US Laws, Codes, Statutes & Cases

Chapter 672 — Professional Engineers; Land Surveyors; Photogrammetrists; Geologists

 

2005 EDITION

 

 

ENGINEERS; MEASUREMENT TRADES; GEOLOGISTS

 

OCCUPATIONS AND PROFESSIONS

 

PROFESSIONAL ENGINEERS, LAND SURVEYORS AND PHOTOGRAMMETRISTS

 

(Generally)

 

672.002     Definitions for ORS 672.002 to 672.325

 

672.005     Additional definitions

 

672.007     Acts constituting practice of engineering, land surveying

 

672.020     Practice of engineering without registration prohibited; seal required

 

672.025     Practice of land surveying without registration prohibited; seal required

 

672.028     Practice of photogrammetric mapping without registration prohibited

 

672.045     Prohibited activities relating to practices of engineering and land surveying

 

672.047     Right of entry by land surveyor; compensation for damages caused; notice; removal of survey markers

 

672.050     Registration of supervising engineer employed by nonresident required

 

672.060     Exceptions to application of ORS 672.002 to 672.325

 

(Registration; Certificates)

 

672.090     Issuance of certificates by board; examinations

 

672.095     Applicant meeting qualifications eligible for examination; fee; certificate specifications

 

672.102     Qualifications for registration as engineer

 

672.105     Qualifications for engineering examination; rules; form of examination

 

672.107     Structural engineer registration for performing engineering services on significant structures; rules

 

672.109     Temporary permit to practice engineering; fee

 

672.115     Qualifications for registration as land surveyor

 

672.118     Qualifications for land surveying examination; rules; form of examination

 

672.123     Qualifications for registration as photogrammetrist

 

Note          Temporary alternative qualifications for registration as photogrammetrist--2005 c.445 §4

 

672.127     Temporary permit to practice photogrammetric mapping; fee

 

672.148     Certificate issuance to persons licensed in other jurisdictions

 

672.151     Notice to candidates of examination results

 

672.153     Registration without examination; fee

 

672.155     Fees

 

672.157     Payment of fee required before issuance of certificate

 

672.159     Numbering and recording of certificates

 

672.160     Expiration date of certificates

 

672.170     Renewal of certificate; increased fees for delinquent renewal

 

672.180     Exemption from fees for retired engineer or surveyor age 65 or over

 

672.190     Replacement of certificate; fee

 

(Discipline)

 

672.200     Grounds for suspension or revocation of certificate or permit or refusal to issue, restore or renew certificate or permit; grounds for reprimand

 

672.205     Disciplinary hearings; judicial review

 

672.210     Procedure for suspension or revocation of certificate, permit or enrollment; hearing; majority of board members required to take action; reinstatement

 

672.215     Proceedings to enjoin violations of ORS 672.002 to 672.325

 

(State Board)

 

672.240     State Board of Examiners for Engineering and Land Surveying; appointment; qualifications; officers

 

672.250     Term; certificate of appointment; oath; removal; vacancies

 

672.255     Rulemaking authority

 

672.300     Investigation of complaints

 

672.310     Investigation of identity of person claiming to be registered

 

(Civil Penalties)

 

672.325     Civil penalties

 

GEOLOGISTS

 

(Generally)

 

672.505     Definitions for ORS 672.505 to 672.705

 

672.515     Policy of ORS 672.505 to 672.705

 

(Certificates of Registration)

 

672.525     Geologist registration; public practice of geology

 

672.535     Exemptions from ORS 672.505 to 672.705

 

672.545     Practice of geology by proprietorship, partnership or corporation; employment of nonregistered geologist; practice by other professionals; practice by nonresident

 

672.555     Application; qualifications for certificates of registration; rules

 

672.565     Certification in specialty; rules; professional affairs committees

 

672.575     Examination

 

672.585     Certificate of registration; renewal; fee; replacement

 

672.595     Registration of persons licensed in other jurisdictions

 

672.605     Seal of geologist

 

(State Board)

 

672.615     State Board of Geologist Examiners; qualifications and appointment; term

 

672.635     Record of board proceedings; roster

 

672.645     Appeals filed with board; service on administrator

 

(Professional Conduct)

 

672.655     Code of professional conduct

 

672.665     Charges against geologist

 

672.675     Grounds for reprimand, suspension, revocation or refusal to renew certificate

 

672.685     Reissuance of revoked certificate

 

(Civil Penalties)

 

672.690     Civil penalties

 

(Miscellaneous)

 

672.695     Public agencies required to contract with or for registered geologist

 

672.705     Fees

 

CRIMINAL PENALTIES

 

672.991     Penalties

 

PROFESSIONAL ENGINEERS, LAND SURVEYORS AND PHOTOGRAMMETRISTS

 

(Generally)

 

      672.002 Definitions for ORS 672.002 to 672.325. As used in ORS 672.002 to 672.325, unless the context requires otherwise:

      (1) “Board” means the State Board of Examiners for Engineering and Land Surveying.

