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Finding: EC 9.6710(2) establishes that a geological and geotechnical analysis can be <br /> prepared by either an Oregon licensed Engineering Geologist or an Oregon <br /> licensed Civil Engineer with geotechnical experience; the Rule describes <br /> these two professionals under the general term "Qualified Registered <br /> Professional." The Rule cannot establish standards that are more stringent <br /> than the Code. Because the Code permits either an Oregon licensed <br /> Engineering Geologist or an Oregon licensed Civil Engineer to fulfill the <br /> requirements of EC 9.6710, the Rule cannot heighten the Code requirement <br /> by requiring a Registered Professional Engineer to perform certain functions <br /> and by requiring applicants to retain a certified Engineering Geologist to <br /> assist with other functions. No change is being made to this provision as a <br /> result of this comment. <br /> Comment 16: R-9.6710-J. The Administrative Rule is unclear regarding the City's process <br /> for approving other professionals that can verify subsurface conditions during <br /> the construction phase for projects requiring a Leve13 analysis. <br /> Finding: R-9.6710-J has been deleted. <br /> Comment 17: R-9.6710-J. It is unclear who is allowed to retain the construction <br /> verification service. <br /> Finding: R-9.6710-J has been deleted. <br /> Comment 18: R-9.6710-J. The Administrative Rule does not provide a procedure for <br /> reporting discrepancies. <br /> Finding: R-9.6710-J has been deleted. <br /> Comment 19: Will there be a final report required on the earthwork related construction <br /> when it is completed? <br /> Finding: Final reports are controlled by the permitting agencies and not a requirement <br /> of land use approval. The Rule is adopted pursuant to EC 9.6710, a land use <br /> approval criteria. It is the professional's responsibility to guide and direct the <br /> developer in what is necessary to obtain a construction permit and construct <br /> a safe and structurally sound facility. Public improvement permitting and <br /> construction procedures are outlined in the City's Public Improvement <br /> Design Standards Manual. <br /> Comment 20: Appendix A. Expressing concern about the minimum number of test holes <br /> recommended in the Appendix. <br /> Finding: Rule R-9.6710, Appendix A has been revised to reduce the minimum number <br /> of recommended test holes for land divisions. <br /> Comment Z1: The establishment of these standards creates a legal precedent for practice in <br /> a field that relies a great deal on experience and judgment, and therefore <br /> markedly increases the potential for litigation involving the practicing <br /> professional and the City of Eugene. <br /> <br /> Administrative Order - 4 <br /> R:WDM INORD\RULES\03geotech2ao.wpd(03/26/03) <br /> <br />