PRINTER'S NO. 599
No. 551 Session of 1977
INTRODUCED BY DOMBROWSKI, POLITE, PYLES, ABRAHAM, CALTAGIRONE,
FISHER AND CESSAR, MARCH 7, 1977
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 7, 1977
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)] (c) "Inspection" shall mean the acts and services
14 performed in the practice of engineering during the
15 construction, development, production or functioning of the
16 things designed: Provided, That performance of such acts and
17 services shall not be construed as a guarantee of satisfactory
18 performance by others, or an assumption of financial liability
19 for defects or deficiencies in the work of others.
20 [(c)] (d) "Engineer-in-Training" means a candidate for
21 licensure as a professional engineer, who has been granted a
22 certificate as an engineer-in-training after successfully
23 passing the prescribed written examination in fundamental
24 engineering subjects, and who shall be eligible upon the
25 completion of the requisite years of experience in engineering,
26 under the supervision of a professional engineer, or similarly
27 qualified engineer, for the final examination prescribed for
28 licensure as 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 (e) "Practice of Land Surveying" means the practice of that
13 branch of professional engineering which involves the location,
14 relocation, establishment, re-establishment or retracement of
15 any property line or boundary of any parcel of land or any road
16 right-of-way, easement or alignment; the use of principles of
17 land surveying, determination of the position of any monument or
18 reference point which marks a property line boundary, or corner
19 setting, resetting or replacing any such monument or individual
20 point including the writing of deed descriptions; procuring or
21 offering to procure land surveying work for himself or others;
22 managing or conducting as managers, proprietors or agent any
23 place of business from which land surveying work is solicited,
24 performed, or practiced; the performance of the foregoing acts
25 and services being prohibited to persons who are not granted
26 certificates of registration under this act as a professional
27 land surveyor unless exempt under other provisions of this act.
28 [(e)] (f) "Professional Engineer" means an individual
29 licensed and registered under the laws of this Commonwealth to
30 engage in the practice of engineering. A professional engineer
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1 may not practice land surveying unless licensed and registered
2 as a professional land surveyor as defined and set forth in this
3 act.
4 [(f)] (g) "Professional Land Surveyor" means an individual
5 licensed and registered under the laws of this Commonwealth to
6 engage in the practice of land surveying. A professional land
7 surveyor may perform engineering surveys but may not practice
8 any other branch of engineering.
9 [(g)] (h) "Board" means The State Registration Board for
10 Professional Engineers.
11 [(h)] (i) "Department" means the Department of State.
12 [(i)] (j) "Responsible Charge" means a position that
13 requires initiative, skill and independent judgment, and implies
14 such degree of competence and accountability gained by technical
15 education and experience of a grade and character as is
16 sufficient to qualify an individual to personally and
17 independently engage in and be entrusted with the work involved
18 in the practice of engineering or land surveying. This term does
19 not include positions which require routine performance of
20 subprofessional work such as auxiliary survey personnel (unless
21 acting as chief of party) and drafting personnel.
22 Section 3. Practice of Engineering or Land Surveying Without
23 Licensure and Registration Prohibited.--In order to safeguard
24 life, health or property and to promote the general welfare, it
25 is unlawful for any person to practice or to offer to practice
26 engineering in this Commonwealth, unless he is licensed and
27 registered under the laws of this Commonwealth as a professional
28 engineer, or for any person to practice or to offer to practice
29 land surveying, unless he is licensed and registered under the
30 laws of this Commonwealth as a professional land surveyor[, or
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1 as a professional engineer].
2 A person shall be construed to practice or offer to practice
3 engineering or land surveying who practices any branch of the
4 profession of engineering or land surveying; or who, by verbal
5 claim, sign, advertisement, letterhead, card, or in any other
6 way represents himself to be an engineer or land surveyor, or
7 through the use of some other title implies that he is an
8 engineer or land surveyor or that he is registered under this
9 act; or who holds himself out as able to perform, or who does
10 perform any engineering service or work or any other service
11 designated by the practitioner or recognized as engineering or
12 land surveying.
