PRINTER'S NO. 316
No. 296 Session of 1979
INTRODUCED BY CALTAGIRONE, DOMBROWSKI AND POLITE,
FEBRUARY 13, 1979
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 14, 1979
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--
1 (a) "Practice of Engineering" shall mean the application of
2 the mathematical and physical sciences for the design of public
3 or private buildings, structures, machines, equipment,
4 processes, works or engineering systems, and the consultation,
5 investigation, evaluation, engineering surveys, planning and
6 inspection in connection therewith, the performance of the
7 foregoing acts and services being prohibited to persons who are
8 not licensed under this act as professional engineers unless
9 exempt under other provisions of this act.
10 The term "Practice of Engineering" shall also mean and
11 include related acts and services that may be performed by other
12 qualified persons, including but not limited to, municipal
13 planning, incidental landscape architecture, teaching,
14 [surveying,] aerial photogrammetry, construction, maintenance
15 and research but licensure under this act to engage in or
16 perform any such related acts and services shall not be
17 required.
18 The foregoing shall not be deemed to include the practice of
19 architecture as such, for which separate registration is
20 required under the provisions of the act of July 12, 1919
21 (P.L.933, No.369), entitled "An act to regulate the practice of
22 architecture in the Commonwealth of Pennsylvania by providing
23 for the examination and registration of architects by a State
24 Board of Examiners; defining the power and duties of said board
25 of examiners; and providing penalties for the violation of this
26 act," excepting only architectural work incidental to the
27 "practice of engineering."
28 (b) "Engineering Surveys" means surveys for the development
29 of any tract of land or a project including incidental design of
30 related improvements such as line and grade extension of roads,
19790H0296B0316 - 2 -
1 sewers, grading (except that no design of sewage treatment
2 facilities shall be included): Provided, however, That tract
3 perimeter surveys shall be the function of the Professional Land
4 Surveyor; the determination of the configuration or contour of
5 the earth's surface, or the position of fixed objects thereon or
6 related thereto by means of measuring lines and angles and
7 applying the principles of mathematics, photogrammetry or other
8 measurement methods; geodetic or cadastral survey, underground
9 survey and hydrographic survey; sedimentation and erosion
10 control surveys; surveys for the determination of the quantities
11 of materials; tests for water percolation in soils; and the
12 preparation of plans and specifications and estimates of
13 proposed work as described herein.
14 [(b)] (c) "Inspection" shall mean the acts and services
15 performed in the practice of engineering during the
16 construction, development, production or functioning of the
17 things designed: Provided, That performance of such acts and
18 services shall not be construed as a guarantee of satisfactory
19 performance by others, or an assumption of financial liability
20 for defects or deficiencies in the work of others.
21 [(c)] (d) "Engineer-in-Training" means a candidate for
22 licensure as a professional engineer, who has been granted a
23 certificate as an engineer-in-training after successfully
24 passing the prescribed written examination in fundamental
25 engineering subjects, and who shall be eligible upon the
26 completion of the requisite years of experience in engineering,
27 under the supervision of a professional engineer, or similarly
28 qualified engineer, for the final examination prescribed for
29 licensure as a professional engineer.
30 [(d) "Practice of Surveying" means the practice of that
19790H0296B0316 - 3 -
1 branch of the profession of engineering which makes surveys for
2 the determination of area, and for the establishment or
3 reestablishment of land boundaries and the subdivision and
4 plotting of land, and who makes surveys for the establishment of
5 lines, grades or elevations for carrying out engineering work,
6 and who, in connection therewith, determines quantities of
7 materials and prepares plans or specifications for minor work
8 not involving safety to life or health, and who determines
9 quantities or who makes estimates for proposed work, or for work
10 under construction, or work that is completed, or who, in
11 addition to the foregoing, makes estimates of quantities of
12 mineral or minerals in place, or that have been removed.]
