130th Ohio General Assembly
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(124th General Assembly)
(Amended Substitute House Bill Number 337)



AN ACT
To amend sections 4703.32, 4733.01, 4733.02, 4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11, 4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20, 4733.22, 4733.23, and 4733.27 and to repeal section 4733.24 of the Revised Code to make changes to the engineer and surveyor licensing law.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1.  That sections 4703.32, 4733.01, 4733.02, 4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11, 4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20, 4733.22, 4733.23, and 4733.27 of the Revised Code be amended to read as follows:

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

(B) Sections 4703.30 to 4703.49 of the Revised Code, are not intended to restrict or otherwise affect the right of any individual to practice architecture under sections 4703.01 to 4703.19 of the Revised Code, or engineering under sections 4733.01 to 4733.24 4733.27 of the Revised Code. This division does not exclude a registered professional engineer or a registered architect from such practice of landscape architecture as is incidental to the practice of engineering or architecture.

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

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

Sec. 4733.01.  As used in this chapter:

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

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

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

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

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

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

Sec. 4733.02.  Any person practicing or offering to practice the profession of engineering or of surveying shall be registered or exempted under this chapter. No person shall practice or offer to practice the profession of engineering or of surveying, or contract for such services, or use the initials P.E. or P.S. in connection with his the person's name, or use in connection with his the person's name or otherwise assume, use, or advertise any title or description tending to convey the impression that he the person is a professional engineer or a professional surveyor, unless such person has been registered or exempted under this chapter.

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

(1) The title "engineer" by itself unless he the individual is an engineer;

(2) The title "engineer" in conjunction with another term that modifies the title "engineer" in a manner which that conveys the impression that he the individual is a graduate of an accredited engineering curriculum unless he the individual is a graduate of an accredited engineering curriculum.

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

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

Sec. 4733.03.  A state board of registration for professional engineers and surveyors is hereby created to administer sections 4733.01 to 4733.23 of the Revised Code this chapter. The board shall consist of four professional engineers, at least one of whom also is a professional surveyor, and one professional surveyor. Members shall be appointed by the governor, with the advice and consent of the senate. Terms of office shall be for five years, commencing on the twenty-fifth day of September and ending on the twenty-fourth day of September. Each member shall hold office from the date of his appointment until the end of the term for which he was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his the member's predecessor was appointed shall hold office for the remainder of such that term. Any member shall continue in office subsequent to the expiration date of his the member's term until his the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. Appointments to the board shall be so limited that no more than one member shall have served more than two consecutive terms. Every member of the board shall receive a certificate of his appointment from the governor and before beginning his the member's term of office shall file with the secretary of state his the member's written oath or affirmation for the faithful discharge of his official duty duties. The governor may remove any member for misconduct, incompetency, neglect of duty, or for other sufficient cause.

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

The secretary executive director shall keep a true and complete record of all proceedings of the board, and may employ such clerical assistance assistants as the board may deem necessary.

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

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

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

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

The registration record shall show:

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

(B) The date of the application;

(C) The place of business of such applicant;

(D) His educational and other qualifications;

(E) Whether or not an examination was required;

(F) Whether the applicant was rejected;

(G) Whether a certificate of registration was granted;

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

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

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

Annually, as of the first day of July, the board shall submit to the governor a report of its transactions of the preceding year, and shall also transmit to him the governor a complete statement of the receipts and expenditures of the board, attested by affidavits of its chairman chairperson and its secretary executive director.

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

(A) As a professional engineer, either by:

(1)(a) Graduation from an approved accredited engineering curriculum in engineering of four years or more in a recognized school or college of engineering and a;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) As used in this section "an approved curriculum in engineering" is one which has been accredited by the engineering accreditation commission of the accreditation board for engineering and technology or one which has been approved by the state board of registration for professional engineers and surveyors as having satisfactory standing, and a "recognized school or college of engineering" means any college or university offering an approved curriculum in engineering. As used in this section, "an approved curriculum in surveying" is one which has been accredited by the related accreditation committee of the accreditation board for engineering and technology or one which has been approved by the state board of registration for professional engineers and surveyors.

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

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

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

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

(H) The board may permit shall require the applicant for a certificate of registration as a professional engineer or professional surveyor to take the prescribed examination in two stages examinations. The first stage of the examination, known as the fundamentals examination, may be taken by the applicant at any time after he the applicant has completed four years of the required education and practical experience under division (A) or (B) of this section, or, at the discretion of the board, an applicant may be permitted to take the first stage of the examination during the applicant's concluding term of an approved curriculum in engineering or surveying of four years or more in a recognized school or college of engineering.

