Commerce, Occupational and Professional Licensing

Rule R156-22

Professional Engineers and Professional Land Surveyors Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 37074
Filed: 11/26/2012 12:46:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Professional Engineers and Professional Land Surveyors Licensing Board are proposing amendments to provide further definition of engineering work that is incidental to the practice of architecture, make a minor technical change, and reduce requirements for waiving of an exam for applicants for licensure by endorsement.

Summary of the rule or change:

In Section R156-22-102, the proposed amendments add language that allows architects to engage in engineering work that is incidental to the practice of architecture it if affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. A similar proposed amendment being made to Section R156-3a-102 allows engineers to engage in architectural work that is incidental to the practice of engineering if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. In Subsection R156-22-302d(3)(b), a minor wording change is made. Under Subsection R156-22-302d(4)(a)(ii), an applicant for licensure by endorsement as a professional engineer must have been licensed for at least 20 years in order to qualify for waiving of the National Council of Examiners in Engineering and Surveying (NCEES) Principles and Practice of Engineering (PE) Examination. The Board and Division feel this requirement is overly restrictive and propose that 10 years of licensure be adopted as a more reasonable standard. (DAR NOTE: The proposed amendment to Section R156-3a-102 is under DAR No. 37073 in this issue, December 15, 2012, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-22-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only impact architects, professional engineers, and applicants for the professional engineer license. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only impact architects, professional engineers, and applicants for the professional engineer license. The proposed amendments to the definition of incidental practice allow architects to engage in engineering work that is incidental to the practice of architecture if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some architects will experience a financial benefit because it allows them to provide some incidental engineering services that they are unable to provide under the current rule. In these cases, some architectural firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit. Reducing the number of years of licensure required to waive the PE exam requirement results in a quicker and less expensive path to licensure by endorsement for a small number of applicants for the professional engineer license. In these cases, some engineering firms may experience a financial benefit; however; the Division is unable the estimate the extent of the benefit.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only impact architects, professional engineers, and applicants for the professional engineer license. The proposed amendments to the definition of incidental practice allow architects to engage in engineering work that is incidental to the practice of architecture if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some architects will experience a financial benefit because it allows them to provide some incidental engineering services that they are unable to provide under the current rule. In these cases, some architectural firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit. Reducing the number of years of licensure required to waive the PE exam requirement results in a quicker and less expensive path to licensure by endorsement for a small number of applicants for the professional engineer license. In these cases, some engineering firms may experience a financial benefit; however; the Division is unable the estimate the extent of the benefit.

Compliance costs for affected persons:

The proposed amendments only impact architects, professional engineers, and applicants for the professional engineer license. The proposed amendments to the definition of incidental practice allow architects to engage in engineering work that is incidental to the practice of architecture if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some architects will experience a financial benefit because it allows them to provide some incidental engineering services that they are unable to provide under the current rule. In these cases, some architectural firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit. Reducing the number of years of licensure required to waive the PE exam requirement results in a quicker and less expensive path to licensure by endorsement for a small number of applicants for the professional engineer license. In these cases, some engineering firms may experience a financial benefit; however; the Division is unable the estimate the extent of the benefit.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendment clarifies the definition of the term "incidental practice" to incorporate a statutory licensing exemption that allows for any person to design, alter, or repair a portion of an existing building, under specified circumstances, without holding an engineer or land surveyor license. No compliance is required; therefor, businesses will not experience any compliance-related costs. Businesses that choose to operate under the licensing exemption may recognize new revenues, which will vary and cannot be estimated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/16/2013

Interested persons may attend a public hearing regarding this rule:

• 01/16/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

01/23/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule.

R156-22-102. Definitions.

In addition to the definitions in Title 58, Chapters 1, 3a and 22, as used in Title 58, Chapters 1, 3a and 22, or this rule:

(1) "Complete and final", as used in Section 58-22-603, means "complete construction plans" as defined in Subsection 58-22-102(3).

(2) "Direct supervision", as used in Subsection 58-22-102(10), means "supervision" as defined in Subsection 58-22-102(16).

(3) "Employee, subordinate, associate, or drafter of a licensee", as used in Subsections 58-22-102(16), 58-22-603(1)(b) and this rule, means one or more individuals not licensed under this chapter, who are working for, with, or providing professional engineering, professional structural engineering, or professional land surveying services directly to and under the supervision of a person licensed under this chapter.

(4) "Engineering surveys", as used in Subsection 58-22-102(9), include all survey activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements, alignment of streets, and the dependent or independent surveys or resurveys of the public land survey system.

(5) "Highly toxic materials", as used in Subsection 58-22-102(14)(a)(ii)(F), is hazardous materials as defined in Section 307 of the 2009 International Building Code and Section 2703 of the 2009 International Fire Code.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering", as used in Subsection 58-22-102(9), and "engineering work as is incidental to the practice of architecture", as used in Subsection 58-3a-102(6), which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsections 58-3a-603(1) or 58-22-603(1);

(d) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work that affects not greater than 49 occupants as determined in Section 1004 of the 2009 International Building Code;

(e) unless exempt from licensure as provided in Subsection 58-22-305(1)(e), is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy category of III or IV as defined in 1604.5 of the 2009 International Building Code.

(7) "Maximum allowable quantities", as used in Subsection 58-22-102(14)(a)(ii)(F), is quantities of hazardous materials as set forth in Section 307 of the 2009 International Building Code, Tables 307.1(1) and 307.1(2), which when exceeded, would classify the building, structure or portion thereof as Group H-1, H-2, H-3, H-4 or H-5 hazardous use.

(8) "NCEES FE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Engineering Examination.

(9) "NCEES FS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Fundamentals of Surveying Examination.

