REPRESENTATIVES Lendrum, Hollister, Webster, Brinkman, Carmichael

To amend sections 4703.32, 4733.01, 4733.02, 4733.021,

1

4733.03, 4733.06, 4733.07, 4733.08, 4733.09,

2

4733.11, 4733.12, 4733.13, 4733.14, 4733.15,

3

4733.18, 4733.19, 4733.20, 4733.22, 4733.23, and

4

4733.27, to enact section 4733.201, and to repeal

5

section 4733.24 of the Revised Code to make changes

6

to the engineer and surveyor licensing law.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4703.32, 4733.01, 4733.02,	8
4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11,	9
4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20,	10
4733.22, 4733.23, and 4733.27 be amended and section 4733.201 of	11
the Revised Code be enacted to read as follows:	12

Sec. 4703.32.  (A) No person shall use the title of	13
"landscape architect" or any title, sign, card, or device	14
indicating, or tending to indicate, or represent in any manner	15
that hethe person is a landscape architect, unless hethe person	16
is registered under sections 4703.30 to 4703.49 of the Revised	17
Code, or holds a permit issued under section 4703.39 of the	18
Revised Code.	19

(B) Sections 4703.30 to 4703.49 of the Revised Code, are not	20
intended to restrict or otherwise affect the right of any	21
individual to practice architecture under sections 4703.01 to	22
4703.19 of the Revised Code, or engineering under sections 4733.01	23
to 4733.244733.27 of the Revised Code. This division does not	24
exclude a registered professional engineer or a registered	25
architect from such practice of landscape architecture as is	26
incidental to the practice of engineering or architecture.	27

(C) Sections 4703.30 to 4703.49 of the Revised Code, do not	28
affect the right of any individual to engage in the occupation of	29
growing or marketing nursery stock, or to use the title	30
"nurseryman," "landscape nurseryman," or "landscape contractor,"	31
provided that no individual shall use the title "landscape	32
architect" unless hethe person has complied with sections 4703.30	33
to 4703.49 of the Revised Code.	34

(D) Each landscape architect, upon registration by the state	35
board of landscape architect examiners, may obtain a stamp of the	36
design authorized by the board, bearing the name of the	37
registrant, date of registration, number of certificate, and the	38
legend "registered landscape architect." All professional	39
documents, including maps, plans, designs, drawings,	40
specifications, estimates, and reports, issued by a registrant may	41
be stamped only while the registrant's certificate is in full	42
force and effect.	43

Sec. 4733.01.  As used in this chapter:

44

(A) "Professional engineer" means a person registered as a	45
professional engineer under this chapter.	46

(B) "Engineer" means a graduate of an accredited engineering	47
curriculum or a curriculum that becomes an accredited engineering	48
curriculum or a person registered as a professional engineer under	49
this chapter, or both.	50

(C) "Accredited engineering curriculum" means an engineering	51
curriculum accredited by the engineering accreditation commission	52
of the accreditation board for engineering and technology.	53

(D) "The practice of engineering" includes any professional	54
service, such as consultation, investigation, evaluation,	55
planning, design, or inspection of construction or operation, for	56
the purpose of assuring compliance with drawings or specifications	57
in connection with any public or privately owned public utilities,	58
structures, buildings, machines, equipment, processes, works, or	59
projects in the proper rendering of which the qualifications of	60
section 4733.11 of the Revised Code are required to protect the	61
public welfare or to safeguard life, health, or property.	62

(E) "Professional surveyor" means a person who engages in the	63
practice of that branch of engineering commonly known as surveying	64
and who is registered as a professional surveyor under this	65
chapter.	66

(F) "Practice of surveying" means that branch of engineering	67
which includes any professional service whichthat requires the	68
application of special knowledge of the principles of mathematics,	69
the related physical and applied sciences, and the relevant	70
requirements of law for the adequate performance of the art of	71
surveying, including, but not limited to, measuring the area or	72
the contours of any portion of the earth's surface, the lengths	73
and directions of the bounding lines, and the contour of the	74
surface, for their correct determination and description and for	75
conveyancing for recording, or for the establishment or	76
re-establishment of land boundaries and the platting of lands and	77
subdivisions; and like measurements and operations involved in the	78
surveying of mines, commonly known as "mine surveying."	79

Sec. 4733.02.  Any person practicing or offering to practice	80
the profession of engineering or of surveying shall be registered	81
or exempted under this chapter. No person shall practice or offer	82
to practice the profession of engineering or of surveying, or	83
contract for such services, or use the initials P.E. or P.S. in	84
connection with histhe person's name, or use in connection with	85
histhe person's name or otherwise assume, use, or advertise any	86
title or description tending to convey the impression that hethe	87
person is a professional engineer or a professional surveyor,	88
unless such person has been registered or exempted under this	89
chapter.	90

Sec. 4733.021.  (A) Except for an individual who, as part of	91
histhe individual's employer's internal classification system,	92
uses the title "engineer" by itself or in conjunction with another	93
term described in division (B) of this section and who does not	94
represent himselfthe individual's self to the public or otherwise	95
advertise himselfthe individual's self as an engineer, no	96
individual shall, in connection with histhe individual's name,	97
assume, use, or advertise:	98

(1) The title "engineer" by itself unless hethe individual	99
is an engineer;	100

(2) The title "engineer" in conjunction with another term	101
that modifies the title "engineer" in a manner whichthat conveys	102
the impression that hethe individual is a graduate of an	103
accredited engineering curriculum unless hethe individual is a	104
graduate of an accredited engineering curriculum.	105

(B) Terms used in conjunction with the title "engineer"	106
under division (A)(2) of this section that imply a person is a	107
graduate of an accredited engineering curriculum include the	108
following: "aerospace," "agricultural," "civil," "chemical,"	109
"computer," "electrical," "industrial," "mechanics," "mechanical,"	110
"metallurgical," "mining," "naval architectural and marine,"	111
"nuclear," and any other term commonly used by an institution of	112
higher learning to apply to graduates of an accredited engineering	113
curriculum.	114

