey" as "the locating and monumenting of points
of lines which define the exterior boundary or boundaries common to two (2) or more ownerships . . . or which
reestablish or restore public land survey corners in accordance with established principles of land surveying . . "
(Emphasis added) Idaho Code Section 55-1904 states, in pertinent part "After making a survey in
conformity with established principles of land surveying, a surveyor shall file a record of survey with the county
recorder in the county or counties wherein the lands surveyed are situated." (Emphasis added) If no survey
has been performed, then no Record of Survey need be prepared and recorded.
This was addressed in the Boards June 2008 Bulletin, page 8, where this appeared:
BOARD OPINION ON MONUMENTING AND RECORD OF SURVEY
(T)he preparation of a legal description on
the basis of preliminary work, but not monumentation in the field, would constitute a "report," and under Idaho
Code Section 54-1215 would be required to be sealed, signed and dated, but a "report" and a "survey" are not the
same thing. As stated in the previous answer, in order for a "survey" to have been done, the surveyor must
located and monumented the points. Without doing both, a "survey" has not been performed, and if a survey
has not been performed, then no Record of Survey need be prepared and recorded.
Both the above answers are somewhat complicated by the language of Idaho Code Section 54-1227, which
states, in pertinent part, "Every licensed professional land surveyor is hereby authorized to make land surveys
relating to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public
roads, streets, alleys, or trails; and it shall be the duty of each licensed professional land surveyor, whenever
making any such land survey, to set permanent and reliable magnetically detectable monuments . . ." Since
"survey" is not defined in Title 54 Chapter 12 of Idaho Code, the Board has relied upon the definition of
"survey" contained in Title 55 Chapter 19 of Idaho Code.
This was addressed in the Boards November 2008 Bulletin, page 2, where this appeared:
BOARD EXPRESSES OPINION OF STAKING OF DRAIN FIELD EASEMENTS
Some Public Health Districts now require that drain field easements be located and monumented by a
professional land surveyor. The question has arisen as to whether or not a Record of Survey would be required.
The Board is of the opinion that when such services are performed, the conditions specified in Idaho Code
Sections 55-1904(2) and (3) exist and a Record of Survey must be filed.