PRIOR PRINTER'S NO. 1316
PRINTER'S NO. 1931
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1106
Session of
2017
INTRODUCED BY EMRICK, MURT, PICKETT, WARD, GILLEN, SCHLEGEL
CULVER, MILLARD AND READSHAW, APRIL 10, 2017
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 2017
AN ACT
Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as
amended, "An act relating to and regulating the practice of
the profession of engineering, including civil engineering,
mechanical engineering, electrical engineering, mining
engineering and chemical engineering, the profession of land
surveying and the profession of geology and constituent parts
and combinations thereof as herein defined; providing for the
licensing and registration of persons practicing said
profession, and the certification of engineers-in-training
and surveyors-in-training, and the suspension and revocation
of said licenses, registrations and certifications for
violation of this act; prescribing the powers and duties of
the State Registration Board for Professional Engineers, Land
Surveyors and Geologists, the Department of State and the
courts; prescribing penalties; and repealing existing laws,"
further providing for definitions, for continuing
professional competency requirements and for exemption from
licensure and registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2(a)(1), (c), (d) and (j), 4.5(c) and 5
of the act of May 23, 1945 (P.L.913, No.367), known as the
Engineer, Land Surveyor and Geologist Registration Law, are
amended to read:
Section 2. Definitions.--As used in this act--
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(a) (1) "Practice of Engineering" shall mean the
application of the mathematical and physical sciences for the
design and analysis of public or private buildings, structures,
machines, equipment, processes, works or engineering systems,
and the consultation, investigation, evaluation, engineering
asset inventories or surveys, construction management,
modification and alternation, planning and inspection in
connection therewith, the performance of the foregoing acts and
services being prohibited to persons who are not licensed under
this act as professional engineers unless exempt under other
provisions of this act. THE TERM INCLUDES THE PERFORMANCE OF
ENGINEERING LAND SURVEYS.
* * *
(c) ["Engineer-in-Training"] "Engineer Intern," formerly
known as "engineer-in-training," means a candidate for licensure
as a professional engineer, who has been granted a certificate
as an engineer intern or the predecessor title of engineer-in-
training after successfully passing the prescribed written
examination in fundamental engineering subjects, and who shall
be eligible upon the completion of the requisite years of
experience in engineering, under the supervision of a
professional engineer, or similarly qualified engineer, for the
final examination prescribed for licensure as a professional
engineer.
(d) "Practice of Land Surveying" [means the practice of that
branch of the profession of engineering which involves the]
shall mean the acts of location, relocation, establishment,
reestablishment or retracement of any property line or boundary
of any parcel of land or any road right-of-way, easement or
alignment; the use of principles of land surveying,
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determination of the position of any structure or permanently
installed equipment in relation to monuments or reference
points, determination of the position of any monument or
reference point which marks a property line boundary, or corner
setting, resetting or replacing any such monument or individual
point including the writing of deed descriptions; the
performance of engineering land surveys; procuring or offering
to procure land surveying work for himself or others; managing
or conducting as managers, proprietors or agent any place of
business from which land surveying work is solicited, performed,
or practiced; the performance of the foregoing acts and services
being prohibited to persons who are not granted certificates of
registration under this act as a professional land surveyor
unless exempt under other provisions of this act.
* * *
(j) "Engineering Land Surveys" means surveys for: (i) the
development of any tract of land including the incidental design
of related improvements, such as line and grade extension of
roads, sewers and grading but not requiring independent
engineering judgment: Provided, however, That tract perimeter
surveys shall be the function of the Professional Land Surveyor;
(ii) the determination of the configuration or contour of the
earth's surface, or the position of fixed objects thereon or
related thereto for purposes of review, analysis and
determination of the location or as-built construction of fixed
assets or objects, the post-development contours, or for the
purposes of designs based thereon by means of measuring lines
and angles and applying the principles of mathematics,
photogrammetry or other measurement, mapping or positioning
methods without regard to tools or technologies which currently
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exist or which may be developed in the future, the application
of which means and methods involves professional understanding
as to the appropriate and safe usage; (iii) geodetic survey,
underground survey and hydrographic survey; (iv) storm water
management surveys and sedimentation and erosion control
surveys; (v) the determination of the quantities of materials;
(vi) tests for water percolation in soils; and (vii) the
preparation of plans and specifications and estimates of
proposed work and attendant costs as described in this
subsection.