(C) Nothing in this section shall be interpreted as	115
prohibiting the use, assumption, or advertisement of the title	116
"steam engineer" or "stationary engineer," by or on behalf of a	117
person licensed under Chapter 4739. of the Revised Code, or the	118
term "railroad engineer" or "locomotive engineer," by or on behalf	119
of a person authorized to operate a railroad locomotive, or the	120
term "operating engineer," by or on behalf of a person who	121
operates, maintains, repairs, or manufactures light or heavy	122
construction equipment.	123

Sec. 4733.03.  A state board of registration for professional	124
engineers and surveyors is hereby created to administer sections	125
4733.01 to 4733.23 of the Revised Codethis chapter. The board	126
shall consist of four professional engineers,at least one of whom	127
also is a professional surveyor, and one professional surveyor.	128
Members shall be appointed by the governor, with the advice and	129
consent of the senate. Terms of office shall be for five years,	130
commencing on the twenty-fifth day of September and ending on the	131
twenty-fourth day of September. Each member shall hold office	132
from the date of his appointment until the end of the term for	133
which he was appointed. Any member appointed to fill a vacancy	134
occurring prior to the expiration of the term for which histhe	135
member's predecessor was appointed shall hold office for the	136
remainder of suchthat term. Any member shall continue in office	137
subsequent to the expiration date of histhe member's term until	138
histhe member's successor takes office, or until a period of	139
sixty days has elapsed, whichever occurs first. Appointments to	140
the board shall be so limited that no more than one member shall	141
have served more than two consecutive terms. Every member of the	142
board shall receive a certificate of his appointment from the	143
governor and before beginning histhe member's term of office	144
shall file with the secretary of state histhe member's written	145
oath or affirmation for the faithful discharge of his official	146
dutyduties. The governor may remove any member for misconduct,	147
incompetency, neglect of duty, or for other sufficient cause.	148

Sec. 4733.06.  The state board of registration for	149
professional engineers and surveyors shall hold at least two	150
regular meetings each year. Special meetings shall be held at	151
suchthe time asprovided in the bylaws of the board may provide.	152
Notice of all meetings shall be given in suchthe manner as	153
provided for in the bylaws may provide. The board shall elect or	154
appoint annually from its members, the following officers: a	155
chairmanchairperson, a vice-chairmanvice-chairperson, and a	156
secretary. The board annually shall appoint an executive director.	157
A quorum of the board shall consist of not less than three	158
members, and no action at any meeting shall be taken without at	159
least three votes being in accord.	160

The secretaryexecutive director shall keep a true and	161
complete record of all proceedings of the board, and may employ	162
such clerical assistanceassistants as the board may deem	163
necessary.	164

Sec. 4733.07.  The state board of registration for	165
professional engineers and surveyors shall adopt all necessary	166
rules, regulations, and bylaws, in accordance with Chapter 119. of	167
the Revised Code, and not inconsistent with sections 4733.01 to	168
4733.23 of the Revised Codethis chapter, and the constitutions	169
and laws of this state or of the United States, to govern its	170
times and places of meetings for organization and reorganization,	171
for the holding of examinations, for fixing the length of terms of	172
its officers, and for governing all other matters requisite to the	173
exercise of its powers, the performance of its duties, and the	174
transaction of its business. The board shall adopt and have an	175
official seal. The board shall include among the rules adopted	176
governing the standards of practice of engineering, requirements	177
regarding financial responsibility and professional liability	178
insurance.	179

In carrying this chapter into effect sections 4733.01 to	180
4733.23 of the Revised Code, the board may hold hearings in	181
accordance with sections 119.01 to 119.13 of the Revised Code.	182

Sec. 4733.08.  All receipts of the state board of	183
registration for professional engineers and surveyors shall be	184
deposited in the state treasury to the credit of the occupational	185
licensing and regulatory fund. All vouchers of the board shall be	186
approved by the board chairperson or executive secretarydirector,	187
or both, as authorized by the board. The executive secretary	188
director and any clerical or other assistant of the board whom it	189
may designate shall give a surety bond to this state in such sum	190
as the board determines. The premiums on the bonds shall be	191
regarded as a proper and necessary expense of the board, and shall	192
be paid in the same manner as other expenditures of the board. The	193
executive secretarydirector shall receive an amount fixed	194
pursuant to section 124.152 of the Revised Code in addition to the	195
expenses provided for in section 4733.05 of the Revised Code. The	196
board may employ such clerical or other assistants as are	197
necessary for the proper performance of its work and may make	198
expenditures for any purpose which in the opinion of the board is	199
reasonably necessary for the proper performance of its duties.	200

Sec. 4733.09.  The state board of registration for	201
professional engineers and surveyors shall keep a record of its	202
proceedings and a record of all applications for registration.	203

The registration record shall show:

204

(A) The name, age, and residence of each applicant;

205

(B) The date of the application;

206

(C) The place of business of such applicant;

207

(D) His educational and other qualifications;

208

(E) Whether or not an examination was required;

209

(F) Whether the applicant was rejected;

210

(G) Whether a certificate of registration was granted;

211

(H) The date of the action of the board;

212

(I) Such other information as may be deemed necessary by the	213
boardOn an application provided by the board, applicants shall	214
provide information under oath, including the applicant's	215
education and experience sufficient for the board to evaluate the	216
credentials of the applicant pursuant to section 4733.11 of the	217
Revised Code.	218

The records of the board shall be prima-facie evidence of its	219
proceedings and a transcript thereof, duly certified by the	220
secretaryexecutive director under seal, shall be admissible in	221
evidence as if the original were produced.	222

