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S. B. No. 154 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Seitz, Brown, Uecker, Eklund
A BILL
To amend sections 4703.30, 4733.01, 4733.09, 4733.11,
4733.12, 4733.13, 4733.15, and 4733.151 of the
Revised Code to make changes to the examination,
reporting, and educational requirements of
professional engineers and surveyors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4703.30, 4733.01, 4733.09, 4733.11,
4733.12, 4733.13, 4733.15, and 4733.151 of the Revised Code be
amended to read as follows:
Sec. 4703.30. As used in sections 4703.30 to 4703.49 of the
Revised Code:
(A) "Landscape architect" means a person who has been
registered as provided in sections 4703.30 to 4703.49 of the
Revised Code.
(B) "Landscape architecture" or "the practice of landscape
architecture" includes:
(1) The preparation of master, site, and comprehensive
development plans, the preparation of feasibility and site
selection studies, and the supervision of the execution of
projects thereon, in accordance with the accepted professional
standards of public health, welfare, and safety, where the
dominant purpose of such service involves:
(a) The preservation, conservation, enhancement, or
determination of proper land and water uses, natural land
features, ground cover and plantings, naturalistic and aesthetic
values, natural systems, reforestation, restoration, and
reclamation;
(b) The determination of settings, grounds, and approaches
for buildings and structures or other improvements; the
determination of environmental problems of land relating to
erosion and sediment control, flooding, blight and other hazards;
the shaping and contouring of land and water forms; the
determination of grades; and the determination of surface and
ground water drainage and providing for drainage systems where
such systems do not require structural design of system components
or a hydraulic analysis of the receiving storm water conveyance
system;
(c) The development of roadways and parkways, equestrian,
bicycle, and pedestrian circulation systems, sidewalks, parking,
planting, pools, irrigation systems, and other ancillary elements,
for public and private use and enjoyment.
(2) The preparation of construction documents, provided that
these are limited to and are necessary for projects within the
scope of the practice of landscape architecture as defined in
divisions (B)(1)(a), (b), and (c) of this section;
(3) The following services as they relate to the practice of
landscape architecture:
(a) Construction observation;
(b) Project coordination and review of technical submissions,
plans, and construction documents;
(c) Collaboration with architects and professional engineers
in the design of streets, highways, bridges, buildings, and
structures with respect to the functional and aesthetic
requirements of the area in which such facilities are to be
placed.
(4) This practice shall include the location and arrangement
of such tangible objects and features as are incidental and
necessary to the purposes outlined in this section, but shall not
include the design of structures or facilities with separate and
self-contained purposes for habitation or industry, or the design
of streets and highways, utilities, storm and sanitary sewers, and
water and sewage treatment facilities, such as are exclusive to
the practice of engineering or architecture. A landscape architect
shall undertake to perform professional services only when the
landscape architect is qualified by education, training, and
experience in the specific technical areas involved. This division
shall not be construed to prohibit a landscape architect from
engaging individuals performing services outside the scope of the
landscape architect's qualifications as consultants.
(5) The practice of landscape architecture does not include
the practice of surveying as defined in division (F) of section
4733.01 of the Revised Code.
(C) "Board" means the state board of landscape architect
examiners.
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 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 ABET, Inc.
(D) "ABET, Inc." means the accreditation board for
engineering and technology.
(D)(E) "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)(F) "Professional surveyor" means a person who is
registered as a professional surveyor under this chapter.
(F)(G) "Practice of surveying" means any professional service
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. 4733.09. 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.
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
executive director under seal, shall be admissible in evidence as
if the original were produced.
Annually, as of the first day of July following the end of
the fiscal year, the board shall submit to the governor a report
of its transactions activities of the preceding year, and shall
also transmit to the governor include a complete statement of the
receipts and expenditures of the board, attested by affidavits of
its chairperson and its executive director.
Sec. 4733.11. (A) The state board of registration for
professional engineers and surveyors shall consider an applicant
to be qualified for registration as a professional engineer if an
applicant satisfies all of the requirements listed in either
division (A)(1) or (2) of this section as follows:
(1)(a) Graduation from an accredited engineering curriculum
of four years or more;
(b) A specific record of 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;
(c) Passing the prescribed written or written and oral
examinations under divisions (A) and (B) of section 4733.13 of the
Revised Code.
(2)(a) Graduation from a college curriculum in engineering of
four years or more that is not approved by the engineering
accreditation commission of the accreditation board for
engineering and technology accredited, whose curricula is
evaluated by the board and found to be of a high quality
essentially equal to the curricula that are accredited by ABET,
Inc., or graduation from a college curriculum in engineering
technology of four years or more that is accredited by the
engineering technical accreditation commission of
the
accreditation board for engineering and technology ABET, Inc.;
(b) Eight 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)(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;
(c) Passing the prescribed written or written and oral
examinations under divisions (A) and (B) of section 4733.13 of the
Revised Code.
