REPRESENTATIVES Lendrum, Hollister, Webster, Brinkman, Carmichael, Manning, Damschroder, Redfern, Coates, Schmidt, Hartnett, DePiero, Fessler, G. Smith, Flowers, Collier, Schneider, Widowfield, Grendell, Sferra, Carano, Latell, Key, Barnes, Hagan, Olman, Latta, Woodard, Salerno

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 and to repeal section 4733.24 of the

5

Revised Code to make changes to the engineer and

6

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 of the Revised Code be amended to	11
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 shallmay 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 completed in addition to,	242
and not overlapping in time, any school work completed under	243
division (A)(1)(a) of this section that is acceptable to the	244
board, not more than two years of which may be before graduation	245
but after the completion of the second year of college, indicating	246
that the applicant is competent to be placed in responsible charge	247
of such work and passing;	248

(c)Passing the prescribed written, or written and oral	249
examination;examinations under divisions (A) and (B) of section	250
4733.13 of the Revised Code.	251

(2) A record of eight years or more of practical engineering	252
experience of a character and grade acceptable to the board, at	253
least four years of said experience to be of a quality equivalent	254
to the education required in division (A)(1) of this section, and	255
an additional four years of practical experience in engineering	256
work of a nature indicating that the applicant is competent to be	257
placed in responsible charge of such work and passing the	258
prescribed written, or written and oral examination in	259
engineering. Applications filed after December 31, 1975, under	260
this subdivision shall not be considered as meeting the minimum	261
requirements for registration as a professional engineer. The	262
provisions of this paragraph do not affect professional surveyors	263
or persons seeking registration as professional surveyors in any	264
way either before or after December 31, 1975. Neither do these	265
provisions affect persons who are already registered, or persons	266
who have their application on file to become registered by	267
December 31, 1975 as professional engineers.	268

(3) The board may issue a certificate of registration as a	269
professional engineer to a person who is possessed of eminent and	270
recognized standing in the engineering field, provided the person	271
passes a special written, or written and oral examination, in lieu	272
of the examination prescribed in section 4733.13 of the Revised	273
Code, which special examination shall be designed to test the	274
applicant's knowledge, skill, and experience in his field of	275
engineering practice and provided the person has graduated from an	276
approved curriculum in engineering of four years or more in a	277
recognized school or college of engineering or has graduated from	278
an approved curriculum of four years or more in the physical or	279
engineering sciences, is not less than forty-five years of age,	280
and has a record of not less than twenty years lawful practice of	281
engineering, of which at least ten years has been in responsible	282
charge of outstanding engineering work, of a character acceptable	283
to the board.	284

(4) An applicant, having satisfactorily completed four	285
academic years or more(a)Graduation from a college curriculum in	286
engineering that is not approved by the engineering accreditation	287
commission of the accreditation board for engineering and	288
technology, or graduation from a college curriculum in engineering	289
technology, or in a related science approved by the board and	290
eightthat is accredited by the technical accreditation commission	291
of the accreditation board for engineering and technology;	292

(b) Eight years or more of progressivepractical experience	293
in engineering work completed in addition to, and not overlapping	294
in time, any school work completed under division (A)(2)(a) of	295
this section that is acceptable to the board, not more than two	296
years of which may be before college graduation but after	297
completion of the second year of college, indicating that the	298
applicant is competent to be placed in responsible charge of such	299
work and passing;	300

(c)Passing the prescribed written, or written and oral,	301
examinationexaminations under divisions (A) and (B) of section	302
4733.13 of the Revised Code.	303

(B) AsThe state board of registration for professional	304
engineers and surveyors shall consider an applicant to be	305
qualified for registration as a professional surveyor, either by	306
if the applicant satisfies all of the requirements listed in	307
either division (B)(1) or (2) of this section as follows:	308

(1)(a) Graduation from an approved curriculum in surveying	309
of four years or more in a recognized school or college, and a;	310

(b)A specific record of an additional four years or more of	311
surveying office and field experience completed in addition to,	312
and not overlapping in time, any school work completed under	313
division (B)(1)(a) of this section that is of a character	314
acceptable to the board, at least two years of which shall be	315
after college graduation, with at least two of thesethe four	316
years in responsible charge of this work in the surveying of land	317
boundaries under the direct supervision of a professional	318
surveyor, and passingwho may indicate in writing that the	319
applicant is competent to be placed in responsible charge of the	320
work;	321

