NOTICE OF PUBLIC HEARING
Pursuant to Hawaii Revised Statutes ("HRS") section 457-5 and Chapter 91, notice is hereby given that the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects ("Board") will hold a public hearing on Monday, April 24, 2023 at 9:00 a.m. in the King Kalakaua Conference Room, 1st Floor, King Kalakaua Building, Department of Commerce and Consumer Affairs, 335 Merchant Street, Honolulu, Hawaii, to hear all persons interested in the proposed amendments to Hawaii Administrative Rules ("HAR") Chapter 16-115, pertaining to professional engineers, architects, surveyors, and landscape architects.
The purposes of the proposed amendments are to: (1) Add new definitions of "A.R.E.", "AXP", "Digital signature", "Environmental engineering", and "Fire protection engineering"; (2) Amend definitions of "Branch examination" and "Experience in responsible charge"; (3) Include abbreviations for new branches of "Environmental" and "Fire protection" engineering for seal or stamp; (4) Allow for the acceptance of digital signatures on all plans, specifications, maps, reports, surveys, descriptions, and every sheet in a set of design drawings prepared by or under the supervision of a licensed professional engineer, architect, land surveyor, or landscape architect; (5) Add a new section to address any misconduct by an applicant in applying for, taking, or subsequent to the examination; (6) Add two new branches of engineering for licensure, Environmental and Fire Protection; (7) Bring all relevant sections to current practice regarding examinations with outdated test dates by requiring that relevant applicants apply no later than 90 days prior to the examination; (8) Clarify that "lawful experience" accepted to satisfy the education requirement for professional engineer or land surveyor licensure cannot be credited concurrently with meeting the experience requirement; (9) Add new sections addressing the qualifications and licensure requirements for environmental and fire protection engineers; (10) Update all relevant sections to include the Architectural Experience Program ("AXP"), which has replaced the outdated Intern Development Program ("IDP") of the National Council of Architectural Registration Boards ("NCARB"); (11) Delete reference to a state-produced licensing examination for architect applicants; (12) Clarify requirements for applicants who may register for the A.R.E. directly with the NCARB; (13) Add new sections that promulgate rules for §464-9(d), HRS, clarifying the continuing education ("CE") requirements for licensed architects to renew their license including: that CE courses in public protection subjects must be related to health, safety, and welfare ("HSW"), that CE courses must be completed within two years preceding the biennial renewal date, certificate of compliance, measures to conduct a random CE audit, a four year retention requirement of CE documents by applicants following the renewal period, and clarification of waivers or modification of requirements; (13) Clarify the examination requirements for licensure as a land surveyor; (14) Clarify both the requirements of passing the NCEES Fundamentals of Surveying ("FS") and the FS waiver of examination requirement for applicants by endorsement; (15) Clarify the name and outdated information regarding the Hawaii state board-produced exam for surveyors; (16) Include acceptance of a "land surveying" degree for a level of education that determines the required amount of experience needed for licensure; (17) Clarify the requirement for a landscape architect applying by endorsement by deleting reference to outdated information regarding a state-produced licensing examination and fifteen years of experience in responsible charge approved by the board; (18) Make other non-substantive changes for the purposes of style and clarity.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, at the time of hearing. All persons wishing to submit written testimony are requested to submit 18 copies of their written testimony by Friday, April 14, 2023, to the Professional and Vocational Licensing Division at the address printed below.
A copy of the proposed rules will be mailed to any person who requests a copy upon receipt of $17.46 for the copy and postage. Please submit your request to the Professional and Vocational Licensing Division at the address noted below or contact the Board’s office at (808) 596-2702.
Copies may be picked up at the following address between 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays: Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, 335 Merchant Street, Room 343, Honolulu, Hawaii 96813. The cost of a copy, $15.00, is due and payable at the time of pick up.
Further, the proposed rules may be reviewed in person free of charge at the Professional and Vocational Licensing Division at the address and hours of operation printed above. In addition, the full text of the proposed rules is available and can be downloaded free of charge from the web site of the Department of Commerce and Consumer Affairs:
Individuals who require special needs accommodations are invited to call Sheena Choy at (808) 586-2702 at least four (4) working days prior to the hearing.
Clayton Pang, Chair, Board of
Professional Engineers, Architects,
Surveyors, and Landscape
Architects, State of Hawaii