Annually, as of the first day of July, the board shall submit	223
to the governor a report of its transactions of the preceding	224
year, and shall also transmit to himthe governor a complete	225
statement of the receipts and expenditures of the board, attested	226
by affidavits of its chairmanchairperson and its secretary	227
executive director.	228

Sec. 4733.11. Except as provided in divisions (A)(2),	229
(B)(3), and (4) of this section, the following shall be considered	230
as minimum evidence satisfactory to the(A)The state board of	231
registration for professional engineers and surveyors that the	232
shall consider an applicant isto be qualified for registration as	233
a professional engineer, or professional surveyor, respectivelyif	234
an applicant satisfies all of the requirements listed in either	235
division (A)(1) or (2) of this section as follows:	236

(A) As a professional engineer, either by:

237

(1)(a) Graduation from an approvedaccredited engineering	238
curriculum in engineering of four years or more in a recognized	239
school or college of engineering and a;	240

(b)A specific record of an additional four years or more of	241
practical experience in engineering work acceptable to the board,	242
not more than two years of which may be before graduation but	243
after the completion of the second year of college, indicating	244
that the applicant is competent to be placed in responsible charge	245
of such work and passing;	246

(c)Passing the prescribed written, or written and oral	247
examination;examinations under divisions (A) and (B) of section	248
4733.13 of the Revised Code.	249

(2) A record of eight years or more of practical engineering	250
experience of a character and grade acceptable to the board, at	251
least four years of said experience to be of a quality equivalent	252
to the education required in division (A)(1) of this section, and	253
an additional four years of practical experience in engineering	254
work of a nature indicating that the applicant is competent to be	255
placed in responsible charge of such work and passing the	256
prescribed written, or written and oral examination in	257
engineering. Applications filed after December 31, 1975, under	258
this subdivision shall not be considered as meeting the minimum	259
requirements for registration as a professional engineer. The	260
provisions of this paragraph do not affect professional surveyors	261
or persons seeking registration as professional surveyors in any	262
way either before or after December 31, 1975. Neither do these	263
provisions affect persons who are already registered, or persons	264
who have their application on file to become registered by	265
December 31, 1975 as professional engineers.	266

(3) The board may issue a certificate of registration as a	267
professional engineer to a person who is possessed of eminent and	268
recognized standing in the engineering field, provided the person	269
passes a special written, or written and oral examination, in lieu	270
of the examination prescribed in section 4733.13 of the Revised	271
Code, which special examination shall be designed to test the	272
applicant's knowledge, skill, and experience in his field of	273
engineering practice and provided the person has graduated from an	274
approved curriculum in engineering of four years or more in a	275
recognized school or college of engineering or has graduated from	276
an approved curriculum of four years or more in the physical or	277
engineering sciences, is not less than forty-five years of age,	278
and has a record of not less than twenty years lawful practice of	279
engineering, of which at least ten years has been in responsible	280
charge of outstanding engineering work, of a character acceptable	281
to the board.	282

(4) An applicant, having satisfactorily completed four	283
academic years or more(a)Graduation from a college curriculum in	284
engineering that is not approved by the engineering accreditation	285
commission of the accreditation board for engineering and	286
technology, or graduation from a college curriculum in engineering	287
technology, or in a related science approved by the board and	288
eightthat is accredited by the technical accreditation commission	289
of the accreditation board for engineering and technology;	290

(b)Eight years or more of progressivepractical experience	291
in engineering work acceptable to the board, not more than two	292
years of which may be before college graduation but after	293
completion of the second year of college, indicating that the	294
applicant is competent to be placed in responsible charge of such	295
work and passing;	296

(c)Passing the prescribed written, or written and oral,	297
examinationexaminations under divisions (A) and (B) of section	298
4733.13 of the Revised Code.	299

(B) AsThe state board of registration for professional	300
engineers and surveyors shall consider an applicant to be	301
qualified for registration as a professional surveyor, either by	302
if the applicant satisfies all of the requirements listed in	303
either division (B)(1) or (2) of this section as follows:	304

(1)(a) Graduation from an approved curriculum in surveying	305
of four years or more in a recognized school or college, and a;	306

(b)A specific record of an additional four years or more of	307
surveying office and field experience of a character acceptable to	308
the board, at least two years of which shall be after college	309
graduation, with at least two of thesethe four years in	310
responsible charge of this work in the surveying of land	311
boundaries under the direct supervision of a professional	312
surveyor, and passingwho may indicate in writing that the	313
applicant is competent to be placed in responsible charge of the	314
work;	315

(c)Passing the prescribed written, or written and oral,	316
examination;examinations under divisions (A) and (C) of section	317
4733.13 of the Revised Code.	318

(2)(a) Graduation from an approved curriculum in civil	319
engineering of four years or more in a recognized school or	320
college, successful;	321

(b) Successful completion of at least twenty-four quarter	322
hours, or equivalent semester or trimester hours, of approved	323
surveying courses in surveying directly and mapping arts and	324
sciences, except that courses successfully completed as prior	325
studies may be credited by the board toward this requirement, of	326
which at least eight quarter hours, or equivalent semester or	327
trimester hours, are in property surveying, and aof land	328
boundaries;	329

(c)A specific record of an additional four years or more of	330
surveying office and field experience of a character acceptable to	331
the board, at least two years of which shall be after college	332
graduation, with at least two of thesethe four years in	333
responsible charge of this work in surveying of land boundaries	334
under the direct supervision of a professional surveyor, and	335
passingwho may indicate in writing that the applicant is	336
competent to be placed in responsible charge of the work;	337

(d)Passing the prescribed written, or written and oral,	338
examination;examinations under divisions (A) and (C) of section	339
4733.13 of the Revised Code.	340

(3) Graduation from an approved curriculum in engineering	341
and surveying of four years or more in a recognized school or	342
college of engineering and a specific record of an additional four	343
years or more of practical experience in engineering and surveying	344
work, indicating that the applicant is competent to be placed in	345
responsible charge of such work and passing the prescribed	346
written, or written and oral, examination;	347