      (2) “Engineer,” “licensed engineer,” “professional engineer,” “registered engineer” or “registered professional engineer” means a person who is registered in this state and holds a valid certificate to practice engineering in this state as provided under ORS 672.002 to 672.325.

      (3) “Engineering intern” means a person enrolled by the board as having passed an examination in the fundamental engineering subjects.

      (4) “Geodetic survey” means a determination of the size and shape of the earth or the position of any point on the earth.

      (5) “Land surveyor,” “surveyor,” “licensed surveyor,” “professional surveyor,” “professional land surveyor,” “registered land surveyor” or “registered professional land surveyor” means a person who is registered in this state and holds a valid certificate to practice surveying in this state as provided by ORS 672.002 to 672.325.

      (6) “Land surveying intern” means a person enrolled by the board as having passed an examination in the fundamental land surveying subjects.

      (7) “Photogrammetric mapping” means an evaluating and measuring of land that is limited to the determination of the topography, area, contours and location of planimetric features, by using photogrammetric methods or similar remote sensing technology, including but not limited to using existing ground control points incidental to the photogrammetric or remote sensing mapping process.

      (8) “Photogrammetrist” means a person registered with the board and holding a valid certificate to practice photogrammetric mapping.

      (9) “Responsible charge” means to have supervision and control of:

      (a) The engineering design of works with responsibility for design decisions; or

      (b) Land surveying work for the purpose of ensuring conformance to the relevant requirements of law and sound surveying practice.

      (10) “Supervision and control” means establishing the nature of, directing and guiding the preparation of, and approving the work product and accepting responsibility that the work product is in conformance with standards of professional practice. [1971 c.751 §1; 1983 c.614 §1; 1995 c.33 §1; 1997 c.210 §1; 2005 c.22 §475; 2005 c.445 §6]

 

      672.005 Additional definitions. As used in ORS 672.002 to 672.325, unless the context requires otherwise:

      (1) “Practice of engineering” or “practice of professional engineering” means doing any of the following:

      (a) Performing any professional service or creative work requiring engineering education, training and experience.

      (b) Applying special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, testimony, evaluation, planning, design and services during construction, manufacture or fabrication for the purpose of ensuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects.

      (c) Surveying to determine area or topography.

      (d) Surveying to establish lines, grades or elevations, or to determine or estimate quantities of materials required, removed or in place.

      (e) Surveying required for design and construction layout of engineering and architectural infrastructure.

      (f) Performing photogrammetric mapping.

      (2) “Practice of land surveying” means doing any of the following:

      (a) Providing or offering to provide professional services that apply mathematics, geodesy and other sciences and involve:

      (A) The making of geometric measurements and gathering of related information pertaining to:

      (i) The physical or legal features of the earth;

      (ii) Improvements on the earth; or

      (iii) The space above or below the earth; or

      (B) The development of measurements and information described in subparagraph (A) of this paragraph into graphics, data, maps, plans, reports, descriptions, projects or other survey products.

      (b) Performing geodetic surveys.

      (c) Establishing, reestablishing or replacing boundaries or geodetic control monuments or reference points.

      (d) Locating, relocating, establishing, reestablishing or retracing any property lines or boundaries for any tract of land, road right-of-way or easement.

      (e) Making any survey for the division or subdivision of a tract of land or for the consolidation of tracts of land.

      (f) Locating and laying out alignments, positions or elevations for the construction of fixed works.

      (g) Performing or offering to perform any investigation, interpretation or evaluation of, or any consultation or testimony about, any of the services described in paragraphs (a) to (f) of this subsection.

      (h) Collecting, preparing, manipulating or modifying data related to activities described in paragraphs (a) to (f) of this subsection, other than acting as a scrivener.

