As Reported by the Senate Commerce and Labor Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 202

Representative Blessing 

Cosponsors: Representatives Duffey, Hood, Gonzales, Butler, Beck, Amstutz, Grossman, Smith, Wachtmann, Terhar, Stinziano, Milkovich, Perales, Thompson, Conditt, Anielski, Blair, Brenner, Brown, Buchy, Burkley, Damschroder, Hagan, C., Hall, Letson, Mallory, McClain, Retherford, Sprague, Winburn, Young Speaker Batchelder 

Senator Bacon 

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A BILL

To amend sections 4703.30, 4733.01, 4733.09, 4733.11,

1

4733.12, 4733.13, 4733.15, and 4733.151 of the

2

Revised Code to make changes to the examination,

3

reporting, and educational requirements of

4

professional engineers and surveyors.

5

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

Section 1.  That sections 4703.30, 4733.01, 4733.09, 4733.11,	6
4733.12, 4733.13, 4733.15, and 4733.151 of the Revised Code be	7
amended to read as follows:	8

Sec. 4703.30.  As used in sections 4703.30 to 4703.49 of the	9
Revised Code:	10

(A) "Landscape architect," "professional landscape	11
architect," or "registered landscape architect" means a person who	12
has been registered as provided in sections 4703.30 to 4703.49 of	13
the Revised Code.	14

(B) "Landscape architecture" or "the practice of landscape	15
architecture" includes:	16

(1) The preparation of master, site, and comprehensive	17
development plans, the preparation of feasibility and site	18
selection studies, and the supervision of the execution of	19
projects thereon, in accordance with the accepted professional	20
standards of public health, welfare, and safety, where the	21
dominant purpose of such service involves:	22

(a) The preservation, conservation, enhancement, or	23
determination of proper land and water uses, natural land	24
features, ground cover and plantings, naturalistic and aesthetic	25
values, natural systems, reforestation, restoration, and	26
reclamation;	27

(b) The determination of settings, grounds, and approaches	28
for buildings and structures or other improvements; the	29
determination of environmental problems of land relating to	30
erosion and sediment control, flooding, blight and other hazards;	31
the shaping and contouring of land and water forms; the	32
determination of grades; and the determination of surface and	33
ground water drainage and providing for drainage systems where	34
such systems do not require structural design of system components	35
or a hydraulic analysis of the receiving storm water conveyance	36
system;	37

(c) The development of roadways and parkways, equestrian,	38
bicycle, and pedestrian circulation systems, sidewalks, parking,	39
planting, pools, irrigation systems, and other ancillary elements,	40
for public and private use and enjoyment.	41

(2) The preparation of construction documents, provided that	42
these are limited to and are necessary for projects within the	43
scope of the practice of landscape architecture as defined in	44
divisions (B)(1)(a), (b), and (c) of this section;	45

(3) The following services as they relate to the practice of	46
landscape architecture:	47

(a) Construction observation;

48

(b) Project coordination and review of technical submissions,	49
plans, and construction documents;	50

(c) Collaboration with architects and professional engineers	51
in the design of streets, highways, bridges, buildings, and	52
structures with respect to the functional and aesthetic	53
requirements of the area in which such facilities are to be	54
placed.	55

(4) This practice shall include the location and arrangement	56
of such tangible objects and features as are incidental and	57
necessary to the purposes outlined in this section, but shall not	58
include the design of structures or facilities with separate and	59
self-contained purposes for habitation or industry, or the design	60
of streets and highways, utilities, storm and sanitary sewers, and	61
water and sewage treatment facilities, such as are exclusive to	62
the practice of engineering or architecture. A landscape architect	63
shall undertake to perform professional services only when the	64
landscape architect is qualified by education, training, and	65
experience in the specific technical areas involved. This division	66
shall not be construed to prohibit a landscape architect from	67
engaging individuals performing services outside the scope of the	68
landscape architect's qualifications as consultants.	69

(5) The practice of landscape architecture does not include	70
the practice of surveying as defined in division (F) of section	71
4733.01 of the Revised Code.	72

(C) "Board" means the Ohio landscape architects board.