13 Section 4. General Powers of Board.--The board shall have
14 power--
15 (a) Approval of Institutions and Colleges.--To investigate
16 and to approve or disapprove institutions and colleges of this
17 State, and other states, territories and countries for the
18 education of students desiring to be licensed to engage in the
19 practice of engineering or land surveying, and to revoke or
20 suspend approvals where such institutions and colleges no longer
21 are deemed proper.
22 (b) Licensing Professional Engineers.--To provide for and to
23 regulate the licensing, and to license to engage in the practice
24 of engineering any person of good character and repute who is at
25 least in his twenty-fifth year of age, and who speaks and writes
26 the English language, if such person either--
27 (1) Holds an unexpired license or certificate of
28 registration issued to him by proper authority of some other
29 state or foreign country in which the requirements and
30 qualifications to engage in the practice of engineering were at
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1 the time of the initial issuance of such license or certificate
2 of registration at least equal to the then existing standards of
3 this Commonwealth: Provided, however, That such other state,
4 territory or foreign country shall similarly license or register
5 professional engineers licensed and registered in this
6 Commonwealth. A person may be licensed under this [subdivision]
7 subsection without examination.
8 (2) Holds a certificate of qualifications issued by the
9 National Bureau of Engineering Registration of the National
10 Council of State Boards of Engineering Examiners: Provided, The
11 requirements and qualifications of said bodies to engage in the
12 practice of engineering are at least equal to the standards of
13 this Commonwealth. A person may be licensed under this
14 [subdivision] subsection without examination.
15 In carrying into effect clauses (1) and (2) of [subdivision]
16 subsection (b) of this section the board may in its discretion
17 enter into agreements for reciprocity with the National Council
18 of State Boards of Engineering Examiners and with states under
19 such rules and regulations as the board may prescribe.
20 (3) Has had four or more years' experience in engineering
21 work under the supervision of a professional engineer, or a
22 similarly qualified engineer of a grade or character to fit him
23 to assume responsible charge of the work involved in the
24 practice of engineering, and is either an engineer-in-training
25 or a graduate in engineering of an approved institution or
26 college having a course in engineering of four or more years, or
27 has had four or more years of experience in engineering work,
28 teaching in an approved institution or college, and who is a
29 graduate of an approved institution or college having a course
30 in engineering of four or more years and who in either event
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1 successfully passes written examinations prescribed by the board
2 in engineering subjects. In the case of the examination of an
3 engineer-in-training his examination shall be directed and
4 limited to those matters which will test the applicant's ability
5 to apply the principles of engineering to the actual practice of
6 engineering. In the case of an applicant who is not an engineer-
7 in-training the examination shall be for the purpose of testing
8 the applicant's knowledge of fundamental engineering subjects,
9 including mathematics and the physical sciences and those
10 matters which will test the applicant's ability to apply the
11 principles of engineering to the actual practice of engineering:
12 Provided, That graduates in engineering who were graduated prior
13 to January 1, 1968 or engineers-in-training who received a
14 certificate from the board prior to January 1, 1968, shall not
15 be required to take the examination prescribed for engineers-in-
16 training. To be licensed under this [subdivision] subsection,
17 the person shall be required to successfully pass the
18 examinations prescribed by the board for both professional
19 engineers and engineers-in-training.
20 (4) Has had twelve or more years of active experience in
21 engineering work, at least eight years of which shall have been
22 under the supervision of a professional engineer, or similarly
23 qualified engineer of a grade and character to fit him to assume
24 responsible charge of the work involved in the practice of
25 engineering, and who successfully passes written examinations
26 prescribed by the board for the purpose of testing the
27 applicant's knowledge of fundamental engineering subjects,
28 including mathematics and the physical sciences and those
29 matters which will test the applicant's ability to apply the
30 principles of engineering to the actual practice of engineering.
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1 To be licensed under this [subdivision] subsection, the person
2 shall be required to successfully pass the examinations
3 prescribed by the board for both professional engineers and
4 engineers-in-training.
