The North Carolina Bulletin

Inside this Issue

The Newsletter of the North Carolina Board of Examiners for Engineers and Surveyors

The

North Carolina Bulletin

November 2023 Fall Issue

Ethics ......................................... 2

CPC Rule Changes ............................. 3

Renewals for 2024 ............................. 3

Protecting First Responders ....................4

Departing Member Dinner..................... 6

New Board Member ........................... 7

Exam Changes 2024 ........................... 7

Board Actions ................................. 8

Member Notes ................................12

The North Carolina Bulletin over the years has included many

articles written that discuss Ethics in our profession. The articles

were written by past Board members including Linda Thurman

2018, Glenn Haynes 2011, Teresa Helmlinger Ratcli 2010, George

Freeman 2006, and others. In addition, the North Carolina Board

Sta continues to provide training on Ethics in programs oered to

licensees throughout the year. When you look over the Disciplinary

Actions found in the Bulletin you nd that the Board Action often

includes a requirement that the licensee take an Ethics course (the

Board has often heard from disciplined licensees that have taken

the Ethics course that the course is challenging and very good in

content). At a recent National Council of Examiners for Engineering

and Surveying (NCEES) annual meeting, which was attended by

Board members from throughout the United States, two of the

program sessions included Ethics.

The North Carolina Board believes Ethics are very important and

has recently revised the continuing professional competency rules,

eective as of the 2024 license renewal, that licensees will need

at least 1 (one) Professional Development Hour (PDH) in Ethics or

Rules of Professional Conduct.

So, what are Ethics? Are Morals and Ethics the same thing? Ethics

refer to rules provided by an external source, Morals refer to an

individual’s own principles regarding right and wrong. The Rules

of Professional Conduct NCAC 56.0701 is a good place to start for

professional engineers and surveyors to understand their Ethical

obligations. Every licensee is encouraged to read the complete

Rules. The main headings in the Rules include:

(a) The rules are binding upon every person holding a certicate

of licensure.

(b) Conduct the practice in order to protect the public health,

safety, and welfare.

(d) Issue public statements only in an objective and truthful

manner.

(e) Avoid conicts of interest.

(f) Solicit or accept work only on the basis of qualications.

(g) Perform services in an ethical and lawful manner.

(h) A licensee who has received a disciplinary action by another

jurisdiction is subject to discipline by the North Carolina Board.

How does a licensee know if a situation and an action are ethically

right or wrong? One action is to communicate between all those

involved. Often the Board has found that an action by the licensee

was done without any communication or there has been poor

communication that has resulted in misunderstanding of the intent

by both parties.

Sometimes it seems that an ethical situation could have been

avoided if the licensee had asked another licensee for their opinion

on how to handle a situation. We are a self-regulating organization

that holds each other to high Ethical Standards. Although engineers

and surveyors are sometimes said not to be the most extroverted

people, we are really dependent on others for the quality of our

work and depend on the ties of our peers in the profession to

maintain and strengthen our professional Ethics. These professional

ties may include others where we work, members we associate

with in one of the professional organizations or in community

service organization we participate in. All of these are invaluable to

strengthen and maintain our Ethics.

The Board sta is always available to discuss an Ethical situation.

We should remember that the Board sta is a great resource that

licensees should take advantage of. As many of you know, David

Tuttle, board counsel for many years, has recently retired and has

taught endless classes on Ethics throughout his career. Fortunately,

David has agreed to continue to support the Board’s outreach

program and oer Ethics training to our licensees. In addition to

David’s outreach eorts, Mike Benton, emeritus member of the

North Carolina Board, is also providing Ethics programs throughout

the state.

Ethics are a way of living. It requires us to be truthful, fair and

honest. Ethics are paramount in our profession to protect public

safety, health and welfare.

ETHICS

By Dennis K. Hoyle, PE, PLS

The

North Carolina Bulletin

Published to provide news and information

regarding statutory and regulatory changes

and to promote a better understanding of the

practices of engineering and land surveying in

the State of North Carolina.