(B) The state board of registration for professional
engineers and surveyors shall consider an applicant to be
qualified for registration as a professional surveyor 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;
(b) A specific record of 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 the four years of work in the
surveying of land boundaries under the direct supervision of a
professional surveyor, 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
examinations under divisions (A) and (C) of section 4733.13 of the
Revised Code.
(2)(a) Graduation from an accredited curriculum in civil
engineering of four years or more in a recognized school or
college;
(b) Successful completion of at least twenty-four quarter
sixteen semester hours, or equivalent semester quarter or
trimester hours, of approved surveying courses in surveying 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 six semester
hours, or equivalent semester quarter or trimester hours, are in
surveying of land boundaries;
(c) A specific record of 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 the four years of work in
surveying of land boundaries under the direct supervision of a
professional surveyor, 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
examinations under divisions (A) and (C) of section 4733.13 of the
Revised Code.
(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
may be credited for registration, if the experience is acceptable
to the board.
(D) 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 ABET, Inc., 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. 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
superintendent is not deemed to be practical experience in
engineering or surveying work.
(G) Every person applying for registration as a professional
engineer or professional surveyor shall be required to pass the
fundamentals examination and the principles and practice
examination as provided in section 4733.13 of the Revised Code. In
addition to passing each requisite examination, each applicant
must submit evidence, satisfactory to the board, that the
applicant has completed the practical experience required in this
section.
(H) The board shall require the applicant for registration as
a professional engineer or professional surveyor to take two
examinations. The first examination, known as the fundamentals
examination, may be taken by the applicant at any time after the
applicant has completed the required education under division (A)
or (B) of this section, or, at the discretion of the board, an
applicant may be permitted to take the first examination during
the applicant's concluding term of an approved curriculum in
engineering or surveying of four years or more.
(I) When the applicant has passed the fundamentals
examination, the The board shall give an applicant shall be given
an appropriate certificate by the board showing the applicant's
status as an engineer intern or surveyor intern upon the
occurrence of all of the following:
(1) The applicant provides proof to the board that the
applicant has passed the fundamentals examination as described in
division (A) of section 4733.13 of the Revised Code.
(2) The board believes the applicant meets the requirements
of this chapter based on verified evidence.
(3) The applicant applies for registration in accordance with
the requirements of this chapter.
(4) The applicant pays the fee required pursuant to section
4733.12 of the Revised Code.
Each applicant applying for registration as a professional
engineer or professional surveyor shall first be certified as an
engineer intern or surveyor intern in this state.
(J) The applicant is not eligible to take the second
examination, known as the principles and practice examination,
until the applicant has passed the fundamentals examination.
(K) Any person having the necessary qualifications to entitle
the person to registration is eligible for registration though the
person may not be practicing the person's profession at the time
of making 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 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 the
applicant's engineering or surveying experience. The application
shall be accompanied by a nonrefundable application fee, which
shall be established by the board at an amount adequate to cover
the costs of processing the application.
A nonrefundable examination fee for professional engineers or
professional surveyors, which shall accompany the "notice of
intention" for each scheduled fundamentals or principles and
practice examination, shall be established by the board at an
amount adequate to cover the expense of procuring, administering,
and grading the examinations. 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 registration.
(B) The board shall establish a fee for a certificate of
authorization issued under section 4733.16 of the Revised Code in
an amount not to exceed fifty dollars and 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 a time and place specified by
the state board of registration for professional engineers and
surveyors. The examinations shall test the applicant's knowledge
to perform professional engineering or surveying services which
shall insure the safety of life, health, and property. 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 or
surveying as appropriate.
(B) An examination referred to as the principles and practice
of engineering examination shall test the applicant's knowledge of
the branch of engineering in which the applicant specializes. For
the purpose of this section, the branches of engineering are all
those branches in which engineering examinations are offered by
the board or the national council of examiners for engineering and
surveying.
(C) A principles and practice of surveying examination shall
test the applicant's knowledge of surveying and the laws and
practices applicable to the state of Ohio.
(D) An applicant failing an examination may apply for
re-examination. The fee for each re-examination shall be the same
as the regular examination fee.
Sec. 4733.15. (A) Registration expires on the last day of
December 2011, and becomes invalid on that date unless renewed.
For renewals after that date, registration expires biennially on
the last day of December following initial registration or renewal
of registration and becomes invalid on that date unless renewed.
Renewal may be effected by the applicant's payment to the
treasurer of state of a fee of forty dollars for a renewal of
registration as either a professional engineer or professional
surveyor and demonstration of completion of the continuing
professional development requirements of section 4733.151 of the
Revised Code. When notified as required in this section, a
registrant's failure to renew registration shall not deprive the
registrant of the right of renewal within the following twelve
months, but the fee to renew a registration within twelve months
after expiration shall be increased fifty per cent, and the
registrant shall certify completion of continuing professional
development hours as required in section 4733.151 of the Revised
Code.
