California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 29 - Board for Geologists and Geophysicists › Article 1 - General Provisions › Section 3003 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of the rules and regulations contained in
				  this chapter, the term:
(a) "Board"
				means the Board for Professional Engineers, Land Surveyors, and
				Geologists.
(b) "Engineering
				Geology" means the application of geologic data, principles and interpretation
				so that geologic factors and processes affecting planning, design,
				construction, maintenance, and vulnerability of civil engineering works are
				properly recognized and utilized.
(c) "Responsible Position" means a position
				whereby a person having individual control and direction of a geological
				project exercises individual initiative, skill and judgment in the
				investigation and interpretation of geological features, or the supervision of
				such projects. An individual can be considered to be in a responsible position
				even though not registered and working as a subordinate employee to a
				registered or qualified geologist.
(d) "Professional geological work" is work
				performed at a professional level rather than at a subprofessional or
				apprentice level and requires the application of scientific knowledge,
				principles and methods to geological problems through the exercise of
				individual initiative and judgment in investigating, measuring, interpreting
				and reporting on the physical phenomena of the earth. Implicit in this
				definition is the recognition of professional responsibility and integrity and
				the acknowledgment of minimal supervision.
"Professional geological work" specifically does not include
				  such routine activities as drafting, sampling, sample preparation, routine
				  laboratory work, etc., where the elements of initiative, scientific judgment
				  and decision making are lacking, nor does it include activities which do not
				  use scientific methods to process and interpret geologic data. Further, it
				  specifically does not include soils engineering, soils sampling, soils testing
				  or other activities in or related to the agricultural application of soils
				  sciences. It also does not include mining, mining engineering or other
				  engineering disciplines and/or other physical sciences wherein geological
				  investigation, analysis and interpretation are minimal or
				  lacking.
(e) "Professional
				geophysical work" is work performed at a professional level rather than at a
				subprofessional or apprentice level and requires the application of scientific
				knowledge, principles and methods to geophysical problems through the exercise
				of individual initiative and judgment in investigating, measuring, interpreting
				and reporting on the physical phenomena of the earth. The term includes the
				practice of geophysics for the evaluation and mitigation of earthquake hazards,
				and environmental and groundwater resource assessment. Implicit in this
				definition is the recognition of professional responsibility and integrity and
				the acknowledgment of minimal supervision.
"Professional geophysical work" specifically does not include
				  activities wherein the analysis or interpretation of geophysical or geological
				  information is lacking. Such nonprofessional work could encompass party or crew
				  chief and would encompass lesser forms of employment in field parties, the
				  manufacture, assembly or maintenance and repair of geophysical instruments and
				  equipment, computer programming, data processing or retrieval and routine
				  activities normally performed by a technician in acquiring and reporting on
				  geophysical information where the elements of initiative, scientific judgment
				  and decision making are absent. It also does not include those engineering
				  disciplines and other physical sciences wherein geophysical or geological
				  investigation, analysis and interpretation are minimal or
				  lacking.
(f) "Practice of
				Geology or Geophysics."
(1) The practice of
				geology or geophysics "for others" includes but is not limited to the
				preparation of geologic or geophysical reports, documents or exhibits by any
				commission, board, department, district or division of the state or any
				political subdivision thereof or of any county, city or other public body or by
				the employees or staff members of such commission, board, department, district
				or division of the state or any political subdivision thereof or of any county,
				city or other public body when such reports, documents or exhibits are
				disseminated or made available to the public in such a manner that the public
				may reasonably be expected to rely thereon or be affected thereby.
(2) The practice of geology or geophysics
				"for others" includes but is not limited to the performance of geological or
				geophysical services by any individual, firm, partnership, corporation or other
				association or by the employees or staff members thereof, whether or not the
				principal business of such organization is the practice of geology or
				geophysics, when the geological or geophysical reports, documents or exhibits
				constituting the practice of geology or geophysics are disseminated or made
				available to the public or any individual or combination of individuals other
				than the employees or staff of such organization in such a manner that the
				public or said individual or combination of individuals may reasonably be
				expected to rely thereon or be affected thereby.
(3) Geological or geophysical reports,
				documents or exhibits which are prepared by the employees or staff members of
				any individual, firm, partnership, corporation or other association or
				commission, board, department, district, or division of the state or any
				political subdivision thereof or of any county, city or other public body which
				are for use solely within such organization are considered "in-house" reports,
				documents or exhibits and are not the practice of geology or geophysics for
				others unless or until such reports are disseminated or made available as set
				forth in subsection (1) or (2).