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BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING

 

DIVISION 25
DIGITAL SEAL AND SIGNATURE
820-025-0001
Definitions
(1) "Digital signature" means a type
of electronic signature that transforms a message through the use of an algorithm
or series of algorithms that provide a key pair, private and public, for signor
verification, document security and authentication.
(2) “Certificate Authority”
is the trusted third party that issues and manages digital certificates (private
and public keys) for digital signatures.
(3) “Digital certificate”
is required to affix a digital signature, for the recipient to verify the identity
of the signor, and for the recipient to verify that the contents of the document
have not been altered since the signature was affixed.
Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: BEELS 7-2015, f. &
cert. ef. 9-16-15
820-025-0005
Official Seal
(1) Seals, as referenced by ORS 672.020(2)
and 672.025(2), must contain the printed name of the registrant, the date of registration,
the number of the registrant's certificate of registration, and the registrant's
professional title. The registrant's printed name on the seal will be exactly the
same as the name printed on registrant's certificate of registration.
(2) The size, design and
content of the seal will be an exact replica, in style, of the examples shown in
Exhibit 1 (Official Seals) for the profession or branch of the profession in which
the registrant is licensed. (A tolerance of 1/4" is permitted as to the size of
the seal). The expiration or renewal date may be made part of the seal. If the expiration
or renewal date is not made part of the seal, it must be handwritten, in permanent
ink, after the word "Expires" or "Renews." Reduced or enlarged seals are not permitted
on final documents. In addition to these requirements, registrants will use the
following seals:
(a) Professional engineers
holding a structural engineering certificate will use the seal with the designation
"Structural" above the words "Registered Professional Engineer," as shown in Exhibit
1-b. Other registered professional engineers will use the seal shown in Exhibit
1-a; [Exhibit not included. See ED. NOTE.]
(b) Registered professional
traffic engineer, who may practice only traffic engineering will use the seal shown
in Exhibit 1-f; [Exhibit not included. See ED. NOTE.]
(c) Registered professional
land surveyors will use the seal shown in Exhibit 1-c; [Exhibit not included. See
ED. NOTE.]
(d) Registered professional
photogrammetrists will use the seal shown in Exhibit 1-d; [Exhibit not included.
See ED. NOTE.]
(e) Registered water rights
examiners will use the seal shown in Exhibit 1-e. [Exhibit not included. See ED.
NOTE.]
(3) The seal may be applied
to a document by rubber stamp or it may be computer-generated onto the document.
(4) The registrant will sign
through the middle of the seal or in the place on the seal as indicated for signature,
in handwriting, and in permanent ink.
(5) A digital signature,
for final documents is acceptable as an alternative to a handwritten signature in
permanent ink if the digital signature:
(a) Is unique to the registrant
using it;
(b) Is independently verifiable
by a Certificate Authority (3rd Party);
(c) Is under the sole control
of the registrant using it;
(d) Is linked to the document
in such a manner that the digital signature is invalidated if any data in the document
is changed; and
(e) Bears the phrase “digital
signature” in place of a handwritten signature.
(6) Only individuals registered
as professional engineers, professional traffic engineers, professional land surveyors,
professional photogrammetrists, or certified water rights examiners may use a seal
with a shape, form or wording similar to those shown in Exhibit 1. Using such a
seal without registration constitutes falsely representing that the person is authorized
to practice the profession.
[ED. NOTE: Exhibits referenced are available
from the agency.]
Stat. Auth.: ORS 670.310
& 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: EE 13, f. 3-29-72,
ef. 4-15-72; EE 16, f. 3-5-74, ef. 3-25-74; EE 20, f. & ef. 12-15-77; EE 2-1986,
f. 3-26-86, ef. 3-31-86; EE 4-1987, f. & ef. 12-1-87; EE 1-1992, f. & cert.
ef. 2-3-92; EE 1-1995, f. 8-15-95, cert. ef. 9-1-95; BEELS 1-1998, f. & cert.
ef. 2-10-98; BEELS 1-2000, f. & cert. ef. 1-14-00; BEELS 3-2006(Temp), f. &
cert. ef. 12-5-06 thru 6-3-07; Administrative Correction, 6-16-07; BEELS 4-2007,
f. & cert. ef. 8-15-07; BEELS 2-2008, f. & cert. ef. 7-9-08; BEELS 2-2009,
f. & cert. ef. 11-13-09; BEELS 6-2013, f. & cert. ef. 9-11-13; BEELS 7-2013(Temp);
f. & cert. ef. 11-12-13 thru 5-9-14; BEELS 10-2013(Temp), f. & cert. ef.
12-5-13 thru 3-14-14; BEELS 2-2014, f. & cert. ef. 2-26-14; Renumbered from
820-010-0620 by BEELS 7-2015, f. & cert. ef. 9-16-15
820-025-0010
Official Seal – Digital Seal
and Signature for Electronic Final Documents
(1) A “Digital Seal and Signature”
is a signature and electronic authentication process that is attached to an electronic
document.
(2) A “Digital Seal
and Signature” is not a photocopy, scanned copy, or other facsimile of a signed
and sealed hard copy document, nor is it a copy or facsimile of a rubber stamp seal
and ink signature, nor is it a copy of a computer-generated image of a seal and
ink signature. Seals and signatures described in this subsection (2) of the rule
are not allowed on final documents.
(3) For electronic final
documents, a “Digital Seal and Signature” (“digital signature”)
is acceptable as an alternative to a stamped or computer-generated image of a seal
with handwritten signature in permanent ink, if:
(a) The digital signature
is unique to the registrant using it;
(b) The digital signature