73

Sec. 4733.01.  As used in this chapter:

74

(A) "Professional engineer" means a person registered as a	75
professional engineer under this chapter.	76

(B) "Engineer" means a graduate of an accredited engineering	77
curriculum or a person registered as a professional engineer under	78
this chapter, or both.	79

(C) "Accredited engineering curriculum" means an engineering	80
curriculum accredited by the engineering accreditation commission	81
of ABET, Inc.	82

(D) "ABET, Inc." means the accreditation board for	83
engineering and technology.	84

(D)(E) "The practice of engineering" includes any	85
professional service, such as consultation, investigation,	86
evaluation, planning, design, or inspection of construction or	87
operation for the purpose of assuring compliance with drawings or	88
specifications in connection with any public or privately owned	89
public utilities, structures, buildings, machines, equipment,	90
processes, works, or projects in the proper rendering of which the	91
qualifications of section 4733.11 of the Revised Code are required	92
to protect the public welfare or to safeguard life, health, or	93
property.	94

(E)(F) "Professional surveyor" means a person who is	95
registered as a professional surveyor under this chapter.	96

(F)(G) "Practice of surveying" means any professional service	97
that requires the application of special knowledge of the	98
principles of mathematics, the related physical and applied	99
sciences, and the relevant requirements of law for the adequate	100
performance of the art of surveying, including, but not limited	101
to, measuring the area or the contours of any portion of the	102
earth's surface, the lengths and directions of the bounding lines,	103
and the contour of the surface, for their correct determination	104
and description and for conveyancing for recording, or for the	105
establishment or re-establishment of land boundaries and the	106
platting of lands and subdivisions; and like measurements and	107
operations involved in the surveying of mines, commonly known as	108
"mine surveying."	109

Sec. 4733.09.  The state board of registration for	110
professional engineers and surveyors shall keep a record of its	111
proceedings and a record of all applications for registration.	112

On an application provided by the board, applicants shall	113
provide information under oath, including the applicant's	114
education and experience sufficient for the board to evaluate the	115
credentials of the applicant pursuant to section 4733.11 of the	116
Revised Code.	117

The records of the board shall be prima-facie evidence of its	118
proceedings and a transcript thereof, duly certified by the	119
executive director under seal, shall be admissible in evidence as	120
if the original were produced.	121

Annually, as of the first day of Julyfollowing the end of	122
the fiscal year, the board shall submit to the governor a report	123
of its transactionsactivities of the preceding year, and shall	124
also transmit to the governorinclude a complete statement of the	125
receipts and expenditures of the board, attested by affidavits of	126
its chairperson and its executive director.	127

Sec. 4733.11.  (A) The state board of registration for	128
professional engineers and surveyors shall consider an applicant	129
to be qualified for registration as a professional engineer if an	130
applicant satisfies all of the requirements listed in either	131
division (A)(1) or (2) of this section as follows:	132

(1)(a) Graduation from an accredited engineering curriculum	133
of four years or more;	134

(b) A specific record of four years or more of practical	135
experience in engineering work completed in addition to, and not	136
overlapping in time, any school work completed under division	137
(A)(1)(a) of this section that is acceptable to the board, not	138
more than two years of which may be before graduation but after	139
the completion of the second year of college, indicating that the	140
applicant is competent to be placed in responsible charge of such	141
work;	142

(c) Passing the prescribed written or written and oral	143
examinations under divisions (A) and (B) of section 4733.13 of the	144
Revised Code.	145

(2)(a) Graduation from a college curriculum in engineering of	146
four years or more that is not approved by the engineering	147
accreditation commission of the accreditation board for	148
engineering and technologyaccredited, whose curricula is	149
evaluated by the board and found to be of a high quality	150
essentially equal to the curricula that are accredited by ABET,	151
Inc., or graduation from a college curriculum in engineering	152
technology of four years or more that is accredited by the	153
engineering technical accreditation commission of the	154
accreditation board for engineering and technologyABET, Inc.;	155

(b) Eight years or more of practical experience in	156
engineering work completed in addition to, and not overlapping in	157
time, any school work completed under division (A)(2)(a) of this	158
section that is acceptable to the state board of registration for	159
professional engineers and surveyors, not more than two years of	160
which may be before college graduation but after completion of the	161
second year of college, indicating that the applicant is competent	162
to be placed in responsible charge of such work;	163

(c) Passing the prescribed written or written and oral	164
examinations under divisions (A) and (B) of section 4733.13 of the	165
Revised Code.	166

(B) The state board of registration for professional	167
engineers and surveyors shall consider an applicant to be	168
qualified for registration as a professional surveyor if the	169
applicant satisfies all of the requirements listed in either	170
division (B)(1) or (2) of this section as follows:	171

(1)(a) Graduation from an approved curriculum in surveying of	172
four years or more;	173

