Utah Land Surveying Licensing Law
Utah Code · 11 sections
The following is the full text of Utah’s land surveying licensing law statutes as published in the Utah Code. For the official version, see the Utah Legislature.
Utah Code 58-22-102
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201.
(2) "Building" means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(3) "Complete construction plans" means a final set of plans, specifications, and reports for a building or structure that normally includes:
(a) floor plans;
(b) elevations;
(c) site plans;
(d) foundation, structural, and framing detail;
(e) electrical, mechanical, and plumbing design;
(f) information required by the energy code;
(g) specifications and related calculations as appropriate; and
(h) all other documents required to obtain a building permit.
(4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology.
(5) "Fund" means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
(6) "NCEES" means the National Council of Examiners for Engineering and Surveying.
(7) "Principal" means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice.
(8) "Professional engineer" means a person licensed under this chapter as a professional engineer.
(9)
(a) "Professional engineering," "the practice of engineering," or "the practice of professional engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services.
(b) "The practice of professional engineering" does not include the practice of architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform architecture work as is incidental to the practice of engineering.
(10) "Professional engineering intern" means a person who:
(a) has completed the education requirements to become a professional engineer;
(b) has passed the fundamentals of engineering examination; and
(c) is engaged in obtaining the four years of qualifying experience for licensure under the supervision of a licensed professional engineer.
(11) "Professional land surveying" or "the practice of land surveying" means a service or work, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting or locating of property boundaries or points controlling boundaries, and for the platting and layout of lands and subdivisions of lands, including the topography, alignment and grades of streets, and for the preparation and perpetuation of maps, record plats, field notes records, and property descriptions that represent these surveys and other duties as sound surveying practices could direct.
(12) "Professional land surveyor" means an individual licensed under this chapter as a professional land surveyor.
(13) "Professional structural engineer" means a person licensed under this chapter as a professional structural engineer.
(14)
(a) "Professional structural engineering" or "the practice of structural engineering" means a service or creative work providing structural engineering services for significant structures, including:
(i) buildings and other structures representing a substantial hazard to human life, which include:
(A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;
(B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;
(C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;
(D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;
(E) jails and detention facilities with a gross area greater than 3,000 square feet; and
(F) buildings and other structures with an occupant load greater than 5,000;
(ii) buildings and other structures designated as essential facilities, including:
(A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;
(B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;
(C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;
(D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;
(E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;
(F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and
(G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
(iii) buildings and other structures requiring special consideration, including:
(A) structures or buildings that are normally occupied by human beings and are five stories or more in height;
(B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and
(C) buildings that are over 200,000 aggregate gross square feet in area.
(b) "Professional structural engineering" or "the practice of structural engineering":
(i) includes the definition of professional engineering or the practice of professional engineering as provided in Subsection (9); and
(ii) may be further defined by rules made by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(15) "Structure" means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(16) "Supervision" means that a licensed professional engineer, professional structural engineer, or professional land surveyor is responsible for and personally reviews, corrects when necessary, and approves work performed by an employee, subordinate, associate, or drafter under the direction of the licensee, and may be further defined by rule by the division in collaboration with the board.
(17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation Board for Engineering and Technology.
(18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-22-501.
(19) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-22-502.5 .
Utah Code 58-22-103
(1) There is created an expendable special revenue fund known as the "Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund." (2) The fund consists of money from: (a) a surcharge fee placed on initial, renewal, and reinstatement licensure fees under this chapter in accordance with the following: (i) the surcharge fee shall be established by the department in accordance with Section 63J-1-504; and (ii) the surcharge fee shall not exceed 50% of the respective initial, renewal, or reinstatement licensure fee; and (b) administrative penalties collected pursuant to this chapter. (3) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund. (4) The director may, with concurrence of the board, make distributions from the fund for the following purposes: (a) education and training of licensees under this chapter; (b) education and training of the public or other interested persons in matters concerning engineering, structural engineering, and land surveying laws and practices; and (c) enforcement of this chapter by: (i) investigating unprofessional or unlawful conduct; and (ii) providing legal representation to the division when the division takes legal action against a person engaging in unprofessional or unlawful conduct. (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess shall be transferred to the General Fund. (6) The division shall report annually to the appropriate appropriations subcommittee of the Legislature concerning the fund.
