CR 13-020 Rule Text

STATE OF WISCONSIN

EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS

IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE

EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,

PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS

PROPOSED ORDER OF THE EXAMINING BOARD OF

ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL

ENGINEERS, DESIGNERS AND LAND SURVEYORS

ADOPTING RULE

(CLEARINGHOUSE RULE 13-020)

ORDER

An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to amend A-E 2.02 (7) (a) (intro.), 2.02 (7) (b) (intro.) and 2.02 (7) (b) 2., to repeal and recreate A-E 2.02 (7) (b) 2. (Note), to create A-E 2.02 (7) (a) (1), relating to electronic seals and signatures.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

s. 443.17, Stats.

Statutory authority:

     

ss. 15.08 (5) (b), 227.11 (2) (a), and 443.17, Stats.

Explanation of agency authority:

The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors has general power, pursuant to s. 15.08 (5) (b), Stats., to promulgate rules for guidance within its profession. The Board may also promulgate rules that interpret statutes they enforce or administer per s. 227.11 (2) (a), Stats. Section 443.17, Stats., regulates the use of seals and is administered by the Board. Therefore, the Board is authorized to promulgate rules that give guidance on the use of seals or signatures.

Related statute or rule:

s. A-E 2.02

Plain language analysis:

Registration seals and signatures must be utilized in the production of plans, drawings, documents, specifications, and reports generated by architects, landscape architects, professional engineers, designers and land surveyors. The proposed rule would allow the afore mentioned professionals to use an electronic seal or signature on documents submitted to governmental agencies as long as the electronic seal or signature conformed to the requirements of subch. II, ch. 137, Stats. and the governmental agency accepts such documents.

Summary of, and comparison with, existing or proposed federal regulation:

There are no comparable or existing proposed federal regulations.

Comparison with rules in adjacent states:

The following comparisons are the result of various internet searches:

Illinois: Architects, Engineers and Land Surveyors must have a reproducible seal or facsimile, which may be computer generated. Ill. Admin. Code tit. 68 ss. 1150, 1380.295 and 1270.58 Illinois code expressly prohibits the use of signatures generated by computers. Illinois requires original signatures only.

Iowa: Professional Engineers and Professional Land Surveyors must use a certification block on original documents. The certification block requires a seal and a signature. A legible rubber stamp or facsimile of a seal may be used. 193C IAC 6.1 (3) (542B) Computer generated seals may be used on final documents. Iowa Professional Engineers and Professional Land Surveyor licensees may affix a handwritten or secure electronic signature to the certification block as long as the signature is protected by a procedure that is, “adequate to (1) verify the signature is that of a specific person and (2) detect any changes that may be made or attempted after the signature of the specific person is affixed.” 193C IAC 6.9 (542B)

Michigan: Architects, professional engineers, and professional land surveyors may use an embossed seal or a rubber stamp and an original signature only. MICH. ADMIN. Code r.339.15301, 339.16024, and 339.17301