GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-118
AN ACT TO MAKE SUBSTANTIVE CHANGES TO THE NORTH CAROLINA ENGINEERING AND LAND SURVEYING ACT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 89C-2 reads as rewritten:
"§ 89C-2. Declarations; prohibitions.
In order to safeguard life, health, and property, and to
promote the public welfare, the practice of engineering and the practice of land
surveying in this State are hereby declared to be subject to regulation in the
public interest. It shall be unlawful for any person to practice or to offer to
practice engineering or land surveying in this State, as defined in the
provisions of this Chapter, or to use in connection with his the
person's name or otherwise assume or advertise any title or description
tending to convey the impression that he the person is either a
professional engineer or a registered professional land surveyor,
unless such the person has been duly registered as such. licensed.
The right to engage in the practice of engineering or land surveying shall
be deemed is a personal right, based on the qualifications of the individual
person as evidenced by his the person's certificate of
registration, licensure, which shall not be transferable."
Section 2. G.S. 89C-3 reads as rewritten:
"§ 89C-3. Definitions.
The following definitions apply in this Chapter:
(1) Board. - The North
Carolina State Board of Registration Examiners for Professional
Engineers and Land Surveyors provided for by this Chapter.
(1a) Business firm. - A partnership, firm, association, or another organization or group that is not a corporation and is acting as a unit.
(2) Engineer. - A person who,
by reason of his special knowledge and use of the mathematical, physical
and engineering sciences and the principles and methods of engineering analysis
and design, acquired by engineering education and engineering experience, is
qualified to practice engineering.
(3) Engineer-in-training.Engineering
intern. - A person who complies with the requirements for education,
experience and character, and has passed an examination in the fundamental
engineering subjects, as provided in this Chapter.
(3a) Inactive licensee. - Licensees who are not engaged in the practice of engineering or land surveying in this State.
(4) Land
surveyor-in-training.Land surveyor intern. - A person who has
qualified for, taken, and passed an examination on the basic disciplines of
land surveying as provided in this Chapter.
(5) Person. - Any natural person, firm, partnership, corporation or other legal entity.
(6) Practice of engineering. -
a. Any service or creative work, the adequate performance of which requires engineering education, training, and experience, in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land and water, engineering surveys, and the observation of construction for the purposes of assuring compliance with drawings and specifications, including the consultation, investigation, evaluation, planning, and design for either private or public use, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services.
A person shall be construed to
practice or offer to practice engineering, within the meaning and intent of
this Chapter, who practices any branch of the profession of engineering; or
who, by verbal claim, sign, advertisement, letterhead, card, or in any other
way represents himself the person to be a professional engineer,
or through the use of some other title implies that he the person is
a professional engineer or that he the person is registered licensed
under this Chapter; or who holds himself the person out as
able to perform, or who does perform any engineering service or work not
exempted by this Chapter, or any other service designated by the practitioner
which is recognized as engineering.
b. The term 'practice of engineering' shall not be construed to permit the location, description, establishment or reestablishment of property lines or descriptions of land boundaries for conveyance. The term does not include the assessment of an underground storage tank required by applicable rules at closure or change in service unless there has been a discharge or release of the product from the tank.
(7) Practice of land surveying
by registered land surveyors.surveying. -
a. Any
service or work, the adequate performance of which involves the application of
special knowledge of the principles of mathematics, the related physical and
applied sciences, and the relevant requirements of law for adequate evidence to
the act of measuring and locating lines, angles, elevations, natural and man-made
features in the air, on the surface of the earth, within underground workings,
and on the beds of bodies of water for the purpose of determining areas and
volumes, for the monumenting of property boundaries, and for the platting and
layout of lands and subdivisions thereof, including the topography, alignment
and grades of street and incidental drainage within the subdivision, and for
the preparation and perpetuation of maps, record plats, field note records, and
property descriptions that represent these surveys. Providing
professional services such as consultation, investigation, testimony,
evaluation, planning, mapping, assembling, and interpreting reliable scientific
measurements and information relative to the location, size, shape, or physical
features of the earth, improvements on the earth, the space above the earth, or
any part of the earth, whether the gathering of information for the providing
of these services is accomplished by conventional ground measurements, by
aerial photography, by global positioning via satellites, or by a combination
of any of these methods, and the utilization and development of these facts and
interpretations into an orderly survey map, plan, report, description, or
project. The practice of land surveying includes the following:
1. Locating, relocating, establishing, laying out, or retracing any property line, easement, or boundary of any tract of land;
2. Locating, relocating, establishing, or laying out the alignment or elevation of any of the fixed works embraced within the practice of professional engineering;
3. Making any survey for the subdivision of any tract of land, including the topography, alignment and grades of streets and incidental drainage within the subdivision, and the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys;
4. Determining, by the use of the principles of land surveying, the position for any survey monument or reference point, or setting, resetting, or replacing any survey monument or reference point;
5. Determining the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics or photogrammetry;
6. Providing geodetic surveying which includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry; and
7. Creating, preparing, or modifying electronic or computerized data, including land information systems and geographic information systems relative to the performance of the practice of land surveying.
b. The term 'practice of land surveying' shall not be construed to permit the design or preparation of specifications for (i) major highways; (ii) wastewater systems; (iii) wastewater or industrial waste treatment works; (iv) pumping or lift stations; (v) water supply, treatment, or distribution systems; (vi) streets or storm sewer systems except as incidental to a subdivision.
(8) Professional engineer.
- A person who has been duly registered and licensed as a professional
engineer by the Board established by this Chapter.
(8a) Professional engineer, retired. - A person who has been duly licensed as a professional engineer by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board to be granted the use of the honorific title 'Professional Engineer, Retired'.
(9) Registered Professional
land surveyor. - A person who, by reason of his special knowledge of
mathematics, surveying principles and methods, and legal requirements which are
acquired by education and/or practical experience, is qualified to engage in
the practice of land surveying, as herein defined, as attested by his
registration the person's licensure as a registered professional
land surveyor by the Board.
(9a) Professional land surveyor, retired. - A person who has been duly licensed as a professional land surveyor by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board to be granted the use of the honorific title 'Professional Land Surveyor, Retired'.
(10) Responsible charge. - Direct control and personal supervision, either of engineering work or of land surveying, as the case may be."
Section 3. G.S. 89C-4 reads as rewritten:
"§ 89C-4.
State Board of Registration; Examiners for Engineers and Surveyors; appointment;
terms.