(c)Passing the prescribed written, or written and oral,	322
examination;examinations under divisions (A) and (C) of section	323
4733.13 of the Revised Code.	324

(2)(a) Graduation from an approved curriculum in civil	325
engineering of four years or more in a recognized school or	326
college, successful;	327

(b) Successful completion of at least twenty-four quarter	328
hours, or equivalent semester or trimester hours, of approved	329
surveying courses in surveying directly and mapping arts and	330
sciences, except that courses successfully completed as prior	331
studies may be credited by the board toward this requirement, of	332
which at least eight quarter hours, or equivalent semester or	333
trimester hours, are in property surveying, and aof land	334
boundaries;	335

(c)A specific record of an additional four years or more of	336
surveying office and field experience completed in addition to,	337
and not overlapping in time, any school work completed under	338
division (B)(2)(a) of this section that is of a character	339
acceptable to the board, at least two years of which shall be	340
after college graduation, with at least two of thesethe four	341
years in responsible charge of this work in surveying of land	342
boundaries under the direct supervision of a professional	343
surveyor, and passingwho may indicate in writing that the	344
applicant is competent to be placed in responsible charge of the	345
work;	346

(d)Passing the prescribed written, or written and oral,	347
examination;examinations under divisions (A) and (C) of section	348
4733.13 of the Revised Code.	349

(3) Graduation from an approved curriculum in engineering	350
and surveying of four years or more in a recognized school or	351
college of engineering and a specific record of an additional four	352
years or more of practical experience in engineering and surveying	353
work, indicating that the applicant is competent to be placed in	354
responsible charge of such work and passing the prescribed	355
written, or written and oral, examination;	356

(4) A record of eight years or more of practical engineering	357
and surveying experience of a character and grade acceptable to	358
the board, at least four years of that experience to be of a	359
quality equivalent to the education required in division (B)(3) of	360
this section, and an additional four years of practical experience	361
in engineering and surveying work of a nature indicating that the	362
applicant is competent to be placed in responsible charge of such	363
work, and passing the prescribed written, or written and oral,	364
examination in surveying. Applications filed after December 31,	365
1992, under divisions (B)(3) and (4) of this section shall not be	366
considered as meeting the minimum requirements for registration as	367
a professional surveyor. This division does not affect persons	368
who are already registered, or persons who have their applications	369
on file to become registered by December 31, 1992, as professional	370
surveyors.	371

(5) The board may issue a certificate of registration as a	372
professional surveyor to a person who is possessed of eminent and	373
recognized standing in the surveying field, provided the person	374
passes a special written, or written and oral, examination, in	375
lieu of the prescribed examination, which special examination	376
shall be designed to test the applicant's knowledge, skill, and	377
experience in his field of surveying practice and provided the	378
person has graduated from an approved curriculum in surveying and	379
engineering of four years or more in a recognized school or	380
college, or has graduated from an approved curriculum of four	381
years or more in surveying and the physical or engineering	382
sciences, is not less than forty-five years of age, and has a	383
record of not less than twenty years' lawful practice of	384
surveying, of which at least ten years has been in responsible	385
charge of important and outstanding surveying work of a character	386
acceptable to the board.	387

(C) Engineering experience, for a professional engineer's	388
practical experience requirement, or surveying experience, for a	389
professional surveyor's practical experience requirement, in any	390
of the armed forces of the United States or civilian war services	391
shallmay be credited for registration,if the experience is	392
acceptable to the board.	393

(D) As used in this section "an approved curriculum in	394
engineering" is one which has been accredited by the engineering	395
accreditation commission of the accreditation board for	396
engineering and technology or one which has been approved by the	397
state board of registration for professional engineers and	398
surveyors as having satisfactory standing, and a "recognized	399
school or college of engineering" means any college or university	400
offering an approved curriculum in engineering. As used in this	401
section, "an approved curriculum in surveying" is one which has	402
been accredited by the related accreditation committee of the	403
accreditation board for engineering and technology or one which	404
has been approved by the state board of registration for	405
professional engineers and surveyors.	406

(E) No person is eligible for registration as a professional	407
engineer, or professional surveyor, who is not of good character	408
and reputation.	409