      (i) Performing photogrammetric mapping.

      (j) Making surveys that involve horizontal or vertical mapping control or geodetic control. [1971 c.751 §2; 1973 c.531 §1; 1977 c.620 §1; 1981 c.143 §2; 1991 c.339 §5; 1997 c.210 §2; 2005 c.445 §7]

 

      672.007 Acts constituting practice of engineering, land surveying. (1) Within the meaning of ORS 672.002 to 672.325, a person shall be considered practicing or offering to practice engineering who:

      (a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a registered professional engineer;

      (b) Through the use of some other title implies that the person is an engineer or a registered professional engineer; or

      (c) Purports to be able to perform, or who does perform, any service or work that is defined by ORS 672.005 as the practice of engineering.

      (2) Within the meaning of ORS 672.002 to 672.325, a person is practicing or offering to practice land surveying who:

      (a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a land surveyor;

      (b) Through the use of some other title implies that the person is a land surveyor; or

      (c) Purports to be able to perform, or who does perform, any land surveying service or work or any other service that is defined by ORS 672.005 as the practice of land surveying. [1971 c.751 §3; 1981 c.143 §3; 2003 c.14 §427]

 

      672.010 [Amended by 1959 c.336 §1; repealed by 1971 c.751 §39]

 

      672.020 Practice of engineering without registration prohibited; seal required. (1) In order to safeguard life, health and property, no person shall practice or offer to practice engineering in this state unless the person is registered and has a valid certificate to practice engineering issued under ORS 672.002 to 672.325.

      (2) Each registered professional engineer shall, upon registration, obtain a seal of the design authorized by the State Board of Examiners for Engineering and Land Surveying. Every final document including drawings, specifications, designs, reports, narratives, maps and plans issued by a registrant shall be stamped with the seal and signed by the registrant. The signature and stamp of a registrant constitute a certification that the document was prepared by the registrant or under the supervision and control of the registrant. [Amended by 1971 c.751 §6; 1995 c.33 §2; 1995 c.79 §339; 1997 c.210 §3]

 

      672.025 Practice of land surveying without registration prohibited; seal required. (1) No person shall practice land surveying in this state unless the person is registered and has a valid certificate to practice land surveying issued under ORS 672.002 to 672.325.

      (2) Every registered professional land surveyor shall, upon registration, obtain a seal of the design authorized by the State Board of Examiners for Engineering and Land Surveying. Every final document including drawings, specifications, designs, reports, narratives, maps and plans issued by a registrant shall be stamped with the seal of and signed by the registrant. The signature and stamp of a registrant constitute a certification that the document was prepared by the registrant or under the registrant’s supervision and control.

      (3) Notwithstanding the provisions of ORS 672.005 (1), a registered professional engineer not also registered as a professional land surveyor shall not establish, reestablish or restore land boundaries, corners or monuments between lands not held in common ownership or intended for conveyance. [Formerly 672.420; 1977 c.620 §2; 1979 c.817 §1; 1981 c.159 §1; 1995 c.33 §3; 1997 c.210 §4]

 

      672.027 [1985 c.418 §2; repealed by 1991 c.67 §177]

 

      672.028 Practice of photogrammetric mapping without registration prohibited. (1) A person may not practice photogrammetric mapping in this state unless the person is registered and has a valid certificate to practice land surveying, engineering or photogrammetric mapping issued under ORS 672.002 to 672.325.

      (2) A photogrammetrist may perform services defined as photogrammetric mapping under ORS 672.002. A photogrammetrist may not engage or offer to engage in an act constituting the practice of land surveying other than photogrammetric mapping. [2005 c.445 §2]

 

      672.030 [Amended by 1971 c.751 §9; 1979 c.681 §1; repealed by 1983 c.614 §4]

 

      672.035 [1971 c.751 §10; repealed by 1983 c.614 §4]

 

      672.040 [Amended by 1959 c.336 §13; repealed by 1971 c.751 §39]

 

      672.045 Prohibited activities relating to practices of engineering and land surveying. A person shall not:

      (1) Engage in the practice of engineering or land surveying without having a valid certificate or permit to so practice issued in accordance with ORS 672.002 to 672.325.

      (2) Falsely represent, by any means, that the person is authorized to practice engineering or land surveying.

      (3) Present or attempt to use the certificate or permit of another or the seal of another.

      (4) Attempt to use an expired or revoked certificate or permit.