A State Board of Registration Examiners for Professional
Engineers and Land Surveyors, whose duty it is to administer
the provisions of this Chapter, is created. The Board shall consist of four registered
licensed professional engineers, three registered licensed
professional land surveyors and two public members, who are neither
professional engineers nor professional land surveyors. Of the land
surveyor members, one and only one may hold dual registration licenses
as a professional land surveyor and professional engineer. All of
the members shall be appointed by the Governor. Appointments of the engineer
and land surveyor members shall preferably, but not necessarily, be made from a
list of nominees submitted by the professional societies for engineers and land
surveyors in this State. Each member of the Board shall receive a certificate
of appointment from the Governor and shall file with the Secretary of State his
a written oath or affirmation for the faithful discharge of his the
duties.
Members of the Board serve for staggered five-year terms, and no member may be appointed for more than two full terms. Members serve until the expiration of their respective terms and until their respective successors are appointed. If a vacancy occurs during a term, the Governor shall appoint a successor from the same classification as the person causing the vacancy to serve for the remainder of the unexpired term. If the vacancy is not filled within 90 days after it occurs, the Board may appoint a provisional member to serve until the appointment by the Governor becomes effective. The provisional member during his tenure has all the powers and duties of a regular member."
Section 4. G.S. 89C-5 reads as rewritten:
"§ 89C-5. Board members; qualifications.
Each engineer member of the Board shall be a resident of
North Carolina and shall be a registered licensed professional
engineer engaged in the lawful practice of engineering in North Carolina for at
least six years.
Each land surveyor member of the Board shall be a resident of
North Carolina and shall be a registered licensed professional land
surveyor engaged in the lawful practice of land surveying in North Carolina for
at least six years.
Each public member of the Board shall be a resident of North Carolina."
Section 5. G.S. 89C-6 reads as rewritten:
"§ 89C-6. Compensation and expenses of Board members.
Each member of the Board, when attending to the work of the
Board or any of its committees, shall receive as compensation for his
service services the per diem and, in addition thereto, addition,
shall be reimbursed for travel expenses and incidentals not exceeding the
maximum set forth by law. In addition to per diem allowances, travel and
incidentals, the secretary of the Board may, with the approval of the
Board, receive such reasonable additional compensation as is compatible with
the actual hours of work required by the duties of his the office."
Section 6. G.S. 89C-8 reads as rewritten:
"§ 89C-8. Organization of the Board; meetings; election of officers.
The Board shall hold at least two regular meetings each year.
Special meetings may be held at such times and upon such notice as the rules
and regulations of the Board may provide. The Board shall elect annually from
its members a chairman, chair, a vice-chairman, vice-chair,
and a secretary. A quorum of the Board shall consist of not less than five members.
The Board shall operate under its rules and regulations supplemented by
Robert's Rules of Order."
Section 7. G.S. 89C-9 reads as rewritten:
"§ 89C-9.
Executive secretary; director; duties and liabilities.
The Board shall employ an executive secretary director
who is not a member of the Board. The executive secretary director
shall be a full-time employee of the Board and perform such the duties
assigned to him the director by the secretary subject to the
approval of the Board. The executive secretary director shall
receive a salary and compensation fixed by the Board. The executive secretary
director shall give a surety bond satisfactory to the Board
conditioned upon the faithful performance of his the director's duties.
duties assigned. The premium on said the bond
shall be a necessary and proper expense of the Board."
Section 8. G.S. 89C-10 reads as rewritten:
"§ 89C-10. Board powers.
(a) The Board shall
have the power to may adopt and amend all rules and
regulations. Additionally, the Board shall have the power to adopt such
rules, rules and rules of procedure, and regulations, procedure
as may be reasonably necessary for the proper performance of its duties,
the regulation of its procedures, meetings, records, the giving of administration
of examinations and the conduct thereof, examinations, and
the power authority to enforce such the rules of
professional conduct as may, from time to time, may be adopted by
the Board pursuant to G.S. 89C-20.
The action by the Board in carrying out any of the powers
specified above in this section shall be binding upon all persons
registered licensed under this Chapter, including corporations and
business firms holding certificates of authorization.
(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.
(c) The Board is
hereby authorized may in the name of the State to apply for
relief, by injunction, in the established manner provided in cases of civil
procedure, without bond, to enforce the provisions of this Chapter, or to
restrain any violation thereof. of the provisions of this
Chapter. In such proceedings, proceedings for
injunctive relief, it shall not be necessary to allege or prove either that
an adequate remedy at law does not exist, or that substantial or irreparable
damage would result from the continued violation thereof. of the
provisions of this Chapter. The members of the Board shall not be
personally liable under this proceeding.
(d) The Board may subject
an applicant for registration licensure to such any examination
as it deems necessary to determine his the applicant's qualifications.
(e) The Board shall
have the power to may issue an appropriate certificate of registration
licensure to any applicant who, in the opinion of the Board, has met
the requirements of this Chapter.
(f) It shall be the
responsibility and duty of the Board to conduct a regular program of
investigation concerning all matters within its jurisdiction under the
provisions of this Chapter. The investigation of a registrant licensee
is confidential until the Board issues a citation to the registrant. licensee.
The Board may expend its funds for salaries, fees, and per diem expenses,
in connection with its investigations, provided that no such funds
other than per diem expenses shall be paid to any member of the Board in
connection with its investigations, nor may any member of the Board give
testimony and thereafter later sit in deciding on any matter
which may directly involve punitive action under such for the testimony.
(g) The Board is
authorized and empowered to may use its funds to establish and
conduct instructional programs for persons who are currently registered licensed
to practice engineering or land surveying, as well as refresher courses for
persons interested in obtaining adequate instruction or programs of study to
qualify them for registration licensure to practice engineering
or land surveying. The Board may expend its funds for these purposes and is
authorized and empowered may not only to conduct, sponsor,
and arrange for instructional programs, but also to may carry out
such instructional programs through extension courses or other media,
and the media. The Board may enter into plans or agreements
with community colleges, public or private institutions of higher
learning, both public and private, State and county boards of education,
or with the governing authority of any industrial education center for the
purpose of planning, scheduling or arranging such courses, instruction,
extension courses, or in assisting in obtaining courses of study or programs in
the field of engineering and land surveying. The Board shall make every
effort practical to encourage the educational institutions in this State to
offer courses necessary to complete the educational requirements of this
Chapter. For the purpose of carrying out these objectives, the Board is
authorized to make and promulgate such may adopt rules and
regulations as may be necessary for such the educational
programs, instruction, extension services, or for entering into plans or
contracts with persons or educational and industrial institutions.