(F) In considering the qualifications of applicants,	410
responsible charge of engineering or surveying teaching may be	411
construed as responsible charge of engineering or surveying work,	412
respectively. The satisfactory completion of each year of an	413
approved curriculum in engineering and surveying in a school or	414
college approved by the board as having satisfactory standing,	415
without graduation, shall be considered as equivalent to a year of	416
experience for surveying applicants only. No applicant shall	417
receive credit for more than six years of engineering or surveying	418
experience because of educational qualifications. The mere	419
execution, as a contractor, of work designed by a professional	420
engineer or professional surveyor, or the supervision of the	421
construction of such work as a foreman or superintendent is not	422
deemed to be practical experience in engineering or surveying	423
work; unless such work involves engineering or surveying	424
practices, or the applicant presents evidence of additional	425
engineering or surveying experience, indicating that the applicant	426
is competent to be placed in responsible charge of engineering	427
work.	428

Applications filed after December 31, 1992, under division	429
(F) of this section shall not be considered as meeting the minimum	430
requirements for registration as a professional surveyor. This	431
paragraph does not affect persons who are already registered, or	432
persons who have their applications on file to become registered	433
by December 31, 1992, as professional surveyors.	434

(G) Except as provided in section 4733.19 of the Revised Code	435
and divisions (A)(3) and (B)(5) of this section, everyEvery	436
person applying for a certificate of registration as a	437
professional engineer or professional surveyor shall be required	438
to pass a written, or written and oral,the fundamentals	439
examination and the principles and practice examination as	440
provided in section 4733.13 of the Revised Code. In addition to	441
passing theeach requisite examination he,each applicant must	442
submit evidence, satisfactory to the board, that hethe applicant	443
has completed the eight years of training and practical experience	444
or eight years of practical experience required in division	445
(A)(1), (2), (B)(1), (2), (3), or (4) of this section.	446

(H) The board may permitshall require the applicant for a	447
certificate of registration as a professional engineer or	448
professional surveyor to take the prescribed examination in two	449
stagesexaminations. The first stage of the examination,known as	450
the fundamentals examination, may be taken by the applicant at any	451
time after hethe applicant has completed four years of the	452
required education and practical experienceunder division (A) or	453
(B) of this section, or, at the discretion of the board, an	454
applicant may be permitted to take the first stage of the	455
examination during the applicant's concluding term of an approved	456
curriculum in engineering or surveying of four years or more in a	457
recognized school or college of engineering.	458

(I) The first stage of the examination shall conform to	459
section 4733.13 of the Revised Code.	460

(J) When the applicant has passed the first stage of the	461
fundamentals examination he,the applicant shall be given an	462
appropriate certificate by the board showing histhe applicant's	463
status as an engineer intern or surveyor in trainingintern.	464

(K) The second stage of the examination shall conform to	465
division (B) of section 4733.13 of the Revised Code.	466

(L)(J) The applicant is not eligible to take the second	467
stage of the examination,known as the principles and practice	468
examination, until hethe applicant has satisfactorily completed	469
the requirements in division (A)(1), (2), (B)(1), (2), (3), or (4)	470
of this section and has passed the first stage of thefundamentals	471
examination. An applicant must take and pass the first stage of	472
the examination before being eligible to take the second stage of	473
the examination.	474

(M)(K) Any person having the necessary qualifications to	475
entitle himthe person to registration is eligible for such	476
registration though hethe person may not be practicing histhe	477
person's profession at the time of making his application.	478

Sec. 4733.12.  (A) Applications for registration as a	479
professional engineer or professional surveyor shall be on forms	480
prescribed and furnished by the state board of registration for	481
professional engineers and surveyors, shall contain statements	482
made under oath setting forth the applicant's education,and a	483
detailed summary of his technical work, and the branch in which he	484
specializesthe applicant's engineering or surveying experience as	485
appropriate, and shall contain not less than five references, of	486
whom three or more shall be professional engineers or professional	487
surveyors having personal knowledge of histhe applicant's	488
engineering or surveying experience. The application shall be	489
accompanied by ana nonrefundable application fee, which shall be	490
established by the board at an amount adequate to cover the costs	491
of processing the application.	492