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

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

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

(L)(J) The applicant is not eligible to take the second stage of the examination, known as the principles and practice examination, until he the applicant has satisfactorily completed the requirements in division (A)(1), (2), (B)(1), (2), (3), or (4) of this section and has passed the first stage of the fundamentals examination. An applicant must take and pass the first stage of the examination before being eligible to take the second stage of the examination.

(M)(K) Any person having the necessary qualifications to entitle him the person to registration is eligible for such registration though he the person may not be practicing his the person's profession at the time of making his application.

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

The A nonrefundable examination fee for professional engineers or professional surveyors, which shall accompany the "notice of intention" for each scheduled first stage fundamentals or principles and second stage practice examination, shall be established by the board at an amount adequate to cover the expense of procuring, administering, and grading the examination examinations. The A nonrefundable registration fee, which shall be paid after the applicant has passed both examinations, shall be established by the board at an amount adequate to cover the expense of issuing a certificate of registration.

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

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

Sec. 4733.13.  (A) When written or written and oral examinations are required as provided by section 4733.11 of the Revised Code, they shall be held at such a time and place as specified by the state board of registration for professional engineers and surveyors specifies in rules adopted pursuant to section 4733.03 of the Revised Code. The examination for engineering and the methods of procedure examinations shall test the engineering applicant's knowledge to perform engineering professional engineering or surveying services and to design and supervise engineering works, which shall insure the safety of life, health, and property, except as otherwise provided in division (A)(3) of section 4733.11 of the Revised Code. The first stage. An examination referred to as the fundamentals of engineering or as the fundamentals of surveying examination shall test the applicant's knowledge of the fundamentals of engineering. The board may examine the applicant's knowledge of subjects as the board selects from the published curricula of the engineering colleges in Ohio which have been approved by the board or surveying as appropriate.

(B) For the second stage An examination referred to as the principles and practice of engineering examination in engineering the applicant shall be examined in test the applicant's knowledge of the major branch or branches of engineering in which he the applicant specializes. For the purpose of this section, the major branches of engineering are all those branches in which engineering degrees are conferred by any of the approved engineering colleges of this state. Applicants who specialize in a subbranch of engineering shall be examined in that major branch of engineering of which such subbranch forms a part examinations are offered by the board or the national council of examiners for engineering and surveying.

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

(D) For the second stage A principles and practice of surveying examination in surveying, the applicant shall be examined in test the applicant's knowledge of surveying and the laws and practices applicable to the state of Ohio.

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

Sec. 4733.14.  The state board of registration for professional engineers and surveyors shall issue a certificate of registration, upon payment of the registration fee to any, register and issue a certificate showing initial registration of an applicant who, in the opinion of the board, has satisfactorily met all the requirements of sections 4733.01 to 4733.23 of the Revised Code this chapter. In the case of a registered professional engineer, the certificate shall authorize the practice of "professional engineering," and in the case of a registered professional surveyor, the certificate shall authorize the practice of "professional surveying." Each registrant of this state who holds an unrevoked or unexpired certificate of registration as a professional engineer or professional surveyor in any branch of engineering or surveying on November 1, 1953, is entitled to all the rights and privileges of a registered professional engineer or professional surveyor while the said certificate remains unrevoked or unexpired. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman chairperson and the secretary of the board under seal of the board.

The issuance of a certificate of registration Registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer, or of a registered professional surveyor, while the said certificate registration remains unrevoked or unexpired.

Each registrant may, upon completing registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "registered professional engineer," or "registered professional surveyor," provided, however, that any registered surveyor's seal obtained prior to the amendment of this section effective April 4, 1985, 140 Ohio Laws 4092, shall remain as a legal seal for any registrant who was registered as a "registered surveyor." Plans, specifications, plats, and reports, and all other engineering or surveying work products issued by a registrant shall be stamped with the seal during the life of the registrant's certificate or bear a computer-generated seal in accordance with this section, and be signed and dated by the registrant, but no person shall stamp or, seal, or sign any documents with said seal after the certificate registration of the registrant named thereon has expired or the registration has been revoked or suspended, unless said certificate the registration has been renewed or reissued.