Board Oce

4601 Six Forks Road, Suite 310

Raleigh, NC 27609

Telephone

(919) 791-2000

Website www.ncbels.org

Andrew L. Ritter Executive Director

Board Members – 2023

Dennis K. Hoyle, PE, PLS Chair

Cedric D. Fairbanks, PhD, PE Vice Chair

Brenda L. Moore, PE Secretary

Jonathan S. Care, Public

Toynia E.S. Gibbs, PLS

Vinod K. Goel, PhD, PE

John M. Logsdon, PLS

Carol W. Salloum, Public

Andrew G. Zoutewelle, PLS

Committee Chairs – 2023

Vinod K. Goel, PhD, PE Engineering

Carol W. Salloum CPC

John M. Logsdon, PLS Surveying

Editing and Design

Nicole Scarborough Editor / Content Manager

Angela’s Graphx Graphic Design

Renewals for 2024

The 2024 license renewal window opens on December 1, 2023.

The Board no longer mails paper license renewal forms. The Board will e-mail

your 2024 renewal notice on December 1, 2023, to the e-mail you have listed

in the NCBELS Licensee Portal.

The Board will send multiple Constant Contact e-mail notices during the

renewal process to notify you to renew. Please be sure your e-mail address is

up to date. You can make changes to your e-mail through the Licensee Portal

on the Board’s web site (www.ncbels.org).

Licensees can renew their PE and PLS licenses online and pay by credit card or

complete the renewal online and select the pay by check option. If you use the

pay by check option, the renewal is not complete until payment is processed

by the Board.

For questions about license renewals, please contact Stephanie Bryant

([email protected]).

CPC Rule Changes

Eective as of the 2024 license renewal (license renewal opens on

December 1, 2023), licensees will need at least 1 Professional Development

Hour (PDH) in Ethics or Rules of Professional Conduct. The course or

activity must contain content areas concerning:

• the awareness of ethical concerns and conicts;

• an enhanced familiarity with codes of conduct;

• an understanding of standards of practice or care;

• project management and risk-assessment management; or

• other similar topics aimed at maintaining, improving, or

expanding the skill sets and knowledge relevant to conducting

the practice of the profession so as to protect the health, safety,

and welfare of the public.

In addition, Professional Land Surveyors will need to obtain 1 PDH in the

Standards of Practice for Land Surveying. The course or activity must

contain content areas related to Standards of Practice for Land Surveying

in Section .1600 of the Board Rules.

Additionally, a revision to Board Rule .1705(f) now allows for licensees

to earn up to 2 PDHs annually for active participation in accrediting

organizations in addition to professional or technical societies. This credit

is limited to 2 PDHs per society or organization and it requires that a

licensee serve as an ocer or participate in a committee or accreditation

visits. PDH credits are not earned until the end of each year of service is

completed.

The Rules now also allow for credit to be earned for active participation in

educational outreach activities pertaining to professional licensure or the

surveying/engineering professions that involve K–12 or higher education

students. Licensees are limited to claiming up to 3 PDHs annually for this

activity.

Compliance with the Continuing Professional Competency (CPC)

requirements is determined through the random CPC audit process.

Additional information about the CPC requirements can be found on

the Board’s website on the Continuing Education page to include FAQs.

Licensees with questions about the requirements should contact Martha

Michalowski at [email protected].

It’s fall in the Carolinas, and hurricane season is waning. As summer

transitioned into fall and the leaves began to turn, many of us

prepared for the upcoming storms. For most of us, stocking up

on ashlight batteries was the reasonable level of preparedness

and, for some, generators and plywood and evacuation plans

were in order. However, there was yet another group improving

their preparedness for the storms. They readied their gear, trained,

scheduled their availability for deployment and communicated

with their employers and clients about potential unscheduled

absences from their practices. They are your Professional Engineer

colleagues who serve as Emergency Response Engineers and

Structures Specialists locally and throughout the state.