5 (5) Is possessed of long established and recognized standing
6 in the engineering field, provided said person is not less than
7 fifty years of age and has a record of not less than twenty-five
8 years' experience in engineering, of which at least fifteen
9 years has been in responsible charge of important, and
10 outstanding, engineering work or teaching. Upon application from
11 such an individual and the payment of the required registration
12 fees, the board may issue to such an applicant a certificate of
13 registration as a professional engineer based upon an oral
14 examination and after approval of a majority of the board.
15 Prior to consideration by the board of any such application
16 made under this clause (5) and prior to giving any such oral
17 examination, the board shall issue public notice of the names of
18 all such applicants in a newspaper of general circulation in
19 Dauphin County, Pennsylvania, and the duly approved Legal
20 Journal of Dauphin County. The application forms relative to
21 such applicants shall be open to public inspection, and the
22 board shall receive and consider all written comments relative
23 to such applicants in processing such applications.
24 (c) Examination and Certification of Engineers-in-
25 Training.--To provide for and to regulate the examination of any
26 person who has produced satisfactory evidence that he has
27 graduated in an engineering curriculum from an approved
28 institution or college having a course of four years or more in
29 engineering or who has had four or more years' experience in
30 engineering work, and who produces satisfactory evidence to show
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1 knowledge, skill and education approximating that attained
2 through graduation from an approved institution or college, and
3 to issue to any such person who successfully passes such
4 examination a certificate showing that he has successfully
5 passed this portion of the professional examination and is
6 recognized as an engineer-in-training. The examination of
7 applicants as engineers-in-training shall be designed to permit
8 an applicant for licensure as a professional engineer to take
9 his examination in two stages. The examination for certification
10 as an engineer-in-training shall be for the purpose of testing
11 the applicant's knowledge of fundamental engineering subjects,
12 including mathematics and the physical sciences. Satisfactory
13 passing of this portion of the examination shall constitute a
14 credit for the life of the applicant or until he is licensed
15 under this act as a professional engineer.
16 (d) Licensing of Land Surveyors.--To provide for and to
17 regulate the licensing and to license to engage in the practice
18 of land surveying any person of good character and repute who is
19 at least in his [twenty-first] twenty-fifth year of age, and who
20 speaks and writes the English language if such person either:
21 (1) Has graduated in civil engineering or surveying from an
22 approved institution or college having an engineering course of
23 not less than four years, and including at least ten credit
24 hours of surveying or has graduated in an approved two-year
25 course in surveying leading to an associate degree in surveying,
26 and has had [two] four or more years' progressive experience in
27 land surveying under the supervision of a professional [engineer
28 or surveyor] land surveyor or a similarly qualified surveyor of
29 a character indicating that the applicant is competent to assume
30 responsible charge of the practice of land surveying, [A person
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1 may be licensed under this subdivision without examination.] and
2 who successfully passes a written sixteen-hour examination
3 prescribed by the board in surveying subjects; or
4 (2) Has had [six] ten or more years' active progressive
5 experience in land surveying work, half of which time shall have
6 been spent in responsible charge of primary land surveying
7 functions, under the supervision of a professional [engineer or]
8 land surveyor or a similarly qualified surveyor, of a character
9 indicating that the applicant is competent to assume responsible
10 charge of the work involved in the practice of land surveying
11 and who successfully passes a written sixteen-hour examination
12 prescribed by the board in surveying subjects.
13 In carrying into effect clauses (1) and (2) the board shall
14 require all applicants to show a diversification of both field
15 and office experience, with the smallest percentage of time
16 allowed in either category to be twenty-five percent.
17 (e) Investigations of Applications; Determination of
18 Competency of Applicants.--To investigate the allegations
19 contained in any application for licensure or certification
20 under this act in order to determine the truth of such
21 allegations and to determine the competency of any person
22 applying for licensure to assume responsible charge of the work
23 involved in the practice of engineering or land surveying, such
24 competency to be determined by the grade and character of the
25 engineering work, or the grade and character of the land
26 surveying work actually performed. The mere execution as a
27 contractor of work designed by a professional engineer, or the
28 supervision of the construction of such work as a foreman or
29 superintendent, or the operation or maintenance of machinery or
30 equipment, or work performed as a salesman of engineering
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1 equipment or apparatus, shall not be deemed to be active
2 practice in engineering, unless such work has involved the
3 actual practice of engineering. Engineering and land surveying
4 work, performed under the supervision of a professional engineer
5 or land surveyor respectively, shall be given full credit.