13 (e) "Practice of Land Surveying" means the practice of that
14 branch of professional engineering which involves the location,
15 relocation, establishment, re-establishment or retracement of
16 any property line or boundary of any parcel of land or any road
17 right-of-way, easement or alignment; the use of principles of
18 land surveying, determination of the position of any monument or
19 reference point which marks a property line boundary, or corner
20 setting, resetting or replacing any such monument or individual
21 point including the writing of deed descriptions; procuring or
22 offering to procure land surveying work for himself or others;
23 managing or conducting as managers, proprietors or agent any
24 place of business from which land surveying work is solicited,
25 performed, or practiced; the performance of the foregoing acts
26 and services being prohibited to persons who are not granted
27 certificates of registration under this act as a professional
28 land surveyor unless exempt under other provisions of this act.
29 [(e)] (f) "Professional Engineer" means an individual
30 licensed and registered under the laws of this Commonwealth to
19790H0296B0316 - 4 -
1 engage in the practice of engineering. A professional engineer
2 may not practice land surveying unless licensed and registered
3 as a professional land surveyor as defined and set forth in this
4 act.
5 [(f)] (g) "Professional Land Surveyor" means an individual
6 licensed and registered under the laws of this Commonwealth to
7 engage in the practice of land surveying. A professional land
8 surveyor may perform engineering surveys but may not practice
9 any other branch of engineering.
10 [(g)] (h) "Board" means The State Registration Board for
11 Professional Engineers.
12 [(h)] (i) "Department" means the Department of State.
13 [(i)] (j) "Responsible Charge" means a position that
14 requires initiative, skill and independent judgment, and implies
15 such degree of competence and accountability gained by technical
16 education and experience of a grade and character as is
17 sufficient to qualify an individual to personally and
18 independently engage in and be entrusted with the work involved
19 in the practice of engineering or land surveying. This term does
20 not include positions which require routine performance of
21 subprofessional work such as auxiliary survey personnel (unless
22 acting as chief of party) and drafting personnel.
23 Section 3. Practice of Engineering or Land Surveying Without
24 Licensure and Registration Prohibited.--In order to safeguard
25 life, health or property and to promote the general welfare, it
26 is unlawful for any person to practice or to offer to practice
27 engineering in this Commonwealth, unless he is licensed and
28 registered under the laws of this Commonwealth as a professional
29 engineer, or for any person to practice or to offer to practice
30 land surveying, unless he is licensed and registered under the
19790H0296B0316 - 5 -
1 laws of this Commonwealth as a professional land surveyor[, or
2 as a professional engineer].
3 A person shall be construed to practice or offer to practice
4 engineering or land surveying who practices any branch of the
5 profession of engineering or land surveying; or who, by verbal
6 claim, sign, advertisement, letterhead, card, or in any other
7 way represents himself to be an engineer or land surveyor, or
8 through the use of some other title implies that he is an
9 engineer or land surveyor or that he is registered under this
10 act; or who holds himself out as able to perform, or who does
11 perform any engineering service or work or any other service
12 designated by the practitioner or recognized as engineering or
13 land surveying.
14 Section 4. General Powers of Board.--The board shall have
15 power--
16 (a) Approval of Institutions and Colleges.--To investigate
17 and to approve or disapprove institutions and colleges of this
18 State, and other states, territories and countries for the
19 education of students desiring to be licensed to engage in the
20 practice of engineering or land surveying, and to revoke or
21 suspend approvals where such institutions and colleges no longer
22 are deemed proper.
23 (b) Licensing Professional Engineers.--To provide for and to
24 regulate the licensing, and to license to engage in the practice
25 of engineering any person of good character and repute who is at
26 least in his twenty-fifth year of age, and who speaks and writes
27 the English language, if such person either--
28 (1) Holds an unexpired license or certificate of
29 registration issued to him by proper authority of some other
30 state or foreign country in which the requirements and
19790H0296B0316 - 6 -
1 qualifications to engage in the practice of engineering were at
2 the time of the initial issuance of such license or certificate
3 of registration at least equal to the then existing standards of
4 this Commonwealth: Provided, however, That such other state,
5 territory or foreign country shall similarly license or register
6 professional engineers licensed and registered in this
7 Commonwealth. A person may be licensed under this [subdivision]
8 subsection without examination.
