Bill Text: OH SB154 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: To make changes to the examination, reporting, and educational requirements of professional engineers and surveyors.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2013-12-04 - Passed 3rd Consideration House [SB154 Detail]
Download: Ohio-2013-SB154-Engrossed.html
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Senator Burke
Cosponsors: Senators Seitz, Brown, Uecker, Eklund
To amend sections 4703.30, 4733.01, 4733.09, 4733.11, | 1 |
4733.12, 4733.13, 4733.15, and 4733.151 of the | 2 |
Revised Code to make changes to the examination, | 3 |
reporting, and educational requirements of | 4 |
professional engineers and surveyors. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4703.30, 4733.01, 4733.09, 4733.11, | 6 |
4733.12, 4733.13, 4733.15, and 4733.151 of the Revised Code be | 7 |
amended to read as follows: | 8 |
Sec. 4703.30. As used in sections 4703.30 to 4703.49 of the | 9 |
Revised Code: | 10 |
(A) "Landscape architect" means a person who has been | 11 |
registered as provided in sections 4703.30 to 4703.49 of the | 12 |
Revised Code. | 13 |
(B) "Landscape architecture" or "the practice of landscape | 14 |
architecture" includes: | 15 |
(1) The preparation of master, site, and comprehensive | 16 |
development plans, the preparation of feasibility and site | 17 |
selection studies, and the supervision of the execution of | 18 |
projects thereon, in accordance with the accepted professional | 19 |
standards of public health, welfare, and safety, where the | 20 |
dominant purpose of such service involves: | 21 |
(a) The preservation, conservation, enhancement, or | 22 |
determination of proper land and water uses, natural land | 23 |
features, ground cover and plantings, naturalistic and aesthetic | 24 |
values, natural systems, reforestation, restoration, and | 25 |
reclamation; | 26 |
(b) The determination of settings, grounds, and approaches | 27 |
for buildings and structures or other improvements; the | 28 |
determination of environmental problems of land relating to | 29 |
erosion and sediment control, flooding, blight and other hazards; | 30 |
the shaping and contouring of land and water forms; the | 31 |
determination of grades; and the determination of surface and | 32 |
ground water drainage and providing for drainage systems where | 33 |
such systems do not require structural design of system components | 34 |
or a hydraulic analysis of the receiving storm water conveyance | 35 |
system; | 36 |
(c) The development of roadways and parkways, equestrian, | 37 |
bicycle, and pedestrian circulation systems, sidewalks, parking, | 38 |
planting, pools, irrigation systems, and other ancillary elements, | 39 |
for public and private use and enjoyment. | 40 |
(2) The preparation of construction documents, provided that | 41 |
these are limited to and are necessary for projects within the | 42 |
scope of the practice of landscape architecture as defined in | 43 |
divisions (B)(1)(a), (b), and (c) of this section; | 44 |
(3) The following services as they relate to the practice of | 45 |
landscape architecture: | 46 |
(a) Construction observation; | 47 |
(b) Project coordination and review of technical submissions, | 48 |
plans, and construction documents; | 49 |
(c) Collaboration with architects and professional engineers | 50 |
in the design of streets, highways, bridges, buildings, and | 51 |
structures with respect to the functional and aesthetic | 52 |
requirements of the area in which such facilities are to be | 53 |
placed. | 54 |
(4) This practice shall include the location and arrangement | 55 |
of such tangible objects and features as are incidental and | 56 |
necessary to the purposes outlined in this section, but shall not | 57 |
include the design of structures or facilities with separate and | 58 |
self-contained purposes for habitation or industry, or the design | 59 |
of streets and highways, utilities, storm and sanitary sewers, and | 60 |
water and sewage treatment facilities, such as are exclusive to | 61 |
the practice of engineering or architecture. A landscape architect | 62 |
shall undertake to perform professional services only when the | 63 |
landscape architect is qualified by education, training, and | 64 |
experience in the specific technical areas involved. This division | 65 |
shall not be construed to prohibit a landscape architect from | 66 |
engaging individuals performing services outside the scope of the | 67 |
landscape architect's qualifications as consultants. | 68 |
(5) The practice of landscape architecture does not include | 69 |
the practice of surveying as defined in | 70 |