(4) A record of eight years or more of practical engineering	348
and surveying experience of a character and grade acceptable to	349
the board, at least four years of that experience to be of a	350
quality equivalent to the education required in division (B)(3) of	351
this section, and an additional four years of practical experience	352
in engineering and surveying work of a nature indicating that the	353
applicant is competent to be placed in responsible charge of such	354
work, and passing the prescribed written, or written and oral,	355
examination in surveying. Applications filed after December 31,	356
1992, under divisions (B)(3) and (4) of this section shall not be	357
considered as meeting the minimum requirements for registration as	358
a professional surveyor. This division does not affect persons	359
who are already registered, or persons who have their applications	360
on file to become registered by December 31, 1992, as professional	361
surveyors.	362

(5) The board may issue a certificate of registration as a	363
professional surveyor to a person who is possessed of eminent and	364
recognized standing in the surveying field, provided the person	365
passes a special written, or written and oral, examination, in	366
lieu of the prescribed examination, which special examination	367
shall be designed to test the applicant's knowledge, skill, and	368
experience in his field of surveying practice and provided the	369
person has graduated from an approved curriculum in surveying and	370
engineering of four years or more in a recognized school or	371
college, or has graduated from an approved curriculum of four	372
years or more in surveying and the physical or engineering	373
sciences, is not less than forty-five years of age, and has a	374
record of not less than twenty years' lawful practice of	375
surveying, of which at least ten years has been in responsible	376
charge of important and outstanding surveying work of a character	377
acceptable to the board.	378

(C) Engineering experience, for a professional engineer's	379
practical experience requirement, or surveying experience, for a	380
professional surveyor's practical experience requirement, in any	381
of the armed forces of the United States or civilian war services	382
shallmay be credited for registration,if the experience is	383
acceptable to the board.	384

(D) As used in this section "an approved curriculum in	385
engineering" is one which has been accredited by the engineering	386
accreditation commission of the accreditation board for	387
engineering and technology or one which has been approved by the	388
state board of registration for professional engineers and	389
surveyors as having satisfactory standing, and a "recognized	390
school or college of engineering" means any college or university	391
offering an approved curriculum in engineering. As used in this	392
section, "an approved curriculum in surveying" is one which has	393
been accredited by the related accreditation committee of the	394
accreditation board for engineering and technology or one which	395
has been approved by the state board of registration for	396
professional engineers and surveyors.	397

(E) No person is eligible for registration as a professional	398
engineer, or professional surveyor, who is not of good character	399
and reputation.	400

(F) In considering the qualifications of applicants,	401
responsible charge of engineering or surveying teaching may be	402
construed as responsible charge of engineering or surveying work,	403
respectively. The satisfactory completion of each year of an	404
approved curriculum in engineering and surveying in a school or	405
college approved by the board as having satisfactory standing,	406
without graduation, shall be considered as equivalent to a year of	407
experience for surveying applicants only. No applicant shall	408
receive credit for more than six years of engineering or surveying	409
experience because of educational qualifications. The mere	410
execution, as a contractor, of work designed by a professional	411
engineer or professional surveyor, or the supervision of the	412
construction of such work as a foreman or superintendent is not	413
deemed to be practical experience in engineering or surveying	414
work; unless such work involves engineering or surveying	415
practices, or the applicant presents evidence of additional	416
engineering or surveying experience, indicating that the applicant	417
is competent to be placed in responsible charge of engineering	418
work.	419

Applications filed after December 31, 1992, under division	420
(F) of this section shall not be considered as meeting the minimum	421
requirements for registration as a professional surveyor. This	422
paragraph does not affect persons who are already registered, or	423
persons who have their applications on file to become registered	424
by December 31, 1992, as professional surveyors.	425

(G) Except as provided in section 4733.19 of the Revised Code	426
and divisions (A)(3) and (B)(5) of this section, everyEvery	427
person applying for a certificate of registration as a	428
professional engineer or professional surveyor shall be required	429
to pass a written, or written and oral,the fundamentals	430
examination and the principles and practice examination as	431
provided in section 4733.13 of the Revised Code. In addition to	432
passing theeach requisite examination he,each applicant must	433
submit evidence, satisfactory to the board, that hethe applicant	434
has completed the eight years of training and practical experience	435
or eight years of practical experience required in division	436
(A)(1), (2), (B)(1), (2), (3), or (4) of this section.	437

(H) The board may permitshall require the applicant for a	438
certificate of registration as a professional engineer or	439
professional surveyor to take the prescribed examination in two	440
stagesexaminations. The first stage of the examination,known as	441
the fundamentals examination, may be taken by the applicant at any	442
time after hethe applicant has completed four years of the	443
required education and practical experienceunder division (A) or	444
(B) of this section, or, at the discretion of the board, an	445
applicant may be permitted to take the first stage of the	446
examination during the applicant's concluding term of an approved	447
curriculum in engineering or surveying of four years or more in a	448
recognized school or college of engineering.	449

(I) The first stage of the examination shall conform to	450
section 4733.13 of the Revised Code.	451

(J) When the applicant has passed the first stage of the	452
fundamentals examination he,the applicant shall be given an	453
appropriate certificate by the board showing histhe applicant's	454
status as an engineer intern or surveyor in trainingintern.	455

(K) The second stage of the examination shall conform to	456
division (B) of section 4733.13 of the Revised Code.	457

(L)(J) The applicant is not eligible to take the second	458
stage of the examination,known as the principles and practice	459
examination, until hethe applicant has satisfactorily completed	460
the requirements in division (A)(1), (2), (B)(1), (2), (3), or (4)	461
of this section and has passed the first stage of thefundamentals	462
examination. An applicant must take and pass the first stage of	463
the examination before being eligible to take the second stage of	464
the examination.	465

