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Am. Sub. H. B. No. 337As Reported by the Senate Insurance, Commerce and Labor Committee
As Reported by the Senate Insurance, Commerce and Labor Committee
124th General Assembly | Regular Session | 2001-2002 |
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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
A BILL
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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