4733.01 of the Revised Code. | 71 |
(C) "Board" means the state board of landscape architect | 72 |
examiners. | 73 |
Sec. 4733.01. As used in this chapter: | 74 |
(A) "Professional engineer" means a person registered as a | 75 |
professional engineer under this chapter. | 76 |
(B) "Engineer" means a graduate of an accredited engineering | 77 |
curriculum or a person registered as a professional engineer under | 78 |
this chapter, or both. | 79 |
(C) "Accredited engineering curriculum" means an engineering | 80 |
curriculum accredited by the engineering accreditation commission | 81 |
of ABET, Inc. | 82 |
(D) "ABET, Inc." means the accreditation board for | 83 |
engineering and technology. | 84 |
| 85 |
professional service, such as consultation, investigation, | 86 |
evaluation, planning, design, or inspection of construction or | 87 |
operation for the purpose of assuring compliance with drawings or | 88 |
specifications in connection with any public or privately owned | 89 |
public utilities, structures, buildings, machines, equipment, | 90 |
processes, works, or projects in the proper rendering of which the | 91 |
qualifications of section 4733.11 of the Revised Code are required | 92 |
to protect the public welfare or to safeguard life, health, or | 93 |
property. | 94 |
| 95 |
registered as a professional surveyor under this chapter. | 96 |
| 97 |
that requires the application of special knowledge of the | 98 |
principles of mathematics, the related physical and applied | 99 |
sciences, and the relevant requirements of law for the adequate | 100 |
performance of the art of surveying, including, but not limited | 101 |
to, measuring the area or the contours of any portion of the | 102 |
earth's surface, the lengths and directions of the bounding lines, | 103 |
and the contour of the surface, for their correct determination | 104 |
and description and for conveyancing for recording, or for the | 105 |
establishment or re-establishment of land boundaries and the | 106 |
platting of lands and subdivisions; and like measurements and | 107 |
operations involved in the surveying of mines, commonly known as | 108 |
"mine surveying." | 109 |
Sec. 4733.09. The state board of registration for | 110 |
professional engineers and surveyors shall keep a record of its | 111 |
proceedings and a record of all applications for registration. | 112 |
On an application provided by the board, applicants shall | 113 |
provide information under oath, including the applicant's | 114 |
education and experience sufficient for the board to evaluate the | 115 |
credentials of the applicant pursuant to section 4733.11 of the | 116 |
Revised Code. | 117 |
The records of the board shall be prima-facie evidence of its | 118 |
proceedings and a transcript thereof, duly certified by the | 119 |
executive director under seal, shall be admissible in evidence as | 120 |
if the original were produced. | 121 |
Annually, | 122 |
the fiscal year, the board shall submit to the governor a report | 123 |
of its | 124 |
125 | |
receipts and expenditures of the board, attested by affidavits of | 126 |
its chairperson and its executive director. | 127 |
Sec. 4733.11. (A) The state board of registration for | 128 |
professional engineers and surveyors shall consider an applicant | 129 |
to be qualified for registration as a professional engineer if an | 130 |
applicant satisfies all of the requirements listed in either | 131 |
division (A)(1) or (2) of this section as follows: | 132 |
(1)(a) Graduation from an accredited engineering curriculum | 133 |
of four years or more; | 134 |
(b) A specific record of four years or more of practical | 135 |
experience in engineering work completed in addition to, and not | 136 |
overlapping in time, any school work completed under division | 137 |
(A)(1)(a) of this section that is acceptable to the board, not | 138 |
more than two years of which may be before graduation but after | 139 |
the completion of the second year of college, indicating that the | 140 |
applicant is competent to be placed in responsible charge of such | 141 |
work; | 142 |
(c) Passing the prescribed | 143 |
examinations under divisions (A) and (B) of section 4733.13 of the | 144 |
Revised Code. | 145 |
(2)(a) Graduation from a college curriculum in engineering of | 146 |
four years or more that is not | 147 |
148 | |
149 | |
evaluated by the board and found to be of a high quality | 150 |
essentially equal to the curricula that are accredited by ABET, | 151 |
Inc., or graduation from a college curriculum in engineering | 152 |
technology of four years or more that is accredited by the | 153 |
engineering technical accreditation commission of
