PRINTER'S NO. 3425
No. 2493 Session of 1976
INTRODUCED BY SHELTON, HEPFORD, RIEGER AND OLIVER, JUNE 8, 1976
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 8, 1976
AN ACT
1 Amending the act of May 23, 1945 (P.L.913, No.367), entitled "An
2 act relating to and regulating the practice of the profession
3 of engineering; including civil engineering, mechanical
4 engineering, electrical engineering, mining engineering,
5 chemical engineering, surveying and constituent parts and
6 combinations thereof as herein defined; providing for the
7 licensing and registration of persons practicing said
8 profession, and the certification of engineers in training,
9 and the suspension and revocation of said licenses,
10 registrations and certifications for violation of this act;
11 prescribing the powers and duties of the State Registration
12 Board for Professional Engineers, the Department of Public
13 Instruction and the courts; prescribing penalties; and
14 repealing existing laws," further defining and adding terms;
15 changing provisions relating to surveyors; increasing fees;
16 and further providing for disposition thereof.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Sections 2, 3, 4 and 5, act of May 23, 1945
20 (P.L.913, No.367), known as the "Professional Engineers
21 Registration Law," amended November 24, 1967 (P.L.548, No.270)
22 and section 4(b)(3) also amended December 14, 1967 (P.L.842,
23 No.365), are amended to read:
24 Section 2. Definitions.--As used in this act--
25 (a) "Practice of Engineering" shall mean the application of
1 the mathematical and physical sciences for the design of public
2 or private buildings, structures, machines, equipment,
3 processes, works or engineering systems, and the consultation,
4 investigation, evaluation, engineering surveys, planning and
5 inspection in connection therewith, the performance of the
6 foregoing acts and services being prohibited to persons who are
7 not licensed under this act as professional engineers unless
8 exempt under other provisions of this act.
9 The term "Practice of Engineering" shall also mean and
10 include related acts and services that may be performed by other
11 qualified persons, including but not limited to, municipal
12 planning, incidental landscape architecture, teaching,
13 [surveying,] aerial photogrammetry, construction, maintenance
14 and research but licensure under this act to engage in or
15 perform any such related acts and services shall not be
16 required.
17 The foregoing shall not be deemed to include the practice of
18 architecture as such, for which separate registration is
19 required under the provisions of the act of July 12, 1919
20 (P.L.933, No.369), entitled "An act to regulate the practice of
21 architecture in the Commonwealth of Pennsylvania by providing
22 for the examination and registration of architects by a State
23 Board of Examiners; defining the power and duties of said board
24 of examiners; and providing penalties for the violation of this
25 act," excepting only architectural work incidental to the
26 "practice of engineering."
27 (b) "Engineering Surveys" means surveys for the development
28 of any tract of land or a project including incidental design of
29 related improvements such as line and grade extension of roads,
30 sewers, grading (except that no design of sewage treatment
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1 facilities shall be included): Provided, however, That tract
2 perimeter surveys shall be the function of the Professional Land
3 Surveyor; the determination of the configuration or contour of
4 the earth's surface, or the position of fixed objects thereon or
5 related thereto by means of measuring lines and angles and
6 applying the principles of mathematics, photogrammetry or other
7 measurement methods; geodetic or cadastral survey, underground
8 survey and hydrographic survey; sedimentation and erosion
9 control surveys; surveys for the determination of the quantities
10 of materials; tests for water percolation in soils; and the
11 preparation of plans and specifications and estimates of
12 proposed work as described herein.
13 (b) "Inspection" shall mean the acts and services performed
14 in the practice of engineering during the construction,
15 development, production or functioning of the things designed:
16 Provided, That performance of such acts and services shall not
17 be construed as a guarantee of satisfactory performance by
18 others, or an assumption of financial liability for defects or
19 deficiencies in the work of others.