9 (2) Holds a certificate of qualifications issued by the
10 National Bureau of Engineering Registration of the National
11 Council of State Boards of Engineering Examiners: Provided, The
12 requirements and qualifications of said bodies to engage in the
13 practice of engineering are at least equal to the standards of
14 this Commonwealth. A person may be licensed under this
15 [subdivision] subsection without examination.
16 In carrying into effect clauses (1) and (2) of [subdivision]
17 subsection (b) of this section the board may in its discretion
18 enter into agreements for reciprocity with the National Council
19 of State Boards of Engineering Examiners and with states under
20 such rules and regulations as the board may prescribe.
21 (3) Has had four or more years' experience in engineering
22 work under the supervision of a professional engineer, or a
23 similarly qualified engineer of a grade or character to fit him
24 to assume responsible charge of the work involved in the
25 practice of engineering, and is either an engineer-in-training
26 or a graduate in engineering of an approved institution or
27 college having a course in engineering of four or more years, or
28 has had four or more years of experience in engineering work,
29 teaching in an approved institution or college, and who is a
30 graduate of an approved institution or college having a course
19790H0296B0316 - 7 -
1 in engineering of four or more years and who in either event
2 successfully passes written examinations prescribed by the board
3 in engineering subjects. In the case of the examination of an
4 engineer-in-training his examination shall be directed and
5 limited to those matters which will test the applicant's ability
6 to apply the principles of engineering to the actual practice of
7 engineering. In the case of an applicant who is not an engineer-
8 in-training the examination shall be for the purpose of testing
9 the applicant's knowledge of fundamental engineering subjects,
10 including mathematics and the physical sciences and those
11 matters which will test the applicant's ability to apply the
12 principles of engineering to the actual practice of engineering:
13 Provided, That graduates in engineering who were graduated prior
14 to January 1, 1968 or engineers-in-training who received a
15 certificate from the board prior to January 1, 1968, shall not
16 be required to take the examination prescribed for engineers-in-
17 training. To be licensed under this [subdivision] subsection,
18 the person shall be required to successfully pass the
19 examinations prescribed by the board for both professional
20 engineers and engineers-in-training.
21 (4) Has had twelve or more years of active experience in
22 engineering work, at least eight years of which shall have been
23 under the supervision of a professional engineer, or similarly
24 qualified engineer of a grade and character to fit him to assume
25 responsible charge of the work involved in the practice of
26 engineering, and who successfully passes written examinations
27 prescribed by the board for the purpose of testing the
28 applicant's knowledge of fundamental engineering subjects,
29 including mathematics and the physical sciences and those
30 matters which will test the applicant's ability to apply the
19790H0296B0316 - 8 -
1 principles of engineering to the actual practice of engineering.
2 To be licensed under this [subdivision] subsection, the person
3 shall be required to successfully pass the examinations
4 prescribed by the board for both professional engineers and
5 engineers-in-training.
6 (5) Is possessed of long established and recognized standing
7 in the engineering field, provided said person is not less than
8 fifty years of age and has a record of not less than twenty-five
9 years' experience in engineering, of which at least fifteen
10 years has been in responsible charge of important, and
11 outstanding, engineering work or teaching. Upon application from
12 such an individual and the payment of the required registration
13 fees, the board may issue to such an applicant a certificate of
14 registration as a professional engineer based upon an oral
15 examination and after approval of a majority of the board.
16 Prior to consideration by the board of any such application
17 made under this clause (5) and prior to giving any such oral
18 examination, the board shall issue public notice of the names of
19 all such applicants in a newspaper of general circulation in
20 Dauphin County, Pennsylvania, and the duly approved Legal
21 Journal of Dauphin County. The application forms relative to
22 such applicants shall be open to public inspection, and the
23 board shall receive and consider all written comments relative
24 to such applicants in processing such applications.
