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§ 149. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: July 12, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 5. Engineer, Land Surveyor and Geologist Registration Law (Refs & Annos)
Effective: July 12, 2010
63 P.S. § 149
§ 149. Definitions
As used in this act--
(a)(1) “Practice of Engineering” shall mean the application of the mathematical and physical sciences for the design of public or private buildings, structures, machines, equipment, processes, works or engineering systems, and the consultation, investigation, evaluation, engineering surveys, construction management, planning and inspection in connection therewith, the performance of the foregoing acts and services being prohibited to persons who are not licensed under this act as professional engineers unless exempt under other provisions of this act.
(2) The term “Practice of Engineering” shall also mean and include related acts and services that may be performed by other qualified persons, including but not limited to, municipal planning, incidental landscape architecture, teaching, construction, maintenance and research but licensure under this act to engage in or perform any such related acts and services shall not be required.
(3) The foregoing shall not be deemed to include the practice of architecture as such, for which separate registration is required under the provisions of the act of July 12, 1919 (P.L. 933, No. 369),1 entitled “An act to regulate the practice of architecture in the Commonwealth of Pennsylvania by providing for the examination and registration of architects by a State Board of Examiners; defining the power and duties of said board of examiners; and providing penalties for the violation of this act,” excepting only architectural work incidental to the “practice of engineering.”
(4) The “Practice of Engineering” shall not preclude the practice of the sciences which shall include but not be limited to: soil science, geology, physics and chemistry.
(b) “Inspection” shall mean the acts and services performed in the practice of engineering during the construction, development, production or functioning of the things designed: Provided, That performance of such acts and services shall not be construed as a guarantee of satisfactory performance by others, or an assumption of financial liability for defects or deficiencies in the work of others.
(c) “Engineer-in-Training” means a candidate for licensure as a professional engineer, who has been granted a certificate as an engineer-in-training after successfully passing the prescribed written examination2 in fundamental engineering subjects, and who shall be eligible upon the completion of the requisite years of experience in engineering, under the supervision of a professional engineer, or similarly qualified engineer, for the final examination prescribed for licensure as a professional engineer.
(d) “Practice of Land Surveying” means the practice of that branch of the profession of engineering which involves the location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any road right-of-way, easement or alignment; the use of principles of land surveying, determination of the position of any monument or reference point which marks a property line boundary, or corner setting, resetting or replacing any such monument or individual point including the writing of deed descriptions; procuring or offering to procure land surveying work for himself or others; managing or conducting as managers, proprietors or agent any place of business from which land surveying work is solicited, performed, or practiced; the performance of the foregoing acts and services being prohibited to persons who are not granted certificates of registration under this act as a professional land surveyor unless exempt under other provisions of this act.
(e) “Professional Engineer” means an individual licensed and registered under the laws of this Commonwealth to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed and registered as a professional land surveyor as defined and set forth in this act; however, a professional engineer may perform engineering land surveys.
(f) “Professional Land Surveyor” means an individual licensed and registered under the laws of this Commonwealth to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering.
(g) “Board” means The State Registration Board for Professional Engineers, Land Surveyors and Geologists.
(h) “Department” means the Department of State.
(i) “Responsible Charge” means a position that requires initiative, skill and independent judgment, and implies such degree of competence and accountability gained by technical education and experience of a grade and character as is sufficient to qualify an individual to personally and independently engage in and be entrusted with the work involved in the practice of engineering or land surveying. This term does not include positions which require routine performance of subprofessional work such as auxiliary survey personnel (unless acting as chief of party) and drafting personnel.
(j) “Engineering Land Surveys” means surveys for: (i) the development of any tract of land including the incidental design of related improvements, such as line and grade extension of roads, sewers and grading but not requiring independent engineering judgment: Provided, however, That tract perimeter surveys shall be the function of the Professional Land Surveyor; (ii) the determination of the configuration or contour of the earth's surface, or the position of fixed objects thereon or related thereto by means of measuring lines and angles and applying the principles of mathematics, photogrammetry or other measurement methods; (iii) geodetic survey, underground survey and hydrographic survey; (iv) storm water management surveys and sedimentation and erosion control surveys; (v) the determination of the quantities of materials; (vi) tests for water percolation in soils; and (vii) the preparation of plans and specifications and estimates of proposed work and attendant costs as described in this subsection.
(k) “Employe” means an individual who is on payroll and for whom taxes are withheld and Social Security is withheld and matched.
(l) “Surveyor-in-Training” means a candidate for licensure as a professional land surveyor who has been granted a certificate as a surveyor-in-training after successfully passing the prescribed written examination in fundamental land surveying subjects and who shall be eligible, upon the completion of the requisite years of experience in land surveying, under the supervision of a professional land surveyor or similarly qualified surveyor, for the final examination prescribed for licensure as a professional land surveyor.
(m) “Geology” means the science which treats the Earth in general, the study of the physical Earth, the investigation of the Earth's crust and the rocks and other minerals which compose it and the applied science of utilizing knowledge of the Earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind.
(n) “Practice of geology” means the practice or the offer to practice geology for others for a fee, including, but not limited to, describing the natural processes acting on earth materials, gases or fluids, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind and recognizing, determining and evaluating geologic factors. The term shall also include the performance of geological service or work, consultation, investigation, evaluation, planning, mapping and inspection of geological work required in implementing the provisions of any Federal or State law or regulation or the provisions of any ordinance, code, rule or permit required by any local political subdivision. The term shall not include the practice of engineering, land surveying or landscape architecture for which separate licensure is required.
(o) “Activity” shall mean any qualifying activity with a clear purpose and objective which will maintain, improve or expand the skills and knowledge relevant to a licensee's professional practice.
(p) “College or Unit Semester Hour” or “College or Unit Quarter Hour” shall mean credit for courses in programs approved by the Accreditation Board of Engineering and Technology or the National Association of State Boards of Geology or other related college courses.
(q) “Continuing Education Unit” shall mean a unit of credit customarily used for continuing education courses.
(r) “Course” shall mean any qualifying course with a clear purpose and objective which will maintain, improve or expand the skills and knowledge relevant to a licensee's professional practice.
(s) “Geologist-in-training” means a candidate for licensure as a professional geologist who has been granted a certificate as a geologist-in-training after successfully passing the required written examination in fundamental geology subjects and who shall be eligible, upon completion of the requisite years of experience in geology under the supervision of a professional or similarly qualified geologist, for the final examination prescribed for licensure as a professional geologist.
(t) “Professional Development Hour” or “PDH” shall mean fifty minutes of instruction or presentation relevant to professional practice or any equivalent.

Credits

1945, May 23, P.L. 913, § 2, effective June 30, 1946. Amended 1967, Nov. 24, P.L. 548, No. 270, § 1, effective Jan. 1, 1968; 1979, Dec. 13, P.L. 534, No. 120, § 2, effective in 60 days; 1990, Dec. 19, P.L. 782, No. 192, § 3, effective in 60 days; 1992, Dec. 16, P.L. 1151, No. 151, § 2, effective in 60 days; 2010, May 12, P.L. 192, No. 25, § 1, effective in 60 days [July 12, 2010].

Footnotes

63 P.S. § 21 et seq. and 71 P.S. § 1181 et seq. (repealed); see now, 63 P.S. § 34.1 et seq.
Enrolled bill read “examintaion”.
63 P.S. § 149, PA ST 63 P.S. § 149
Current through 2022 Regular Session Act 96. Some statute sections may be more current, see credits for details.
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