Utah Code 58-22-201
(1) There is created a Professional Engineers and Professional Land Surveyors Licensing Board. The board shall consist of four licensed professional engineers, one licensed professional structural engineer, one licensed professional land surveyor, and one member from the general public. The composition of the four professional engineers on the board shall be representative of the various professional engineering disciplines. (2) The board shall be appointed and shall serve in accordance with Section 58-1-201. The members of the board who are professional engineers shall be appointed from among nominees recommended by representative engineering societies in this state. The member of the board who is a land surveyor shall be appointed from among nominees recommended by representative professional land surveyor societies. (3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints. (4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Utah Code 58-22-301
(1) A license is required to engage in the practice of professional engineering, professional structural engineering, or professional land surveying, except as specifically provided in Section 58-1-307 or 58-22-305. (2) The division shall issue licenses to individuals qualified under the provisions of this chapter in the following classifications: (a) professional engineer; (b) professional structural engineer; and (c) professional land surveyor. (3) The division may issue a license in a specific engineering discipline or disciplines as defined by rule by the division in collaboration with the board.
Utah Code 58-22-302
(1) Each applicant for licensure as a professional engineer shall: (a) submit an application in a form prescribed by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) (i) have graduated and received a bachelors or masters degree from an engineering program meeting criteria established by rule by the division in collaboration with the board; or (ii) have completed the Transportation Engineering Technology and Fundamental Engineering College Program before July 1, 1998, under the direction of the Utah Department of Transportation and as certified by the Utah Department of Transportation; (d) have successfully completed a program of qualifying experience established by rule by the division in collaboration with the board; (e) have successfully passed examinations established by rule by the division in collaboration with the board; and (f) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualification for licensure. (2) Each applicant for licensure as a professional structural engineer shall: (a) submit an application in a form prescribed by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) have graduated and received an earned bachelors or masters degree from an engineering program meeting criteria established by rule by the division in collaboration with the board; (d) have successfully completed three years of licensed professional engineering experience established by rule by the division in collaboration with the board, except that prior to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form prescribed by the division stating that the applicant is currently engaged in the practice of structural engineering; (e) have successfully passed examinations established by rule by the division in collaboration with the board, except that prior to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form prescribed by the division stating that the applicant is currently engaged in the practice of structural engineering; and (f) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualification for licensure. (3) Each applicant for licensure as a professional land surveyor shall: (a) submit an application in a form approved by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) (i) hold, at a minimum, an associates degree from a land surveying program, or an equivalent land surveying program, such as a program offered by a technical college described in Section 53H-3-1202, established by rule by the division in collaboration with the board, and have successfully completed a program of qualifying experience in land surveying established by rule by the division in collaboration with the board; or (ii) have successfully completed a program of qualifying experience in land surveying prior to January 1, 2007, in accordance with rules established by the division in collaboration with the board; (d) have successfully passed examinations established by rule by the division in collaboration with the board; and (e) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualification for licensure. (4) Each applicant for licensure by endorsement shall: (a) submit an application in a form approved by the division; (b) pay a fee determined by the department under Section 63J-1-504; (c) submit satisfactory evidence of: (i) current licensure in good standing in a jurisdiction recognized by rule by the division in collaboration with the board; (ii) having successfully passed an examination established by rule by the division in collaboration with the board; and (iii) full-time employment as a principal for at least five of the last seven years immediately preceding the date of the application as a: (A) licensed professional engineer for licensure as a professional engineer; (B) licensed professional structural engineer for licensure as a structural engineer; or (C) licensed professional land surveyor for licensure as a professional land surveyor; and (d) meet with the board or representative of the division upon request for the purpose of evaluating the applicant's qualifications for license. (5) The rules made to implement this section shall be in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code 58-22-304
(1) Each individual licensed as a professional land surveyor shall be required to complete a program of qualifying continuing professional education in accordance with standards defined by rule. (2) Each individual licensed as a professional engineer or professional structural engineer may be required to complete a program of qualifying continuing professional education in accordance with standards defined by rule.