20 (c) "Engineer-in-Training" means a candidate for licensure
21 as a professional engineer, who has been granted a certificate
22 as an engineer-in-training after successfully passing the
23 prescribed written examination in fundamental engineering
24 subjects, and who shall be eligible upon the completion of the
25 requisite years of experience in engineering, under the
26 supervision of a professional engineer, or similarly qualified
27 engineer, for the final examination prescribed for licensure as
28 a professional engineer.
29 [(d) "Practice of Surveying" means the practice of that
30 branch of the profession of engineering which makes surveys for
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1 the determination of area, and for the establishment or
2 reestablishment of land boundaries and the subdivision and
3 plotting of land, and who makes surveys for the establishment of
4 lines, grades or elevations for carrying out engineering work,
5 and who, in connection therewith, determines quantities of
6 materials and prepares plans or specifications for minor work
7 not involving safety to life or health, and who determines
8 quantities or who makes estimates for proposed work, or for work
9 under construction, or work that is completed, or who, in
10 addition to the foregoing, makes estimates of quantities of
11 mineral or minerals in place, or that have been removed.]
12 (d) "Practice of Land Surveying" means the location,
13 relocation, establishment, re-establishment or retracement of
14 any property line or boundary of any parcel of land or any road
15 right-of-way, easement or alignment; the use of principles of
16 land surveying, determination of the position of any monument or
17 reference point which marks a property line boundary, or corner
18 setting, resetting or replacing any such monument or individual
19 point including the writing of deed descriptions; procuring or
20 offering to procure land surveying work for himself or others;
21 managing or conducting as managers, proprietors or agent any
22 place of business from which land surveying work is solicited,
23 performed, or practiced; the performance of the foregoing acts
24 and services being prohibited to persons who are not granted
25 certificates of registration under this act as a professional
26 land surveyor unless exempt under other provisions of this act.
27 (e) "Professional Engineer" means an individual licensed and
28 registered under the laws of this Commonwealth to engage in the
29 practice of engineering. A professional engineer may not
30 practice land surveying unless licensed and registered as a
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1 professional land surveyor as defined and set forth in this act.
2 (f) "Professional Land Surveyor" means an individual
3 licensed and registered under the laws of this Commonwealth to
4 engage in the practice of land surveying. A professional land
5 surveyor may perform engineering surveys but may not practice
6 any other branch of engineering.
7 (g) "Board" means The State Registration Board for
8 Professional Engineers.
9 (h) "Department" means the Department of State.
10 (i) "Responsible Charge" means a position that requires
11 initiative, skill and independent judgment, and implies such
12 degree of competence and accountability gained by technical
13 education and experience of a grade and character as is
14 sufficient to qualify an individual to personally and
15 independently engage in and be entrusted with the work involved
16 in the practice of engineering or land surveying. This term does
17 not include positions which require routine performance of
18 subprofessional work such as auxiliary survey personnel (unless
19 acting as chief of party) and drafting personnel.
20 Section 3. Practice of Engineering or Land Surveying Without
21 Licensure and Registration Prohibited.--In order to safeguard
22 life, health or property and to promote the general welfare, it
23 is unlawful for any person to practice or to offer to practice
24 engineering in this Commonwealth, unless he is licensed and
25 registered under the laws of this Commonwealth as a professional
26 engineer, or for any person to practice or to offer to practice
27 land surveying, unless he is licensed and registered under the
28 laws of this Commonwealth as a professional land surveyor[, or
29 as a professional engineer].
30 A person shall be construed to practice or offer to practice
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1 engineering or land surveying who practices any branch of the
2 profession of engineering or land surveying; or who, by verbal
3 claim, sign, advertisement, letterhead, card, or in any other
4 way represents himself to be an engineer or land surveyor, or
5 through the use of some other title implies that he is an
6 engineer or land surveyor or that he is registered under this
7 act; or who holds himself out as able to perform, or who does
8 perform any engineering service or work or any other service
9 designated by the practitioner or recognized as engineering or
10 land surveying.