(M)(K) Any person having the necessary qualifications to	466
entitle himthe person to registration is eligible for such	467
registration though hethe person may not be practicing histhe	468
person's profession at the time of making his application.	469

Sec. 4733.12.  (A) Applications for registration as a	470
professional engineer or professional surveyor shall be on forms	471
prescribed and furnished by the state board of registration for	472
professional engineers and surveyors, shall contain statements	473
made under oath setting forth the applicant's education,and a	474
detailed summary of his technical work, and the branch in which he	475
specializesthe applicant's engineering or surveying experience as	476
appropriate, and shall contain not less than five references, of	477
whom three or more shall be professional engineers or professional	478
surveyors having personal knowledge of histhe applicant's	479
engineering or surveying experience. The application shall be	480
accompanied by ana nonrefundable application fee, which shall be	481
established by the board at an amount adequate to cover the costs	482
of processing the application.	483

TheA nonrefundable examination fee for professional	484
engineers or professional surveyors, which shall accompany the	485
"notice of intention" for each scheduled first stagefundamentals	486
or principles and second stagepractice examination, shall be	487
established by the board at an amount adequate to cover the	488
expense of procuring, administering, and grading the examination	489
examinations. TheA nonrefundable registration fee, which shall be	490
paid after the applicant has passed both examinations, shall be	491
established by the board at an amount adequate to cover the	492
expense of issuing a certificate of registration.	493

The examination fee for professional surveyors, which shall	494
accompany the "notice of intention" for each scheduled first stage	495
and second stage examination, shall be established by the board at	496
an amount adequate to cover the expense of procuring,	497
administering, and grading the examination. The registration fee,	498
which shall be paid after the applicant has passed both	499
examinations, shall be established by the board at an amount	500
adequate to cover the expense of issuing a certificate of	501
registration.	502

(B) The board shall establish thea fee for a certificate of	503
authorization issued under division (F) of section 4733.16 of the	504
Revised Code in an amount not to exceed fifty dollars and thea	505
fee for annual renewal of a certificate of authorization, not to	506
exceed twenty-five dollars. The fee for a duplicate certificate	507
of authorization is five dollars.	508

Sec. 4733.13.  (A) When written or written and oral	509
examinations are required as provided by section 4733.11 of the	510
Revised Code, they shall be held at sucha time and place as	511
specified by the state board of registration for professional	512
engineers and surveyors specifies in rules adopted pursuant to	513
section 4733.03 of the Revised Code. The examination for	514
engineering and the methods of procedureexaminations shall test	515
the engineering applicant's knowledge to perform engineering	516
professional engineering or surveying services and to design and	517
supervise engineering works, which shall insure the safety of	518
life, health, and property, except as otherwise provided in	519
division (A)(3) of section 4733.11 of the Revised Code. The first	520
stage. An examination referred to as the fundamentals of	521
engineering or as the fundamentals of surveying examination shall	522
test the applicant's knowledge of the fundamentals of engineering.	523
The board may examine the applicant's knowledge of subjects as the	524
board selects from the published curricula of the engineering	525
colleges in Ohio which have been approved by the boardor	526
surveying as appropriate.	527

(B) For the second stageAn examination referred to as the	528
principles and practice of engineering examination in engineering	529
the applicant shall be examined intest the applicant's knowledge	530
of the major branch or branches of engineering in which hethe	531
applicant specializes. For the purpose of this section, the major	532
branches of engineering are all those branches in which	533
engineering degrees are conferred by any of the approved	534
engineering colleges of this state. Applicants who specialize in	535
a subbranch of engineering shall be examined in that major branch	536
of engineering of which such subbranch forms a partexaminations	537
are offered by the board or the national council of examiners for	538
engineering and surveying.	539

(C) The examinations for surveying shall test the applicant's	540
knowledge and ability to perform surveying services which affect	541
the safety of life, health, and property, except as otherwise	542
provided in division (B)(3) of section 4733.11 of the Revised	543
Code. The first stage examination shall test the applicant's	544
knowledge of the fundamentals of surveying.	545

(D) For the second stageA principles and practice of	546
surveying examination in surveying, the applicant shall be	547
examined intest the applicant's knowledge of surveying and the	548
laws and practices applicable to the state of Ohio.	549

(E)(D) An applicant failing an examination may apply for	550
re-examination. One re-examination only will be granted an	551
applicant in any calendar year. The fee for each re-examination	552
shall be the same as the regular examination fee.	553

Sec. 4733.14.  The state board of registration for	554
professional engineers and surveyors shall issue a certificate of	555
registration, upon payment of the registration fee to any,	556
register and issue a certificate showing initial registration of	557
an applicant who, in the opinion of the board, has satisfactorily	558
met all the requirements of sections 4733.01 to 4733.23 of the	559
Revised Codethis chapter. In the case of a registered	560
professional engineer, the certificate shall authorize the	561
practice of "professional engineering," and in the case of a	562
registered professional surveyor, the certificate shall authorize	563
the practice of "professional surveying." Each registrant of this	564
state who holds an unrevoked or unexpired certificate of	565
registration as a professional engineer or professional surveyor	566
in any branch of engineering or surveying on November 1, 1953, is	567
entitled to all the rights and privileges of a registered	568
professional engineer or professional surveyor while the said	569
certificate remains unrevoked or unexpired. Certificates of	570
registration shall show the full name of the registrant, shall	571
have a serial number, and shall be signed by the chairman	572
chairperson and the secretary of the board under seal of the	573
board.	574

The issuance of a certificate of registrationRegistration by	575
the board shall be evidence that the person named therein is	576
entitled to all the rights and privileges of a registered	577
professional engineer, or of a registered professional surveyor,	578
while the said certificateregistration remains unrevoked or	579
unexpired.	580