| 154 |
155 |
(b) Eight years or more of practical experience in | 156 |
engineering work completed in addition to, and not overlapping in | 157 |
time, any school work completed under division (A)(2)(a) of this | 158 |
section that is acceptable to the state board of registration for | 159 |
professional engineers and surveyors, not more than two years of | 160 |
which may be before college graduation but after completion of the | 161 |
second year of college, indicating that the applicant is competent | 162 |
to be placed in responsible charge of such work; | 163 |
(c) Passing the prescribed | 164 |
examinations under divisions (A) and (B) of section 4733.13 of the | 165 |
Revised Code. | 166 |
(B) The state board of registration for professional | 167 |
engineers and surveyors shall consider an applicant to be | 168 |
qualified for registration as a professional surveyor if the | 169 |
applicant satisfies all of the requirements listed in either | 170 |
division (B)(1) or (2) of this section as follows: | 171 |
(1)(a) Graduation from an approved curriculum in surveying of | 172 |
four years or more; | 173 |
(b) A specific record of four years or more of surveying | 174 |
office and field experience completed in addition to, and not | 175 |
overlapping in time, any school work completed under division | 176 |
(B)(1)(a) of this section that is of a character acceptable to the | 177 |
board, at least two years of which shall be after college | 178 |
graduation, with at least two of the four years of work in the | 179 |
surveying of land boundaries under the direct supervision of a | 180 |
professional surveyor, who may indicate in writing that the | 181 |
applicant is competent to be placed in responsible charge of the | 182 |
work; | 183 |
(c) Passing the prescribed | 184 |
examinations under divisions (A) and (C) of section 4733.13 of the | 185 |
Revised Code. | 186 |
(2)(a) Graduation from an accredited curriculum in civil | 187 |
engineering of four years or more in a recognized school or | 188 |
college; | 189 |
(b) Successful completion of at least | 190 |
sixteen semester hours, or equivalent | 191 |
trimester hours, of approved surveying courses in surveying and | 192 |
mapping arts and sciences, except that courses successfully | 193 |
completed as prior studies may be credited by the board toward | 194 |
this requirement, of which at least
| 195 |
hours, or equivalent | 196 |
surveying of land boundaries; | 197 |
(c) A specific record of four years or more of surveying | 198 |
office and field experience completed in addition to, and not | 199 |
overlapping in time, any school work completed under division | 200 |
(B)(2)(a) of this section that is of a character acceptable to the | 201 |
board, at least two years of which shall be after college | 202 |
graduation, with at least two of the four years of work in | 203 |
surveying of land boundaries under the direct supervision of a | 204 |
professional surveyor, who may indicate in writing that the | 205 |
applicant is competent to be placed in responsible charge of the | 206 |
work; | 207 |
(d) Passing the prescribed | 208 |
examinations under divisions (A) and (C) of section 4733.13 of the | 209 |
Revised Code. | 210 |
(C) Engineering experience, for a professional engineer's | 211 |
practical experience requirement, or surveying experience, for a | 212 |
professional surveyor's practical experience requirement, in any | 213 |
of the armed forces of the United States or civilian war services | 214 |
may be credited for registration, if the experience is acceptable | 215 |
to the board. | 216 |
(D) As used in this section, "an approved curriculum in | 217 |
surveying" is one which has been accredited by the related | 218 |
accreditation committee of | 219 |
220 | |
state board of registration for professional engineers and | 221 |
surveyors. | 222 |
(E) No person is eligible for registration as a professional | 223 |
engineer, or professional surveyor, who is not of good character | 224 |
and reputation. | 225 |
(F) In considering the qualifications of applicants, | 226 |
responsible charge of engineering or surveying teaching may be | 227 |
construed as responsible charge of engineering or surveying work, | 228 |
respectively. No applicant shall receive credit for more than six | 229 |
years of engineering or surveying experience because of | 230 |
educational qualifications. The mere execution, as a contractor, | 231 |
of work designed by a professional engineer or professional | 232 |
surveyor, or the supervision of the construction of such work as a | 233 |
superintendent is not deemed to be practical experience in | 234 |