(h) The Board may license sponsors of continuing professional competency activities who agree to conduct programs in accordance with standards adopted by the Board. Sponsors shall pay a license fee established by the Board, not to exceed two hundred fifty dollars ($250.00) for licensure under this subsection. The license fee shall accompany the application. Sponsors shall renew their licenses annually on a form provided by the Board."
Section 9. G.S. 89C-11 reads as rewritten:
"§ 89C-11. Secretary; duties and liabilities; expenditures.
The secretary of the Board shall receive and account for all
moneys derived from the operation of the Board as provided in this Chapter, and
shall deposit them in one or more special funds in banks or other financial
institutions carrying deposit insurance and authorized to do business in North
Carolina. The fund or funds shall be designated as 'Fund of the Board of Registration
Examiners for Professional Engineers and Land Surveyors'
and shall be drawn against only for the purpose of implementing provisions of
this Chapter as herein provided. All expenses certified by the Board as
properly and necessarily incurred in the discharge of its duties, including
authorized compensation, shall be paid out of said this fund on
the warrant signed by the secretary of the Board; provided, however, that at
Board. At no time shall the total of warrants issued exceed
the total amount of funds accumulated under this Chapter. The secretary of the
Board shall give a surety bond satisfactory to the State Board of Registration
Examiners for Professional Engineers and Land Surveyors,
conditioned upon the faithful performance of his duties. the duties
assigned. The premium on said the bond shall be regarded
as is a proper and necessary expense of the Board. The secretary of
the Board may delegate to the executive secretary director certain
routine duties, such as receipt and disbursement of funds in stated amounts by
a written authorization, which has the unanimous approval of the Board."
Section 10. G.S. 89C-12 reads as rewritten:
"§ 89C-12. Records and reports of Board; evidence.
The Board shall keep a record of its proceedings and a
register of all applicants for registration, licensure, showing
for each the date of application, name, age, education, and other
qualifications, place of business and place of residence, whether the applicant
was rejected or a certificate of registration licensure granted,
and the date of such action. licensure was rejected or
granted. The books and register of the Board shall be prima
facie evidence of all matters recorded therein, by the Board, and
a copy duly certified by the secretary of the Board under seal shall be
admissible in evidence as if the original were produced. A roster showing the
names and places of business and of residence of all registered licensed
professional engineers and all registered licensed professional land
surveyors shall be prepared by the secretary of the Board current to the month
of January of each year; such year. The roster shall be
printed by the Board out of the Board's fund of said Board and
distributed as set forth described in the Board's rules
and regulations. rules. On or before the first day of May of
each year, the Board shall submit to the Governor a report on its transactions
for the preceding year, and shall file with the Secretary of State a copy of such
the report, together with a complete statement of the receipts and
expenditures of the Board, Board attested by the affidavits of
the chairman chair and the secretary, secretary and
a copy of the said the roster of registered licensed professional
engineers and registered professional land surveyors."
Section 11. G.S. 89C-13 reads as rewritten:
"§ 89C-13.
General requirements for registration. licensure.
(a) Engineer Applicant. -
To be eligible for admission to examination for licensure as a professional
engineer engineer, an applicant must be of good character and
reputation. An applicant desiring to take the examination in the
fundamentals of engineering only must submit three character references.
references, one of whom shall be a professional engineer. An
applicant desiring to take the examination in the principles and practice of
engineering must submit five references, two of whom shall be professional
engineers having personal knowledge of his the applicant's engineering
experiences.
The following shall be considered as minimum evidence
satisfactory to the Board that the applicant is qualified for registration: licensure:
(1) As a professional engineer (shall meet one):
a. Registration
Licensure by Comity or Endorsement. - A person holding a certificate
of registration licensure to engage in the practice of
engineering, on the basis of comparable qualifications, issued to him the
person by a proper authority of a state, territory, or possession of the
United States, the District of Columbia, or of Canada, who completes an
application for licensure and submits five references, two of which shall be
from professional engineers having personal knowledge of the applicant's
engineering experience, and who who, in the opinion of the
Board, meets the requirements of this Chapter, based on verified evidence may,
upon application, be registered licensed without further
examination.
A person holding a certificate of
qualification issued by the Committee on National Engineering Certification of
the National Council of Engineering Examiners, Examiners for
Engineering and Surveying whose qualifications meet the requirements of
this Chapter, may upon application, be registered licensed without
further examination.
b. E.I.T. E.I.
Certificate, Experience, and Examination. - A holder of a certificate of engineer-in-training
engineering intern issued by the Board, and with a specific record
of an additional four years or more of progressive experience on engineering
projects of a grade and character which indicates to the Board that the
applicant may be competent to practice engineering, shall be admitted to an
eight-hour examination in the principles and practice of engineering. engineering
examination. Upon passing such the examination, the
applicant shall be granted a certificate of registration licensure to
practice professional engineering in this State, provided he the
applicant is otherwise qualified.
c. Graduation,
Experience, and Examination. - A graduate of an engineering curriculum of four
years or more approved by the Board as being of satisfactory standing, and with
a specific record of an additional four years or more of progressive experience
on engineering projects of a grade and character which indicates to the Board
that the applicant may be competent to practice engineering, shall be admitted
to an eight-hour written examination in the fundamentals of engineering,
engineering examination, and an eight-hour written examination in
the principles and practice of engineering. engineering
examination. Upon passing such the examinations, the
applicant shall be granted a certificate of registration licensure to
practice professional engineering in this State, provided he the
applicant is otherwise qualified.
d. Graduation,
Experience, and Examination. - A graduate of an engineering or related science
curriculum of four years or more, other than the ones approved by the Board as
being of satisfactory standing or with an equivalent education and engineering
experience satisfactory to the Board and with a specific record of eight years
or more of progressive experience on engineering projects of a grade and
character which indicates to the Board that the applicant may be competent in
the fundamentals of engineering, shall be admitted to an eight-hour written
examination in the fundamentals of engineering, engineering
examination and an eight-hour written examination in the principles
and practice of engineering. engineering examination. Upon
passing such the examinations, the applicant shall be granted a
certificate of registration licensure to practice professional
engineering in this State, provided he the applicant is otherwise
qualified.
e.
Long-Established Practice. - An individual A person with a
specific record of 20 years or more of progressive experience on engineering
projects of a grade and character which indicates to the Board that the
applicant may be competent to practice engineering shall be admitted to an
eight-hour written examination in the principles and practice of engineering.
engineering examination. Upon passing such the examination,
the applicant shall be granted a certificate of registration licensure
to practice professional engineering in this State, provided he the
applicant is otherwise qualified.