25 (c) Examination and Certification of Engineers-in-
26 Training.--To provide for and to regulate the examination of any
27 person who has produced satisfactory evidence that he has
28 graduated in an engineering curriculum from an approved
29 institution or college having a course of four years or more in
30 engineering or who has had four or more years' experience in
19790H0296B0316 - 9 -
1 engineering work, and who produces satisfactory evidence to show
2 knowledge, skill and education approximating that attained
3 through graduation from an approved institution or college, and
4 to issue to any such person who successfully passes such
5 examination a certificate showing that he has successfully
6 passed this portion of the professional examination and is
7 recognized as an engineer-in-training. The examination of
8 applicants as engineers-in-training shall be designed to permit
9 an applicant for licensure as a professional engineer to take
10 his examination in two stages. The examination for certification
11 as an engineer-in-training shall be for the purpose of testing
12 the applicant's knowledge of fundamental engineering subjects,
13 including mathematics and the physical sciences. Satisfactory
14 passing of this portion of the examination shall constitute a
15 credit for the life of the applicant or until he is licensed
16 under this act as a professional engineer.
17 (d) Licensing of Land Surveyors.--To provide for and to
18 regulate the licensing and to license to engage in the practice
19 of land surveying any person of good character and repute who is
20 at least in his [twenty-first] twenty-fifth year of age, and who
21 speaks and writes the English language if such person either:
22 (1) Has graduated in civil engineering or surveying from an
23 approved institution or college having an engineering course of
24 not less than four years, and including at least ten credit
25 hours of surveying or has graduated in an approved two-year
26 course in surveying leading to an associate degree in surveying,
27 and has had [two] four or more years' progressive experience in
28 land surveying under the supervision of a professional [engineer
29 or surveyor] land surveyor or a similarly qualified surveyor of
30 a character indicating that the applicant is competent to assume
19790H0296B0316 - 10 -
1 responsible charge of the practice of land surveying, [A person
2 may be licensed under this subdivision without examination.] and
3 who successfully passes a written sixteen-hour examination
4 prescribed by the board in surveying subjects; or
5 (2) Has had [six] ten or more years' active progressive
6 experience in land surveying work, half of which time shall have
7 been spent in responsible charge of primary land surveying
8 functions, under the supervision of a professional [engineer or]
9 land surveyor or a similarly qualified surveyor, of a character
10 indicating that the applicant is competent to assume responsible
11 charge of the work involved in the practice of land surveying
12 and who successfully passes a written sixteen-hour examination
13 prescribed by the board in surveying subjects.
14 In carrying into effect clauses (1) and (2) the board shall
15 require all applicants to show a diversification of both field
16 and office experience, with the smallest percentage of time
17 allowed in either category to be twenty-five percent.
18 (e) Investigations of Applications; Determination of
19 Competency of Applicants.--To investigate the allegations
20 contained in any application for licensure or certification
21 under this act in order to determine the truth of such
22 allegations and to determine the competency of any person
23 applying for licensure to assume responsible charge of the work
24 involved in the practice of engineering or land surveying, such
25 competency to be determined by the grade and character of the
26 engineering work, or the grade and character of the land
27 surveying work actually performed. The mere execution as a
28 contractor of work designed by a professional engineer, or the
29 supervision of the construction of such work as a foreman or
30 superintendent, or the operation or maintenance of machinery or
19790H0296B0316 - 11 -
1 equipment, or work performed as a salesman of engineering
2 equipment or apparatus, shall not be deemed to be active
3 practice in engineering, unless such work has involved the
4 actual practice of engineering. Engineering and land surveying
5 work, performed under the supervision of a professional engineer
6 or land surveyor respectively, shall be given full credit.
7 Whenever the board determines otherwise than by examination,
8 that an applicant has not produced sufficient evidence to show
9 that he is competent to be placed in responsible charge and
10 shall refuse to examine or to license such applicant, it shall
11 set forth in writing its findings and the reasons for its
12 conclusions and furnish a copy thereof to the applicant.