      (5) Falsely impersonate any registrant of like or different name.

      (6) Practice engineering or land surveying when not qualified.

      (7) Buy, sell or fraudulently obtain any certificate or permit required by this chapter.

      (8) Aid or abet the buying, selling or fraudulently obtaining of any certificate or permit required by ORS 672.002 to 672.325.

      (9) Engage in the practice of engineering or land surveying under cover of a certificate or permit obtained or issued fraudulently or unlawfully or under fraudulent representations or mistake of fact in a material regard.

      (10) Give any false or forged evidence of any kind to the State Board of Examiners for Engineering and Land Surveying or to any member thereof in obtaining or attempting to obtain a certificate or permit required by ORS 672.002 to 672.325. [1971 c.751 §36]

 

      672.047 Right of entry by land surveyor; compensation for damages caused; notice; removal of survey markers. (1) Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for Engineering and Land Surveying.

      (2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon. Damages to trees, shrubs and other vegetation intentionally caused by the surveyor shall be subject to compensation and penalties as provided in ORS 105.810. The surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater. Actual monetary damages may include but are not limited to all costs in time, labor and materials incurred by the property owner to return the property to the condition it was in prior to the damage.

      (3) If a request is made in writing in a timely manner, a copy of the survey shall be provided in a timely manner to any landowner who owns property that is outside an urban growth boundary and is affected by subsection (4) of this section.

      (4) A registered professional land surveyor, or any employee or agent of the surveyor, shall not enter upon or establish any permanent survey monument upon any land without first attempting to provide notice to the landowner or occupant of the property in person. When the landowner or occupant is not available, written notice shall be posted in a conspicuous place where it is most likely to be seen. The posted notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers left on the property.

      (5) A registered professional land surveyor, or any employee or agent of the surveyor, who enters land as allowed under this section is owed no greater duty of care than that owed by a landowner to a trespasser.

      (6) Notwithstanding the provisions of subsection (1) of this section, a registered professional land surveyor, or any employee or agent of the surveyor, may use a vehicle to enter upon land provided that the vehicle remains on existing roadways where practicable.

      (7) The surveyor shall remove all flagging, stakes and other temporary materials that are above ground if leaving them in place creates an unreasonable risk of harm to persons or property. Except for forestland as defined in ORS 527.620, the surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 §13; 1997 c.743 §1]

 

      672.050 Registration of supervising engineer employed by nonresident required. Any engineer in responsible charge of engineering works by reason of which the public health and safety is involved, employed by a nonresident engineer, shall be registered as a professional engineer as provided by ORS 672.002 to 672.325. [Amended by 1971 c.751 §5]

 

      672.060 Exceptions to application of ORS 672.002 to 672.325. ORS 672.002 to 672.325 do not apply to:

      (1) A registered architect practicing architecture.

      (2) A registered environmental health specialist or registered environmental health specialist trainee working under the supervision of a registered environmental health specialist practicing environmental sanitation, or a registered waste water specialist or registered waste water specialist trainee working under the supervision of a registered waste water specialist practicing waste water sanitation.

      (3) A person working as an employee or a subordinate of a registered professional engineer if:

      (a) The work of the person does not include final engineering designs or decisions;

      (b) The work of the person is done under the supervision and control of and is verified by a registered professional engineer; and

      (c) The person does not purport to be an engineer or registered professional engineer by any verbal claim, sign, advertisement, letterhead, card or title.

      (4) A person practicing land surveying under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise a land surveying activity the engineer could not personally perform under ORS 672.025.

      (5) An individual, firm, partnership or corporation practicing engineering or land surveying:

      (a) On property owned or leased by the individual, firm, partnership or corporation, or on property in which the individual, firm, partnership or corporation has an interest, estate or possessory right; and

      (b) That affects exclusively the property or interests of the individual, firm, partnership or corporation, unless the safety or health of the public, including employees and visitors, is involved.

      (6) The performance of engineering work by a person, firm or corporation, or by full-time employees thereof, provided:

      (a) The work is in connection with or incidental to the operations of the persons, firms or corporations; and

      (b) The engineering work is not offered directly to the public.

      (7) A person executing engineering work designed by a professional engineer or supervising the construction of engineering work as a foreman or superintendent.

      (8) A landowner performing land surveying within the boundaries of the landowner’s land or the landowner’s regular employee performing land surveying services as part of the employee’s official duties within the boundaries of the land of the employer.