At its discretion the Board may require an applicant to
submit exhibits, drawings, designs, or other tangible evidence of engineering
work executed by him and which he the applicant personally
accomplished or supervised.
The following shall be considered as minimum evidence that the applicant is qualified for certification:
(2) As an engineer-in-training
engineering intern (shall meet one):
a. Graduation
and Examination. - A graduate of an engineering curriculum or related science
curriculum of four years or more, approved by the Board as being of
satisfactory standing, or a student who has attained senior status in an
accredited engineering program, shall be admitted to an eight-hour
written examination in the fundamentals of engineering. engineering
examination. The applicant shall be notified if the examination was
passed or not passed and if passed he shall be certified as an engineer-in-training,
engineering intern if he the applicant is otherwise qualified.
b. Graduation,
Experience, and Examination. - A graduate of an engineering or related science
curriculum of four years or more, other than the ones approved by the Board as
being of satisfactory standing, or with equivalent education and engineering
experience satisfactory to the Board and with a specific record of four or more
years of progressive experience on engineering projects of a grade and
character satisfactory to the Board, shall be admitted to an eight-hour
written examination in the fundamentals of engineering. engineering
examination. The applicant shall be notified if the examination was passed
or not passed and if passed he passed, the applicant shall be
certified as an engineer-in-training engineering intern if he the
applicant is otherwise qualified.
(b) Land Surveyor
Applicant. - To be eligible for admission to examination for land surveyor-in-training,
surveyor intern or registered professional land
surveyor, an applicant must be of good character and reputation and shall
submit five references with his the application for registration
licensure as a land surveyor, two of which references shall be registered
professional land surveyors having personal knowledge of his the
applicant's land surveying experience, or in the case of an application for
certification as a land surveyor-in-training surveyor intern by
three references, one of which shall be a registered licensed land
surveyor having personal knowledge of the applicant's land surveying
experience.
The evaluation of a land surveyor applicant's qualifications
shall involve a consideration of his the applicant's education,
technical and land surveying experience, exhibits of land surveying projects
with which he the applicant has been associated, and recommendations
by references, and reviewing of these categories during an oral examination.
references. The land surveyor applicant's qualifications may be
reviewed at an interview if the Board deems determines it
necessary. Educational credit for institute courses, correspondence courses, etc.,
or other courses shall be determined by the Board.
The following shall be considered a minimum evidence
satisfactory to the Board that the applicant is qualified for registration licensure
as a professional land surveyor or for certification as a land surveyor-in-training,
surveyor intern respectively:
(1) As a registered professional
land surveyor (shall meet one):
a. Rightful
possession of a B.S. bachelor of science degree in surveying or
other equivalent curricula, all approved by the Board and a record satisfactory
to the Board of one year two years or more of progressive
practical experience experience, one year of which shall have
been under a practicing registered professional land surveyor and
satisfactorily passing such any oral and written examination,
taken in the presence of and examination required by the Board, all
of which shall determine and indicate that the candidate applicant is
competent to practice land surveying. The applicant may elect be
qualified by the Board to take the first examination (Surveying
Fundamentals) immediately after obtaining the B.S. bachelor of
science degree at the first regularly scheduled examination thereafter.
Upon passing the first examination and successful completion of the experience
required by this subdivision, the applicant may apply to take the second
examination (Principles and Practice of Land Surveying). An applicant who
passes both examinations and completes the educational and experience
requirements of this subdivision shall be granted registration licensure
as a professional land surveyor.
b. Rightful
possession of an associate degree in surveying technology approved by the Board
and a record satisfactory to the Board of three four years of
progressive practical experience, two three years of which shall
have been under a practicing registered licensed land surveyor,
and satisfactorily passing such any written and oral examination taken
in the presence of and as required by the Board, all of which shall
determine and indicate that the candidate applicant is competent
to practice land surveying. The applicant may elect apply to the
Board to take the first examination (Surveying Fundamentals) immediately
after obtaining the associate degree at the first regularly scheduled
examination thereafter. Upon passing the first examination and successfully
completing years of progressive practical experience under a practicing
registered land surveyor, the practical experience required under this
subdivision, the applicant may elect apply to the Board to
take the second examination (Principles and Practice of Land Surveying)
prior to, during, or after completion of the additional experience required by
this subdivision. (Principles and Practice of Land Surveying). An
applicant who passes both examinations and successfully completes the
educational and experience requirements of this subdivision shall be granted registration
licensure as a professional land surveyor.
c. Land
Surveyor-in-Training Certificate, Experience, and Examination. - A holder of a
certificate of land surveyor-in-training issued by the Board, and with a
specific record of an additional two years or more of progressive surveying
experience, one year of which shall have been under a practicing registered
land surveyor, of a grade and character which indicates to the Board that the
applicant may be competent to practice land surveying, shall be admitted to two
four-hour examinations. Upon passing such examinations, the applicant shall be
granted a certificate of registration to practice land surveying in this State,
provided he is otherwise qualified.
d. Graduation
from a high school or the completion of a high school equivalency certificate
and a record satisfactory to the Board of seven years of progressive practical
experience, six years of which shall have been under a practicing registered
licensed land surveyor, and satisfactorily passing such any
oral and written examination written in the presence of and examinations
required by the Board, all of which shall determine and indicate that the
candidate is competent to practice land surveying. The applicant may
be qualified by the Board to take the first examination (Surveying
Fundamentals) upon graduation from high school or the completion of a high
school equivalency certificate and successfully completing six years of
progressive practice experience, five of which shall have been under a
practicing licensed land surveyor. The applicant may apply to take the
second examination (Principles and Practice of Land Surveying) upon passing the
first examination and successfully completing four years of progressive
practical experience, two of which shall have been under a practicing licensed
land surveyor.
e. Repealed by Session Laws 1985 (Regular Session, 1986), c. 977, s. 7.
f. Registration
Licensure by Comity or Endorsement. - A person holding a certificate
of registration licensure to engage in the practice of land
surveying issued on comparable qualifications from a state, territory, or
possession of the United States will be given comity considerations. However, he
the applicant may be asked to take such any examinations
as the Board deems necessary requires to determine his the
applicant's qualifications, but in any event, he the applicant shall
be required to pass a written an examination which shall include
questions on laws, procedures, and practices pertaining to the practice of land
surveying in North Carolina.
g. A licensed
professional engineer who can satisfactorily demonstrate to the Board that his
the professional engineer's formal academic training in acquiring a
degree and field experience in engineering includes land surveying, to the
extent necessary to reasonably qualify the applicant in the practice of land
surveying, may apply for and may be granted permission to take the two
four-hour examinations on the principles and practice of land surveying examination
and the two four-hour examinations on the fundamentals of land surveying.
surveying examination. Upon satisfactorily passing the
examinations, the applicant will shall be granted a license to
practice land surveying in the State of North Carolina.
h.