engineering or surveying work. | 235 |
(G) Every person applying for registration as a professional | 236 |
engineer or professional surveyor shall be required to pass the | 237 |
fundamentals examination and the principles and practice | 238 |
examination as provided in section 4733.13 of the Revised Code. In | 239 |
addition to passing each requisite examination, each applicant | 240 |
must submit evidence, satisfactory to the board, that the | 241 |
applicant has completed the practical experience required in this | 242 |
section. | 243 |
(H) The board shall require the applicant for registration as | 244 |
a professional engineer or professional surveyor to take two | 245 |
examinations. The first examination, known as the fundamentals | 246 |
examination, may be taken by the applicant at any time after the | 247 |
applicant has completed the required education under division (A) | 248 |
or (B) of this section, or, at the discretion of the board, an | 249 |
applicant may be permitted to take the first examination during | 250 |
the applicant's concluding term of an approved curriculum in | 251 |
engineering or surveying of four years or more. | 252 |
(I) | 253 |
254 | |
an appropriate certificate | 255 |
status as an engineer intern or surveyor intern upon the | 256 |
occurrence of all of the following: | 257 |
(1) The applicant provides proof to the board that the | 258 |
applicant has passed the fundamentals examination as described in | 259 |
division (A) of section 4733.13 of the Revised Code. | 260 |
(2) The board believes the applicant meets the requirements | 261 |
of this chapter based on verified evidence. | 262 |
(3) The applicant applies for registration in accordance with | 263 |
the requirements of this chapter. | 264 |
(4) The applicant pays the fee required pursuant to section | 265 |
4733.12 of the Revised Code. | 266 |
Each applicant applying for registration as a professional | 267 |
engineer or professional surveyor shall first be certified as an | 268 |
engineer intern or surveyor intern in this state. | 269 |
(J) The applicant is not eligible to take the second | 270 |
examination, known as the principles and practice examination, | 271 |
until the applicant has passed the fundamentals examination. | 272 |
(K) Any person having the necessary qualifications to entitle | 273 |
the person to registration is eligible for registration though the | 274 |
person may not be practicing the person's profession at the time | 275 |
of making application. | 276 |
Sec. 4733.12. (A) Applications for registration as a | 277 |
professional engineer or professional surveyor shall be on forms | 278 |
prescribed and furnished by the state board of registration for | 279 |
professional engineers and surveyors, shall contain statements | 280 |
made under oath setting forth the applicant's education and a | 281 |
detailed summary of the applicant's engineering or surveying | 282 |
experience as appropriate, and shall contain not less than five | 283 |
references, of whom three or more shall be professional engineers | 284 |
or professional surveyors having personal knowledge of the | 285 |
applicant's engineering or surveying experience. The application | 286 |
shall be accompanied by a nonrefundable application fee, which | 287 |
shall be established by the board at an amount adequate to cover | 288 |
the costs of processing the application. | 289 |
A nonrefundable examination fee for professional engineers or | 290 |
professional surveyors | 291 |
292 | |
293 | |
amount adequate to cover the expense of procuring, administering, | 294 |
and grading the examinations. A nonrefundable registration fee, | 295 |
which shall be paid after the applicant has passed both | 296 |
examinations, shall be established by the board at an amount | 297 |
adequate to cover the expense of registration. | 298 |
(B) The board shall establish a fee for a certificate of | 299 |
authorization issued under section 4733.16 of the Revised Code in | 300 |
an amount not to exceed fifty dollars and a fee for | 301 |
biennial renewal of a certificate of authorization, not to exceed | 302 |
303 | |
authorization is five dollars. | 304 |
Sec. 4733.13. (A) When | 305 |
examinations are required as provided by section 4733.11 of the | 306 |
Revised Code, they shall be held at a time and place specified by | 307 |
the state board of registration for professional engineers and | 308 |
surveyors. The examinations shall test the applicant's knowledge | 309 |
to perform professional engineering or surveying services which | 310 |
shall insure the safety of life, health, and property. An | 311 |
examination referred to as the fundamentals of engineering or as | 312 |
