Defining the Practice of GIS

Keynote Presentation

• History of the NCEES Model Law and how it affected the practice of GIS

• Evolution of the Model Law

• Developing Competency Standards to satisfy Surveyors concerns of accountability and professional practice

• Allied professional organizations efforts to modify the NCEES Model Law

• The Oregon Story – The work of the grass roots group to find a workable solution

• The Legislative and Administrative Process of defining the practice of GIS, the practice of Photogrammetry, and the practice of Surveying

The Issues• The presentation will describe what Oregon did. The process

might need to be different in your case. This is what worked in Oregon.

• The “is it Surveying” questions have to be answered in West Virginia. The task force in Oregon made up of Surveyors, Photogrammetrists, and GIS professionals did their job and the rules there are now set.

• And, after years of negotiation and countless hours of work, the NCEES Model Law & Rules are set.

• The issues are how can GIS, Surveying, and Photogrammetry all co-exist, understand what the others do, and practice side by side using the same technologies.

• … and develop a set of criteria that defines the professional practice of each, relative to the others.

After 13 months of negotiation, representatives from five Surveyor and two GIS professional organizations reached agreement on the legal responsibilities of professional surveyors with respect to GIS.

18 months later, the NCEES officially changed its Model Law accordingly.

In order to implement these changes, each state needs to modify its own laws regulating professional licensure of surveyors.

What is NCEES?• National Council of Examiners for Engineers and Surveyors

• Coordinates information exchange among the jurisdictions (states and territories) on licensing issues

• No statutory authority at NCEES level. Each jurisdiction is autonomous – approximately 65 individual licensing Boards

• NCEES Model Law is just that – a “model”

• Model Rules provide guidance to Boards (even without Model Law language)

• NCEES also creates the common examinations used by most jurisdictions

• Headquartered at Clemson – South Carolina

Turf Battle…or Concern for Public Health, Safety, & Welfare?

Surveyors don't want GIS maps to be mis-used to determine location

This isn't an issue of accuracy, its about legal authority to protect the public's health and welfare

Remedy: Surveyor's believed that their supervision is appropriate in the absence of any other Professional Authority

Turf Battle…or Concern for Public Health, Safety, & Welfare?

THE PROBLEM: Improper Use of GIS Data by Public Officials

Use of GIS Basemap to Determine Locations

Lack of Awareness of GIS Basemap Quality:AccuracyCurrencyData Source Method of CompilationMaps without METADATA

Lack of Explicit GIS Basemap Reference to Data Sources

Surveying.……Meets……..GIS

Mapping traditionally done by Surveyors

High skill and knowledge of measurement and error adjustment

GIS maps typically have low accuracy, little control, subject to inappropriate usage

Health, Safety, & Welfare of public in danger from misuse of GIS or bad GIS data

GIS Professionals are practicing survey/mapping without a license

Surveyor's professional codes overreach by including all manner of mapping, regardless of purpose or use of GIS

No distinction between original measurement documentation and representational, referential spatial diagrams

Criteria needed to distinguish Survey from other mapping

"Surveyors' Full Employment Act"

PROCESS Toward RESOLUTIONWorkshops & Presentations to Professional

GroupsMultiple Professional Associations' Task Force

Teleconference Negotiation / Resolution Meetings

(over 30 work sessions in one year)

Advocacy to Change NCEES Model Law & Current State Laws

On-Line eForumA Structured OutlineComments by Collaborative MembersOptional eMail "push"

ASPRS-organizedGIS / Surveyor Task Force

ASPRS – Photogrammetry & Remote Sensing

MAPPS – Photogrammetry & MappingACSM – Survey & MappingASCE – Civil EngineersNSPS – Professional SurveyorsURISA – GIS ProfessionalsNSGIC – State GIS Councils

This Was Their Best Effort

13 Months of Negotiation, listening to each other, acknowledging and understanding

32 Task Force sessions

650 Hours of professional effort

Task Force History

1995 - NCEES Modifies Model Law to Include Photogrammetry and GIS/LIS

1996 - Concerns Raised/Letters Written by ASPRS, MAPPS, ASCE. Discussion at Winter NCEES Meeting

1997 - Five Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE)

1997 - Task Force Begins to Address Photogrammetric Issues

1998 - First Task Force Report to NCEES

Task Force History ( cont.)