TheA nonrefundable examination fee for professional	493
engineers or professional surveyors, which shall accompany the	494
"notice of intention" for each scheduled first stagefundamentals	495
or principles and second stagepractice examination, shall be	496
established by the board at an amount adequate to cover the	497
expense of procuring, administering, and grading the examination	498
examinations. TheA nonrefundable registration fee, which shall be	499
paid after the applicant has passed both examinations, shall be	500
established by the board at an amount adequate to cover the	501
expense of issuing a certificate of registration.	502

The examination fee for professional surveyors, which shall	503
accompany the "notice of intention" for each scheduled first stage	504
and second stage examination, shall be established by the board at	505
an amount adequate to cover the expense of procuring,	506
administering, and grading the examination. The registration fee,	507
which shall be paid after the applicant has passed both	508
examinations, shall be established by the board at an amount	509
adequate to cover the expense of issuing a certificate of	510
registration.	511

(B) The board shall establish thea fee for a certificate of	512
authorization issued under division (F) of section 4733.16 of the	513
Revised Code in an amount not to exceed fifty dollars and thea	514
fee for annual renewal of a certificate of authorization, not to	515
exceed twenty-five dollars. The fee for a duplicate certificate	516
of authorization is five dollars.	517

Sec. 4733.13.  (A) When written or written and oral	518
examinations are required as provided by section 4733.11 of the	519
Revised Code, they shall be held at sucha time and place as	520
specified by the state board of registration for professional	521
engineers and surveyors specifies in rules adopted pursuant to	522
section 4733.03 of the Revised Code. The examination for	523
engineering and the methods of procedureexaminations shall test	524
the engineering applicant's knowledge to perform engineering	525
professional engineering or surveying services and to design and	526
supervise engineering works, which shall insure the safety of	527
life, health, and property, except as otherwise provided in	528
division (A)(3) of section 4733.11 of the Revised Code. The first	529
stage. An examination referred to as the fundamentals of	530
engineering or as the fundamentals of surveying examination shall	531
test the applicant's knowledge of the fundamentals of engineering.	532
The board may examine the applicant's knowledge of subjects as the	533
board selects from the published curricula of the engineering	534
colleges in Ohio which have been approved by the boardor	535
surveying as appropriate.	536

(B) For the second stageAn examination referred to as the	537
principles and practice of engineering examination in engineering	538
the applicant shall be examined intest the applicant's knowledge	539
of the major branch or branches of engineering in which hethe	540
applicant specializes. For the purpose of this section, the major	541
branches of engineering are all those branches in which	542
engineering degrees are conferred by any of the approved	543
engineering colleges of this state. Applicants who specialize in	544
a subbranch of engineering shall be examined in that major branch	545
of engineering of which such subbranch forms a partexaminations	546
are offered by the board or the national council of examiners for	547
engineering and surveying.	548

(C) The examinations for surveying shall test the applicant's	549
knowledge and ability to perform surveying services which affect	550
the safety of life, health, and property, except as otherwise	551
provided in division (B)(3) of section 4733.11 of the Revised	552
Code. The first stage examination shall test the applicant's	553
knowledge of the fundamentals of surveying.	554

(D) For the second stageA principles and practice of	555
surveying examination in surveying, the applicant shall be	556
examined intest the applicant's knowledge of surveying and the	557
laws and practices applicable to the state of Ohio.	558

(E)(D) An applicant failing an examination may apply for	559
re-examination. One re-examination only will be granted an	560
applicant in any calendar year. The fee for each re-examination	561
shall be the same as the regular examination fee.	562

Sec. 4733.14.  The state board of registration for	563
professional engineers and surveyors shall issue a certificate of	564
registration, upon payment of the registration fee to any,	565
register and issue a certificate showing initial registration of	566
an applicant who, in the opinion of the board, has satisfactorily	567
met all the requirements of sections 4733.01 to 4733.23 of the	568
Revised Codethis chapter. In the case of a registered	569
professional engineer, the certificate shall authorize the	570
practice of "professional engineering," and in the case of a	571
registered professional surveyor, the certificate shall authorize	572
the practice of "professional surveying." Each registrant of this	573
state who holds an unrevoked or unexpired certificate of	574
registration as a professional engineer or professional surveyor	575
in any branch of engineering or surveying on November 1, 1953, is	576
entitled to all the rights and privileges of a registered	577
professional engineer or professional surveyor while the said	578
certificate remains unrevoked or unexpired. Certificates of	579
registration shall show the full name of the registrant, shall	580
have a serial number, and shall be signed by the chairman	581
chairperson and the secretary of the board under seal of the	582
board.	583