6 Whenever the board determines otherwise than by examination,
7 that an applicant has not produced sufficient evidence to show
8 that he is competent to be placed in responsible charge and
9 shall refuse to examine or to license such applicant, it shall
10 set forth in writing its findings and the reasons for its
11 conclusions and furnish a copy thereof to the applicant.
12 (f) Examinations; Fees.--To prescribe the subjects, manner,
13 time and place of examinations for licenses as professional
14 engineers and land surveyors, and for certificates for
15 engineers-in-training, and the filing of applications for such
16 examinations, and to prepare and provide for the preparation of
17 such examinations, conduct and provide for the conduct of such
18 examinations, to make written reports of such examinations,
19 which reports shall be preserved for a period of not less than
20 three years, to collect such fees for such examinations, and for
21 licenses and certificates issued without examination, as may be
22 fixed according to law, and to issue licenses and certificates
23 to such persons as successfully pass such examinations.
24 (g) Biennial Registrations; Fees.--To provide for, regulate
25 and require all persons licensed in accordance with the
26 provisions of this act and all persons licensed and registered
27 under prior laws of this Commonwealth, relating to the licensing
28 of professional engineers and land surveyors, to register
29 biennially with the board, to prescribe the form of such
30 registration, and the payment of such biennial registration fee,
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1 as shall be fixed according to law, to issue biennial
2 registration to such persons and to suspend or revoke the
3 license or registration of such persons as fail, refuse or
4 neglect to so register, or pay such fee within such time as the
5 board shall prescribe by its rules and regulations, and to
6 reinstate licenses and registrations of persons who shall
7 thereafter pay such registration fees in accordance with the
8 rules and regulations of the board.
9 (h) Roster of Registrants.--To keep a roster showing the
10 names and addresses of, the places of business of all
11 professional engineers and land surveyors licensed under this
12 act, and under prior laws, and registered by the board, which
13 roster shall be published in booklet form by the board every
14 [five] two years. The roster shall also contain the names and
15 addresses of all engineers-in-training certified under this act,
16 and under prior laws, and registered by the board. In the
17 interim years following the publishing of the complete roster,
18 the board shall each year publish a supplemental roster
19 containing the names, registration numbers where applicable, and
20 addresses of all professional engineers, land surveyors and
21 engineers-in-training registered or certified by the board
22 subsequent to the publishing of the last published roster. [or
23 supplemental roster.] Copies of the roster and supplemental
24 roster shall be furnished [upon request] to each registered or
25 certified person, the Planning Commission, and the prothonotary
26 of each county in the Commonwealth and may be furnished to other
27 persons upon such terms as the board shall prescribe.
28 (i) Suspension and Revocation of Licenses; Registrations and
29 Certificates; Reinstatements.--To suspend or revoke the license
30 and registration of any professional engineer or land surveyor
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1 or the certificate of any engineer-in-training, who is found
2 guilty by the board, by a majority vote of all its members, of
3 the practice of any fraud, deceit or misrepresentation in
4 obtaining his license, certification or registration, or of
5 gross negligence, incompetency or misconduct in the practice of
6 engineering, or in the practice of land surveying, or of
7 violation of the code of ethics of the engineering profession,
8 and to reinstate licenses, registrations and certificates in any
9 cases where a majority of all the members of the board shall
10 determine the same to be just and proper. For the purposes of
11 this subsection, the code of ethics is as follows:
12 It shall be considered unprofessional and inconsistent with
13 honorable and dignified bearing for any professional engineer or
14 land surveyor:
15 (1) To act for his client or employer in professional
16 matters otherwise than as a faithful agent or trustee, or to
17 accept any remuneration other than his stated recompense for
18 services rendered.