These Professional Engineers (PE) embed within rst responders

and Urban Search And Rescue (USAR) task forces to provide

engineering consultation during incident response and disaster

deployments.

Initially, years ago, Structures Specialists (StS) within USAR task

forces were tasked with performing structural assessments during

structural collapse rescue and recovery operations with duties

including estimating number of potential victims, areas of potential

survivability, structural hazard identication and mitigation, and

providing structural redundancy through shoring of damaged

structural components. StS also assessed bridges post-earthquake

and post-ooding to assist in the logistics for USAR operations

in moving into and through disaster areas. StS role later grew

to include the use of GPS and “hasty” assessments of structures

for wide area search and rescue, such as in a post-hurricane

response. During earthquake response, slope failure, or dam failure,

which often is a huge threat to public safety post-hurricane, a

geotechnical component to the StS role was incorporated, and in

one case hydrology through estimating the times of peak ooding

for planning emergency response has also been part of the StS role.

As local re departments and state emergency managers

comprised many of the USAR task force leadership, they began

incorporating PEs into their local responses. The PEs role when

embedded within local response has grown as command learned

that PEs are, at their core, are problem solvers. As an Emergency

Response Engineer, they respond to local incidents with an even

broader role including building explosion collapse, excavation and

trench collapses, retaining wall collapse, drowning victim recovery,

crane collapse, trapped rst responder rescues, and post-re victim

recovery when the structure’s integrity has been compromised.

Protecting First Responders

By George D. (Donnie) Barrier, PE

Cherylyn Henry, PE (rst row right in orange) and David Goodman, PE (back

center in orange) before demobilization of NC TF-3 from deployment to

Hurricane Florence 28SEP18 (image courtesy of Charlotte Fire Department,

NC TF-3, and NC Department of Public Safety Division of Emergency

Management).

Chris Bathgate, PE inspecting a tower crane at Southpark re 23MAY23

(image courtesy of Charlotte Fire Department, NC TF-3, and NC DPS DEM).

continued on next page

In both cases, whether on a local response or a task force deployment,

the PE reports to the Incident Commander or Task Force Leader.

They make the command decisions, with the PE lling a consultant

role. The PEs perform the task assigned utilizing their experience,

expertise and engineering judgement. The Incident Commanders

and Task Force Leaders then, based on the PE’s recommendations,

direct the operations.

The PEs are essentially volunteers, training on their own time, and at

times at their volition and at their own expense. A nominal stipend

is paid as a State of NC employee under the NC Department of

Public Safety Division of Emergency Management during the PEs

actual response and deployment time. This is intended to aord the

PE workers’ compensation and professional liability coverage while

on duty, which extends liability mitigation beyond that allowed

by “Good Samaritan” legislation. They receive highly specialized

training that builds upon their technical expertise and engineering

judgement potential. The fundamental training or StS1 is sponsored

by FEMA and The Army Corps of Engineers (USACE) and is held

for a week in October at Moett Field, CA. There are additional

opportunities for training, such as the advanced training or StS2,

held for a week in May, also in CA. Then, there is regional training

held thrice annually at various locations throughout the US. These

training expenses are typically reimbursed by the North Carolina

Department of Health and Human Services Oce of Emergency

Medical Services. In addition, the NC cadre of Rescue Response

Engineers hold an annual or biannual training at various locations

on Saturdays in the summer and winter, annual or biannual

depends on the deployment load. This training is also sponsored

by the NCOEM, the hosting task force and local re department.

To those PEs who serve as Emergency Response Engineers and

Structures Specialists, this is the apex of their engineering careers.

Yes, we as PEs are duty bound to protect the public health and

safety, but rarely do we get the chance to have such a direct,

immediate, and profound consequence of our servitude. Yes, you

start out working outside of your comfort zone in which you have

been programmed to operate, and you have to make judgement

decisions on what at rst may appear to be a chaotic system,

well beyond the “elastic zone”, with what information you have to

work with in hand, but that is understood by all the highly trained

rescue professionals you serve with, and you will employ sound

judgement, intuition and experience when it is desperately needed.