1998 - NCEES Modifies Model Law to Include Savings Clause (Grandfather Language) per Task Force Recommendation

1999 - NCEES Modifies Model Law to Address Issues Related to Reciprocity/Comity and Ease of Mobility

1999 - Three GIS Organizations Invited to Participate in Extension of Task Force to Address GIS/LIS Issues(URISA, NSGIC, UCGIS)

1999 - 2000 - Task Force Addresses GIS/LIS Issues

Current NCEES Model Law and Model Rules (August 2003)

NCEES.ORGNCEES.ORGhttp://www.ncees.org/introduction/about_ncees

Model LawModel Lawhttp://www.ncees.org/introduction/about_ncees/ncees_model_law.pdfhttp://www.ncees.org/introduction/about_ncees/ncees_model_law.pdf pages 3 - 5

  Model RulesModel Rules

http://www.ncees.org/introduction/about_ncees/ncees_model_rules.pdfhttp://www.ncees.org/introduction/about_ncees/ncees_model_rules.pdf pages 1 - 4

USAGE Should Determine When GIS Needs Surveyor Supervision

Surveyor Supervision for:

Determining Property BoundariesEngineering Design Location of Fixed Works

Locating Elevation Contours or Shape of the Earth for Engineering Design, Land Development, etc.

Creating Survey Control InformationDetermining and Certifying Basemap Accuracy

Non-Survey Responsibilities include:

Infrastructure Inventory and MaintenancePlanning and Analysis

Environmental ManagementSocial, Demographic, Economic, Tax Maps

Guides, Educational, Advertising maps

Future Directions

GIS Professionals have developed their own Professional Certification

GIS Certification Institutewww.GISCI.org

GIS Professionals should educate GIS Users about the limitations of GIS data and products

GIS Professionals need to improve GIS maps:Explicit References to Data SourcesAdequate Metadata, based upon FGDC StandardResponsible Accuracy Assessment conducted by Licensed Surveyors

Licensure vs. Certification

Licensure

• Mandatory• Jurisdiction Control• Protect Public• “Minimum” Competence• Exam Mandatory• State Legislatures Establish• State Boards Administer

Certification

• Voluntary• Peer Control• Personal and Professional Development• Relative Expertise• Exam Sometimes Required (ASPRS)• ASPRS or GISCI Establish• ASPRS or GISCI Administer

NCEES Model Rules• Available at:

http://www.ncees.org/introduction/about_ncees/ncees_model_rules.pdf

• Section 210.25 - Inclusions and Exclusions of Surveying Practice

• Reflects the work of the Multi-Organizational Task Force (MOTF)

• Oregon legislation and processes based on the Model Rules—see the OSBEELS checklist

• Model Rules may be applied when jurisdiction has yet to implement the Model Law—i.e., New York (Frankenfeld case)

The Oregon Story

In Oregon we created a new partnership involving 3+

professions.Developed and adopted a standard GIS data/product

disclaimer

Adopted a state plan for GIS certification

Created legislation that updated the definition of surveying

Time Frame Summary

2001 – Started

2005 – Passed Legislation

Time Line Started Spring 2001

PLSO presented legislation to “clarify” survey law. In committee it became apparent that surveyors, GIS

professionals and photogrammetrists had lots to work out before any legislation could be proposed.

Task Force Created Summer/Fall 2001GIS, Survey, & Photogrammetry professionals

Time Line2001 – 2002 Task Force Starts

Spent a long time getting all the issues on the table

Worked on definitions for professions

Reviewed many examples and looked for common solutions

Defined why this is important (protect the public)

Focused on process, not technology

Time Line2002 Task Force Decided….