Utah Code 58-22-305
(1) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the following acts or practices without being licensed under this chapter: (a) a person offering to render professional engineering, professional structural engineering, or professional land surveying services in this state when not licensed under this chapter if the person: (i) holds a current and valid professional engineer, professional structural engineer, or professional land surveyor license issued by a licensing authority recognized by rule by the division in collaboration with the board; (ii) discloses in writing to the potential client the fact that the professional engineer, professional structural engineer, or professional land surveyor: (A) is not licensed in the state; (B) may not provide professional engineering, professional structural engineering, or professional land surveying services in the state until licensed in the state; and (C) that such condition may cause a delay in the ability of the professional engineer, professional structural engineer, or professional land surveyor to provide licensed services in the state; (iii) notifies the division in writing of the person's intent to offer to render professional engineering, professional structural engineering, or professional land surveying services in the state; and (iv) does not provide professional engineering, professional structural engineering, or professional land surveying services, or engage in the practice of professional engineering, professional structural engineering, or professional land surveying in this state until licensed to do so; (b) a person preparing a plan and specification for a one or two-family residence not exceeding two stories in height; (c) a person licensed to practice architecture under Title 58, Chapter 3a, Architects Licensing Act, performing architecture acts or incidental engineering or structural engineering practices that do not exceed the scope of the education and training of the person performing engineering or structural engineering; (d) unlicensed employees, subordinates, associates, or drafters of a person licensed under this chapter while preparing plans, maps, sketches, drawings, documents, specifications, plats, and reports under the supervision of a professional engineer, professional structural engineer, or professional land surveyor; (e) a person preparing a plan or specification for, or supervising the alteration of or repair to, an existing building affecting an area not exceeding 3,000 square feet when structural elements of a building are not changed, such as foundations, beams, columns, and structural slabs, joists, bearing walls, and trusses; (f) an employee of a communications, utility, railroad, mining, petroleum, or manufacturing company, or an affiliate of such a company, if the professional engineering or professional structural engineering work is performed solely in connection with the products or systems of the company and is not offered directly to the public; (g) an organization engaged in the practice of professional engineering, structural engineering, or professional land surveying, provided that: (i) the organization employs a principal; and (ii) all individuals employed by the organization, who are engaged in the practice of professional engineering, structural engineering, or land surveying, are licensed or exempt from licensure under this chapter; (h) a person licensed as a professional engineer, a professional structural engineer, or a professional land surveyor in a state other than Utah serving as an expert witness, provided the expert testimony meets one of the following: (i) oral testimony as an expert witness in an administrative, civil, or criminal proceeding; or (ii) written documentation included as part of the testimony in a proceeding, including designs, studies, plans, specifications, or similar documentation, provided that the purpose of the written documentation is not to establish specifications, plans, designs, processes, or standards to be used in the future in an industrial process, system, construction, design, or repair; (i) a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Water-Based System Layout, who submits a fire sprinkler system to the authority having jurisdiction, the fire code official, or the building official for approval; (j) a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Fire Alarm Systems, who submits a fire alarm system layout to the authority having jurisdiction, the fire code official, or the building official for approval; (k) a fire code or building official reviewing construction documents for code compliance; and (l) a fire code or building official conducting an inspection for code compliance. (2) Nothing in this section shall be construed to restrict a person from preparing plans for a client under the exemptions provided in Subsections (1)(b), (1)(i), or (1)(j), or taking those plans to a professional engineer for the engineer's review, approval, and subsequent fixing of the engineer's seal to that set of plans.