13 (f) Examinations; Fees.--To prescribe the subjects, manner,
14 time and place of examinations for licenses as professional
15 engineers and land surveyors, and for certificates for
16 engineers-in-training, and the filing of applications for such
17 examinations, and to prepare and provide for the preparation of
18 such examinations, conduct and provide for the conduct of such
19 examinations, to make written reports of such examinations,
20 which reports shall be preserved for a period of not less than
21 three years, to collect such fees for such examinations, and for
22 licenses and certificates issued without examination, as may be
23 fixed according to law, and to issue licenses and certificates
24 to such persons as successfully pass such examinations.
25 (g) Biennial Registrations; Fees.--To provide for, regulate
26 and require all persons licensed in accordance with the
27 provisions of this act and all persons licensed and registered
28 under prior laws of this Commonwealth, relating to the licensing
29 of professional engineers and land surveyors, to register
30 biennially with the board, to prescribe the form of such
19790H0296B0316 - 12 -
1 registration, and the payment of such biennial registration fee,
2 as shall be fixed according to law, to issue biennial
3 registration to such persons and to suspend or revoke the
4 license or registration of such persons as fail, refuse or
5 neglect to so register, or pay such fee within such time as the
6 board shall prescribe by its rules and regulations, and to
7 reinstate licenses and registrations of persons who shall
8 thereafter pay such registration fees in accordance with the
9 rules and regulations of the board.
10 (h) Roster of Registrants.--To keep a roster showing the
11 names and addresses of, the places of business of all
12 professional engineers and land surveyors licensed under this
13 act, and under prior laws, and registered by the board, which
14 roster shall be published in booklet form by the board every
15 [five] two years. The roster shall also contain the names and
16 addresses of all engineers-in-training certified under this act,
17 and under prior laws, and registered by the board. In the
18 interim years following the publishing of the complete roster,
19 the board shall each year publish a supplemental roster
20 containing the names, registration numbers where applicable, and
21 addresses of all professional engineers, land surveyors and
22 engineers-in-training registered or certified by the board
23 subsequent to the publishing of the last published roster. [or
24 supplemental roster.] Copies of the roster and supplemental
25 roster shall be furnished [upon request] to each registered or
26 certified person, the Planning Commission, and the prothonotary
27 of each county in the Commonwealth and may be furnished to other
28 persons upon such terms as the board shall prescribe.
29 (i) Suspension and Revocation of Licenses; Registrations and
30 Certificates; Reinstatements.--To suspend or revoke the license
19790H0296B0316 - 13 -
1 and registration of any professional engineer or land surveyor
2 or the certificate of any engineer-in-training, who is found
3 guilty by the board, by a majority vote of all its members, of
4 the practice of any fraud, deceit or misrepresentation in
5 obtaining his license, certification or registration, or of
6 gross negligence, incompetency or misconduct in the practice of
7 engineering, or in the practice of land surveying, or of
8 violation of the code of ethics of the engineering profession,
9 and to reinstate licenses, registrations and certificates in any
10 cases where a majority of all the members of the board shall
11 determine the same to be just and proper. For the purposes of
12 this subsection, the code of ethics is as follows:
13 It shall be considered unprofessional and inconsistent with
14 honorable and dignified bearing for any professional engineer or
15 land surveyor:
16 (1) To act for his client or employer in professional
17 matters otherwise than as a faithful agent or trustee, or to
18 accept any remuneration other than his stated recompense for
19 services rendered.
20 (2) To attempt to injure falsely or maliciously, directly or
21 indirectly, the professional reputation, prospects or business
22 of anyone.
23 (3) To attempt to supplant another engineer or land surveyor
24 after definite steps have been taken toward his employment.
25 (4) To compete with another engineer or land surveyor for
26 employment by the use of unethical practices.