19 (2) To attempt to injure falsely or maliciously, directly or
20 indirectly, the professional reputation, prospects or business
21 of anyone.
22 (3) To attempt to supplant another engineer or land surveyor
23 after definite steps have been taken toward his employment.
24 (4) To compete with another engineer or land surveyor for
25 employment by the use of unethical practices.
26 (5) To review the work of another engineer or land surveyor
27 for the same client, except with the knowledge of such engineer
28 or land surveyor, or unless the connection of such engineer or
29 land surveyor with the work has terminated.
30 (6) To attempt to obtain or render technical services or
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1 assistance without fair and just compensation commensurate with
2 the services rendered: Provided, however, the donation of such
3 services to a civic, charitable, religious or eleemosynary
4 organization shall not be deemed a violation.
5 (7) To advertise in self-laudatory language, or in any other
6 manner, derogatory to the dignity of the profession.
7 (8) To attempt to practice in any field of engineering in
8 which the registrant is not proficient.
9 (9) To aid or abet any person in the practice of engineering
10 or land surveying unless such person is authorized to practice
11 professional engineering or professional land surveying under
12 the provisions of this act or prior laws.
13 (10) To permit the use of his professional seal on work over
14 which he was not in responsible charge.
15 (j) Financial Requirements of Board.--To submit biennially
16 to the department a budget estimate of the financial
17 requirements of the board for administrative, investigative,
18 legal and miscellaneous expenses, which budget estimate shall
19 not exceed eighty percent of the estimated income to be derived
20 from fees for examination, licenses and certificates in
21 accordance with the provisions of this act.
22 (k) Administration and Enforcement of Laws.--To administer
23 and enforce the laws of the Commonwealth relating to the
24 practice of engineering and land surveying, and to instruct and
25 require its agents to bring prosecutions for unauthorized and
26 unlawful practices.
27 (l) Minutes and Records.--To keep minutes and records of all
28 its transactions and proceedings. Copies thereof duly certified
29 by the secretary of the board shall be received in evidence in
30 all courts and elsewhere.
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1 (m) Member of National Council of State Boards of
2 Engineering Examiners; Dues.--To become a member of the National
3 Council of State Boards of Engineering Examiners, and to pay
4 such dues as said council shall establish, and to send delegates
5 to the annual meeting of said council, and to defray their
6 expenses.
7 (n) Administrative Rules and Regulations.--To adopt,
8 promulgate and enforce such administrative rules and
9 regulations, not inconsistent with this act, as are deemed
10 necessary and proper by the board to carry into effect the
11 powers conferred by this act.
12 Section 5. Exemption from Licensure and Registration.--
13 Except as specifically provided in this section, this act shall
14 not be construed to require licensure and registration in the
15 following cases:
16 (a) The practice of engineering or land surveying by any
17 person who acts under the supervision of a professional engineer
18 or land surveyor respectively, or by an employe of such a person
19 lawfully engaged in the practice of engineering or land
20 surveying and who, in either event, does not assume responsible
21 charge of design or supervisions;
22 (b) The practice of engineering or land surveying, not
23 exceeding thirty days in the aggregate in one calendar year, by
24 a nonresident not having a place of business in this
25 Commonwealth, if such person is legally qualified to engage in
26 the practice of engineering or land surveying in the state or
27 territory of his residence: Provided, That standards of such
28 state or territory are at least equal to the standards of this
29 Commonwealth;
30 (c) The practice of engineering or land surveying by
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1 officers and employes of the United States Government for the
2 said government;
3 (d) Except as otherwise provided in subsection (g) of this
4 section, the practice of engineering or land surveying by a
5 regular employe of a public utility company, as defined by the
6 Pennsylvania Public Utility Law in connection with the
7 facilities of such public utility, which are subject to
8 regulation by the Pennsylvania Public Utility Commission:
9 Provided, That such public utility shall employ at least one
10 professional engineer, as defined in this act, who shall be in
11 responsible charge of such utility's engineering work, and shall
12 employ at least one professional land surveyor, as defined in
13 this act, who shall be in responsible charge of such utilities'
14 land surveyor work;
15 (e) The practice of architecture by a duly registered
16 architect, and the doing of such engineering work as is
17 incidental to his architectural work;
18 (f) The practice of engineering or land surveying by any
19 person or by any employe of any copartnership, association or
20 corporation upon property owned by such person or such
21 copartnership, association or corporation, unless such practice
22 affects the public safety or health or the property of some
23 other person.