The state board of registration for professional engineers
and surveyors may, upon request, waive the payment of renewal fees
or the completion of continuing professional development
requirements for 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 or professional surveying
services, through the registered professional engineer or
professional surveyor designated as being in responsible charge of
the professional engineering or professional surveying practice,
from the date of issuance until the last second immediately
succeeding thirtieth 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.
Thereafter, the certificate shall expire
biennially on the thirtieth day of June.
(C) If a registrant fails to renew registration as provided
under division (A) of this section, renewal and reinstatement may
be effected under rules the board adopts regarding requirements
for reexamination or reapplication, and reinstatement penalty
fees. The board may require a registrant who fails to renew
registration to complete the required hours of continuing
professional development as a condition of renewal and
reinstatement if the registrant seeks renewal and reinstatement
under this division.
Sec. 4733.151. (A) For registrations expiring on the last day
of December 2011, each registrant for renewal shall have
completed, in calendar year 2011, at least fifteen hours of
continuing professional development for professional engineers and
surveyors. Thereafter, each registrant shall complete at least
thirty hours of continuing professional development during the
two-year period immediately preceding the biennial renewal
expiration date.
(B) The continuing professional development requirement may
be satisfied by coursework or activities dealing with technical,
ethical, or managerial topics relevant to the practice of
engineering or surveying. A registrant may earn continuing
professional development hours by completing or teaching
university or college level coursework, attending seminars,
workshops, or conferences, authoring relevant published papers,
articles, or books, receiving patent awards, or actively
participating in professional or technical societies serving the
engineering or surveying professions.
In the case of the board disputing the content of any credit
hours or coursework, then the board shall presume as a matter of
law that any credit hours submitted by a registrant, or any
coursework or activity submitted for approval, complies with this
section if submitted and if a statement signed by a current
registrant not otherwise participating in the event affirms that
the material is relevant to the registrant's practice and will
assist the registrant's development in the profession.
Credit for university or college level coursework shall be
based on the credit established by the university or college. One
semester hour as established by the university or college shall be
the equivalent of forty-five hours of continuing professional
development, and one quarter hour as established by the university
or college shall be the equivalent of thirty hours of continuing
professional development.
Credit for seminars, workshops, or conferences offering
continuing education units shall be based on the units awarded by
the organization presenting the seminar, workshop, or conference.
A registrant may earn ten continuing professional development
hours for each continuing education unit awarded. Each hour of
attendance at a seminar, workshop, or conference for which no
continuing education units are offered shall be the equivalent of
one continuing professional development hour.
A registrant may earn two continuing professional development
hours for each year of service as an officer or active committee
member of a professional or technical society or association that
represents registrants or entities composed of registrants. A
registrant may earn ten continuing professional development hours
for authoring relevant published papers, articles, or books. A
registrant may earn ten continuing professional development hours
for each such published paper, article, or book. A registrant may
earn ten continuing professional development hours for each patent
award.
(C) A person registered as both a professional engineer and
professional surveyor shall complete at least ten of the thirty
hours required under division (A) of this section in
engineering-related coursework or activities and at least ten of
those thirty hours in surveying-related coursework or activities.
(D) A registrant is exempt from the continuing professional
development requirements of this section during the first calendar
year of registration.
(E) A registrant who completes more than thirty hours of
approved coursework or activities in a biennial renewal period may
carry forward to the next biennial renewal period a maximum of
fifteen of the excess hours.
(F) A registrant shall maintain records to demonstrate
completion of the continuing professional development requirements
specified in this section for a period of four calendar years
beyond the year in which certification of the completion of the
requirements is obtained by the registrant. The records shall
include all of the following:
(1) A log specifying the type of coursework or activity, its
location and duration along with the instructor's name, and the
number of continuing professional development hours earned;
(2) Certificates of completion or other evidence verifying
attendance.
(G) The records specified in division (F) of this section may
be audited at any time by the state board of registration for
professional engineers and surveyors. If the board discovers that
a registrant has failed to complete coursework or activities, it
shall notify the registrant of the deficiencies and allow the
registrant six months from the date of the notice to rectify the
deficiencies and to provide the board with evidence of
satisfactory completion of the continuing professional development
requirements. If the registrant fails to provide such evidence
within that six-month period, the board may revoke or suspend the
registration after offering an adjudication hearing in accordance
with Chapter 119. of the Revised Code.
Section 2. That existing sections 4703.30, 4733.01, 4733.09,
4733.11, 4733.12, 4733.13, 4733.15, and 4733.151 of the Revised
Code are hereby repealed.
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