27 (5) To review the work of another engineer or land surveyor
28 for the same client, except with the knowledge of such engineer
29 or land surveyor, or unless the connection of such engineer or
30 land surveyor with the work has terminated.
19790H0296B0316 - 14 -
1 (6) To attempt to obtain or render technical services or
2 assistance without fair and just compensation commensurate with
3 the services rendered: Provided, however, the donation of such
4 services to a civic, charitable, religious or eleemosynary
5 organization shall not be deemed a violation.
6 (7) To advertise in self-laudatory language, or in any other
7 manner, derogatory to the dignity of the profession.
8 (8) To attempt to practice in any field of engineering in
9 which the registrant is not proficient.
10 (9) To aid or abet any person in the practice of engineering
11 or land surveying unless such person is authorized to practice
12 professional engineering or professional land surveying under
13 the provisions of this act or prior laws.
14 (10) To permit the use of his professional seal on work over
15 which he was not in responsible charge.
16 (j) Financial Requirements of Board.--To submit biennially
17 to the department a budget estimate of the financial
18 requirements of the board for administrative, investigative,
19 legal and miscellaneous expenses, which budget estimate shall
20 not exceed eighty percent of the estimated income to be derived
21 from fees for examination, licenses and certificates in
22 accordance with the provisions of this act.
23 (k) Administration and Enforcement of Laws.--To administer
24 and enforce the laws of the Commonwealth relating to the
25 practice of engineering and land surveying, and to instruct and
26 require its agents to bring prosecutions for unauthorized and
27 unlawful practices.
28 (l) Minutes and Records.--To keep minutes and records of all
29 its transactions and proceedings. Copies thereof duly certified
30 by the secretary of the board shall be received in evidence in
19790H0296B0316 - 15 -
1 all courts and elsewhere.
2 (m) Member of National Council of State Boards of
3 Engineering Examiners; Dues.--To become a member of the National
4 Council of State Boards of Engineering Examiners, and to pay
5 such dues as said council shall establish, and to send delegates
6 to the annual meeting of said council, and to defray their
7 expenses.
8 (n) Administrative Rules and Regulations.--To adopt,
9 promulgate and enforce such administrative rules and
10 regulations, not inconsistent with this act, as are deemed
11 necessary and proper by the board to carry into effect the
12 powers conferred by this act.
13 Section 5. Exemption from Licensure and Registration.--
14 Except as specifically provided in this section, this act shall
15 not be construed to require licensure and registration in the
16 following cases:
17 (a) The practice of engineering or land surveying by any
18 person who acts under the supervision of a professional engineer
19 or land surveyor respectively, or by an employe of such a person
20 lawfully engaged in the practice of engineering or land
21 surveying and who, in either event, does not assume responsible
22 charge of design or supervisions;
23 (b) The practice of engineering or land surveying, not
24 exceeding thirty days in the aggregate in one calendar year, by
25 a nonresident not having a place of business in this
26 Commonwealth, if such person is legally qualified to engage in
27 the practice of engineering or land surveying in the state or
28 territory of his residence: Provided, That standards of such
29 state or territory are at least equal to the standards of this
30 Commonwealth;
19790H0296B0316 - 16 -
1 (c) The practice of engineering or land surveying by
2 officers and employes of the United States Government for the
3 said government;
4 (d) Except as otherwise provided in subsection (g) of this
5 section, the practice of engineering or land surveying by a
6 regular employe of a public utility company, as defined by the
7 Pennsylvania Public Utility Law in connection with the
8 facilities of such public utility, which are subject to
9 regulation by the Pennsylvania Public Utility Commission:
10 Provided, That such public utility shall employ at least one
11 professional engineer, as defined in this act, who shall be in
12 responsible charge of such utility's engineering work, and shall
13 employ at least one professional land surveyor, as defined in
14 this act, who shall be in responsible charge of such utilities'
15 land surveyor work;
16 (e) The practice of architecture by a duly registered
17 architect, and the doing of such engineering work as is
18 incidental to his architectural work;
19 (f) The practice of engineering or land surveying by any
20 person or by any employe of any copartnership, association or
21 corporation upon property owned by such person or such
22 copartnership, association or corporation, unless such practice
23 affects the public safety or health or the property of some
24 other person.