The issuance of a certificate of registrationRegistration by	584
the board shall be evidence that the person named therein is	585
entitled to all the rights and privileges of a registered	586
professional engineer, or of a registered professional surveyor,	587
while the said certificateregistration remains unrevoked or	588
unexpired.	589

Each registrant may, upon completing registration, obtain a	590
seal of the design authorized by the board, bearing the	591
registrant's name and the legend, "registered professional	592
engineer," or "registered professional surveyor," provided,	593
however, that any registered surveyor's seal obtained prior to the	594
amendment of this section shall remain as a legal seal for any	595
registrant who was registered as a "registered surveyor." Plans,	596
specifications, plats, and reports,and all other engineering or	597
surveying work products issued by a registrant shall be stamped	598
with the seal during the life of the registrant's certificateor	599
bear a computer-generated seal in accordance with this section,	600
and be signed and dated by the registrant, but no person shall	601
stamp or, seal,or sign any documents with said seal after the	602
certificateregistration of the registrant named thereon has	603
expired or the registration has been revoked or suspended, unless	604
said certificatethe registration has been renewed or reissued.	605

Except when documents are transmitted electronically to	606
clients or to governmental agencies, computer-generated seals may	607
be used on final original drawings on the condition that a	608
handwritten signature and date is placed adjacent to or across the	609
seal. Plans, specifications, plats, reports, and all other	610
engineering or surveying work products that are transmitted	611
electronically to a client or a governmental agency shall have the	612
computer-generated seal removed from the electronic file before	613
transmittal. An electronic transmission with no	614
computer-generated seal shall have the following inserted in place	615
of the signature and date: "This document was originally issued by	616
.................... (name of registrant) on .......... (date).	617
This document is not considered a sealed document."	618

Sec. 4733.15.  (A) Certificates of registration expire	619
Registration expires annually on the last day of December	620
following their issuanceinitial registration or renewal of	621
registration and becomebecomes invalid on that date unless	622
renewed pursuant to this section and the standard renewal	623
procedure of sections 4745.01 to 4745.03 of the Revised Code.	624
Renewal may be effected at any time prior to the date of	625
expiration for a period of one year by the applicant's paying to	626
the treasurer of state a fee of sixteen dollars for a renewal of a	627
certificate of registration as either a professional engineer or	628
professional surveyor, and twenty-one dollars for the renewal of	629
the certificates of an individual who is registered as both a	630
professional engineer and professional surveyor. The failure on	631
the part of any registrant to renew a certificate prior to	632
expiration whenWhen notified as required in this section, a	633
registrant's failure to renew registration shall not deprive such	634
personthe registrant of the right of renewal within the following	635
twelve months, but the fee to be paid for the renewal ofrenew a	636
certificateregistration within twelve months after expiration	637
shall be increased fifty per cent. The state board of	638
registration for professional engineers and surveyors may, upon	639
request, waive the payment of the renewal fees of a registrant	640
during the period when the registrant is on active duty in	641
connection with any branch of the armed forces of the United	642
States.	643

(B) Each certificate of authorization issued pursuant to	644
section 4733.16 of the Revised Code shall authorize the holder to	645
provide professional engineering andor professional surveying	646
services, through the registered professional engineer or	647
professional surveyor designated as being in responsible charge of	648
the professional engineering andor professional surveying	649
practice, from the date of issuance until the last day of June	650
next succeeding the date upon which the certificate was issued,	651
unless the certificate has been revoked or suspended for cause as	652
provided in section 4733.20 of the Revised Code or has been	653
suspended pursuant to section 3123.47 of the Revised Code.	654

(C) If a certificate is not reneweda registrant fails to	655
renew registration within one year from the date of expiration,	656
its renewal may be effected under rules promulgated by the board	657
regarding requirements for reexamination or reapplication, and	658
reinstatement penalty fees.	659

Sec. 4733.18.  (A) The state board of registration for	660
professional engineers and surveyors may issueauthorize a	661
temporary certification to individuals under the following	662
conditions and qualifications:	663