11 Section 4. General Powers of Board.--The board shall have
12 power--
13 (a) Approval of Institutions and Colleges.--To investigate
14 and to approve or disapprove institutions and colleges of this
15 State, and other states, territories and countries for the
16 education of students desiring to be licensed to engage in the
17 practice of engineering or land surveying, and to revoke or
18 suspend approvals where such institutions and colleges no longer
19 are deemed proper.
20 (b) Licensing Professional Engineers.--To provide for and to
21 regulate the licensing, and to license to engage in the practice
22 of engineering any person of good character and repute who is at
23 least in his twenty-fifth year of age, and who speaks and writes
24 the English language, if such person either--
25 (1) Holds an unexpired license or certificate of
26 registration issued to him by proper authority of some other
27 state or foreign country in which the requirements and
28 qualifications to engage in the practice of engineering were at
29 the time of the initial issuance of such license or certificate
30 of registration at least equal to the then existing standards of
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1 this Commonwealth: Provided, however, That such other state,
2 territory or foreign country shall similarly license or register
3 professional engineers licensed and registered in this
4 Commonwealth. A person may be licensed under this subdivision
5 without examination.
6 (2) Holds a certificate of qualifications issued by the
7 National Bureau of Engineering Registration of the National
8 Council of State Boards of Engineering Examiners: Provided, The
9 requirements and qualifications of said bodies to engage in the
10 practice of engineering are at least equal to the standards of
11 this Commonwealth. A person may be licensed under this
12 subdivision without examination.
13 In carrying into effect clauses (1) and (2) of subdivision
14 (b) of this section the board may in its discretion enter into
15 agreements for reciprocity with the National Council of State
16 Boards of Engineering Examiners and with states under such rules
17 and regulations as the board may prescribe.
18 (3) Has had four or more years' experience in engineering
19 work under the supervision of a professional engineer, or a
20 similarly qualified engineer of a grade or character to fit him
21 to assume responsible charge of the work involved in the
22 practice of engineering, and is either an engineer-in-training
23 or a graduate in engineering of an approved institution or
24 college having a course in engineering of four or more years, or
25 has had four or more years of experience in engineering work,
26 teaching in an approved institution or college, and who is a
27 graduate of an approved institution or college having a course
28 in engineering of four or more years and who in either event
29 successfully passes written examinations prescribed by the board
30 in engineering subjects. In the case of the examination of an
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1 engineer-in-training his examination shall be directed and
2 limited to those matters which will test the applicant's ability
3 to apply the principles of engineering to the actual practice of
4 engineering. In the case of an applicant who is not an engineer-
5 in-training the examination shall be for the purpose of testing
6 the applicant's knowledge of fundamental engineering subjects,
7 including mathematics and the physical sciences and those
8 matters which will test the applicant's ability to apply the
9 principles of engineering to the actual practice of engineering:
10 Provided, That graduates in engineering who were graduated prior
11 to January 1, 1968 or engineers-in-training who received a
12 certificate from the board prior to January 1, 1968, shall not
13 be required to take the examination prescribed for engineers-in-
14 training. To be licensed under this subdivision, the person
15 shall be required to successfully pass the examinations
16 prescribed by the board for both professional engineers and
17 engineers-in-training.
18 (4) Has had twelve or more years of active experience in
19 engineering work, at least eight years of which shall have been
20 under the supervision of a professional engineer, or similarly
21 qualified engineer of a grade and character to fit him to assume
22 responsible charge of the work involved in the practice of
23 engineering, and who successfully passes written examinations
24 prescribed by the board for the purpose of testing the
25 applicant's knowledge of fundamental engineering subjects,
26 including mathematics and the physical sciences and those
27 matters which will test the applicant's ability to apply the
28 principles of engineering to the actual practice of engineering.
29 To be licensed under this subdivision, the person shall be
30 required to successfully pass the examinations prescribed by the
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1 board for both professional engineers and engineers-in-training.
2 (5) Is possessed of long established and recognized standing
3 in the engineering field, provided said person is not less than
4 fifty years of age and has a record of not less than twenty-five
5 years' experience in engineering, of which at least fifteen
6 years has been in responsible charge of important, and
7 outstanding, engineering work or teaching. Upon application from
8 such an individual and the payment of the required registration
9 fees, the board may issue to such an applicant a certificate of
10 registration as a professional engineer based upon an oral
11 examination and after approval of a majority of the board.