Professionals must protect the public where possible when delivering GIS data & products

The GIS profession needs to be defined much betterand professionals should be licensed or certified

Started to look at recommendations forinclusions/exclusions for surveying in NCEES Model

Law

Time Line2002/2003 Made

RecommendationsGIS data and products need a clear disclaimer

GIS professionals should at a minimum be certified

We should change state law to reflect national model law

Legislation will require more time to develop (skip 2003 legislative session)

Time Line2003-2004 First Phase

Implementation

OGIC developed and adopted standard disclaimer language

OGIC developed and adopted a certification plan

OGIC - “Oregon Geographic Information Council”

www.oregon.gov/DAS/IRMD/GEO

Time Line2003-2005 Activities (Education)

Task force members made many presentations The tone of questions & presentations changed!

Jim Plasker visited to help us understand inclusions/exclusions

NCEES was also working on issues.Jim answered questions from everyone,

like “WHAT DOES AUTHORITATIVE MEAN ? ”

Authoritative Locations Require a Survey

Zoning map is authoritative statement about what can be done on either side of a

boundary

…not about the location of the boundary itself

Time LineSpring 2004 –Photogrammetrists

All photogrammetrists in Oregon met and agreed to a process to become licensed at Spring GIS-In-Action Conference

ASPRS members were working on a test

Time Line2004-2005 - Legislation

Task Force crafted legislation

OSBEELS submitted legislationState License Board for Survey/Engineering

PLSO Lobbyist helped pass it Professional Land Surveyors of Oregon

Many close calls averted by task force members

We made several modifications

THE TASK FORCE

Photogrammetrists (ASPRS)

Cartographers (Assessor Tax Map)

County Surveyors (OACES)

Local GIS Professionals (OGISA)

State GIS Professionals (OGIC)

Private Surveyors (PLSO)

GIS Professionals (URISA)

National Folks (ASPRS/NCEES)

Others

Geologists

Foresters

L.O.C

A.O.C

Etc…

Observations and Surprises

Commitment of task force members & participating organizationsIllogical legislative processYour legislation can be impacted by anything!

Even a friend of a friendYou never have “EVERYONE” on board

LOC, Geologists, One surveyor, One legislatorIf you leave somebody out you are done!Dissenters can be managed

Must be dealt with by own professionals

Success Factors

Trust & Partnerships

Active participation by many

Perseverance (It took 4 Years!)

We made recommendations & then took action

Did it the OREGON WAY

We are a small community with good history

Success Factors

We documented concerns & addressed them (Protect the Public)And kept referring back to them

Made incremental progress

Did not re-invent the wheel (Model Law)

Active support from a Lobbyist – Surveyors have to self-educate

Active support from OSBEELS, ASPRS, OACES, OGIC, URISA, PLSO, etc…

Changes in the GIS CommunityMore awareness of distinctions between GIS and Surveying

More attention paid to potential for crossing the line with data collection

Disclaimers used more extensively to say GIS map is not authoritative

GIS Certification is becoming prevalent

GIS Community is policing itself – no surveying without a license

Surveyors directly involved in developing statewide base data

OSBEELS Questionnaire (sample)Is it Surveying within the new definition of ORS 672?

1. Does it provide or offer to provide professional services thatapply mathematics, geodesy and other sciences and involve the making ofgeometric measurements and gathering of related information pertainingto the physical or legal features of the earth?

2 Does it provide or offer to provide professional services thatapply mathematics, geodesy and other sciences and involve the making ofgeometric measurements and gathering of related information pertainingto improvements on the earth?

Is the act exempt from regulation under Oregon law?

1. Did the person maintain or transcribe existing georeferenced data into aGIS or LIS format by manual or electronic means and the data areclearly not intended to indicate the authoritative location of property

boundaries, the precise shape or contour of the earth or the precise location of

fixed works of humans?

2. Did the person perform activities under ORS 306.125 or 308.245involving transcribing tax maps, zoning maps or other public datarecords into GIs or LIS formatted cadastre and maintain that cadastrewhere the data are not modified for other than geographical purposesand the data are clearly not intended to authoritatively represent propertyboundaries?

OSBEELS Questionnaire (sample)