S.B. 169

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PROFESSIONAL ENGINEERS AND LAND
2 SURVEYORS LICENSING AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig L. Taylor
6 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; EXEMPTING A
7 GEOLOGIST PERFORMING GEOLOGIC SERVICE OR WORK FROM THE LICENSING
8 REQUIREMENTS OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS; AND
9 DEFINING TERMS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 58-22-102, as last amended by Chapter 259, Laws of Utah 1996
13 58-22-305, as repealed and reenacted by Chapter 259, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 58-22-102 is amended to read:
16 58-22-102. Definitions.
17 In addition to the definitions in Section 58-1-102, as used in this chapter:
18 (1) "Board" means the Professional Engineers and Professional Land Surveyors Licensing
19 Board created in Section 58-22-201.
20 (2) "Building" means a structure which has human occupancy or habitation as its principal
21 purpose, and includes the structural, mechanical, and electrical systems, utility services, and other
22 facilities required for the building, and is otherwise governed by the codes adopted under Title 58,
23 Chapter 56, Uniform Building Standards Act.
24 (3) "Complete construction plans" means a final set of plans, specifications, and reports
25 for a building or structure that normally includes:
26 (a) floor plans;
27 (b) elevations;

1 (c) site plans;
2 (d) foundation, structural, and framing detail;
3 (e) electrical, mechanical, and plumbing design;
4 (f) information required by the energy code;
5 (g) specifications and related calculations as appropriate; and
6 (h) all other documents required to obtain a building permit.
7 (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation Board
8 for Engineering and Technology.
9 (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
10 Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
11 (6) "Geologist" means a person who is a graduate of an accredited institution of higher
12 learning who has successfully completed a minimum of 30 semester or 45 quarter hours of
13 coursework in geology.
14 (7) "Geologist's seal" means the seal a geologist affixes to maps, drawings, plans,
15 specifications, plats, and other similar documents required by law or otherwise.
16 (8) "Geology" means:
17 (a) the science which treats of the earth in general, the earth's processes, and its history;
18 (b) investigation of the earth's crust and the rocks and other materials which compose it;
19 and
20 (c) the applied science of utilizing knowledge of the earth's history, processes, constituent
21 rocks, minerals, liquids, gases, measurements, volumes, and other materials for the use of
22 mankind.
23 [(6)] (9) "NCEES" means the National Council of Examiners for Engineering and
24 Surveying.
25 [(7)] (10) "Principal" means a licensed professional engineer, professional structural
26 engineer, or professional land surveyor having responsible charge of an organization's professional
27 engineering, professional structural engineering, or professional land surveying practice.
28 [(8)] (11) "Professional engineer" means a person licensed under this chapter as a
29 professional engineer.
30 [(9)] (12) "Professional engineering or the practice of engineering" means any service or
31 creative work, the adequate performance of which requires engineering education, training, and

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1 experience in the application of special knowledge of the mathematical, physical, and engineering
2 sciences to such services or creative work as consultation, investigation, evaluation, planning,
3 design, and design coordination of engineering works and systems, planning the use of land and
4 water, facility programming, performing engineering surveys and studies, and the review of
5 construction for the purpose of monitoring compliance with drawings and specifications; any of
6 which embraces such services or work, either public or private, in connection with any utilities,
7 structures, buildings, machines, equipment, processes, work systems, projects, and industrial or
8 consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal
9 nature, and including such other professional services as may be necessary to the planning,
10 progress, and completion of any engineering services, provided that the practice of professional
11 engineering shall not include the practice of architecture as defined in 58-3a-102, but a licensed
12 professional engineer may perform such architecture work as is incidental to the practice of
13 engineering.
14 [(10)] (13) "Professional engineering intern" means a person who has completed the
15 education requirements to become a professional engineer, has passed the fundamentals of
16 engineering examination, and is engaged in obtaining the four years of qualifying experience for
17 licensure under the direct supervision of a licensed professional engineer.
18 [(11)] (14) "Professional land surveying or the practice of land surveying" means any
19 service or work, the adequate performance of which requires the application of special knowledge
20 of the principles of mathematics, the related physical and applied sciences, and the relevant
21 requirements of law for adequate evidence to the act of measuring and locating lines, angles,
22 elevations, natural and man-made features in the air, on the surface of the earth, within
23 underground workings, and on the beds of bodies of water for the purpose of determining areas
24 and volumes, for the monumenting or locating property boundaries or points controlling
25 boundaries, and for the platting and layout of lands and subdivisions thereof, including the
26 topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
27 record plats, field notes records, and property descriptions that represent these surveys and such
28 other duties as sound surveying practices could direct.
29 [(12)] (15) "Professional land surveyor" means an individual licensed under this chapter
30 as a professional land surveyor.
31 [(13)] (16) "Professional structural engineer" means a person licensed under this chapter