12 Prior to consideration by the board of any such application
13 made under this clause (5) and prior to giving any such oral
14 examination, the board shall issue public notice of the names of
15 all such applicants in a newspaper of general circulation in
16 Dauphin County, Pennsylvania, and the duly approved Legal
17 Journal of Dauphin County. The application forms relative to
18 such applicants shall be open to public inspection, and the
19 board shall receive and consider all written comments relative
20 to such applicants in processing such applications.
21 (c) Examination and Certification of Engineers-in-
22 Training.--To provide for and to regulate the examination of any
23 person who has produced satisfactory evidence that he has
24 graduated in an engineering curriculum from an approved
25 institution or college having a course of four years or more in
26 engineering or who has had four or more years' experience in
27 engineering work, and who produces satisfactory evidence to show
28 knowledge, skill and education approximating that attained
29 through graduation from an approved institution or college, and
30 to issue to any such person who successfully passes such
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1 examination a certificate showing that he has successfully
2 passed this portion of the professional examination and is
3 recognized as an engineer-in-training. The examination of
4 applicants as engineers-in-training shall be designed to permit
5 an applicant for licensure as a professional engineer to take
6 his examination in two stages. The examination for certification
7 as an engineer-in-training shall be for the purpose of testing
8 the applicant's knowledge of fundamental engineering subjects,
9 including mathematics and the physical sciences. Satisfactory
10 passing of this portion of the examination shall constitute a
11 credit for the life of the applicant or until he is licensed
12 under this act as a professional engineer.
13 (d) Licensing of Land Surveyors.--To provide for and to
14 regulate the licensing and to license to engage in the practice
15 of land surveying any person of good character and repute who is
16 at least in his [twenty-first] twenty-fifth year of age, and who
17 speaks and writes the English language if such person:
18 (1) Has graduated in civil engineering or surveying from an
19 approved institution or college having an engineering course of
20 not less than four years, and including at least ten credit
21 hours of surveying or has graduated in an approved two-year
22 course in surveying leading to an associate degree in surveying,
23 and has had [two] four or more years' progressive experience in
24 land surveying under the supervision of a professional [engineer
25 or surveyor] land surveyor or a similarly qualified surveyor of
26 a character indicating that the applicant is competent to assume
27 responsible charge of the practice of land surveying, [A person
28 may be licensed under this subdivision without examination.] and
29 who successfully passes a written sixteen-hour examination
30 prescribed by the board in surveying subjects.
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1 (2) Has had [six] ten or more years' active progressive
2 experience in land surveying work, half of which time shall have
3 been spent in responsible charge of primary land surveying
4 functions, under the supervision of a professional [engineer or]
5 land surveyor or a similarly qualified surveyor, of a character
6 indicating that the applicant is competent to assume responsible
7 charge of the work involved in the practice of land surveying
8 and who successfully passes a written sixteen-hour examination
9 prescribed by the board in surveying subjects.
10 (e) Investigations of Applications; Determination of
11 Competency of Applicants.--To investigate the allegations
12 contained in any application for licensure or certification
13 under this act in order to determine the truth of such
14 allegations and to determine the competency of any person
15 applying for licensure to assume responsible charge of the work
16 involved in the practice of engineering or land surveying, such
17 competency to be determined by the grade and character of the
18 engineering work, or the grade and character of the land
19 surveying work actually performed. The mere execution as a
20 contractor of work designed by a professional engineer, or the
21 supervision of the construction of such work as a foreman or
22 superintendent, or the operation or maintenance of machinery or
23 equipment, or work performed as a salesman of engineering
24 equipment or apparatus, shall not be deemed to be active
25 practice in engineering, unless such work has involved the
26 actual practice of engineering. Engineering and land surveying
27 work, performed under the supervision of a professional engineer
28 or land surveyor respectively, shall be given full credit.