24 (g) The practice of engineering or land surveying work by a
25 manufacturing, mining, communications common carrier, research
26 and development or other industrial corporation or by employes
27 of such corporation, provided such work is in connection with or
28 incidental to products of, or non-engineering services rendered
29 by, such corporation or its affiliates.
30 (h) The running of lines or grades and layout work on or
19770H0551B0599 - 17 -
1 within established property limits, or from established points
2 outside the property limits to or within such property limits
3 when performed by a contractor or home builder in conjunction
4 with the construction, reconstruction, alteration, maintenance
5 or demolition of a structure or other facility.
6 Section 2. Sections 6 and 7 of the act are amended to read:
7 Section 6. Practice by Firms and Corporations.--The practice
8 of engineering and of land surveying being the function of an
9 individual or of individuals working in concerted effort, it
10 shall be unlawful for any firm or corporation to engage in such
11 practice, or to offer to practice, or to assume use or advertise
12 any title or description conveying the impression that such firm
13 or corporation is engaged in or is offering to practice such
14 profession, unless the directing heads and employes of such firm
15 or corporation in responsible charge of its activities in the
16 practice of such profession are licensed and registered in
17 conformity with the requirements of this act, and whose name and
18 seal shall be stamped on all plans, specification plates and
19 reports issued by such firm or corporation.
20 Section 7. Seal of Registrants.--Each person, registered
21 under this act, shall obtain a seal of a design authorized by
22 the board which shall bear the registrant's name and number and
23 the legend "Registered Professional Engineer" or "Registered
24 Professional Land Surveyor." Such seal, or a facsimile imprint
25 of same, shall be stamped on all plans, specifications, plates
26 and reports issued by a professional engineer or land surveyor.
27 It shall be unlawful for any person to use such seal during
28 the period the license or registration of the holder thereof has
29 been suspended or revoked, or to use a seal of any design not
30 approved by the board.
19770H0551B0599 - 18 -
1 Section 3. Section 8 of the act, amended December 17, 1959
2 (P.L.1885, No.688), and repealed in part January 6, 1970 (1969
3 P.L.434, No.185), July 31, 1970 (P.L.673, No.223), and June 3,
4 1971 (P.L.118, No.6), is amended to read:
5 Section 8. Procedure for the Suspension and Revocation of
6 Licenses and Registrations; Appeals.--Before the license of any
7 licensee, or any registration, or any certification is suspended
8 or revoked by the board, a written copy of the complaint made
9 shall be furnished to the licensee, registrant, or person
10 against whom the same is directed, and an opportunity be
11 afforded him to be heard before the board personally and by
12 counsel. At least ten days' written notice of the time and place
13 of such hearing shall be given the licensee, registrant or
14 person by registered mail addressed to the post office address
15 as shown on the biennial registration, or other record, or
16 information in possession of the board.
17 Any person aggrieved by the action of the board in suspending
18 or revoking a license, registration or certification or by any
19 other action of the board, which is alleged to be improper,
20 unreasonable or unlawful may appeal from such action of the
21 board, in writing, to the [Court of Common Pleas of Dauphin
22 County] Commonwealth Court of Pennsylvania.
23 Appeals from suspensions and revocations of licenses,
24 registrations and certifications must be taken within thirty
25 days after such suspension or revocation, of which action,
26 immediate notice shall be given by the board to the licensee,
27 registrant or person by registered mail addressed as above
28 provided. In the case of appeals from other actions of the
29 board, the appeal may be taken at any time by the person
30 aggrieved by such action. No such appeal shall act as
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1 supersedeas unless specially allowed by the court.
2 Appeals shall be taken by serving upon the board written
3 notice of such appeal, together with reasons for such appeal.