Professional Engineers in Land Surveying. - Any person presently licensed to
practice professional engineering under this Chapter shall upon his application
be licensed to practice land surveying, providing his a written
application is filed with the Board within one year next after June 19, 1975.
i. Photogrammetrists. - Any person presently practicing photogrammetry with at least seven years of experience in the profession, two or more of which shall have been in responsible charge of photogrammetric mapping projects meeting National Map Accuracy Standards shall, upon application, be licensed to practice land surveying, provided:
1. The applicant submit certified proof of graduation from high school, high school equivalency, or higher degree;
2. The applicant submit proof of employment in responsible charge as a photogrammetrist practicing within the State of North Carolina to include itemized reports detailing methods, procedures, amount of applicant's personal involvement and the name, address, and telephone numbers of the client for five projects completed by the applicant with the State. A final map for one of the five projects shall also be submitted;
3. Five references to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board; and
4. The application is submitted to the Board by July 1, 1999. After July 1, 1999, no photogrammetrist shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applicants.
The Board shall require an applicant to submit exhibits, drawings, plats or
other tangible evidence of land surveying work executed by him the
applicant under proper supervision and which he the applicant has
personally accomplished or supervised.
Land surveying encompasses a number of disciplines including geodetic surveying, hydrographic surveying, cadastral surveying, engineering surveying, route surveying, photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor shall practice only within the surveyor's area of expertise.
(2) As a land surveyor-in-training
surveyor intern (shall meet one):
a. Rightful
possession of an associate degree in surveying technology approved by the Board
and satisfactorily passing a written or and oral examination taken
in the presence of and as required by the Board.
b. Rightful
possession of a B.S. bachelors degree in surveying or other
equivalent curricula in surveying all approved by the Board and satisfactorily
passing such any oral and written examinations written in the
presence of and required by the Board.
c. Graduation
from high school or the completion of a high school equivalency certificate and
a record satisfactory to the Board of five years of progressive, practical
experience, four years of which shall have been under a practicing registered
licensed land surveyor and satisfactorily passing any oral
and written examinations taken in the presence of and as required by the
Board.
The Board shall require an applicant to submit exhibits,
drawings, plats, or other tangible evidence of land surveying work executed by him
the applicant under proper supervision and which he the
applicant has personally accomplished or supervised."
Section 12. G.S. 89C-14 reads as rewritten:
"§ 89C-14.
Application for registration; registration licensure; license fees.
(a) Application for registration
licensure as a professional engineer or registered professional
land surveyor shall be on a form prescribed and furnished by the Board. It
shall contain statements made under oath, showing the applicant's education and
a detailed summary of his the applicant's technical and
engineering or land surveying experience, and shall include the names and
complete mailing addresses of the references, none of whom should may
be immediate members of the applicant's family or members of the
Board.
The Board may accept the certified information on the copy of
a current formal certificate of qualifications issued by the National Council
of Engineering Examiners Committee or National Engineering Certification for
Professional Engineer applicants Examiners for Engineering and Surveying
in lieu of the same information that is required for the form prescribed
and furnished by the Board.
(b) An applicant for registration
licensure who is required to take the written examination shall pay a
fee equal to the cost of the examination to the Board plus an additional amount
to the Board an application fee not to exceed one hundred dollars
($100.00). The Board may charge any fee necessary to defray the cost of any
required examinations. The fee shall accompany the application. The
fee for comity registration licensure of engineers and land
surveyors who hold unexpired certificates in another state or a territory of
the United States or in Canada shall be the total current fee as fixed by the
Board.
(c) The certification fee
for a corporation is the amount set by the Board in accordance with G.S.
55B-10. but shall not exceed one hundred dollars ($100.00). The
fee shall accompany the application. The certification fee for a
business firm is the same as the fee for a corporation. The fee for renewal of
a certificate of registration licensure of a corporation is the
amount set by the Board in accordance with G.S. 55B-11. but shall not
exceed seventy-five dollars ($75.00). The fee for renewal of a
certificate of registration licensure for a business firm is the
same as the renewal fee for a corporation.
(d) Should the Board deny
the issuance of a certificate of registration licensure to any
applicant, the unobligated portion of fees paid shall be returned by the Board
to the applicant.
(e) A candidate failing an examination may apply, and be considered by the Board, for reexamination at the end of six months. The Board shall make such reexamination charge as is necessary to defray the cost of the examination.
A candidate failing an examination three times will not be
permitted to take a reexamination until he has made a written appeal to the
Board and his tentative qualifications for the examination are reviewed and
reaffirmed by the Board. with a combination of three failures or
unexcused absences on an examination shall only be eligible after submitting a
new application with appropriate application fee, and be considered by the
Board for reexamination at the end of 12 months. After the end of the
12-month period, the applicant may take the examination no more than once every
calendar year."
Section 13. G.S. 89C-15 reads as rewritten:
"§ 89C-15. Examinations.
(a) The examinations will
be held at such the times and places as the Board directs. The
Board shall determine the passing grade on examinations. All examinations shall
be approved by the entire Board.
(b) Written examinations
will be given in sections and may be taken only after the applicant has met the
other minimum requirements as given in G.S. 89C-13, G.S. 89C-13 and
has been approved by the Board for admission to the examination as follows:
(1) Engineering
Fundamentals. - Consists of an eight-hour examination on the fundamentals of
engineering. Passing this examination qualifies the examinee applicant
for an engineer-in- training engineering intern certificate,
provided he the applicant has met all other requirements for certification
licensure required by this Chapter.
(2) Principles and
Practice of Engineering. - Consists of an eight-hour examination on applied
engineering. Passing this examination qualifies the examinee applicant
for registration licensure as a professional engineer,
provided he the applicant has met the other requirements for
registration required by this Chapter.
(3) Surveying
Fundamentals. - Consists of two four-hour examinations an eight-hour
examination on the elementary disciplines of land surveying. Passing both
of these examinations this examination qualifies the examinee applicant
for a land surveyor-in-training surveyor intern certificate
provided he the applicant has met all other requirements for
certification required by this Chapter.