29 Whenever the board determines otherwise than by examination,
30 that an applicant has not produced sufficient evidence to show
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1 that he is competent to be placed in responsible charge and
2 shall refuse to examine or to license such applicant, it shall
3 set forth in writing its findings and the reasons for its
4 conclusions and furnish a copy thereof to the applicant.
5 (f) Examinations; Fees.--To prescribe the subjects, manner,
6 time and place of examinations for licenses as professional
7 engineers and land surveyors, and for certificates for
8 engineers-in-training, and the filing of applications for such
9 examinations, and to prepare and provide for the preparation of
10 such examinations, conduct and provide for the conduct of such
11 examinations, to make written reports of such examinations,
12 which reports shall be preserved for a period of not less than
13 three years, to collect such fees for such examinations, and for
14 licenses and certificates issued without examination, as may be
15 fixed according to law, and to issue licenses and certificates
16 to such persons as successfully pass such examinations.
17 (g) Biennial Registrations; Fees.--To provide for, regulate
18 and require all persons licensed in accordance with the
19 provisions of this act and all persons licensed and registered
20 under prior laws of this Commonwealth, relating to the licensing
21 of professional engineers and land surveyors, to register
22 biennially with the board, to prescribe the form of such
23 registration, and the payment of such biennial registration fee,
24 as shall be fixed according to law, to issue biennial
25 registration to such persons and to suspend or revoke the
26 license or registration of such persons as fail, refuse or
27 neglect to so register, or pay such fee within such time as the
28 board shall prescribe by its rules and regulations, and to
29 reinstate licenses and registrations of persons who shall
30 thereafter pay such registration fees in accordance with the
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1 rules and regulations of the board.
2 (h) Roster of Registrants.--To keep a roster showing the
3 names and addresses of, the places of business of all
4 professional engineers and land surveyors licensed under this
5 act, and under prior laws, and registered by the board, which
6 roster shall be published in booklet form by the board every
7 [five] two years. The roster shall also contain the names and
8 addresses of all engineers-in-training certified under this act,
9 and under prior laws, and registered by the board. In the
10 interim years following the publishing of the complete roster,
11 the board shall each year publish a supplemental roster
12 containing the names, registration numbers where applicable, and
13 addresses of all professional engineers, land surveyors and
14 engineers-in-training registered or certified by the board
15 subsequent to the publishing of the last published roster. [or
16 supplemental roster.] Copies of the roster and supplemental
17 roster shall be furnished [upon request] to each registered or
18 certified person, the Planning Commission, and the prothonotary
19 of each county in the Commonwealth and may be furnished to other
20 persons upon such terms as the board shall prescribe.
21 (i) Suspension and Revocation of Licenses; Registrations and
22 Certificates; Reinstatements.--To suspend or revoke the license
23 and registration of any professional engineer or land surveyor
24 or the certificate of any engineer-in-training, who is found
25 guilty by the board, by a majority vote of all its members, of
26 the practice of any fraud, deceit or misrepresentation in
27 obtaining his license, certification or registration, or of
28 gross negligence, incompetency or misconduct in the practice of
29 engineering, or in the practice of land surveying, or of
30 violation of the code of ethics of the engineering profession,
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1 and to reinstate licenses, registrations and certificates in any
2 cases where a majority of all the members of the board shall
3 determine the same to be just and proper. For the purposes of
4 this subsection, the code of ethics is as follows:
5 It shall be considered unprofessional and inconsistent with
6 honorable and dignified bearing for any professional engineer or
7 land surveyor:
8 (1) To act for his client or employer in professional
9 matters otherwise than as a faithful agent or trustee, or to
10 accept any remuneration other than his stated recompense for
11 services rendered.
12 (2) To attempt to injure falsely or maliciously, directly or
13 indirectly, the professional reputation, prospects or business
14 of anyone.
15 (3) To attempt to supplant another engineer or land surveyor
16 after definite steps have been taken toward his employment.