the fundamentals of surveying examination shall test the | 313 |
applicant's knowledge of the fundamentals of engineering or | 314 |
surveying as appropriate. | 315 |
(B) An examination referred to as the principles and practice | 316 |
of engineering examination shall test the applicant's knowledge of | 317 |
the branch of engineering in which the applicant specializes. For | 318 |
the purpose of this section, the branches of engineering are all | 319 |
those branches in which engineering examinations are offered by | 320 |
the board or the national council of examiners for engineering and | 321 |
surveying. | 322 |
(C) A principles and practice of surveying examination shall | 323 |
test the applicant's knowledge of surveying and the laws and | 324 |
practices applicable to the state of Ohio. | 325 |
(D) An applicant failing an examination may apply for | 326 |
re-examination. The fee for each re-examination shall be the same | 327 |
as the regular examination fee. | 328 |
Sec. 4733.15. (A) Registration expires on the last day of | 329 |
December 2011, and becomes invalid on that date unless renewed. | 330 |
For renewals after that date, registration expires biennially on | 331 |
the last day of December following initial registration or renewal | 332 |
of registration and becomes invalid on that date unless renewed. | 333 |
Renewal may be effected by the applicant's payment to the | 334 |
treasurer of state of a fee of forty dollars for a renewal of | 335 |
registration as either a professional engineer or professional | 336 |
surveyor and demonstration of completion of the continuing | 337 |
professional development requirements of section 4733.151 of the | 338 |
Revised Code. When notified as required in this section, a | 339 |
registrant's failure to renew registration shall not deprive the | 340 |
registrant of the right of renewal within the following twelve | 341 |
months, but the fee to renew a registration within twelve months | 342 |
after expiration shall be increased fifty per cent, and the | 343 |
registrant shall certify completion of continuing professional | 344 |
development hours as required in section 4733.151 of the Revised | 345 |
Code. | 346 |
The state board of registration for professional engineers | 347 |
and surveyors may, upon request, waive the payment of renewal fees | 348 |
or the completion of continuing professional development | 349 |
requirements for a registrant during the period when the | 350 |
registrant is on active duty in connection with any branch of the | 351 |
armed forces of the United States. | 352 |
(B) Each certificate of authorization issued pursuant to | 353 |
section 4733.16 of the Revised Code shall authorize the holder to | 354 |
provide professional engineering or professional surveying | 355 |
services, through the registered professional engineer or | 356 |
professional surveyor designated as being in responsible charge of | 357 |
the professional engineering or professional surveying practice, | 358 |
from the date of issuance until the | 359 |
succeeding thirtieth day of June | 360 |
361 | |
revoked or suspended for cause as provided in section 4733.20 of | 362 |
the Revised Code or has been suspended pursuant to section 3123.47 | 363 |
of the Revised Code. Thereafter, the certificate shall expire | 364 |
biennially on the thirtieth day of June. | 365 |
(C) If a registrant fails to renew registration as provided | 366 |
under division (A) of this section, renewal and reinstatement may | 367 |
be effected under rules the board adopts regarding requirements | 368 |
for reexamination or reapplication, and reinstatement penalty | 369 |
fees. The board may require a registrant who fails to renew | 370 |
registration to complete the required hours of continuing | 371 |
professional development as a condition of renewal and | 372 |
reinstatement if the registrant seeks renewal and reinstatement | 373 |
under this division. | 374 |
Sec. 4733.151. (A) For registrations expiring on the last day | 375 |
of December 2011, each registrant for renewal shall have | 376 |
completed, in calendar year 2011, at least fifteen hours of | 377 |
continuing professional development for professional engineers and | 378 |
surveyors. Thereafter, each registrant shall complete at least | 379 |
thirty hours of continuing professional development during the | 380 |
two-year period immediately preceding the biennial renewal | 381 |
expiration date. | 382 |
(B) The continuing professional development requirement may | 383 |
be satisfied by coursework or activities dealing with technical, | 384 |
ethical, or managerial topics relevant to the practice of | 385 |
