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Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 2:46 pm
by mpallamary
Does anyone know what the penalty is, if any, for not filing an Organizational Record or a Department Designation Form with the Board?

Thanks

Re: Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 3:14 pm
by Edward M Reading
Seems like you should address that question to the Board.

Re: Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 4:31 pm
by mpallamary
Thank you Edward. That is a wonderful idea.

Re: Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 5:33 pm
by David Kendall
I have called the board for this purpose before. The short answer is I am still waiting for a response. I spoke with a gentleman who said he will follow up and request a NODD from the firm. It's been almost a year (file notes below from 10/6/2020)

I spoke with Brooke (916-223-2284) in the enforcement unit at BPELSG this morning. She states that the Town of Windsor does not have a NODD on file. She will send them a letter. In the meantime if we discover they are engaging in unlicensed practice then she is recommending that we file a complaint

http://www.bpelsg.ca.gov (https://www.bpelsg.ca.gov/consumers/com ... nsee.shtml)


I did later discover the name of the firm they contract with for map review is called CSG consultants

https://www.csgengr.com/service/development-map-review/

CSG Consultants (https://www.csgengr.com/service/development-map-review/)
Development & Map Review Archives - CSG Consultants
Our experienced, former municipal staff and cross-trained professionals, assist with all phases of review, permit compliance and program implementation.

No telling who the LS is on their team. Don't hold your breath....

Re: Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 10:12 pm
by mpallamary
Thanks David,

This is the kind of feedback I was seeking. I have run into a lot of problems trying to find out who is doing work for various cities as well as other cities that do not have a NODD on file. Everyone hides behind the moniker "City Engineer," and no one is responsible or held responsible. What this means is all kinds of unlicensed people are doing survey work. As people move around from department to department or temporarily "retire" no one is held responsible for anything.

Re: Notice of Department Designation and Organizational Record

Posted: Thu Aug 05, 2021 10:19 pm
by mpallamary
Changes to the California PE Board’s Laws in 2015 that Apply to Local Governmental Agencies
by Ric Moore, PLS Executive Officer, California PE Board (BPELSG)
(Reprinted with permission from the Spring 2015 BPELSG Bulletin)

The California PE Board (BPELSG) has asked the ASCE Region 9 Board to assist in reminding public agency engineers of their responsibilities for monument preservation/perpetuation as required by law. Please contact BPELSG Executive Officer Ric Moore (Ric.Moore@dca.ca.gov) for any questions or clarification in regard to this 2015 past article.

On January 1, 2015, changes to both the Professional Land Surveyors’ Act and the Professional Engineers Act that apply to governmental agencies and their employees became effective.

Section 8725.1 was added to the Professional Land Surveyors’ Act (California Business and Professions Code) requiring that all licensure requirements imposed upon private sector professional land surveyors shall be imposed upon individuals performing land surveying for a governmental agency. Section 8725.1 states as follows:

It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional land surveyors and land surveying partnerships, firms, or corporations shall be imposed upon the state and any city, county, city and county, district, and special district that shall adhere to those requirements. Therefore, for the purposes of Section 8725 and this chapter, at least one person authorized to practice land surveying shall be designated the person in responsible charge of professional land surveying work practiced in any department or agency of the state, city, county, city and county, district, or special district.

This requirement has been a part of the Professional Engineers Act, in Section 6730.2, for many years. The addition of Section 8725.1 has made it clear that professional land surveying services performed for or by a governmental agency are required to be done by a person legally authorized to perform land surveying services. These sections clarify that the requirement for licensure applies to governmental agencies and their employees as well as licensees working in the private sector.

The change to the Professional Engineers Act was an addition to Section 6730.2, which has been amended to add subsection (c) concerning monument preservation. Section 6730.2(c) states as follows:

The designate person in responsible charge of professional civil engineering work of any department or agency of the state, city, county, city and county, district, or special district pursuant to this section is responsible for compliance with subdivisions (b) and (c) of Section 8771.

The addition of Section 6730.2(c) identifies that the civil engineer in responsible charge for civil engineering work at a department or agency is responsible for compliance with the laws pertaining to the preservation of monuments that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, and the monuments shall be located and referenced prior to the time when construction of the project begins so monumentation is not lost and that any existing monumentation can be retained or replaced in their original position.

Based upon these new requirements, the Board for Professional Engineers, Land Surveyors, and Geologists (Board) is in the process of creating a form to be completed by governmental agencies that will identify the engineers and surveyors in responsible charge of performing the respective engineering and land surveying duties for their agency. The form, Notice of Department or Agency Association, will be required to be filed by all governmental agencies that perform civil, electrical, and mechanical engineering or land surveying services whether that agency is a State, city, county, or city/ county agency, or a district or special district. The form will provide the Board with a record of who, whether an agency employee or a contracted individual, is in responsible charge of engineering and surveying services for each department or agency.