is independently verifiable by a Certificate Authority (3rd Party);
(c) The digital signature
is under the sole control of the registrant using it;
(d) The digital signature
is linked to the document in such a manner that the digital signature is invalidated
if any data in the document is changed;
(e) The electronic file that
is the final electronic document contains one digital signature that is permanently
linked to it;
(f) For final electronic
files containing a single page, the registrant affixes a computer–generated
image of a stamp that bears the phrase “digitally signed” in lieu of
and in the location designated for a hand-written signature on that page. The computer-generated
image of the stamp must be of a stamp as described in OAR 820-025-0001(1) and (2),
including the size prescribed in OAR 820-025-0001 when the page is printed to full
size; and,
(g) For final electronic
files containing multiple pages not considered drawings, surveys, or plats, the
registrant affixes a computer-generated image of a stamp that bears the phrase “digitally
signed” in lieu of and in the location designated for a hand-written signature
to the title page, an index page, or a seals page, provided that the stamped page
clearly identifies all the other pages comprising the electronic file. The computer-generated
image of the stamp must be of a stamp as described in OAR 820-025-0001(1) and (2),
including the size prescribed in OAR 820-025-0001 when the page is printed to full
size.
Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: BEELS 7-2015, f. &
cert. ef. 9-16-15
820-025-0015
Final Documents
(1) In addition to the final documents
identified in ORS 672.020(2), 672.025(2), and 672.028(2), final documents include
plats, design information, and calculations. All final documents must bear the seal
and signature of the registrant under whose supervision and control they were prepared.
(2) Documents that are not
final documents must be marked as "preliminary", "not for construction", "review
copy", "draft copy, subject to change", or with some similar wording to indicate
that the documents are not intended to represent the final work product of the registrant.
Stat. Auth.: ORS 670.310, 672.020, 672.025,
672.028 & 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: BEELS 3-2006(Temp),
f. & cert. ef. 12-5-06 thru 6-3-07; BEELS 2-2007, f. & cert. ef. 4-5-07;
BEELS 2-2012, f. & cert. ef. 5-10-12; BEELS 6-2013, f. & cert. ef. 9-11-13;
BEELS 7-2013(Temp); f. & cert. ef. 11-12-13 thru 5-9-14; BEELS 10-2013(Temp),
f. & cert. ef. 12-5-13 thru 3-14-14; BEELS 2-2014, f. & cert. ef. 2-26-14;
BEELS 2-2015, f. & cert. ef. 5-21-15; Renumbered from 820-010-0621 by BEELS
7-2015, f. & cert. ef. 9-16-15
820-025-0020
Modifying Designs or Documents
(1) Documents prepared and sealed by
a Professional Engineer may be modified only when all of the following requirements
are met:
(a) Only a Professional Engineer
or Registered Architect if within the scope of practice of architecture and if competent
by education or experience, can modify designs or documents prepared and sealed
by a Professional Engineer.
(b) A Professional Engineer
shall only modify another Professional Engineer’s design or document if they
are competent by education or experience.
(c) The Professional Engineer
modifying another Professional Engineer's design or document shall cloud, encircle,
or in some other way clearly indicate the portion of the design or document they
are revising and refer the viewer to a separate design or document.
(d) The Professional Engineer
making the design revisions shall seal and sign the separate design or document.
(e) A Professional Engineer
modifying designs or documents not sealed must provide all the engineering services
that would have been required had they started the work from its origin.
(2) Professional Engineers
modifying designs or documents prepared by an unlicensed person for an exempt structure
must do the following:
(a) The Professional Engineer
modifying the design or document shall cloud, encircle, or in some other way clearly
indicate the portion of the design or document they are revising and refer the viewer
to a separate design or document.
(b) The Professional Engineer
making the design revision shall seal and sign the separate design or document.
(3) A Professional Engineer
may modify a Registered Architect’s documents as follows:
(a) The Professional Engineer
shall only modify a Registered Architect’s documents if within the scope of
practice of engineering and if competent by education and experience.
(b) The Professional Engineer
modifying a Registered Architect’s documents shall make modifications on separate
documents that clearly indicate the portion of the Registered Architect’s
documents being modified.
(c) The Professional Engineer
modifying a Registered Architect’s documents shall seal and sign the separate
documents that provide the modifications.
Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: BEELS 1-2005, f. &
cert. ef. 3-16-05; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 2-2012, f. &
cert. ef. 5-10-12; BEELS 3-2012, f. & cert. ef. 7-13-12; BEELS 3-2014, f. &
cert. ef. 7-16-14; Renumbered from 820-010-0622 by BEELS 7-2015, f. & cert.
ef. 9-16-15
820-025-0025
Dual Stamping Documents
No more than one registrant will seal
documents unless it is clearly explained and denoted on the document by all registrants
which portion of the work each registrant prepared and for which each registrant
is responsible.
Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002
- 672.325

Hist.: BEELS 1-2004, f. &
cert. ef. 1-26-04; Renumbered from 820-010-0623 by BEELS 7-2015, f. & cert.
ef. 9-16-15

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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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