25 (g) The practice of engineering or land surveying work by a
26 manufacturing, mining, communications common carrier, research
27 and development or other industrial corporation or by employes
28 of such corporation, provided such work is in connection with or
29 incidental to products of, or non-engineering services rendered
30 by, such corporation or its affiliates.
19790H0296B0316 - 17 -
1 (h) The running of lines or grades and layout work on or
2 within established property limits, or from established points
3 outside the property limits to or within such property limits
4 when performed by a contractor or home builder in conjunction
5 with the construction, reconstruction, alteration, maintenance
6 or demolition of a structure or other facility.
7 Section 2. Sections 6 and 7 of the act are amended to read:
8 Section 6. Practice by Firms and Corporations.--The practice
9 of engineering and of land surveying being the function of an
10 individual or of individuals working in concerted effort, it
11 shall be unlawful for any firm or corporation to engage in such
12 practice, or to offer to practice, or to assume use or advertise
13 any title or description conveying the impression that such firm
14 or corporation is engaged in or is offering to practice such
15 profession, unless the directing heads and employes of such firm
16 or corporation in responsible charge of its activities in the
17 practice of such profession are licensed and registered in
18 conformity with the requirements of this act, and whose name and
19 seal shall be stamped on all plans, specification plates and
20 reports issued by such firm or corporation.
21 Section 7. Seal of Registrants.--Each person, registered
22 under this act, shall obtain a seal of a design authorized by
23 the board which shall bear the registrant's name and number and
24 the legend "Registered Professional Engineer" or "Registered
25 Professional Land Surveyor." Such seal, or a facsimile imprint
26 of same, shall be stamped on all plans, specifications, plates
27 and reports issued by a professional engineer or land surveyor.
28 It shall be unlawful for any person to use such seal during
29 the period the license or registration of the holder thereof has
30 been suspended or revoked, or to use a seal of any design not
19790H0296B0316 - 18 -
1 approved by the board.
2 Section 3. Section 8 of the act, first paragraph amended
3 December 17, 1959 (P.L.1885, No.688), is amended to read:
4 Section 8. Procedure for the Suspension and Revocation of
5 Licenses and Registrations; Appeals.--Before the license of any
6 licensee, or any registration, or any certification is suspended
7 or revoked by the board, a written copy of the complaint made
8 shall be furnished to the licensee, registrant, or person
9 against whom the same is directed, and an opportunity be
10 afforded him to be heard before the board personally and by
11 counsel. At least ten days' written notice of the time and place
12 of such hearing shall be given the licensee, registrant or
13 person by registered mail addressed to the post office address
14 as shown on the biennial registration, or other record, or
15 information in possession of the board.
16 Any person aggrieved by the action of the board in suspending
17 or revoking a license, registration or certification or by any
18 other action of the board, which is alleged to be improper,
19 unreasonable or unlawful may appeal from such action of the
20 board, in writing, to the Commonwealth Court of Pennsylvania.
21 Appeals from suspensions and revocations of licenses,
22 registrations and certifications must be taken within thirty
23 days after such suspension or revocation, of which action,
24 immediate notice shall be given by the board to the licensee,
25 registrant or person by registered mail addressed as above
26 provided. In the case of appeals from other actions of the
27 board, the appeal may be taken at any time by the person
28 aggrieved by such action. No such appeal shall act as
29 supersedeas unless specially allowed by the court.
30 Appeals shall be taken by serving upon the board written
19790H0296B0316 - 19 -
1 notice of such appeal, together with reasons for such appeal.
2 Such service shall be made by filing the said notice of appeal
3 in the office of the board.