(1) A person not a resident of and having no established	664
place of business in this state, practicing or offering to	665
practice the profession of engineering or surveying in Ohio, when	666
such practice does not exceed sixty continuous calendar days in	667
any calendar year; provided such person is legally qualified by	668
registration to practice the said profession in the person's own	669
state in which the requirements and qualifications for obtaining a	670
certificate of registration are not lower than those specified in	671
this chapter. The board shall establish the fee for a temporary	672
certificate of registration issued under division (A)(1) of this	673
section.	674

(2) A person not a resident of and having no established	675
place of business in this state, or who has recently become a	676
resident thereof, practicing or offering to practice herein for	677
more than sixty days in any calendar year the profession of	678
engineering or surveying, if the personregistration in the case	679
of an individual who has filed with the state board of	680
registration for professional engineers and surveyors an	681
application for a certificate oftemporary registration and has	682
paid the required fee, such.The temporary certificate of	683
registration to continuecontinues only for suchthe time as the	684
board requires for the consideration of the application for	685
registration;, provided such a person is legally qualified to	686
practice that profession in the person's own state in which the	687
requirements and qualifications for obtaining a certificate of	688
registration are not lower than those specified in sections	689
4733.01 to 4733.23 of the Revised Code;this chapter.	690

(B)(1) The following persons are exempt from sections	691
4733.01 to 4733.21 of the Revised Codethis chapter:	692

(1)(a) An employee or a subordinate of a person holding a	693
certificate of registrationregistered under this chapter or an	694
employee of a person holding temporary certificationregistration	695
under division (A)(1) of this section or exempted from	696
registration by division (A)(2) of this section;, provided the	697
employee's or subordinate's duties do not include responsible	698
charge of engineering or surveying work;	699

(2)(b) Officers and employees of the government of the	700
United States while engaged within this state in the practice of	701
engineering or surveying, for that government;	702

(3)(c) An engineer engaged solely as an officer of a	703
privately owned public utility.	704

(4)(2) This chapter does not require registration for the	705
purpose of practicing professional engineering, or professional	706
surveying by an individual, firm, or corporation on property owned	707
or leased by that individual, firm, or corporation unless the same	708
involves the public welfare or the safeguarding of life, health,	709
or property, or for the performance of engineering or surveying	710
which relates solely to the design or fabrication of manufactured	711
products.	712

(C) Nothing in this chapter prevents persons other than	713
engineers from preparing plans, drawings, specifications, or data,	714
from filing applications for building permits, or from obtaining	715
those permits for buildings or structures that are exempted from	716
the requirements of sections 3781.06 to 3781.18 and 3791.04 of the	717
Revised Code, that are subject to the requirements of section	718
3781.181 of the Revised Code, that are erected as one-, two-, or	719
three-family units or structures within the meaning of the term	720
"industrialized unit" as provided in section 3781.06 of the	721
Revised Code.	722

(D) Nothing in this chapter prevents persons other than	723
engineers from preparing drawings or data, from filing	724
applications for building permits, or from obtaining those permits	725
for the installation of replacement equipment or systems that are	726
similar in type or capacity to the equipment or systems being	727
replaced, and for any improvement, alteration, repair, painting,	728
decorating, or other modification of any buildings or structures	729
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	730
Code where the building official determines that no plans or	731
specifications are required for approval.	732

Sec. 4733.19. (A) Except as provided in division (B) of	733
this section:	734

(1) A person holding a certificate of registration	735
registered or licensed to engage in the practice of engineering or	736
surveying issued to him by a proper authority of a state,	737
territory, or possession of the United States, or the District of	738
Columbia, who, in the opinion of the state board of registration	739
for professional engineers and surveyors, meets the requirements	740
of sections 4733.01 to 4733.23 of the Revised Codethis chapter,	741
based on verified evidence, may, upon application and payment of	742
the established fee, be registered without further examination.	743

(2) A person holding a certificate of qualification issued	744
by the national council of engineering examiners committee on	745
national engineering certification, whose qualifications, in the	746
opinion of the board, meet the requirements of sections 4733.01 to	747
4733.23 of the Revised Code, may upon application and payment of	748
the established fee, be registered without further examination.	749

(B) Any person who seeks registration as a professional	750
surveyor under division (A) of this section must pass a four-hour	751
two-hour professional practice examination, devoted to the laws	752
and practices of this state prior to receiving such registration.	753