17 (4) To compete with another engineer or land surveyor for
18 employment by the use of unethical practices.
19 (5) To review the work of another engineer or land surveyor
20 for the same client, except with the knowledge of such engineer
21 or land surveyor, or unless the connection of such engineer or
22 land surveyor with the work has terminated.
23 (6) To attempt to obtain or render technical services or
24 assistance without fair and just compensation commensurate with
25 the services rendered: Provided, however, the donation of such
26 services to a civic, charitable, religious or eleemosynary
27 organization shall not be deemed a violation.
28 (7) To advertise in self-laudatory language, or in any other
29 manner, derogatory to the dignity of the profession.
30 (8) To attempt to practice in any field of engineering in
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1 which the registrant is not proficient.
2 (9) To aid or abet any person in the practice of engineering
3 or land surveying unless such person is authorized to practice
4 professional engineering or professional land surveying under
5 the provisions of this act or prior laws.
6 (10) To permit the use of his professional seal on work over
7 which he was not in responsible charge.
8 (j) Financial Requirements of Board.--To submit biennially
9 to the department a budget estimate of the financial
10 requirements of the board for administrative, investigative,
11 legal and miscellaneous expenses, which budget estimate shall
12 not exceed eighty percent of the estimated income to be derived
13 from fees for examination, licenses and certificates in
14 accordance with the provisions of this act.
15 (k) Administration and Enforcement of Laws.--To administer
16 and enforce the laws of the Commonwealth relating to the
17 practice of engineering and land surveying, and to instruct and
18 require its agents to bring prosecutions for unauthorized and
19 unlawful practices.
20 (l) Minutes and Records.--To keep minutes and records of all
21 its transactions and proceedings. Copies thereof duly certified
22 by the secretary of the board shall be received in evidence in
23 all courts and elsewhere.
24 (m) Member of National Council of State Boards of
25 Engineering Examiners; Dues.--To become a member of the National
26 Council of State Boards of Engineering Examiners, and to pay
27 such dues as said council shall establish, and to send delegates
28 to the annual meeting of said council, and to defray their
29 expenses.
30 (n) Administrative Rules and Regulations.--To adopt,
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1 promulgate and enforce such administrative rules and
2 regulations, not inconsistent with this act, as are deemed
3 necessary and proper by the board to carry into effect the
4 powers conferred by this act.
5 Section 5. Exemption from Licensure and Registration.--
6 Except as specifically provided in this section, this act shall
7 not be construed to require licensure and registration in the
8 following cases:
9 (a) The practice of engineering or land surveying by any
10 person who acts under the supervision of a professional engineer
11 or land surveyor respectively, or by an employe of such a person
12 lawfully engaged in the practice of engineering or land
13 surveying and who, in either event, does not assume responsible
14 charge of design or supervisions;
15 (b) The practice of engineering or land surveying, not
16 exceeding thirty days in the aggregate in one calendar year, by
17 a nonresident not having a place of business in this
18 Commonwealth, if such person is legally qualified to engage in
19 the practice of engineering or land surveying in the state or
20 territory of his residence: Provided, That standards of such
21 state or territory are at least equal to the standards of this
22 Commonwealth;
23 (c) The practice of engineering or land surveying by
24 officers and employes of the United States Government for the
25 said government;
26 (d) Except as otherwise provided in subsection (g) of this
27 section, the practice of engineering or land surveying by a
28 regular employe of a public utility company, as defined by the
29 Pennsylvania Public Utility Law in connection with the
30 facilities of such public utility, which are subject to
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1 regulation by the Pennsylvania Public Utility Commission:
2 Provided, That such public utility shall employ at least one
3 professional engineer, as defined in this act, who shall be in
4 responsible charge of such utility's engineering work, and shall
5 employ at least one professional land surveyor, as defined in
6 this act, who shall be in responsible charge of such utilities'
7 land surveyor work;
8 (e) The practice of architecture by a duly registered
9 architect, and the doing of such engineering work as is
10 incidental to his architectural work;
11 (f) The practice of engineering or land surveying by any
12 person or by any employe of any copartnership, association or
13 corporation upon property owned by such person or such
14 copartnership, association or corporation, unless such practice
15 affects the public safety or health or the property of some
16 other person.