      (9) An individual, firm, partnership or corporation offering to practice engineering or land surveying if:

      (a) The individual, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering or land surveying issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country; and

      (b) The offer includes a written statement that the offeror is not registered to practice engineering or land surveying in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having a person holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering or land surveying work within this state.

      (10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. ORS 672.002 to 672.325 do not prevent a person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

      (11) A construction contractor licensed under ORS chapter 701 that offers services constituting the practice of engineering if:

      (a) The services are appurtenant to construction services to be provided by the contractor;

      (b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and

      (c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering.

      (12) A person transcribing existing georeferenced data into a Geographic Information System or Land Information System format by manual or electronic means, and the maintenance of that data, if the data are clearly not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works of humans.

      (13) A person carrying out activities under ORS 306.125 or 308.245. This exemption applies to the transcription of tax maps, zoning maps and other public data records into Geographic Information System or Land Information System formatted cadastre and the maintenance of those cadastre, if:

      (a) The data are not modified for other than graphical purposes; and

      (b) The data are clearly not intended to authoritatively represent property boundaries.

      (14) A person preparing maps or compiling databases depicting the distribution of natural or cultural resources, features or phenomena, if the maps or data are not intended to indicate the authoritative location of property boundaries, the precise shape or contour of the earth or the precise location of fixed works by humans.

      (15) A federal agency or its contractors, in the preparation of military maps, quadrangle topographic maps, satellite imagery or other maps or images that do not define real property boundaries.

      (16) A federal agency or its contractors, in the preparation or transcription of documents or databases into a Geographical Information System or Land Information System format, including but not limited to the preparation or transcription of federal census and other demographic data.

      (17) A law enforcement agency or its contractors, in the preparation of documents or maps for traffic accidents, crime scenes or similar purposes depicting physical features or events or generating or using georeferenced data involving crime statistics or criminal activities.

      (18) A peace officer, as defined in ORS 161.015, or a fire service professional, as defined in ORS 181.610, conducting, reporting on or testifying about or otherwise performing duties regarding an official investigation.

      (19) A person creating general maps prepared for private firms or governmental agencies:

      (a) For use as guides to motorists, boaters, aviators or pedestrians;

      (b) For publication in a gazetteer or an atlas as an educational tool or reference publication;

      (c) For use in the curriculum of any course of study;

      (d) If produced by any electronic or print media, for use as an illustrative guide to the geographic location of any event; or

      (e) If prepared for conversational or illustrative purposes, including but not limited to for use as advertising material or user guides. [Amended by 1971 c.751 §4; 1981 c.143 §4; 1981 c.159 §2; 1983 c.614 §2; 1995 c.572 §22; 1997 c.210 §5; 1999 c.830 §1; 2001 c.362 §2; 2003 c.547 §117; 2005 c.445 §8]

 

      672.070 [Amended by 1959 c.336 §2; repealed by 1971 c.751 §39]

 

      672.080 [Repealed by 1959 c.336 §3 (672.081 enacted in lieu of 672.080)]

 

      672.081 [1959 c.336 §4 (enacted in lieu of 672.080); repealed by 1971 c.751 §39]

 

      672.083 [1959 c.336 §6; repealed by 1971 c.751 §39]

 

      672.085 [1959 c.336 §7; repealed by 1971 c.751 §39]

 

      672.087 [1959 c.336 §8; repealed by 1971 c.751 §39]

 

(Registration; Certificates)

 

      672.090 Issuance of certificates by board; examinations. (1) The State Board of Examiners for Engineering and Land Surveying shall issue certificates of registration as provided by ORS 672.002 to 672.325. All certificates shall be signed by the president and secretary of the board and issued under the seal of the board. The board shall prescribe and furnish forms for applications for examinations and for certificates and permits.

      (2) Examinations shall be held at such times and at such places in each year as the board shall determine. The scope of the examinations and the methods of procedure shall be prescribed by the board. Examinations for registration may be written or oral, or both. [Amended by 1971 c.751 §26(2), (3); 1975 c.429 §9; 1981 c.143 §5; 1991 c.221 §1; 1997 c.210 §6]

 

      672.092 [1995 c.68 §6; renumbered 672.102 in 2005]

 

      672.094 [1995 c.68 §10; renumbered 672.115 in 2005]

 

      672.095 Applicant meeting qualifications eligible for examination; fee; certificate specifications. (1) If an applicant has the qualifications for examination prescribed by the State Board of Examiners for Engineering and Land Surveying under ORS 672.255, upon payment of the required examination fee, the board shall examine the applicant for registration on qualifications to practice engineering or land surveying.

