CHAPTER 5

Practice of Professional Engineering and Professional Land Surveying

Section 1.Seals. 

 

 

 

 

 

 

 

 

 

 

 

(a)The seal authorized by the Board for Licensees is of the crimp type and/or rubber stamp facsimile and shall be of a design shown. The seal consists of two concentric circles with the diameter of the outer circle being 1-3/4 inches and the diameter of the inner circle being 1-1/4 inches.  The upper portion between the two circles shall bear whichever of the following phrases is applicable to the Licensee:  "Professional Engineer"; "Professional Land Surveyor"; or "Professional Engineer & Land Surveyor."  At the bottom of the annular space between the two circles shall appear the inscription "Wyoming"; the inner circle shall contain the name of the Licensee, license number and the word "Date."  The license number assigned should be centered in the inner area of the seal in the space occupied by the word "NUMBER" and the size of the numbers should not be larger than the word "NAME."  The words and parentheses "(NUMBER)", and "(NAME)", should not appear on the seal.

 

(b)Seals authorized prior to July 1, 2013, may continue to be used.

 

(c)An imprint of the Licensee's valid seal shall appear on original and non-original copies, tracings or other documents, as required by W.S. 33-29-801.  Seals generated electronically are acceptable if accompanied by a signature and date of the Licensee preparing the generated document and as long as the electronically generated seal complies with the requirements outlined in subsection (a) above. When the document contains more than one sheet, the title page(s) or the first page of a Licensee's work shall be sealed, signed and dated by the Licensee who supervised the work and is responsible for such work.  To be valid, any seal must be legible in its entirety and the signature of the Licensee and date of signing must be superimposed over the seal.  Legible full size or reduced reproductions of sealed, signed and dated documents are acceptable as long as an original, including the signature, seal and date, is maintained in the Licensee's possession.

 

(d)In accordance with the Uniform Electronic Transactions Act, (W.S. 40-21-101 through 40-21-119), an electronic image of the Licensee's seal, signature, and date is permitted to be used in lieu of an original seal, signature and date on electronic submittals made to agencies of local, state, and federal governments or between private entities if they so desire. 

 

(e)Drawings, reports, or documents that require a signature may be signed using a digital signature.  The digital signature must be:

 

(i)Unique to the Licensee using it;

 

(ii)Capable of verification; and

 

(iii)Under the sole responsibility and control of the Licensee affixing it; and

 

(iv)Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.  A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in subsections (c)(i) through (iii).  Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and be a confirmation that the electronic file was not altered after the initial digital signing of the file.  Any alterations to the file shall cause the facsimile of the signature to be voided.

 

(f)A scanned image or other reproduction of an original signature may be used in lieu of an original signature or digital signature if accompanied by the date of signature.

 

(g)Any work sealed, signed and dated by a Licensee must have been prepared or substantially reviewed by that Licensee or someone under the Licensee's direct supervision.  After-the-fact ratification by the sealing of documents, when the underlying work was not performed by or under the responsible charge and supervision of the Licensee, is prohibited unless a thorough technical review is done.

 

(h)Upon notification by the Board of satisfying all License requirements, the Applicant shall obtain a seal of a design stipulated in Subparagraph 1 (a) of this Chapter.  The Applicant shall purchase a seal, and submit, on a form provided by the Board, an impression or stamp of the seal with an original signature superimposed over it, for the Board records.  The Board shall approve or disapprove any seal not meeting the exact specifications of Subparagraph 1 (a) of this rule and shall require the Licensee to obtain and pay for another seal meeting those specifications prior to sealing any work.  If a replacement or additional seal is required, the Licensee shall submit an impression or stamp of the new seal to the Board, accompanied by a sworn statement stipulating the purpose for the seal's duplication.

 

Section 2.Sizes.  The dimensions of all hardcopy maps, plats, plans, and designs for filing or recording shall be as specified by the private or governmental entity requiring the documents.

 

Section 3.Engineering Surveys. 

 

(a)"Engineering survey" means measurement by angles, distances and elevations of natural or man-made features in the air, on the surface, and in the immediate subsurface of the earth, within underground workings, and on the surface or within bodies of water for the purpose of determining or establishing their size, shape, topography, grades, contours or water surface and depths, setting, resetting or replacing of points to guide the location of new construction, and the preparation and perpetuation of field note records and maps depicting these features. Engineering surveys do not include the establishment or determination of easement or property boundary lines.

 

(b)Engineering Surveys shall be performed by either a Professional Engineer or a Professional Land Surveyor.