17 (g) The practice of engineering or land surveying work by a
18 manufacturing, mining, communications common carrier, research
19 and development or other industrial corporation or by employes
20 of such corporation, provided such work is in connection with or
21 incidental to products of, or non-engineering services rendered
22 by, such corporation or its affiliates.
23 (h) The running of lines or grades and layout work on or
24 within established property limits, or from established points
25 outside the property limits to or within such property limits
26 when performed by a contractor or home builder in conjunction
27 with the construction, reconstruction, alteration, maintenance
28 or demolition of a structure or other facility.
29 Section 2. Sections 6 and 7 of the act are amended to read:
30 Section 6. Practice by Firms and Corporations.--The practice
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1 of engineering and of land surveying being the function of an
2 individual or of individuals working in concerted effort, it
3 shall be unlawful for any firm or corporation to engage in such
4 practice, or to offer to practice, or to assume use or advertise
5 any title or description conveying the impression that such firm
6 or corporation is engaged in or is offering to practice such
7 profession, unless the directing heads and employes of such firm
8 or corporation in responsible charge of its activities in the
9 practice of such profession are licensed and registered in
10 conformity with the requirements of this act, and whose name and
11 seal shall be stamped on all plans, specification plates and
12 reports issued by such firm or corporation.
13 Section 7. Seal of Registrants.--Each person, registered
14 under this act, shall obtain a seal of a design authorized by
15 the board which shall bear the registrant's name and number and
16 the legend "Registered Professional Engineer" or "Registered
17 Professional Land Surveyor." Such seal, or a facsimile imprint
18 of same, shall be stamped on all plans, specifications, plates
19 and reports issued by a professional engineer or land surveyor.
20 It shall be unlawful for any person to use such seal during
21 the period the license or registration of the holder thereof has
22 been suspended or revoked, or to use a seal of any design not
23 approved by the board.
24 Section 3. Section 8 of the act, amended December 17, 1959
25 (P.L.1885, No.688), and repealed in part January 6, 1970 (1969
26 P.L.434, No.185), July 31, 1970 (P.L.673, No.223), and June 3,
27 1971 (P.L.118, No.6), is amended to read:
28 Section 8. Procedure for the Suspension and Revocation of
29 Licenses and Registrations; Appeals.--Before the license of any
30 licensee, or any registration, or any certification is suspended
19760H2493B3425 - 18 -
1 or revoked by the board, a written copy of the complaint made
2 shall be furnished to the licensee, registrant, or person
3 against whom the same is directed, and an opportunity be
4 afforded him to be heard before the board personally and by
5 counsel. At least ten days' written notice of the time and place
6 of such hearing shall be given the licensee, registrant or
7 person by registered mail addressed to the post office address
8 as shown on the biennial registration, or other record, or
9 information in possession of the board.
10 Any person aggrieved by the action of the board in suspending
11 or revoking a license, registration or certification or by any
12 other action of the board, which is alleged to be improper,
13 unreasonable or unlawful may appeal from such action of the
14 board, in writing, to the [Court of Common Pleas of Dauphin
15 County] Commonwealth Court of Pennsylvania.
16 Appeals from suspensions and revocations of licenses,
17 registrations and certifications must be taken within thirty
18 days after such suspension or revocation, of which action,
19 immediate notice shall be given by the board to the licensee,
20 registrant or person by registered mail addressed as above
21 provided. In the case of appeals from other actions of the
22 board, the appeal may be taken at any time by the person
23 aggrieved by such action. No such appeal shall act as
24 supersedeas unless specially allowed by the court.
25 Appeals shall be taken by serving upon the board written
26 notice of such appeal, together with reasons for such appeal.
27 Such service shall be made by filing the said notice of appeal
28 in the office of the board.
