Current through Register Vol. XLI, No. 50, December 13, 2024
Section 23-5-4 - Seals and Document Certification4.1. Seal of the Board. The seal of the Board shall be affixed to each certificate or license issued by the Board.4.2. Seal of the Licensee. 4.2.a. The types of seals approved by the Board are the stamp seal, embossing seal and digital seal. The licensee shall have in his or her possession a stamp or embosser. The digital seal is optional.4.2.b. All seals made on or after the effective date of this rule shall comply with the format and size standards and as a minimum the quality standards as set forth in subdivision 4.2.c. of this rule. A prior seal will be legitimate after the effective date of this rule if it complies with all seal requirements as set forth in W. Va. Code § 30-13A-19(a) and generally meets the formatting standards that preceded the effective date of this rule.4.2.c. The seal shall contain the following information (the example may not be to scale): 4.2.c.1. An outer circle using a "rope" line type that measures one and five-eighths (1 5/8") inches outside to outside. Click Here To View Image
4.2.c.2. An inner concentric circle using the "knurled" line type that measures one (1") inch outside to outside4.2.c.3. The legal name of the licensee shall be uppercase and centered on the top between the two concentric circles. Any combination of the first, middle and last name; first name, middle initial and last name; or first initial, middle name and last name is acceptable.4.2.c.4. The words "Professional Surveyor" shall be uppercase and centered on the bottom between the two concentric circles.4.2.c.5. Two stars will be located on left and right side of the seal between the concentric circles. One star will precede the word "Professional" and the other will follow the word "Surveyor" with a space between the words and the stars.4.2.c.6. The word "Licensed" shall be uppercase, centered and aligned along the inside top of the inner circle.4.2.c.7. The words "West Virginia" shall be uppercase, centered and aligned along the inside bottom of the inner circle.4.2.c.8. The words "State of" shall be uppercase and centered above "West Virginia."4.2.c.9. The license number shall be in the center of the inner circle and more prominent than the other words within the inner circle.4.2.d. When an applicant is granted licensure, the Board shall provide the initial stamp seal. All other seals procured by the licensee shall meet the format and size standards and shall meet as a minimum the same quality as the Board provided seal.4.2.e. It is the responsibility of each licensee to report to the Board the loss or theft of his or her seal or the illegal use of the seal as soon as practical after the loss, theft or illegal use is discovered.4.3. Document Certification by Licensee.4.3.a. The seal, signature and endorsement, if applicable, of the licensee and the date of signing shall be on all certified survey documents whenever presented to a client or public agency to certify that the work product was completed under the professional charge of the licensee. 4.3.a.1. An original handwritten signature of the licensee shall be affixed to a survey document before it is considered as certified.4.3.a.2. The seal shall be affixed and the signature shall be ascribed in a manner that a copy of the certified survey document is readily identifiable.4.3.a.3. Digital signatures, signature stamps or other such facsimiles are prohibited on all certified survey documents. Other survey related documents may have either a digital seal or digital signature, or facsimile thereof, but both cannot be on the same document.4.3.b. Licensees shall not affix their seal or ascribe their signature to any survey document unless they are in active status with the Board; the survey work related to the document was performed under their professional charge, unless multiple disciplines or professions are involved as set forth in subdivision 4.3.d. of this rule; and they are competent to perform the survey related work by virtue of education or experience.4.3.b.1. In the event a question arises as to the competence of a licensee to perform a surveying assignment in a specific technical field of surveying which cannot be otherwise resolved to the Board's satisfaction, the Board, either upon request of the surveyor or by its own volition, may require the surveyor to submit to an appropriate examination as determined by the Board.4.3.c. Plats, descriptions, reports, maps, plans, drawings, or other survey documents will be deemed to have been prepared under the professional charge or direct supervision of a licensee only when all the following conditions have been met: 4.3.c.1. The client, agent or authorized representative requesting preparation of such survey documents makes the request directly to the licensee, or a member or employee of the licensee's firm.4.3.c.2. The licensee directly supervises the preparation of such survey documents and has an opportunity for input into their preparation prior to their completion;4.3.c.3. The licensee reviews the final survey documents.4.3.c.4. The licensee has the authority to and may make any necessary and appropriate changes to the work products or survey documents submitted to the client or displayed to the public.4.3.c.5. The licensee in professional charge is responsible for meeting all of the preceding requirements whether the work is being performed remotely or locally. Remote supervision is exclusive to a member or employee of the licensee's firm unless the licensee has applied for and received prior approval from the Board to provide special supervision as set forth in section 5 of this rule.4.3.d. When a plat, map or drawing contains more than one sheet, the first or title page shall be sealed and signed by the licensee who is in professional charge. Two or more licensees may affix their signatures and seals provided it is designated by a note under the seal the specific subject matter for which each is responsible. In addition, each drawing shall be sealed and signed by the licensee or licensees responsible for each sheet. When a firm, partnership or corporation performs the work, each drawing shall be sealed by the licensee or licensees who was/were in professional charge of the work.4.3.e. Digital seals may be used on final original plats and drawings provided a handwritten signature is placed adjacent to or across the seal and the date is written below the seal. Certified survey documents may be transmitted electronically but shall have the digital seal, if any, removed before transmitting and shall have the following inserted in lieu of the signature and date: "This document originally issued and sealed by (name of licensee, P.S.#--- on (date of sealing)). This document should not be considered a certified document."4.3.f. Any revision to a survey document containing the seal and signature of a licensee shall be described and dated. If the original licensee is unavailable, the current licensee in professional charge shall sign and seal the revisions.4.3.g. In circumstances where a licensee in professional charge of the work is unavailable to complete the work, a successor licensee may take professional charge by performing all professional services. The burden is on the successor licensee to show such compliance. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.4.3.h. Copies or modifications of certified survey documents shall not be filed with any county clerk or accepted by any public official unless initialed and dated by the licensee in the presence of the clerk, public official or their respective representative.4.3.i. Working drawings or unfinished documents are not required to have a seal and signature if the working drawing or preliminary document contains a statement to the effect "Preliminary, not for construction, recording purposes, or implementation."