 

Section  4.Land Surveying Practices.

 

(a)Securing Identifying Markers.  Professional land surveyors, and professional engineers and land surveyors engaged in the practice of land surveying, shall obtain and use metallic identifying markers which shall show the Licensee's Wyoming License Number, as issued by the Board, prefixed by the letters LS, PLS, or PE & LS, as appropriate.

 

(b)Monumentation.

 

(i)All corners establishing real property boundaries shall be monumented with a durable monument, including accessories that are appropriate to the local site conditions.  Monuments recovered and accepted during retracement surveys as a real property boundary marker must be evaluated for durability and identification.  Those corners for which the monument and accessories are found to be deficient shall be rehabilitated so that each corner is left marked in such a manner as meets the above standards for monumentation.  Any such monument that is in imminent danger of being obliterated or lost by natural or man-made surface disturbance shall be witnessed or referenced. The use of wooden or plastic stakes, hubs, posts and caps is unacceptable as permanent monuments.  Each survey monument shall include a permanently affixed metallic identifying marker.  Except where impracticable because of site conditions, or more restrictive state, county, city or town rules and regulations apply, the Licensee shall use, as a minimum, an iron pipe or rod monument not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inch in diameter, or a durable nonferrous monument, of the same dimensions, which has at least one ferromagnetic insert for electronic or magnetic detection.

 

(ii)For all public land survey corners which were monumented during the original government surveys or resurveys, which are restored or reestablished, and for the center quarter (1/4) corner and sixteenth (1/16) corners of sections and for the corners or angle points of independent resurvey tracts and lots, the Licensee shall use, as the preferred minimum monument, a galvanized iron or aluminum pipe not less than twenty-four (24) inches in length and not less than two (2) inches in diameter with a metallic cap not less than two and one-half (2 ½) inches in diameter securely fastened to the top, or an iron rod not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inch in diameter with a metallic cap not less than two and one-half (2 ½) inches in diameter securely fastened to the top, except where impracticable because of site conditions.  All nonferrous monuments shall have at least one ferromagnetic insert for electronic or magnetic detection.

 

(iii)Monuments set for any purpose shall be marked, stamped or inscribed in accordance with these rules and shall identify the public land survey corner, property corner, accessory, control point or other point it is intended to monument.  Sufficient markings shall be placed upon accessories and control points to avoid confusion with actual corner monuments.

 

(c)Rehabilitation of Original Public Land Survey System Monuments.

 

(i)Original corner monuments and accessories recovered in place as described in the original record and deemed to be in good condition may be left in place.

 

(ii)Any original monument or evidence of original monument used for any land surveying purpose which does not comply with Subparagraph (a) of this section shall be remonumented in order to perpetuate the position of that corner using a monument which complies with Section 4(b) of this Chapter, and documented in accordance with Chapter 7 of these rules.

 

(d)Subdivision of Sections of the Public Land Survey System. 

 

(i)For the subdivision of any section, resurvey tract or lot of the public land survey system, the Licensee shall be required to recover or reestablish all of the corners established and monumented during the original government survey or resurvey, which are relevant to the subdivision.   The Licensee shall follow the "Manual of Surveying Instruction For the Survey of the Public Lands of the United States," 2009 edition, for any public land survey corner established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey.  The words establish or reestablish as used in the Manual shall mean to determine the true position of a corner and set a monument which meets the above standards.

 

(ii)Monuments shall be set at all controlling corners established for the aliquot part of the section being subdivided.  The center quarter (1/4) corner shall be recovered or established and monumented.  The quarter section sixteenth (1/16) corners shall be recovered or established and monumented.  Monuments of other aliquot corners may be established where necessary to mark the corners of a minor subdivision. This shall mean that for any one quarter section subdivided, all five (5) (or more as appropriate) sixteenth (1/16) corners and the center quarter (1/4) corner shall be monumented unless impractical.

 

(iii)Where it is impractical to monument, witness or reference a corner due to site conditions, denial of access, or situations beyond the Licensees' control, the Licensee shall document the particulars of the corner establishment and file the documentation in accordance with Chapter7 of these rules and/or record a public document detailing the circumstance.

 

Section  5.Practice through Business Entities.

 

(a)Any Business Entity offering to practice professional engineering or professional land surveying must be registered with the Board.

