H.B. 176

1

PROFESSIONAL ENGINEER AND LAND
2 SURVEYORS LICENSING ACT AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bradley T. Johnson
6 This act modifies the Professional Engineers and Professional Land Surveyors Licensing Act
7 by adding an exemption from licensure for employees of soil conservation districts.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 58-22-305, as repealed and reenacted by Chapter 259, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 58-22-305 is amended to read:
13 58-22-305. Exemption from licensure.
14 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following may
15 engage in the stated limited acts or practices without being licensed under this chapter:
16 (a) a person offering to render professional engineering, professional structural
17 engineering, or professional land surveying services in this state when not licensed under this
18 chapter if the person:
19 (i) holds a current and valid professional engineer, professional structural engineer, or
20 professional land surveyor license issued by a licensing authority recognized by rule by the
21 division in collaboration with the board;
22 (ii) discloses in writing to the potential client the fact that the professional engineer,
23 professional structural engineer, or professional land surveyor:
24 (A) is not licensed in the state;
25 (B) may not provide professional engineering, professional structural engineering, or
26 professional land surveying services in the state until licensed in the state; and
27 (C) that such condition may cause a delay in the ability of the professional engineer,

28 professional structural engineer, or professional land surveyor to provide licensed services in the
29 state;
30 (iii) notifies the division in writing of his intent to offer to render professional engineering,
31 professional structural engineering, or professional land surveying services in the state; and
32 (iv) does not provide professional engineering, professional structural engineering, or
33 professional land surveying services, or engage in the practice of professional engineering,
34 professional structural engineering, or professional land surveying in this state until licensed to do
35 so;
36 (b) a person preparing a plan and specification for a one-, two-, three-, or four-family
37 residence not exceeding two stories in height, exclusive of basement;
38 (c) a person licensed to practice architecture under Title 58, Chapter 3a, [Architecture]
39 Architects Licensing Act, performing architecture acts or incidental engineering or structural
40 engineering practices that do not exceed the scope of the education and training of the person
41 performing engineering or structural engineering;
42 (d) unlicensed employees, subordinates, associates, or drafters of a person licensed under
43 this chapter while preparing plans, maps, sketches, drawings, documents, specifications, plats, and
44 reports under the supervision of a professional engineer, professional structural engineer, or
45 professional land surveyor;
46 (e) a person preparing a plan or specification for, or supervising the alteration of or repair
47 to, an existing building affecting an area not exceeding 3,000 square feet when structural elements
48 of a building are not changed, such as foundations, beams, columns, and structural slabs, joists,
49 bearing walls, and trusses;
50 (f) an employee of a communications, utility, railroad, mining, petroleum, or
51 manufacturing company, or an affiliate of such a company, if the professional engineering or
52 professional structural engineering work is performed solely in connection with the products or
53 systems of the company and is not offered directly to the public; [and]
54 (g) an organization engaged in the practice of professional engineering, structural
55 engineering, or professional land surveying, provided that:
56 (i) the organization employs a principal; and
57 (ii) all individuals employed by the organization, who are engaged in the practice of
58 professional engineering, structural engineering, or land surveying, are licensed or exempt from

59 licensure under this chapter[.]; and
60 (h) an employee of a soil conservation district or the Utah Association of Conservation
61 Districts, if the engineering or surveying work is performed solely in connection with the services
62 of the district or association and the employee has the job approval authority of a licensed engineer
63 of the USDA Natural Resources Conservation Service.
64 (2) Nothing in this section shall be construed to restrict a draftsman from preparing plans
65 for a client under the exemption provided in Subsection (1)(b) or taking those plans to a
66 professional engineer for his review, approval, and subsequent fixing of the engineer's seal to that
67 set of plans if they meet the building code standards.




Legislative Review Note
as of 1-17-01 12:03 PM

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

Office of Legislative Research and General Counsel