4 Such service shall be made by filing the said notice of appeal
5 in the office of the board.
6 Within thirty days after the service of such notice of
7 appeal, the board shall file with the prothonotary of the said
8 [court of common pleas] Commonwealth Court, a transcript of the
9 record of the proceedings. Notice of the filing of said
10 transcript, with the term and number to which filed, shall be
11 forthwith given by the board to the appellant and as well to the
12 party or parties, if any, upon whose complaint the proceedings
13 before the board were instituted. The cost of the said
14 transcript at twenty-five cents per folio and one dollar for the
15 certification shall be entered as part of the record costs in
16 the cause to be paid as the court may direct.
17 The court, upon application by the board or the appellant,
18 shall fix a time and place for hearing, at which time or at any
19 adjournment thereof, the appeal shall be heard by the judge or
20 judges of the court without a jury. The court shall affirm the
21 decision of the board, unless it shall find the same is in
22 violation of the constitutional rights of the appellant, or is
23 not in accordance with law, or was made upon unlawful procedure,
24 or that any finding of fact made by the board and necessary to
25 support its adjudication is not supported by substantial
26 evidence. If the adjudication of the board is not affirmed the
27 court may set aside or modify it in whole or in part, or may
28 remand the proceeding to the board for further disposition in
29 accordance with the order of court.
30 Section 4. Section 9 of the act, amended November 24, 1967
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1 (P.L.548, No.270), is amended to read:
2 Section 9. Fees.--The fee for an applicant for licensure as
3 a professional engineer or land surveyor, including examination,
4 and for examination or certification, or both, as an engineer-
5 in-training, shall be fixed by the board in accordance with
6 existing law. All persons now qualified and engaged in the
7 practice of engineering and land surveying, or who shall
8 hereafter be licensed by the board, shall register, biennially,
9 with the board and pay for each biennial registration a fee of
10 ten dollars ($10.00). All fees collected under the provisions of
11 this act shall be received by the board [and] twenty percent of
12 which shall be paid into the State Treasury through the
13 Department of Revenue for the use of the General Fund of the
14 Commonwealth, the remainder to be retained by the board to
15 defray the board's expenses as budgeted.
16 Section 5. Section 10 of the act, amended December 17, 1959
17 (P.L.1885, No.688), is amended to read:
18 Section 10. Status of Existing Licensees and Registrants
19 Preserved.--Any person, licensed or legally authorized to
20 practice as a professional engineer or land surveyor in this
21 Commonwealth at the time this act takes effect, shall thereafter
22 continue to possess the same rights and privileges with respect
23 to the practice of engineering or land surveying without being
24 required to be licensed anew under the provisions of this act,
25 subject, however, to the following:
26 (1) Any person licensed to practice as a professional
27 engineer at the time of the effective date of this act, upon
28 application to the board within two years of the effective date
29 of this act, shall be granted a certificate of registration to
30 practice land surveying.
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1 (2) All actions shall be subject to the power of the board
2 as provided in this act to suspend or revoke the license of any
3 such person for any of the causes set forth in this act, and
4 subject to the power of the board to require any such person to
5 register biennially with the board as provided in this act.
6 Section 6. Section 11 of the act is amended to read:
7 Section 11. Penalties.--Whoever shall engage in the practice
8 of engineering or the practice of land surveying without being
9 licensed and registered as required by this act, or exempted
10 therefrom, as provided in this act, or shall present or attempt
11 to use, as his own, the license or certificate of registration
12 of another, or shall give any false or forged evidence of any
13 kind to the board, or to any member thereof, in order to obtain
14 a license or registration as a professional engineer or
15 professional land surveyor or a certificate as an engineer-in-
16 training, or shall use any expired, suspended or revoked
17 certificate of registration, or shall otherwise violate the
18 provisions of this act, shall be guilty of a misdemeanor, and
19 upon conviction thereof, shall be sentenced to pay a fine not
20 exceeding [five hundred dollars] one thousand dollars, or suffer
21 imprisonment, not exceeding [three] six months, or both.
22 Section 7. This act shall take effect in 60 days.
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