 

(b)Registration of Business Entities:

 

(i)For a business entity to practice professional engineering and/or professional land surveying in Wyoming, the following information shall be submitted to the Board office on forms adopted by the Board:

(A)Business name;

 

(B)All office locations in Wyoming;

 

(C)Name, corporate status, license number, seal, phone number, and signature of the Licensee in charge of professional activities of the business in the state;

 

(D)Names, license numbers, and corporate status of all personnel of the business who act on its behalf as professional engineers or professional land surveyors in the state;    

 

(E)Whether the entity offers professional engineering or professional land surveying services or both.

 

(F)The Board office must be notified within thirty (30) calendar days of any name changes of responsible Licensees in charge and of business name changes.

 

(ii)Business entities must complete and submit a registration renewal form every two (2) years along with the required renewal fee.

 

(c)Failure of a business entity to be currently registered with the Board as required may result in disciplinary actions against any of the following: the business entity, the Licensee in charge of the professional activities of the business in the State, any individual professional engineer or professional land surveyor who acts on behalf of the business entity in the State.

 

Section 6.Exemptions and limitations; Clarifications.

 

(a)W.S. 33-29-604 (a)-(i) does not exempt officers or employees of the United States from other requirements of state law, such as the requirements of the State Engineer found in W.S. 41-3-308, 309, 114, or 935, or W.S. 41-4-507, or similar requirements of other state agencies.

 

Section 7.Rules of Professional Conduct.

 

(a)All Licensees and Interns shall comply with the following standards, and failure to do so may result in discipline:

(i)A Licensee or Intern shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for license;

(ii)A Licensee or Intern shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;

 

(iii)A Licensee or Intern shall not knowingly seal, sign and date any plans, drawings, blueprints, land surveys, reports, specifications or other documents not prepared or without thorough technical review by the Licensee or under the Licensee's direct supervision;

 

(iv)A Licensee or Intern shall not knowingly violate any federal or state statute concerning bribery;

 

(v)A Licensee or Intern shall comply with all federal, state, and local building, fire, safety, real estate, and mining codes, and any other laws, codes, ordinances, or regulations pertaining to the Licensee's professional practice.  A Licensee shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;

 

(vi)A Licensee or Intern shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to his/her professional practice;

 

(vii)A Licensee shall apply the technical knowledge and skill which would be applied by other qualified Licensees who practice the same profession;

 

(viii)A Licensee shall not accept an assignment where the duty to a client or the public would conflict with the Licensee's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;

 

(ix)Licensees shall not accept compensation for services related to the same project or professional engagement from more than one private party without making full disclosure to all parties involved and obtaining the express written consent of all parties involved;

 

(x)Licensees who serve governmental or quasi-governmental organizations or departments, or are board members of any organization which receives government funds, as members, advisors, or employees shall recuse themselves from any conflict of interest decision and act in the best interest of that organization;

 

(xi)A Licensee shall not accept any professional engagement or assignment outside the Licensee's professional license unless: (a) the Licensee is qualified by education, technical knowledge or experience to perform such work and (b) such work is both necessary and incidental to the work of the Licensee's profession on that specific engagement or assignment;

 

(xii)Except as otherwise provided by law, code, ordinance, or regulation, a Licensee may act as the prime professional for a given project and select collaborating professionals; however, the Licensee shall perform only those professional services for which the Licensee is qualified and shall seal, sign and date only the work prepared by the Licensee or under the Licensee's direct supervision;

 

(xiii)A Licensee shall make full disclosure to all parties concerning: (a) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or (b) any monetary, financial, or beneficial interest, the Licensee may hold in a contracting firm or other entity providing goods or services, other than the Licensee's professional services, to a project or engagement;

 

(xiv)A Licensee shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;

 

(xv)If a Licensee's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the Licensee shall immediately notify the client or employer.  If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the Licensee shall also notify the Board of the specific nature of the public threat;   

 

(xvi)If called upon or employed as an arbitrator to interpret contracts or to judge contract performance, or to perform any other arbitration duties, the Licensee shall render decisions impartially and without bias to any party.

 

(b)               In the event the referenced engineering code of ethics or surveying creed and canons conflict with the following standards, the standards in this section shall control.

 

(c)The Board has adopted and incorporated herein the National Society of Professional Engineers (NSPE) "Code of Ethics for Engineers" dated July 2019 and the National Society of Professional Surveyors (NSPS) "Surveyor's Creed and Cannons" copyright 1996-2012.  All licensed professional engineers, engineer Interns, professional land surveyors, and surveyor Intern shall comply with the applicable code adopted by the Board.