Each registrant may, upon completing registration, obtain a	581
seal of the design authorized by the board, bearing the	582
registrant's name and the legend, "registered professional	583
engineer," or "registered professional surveyor," provided,	584
however, that any registered surveyor's seal obtained prior to the	585
amendment of this section shall remain as a legal seal for any	586
registrant who was registered as a "registered surveyor." Plans,	587
specifications, plats, and reports,and all other engineering or	588
surveying work products issued by a registrant shall be stamped	589
with the seal during the life of the registrant's certificateor	590
bear a computer-generated seal in accordance with this section,	591
and be signed and dated by the registrant, but no person shall	592
stamp or, seal,or sign any documents with said seal after the	593
certificateregistration of the registrant named thereon has	594
expired or the registration has been revoked or suspended, unless	595
said certificatethe registration has been renewed or reissued.	596

Except when documents are transmitted electronically to	597
clients or to governmental agencies, computer-generated seals may	598
be used on final original drawings on the condition that a	599
handwritten signature and date is placed adjacent to or across the	600
seal. Plans, specifications, plats, reports, and all other	601
engineering or surveying work products that are transmitted	602
electronically to a client or a governmental agency shall have the	603
computer-generated seal removed from the electronic file before	604
transmittal. An electronic transmission with no	605
computer-generated seal shall have the following inserted in place	606
of the signature and date: "This document was originally issued by	607
.................... (name of registrant) on .......... (date).	608
This document is not considered a sealed document."	609

Sec. 4733.15.  (A) Certificates of registration expire	610
Registration expires annually on the last day of December	611
following their issuanceinitial registration or renewal of	612
registration and becomebecomes invalid on that date unless	613
renewed pursuant to this section and the standard renewal	614
procedure of sections 4745.01 to 4745.03 of the Revised Code.	615
Renewal may be effected at any time prior to the date of	616
expiration for a period of one year by the applicant's paying to	617
the treasurer of state a fee of sixteen dollars for a renewal of a	618
certificate of registration as either a professional engineer or	619
professional surveyor, and twenty-one dollars for the renewal of	620
the certificates of an individual who is registered as both a	621
professional engineer and professional surveyor. The failure on	622
the part of any registrant to renew a certificate prior to	623
expiration whenWhen notified as required in this section, a	624
registrant's failure to renew registration shall not deprive such	625
personthe registrant of the right of renewal within the following	626
twelve months, but the fee to be paid for the renewal ofrenew a	627
certificateregistration within twelve months after expiration	628
shall be increased fifty per cent. The state board of	629
registration for professional engineers and surveyors may, upon	630
request, waive the payment of the renewal fees of a registrant	631
during the period when the registrant is on active duty in	632
connection with any branch of the armed forces of the United	633
States.	634

(B) Each certificate of authorization issued pursuant to	635
section 4733.16 of the Revised Code shall authorize the holder to	636
provide professional engineering andor professional surveying	637
services, through the registered professional engineer or	638
professional surveyor designated as being in responsible charge of	639
the professional engineering andor professional surveying	640
practice, from the date of issuance until the last day of June	641
next succeeding the date upon which the certificate was issued,	642
unless the certificate has been revoked or suspended for cause as	643
provided in section 4733.20 of the Revised Code or has been	644
suspended pursuant to section 3123.47 of the Revised Code.	645

(C) If a certificate is not reneweda registrant fails to	646
renew registration within one year from the date of expiration,	647
its renewal may be effected under rules promulgated by the board	648
regarding requirements for reexamination or reapplication, and	649
reinstatement penalty fees.	650

Sec. 4733.18.  (A) The state board of registration for	651
professional engineers and surveyors may issueauthorize a	652
temporary certification to individuals under the following	653
conditions and qualifications:	654

(1) A person not a resident of and having no established	655
place of business in this state, practicing or offering to	656
practice the profession of engineering or surveying in Ohio, when	657
such practice does not exceed sixty continuous calendar days in	658
any calendar year; provided such person is legally qualified by	659
registration to practice the said profession in the person's own	660
state in which the requirements and qualifications for obtaining a	661
certificate of registration are not lower than those specified in	662
this chapter. The board shall establish the fee for a temporary	663
certificate of registration issued under division (A)(1) of this	664
section.	665

(2) A person not a resident of and having no established	666
place of business in this state, or who has recently become a	667
resident thereof, practicing or offering to practice herein for	668
more than sixty days in any calendar year the profession of	669
engineering or surveying, if the personregistration in the case	670
of an individual who has filed with the state board of	671
registration for professional engineers and surveyors an	672
application for a certificate oftemporary registration and has	673
paid the required fee, such.The temporary certificate of	674
registration to continuecontinues only for suchthe time as the	675
board requires for the consideration of the application for	676
registration;, provided such a person is legally qualified to	677
practice that profession in the person's own state in which the	678
requirements and qualifications for obtaining a certificate of	679
registration are not lower than those specified in sections	680
4733.01 to 4733.23 of the Revised Code;this chapter.	681

(B)(1) The following persons are exempt from sections	682
4733.01 to 4733.21 of the Revised Codethis chapter:	683

(1)(a) An employee or a subordinate of a person holding a	684
certificate of registrationregistered under this chapter or an	685
employee of a person holding temporary certificationregistration	686
under division (A)(1) of this section or exempted from	687
registration by division (A)(2) of this section;, provided the	688
employee's or subordinate's duties do not include responsible	689
charge of engineering or surveying work;	690

(2)(b) Officers and employees of the government of the	691
United States while engaged within this state in the practice of	692
engineering or surveying, for that government;	693

(3)(c) An engineer engaged solely as an officer of a	694
privately owned public utility.	695

(4)(2) This chapter does not require registration for the	696
purpose of practicing professional engineering, or professional	697
surveying by an individual, firm, or corporation on property owned	698
or leased by that individual, firm, or corporation unless the same	699
involves the public welfare or the safeguarding of life, health,	700
or property, or for the performance of engineering or surveying	701
which relates solely to the design or fabrication of manufactured	702
products.	703