Utah Code 58-22-501
"Unlawful conduct" includes: (1) using the title "professional engineer," "professional land surveyor," "land surveyor," "professional structural engineer," "structural engineer," or any other words, letters, abbreviations, or designations which represent recognized professional engineering disciplines indicating that the person using them is a professional engineer, professional land surveyor, or professional structural engineer if the person has not been licensed under this chapter, except as provided in Subsection 58-22-305(1); (2) using the terms "engineering," "structural engineering," or "surveying" or any similar words, letters, or abbreviations to describe the type of activity performed or offered to be performed if the person has not been licensed under this chapter, except as provided in Subsection 58-22-305(1); (3) engaging in or representing itself as engaging in the practice of professional engineering, professional structural engineering, or professional land surveying as a corporation, proprietorship, partnership, or limited liability company, except as provided in Subsection 58-22-305(1); (4) engaging in the practice of engineering, structural engineering, or surveying as set forth in Subsections 58-22-102(9), (11), and (14), if the person has not been licensed under this chapter, except as provided in Section 58-1-307 or Subsections 58-3a-304(1)(b) through (f); or (5) a professional engineer engaging in the practice of structural engineering as defined in Subsection 58-22-102(14)(a).
Utah Code 58-22-602
(1) Any final plan, specification, and report of a building or structure erected in this state shall bear the seal of a professional engineer or professional structural engineer licensed under this chapter, except as provided in Section 58-22-305, in Title 58, Chapter 3a, Architects Licensing Act, and by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. (2) Any final plan, specification, and report prepared by, or under the supervision of, the professional engineer or professional structural engineer shall bear the seal of the professional engineer or professional structural engineer when submitted to a client, when filed with public authorities, or when submitted to a building official for the purpose of obtaining a building permit, even if the practice is exempt from licensure under Section 58-22-305. (3) Any final plan, map, sketch, survey, drawing, document, plat, and report shall bear the seal of the professional land surveyor licensed under this chapter when submitted to a client or when filed with public authorities.
Utah Code 58-22-603
(1) A professional engineer or professional structural engineer may only affix the licensee's seal to a plan, specification, and report when the plan, specification, and report: (a) was personally prepared by the licensee; (b) was prepared by an employee, subordinate, associate, or drafter under the supervision of a licensee, provided the licensee or a principal affixing the seal assumes responsibility; (c) was prepared by a licensed professional engineer, professional structural engineer, or architect in this state or any other state provided: (i) the licensee in this state affixing the seal performs a thorough review of all work for compliance with all applicable laws and rules and the standards of the profession; and (ii) makes any necessary corrections before submitting the final plan, specification, or report: (A) to a building official for the purpose of obtaining a building permit; or (B) to a client who has contracted with a professional engineer or professional structural engineer for the design of a building or structure, when the licensee represents, or could reasonably expect the client to consider, the plan, specification, or report to be complete and final; (d) was prepared in part by a licensed professional engineer, professional structural engineer, or architect in this state or any other state provided: (i) the licensee in this state clearly identifies that portion of the plan, specification, or report for which the licensee is responsible; (ii) the licensee in this state affixing the seal performs a thorough review of that portion of the plan, specification, or report for which the licensee is responsible for compliance with the standards of the profession; and (iii) makes any necessary corrections before submitting the final plan, specification, or report for which the licensee is responsible: (A) to a building official for the purpose of obtaining a building permit; or (B) to a client who has contracted with a professional engineer or professional structural engineer for the design of a building or structure, when the licensee represents, or could reasonably expect the client to consider, the plans, specifications, or reports to be complete and final; (e) was prepared by a person exempt from licensure as a professional engineer, professional structural engineer, or architect provided that: (i) the licensee in this state affixing the seal performs a thorough review for compliance with all applicable laws and rules and the standards of the profession; and (ii) makes any necessary corrections before submitting the final plan, specification, or report: (A) to a building official for the purpose of obtaining a building permit; or (B) to a client who has contracted with a professional engineer, professional structural engineer, or architect for the design of a building or structure, when the licensee represents, or could reasonably expect the client to consider, the plan, specification, or report to be complete and final; or (f) meet any additional requirements established by rule by the division in collaboration with the board. (2) A professional land surveyor may only affix the licensee's seal to a plan, map, sketch, survey, drawing, document, plat, and report when the plan, map, sketch, survey, drawing, document, plat, and report: (a) was personally prepared by the licensee; or (b) was prepared by an employee, subordinate, associate, or drafter under the supervision of a professional land surveyor, provided the professional land surveyor or a principal affixing the seal assumes responsibility.
Utah Code Ann. § t79-ch3
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