(b) A specific record of four years or more of surveying	174
office and field experience completed in addition to, and not	175
overlapping in time, any school work completed under division	176
(B)(1)(a) of this section that is of a character acceptable to the	177
board, at least two years of which shall be after college	178
graduation, with at least two of the four years of work in the	179
surveying of land boundaries under the direct supervision of a	180
professional surveyor, who may indicate in writing that the	181
applicant is competent to be placed in responsible charge of the	182
work;	183

(c) Passing the prescribed written or written and oral	184
examinations under divisions (A) and (C) of section 4733.13 of the	185
Revised Code.	186

(2)(a) Graduation from an accredited curriculum in civil	187
engineering of four years or more in a recognized school or	188
college;	189

(b) Successful completion of at least twenty-four quarter	190
sixteen semester hours, or equivalent semesterquarter or	191
trimester hours, of approved surveying courses in surveying and	192
mapping arts and sciences, except that courses successfully	193
completed as prior studies may be credited by the board toward	194
this requirement, of which at least eight quartersix semester	195
hours, or equivalent semesterquarter or trimester hours, are in	196
surveying of land boundaries;	197

(c) A specific record of four years or more of surveying	198
office and field experience completed in addition to, and not	199
overlapping in time, any school work completed under division	200
(B)(2)(a) of this section that is of a character acceptable to the	201
board, at least two years of which shall be after college	202
graduation, with at least two of the four years of work in	203
surveying of land boundaries under the direct supervision of a	204
professional surveyor, who may indicate in writing that the	205
applicant is competent to be placed in responsible charge of the	206
work;	207

(d) Passing the prescribed written or written and oral	208
examinations under divisions (A) and (C) of section 4733.13 of the	209
Revised Code.	210

(C) Engineering experience, for a professional engineer's	211
practical experience requirement, or surveying experience, for a	212
professional surveyor's practical experience requirement, in any	213
of the armed forces of the United States or civilian war services	214
may be credited for registration, if the experience is acceptable	215
to the board.	216

(D) As used in this section, "an approved curriculum in	217
surveying" is one which has been accredited by the related	218
accreditation committee of the accreditation board for engineering	219
and technologyABET, Inc., or one which has been approved by the	220
state board of registration for professional engineers and	221
surveyors.	222

(E) No person is eligible for registration as a professional	223
engineer, or professional surveyor, who is not of good character	224
and reputation.	225

(F) In considering the qualifications of applicants,	226
responsible charge of engineering or surveying teaching may be	227
construed as responsible charge of engineering or surveying work,	228
respectively. No applicant shall receive credit for more than six	229
years of engineering or surveying experience because of	230
educational qualifications. The mere execution, as a contractor,	231
of work designed by a professional engineer or professional	232
surveyor, or the supervision of the construction of such work as a	233
superintendent is not deemed to be practical experience in	234
engineering or surveying work.	235

(G) Every person applying for registration as a professional	236
engineer or professional surveyor shall be required to pass the	237
fundamentals examination and the principles and practice	238
examination as provided in section 4733.13 of the Revised Code. In	239
addition to passing each requisite examination, each applicant	240
must submit evidence, satisfactory to the board, that the	241
applicant has completed the practical experience required in this	242
section.	243

(H) The board shall require the applicant for registration as	244
a professional engineer or professional surveyor to take two	245
examinations. The first examination, known as the fundamentals	246
examination, may be taken by the applicant at any time after the	247
applicant has completed the required education under division (A)	248
or (B) of this section, or, at the discretion of the board, an	249
applicant may be permitted to take the first examination during	250
the applicant's concluding term of an approved curriculum in	251
engineering or surveying of four years or more.	252

(I) When the applicant has passed the fundamentals	253
examination, theThe board shall give an applicant shall be given	254
an appropriate certificate by the board showing the applicant's	255
status as an engineer intern or surveyor intern upon the	256
occurrence of all of the following:	257

(1) The applicant provides proof to the board that the	258
applicant has passed the fundamentals examination as described in	259
division (A) of section 4733.13 of the Revised Code.	260

(2) The board believes the applicant meets the requirements	261
of this chapter based on verified evidence.	262

(3) The applicant applies for registration in accordance with	263
the requirements of this chapter.	264

(4) The applicant pays the fee required pursuant to section	265
4733.12 of the Revised Code.	266

Each applicant applying for registration as a professional	267
engineer or professional surveyor shall first be certified as an	268
engineer intern or surveyor intern in this state.	269

(J) The applicant is not eligible to take the second	270
examination, known as the principles and practice examination,	271
until the applicant has passed the fundamentals examination.	272

(K) Any person having the necessary qualifications to entitle	273
the person to registration is eligible for registration though the	274
person may not be practicing the person's profession at the time	275
of making application.	276