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

Sec. 4733.15.  (A) Certificates of registration expire Registration expires annually on the last day of December following their issuance initial registration or renewal of registration and become becomes invalid on that date unless renewed pursuant to this section and the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code. Renewal may be effected at any time prior to the date of expiration for a period of one year by the applicant's paying to the treasurer of state a fee of sixteen dollars for a renewal of a certificate of registration as either a professional engineer or professional surveyor, and twenty-one dollars for the renewal of the certificates of an individual who is registered as both a professional engineer and professional surveyor. The failure on the part of any registrant to renew a certificate prior to expiration when When notified as required in this section, a registrant's failure to renew registration shall not deprive such person the registrant of the right of renewal within the following twelve months, but the fee to be paid for the renewal of renew a certificate registration within twelve months after expiration shall be increased fifty per cent. The state board of registration for professional engineers and surveyors may, upon request, waive the payment of the renewal fees of a registrant during the period when the registrant is on active duty in connection with any branch of the armed forces of the United States.

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

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

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

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

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

(B)(1) The following persons are exempt from sections 4733.01 to 4733.21 of the Revised Code this chapter:

(1)(a) An employee or a subordinate of a person holding a certificate of registration registered under this chapter or an employee of a person holding temporary certification registration under division (A)(1) of this section or exempted from registration by division (A)(2) of this section;, provided the employee's or subordinate's duties do not include responsible charge of engineering or surveying work;

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

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

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

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

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

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

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

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

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

Sec. 4733.20.  (A) The Pursuant to this section, the state board of registration for professional engineers and surveyors may fine, revoke, suspend, refuse to renew, or limit the certificate of registration of any registrant or the certificate of authorization of any holder of such certificate, or reprimand or, place on probation the holder of a certificate of registration or the holder of a, deny an applicant the opportunity to sit for an examination or to have an examination scored, or impose any combination of these disciplinary measures on any applicant or registrant, or revoke the certificate of authorization who is of any holder found guilty of to be or to have been engaged in any one or more of the following acts or practices:

(1) The practice of any Any fraud or deceit in obtaining a certificate of registration or a certificate of authorization;

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

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

(4) Any Conviction of or plea of guilty to any felony or crime involving moral turpitude;

(5) Violation of the code of ethics this chapter or any rule adopted by the state board of registration for professional engineers and professional surveyors;

(6) Violation of any condition of limitation placed by the board upon a certificate of the registration or a certificate of authorization of any professional engineer or professional surveyor;

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

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

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

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

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

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

(1) Reprimanding the individual or suspend, refuse;

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

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

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

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

The board, for reasons it considers sufficient good cause shown, may reissue a certificate of registration to reregister any person or reissue a certificate of authorization to any corporation, firm, partnership, or association, or limited liability company whose registration or certificate has been revoked or suspended.

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

(H) A new certificate of registration, or certificate of authorization to replace any certificate revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the board, and upon payment of a fee established by the board at an amount adequate to cover the expense of issuing a duplicate certificate of registration authorization.

Sec. 4733.22.  No person shall practice, or offer to practice, the profession of engineering or the profession of surveying without being registered or exempted in accordance with sections 4733.01 to 4733.23 of the Revised Code this chapter, or present or attempt to use as his the person's own the certificate of registration, the certificate of authorization, or the seal of another, or give any false or forged evidence of any kind to the state board of registration for professional engineers and surveyors or to any member thereof in obtaining a certificate of registration or a certificate of authorization, or falsely impersonate any other registrant or holder of a certificate of authorization of like or different name, or attempt to use an expired, suspended, or revoked certificate of registration or certificate of authorization, or otherwise violate such sections this chapter.

Sec. 4733.23.  All officers of the law of this state, or of any political subdivision thereof Except as otherwise provided in divisions (B), (C), and (D) of section 4733.18 of the Revised Code, no public authority, as defined in division (A) of section 153.65 of the Revised Code, shall enforce sections 4733.01 to 4733.22, inclusive, of the Revised Code, and prosecute accept or use any engineering or surveying plan prepared by any persons violating same person not registered as a professional engineer or professional surveyor under this chapter. The state board of registration for professional engineers and surveyors is hereby authorized to apply for relief by injunction or restraining order to enjoin or restrain a person from the commission of any act which is prohibited by sections 4733.01 to 4733.22, inclusive, of the Revised Code this chapter. The remedy provided by this section shall be in addition to any other remedy provided by law. The attorney general or his the attorney general's designated assistant shall act as legal adviser of the board and render such legal assistance as may be necessary.

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

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

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