Yes, it is a commitment for your time and personal safety, but with

your training and experience when working with consummate

highly trained professionals in the re service, the time is cherished

and the risk is acceptable, managed in the company of the best of

the best.

If you are interested in applying your talents, experience, and desire

to serve the greater good, this is an opportunity to do so. There are

other opportunities, more post-disaster in nature, such as a second

responder performing damage assessments through NCSEA’s

Structural Engineering Emergency Response (SEER) program, to

determine whether buildings in the post-disaster environment are

adequate for re-occupancy. If either opportunity is something you

would like to explore further, feel free to contact the author of this

article.

George D. (Donnie) Barrier, PE

[email protected].com

continued from previous page

Cherylyn Henry, PE (rst row right in orange) and David Goodman, PE (back

center in orange) before demobilization of NC TF-3 from deployment to

Hurricane Florence 28SEP18 (image courtesy of Charlotte Fire Department,

NC TF-3, and NC Department of Public Safety Division of Emergency

Management)]

BOARD HONORS DEPARTING MEMBERS

Dennis Hoyle and Mike Benton

is past spring, the Board held a Farwell Celebration for Richard “Mike” Benton, PLS.

Also honored was David S. Tuttle on his retirement.

In addition to the honorees, those in attendance at the festivities included current Board members, Emeritus Board

members, guest Board spouses and several sta members. Memories and humorous anecdotes were shared by current

Board members and Emeritus Board members.

Mr. Benton began his term in January 2013 to fill the Board

vacancy created by the departure of J. Glenn Haynes, PLS. Mr.

Benton was re-appointed in April 2018 with his term expiring

in December 2022. Mr. Benton served as Board Chair in 2017,

Vice Chair in 2016 and Secretary in 2015. Mr. Benton was also

the Surveying Committee Chair in 2014, 2016, 2019 and 2022.

Mr. Benton spoke fondly of his Board experience and service.

Mr. Hoyle presented him with a plaque and small gift.

Dennis Hoyle and David Tuttle

David S. Tuttle, who came to work with the Board on July 1, 1994,

retired on July 31, 2023. David’s 29-year tenure was celebrated with

a luncheon at the Board oce.

Board Chair Dennis K. Hoyle, PE, PLS welcomed everyone and

voiced his appreciation for David’s years of service. The full

board presented a plaque to David to recognize his service and

dedication to the engineering and surveying professions and the

citizens of North Carolina.

David will be missed by many, especially those that frequently

called upon him as a resource to answer rules and laws questions.

The Board and sta wish David the very best in retirement.

Eective July 1, 2024, this ratied bill allows a limited right of entry for professional land surveyors in certain circumstances and to

expedite plan review and authorize at-risk construction permitting for certain commercial and multifamily building projects.

https://www.ncleg.gov/BillLookUp/2023/s677

General Assembly of North Carolina - Senate Bill 677

Wes Tripp joined the Board sta as Board Counsel on November 1, 2023. Wes is a graduate of Campbell University School of Law. He is a

cum laude graduate of the University of Tennessee. Prior to joining the Board Wes was an attorney at Young Moore Attorneys focusing

on occupational licensing boards and administrative law.

New Face at the Board

Toynia E.S. Gibbs, PLS, was appointed by Governor Roy Cooper on January 1, 2023, to ll the

vacancy created by the expiration of the term of Richard M. Benton, PLS on December 31, 2022.

Ms. Gibbs made history becoming the rst female surveyor to be appointed to the board. Her

term will expire on December 31, 2027. Toynia holds an AAS holds in Surveying Technology from

Coastal Carolina Community College and additional coarse work in Civil Engineering from NCSU.

She has been a licensed surveyor in North Carolina since January 17, 1997. She currently works as

the Survey Department Manager for the Morrisville, NC oce for ESP Associates, Inc.

Ms. Gibbs has been married to her husband Phil since 1997 and have three children together, and

currently resides in Cary.