      (2) The board shall specify on the certificate to practice, when issued to the applicant, the branch or branches of engineering in which the applicant is especially qualified. [1971 c.751 §11; 1981 c.143 §6]

 

      672.097 [1995 c.68 §3; renumbered 672.105 in 2005]

 

      672.099 [1995 c.68 §7; renumbered 672.118 in 2005]

 

      672.100 [Amended by 1971 c.751 §12; 1981 c.143 §7; renumbered 672.151 in 2005]

 

      672.102 Qualifications for registration as engineer. As minimum evidence of qualification for registration as a professional engineer, an applicant shall:

      (1) Successfully pass the fundamentals in engineering examination;

      (2) Successfully pass a practical engineer’s examination as may be prescribed by the State Board of Examiners for Engineering and Land Surveying; and

      (3) Have a work record of four years or more of active practice in engineering work satisfactory to the board. [Formerly 672.092]

 

      672.105 Qualifications for engineering examination; rules; form of examination. (1) As minimum evidence of qualification for the fundamentals in engineering examination, an applicant shall provide evidence of graduation in an approved engineering curriculum of four years or more from a school or college approved by the State Board of Examiners for Engineering and Land Surveying.

      (2) Notwithstanding the provisions of subsection (1) of this section, the board shall adopt rules to consider an applicant’s work experience, education or other relevant factors, in lieu of a degree in engineering as qualification for the fundamentals in engineering examination.

      (3) The fundamentals in engineering examination shall be prescribed by the board and shall be devoted to basic engineering subjects. The examination shall be written or written and oral. [Formerly 672.097]

 

      672.107 Structural engineer registration for performing engineering services on significant structures; rules. (1) For purposes of this section:

      (a) “Significant structure” means:

      (A) Hazardous facilities and special occupancy structures, as defined in ORS 455.447;

      (B) Essential facilities, as defined in ORS 455.447, that have a ground area of more than 4,000 square feet or are more than 20 feet in height;

      (C) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and

      (D) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.

      (b) “Significant structure” does not mean:

      (A) One-family and two-family dwellings and accompanying accessory structures;

      (B) Agricultural buildings or equine facilities, both as defined in ORS 455.315; or

      (C) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations.

      (2) Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence.

      (3) An engineer may not provide engineering services for significant structures unless the engineer possesses a valid professional structural engineer certificate of registration issued by the board. [Formerly 672.129]

 

      672.109 Temporary permit to practice engineering; fee. (1) Upon payment of the required fee, the State Board of Examiners for Engineering and Land Surveying may without examination issue a temporary permit to a person to practice engineering in this state for a period not to exceed six months. A temporary permit may only be issued if the person has made application for registration and, in the judgment of the board, has the other necessary qualifications for registration under ORS 672.002 to 672.325.

      (2) A temporary permit to practice engineering may be issued only once to a person and may only be issued to a person authorized to practice engineering in another state, territory or possession of the United States, the District of Columbia or a foreign country if the standards for such authorization are equivalent to those in Oregon, as determined by the board. [Formerly 672.135]

 

      672.110 [Amended by 1971 c.751 §13; renumbered 672.159 in 2005]

 

      672.115 Qualifications for registration as land surveyor. As minimum evidence of qualification for registration as a professional land surveyor, an applicant shall:

      (1) Successfully pass the fundamentals in land surveying examination;

      (2) Successfully pass a professional land surveyor’s examination as may be prescribed by the State Board of Examiners for Engineering and Land Surveying; and

      (3) Have a work record of four or more years of active practice in land surveying work satisfactory to the board. [Formerly 672.094]

 

      672.118 Qualifications for land surveying examination; rules; form of examination. (1) As minimum evidence of qualification for the fundamentals examination in land surveying, an applicant shall provide evidence of graduation in an approved land surveying curriculum of four years or more from a school or college approved by the State Board of Examiners for Engineering and Land Surveying.

      (2) Notwithstanding the provisions of subsection (1) of this section, the board shall adopt rules to consider an applicant’s work experience, or other relevant factors, in lieu of a degree in land surveying as qualification for the fundamentals in land surveying examination.