(C) Nothing in this chapter prevents persons other than	704
engineers from preparing plans, drawings, specifications, or data,	705
from filing applications for building permits, or from obtaining	706
those permits for buildings or structures that are exempted from	707
the requirements of sections 3781.06 to 3781.18 and 3791.04 of the	708
Revised Code, that are subject to the requirements of section	709
3781.181 of the Revised Code, that are erected as one-, two-, or	710
three-family units or structures within the meaning of the term	711
"industrialized unit" as provided in section 3781.06 of the	712
Revised Code.	713

(D) Nothing in this chapter prevents persons other than	714
engineers from preparing drawings or data, from filing	715
applications for building permits, or from obtaining those permits	716
for the installation of replacement equipment or systems that are	717
similar in type or capacity to the equipment or systems being	718
replaced, and for any improvement, alteration, repair, painting,	719
decorating, or other modification of any buildings or structures	720
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	721
Code where the building official determines that no plans or	722
specifications are required for approval.	723

Sec. 4733.19. (A) Except as provided in division (B) of	724
this section:	725

(1) A person holding a certificate of registration	726
registered or licensed to engage in the practice of engineering or	727
surveying issued to him by a proper authority of a state,	728
territory, or possession of the United States, or the District of	729
Columbia, who, in the opinion of the state board of registration	730
for professional engineers and surveyors, meets the requirements	731
of sections 4733.01 to 4733.23 of the Revised Codethis chapter,	732
based on verified evidence, may, upon application and payment of	733
the established fee, be registered without further examination.	734

(2) A person holding a certificate of qualification issued	735
by the national council of engineering examiners committee on	736
national engineering certification, whose qualifications, in the	737
opinion of the board, meet the requirements of sections 4733.01 to	738
4733.23 of the Revised Code, may upon application and payment of	739
the established fee, be registered without further examination.	740

(B) Any person who seeks registration as a professional	741
surveyor under division (A) of this section must pass a four-hour	742
two-hour professional practice examination, devoted to the laws	743
and practices of this state prior to receiving such registration.	744

Sec. 4733.20.  (A) ThePursuant to this section, the state	745
board of registration for professional engineers and surveyors may	746
fine, revoke, suspend, refuse to renew, or limit the certificate	747
of registration of any registrant or the certificate of	748
authorization of any holder of such certificate, or reprimand or,	749
place on probation the holder of a certificate of registration or	750
the holder of a,deny an applicant the opportunity to sit for an	751
examination or to have an examination scored, or impose any	752
combination of these disciplinary measures on any applicant or	753
registrant, or revoke the certificate of authorization who isof	754
any holder found guilty ofto be or to have been engaged in any	755
one or more of the following acts or practices:	756

(1) The practice of anyAny fraud or deceit in obtaining a	757
certificate of registration or a certificate of authorization;	758

(2) Any gross negligence, incompetency, or misconduct in the	759
practice of professional engineering or professional surveying as	760
a registered professional engineer or registered professional	761
surveyor;	762

(3) Aiding or abetting any person to practice professional	763
engineering or professional surveying illegally in the state;	764

(4) AnyConviction of or plea of guilty to any felony or	765
crime involving moral turpitude;	766

(5) Violation of the code of ethicsthis chapter or any rule	767
adopted by the state board of registration for professional	768
engineers and professional surveyors;	769

(6) Violation of any condition of limitation placed by the	770
board upon a certificate ofthe registration or a certificate of	771
authorizationof any professional engineer or professional	772
surveyor;	773

(7) Failure to abide by or comply with examination	774
instructions.	775

(B) The board shall cause to have prepared and shall adopt a	776
code of ethics, which it shall be mademake known to every	777
registrant. The board may revise and amend this code of ethics	778
from time to time and shall notify each registrant, in writing, of	779
such revisions or amendmentsin accordance with Chapter 119. of	780
the Revised Code.	781

(C) Any person may prefer charges offile with the board a	782
complaint alleging fraud, deceit, gross negligence, incompetency,	783
misconduct, or violation of the code of ethics against any	784
registrant holding a certificate of registration or against any	785
corporation, firm, partnership, or association holding a	786
certificate of authorization. Such chargesthis chapter or any	787
rule adopted by the board pursuant to section 4733.07 of the	788
Revised Code. Complaints shall be in writing, and shall be sworn	789
to by the person, or persons, making them and shall be filed with	790
the secretary of the board.	791

(D) All charges shall be investigated and reviewed by the	792
board within three months after the date on which they have been	793
preferred, after which all charges, unless dismissed by the board	794
as unfounded or trivial, shall be heard by the board at a hearing	795
which shall be in accordance with Chapter 119. of the Revised Code	796
The board may investigate any registrant or holder of a	797
certificate of authorization to determine whether the registrant	798
or certificate holder is or has been engaged in any one or more of	799
the acts or practices listed in division (A) of this section. The	800
board, by subpoena, may compel witnesses to appear and testify in	801
relation to any investigation under this chapter and may require,	802
by subpoena duces tecum, the production and copying of any book,	803
paper, or document pertaining to an investigation. If a person	804
fails to comply with the subpoena or subpoena duces tecum, the	805
board may apply to the Franklin county court of common pleas for	806
an order compelling the person to comply or, for the failure to do	807
so, to be held in contempt of court.	808