(4) Principles and
Practices of Land Surveying. - Consists of two four-hour examinations a
six-hour examination on the basic and applied disciplines of land surveying,
one examination on basic disciplines and the other examination covering applied
disciplines. surveying and a two-hour examination on requirements
specific to the practice of land surveying in North Carolina. Passing
each of these examinations qualifies the examinee applicant for a
registered professional land surveyor certificate provided he the
applicant has met all other requirements for certification required by this
Chapter."
Section 14. G.S. 89C-16 reads as rewritten:
"§ 89C-16.
Certificates of registration; licensure; effect; seals.
(a) The Board shall issue
to any applicant, who, in the opinion of the Board, has met the requirements of
this Chapter, a certificate of registration licensure giving the registrant
licensee proper authority to practice his the profession
in this State. The certificate of registration licensure for a
professional engineer shall carry the designation 'professional engineer,' and
for a land surveyor, 'registered 'professional land surveyor,'
shall give the full name of the registrant licensee with his
serial the Board designated licensure number and shall be signed by
the chairman chair and the secretary under the seal of the Board.
(b) This certificate
shall be prima facie evidence that the person named thereon on
the certificate is entitled to all rights, privileges and responsibilities
of a professional engineer or a registered professional land
surveyor, while the said certificate of registration licensure
remains unrevoked or unexpired.
(c) Each registrant
hereunder licensee shall upon registration licensure obtain
a seal of a design authorized by the Board bearing the registrant's licensee's
name, serial license number, and the legend, 'professional
engineer,' or 'registered 'professional land surveyor.'
Final drawings, specifications, plans and reports prepared by a registrant licensee
shall, when issued, be certified and stamped with the said seal or
facsimile thereof of the seal unless the registrant licensee
is exempt under the provisions of G.S. 89C-25(7). It shall be unlawful for
a registrant licensee to affix, or permit his the
licensee's seal and signature or facsimile thereof of the seal
and signature to be affixed to any drawings, specifications, plans or
reports after the expiration of a certificate or for the purpose of aiding or
abetting any other person to evade or attempt to evade any provision of this
Chapter. A professional engineer practicing land surveying shall use his
registered the licensee's land surveyor seal."
Section 15. G.S. 89C-17 reads as rewritten:
"§ 89C-17. Expirations and renewals of certificates.
Certificates for registration licensure shall
expire on the last day of the month of December next following their issuance
or renewal, and shall become invalid on that date unless renewed. When
necessary to protect the public health, safety, or welfare, the Board shall
require such any evidence as it deems necessary to
establish the continuing competency of engineers and land surveyors as a
condition of renewal of licenses. When the Board is satisfied as to the
continuing competency of an applicant, it shall issue a renewal of the
certificate upon payment by the applicant of a fee fixed by the Board but
not to exceed fifty dollars ($50.00). seventy-five dollars ($75.00). The
secretary of the Board shall notify by mail every person registered licensed
under this Chapter of the date of expiration of his the certificate,
the amount of the fee required for its renewal for one year, and any
requirement as to evidence of continued competency. The notice shall be mailed
at least one month in advance of the expiration date of the certificate.
Renewal shall be effected at any time during the month of January immediately
following, by payment to the secretary of the Board of a renewal fee, as
determined by the Board, which shall not exceed fifty dollars ($50.00). seventy-five
dollars ($75.00). Failure on the part of any registrant to renew his
the certificate annually in the month of January, as required above,
shall deprive the registrant of the right to practice until renewal has been
effected. Renewal may be effected at any time during the first 36 12 months
immediately following its invalidation of payment of the renewal fee
increased ten percent (10%) for each month or fraction of a month that payment
for renewal is delayed. by payment of the established renewal fee and a
late penalty of one hundred dollars ($100.00). Failure of a registrant
licensee to renew his registration the license for a
period of 36 12 months shall require the individual, prior to
resuming practice in North Carolina, to submit an application therefor on
the prescribed form, and to meet all other requirements for registration licensure
as set forth in Chapter 89C. The secretary of the Board is instructed to
remove from the official roster of engineers and land surveyors the names of
all registrants licensees who have not effected their renewal by
the first day of February immediately following the date of their expiration.
The Board may enact adopt rules to provide for renewals in
distress or hardship cases due to military service, prolonged illness, or
prolonged absence from the State, where the applicant for renewal demonstrates
to the Board that he the applicant has maintained his active
knowledge and professional status as an engineer or land surveyor, as the case
may be. It shall be the responsibility of each registrant licensee to
inform the Board promptly concerning change in address. A licensee may
request and be granted inactive status. No inactive licensee may practice
in this State unless otherwise exempted in this Chapter. A licensee
granted inactive status shall pay annual renewal fees but shall not be subject
to annual continuing professional competency requirements. A licensee
granted inactive status may return to active status by meeting all requirements
of the Board, including demonstration of continuing professional competency as
a condition of reinstatement."
Section 16. G.S. 89C-18 reads as rewritten:
"§ 89C-18. Duplicate certificates.
The Board may issue a duplicate certificate of registration
licensure or certificate of authorization to replace any certificate
that has been lost, destroyed, or mutilated and may charge a fee of up to
twenty-five dollars ($25.00) for issuing the certificate."
Section 17. G.S. 89C-19 reads as rewritten:
"§ 89C-19. Public works; requirements where public safety involved.
This State and its political subdivisions such as counties,
cities, towns, or other political entities or legally constituted boards,
commissions, public utility companies, or authorities, or officials, or
employees thereof of these entities shall not engage in the
practice of engineering or land surveying involving either public or private
property where the safety of the public is directly involved without the
project being under the supervision of a professional engineer for the
preparations of plans and specifications for engineering projects, or a registered
professional land surveyor for land surveying projects, as provided
for the practice of the respective professions by this Chapter.
An official or employee of the State or any political
subdivision specified in this section, holding the positions set out in this
section as of June 19, 1975, shall be exempt from the provisions of this
section so long as such official or employee is engaged in substantially the
same type of work as is involved in his the present position.
Nothing in this section shall be construed to prohibit
inspection, maintenance and service work done by employees of the State
of North Carolina, any political subdivision thereof, of the State, or
any municipality therein including construction, installation,
servicing, and maintenance by regular full-time employees of, secondary roads
and drawings incidental thereto, to work on secondary roads, streets,
street lighting, traffic-control signals, police and fire alarm systems,
waterworks, steam, electric and sewage treatment and disposal plants, the
services of superintendents, inspectors or foremen regularly employed by the
State of North Carolina or any political subdivision thereof, of the
State, or municipal corporation therein. corporation.