Sec. 4733.20.  (A) ThePursuant to this section, the state	754
board of registration for professional engineers and surveyors may	755
fine, revoke, suspend, refuse to renew, or limit the certificate	756
of registration of any registrant or the certificate of	757
authorization of any holder of such certificate, or reprimand or,	758
place on probation the holder of a certificate of registration or	759
the holder of a,deny an applicant the opportunity to sit for an	760
examination or to have an examination scored, or impose any	761
combination of these disciplinary measures on any applicant or	762
registrant, or revoke the certificate of authorization who isof	763
any holder found guilty ofto be or to have been engaged in any	764
one or more of the following acts or practices:	765

(1) The practice of anyAny fraud or deceit in obtaining a	766
certificate of registration or a certificate of authorization;	767

(2) Any gross negligence, incompetency, or misconduct in the	768
practice of professional engineering or professional surveying as	769
a registered professional engineer or registered professional	770
surveyor;	771

(3) Aiding or abetting any person to practice professional	772
engineering or professional surveying illegally in the state;	773

(4) AnyConviction of or plea of guilty to any felony or	774
crime involving moral turpitude;	775

(5) Violation of the code of ethicsthis chapter or any rule	776
adopted by the state board of registration for professional	777
engineers and professional surveyors;	778

(6) Violation of any condition of limitation placed by the	779
board upon a certificate ofthe registration or a certificate of	780
authorizationof any professional engineer or professional	781
surveyor;	782

(7) Failure to abide by or comply with examination	783
instructions.	784

(B) The board shall cause to have prepared and shall adopt a	785
code of ethics, which it shall be mademake known to every	786
registrant. The board may revise and amend this code of ethics	787
from time to time and shall notify each registrant, in writing, of	788
such revisions or amendmentsin accordance with Chapter 119. of	789
the Revised Code.	790

(C) Any person may prefer charges offile with the board a	791
complaint alleging fraud, deceit, gross negligence, incompetency,	792
misconduct, or violation of the code of ethics against any	793
registrant holding a certificate of registration or against any	794
corporation, firm, partnership, or association holding a	795
certificate of authorization. Such chargesthis chapter or any	796
rule adopted by the board pursuant to section 4733.07 of the	797
Revised Code. Complaints shall be in writing, and shall be sworn	798
to by the person, or persons, making them and shall be filed with	799
the secretary of the board.	800

(D) All charges shall be investigated and reviewed by the	801
board within three months after the date on which they have been	802
preferred, after which all charges, unless dismissed by the board	803
as unfounded or trivial, shall be heard by the board at a hearing	804
which shall be in accordance with Chapter 119. of the Revised Code	805
The board may investigate any registrant or holder of a	806
certificate of authorization to determine whether the registrant	807
or certificate holder is or has been engaged in any one or more of	808
the acts or practices listed in division (A) of this section. The	809
board, by subpoena, may compel witnesses to appear and testify in	810
relation to any investigation under this chapter and may require,	811
by subpoena duces tecum, the production and copying of any book,	812
paper, or document pertaining to an investigation. If a person	813
fails to comply with the subpoena or subpoena duces tecum, the	814
board may apply to the Franklin county court of common pleas for	815
an order compelling the person to comply or, for the failure to do	816
so, to be held in contempt of court.	817

(E) The time and place for such hearing shall be fixed by the	818
board and a copy of the charges, together with a notice of the	819
time and place of the hearing, shall be personally served upon the	820
individual registrant or the agent as provided for in section	821
1701.07 of the Revised Code of a corporation holding a certificate	822
of authorization, or mailed to the last known address of such	823
individual registrant or any firm, partnership, or association	824
holding a certificate of authorization. At any hearing the	825
accused registrant or holder of a certificate of authorization	826
shall have the right to appear in person or by counsel, or both,	827
to cross-examine witnesses in his or its defense, and to produce	828
evidence and witnesses in his or its own defenseIf the board	829
determines there is cause to believe that an applicant,	830
registrant, or a holder of a certificate of authorization is or	831
has been engaged in any act or practice listed in division (A) of	832
this section, the board shall issue a written charge and notify	833
the applicant, registrant, or certificate holder of the right to	834
an adjudication hearing, in accordance with Chapter 119. of the	835
Revised Code. If the accused applicant, registrant, or holder of	836
a certificate of authorization fails or refuses to appear, or does	837
not request a hearing within the time period specified in Chapter	838
119. of the Revised Code, the board may proceed to hear and	839
determine the validity of the chargescharge and issue an	840
adjudication order in accordance with Chapter 119. of the Revised	841
Code.	842