4 Within thirty days after the service of such notice of
5 appeal, the board shall file with the prothonotary of the said
6 [court of common pleas] Commonwealth Court, a transcript of the
7 record of the proceedings. Notice of the filing of said
8 transcript, with the term and number to which filed, shall be
9 forthwith given by the board to the appellant and as well to the
10 party or parties, if any, upon whose complaint the proceedings
11 before the board were instituted. The cost of the said
12 transcript at twenty-five cents per folio and one dollar for the
13 certification shall be entered as part of the record costs in
14 the cause to be paid as the court may direct.
15 The court, upon application by the board or the appellant,
16 shall fix a time and place for hearing, at which time or at any
17 adjournment thereof, the appeal shall be heard by the judge or
18 judges of the court without a jury. The court shall affirm the
19 decision of the board, unless it shall find the same is in
20 violation of the constitutional rights of the appellant, or is
21 not in accordance with law, or was made upon unlawful procedure,
22 or that any finding of fact made by the board and necessary to
23 support its adjudication is not supported by substantial
24 evidence. If the adjudication of the board is not affirmed the
25 court may set aside or modify it in whole or in part, or may
26 remand the proceeding to the board for further disposition in
27 accordance with the order of court.
28 Section 4. Section 9 of the act, amended November 24, 1967
29 (P.L.548, No.270), is amended to read:
30 Section 9. Fees.--The fee for an applicant for licensure as
19790H0296B0316 - 20 -
1 a professional engineer or land surveyor, including examination,
2 and for examination or certification, or both, as an engineer-
3 in-training, shall be fixed by the board in accordance with
4 existing law. All persons now qualified and engaged in the
5 practice of engineering and land surveying, or who shall
6 hereafter be licensed by the board, shall register, biennially,
7 with the board and pay for each biennial registration a fee of
8 ten dollars ($10.00). All fees collected under the provisions of
9 this act shall be received by the board [and] twenty percent of
10 which shall be paid into the State Treasury through the
11 Department of Revenue for the use of the General Fund of the
12 Commonwealth, the remainder to be retained by the board to
13 defray the board's expenses as budgeted.
14 Section 5. Section 10 of the act, amended December 17, 1959
15 (P.L.1885, No.688), is amended to read:
16 Section 10. Status of Existing Licensees and Registrants
17 Preserved.--Any person, licensed or legally authorized to
18 practice as a professional engineer or land surveyor in this
19 Commonwealth at the time this act takes effect, shall thereafter
20 continue to possess the same rights and privileges with respect
21 to the practice of engineering or land surveying without being
22 required to be licensed anew under the provisions of this act,
23 subject, however, to the following:
24 (1) Any person licensed to practice as a professional
25 engineer at the time of the effective date of this act, upon
26 application to the board within two years of the effective date
27 of this act, shall be granted a certificate of registration to
28 practice land surveying.
29 (2) All actions shall be subject to the power of the board
30 as provided in this act to suspend or revoke the license of any
19790H0296B0316 - 21 -
1 such person for any of the causes set forth in this act, and
2 subject to the power of the board to require any such person to
3 register biennially with the board as provided in this act.
4 Section 6. Section 11 of the act is amended to read:
5 Section 11. Penalties.--Whoever shall engage in the practice
6 of engineering or the practice of land surveying without being
7 licensed and registered as required by this act, or exempted
8 therefrom, as provided in this act, or shall present or attempt
9 to use, as his own, the license or certificate of registration
10 of another, or shall give any false or forged evidence of any
11 kind to the board, or to any member thereof, in order to obtain
12 a license or registration as a professional engineer or
13 professional land surveyor or a certificate as an engineer-in-
14 training, or shall use any expired, suspended or revoked
15 certificate of registration, or shall otherwise violate the
16 provisions of this act, shall be guilty of a misdemeanor, and
17 upon conviction thereof, shall be sentenced to pay a fine not
18 exceeding [five hundred dollars] one thousand dollars, or suffer
19 imprisonment, not exceeding [three] six months, or both.
20 Section 7. This act shall take effect in 60 days.
B8L50HVY/19790H0296B0316 - 22 -