(10) "NCEES PE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice of Engineering Examination.

(11) "NCEES PS", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Principles and Practice in Surveying Examination.

(12) "NCEES SE", as used throughout this rule, means the National Council of Examiners in Engineering and Surveying Structural Engineering Examination.

(13) "Professional structural engineering or the practice of structural engineering", as defined in Subsection 58-22-102(14), is further defined to exclude the design and oversight of the construction and installation of highway, utility, or pedestrian bridges.

(14) "Recognized jurisdiction", as used in Subsection 58-22-302(4)(d)(i), for licensure by endorsement, means any state, district or territory of the United States, or any foreign country that issues licenses to professional engineers, professional structural engineers, or professional land surveyors.

(15) "Responsible charge" by a principal, as used in Subsection 58-22-102(7), means that the licensee is assigned to and is personally accountable for the production of specified professional engineering, professional structural engineering or professional land surveying projects within an organization.

(16) "TAC/ABET" means Technology Accreditation Commission/Accreditation Board for Engineering and Technology(ABET, Inc.).

(17) "Under the direction of the licensee", as used in Subsection 58-22-102(16), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of a licensee", means that the unlicensed employee, subordinate, associate, or drafter of a person licensed under this chapter engages in the practice of professional engineering, professional structural engineering, or professional land surveying only on work initiated by a person licensed under this chapter, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of a person licensed under this chapter.

(18) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 22, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-22-502.

 

R156-22-302d. Qualifications for Licensure - Examination Requirements.

(1) Examination Requirements - Professional Engineer.

(a) In accordance with Subsection 58-22-302(1)(f), the examination requirements for licensure as a professional engineer are defined, clarified or established as the following:

(i) the NCEES FE examination with a passing score as established by the NCEES except that an applicant who has completed one of the following is not required to pass the FE examination:

(A) a Ph.D. or doctorate degree in engineering from an institution that offers EAC/ABET undergraduate programs in the Ph.D. field of engineering; or

(B) A Ph.D. or doctorate degree in engineering from a foreign institution if the engineering curriculum is determined by the NCEES Credentials Evaluations, formerly known as the Center for Professional Engineering Education Services (CPEES), to fulfill the required curricular content of the NCEES Engineering Education Standard.

(ii) the NCEES PE examination or the NCEES SE examination with a passing score as established by the NCEES; and

(iii) pass all questions on the open book, take home Utah Law and Rules Examination, which is included as part of the license application form.

(b) If an applicant was approved by the Division of Occupational and Professional Licensing to take the examinations required for licensure as an engineer under prior Utah statutes and rules and did take and pass all examinations required under such prior rules, the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302d(1)(a).

(c) Prior to submitting an application for pre-approval to sit for the NCEES PE examination, an applicant must have successfully completed three out of the four years of the qualifying experience requirements set forth in Subsection R156-22-302c(1) after having successfully completed the education requirements set forth in Subsection R156-22-302b(1).

(d) The admission criteria to sit for the NCEES FE examination is set forth in Section 58-22-306.

(2) Examination Requirements - Professional Structural Engineer.

(a) In accordance with Subsection 58-22-302(2)(f), the examination requirements for licensure as a professional structural engineer are established as the following:

(i) as part of the application for license, pass all questions on the open book, take home Utah Law and Rules Examination.

(ii) the NCEES FE examination with a passing score as established by the NCEES;

(iii)(A) the NCEES SE examination;

(B) prior to April 2011, the NCEES Structural I and Structural II Examinations with a passing score as established by the NCEES;

(C) prior to January 1, 2004, an equivalent 16-hour state written examination with a passing score; or

(D) the NCEES Structural II exam and an equivalent 8-hour state written examination with a passing score.

(b) Prior to submitting an application for pre-approval to sit for the NCEES SE examination, an applicant must have successfully completed two out of the three years of the experience requirements set forth in Subsection R156-22-302c(3).

(3) Examination Requirements - Professional Land Surveyor.

(a) In accordance with Subsection 58-22-302(3)(e), the examination requirements for licensure as a professional land surveyor are established as the following:

(i) the NCEES FS examination with a passing score as established by the NCEES;

(ii) the NCEES PS examination with a passing score as established by the NCEES; and

(iii) the Utah Local Practice Examination with a passing score of at least 75. An applicant who fails the Utah Local Practice Examination may retake the examination as follows:

(A) no sooner than 30 days following any failure, up to three failures; and

(B) no sooner than six months following any failure thereafter.

(b) Prior to submitting an application for pre-approval to sit for the NCEES PS examination, an applicant [must have]shall successfully complete[d] the education requirement set forth in Subsection R156-22-302b(2) and three out of the four years of the qualifying experience requirements set forth in Subsection R156-22-302c(4).

(4) Examination Requirements for Licensure by Endorsement.

In accordance with Subsection 58-22-302(4)(d)(ii), the examination requirements for licensure by endorsement are established as follows:

(a) Professional Engineer: An applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(1) except that the Board may waive one or more of the following examinations under the following conditions:

(i) the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(ii) the NCEES PE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application, who has been licensed for [20]10 years preceding the date of the license application, and who was not required to pass the NCEES PE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(b) Professional Structural Engineer: An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(2) except that the Board may waive the NCEES FE examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(c) Professional Land Surveyor: An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Subsection R156-22-302d(3) except that the Board may waive either the NCEES FS examination or the NCEES PS examination or both to an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FS examination or the NCEES PS examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

 

KEY: professional land surveyors, professional engineers, professional structural engineers

Date of Enactment or Last Substantive Amendment: [June 21, 2012]2013

Notice of Continuation: June 25, 2012

Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)