The provisions in this section shall not be construed to alter or modify the requirements of Article 1 of Chapter 133 of the General Statutes."
Section 18. G.S. 89C-20 reads as rewritten:
"§ 89C-20. Rules of professional conduct.
In the interest of protecting the safety, health, and welfare
of the public, the Board shall promulgate and adopt rules of
professional conduct applicable to the practice of engineering and land
surveying. These rules, when adopted, shall be construed to be a reasonable
exercise of the police power vested in the Board of Registration Examiners
for Professional Engineers and Land Surveyors. Every person registered
licensed by the Board shall subscribe to and observe the adopted
rules as the standard of professional conduct for the practice of engineering
and land surveying. surveying and shall cooperate fully with the
Board in the course of any investigation. In the case of violation of
the rules of professional conduct, the Board shall have the responsibility
and duty to proceed in accordance with G.S. 89C-22."
Section 19. G.S. 89C-21 reads as rewritten:
"§ 89C-21. Disciplinary action - Reexamination, revocation, suspension, reprimand, or civil penalty.
(a) The Board may reprimand
the licensee, suspend, refuse to renew, or revoke the certificate of registration,
licensure, or, as appropriate, require reexamination, for any
engineer or land surveyor, who is found:
(1) Guilty of the practice
of any fraud or deceit in obtaining a certificate of registration licensure
or certificate of authorization.
(2) Guilty of any gross
negligence or misconduct in the practice of his the profession.
(3) Guilty of any felony or any crime involving moral turpitude.
(4) Guilty of violation of the Rules of Professional Conduct, as adopted by the Board.
(5) To have been declared
insane or incompetent by a court of competent jurisdiction and has not thereafter
later been lawfully declared sane or competent.
(6) Guilty of professional
incompetence. In the event the Board finds that a certificate holder is
incompetent the Board may, in its discretion, require oral or written
examinations, or other indication of the certificate holder's fitness to
practice his profession engineering or land surveying and suspend
his the license during any such period.
(b) The Board shall
have the power to may (i) revoke a certificate of authorization, or
(ii) to suspend a certificate of authorization for a period of time not
exceeding two years, of any corporation or business firm where one or more of
its officers or directors have committed any act or have been guilty of any
conduct which would authorize a revocation or suspension of their certificates
of registration licensure under the provision of this section.
(c) The Board may levy a civil penalty not in excess of two thousand dollars ($2,000) for any engineer or land surveyor who violates any of the provisions of subdivisions (1) through (4) of subsection (a) of this section. All civil penalties collected by the Board shall be deposited in the General Fund of North Carolina.
(d) Before imposing and
assessing a civil penalty and fixing the amount thereof, amount, the
Board shall, as a part of its deliberation, take into consideration the
following factors:
(1) The nature, gravity, and persistence of the particular violations;
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment;
(3) Whether the violation(s) were done willfully and maliciously; and
(4) Any other factors which would tend to either mitigate or aggravate the violation(s) found to exist."
Section 20. G.S. 89C-22 reads as rewritten:
"§ 89C-22. Disciplinary action - Charges; procedure.
(a) Any person may prefer
charges of fraud, deceit, gross negligence, incompetence, misconduct, or
violation of the rules of professional conduct, against any Board registrant.
The charges shall be in writing and shall be sworn to by the person or persons
making them and shall be filed with the secretary of the Board.
(b) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board as provided under the requirements of Chapter 150B of the General Statutes.
(c) If, after such a
hearing, a majority of the Board votes in favor of sustaining the charges,
the Board shall reprimand, levy a civil penalty, suspend, refuse to renew, or
revoke the registrant's certificate of registration. licensee's
certificate.
(d) A registrant licensee
who is aggrieved by a final decision of the Board may appeal for judicial
review as provided by Article 4 of Chapter 150B.
(e) The Board may, upon
petition of an individual or an entity whose certificate has been revoked, for sufficient
reasons it may deem sufficient, reasons as it may determine, reissue
a certificate of registration licensure or authorization,
provided that a majority of the members of the Board vote in favor of such
issuance."
Section 21. G.S. 89C-23 reads as rewritten:
"§ 89C-23.
Unlawful to practice engineering or land surveying without registration; licensure;
unlawful use of title or terms; penalties; Attorney General to be legal
adviser.
Any person who shall practice, or offer to practice,
engineering or land surveying in this State without first being registered licensed
in accordance with the provisions of this Chapter, or any person, firm,
partnership, organization, association, corporation, or other entity using or
employing the words 'engineer' or 'engineering' or 'professional engineer' or
'professional engineering' or 'land surveyor' or 'land surveying,' or any
modification or derivative thereof of those words in its name or
form of business or activity except as registered licensed under this
Chapter or in pursuit of activities exempted by this Chapter, or any person
presenting or attempting to use the certificate of registration licensure
or the seal of another, or any person who shall give any false or forged
evidence of any kind to the Board or to any member thereof of the
Board in obtaining or attempting to obtain a certificate of registration,
licensure, or any person who shall falsely impersonate any other registrant
licensee of like or different name, or any person who shall attempt to
use an expired or revoked or nonexistent certificate of registration, licensure,
or who shall practice or offer to practice when not qualified, or any
person who falsely claims that he the person is registered under
this Chapter, or any person who shall violate any of the provisions of this
Chapter, in addition to injunctive procedures set out hereinbefore, shall be
guilty of a Class 2 misdemeanor. In no event shall there be representation of
or holding out to the public of any engineering expertise by unregistered unlicensed
persons. It shall be the duty of all duly constituted officers of the State
and all political subdivisions thereof of the State to enforce
the provisions of this Chapter and to prosecute any persons violating same. them.
The Attorney General of the State or his an assistant
shall act as legal adviser to the Board and render such any legal
assistance as may be necessary in carrying to carry out
the provisions of this Chapter. The Board may employ counsel and necessary
assistance to aid in the enforcement of this Chapter, and the compensation and
expenses therefor for the assistance shall be paid from funds of
the Board."
Section 22. G.S. 89C-24 reads as rewritten:
"§ 89C-24.
Registration Licensure of corporations and business firms that
engage in the practice of engineering or land surveying.
A corporation or business firm may not engage in the practice
of engineering or land surveying in this State unless it is registered with licensed
by the Board and has paid the required registration fee. an
application fee established by the Board in an amount not to exceed one hundred
dollars ($100.00). A corporation or business firm is subject to the
same duties and responsibilities as an individual registrant.