(F) If, after such hearing, a majority of the board votes in	843
favor of sustaining the chargescharge, the board shall reprimand	844
impose one or any combination of the following disciplinary	845
measures:	846

(1)Reprimanding the individual or suspend, refuse;

847

(2)Imposing a fine on the individual of not more than one	848
thousand dollars for each offense committed by the individual;	849

(3)Refusing to renew, suspending, or revoke his certificate	850
ofrevoking the individual's registration, or revoking the	851
holder's certificate of authorization;	852

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

853

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

854

The board, for reasons it considers sufficientgood cause	855
shown, may reissue a certificate of registration toreregister any	856
person or reissue a certificate of authorization to any	857
corporation, firm, partnership, or association,or limited	858
liability company whose registration or certificate has been	859
revoked or suspended.	860

(G) Any individual registrant having a certificate of	861
registration, or a corporation, firm, partnership, or association	862
having a certificate of authorization,applicant, registrant, or	863
certificate holder aggrieved by any action of the board in fining	864
the registrant or denying, suspending, refusing to renew, or	865
revoking his certificate ofthe registrant's registration or itsa	866
certificate of authorization, or denying an applicant the	867
opportunity to take an examination or to have an examination	868
scored may appeal such action to the proper court under section	869
119.12 of the Revised Code.	870

(H) A new certificate of registration, or certificate of	871
authorization to replace any certificate revoked, lost, destroyed,	872
or mutilated, may be issued, subject to the rules of the board,	873
andupon payment of a fee established by the board at an amount	874
adequate to cover the expense of issuing a duplicate certificate	875
of registrationauthorization.	876

Sec. 4733.22.  No person shall practice, or offer to	877
practice, the profession of engineering or the profession of	878
surveying without being registered or exempted in accordance with	879
sections 4733.01 to 4733.23 of the Revised Codethis chapter, or	880
present or attempt to use as histhe person's own the certificate	881
of registration, the certificate of authorization, or the seal of	882
another, or give any false or forged evidence of any kind to the	883
state board of registration for professional engineers and	884
surveyors or to any member thereof in obtaining a certificate of	885
registration or a certificate of authorization, or falsely	886
impersonate any other registrant or holder of a certificate of	887
authorization of like or different name, or attempt to use an	888
expired,suspended, or revoked certificate of registration or	889
certificate of authorization, or otherwise violate such sections	890
this chapter.	891

Sec. 4733.23. All officers of the law of this state, or of	892
any political subdivision thereofExcept as otherwise provided in	893
divisions (B), (C), and (D) of section 4733.18 of the Revised	894
Code, no public authority, as defined in division (A) of section	895
153.65 of the Revised Code, shall enforce sections 4733.01 to	896
4733.22, inclusive, of the Revised Code, and prosecuteaccept or	897
use any engineering or surveying plan from any persons violating	898
sameperson not registered as a professional engineer or	899
professional surveyor under this chapter. The state board of	900
registration for professional engineers and surveyors is hereby	901
authorized to apply for relief by injunction or restraining order	902
to enjoin or restrain a person from the commission of any act	903
which is prohibited by sections 4733.01 to 4733.22, inclusive, of	904
the Revised Codethis chapter. The remedy provided by this	905
section shall be in addition to any other remedy provided by law.	906
The attorney general or histhe attorney general's designated	907
assistant shall act as legal adviser of the board and render such	908
legal assistance as may be necessary.	909

Sec. 4733.27.  On receipt of a notice pursuant to section	910
3123.43 of the Revised Code, the state board of registration for	911
engineers and surveyors shall comply with sections 3123.41 to	912
3123.50 of the Revised Code and any applicable rules adopted under	913
section 3123.63 of the Revised Code with respect to a certificate	914
registration and certificates of authorization issued pursuant to	915
this chapter.	916

Section 2.  That existing sections 4703.32, 4733.01, 4733.02,	917
4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11,	918
4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20,	919
4733.22, 4733.23, and 4733.27 and section 4733.24 of the Revised	920
Code are hereby repealed.	921