Sec. 4733.12.  (A) Applications for registration as a	277
professional engineer or professional surveyor shall be on forms	278
prescribed and furnished by the state board of registration for	279
professional engineers and surveyors, shall contain statements	280
made under oath setting forth the applicant's education and a	281
detailed summary of the applicant's engineering or surveying	282
experience as appropriate, and shall contain not less than five	283
references, of whom three or more shall be professional engineers	284
or professional surveyors having personal knowledge of the	285
applicant's engineering or surveying experience. The application	286
shall be accompanied by a nonrefundable application fee, which	287
shall be established by the board at an amount adequate to cover	288
the costs of processing the application.	289

A nonrefundable examination fee for professional engineers or	290
professional surveyors, which shall accompany the "notice of	291
intention" for each scheduled fundamentals or principles and	292
practice examination, shall be established by the board at an	293
amount adequate to cover the expense of procuring, administering,	294
and grading the examinations. A nonrefundable registration fee,	295
which shall be paid after the applicant has passed both	296
examinations, shall be established by the board at an amount	297
adequate to cover the expense of registration.	298

(B) The board shall establish a fee for a certificate of	299
authorization issued under section 4733.16 of the Revised Code in	300
an amount not to exceed fifty dollars and a fee for annual	301
biennial renewal of a certificate of authorization, not to exceed	302
twenty-fivefifty dollars. The fee for a duplicate certificate of	303
authorization is five dollars.	304

Sec. 4733.13.  (A) When written or written and oral	305
examinations are required as provided by section 4733.11 of the	306
Revised Code, they shall be held at a time and place specified by	307
the state board of registration for professional engineers and	308
surveyors. The examinations shall test the applicant's knowledge	309
to perform professional engineering or surveying services which	310
shall insure the safety of life, health, and property. An	311
examination referred to as the fundamentals of engineering or as	312
the fundamentals of surveying examination shall test the	313
applicant's knowledge of the fundamentals of engineering or	314
surveying as appropriate.	315

(B) An examination referred to as the principles and practice	316
of engineering examination shall test the applicant's knowledge of	317
the branch of engineering in which the applicant specializes. For	318
the purpose of this section, the branches of engineering are all	319
those branches in which engineering examinations are offered by	320
the board or the national council of examiners for engineering and	321
surveying.	322

(C) A principles and practice of surveying examination shall	323
test the applicant's knowledge of surveying and the laws and	324
practices applicable to the state of Ohio.	325

(D) An applicant failing an examination may apply for	326
re-examination. The fee for each re-examination shall be the same	327
as the regular examination fee.	328

Sec. 4733.15.  (A) Registration expires on the last day of	329
December 2011, and becomes invalid on that date unless renewed.	330
For renewals after that date, registration expires biennially on	331
the last day of December following initial registration or renewal	332
of registration and becomes invalid on that date unless renewed.	333
Renewal may be effected by the applicant's payment to the	334
treasurer of state of a fee of forty dollars for a renewal of	335
registration as either a professional engineer or professional	336
surveyor and demonstration of completion of the continuing	337
professional development requirements of section 4733.151 of the	338
Revised Code. When notified as required in this section, a	339
registrant's failure to renew registration shall not deprive the	340
registrant of the right of renewal within the following twelve	341
months, but the fee to renew a registration within twelve months	342
after expiration shall be increased fifty per cent, and the	343
registrant shall certify completion of continuing professional	344
development hours as required in section 4733.151 of the Revised	345
Code.	346

The state board of registration for professional engineers	347
and surveyors may, upon request, waive the payment of renewal fees	348
or the completion of continuing professional development	349
requirements for a registrant during the period when the	350
registrant is on active duty in connection with any branch of the	351
armed forces of the United States or a reserve component of the	352
armed forces of the United States, including the Ohio national	353
guard or the national guard of any other state.	354

(B) Each certificate of authorization issued pursuant to	355
section 4733.16 of the Revised Code shall authorize the holder to	356
provide professional engineering or professional surveying	357
services, through the registered professional engineer or	358
professional surveyor designated as being in responsible charge of	359
the professional engineering or professional surveying practice,	360
from the date of issuance until the lastsecond immediately	361
succeeding thirtieth day of June next succeeding the date upon	362
which the certificate was issued, unless the certificate has been	363
revoked or suspended for cause as provided in section 4733.20 of	364
the Revised Code or has been suspended pursuant to section 3123.47	365
of the Revised Code. Thereafter, the certificate shall expire	366
biennially on the thirtieth day of June.	367