Spring 2024 Exam Changes

Toynia E.S. Gibbs Named New NCBELS Board Member

• PE Structural — The PE Structural exam

had its last pencil-and-paper administration

in October 2023. Beginning November 1, 2023, examinees will be

able to register and schedule CBT appointments, which will be

available year-round for the Vertical and Lateral Forces breadth

sections. The exam administration for the Vertical and Lateral Forces

breadth sections will start on April 1, 2024. The April administration

will be a two-day event for the depth sections with the Vertical

Forces exam oered on Tuesday, April 16, 2024, and the Lateral

Forces exam oered on Wednesday, April 17, 2024. Examinees

may reserve their seat at a Pearson VUE test center once they are

registered with NCEES and approved by their board. Member

Boards who manually approve candidates are encouraged to

approve candidates as they register to allow them to reserve their

seat for the two-day depth section event as early as possible.

• PE Civil – The PE Civil exam will have new specications and

design standards starting in April 2024. The specications were

posted in October 2023 on the NCEES website.

• PE Control Systems – The PE Control Systems exam will be

oered October 2023 and will shift its Linear Fixed Form (LFF)

administration to the Spring. The test date is Wednesday, April 17,

2024. Registration with NCEES for this exam began on November

1, 2023. Examinees may reserve their seat at a Pearson VUE test

center once they are registered with NCEES and approved by their

board. Member Boards who manually approve candidates are

encouraged to approve candidates as they register to allow them

to reserve their seat for this single-day event as early as possible.

• PE Electrical and Computer: Electronics, Controls, and

Communications – The PE Electrical and Computer: Electronics,

Controls, and Communications exam will be oered October 2023

and will shift its Linear Fixed Form (LFF) administration to the Spring.

The test date is Wednesday, April 17, 2024. Registration with NCEES

for this exam began on November 1, 2023. Examinees may reserve

their seat at a Pearson VUE test center once they are registered with

NCEES and approved by their board. Member Boards who manually

approve candidates are encouraged to approve candidates as they

as early as possible.

• PE Fire Protection – The PE Fire Protection exam will be oered

October 2023 and will shift its Linear Fixed Form (LFF) administration

to the Spring. The test date is Tuesday, April 16, 2024. Registration

with NCEES for this exam began on November 1, 2023. Examinees

may reserve their seat at a Pearson VUE test center once they are

registered with NCEES and approved by their board. Member

Boards who manually approve candidates are encouraged to

approve candidates as they register to allow them to reserve their

seat for this single-day event as early as possible.

If you have any questions about these changes or require additional

information, please contact Jason Gamble at [email protected]g.

Toynia E.S. Gibbs, PLS

BOARD ACTIONS

CASE NO. V2021-024

Billy J. Roark, PE [027788]

Cary, NC

VIOLATION: Failed to conduct practice in order to protect the public

health, safety and welfare [.0701(b)]; failed to perform services in

an ethical and lawful manner [.0701(g)]; failed to cooperate fully

with the Board during an investigation [G.S. 89C-20]; and failed to

be completely objective and truthful in professional statements

during the investigation [.0701(d)(1)].

BOARD ACTION: Reprimand and suspend Engineering Certicate

of Licensure until proof of passing ethics course.

CASE NO. V2021-066

John W. Harris, PE [010742]

Raleigh, NC

VIOLATION: Failed to exercise adequate direct supervisory control

(responsible charge) [.0701(c)(3)]; failed to properly certify

documents by using a facsimile signature [.1103(a)(3)]; failed to

clearly indicate date of certication [.1103(a)(4)]; and failed to

include rm license number [.1103(b)(5)].

BOARD ACTION: Reprimand and $2,500 civil penalty.

CASE NO. V2021-104

K. Craig Manawes, PE [027235]

Abilene, TX

VIOLATION: Submitted false information on renewal forms

[G.S. 89C-23, .0701(d)(1)]; failed to comply with annual CPC

requirements [.1703, .1712]; failed to maintain logs and verication

records to support PDH credits [.1706]; and violated an Order of

the Board [G.S. 89C, .0701(b)].