engineering or surveying. A registrant may earn continuing | 386 |
professional development hours by completing or teaching | 387 |
university or college level coursework, attending seminars, | 388 |
workshops, or conferences, authoring relevant published papers, | 389 |
articles, or books, receiving patent awards, or actively | 390 |
participating in professional or technical societies serving the | 391 |
engineering or surveying professions. | 392 |
| 393 |
394 | |
395 | |
396 | |
397 | |
398 | |
399 | |
400 |
Credit for university or college level coursework shall be | 401 |
based on the credit established by the university or college. One | 402 |
semester hour as established by the university or college shall be | 403 |
the equivalent of forty-five hours of continuing professional | 404 |
development, and one quarter hour as established by the university | 405 |
or college shall be the equivalent of thirty hours of continuing | 406 |
professional development. | 407 |
Credit for seminars, workshops, or conferences offering | 408 |
continuing education units shall be based on the units awarded by | 409 |
the organization presenting the seminar, workshop, or conference. | 410 |
A registrant may earn ten continuing professional development | 411 |
hours for each continuing education unit awarded. Each hour of | 412 |
attendance at a seminar, workshop, or conference for which no | 413 |
continuing education units are offered shall be the equivalent of | 414 |
one continuing professional development hour. | 415 |
A registrant may earn two continuing professional development | 416 |
hours for each year of service as an officer or active committee | 417 |
member of a professional or technical society or association that | 418 |
represents registrants or entities composed of registrants. A | 419 |
registrant may earn ten continuing professional development hours | 420 |
for authoring relevant published papers, articles, or books. A | 421 |
registrant may earn ten continuing professional development hours | 422 |
for each such published paper, article, or book. A registrant may | 423 |
earn ten continuing professional development hours for each patent | 424 |
award. | 425 |
(C) A person registered as both a professional engineer and | 426 |
professional surveyor shall complete at least ten of the thirty | 427 |
hours required under division (A) of this section in | 428 |
engineering-related coursework or activities and at least ten of | 429 |
those thirty hours in surveying-related coursework or activities. | 430 |
(D) A registrant is exempt from the continuing professional | 431 |
development requirements of this section during the first calendar | 432 |
year of registration. | 433 |
(E) A registrant who completes more than thirty hours of | 434 |
approved coursework or activities in a biennial renewal period may | 435 |
carry forward to the next biennial renewal period a maximum of | 436 |
fifteen of the excess hours. | 437 |
(F) A registrant shall maintain records to demonstrate | 438 |
completion of the continuing professional development requirements | 439 |
specified in this section for a period of four calendar years | 440 |
beyond the year in which certification of the completion of the | 441 |
requirements is obtained by the registrant. The records shall | 442 |
include all of the following: | 443 |
(1) A log specifying the type of coursework or activity, its | 444 |
location and duration along with the instructor's name, and the | 445 |
number of continuing professional development hours earned; | 446 |
(2) Certificates of completion or other evidence verifying | 447 |
attendance. | 448 |
(G) The records specified in division (F) of this section may | 449 |
be audited at any time by the state board of registration for | 450 |
professional engineers and surveyors. If the board discovers that | 451 |
a registrant has failed to complete coursework or activities, it | 452 |
shall notify the registrant of the deficiencies and allow the | 453 |
registrant six months from the date of the notice to rectify the | 454 |
deficiencies and to provide the board with evidence of | 455 |
satisfactory completion of the continuing professional development | 456 |
requirements. If the registrant fails to provide such evidence | 457 |
within that six-month period, the board may revoke or suspend the | 458 |
registration after offering an adjudication hearing in accordance | 459 |
with Chapter 119. of the Revised Code. | 460 |
Section 2. That existing sections 4703.30, 4733.01, 4733.09, | 461 |
4733.11, 4733.12, 4733.13, 4733.15, and 4733.151 of the Revised | 462 |
Code are hereby repealed. | 463 |