(C) If a registrant fails to renew registration as provided	368
under division (A) of this section, renewal and reinstatement may	369
be effected under rules the board adopts regarding requirements	370
for reexamination or reapplication, and reinstatement penalty	371
fees. The board may require a registrant who fails to renew	372
registration to complete the required hours of continuing	373
professional development as a condition of renewal and	374
reinstatement if the registrant seeks renewal and reinstatement	375
under this division.	376

Sec. 4733.151. (A) For registrations expiring on the last day	377
of December 2011, each registrant for renewal shall have	378
completed, in calendar year 2011, at least fifteen hours of	379
continuing professional development for professional engineers and	380
surveyors. Thereafter, each registrant shall complete at least	381
thirty hours of continuing professional development during the	382
two-year period immediately preceding the biennial renewal	383
expiration date.	384

(B) The continuing professional development requirement may	385
be satisfied by coursework or activities dealing with technical,	386
ethical, or managerial topics relevant to the practice of	387
engineering or surveying. A registrant may earn continuing	388
professional development hours by completing or teaching	389
university or college level coursework, attending seminars,	390
workshops, or conferences, authoring relevant published papers,	391
articles, or books, receiving patent awards, or actively	392
participating in professional or technical societies serving the	393
engineering or surveying professions.	394

In the case of the board disputing the content of any credit	395
hours or coursework, then the board shall presume as a matter of	396
law that any credit hours submitted by a registrant, or any	397
coursework or activity submitted for approval, complies with this	398
section if submitted and if a statement signed by a current	399
registrant not otherwise participating in the event affirms that	400
the material is relevant to the registrant's practice and will	401
assist the registrant's development in the profession.	402

Credit for university or college level coursework shall be	403
based on the credit established by the university or college. One	404
semester hour as established by the university or college shall be	405
the equivalent of forty-five hours of continuing professional	406
development, and one quarter hour as established by the university	407
or college shall be the equivalent of thirty hours of continuing	408
professional development.	409

Credit for seminars, workshops, or conferences offering	410
continuing education units shall be based on the units awarded by	411
the organization presenting the seminar, workshop, or conference.	412
A registrant may earn ten continuing professional development	413
hours for each continuing education unit awarded. Each hour of	414
attendance at a seminar, workshop, or conference for which no	415
continuing education units are offered shall be the equivalent of	416
one continuing professional development hour.	417

A registrant may earn two continuing professional development	418
hours for each year of service as an officer or active committee	419
member of a professional or technical society or association that	420
represents registrants or entities composed of registrants. A	421
registrant may earn ten continuing professional development hours	422
for authoring relevant published papers, articles, or books. A	423
registrant may earn ten continuing professional development hours	424
for each such published paper, article, or book. A registrant may	425
earn ten continuing professional development hours for each patent	426
award.	427

(C) A person registered as both a professional engineer and	428
professional surveyor shall complete at least ten of the thirty	429
hours required under division (A) of this section in	430
engineering-related coursework or activities and at least ten of	431
those thirty hours in surveying-related coursework or activities.	432

(D) A registrant is exempt from the continuing professional	433
development requirements of this section during the first calendar	434
year of registration.	435

(E) A registrant who completes more than thirty hours of	436
approved coursework or activities in a biennial renewal period may	437
carry forward to the next biennial renewal period a maximum of	438
fifteen of the excess hours.	439

(F) A registrant shall maintain records to demonstrate	440
completion of the continuing professional development requirements	441
specified in this section for a period of four calendar years	442
beyond the year in which certification of the completion of the	443
requirements is obtained by the registrant. The records shall	444
include all of the following:	445

(1) A log specifying the type of coursework or activity, its	446
location and duration along with the instructor's name, and the	447
number of continuing professional development hours earned;	448

(2) Certificates of completion or other evidence verifying	449
attendance.	450

(G) The records specified in division (F) of this section may	451
be audited at any time by the state board of registration for	452
professional engineers and surveyors. If the board discovers that	453
a registrant has failed to complete coursework or activities, it	454
shall notify the registrant of the deficiencies and allow the	455
registrant six months from the date of the notice to rectify the	456
deficiencies and to provide the board with evidence of	457
satisfactory completion of the continuing professional development	458
requirements. If the registrant fails to provide such evidence	459
within that six-month period, the board may revoke or suspend the	460
registration after offering an adjudication hearing in accordance	461
with Chapter 119. of the Revised Code.	462

Section 2.  That existing sections 4703.30, 4733.01, 4733.09,	463
4733.11, 4733.12, 4733.13, 4733.15, and 4733.151 of the Revised	464
Code are hereby repealed.	465