29 Within thirty days after the service of such notice of
30 appeal, the board shall file with the prothonotary of the said
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1 [court of common pleas] Commonwealth Court, a transcript of the
2 record of the proceedings. Notice of the filing of said
3 transcript, with the term and number to which filed, shall be
4 forthwith given by the board to the appellant and as well to the
5 party or parties, if any, upon whose complaint the proceedings
6 before the board were instituted. The cost of the said
7 transcript at twenty-five cents per folio and one dollar for the
8 certification shall be entered as part of the record costs in
9 the cause to be paid as the court may direct.
10 The court, upon application by the board or the appellant,
11 shall fix a time and place for hearing, at which time or at any
12 adjournment thereof, the appeal shall be heard by the judge or
13 judges of the court without a jury. The court shall affirm the
14 decision of the board, unless it shall find the same is in
15 violation of the constitutional rights of the appellant, or is
16 not in accordance with law, or was made upon unlawful procedure,
17 or that any finding of fact made by the board and necessary to
18 support its adjudication is not supported by substantial
19 evidence. If the adjudication of the board is not affirmed the
20 court may set aside or modify it in whole or in part, or may
21 remand the proceeding to the board for further disposition in
22 accordance with the order of court.
23 Section 4. Section 9 of the act, amended November 24, 1967
24 (P.L.548, No.270), is amended to read:
25 Section 9. Fees.--The fee for an applicant for licensure as
26 a professional engineer or land surveyor, including examination,
27 and for examination or certification, or both, as an engineer-
28 in-training, shall be fixed by the board in accordance with
29 existing law. All persons now qualified and engaged in the
30 practice of engineering and land surveying, or who shall
19760H2493B3425 - 20 -
1 hereafter be licensed by the board, shall register, biennially,
2 with the board and pay for each biennial registration a fee of
3 ten dollars ($10.00). All fees collected under the provisions of
4 this act shall be received by the board [and] twenty per cent of
5 which shall be paid into the State Treasury through the
6 Department of Revenue for the use of the General Fund of the
7 Commonwealth, the remainder to be retained by the board to
8 defray the board's expenses as budgeted.
9 Section 5. Section 10 of the act, amended December 17, 1959
10 (P.L.1885, No.688), is amended to read:
11 Section 10. Status of Existing Licensees and Registrants
12 Preserved.--Any person, licensed or legally authorized to
13 practice as a professional engineer or land surveyor in this
14 Commonwealth at the time this act takes effect, shall thereafter
15 continue to possess the same rights and privileges with respect
16 to the practice of engineering or land surveying without being
17 required to be licensed anew under the provisions of this act,
18 subject, however, to the following:
19 (1) Any person licensed to practice as a professional
20 engineer at the time of the effective date of this act, upon
21 application to the board within two years of the effective date
22 of this act, shall be granted a certificate of registration to
23 practice land surveying.
24 (2) All actions shall be subject to the power of the board
25 as provided in this act to suspend or revoke the license of any
26 such person for any of the causes set forth in this act, and
27 subject to the power of the board to require any such person to
28 register biennially with the board as provided in this act.
29 Section 6. Section 11 of the act is amended to read:
30 Section 11. Penalties.--Whoever shall engage in the practice
19760H2493B3425 - 21 -
1 of engineering or the practice of land surveying without being
2 licensed and registered as required by this act, or exempted
3 therefrom, as provided in this act, or shall present or attempt
4 to use, as his own, the license or certificate of registration
5 of another, or shall give any false or forged evidence of any
6 kind to the board, or to any member thereof, in order to obtain
7 a license or registration as a professional engineer or
8 professional land surveyor or a certificate as an engineer-in-
9 training, or shall use any expired, suspended or revoked
10 certificate of registration, or shall otherwise violate the
11 provisions of this act, shall be guilty of a misdemeanor, and
12 upon conviction thereof, shall be sentenced to pay a fine not
13 exceeding [five hundred dollars] one thousand dollars, or suffer
14 imprisonment, not exceeding [three] six months, or both.
15 Section 7. This act shall take effect in 60 days.
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