(E) The time and place for such hearing shall be fixed by the	809
board and a copy of the charges, together with a notice of the	810
time and place of the hearing, shall be personally served upon the	811
individual registrant or the agent as provided for in section	812
1701.07 of the Revised Code of a corporation holding a certificate	813
of authorization, or mailed to the last known address of such	814
individual registrant or any firm, partnership, or association	815
holding a certificate of authorization. At any hearing the	816
accused registrant or holder of a certificate of authorization	817
shall have the right to appear in person or by counsel, or both,	818
to cross-examine witnesses in his or its defense, and to produce	819
evidence and witnesses in his or its own defenseIf the board	820
determines there is cause to believe that an applicant,	821
registrant, or a holder of a certificate of authorization is or	822
has been engaged in any act or practice listed in division (A) of	823
this section, the board shall issue a written charge and notify	824
the applicant, registrant, or certificate holder of the right to	825
an adjudication hearing, in accordance with Chapter 119. of the	826
Revised Code. If the accused applicant, registrant, or holder of	827
a certificate of authorization fails or refuses to appear, or does	828
not request a hearing within the time period specified in Chapter	829
119. of the Revised Code, the board may proceed to hear and	830
determine the validity of the chargescharge and issue an	831
adjudication order in accordance with Chapter 119. of the Revised	832
Code.	833

(F) If, after such hearing, a majority of the board votes in	834
favor of sustaining the chargescharge, the board shall reprimand	835
impose one or any combination of the following disciplinary	836
measures:	837

(1)Reprimanding the individual or suspend, refuse;

838

(2)Imposing a fine on the individual of not more than one	839
thousand dollars for each offense committed by the individual;	840

(3)Refusing to renew, suspending, or revoke his certificate	841
ofrevoking the individual's registration, or revoking the	842
holder's certificate of authorization;	843

(4)Refusing to allow an applicant to take an examination;

844

(5)Refusing to score an applicant's examination.

845

The board, for reasons it considers sufficientgood cause	846
shown, may reissue a certificate of registration toreregister any	847
person or reissue a certificate of authorization to any	848
corporation, firm, partnership, or association,or limited	849
liability company whose registration or certificate has been	850
revoked or suspended.	851

(G) Any individual registrant having a certificate of	852
registration, or a corporation, firm, partnership, or association	853
having a certificate of authorization,applicant, registrant, or	854
certificate holder aggrieved by any action of the board in fining	855
the registrant or denying, suspending, refusing to renew, or	856
revoking his certificate ofthe registrant's registration or itsa	857
certificate of authorization, or denying an applicant the	858
opportunity to take an examination or to have an examination	859
scored may appeal such action to the proper court under section	860
119.12 of the Revised Code.	861

(H) A new certificate of registration, or certificate of	862
authorization to replace any certificate revoked, lost, destroyed,	863
or mutilated, may be issued, subject to the rules of the board,	864
andupon payment of a fee established by the board at an amount	865
adequate to cover the expense of issuing a duplicate certificate	866
of registrationauthorization.	867

Sec. 4733.201.  (A) If the state board of registration for	868
professional engineers and surveyors determines that a person not	869
registered under this chapter is, has been, or is about to be	870
engaged in activities for which registration is required under	871
this chapter, the board may issue a notice to that person,	872
offering the person an adjudication hearing to show why the person	873
should not be subject to registration under this chapter.	874

(B)If the board, after a hearing in accordance with Chapter	875
119. of the Revised Code or after the time expires within which a	876
person may request a hearing under Chapter 119. of the Revised	877
Code, determines that the activities in which the person is, has	878
been, or is about to be engaged subject the person to the	879
registration requirements of this chapter, the board may issue an	880
adjudication order that orders the person to cease and desist from	881
such activities. The order shall identify the activities in which	882
the person is, has been, or is about to be engaged for which	883
registration is required.	884

(C)Any party aggrieved by an action of the board in issuing	885
an order under this section may appeal the action to the court of	886
common pleas under section 119.12 of the Revised Code.	887

Sec. 4733.22.  No person shall practice, or offer to	888
practice, the profession of engineering or the profession of	889
surveying without being registered or exempted in accordance with	890
sections 4733.01 to 4733.23 of the Revised Codethis chapter, or	891
present or attempt to use as histhe person's own the certificate	892
of registration, the certificate of authorization, or the seal of	893
another, or give any false or forged evidence of any kind to the	894
state board of registration for professional engineers and	895
surveyors or to any member thereof in obtaining a certificate of	896
registration or a certificate of authorization, or falsely	897
impersonate any other registrant or holder of a certificate of	898
authorization of like or different name, or attempt to use an	899
expired,suspended, or revoked certificate of registration or	900
certificate of authorization, or otherwise violate such sections	901
this chapter.	902

Sec. 4733.23. All officers of the law of this state, or of	903
any political subdivision thereofNo public authority, as defined	904
in division (A) of section 153.65 of the Revised Code, shall	905
enforce sections 4733.01 to 4733.22, inclusive, of the Revised	906
Code, and prosecuteaccept or use any engineering or surveying	907
plan from any persons violating sameperson not registered as a	908
professional engineer or professional surveyor under this chapter.	909
The state board of registration for professional engineers and	910
surveyors is hereby authorized to apply for relief by injunction	911
or restraining order to enjoin or restrain a person from the	912
commission of any act which is prohibited by sections 4733.01 to	913
4733.22, inclusive, of the Revised Codethis chapter. The remedy	914
provided by this section shall be in addition to any other remedy	915
provided by law. The attorney general or histhe attorney	916
general's designated assistant shall act as legal adviser of the	917
board and render such legal assistance as may be necessary.	918

Sec. 4733.27.  On receipt of a notice pursuant to section	919
3123.43 of the Revised Code, the state board of registration for	920
engineers and surveyors shall comply with sections 3123.41 to	921
3123.50 of the Revised Code and any applicable rules adopted under	922
section 3123.63 of the Revised Code with respect to a certificate	923
registration and certificates of authorization issued pursuant to	924
this chapter.	925

Section 2.  That existing sections 4703.32, 4733.01, 4733.02,	926
4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11,	927
4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20,	928
4733.22, 4733.23, and 4733.27 and section 4733.24 of the Revised	929
Code are hereby repealed.	930