BOARD ACTION: Reprimand, $5,000 civil penalty, suspend

Engineering Certicate of Licensure until proof of 10 additional

PDHs is furnished to the Board in addition to 15 PDHs to renew as

current and audit CPC for the next three years licensee renews as

current.

CASE NO. V2022-009

Damon S. Howard, PE [032126]

Charlotte, NC

VIOLATION: Axed seal to inadequate design documents, failing

to protect the public [.0701(b)].

BOARD ACTION: Reprimand.

CASE NO. V2022-012

Aaron E. Moore [PLS No. L-5139 – Revoked] (Combined with

V2022-020)

Wilmington, NC

VIOLATION: Failed to conduct practice in order to protect the

public health, safety and welfare [.0701(b)]; failed to perform

services in an ethical and lawful manner [.0701(g)]; axed seal

to work not done under direct supervisory control or responsible

charge [.0701(c)(3)]; failed to be completely objective and truthful

in professional statements [.0701(d)(1)] including to clients and

the Board; failed to cooperate fully with the Board in the course of

an investigation [G.S. 89C-20]; failed to conform to the Standards

of Practice for Land Surveying in North Carolina [.1600] and G.S.

47-30 Mapping Requirements; failed to properly reference north

arrow and noted an assumed bearing [.1604(d)(1), 47-30(f)(1)];

failed to make adequate investigation [.1602(a), (c)] by noting

survey based on legal description and not researching abutting

properties; failed to protect the public [.0701(b)] by improperly

limiting the surveyor’s certication; failed to properly indicate

name of owner in title of plat [.1604(d)(11), 47-30(c)(2)]; failed to

include correct name and license number of rm on documents

[.1103(a)(6), (b)(5)]; and failed to describe and date revisions

[.1103(a)(7), 47-30(c)(7)].

BOARD ACTION: Revoke Surveying Certicate of Licensure.

continued on next page

The following summaries represent actions taken by the Board. Penalties vary depending upon the specific circumstances of each case. Space

limitations preclude full reporting of all circumstances. The range of disciplinary actions includes: issuing a reprimand; suspend, refuse to renew,

refuse to reinstate, or revoke the certicate of licensure; require additional education; or, as appropriate, require reexamination; or levy a civil

penalty not in excess of $5,000 for any engineer or $2,000 for any land surveyor. Questions or requests for information concerning specic cases

should be directed to Wes Tripp, Board Counsel, at (919) 791-2000, extension 111 or via email at wtripp@ncbels.org.

continued from previous page

CASE NO. V2022-017

Mark D. Pruden [PLS No. L-3065 – Suspended]

Edenton, NC

VIOLATION: Failed to report the results of a survey as a map or report

of survey [.1602(f)]; failed to conduct practice in order to protect

the public health, safety and welfare [.0701(b)]; failed to conform

to the Standards of Practice for Land Surveying in North Carolina

[.1600] when making survey notations on a map by another PLS;

failed to properly certify document [.1103] as the work was not

certied by the PLS, it was not marked as preliminary, and it did

not contain address; performed an inaccurate or substandard

survey, failing to protect the public [.0701(b)] to include not having

an adequate tie to have established property corners [.1602(g),

.1604(d)(9)]; failed to make adequate investigation [.1602(a)];

and failed to include all relevant and pertinent information in

professional statements as to services being provided [.0701(d)].

BOARD ACTION: Suspend Surveying Certicate of Licensure for 12

months.

CASE NO. V2022-019

Jon R. Vandergrift, PE [029506]

Harrisburg, NC

VIOLATION: Axed certication to inadequate design documents,

failing to protect the public [.0701(b)] and failed to properly

certify documents to include using a facsimile signature and not

certifying work [.1103(a)(1), (3)].

BOARD ACTION: Reprimand and $3,000 civil penalty.

CASE NO. V2022-020 (Combined with V2022-012)

Aaron E. Moore [PLS No. L-5139 – Revoked]