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1 as a professional structural engineer.
2 [(14)] (17) "Professional structural engineering or the practice of structural engineering"
3 means the design and analysis of complex buildings and structures and includes the definition of
4 professional engineering or the practice of engineering provided in Subsection (9), and may be
5 further defined by rule by the division in collaboration with the board.
6 [(15)] (18) "Structure" means that which is built or constructed, an edifice or building of
7 any kind, or any piece of work artificially built up or composed of parts joined together in some
8 definite manner, and as otherwise governed by the codes adopted under Title 58, Chapter 56,
9 Uniform Building Standards Act.
10 [(16)] (19) " Supervision of an employee, subordinate, associate, or drafter of a licensee"
11 means that a licensed professional engineer, professional structural engineer, or professional land
12 surveyor is responsible for and personally reviews, corrects when necessary, and approves work
13 performed by any employee, subordinate, associate, or drafter under the direction of the licensee,
14 and may be further defined by rule by the division in collaboration with the board.
15 [(17)] (20) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
16 Board for Engineering and Technology.
17 [(18)] (21) "Unlawful conduct" is defined in Sections 58-1-501 and 58-22-501.
18 [(19)] (22) "Unprofessional conduct" as defined in Section 58-1-501 may be further
19 defined by rule by the division in collaboration with the board.
20 Section 2. Section 58-22-305 is amended to read:
21 58-22-305. Exemption from licensure.
22 (1) In addition to the exemptions from licensure in Section 58-1-307, the following may
23 engage in the stated limited acts or practices without being licensed under this chapter:
24 (a) a person offering to render professional engineering, professional structural
25 engineering, or professional land surveying services in this state when not licensed under this
26 chapter if the person:
27 (i) holds a current and valid professional engineer, professional structural engineer, or
28 professional land surveyor license issued by a licensing authority recognized by rule by the
29 division in collaboration with the board;
30 (ii) discloses in writing to the potential client the fact that the professional engineer,
31 professional structural engineer, or professional land surveyor:

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1 (A) is not licensed in the state;
2 (B) may not provide professional engineering, professional structural engineering, or
3 professional land surveying services in the state until licensed in the state; and
4 (C) that such condition may cause a delay in the ability of the professional engineer,
5 professional structural engineer, or professional land surveyor to provide licensed services in the
6 state;
7 (iii) notifies the division in writing of his intent to offer to render professional engineering,
8 professional structural engineering, or professional land surveying services in the state; and
9 (iv) does not provide professional engineering, professional structural engineering, or
10 professional land surveying services, or engage in the practice of professional engineering,
11 professional structural engineering, or professional land surveying in this state until licensed to do
12 so;
13 (b) a person preparing a plan and specification for a one-, two-, three-, or four-family
14 residence not exceeding two stories in height, exclusive of basement;
15 (c) a person licensed to practice architecture under Title 58, Chapter 3a, [Architecture]
16 Architects Licensing Act, performing architecture acts or incidental engineering or structural
17 engineering practices that do not exceed the scope of the education and training of the person
18 performing engineering or structural engineering;
19 (d) a geologist performing geologic service or work, including the affixing of a geologist's
20 seal;
21 [(d)] (e) unlicensed employees, subordinates, associates, or drafters of a person licensed
22 under this chapter while preparing plans, maps, sketches, drawings, documents, specifications,
23 plats, and reports under the supervision of a professional engineer, professional structural engineer,
24 or professional land surveyor;
25 [(e)] (f) a person preparing a plan or specification for, or supervising the alteration of or
26 repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
27 elements of a building are not changed, such as foundations, beams, columns, and structural slabs,
28 joists, bearing walls, and trusses;
29 [(f)] (g) an employee of a communications, utility, railroad, mining, petroleum, or
30 manufacturing company, or an affiliate of such a company, if the professional engineering or
31 professional structural engineering work is performed solely in connection with the products or

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1 systems of the company and is not offered directly to the public; and
2 [(g)] (h) an organization engaged in the practice of professional engineering, structural
3 engineering, or professional land surveying, provided that:
4 (i) the organization employs a principal; and
5 (ii) all individuals employed by the organization, who are engaged in the practice of
6 professional engineering, structural engineering, or land surveying, are licensed or exempt from
7 licensure under this chapter.
8 (2) Nothing in this section shall be construed to restrict a draftsman from preparing plans
9 for a client under the exemption provided in Subsection (1)(b) or taking those plans to a
10 professional engineer for his review, approval, and subsequent fixing of the engineer's seal to that
11 set of plans if they meet the building code standards.




Legislative Review Note
as of 2-13-97 6:12 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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