* * *
Section 4.5. Continuing Professional Competency
Requirements.--* * *
(c) Each licensee shall be required to obtain twenty-four
PDH units during the biennial renewal period. If a licensee
exceeds the requirement in any renewal period, a maximum of
twelve PDH units may be carried forward into the subsequent
renewal period. PDH units may be earned as follows:
(1) Successful completion of college courses relevant to
professional practice.
(2) Completion of continuing education courses relevant to
professional practice.
(3) Completion of [correspondence, televised, videotaped and
other short courses or tutorials relevant to professional
practice.] distance learning courses if the course relates to
professional practice and the PDH units awarded are verifiable
and measurable by the actual hours of instruction.
(4) Completion of seminars, employer-sponsored courses,
workshops or professional or technical presentations made at
meetings, conventions or conferences relevant to professional
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practice.
(5) Teaching, presenting or instructing in any of the
activities listed in clauses (1), (2), (3) and (4).
(6) Authoring published papers, articles or books relevant
to professional practice.
(7) Obtaining patents relevant to professional practice.
* * *
Section 5. Exemption from Licensure and Registration.--
Except as specifically provided in this section, this act shall
not be construed to require licensure and registration in the
following cases:
(a) The practice of engineering, land surveying or geology
by any person who acts under the supervision of a professional
engineer, professional land surveyor or geologist, respectively,
or by an employe of a person lawfully engaged in the practice of
engineering, land surveying or geology and who, in either event,
does not assume responsible charge of design or supervisions;
(b) The practice of engineering, land surveying or geology,
not exceeding thirty days in the aggregate in one calendar year,
by a nonresident not having a place of business in this
Commonwealth, if such person is legally qualified to engage in
the practice of engineering, land surveying or geology in the
state or territory of his residence: Provided, That the person
applies for reciprocity in this Commonwealth and that the
standards of such state or territory are at least equal to the
standards of this Commonwealth;
(c) The practice of engineering, land surveying or geology
by officers and employes of the United States Government for the
said government;
(d) Except as otherwise provided in subsection (g) of this
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section, the practice of engineering or land surveying by a
regular employe of a public utility company, as defined by the
Public Utility Code (66 Pa.C.S. § 101 et seq.) in connection
with the facilities of such public utility, which are subject to
regulation by the Pennsylvania Public Utility Commission:
Provided, That such public utility shall employ at least one
professional engineer, as defined in this act, who shall be in
responsible charge of such utility's engineering work and shall
employ at least one professional land surveyor, as defined in
this act, who shall be in responsible charge of such utility's
land surveying;
(e) The practice of architecture by a duly registered
architect, and the doing of such engineering work as is
incidental to his architectural work;
[(f) The practice of engineering, land surveying or geology
by any person or by any employe of any copartnership,
association or corporation upon property owned by such person or
such copartnership, association or corporation, unless such
practice affects the public safety or health or the property of
some other person or entity.]
(F.1) THE PRACTICE OF ENGINEERING OR LAND SURVEYING BY A
REGULAR EMPLOYE OR AGENT OF AN ELECTRIC COOPERATIVE CORPORATION,
AS DEFINED IN 15 PA.C.S. § 7302 (RELATING TO APPLICATION OF
CHAPTER), IN CONNECTION WITH THE FACILITIES OF THE ELECTRIC
COOPERATIVE, PROVIDED THAT THE ELECTRIC COOPERATIVE CORPORATION
OR AGENT THEREOF EITHER SHALL EMPLOY AT LEAST ONE PROFESSIONAL
ENGINEER OR PROFESSIONAL LAND SURVEYOR OR BELONGS TO A
PENNSYLVANIA ELECTRIC COOPERATIVE ASSOCIATION THAT EMPLOYS A
PROFESSIONAL ENGINEER OR PROFESSIONAL LAND SURVEYOR.
(g) The practice of engineering, land surveying or geology
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work by a manufacturing, mining, communications common carrier,
research and development or other industrial corporation or by
employes of such corporation, provided such work is in
connection with or incidental to products of, or non-engineering
services rendered by, such corporation or its affiliates.
(h) The running of lines or grades and layout work on or
within established property limits, or from established points
outside the property limits to or within such property limits
when performed by a contractor or home builder in conjunction
with the construction, reconstruction, alteration, maintenance
or demolition of a structure or other facility.
(i) The writing of deed descriptions.
(j) The preparation of shop drawings or the performance of
construction management services by persons customarily engaged
in construction work.
(k) The practice of individuals providing geologic services
to businesses engaged in the exploration or development of gas
or oil.
Section 2. This act shall take effect in 60 days.
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