Registration licensee. Licensure of a corporation or business
firm does not affect the requirement that all engineering or land surveying
work done by the corporation or business firm be performed by or under the
responsible charge of individual registrants, nor does it relieve the individual
registrants within a corporation or business firm of their design and
supervision responsibilities.
This section applies to every corporation that is engaged in the practice of engineering or land surveying, regardless of when it was incorporated. A corporation that is not exempt from Chapter 55B of the General Statutes by application of G.S. 55B-15 must be incorporated under that Chapter."
Section 23. G.S. 89C-25 reads as rewritten:
"§ 89C-25. Limitations on application of Chapter.
This Chapter shall not be construed to prevent or affect:
(1) The practice of architecture, landscape architecture, or contracting or any other legally recognized profession or trade.
(2) The practice of
professional engineering or land surveying in this State or by any person not a
resident of this State and having no established place of business in this
State when this practice does not aggregate more than 90 days in any calendar
year, whether performed in this State or elsewhere, or involve more than one specific
project; provided, however, that such the person is legally
qualified by registration licensed to practice the said profession
in his the person's own state or country, in which the
requirements and qualifications for obtaining a certificate of registration licensure
are satisfactory to the Board; in which case the person shall apply for and
the Board will issue a temporary permit.
(3) The practice of
professional engineering or land surveying in this State not to aggregate more
than 90 days by any person residing in this State, but whose residence has not
been of sufficient duration for the Board to grant or deny registration; licensure;
provided, however, such the person shall have filed an
application for registration licensure as a professional engineer
or registered professional land surveyor and shall have paid the
fee provided for in G.S. 89C-14, and provided that such a the person
is legally qualified by registration licensed to practice
professional engineering or professional land surveying in his the
person's own state or country in which the requirements and qualifications
for obtaining a certificate of registration licensure are
satisfactory to the Board, in which case the person shall apply for and the
Board will issue a temporary permit.
(4) Engaging in
engineering or land surveying as an employee or assistant under the responsible
charge of a professional engineer or registered professional land
surveyor or as an employee or assistant of a nonresident professional engineer
or a nonresident registered professional land surveyor provided
for in subdivisions (2) and (3) of this section, provided that said the
work as an employee may not include responsible charge of design or supervision.
(5) The practice of
professional engineering or land surveying by any person not a resident of, and
having no established place of business in this State, as a consulting
associate of a professional engineer or registered professional land
surveyor registered licensed under the provisions of this
Chapter; provided, the nonresident is qualified for such performing
the professional service in his the person's own state or
country.
(6) Practice by members of
the armed forces or employees of the government of the United States while
engaged in the practice of engineering or land surveying solely for said the
government on government-owned works and projects; or practice by those
employees of the Natural Resources Conservation Service having federal
engineering job approval authority that involves the planning, designing, or
implementation of best management practices on agricultural lands.
(7) The internal
engineering or surveying activities of a person, firm or corporation engaged in
manufacturing, processing, or producing a product, including the activities of
public service corporations, public utility companies, authorities, State
agencies, railroads, or membership cooperatives, or the installation and
servicing of their product in the field; or research and development in
connection with the manufacture of that product or their service; or of their
research affiliates; or their employees in the course of their employment in
connection with the manufacture, installation, or servicing of their product or
service in the field, or on-the-premises maintenance of machinery, equipment,
or apparatus incidental to the manufacture or installation of the product or
service of a firm by the employees of the firm upon property owned, leased or
used by the firm; inspection, maintenance and service work done by employees of
the State of North Carolina, any political subdivision thereof, of
the State, or any municipality therein including construction,
installation, servicing, maintenance by regular full-time employees of streets,
street lighting, traffic-control signals, police and fire alarm systems,
waterworks, steam, electric and sewage treatment and disposal plants; the
services of superintendents, inspectors or foremen regularly employed by the
State of North Carolina or any political subdivision thereof, of the
State or a municipal corporation therein; corporation; provided,
however, that the internal engineering or surveying activity is not a holding
out to or an offer to the public of engineering or any service thereof as
prohibited by this Chapter. Engineering work, not related to the foregoing
exemptions, where the safety of the public is directly involved shall be under
the responsible charge of a registered licensed professional
engineer, or in accordance with standards prepared or approved by a registered
licensed professional engineer.
(8) The (i) preparation of
fire sprinkler planning and design drawings by a fire sprinkler contractor
licensed under Article 2 of Chapter 87 of the General Statutes, or (ii) the
performance of internal engineering or survey work by a manufacturing or
communications common carrier company, or by a research and development
company, or by employees of such those corporations provided that
such the work is in connection with, or incidental to products
of, or nonengineering services rendered by such those corporations
or their affiliates.
(9) The routine maintenance or servicing of machinery, equipment, facilities or structures, the work of mechanics in the performance of their established functions, or the inspection or supervision of construction by a foreman, superintendent, or agent of the architect or professional engineer, or services of an operational nature performed by an employee of a laboratory, a manufacturing plant, a public service corporation, or governmental operation.
(10) The design of land application irrigation systems for an animal waste management plan, required by G.S. 143-215.10C, by a designer who exhibits, by at least three years of relevant experience, proficiency in soil science and basic hydraulics, and who is thereby listed as an Irrigation Design Technical Specialist by the North Carolina Soil and Water Conservation Commission."
Section 24. G.S. 89C-25.1 reads as rewritten:
"§
89C-25.1. Supervision of unregistered unlicensed individuals
by registered licensed person.
In all circumstances in which unregistered unlicensed
individuals are permitted under this Chapter to perform engineering
or land surveying work, or both, under the supervision of a registered licensed
engineer, land surveyor, or both, the Board may by regulation establish a
reasonable limit on the number of unregistered unlicensed individuals
which a registrant licensee of the Board may directly or
personally supervise at one time."
Section 25. G.S. 89C-28 reads as rewritten:
"§ 89C-28.
Existing registration licensure not affected.
Nothing in this Chapter shall be construed as affecting the
status of registration licensure of any professional engineer or registered
land surveyor who is rightfully in possession of a certificate of registration
licensure duly issued by the Board and valid as of July 1,
1975."
Section 26. This act is effective when it becomes law and applies to persons applying for licenses on or after that date and to persons practicing engineering and land surveying on or after that date.
In the General Assembly read three times and ratified this the 18th day of August, 1998.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 12:54 p.m. this 27th day of August, 1998