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).(g) "Code" means the Business and Professions Code.(h) "Hydrogeology" means the application of the science of geology to the study of the occurrence, distribution, quantity and movement of water below the surface of the earth, as it relates to the interrelationships of geologic materials and processes with water, with particular emphasis given to groundwater quality.Cal. Code Regs. Tit. 16, § 3003
1. Amendment of subsections (a) and (e) and new subsections (i) through (m) filed 1-24-74; effective thirtieth day thereafter (Register 74, No. 4).
2. New subsection (n) filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
3. Amendment filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
4. New subsection (g) filed 1-12-88; operative 2-11-88 (Register 88, No. 3).
5. New subsection (h) and amendment of NOTE filed 7-18-94; operative 8-17-94 (Register 94, No. 29).
6. Change without regulatory effect amending subsection (a) filed 2-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 9).
7. Change without regulatory effect amending subsections (a) and (e) and NOTE filed 7-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 28).
8. Change without regulatory effect amending subsection (a) filed 2-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 8).
9. Amendment of subsections (b) and (e) and amendment of NOTE filed 11-13-2014; operative 1-1-2015 (Register 2014, No. 46). Note: Authority cited: Section 7818, Business and Professions Code. Reference: Sections 7800, 7801, 7802, 7802.1, 7803, 7803.1, 7804, 7804.1, 7822, 7841 and 7841.1, Business and Professions Code.
1. Amendment of subsections (a) and (e) and new subsections (i) through (m) filed 1-24-74; effective thirtieth day thereafter (Register 74, No. 4).
2. New subsection (n) filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
3. Amendment filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
4. New subsection (g) filed 1-12-88; operative 2-11-88 (Register 88, No. 3).
5. New subsection (h) and amendment of Note filed 7-18-94; operative 8-17-94 (Register 94, No. 29).
6. Change without regulatory effect amending subsection (a) filed 2-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 9).
7. Change without regulatory effect amending subsections (a) and (e) and Note filed 7-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 28).
8. Change without regulatory effect amending subsection (a) filed 2-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 8).
9. Amendment of subsections (b) and (e) and amendment of Note filed 11-13-2014; operative 1/1/2015 (Register 2014, No. 46).