      (3) The fundamentals in land surveying examination shall be prescribed by the board and shall be devoted to basic land surveying subjects. The examination shall be written, or written and oral. [Formerly 672.099]

 

      672.120 [Amended by 1959 c.336 §11; 1971 c.751 §14; renumbered 672.157 in 2005]

 

      672.123 Qualifications for registration as photogrammetrist. To qualify for a certificate of registration as a photogrammetrist, a person must:

      (1) Pass the fundamentals of land surveying examination;

      (2) Pass a professional photogrammetric mapping examination administered by the State Board of Examiners for Engineering and Land Surveying; and

      (3) Have four or more years of experience acceptable to the board as an active practitioner of photogrammetric mapping. [2005 c.445 §3]

 

      Note: Section 4, chapter 445, Oregon Laws 2005, provides:

      Sec. 4. Temporary alternative qualifications for registration as photogrammetrist. Notwithstanding the qualifications required under section 3 of this 2005 Act [672.123], the State Board of Examiners for Engineering and Land Surveying may issue a certificate of registration as a photogrammetrist to an applicant without an examination if the applicant:

      (1)(a) Has eight or more years of experience as a practitioner of photogrammetric mapping; or

      (b) Has eight or more years of experience in responsible charge of photogrammetric mapping projects meeting:

      (A) The Federal Geographic Data Committee positioning accuracy and metadata standards in effect on the effective date of this 2005 Act [January 1, 2006];

      (B) A later version of the standards described in subparagraph (A) of this paragraph, recognized by the board by rule; or

      (C) Other standards of the committee, recognized by the board by rule;

      (2) Meets any additional professional qualifications established by the board by rule;

      (3) Pays a fee established by the board by rule for the issuance of a photogrammetrist certificate without examination; and

      (4) Submits the application no later than January 1, 2008. [2005 c.445 §4]

 

      672.125 [1971 c.751 §19; 1981 c.143 §8; 1991 c.221 §2; renumbered 672.148 in 2005]

 

      672.127 Temporary permit to practice photogrammetric mapping; fee. The State Board of Examiners for Engineering and Land Surveying may issue a temporary permit to a person to practice photogrammetric mapping in this state, without an examination, for a period not to exceed six months. The board may not issue a temporary permit to the person more than once. The board may issue the temporary permit only if the person:

      (1) Pays the appropriate fee;

      (2) Is an applicant for registration under ORS 672.002 to 672.325;

      (3) Has, in the judgment of the board, met all qualifications for registration under ORS 672.002 to 672.325 other than passing an examination; and

      (4) Is authorized to practice photogrammetric mapping in another jurisdiction in the United States or a foreign country, by a jurisdiction having authorization standards that the board considers equivalent to the standards for practicing photogrammetric mapping in this state. [2005 c.445 §5a]

 

      672.129 [1999 c.744 §2; 2003 c.74 §2; 2005 c.144 §1; renumbered 672.107 in 2005]

 

      672.130 [Amended by 1953 c.98 §1; repealed by 1971 c.751 §39]

 

      672.135 [1971 c.751 §18; 1997 c.41 §1; renumbered 672.109 in 2005]

 

      672.140 [Repealed by 1971 c.751 §39]

 

      672.145 [1971 c.751 §8; 1979 c.495 §1; repealed by 1991 c.221 §6]

 

      672.148 Certificate issuance to persons licensed in other jurisdictions. (1) The State Board of Examiners for Engineering and Land Surveying, without examination, may issue a certificate of registration to practice engineering to an applicant who:

      (a) Pays the required fee;

      (b) Meets the other necessary qualifications for registration under ORS 672.002 to 672.325;

      (c) Holds a certificate of registration to engage in the practice of professional engineering, issued by the proper authority of a state, territory or possession of the United States, the District of Columbia or a foreign country; and

      (d) Was issued the certificate of registration by the other authority under requirements for certification that were substantially equivalent to the requirements provided in this state at the time of issue.

      (2) The board may refuse to certify an applicant who has been found to have violated ethical or professional standards by a court or administrative body in another state for committing or omitting acts which, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to ORS 672.002 to 672.325.

      (3) The board may issue a certificate of registration to practice land surveying to an applicant who:

      (a) Pays the required fee;

      (b) Meets the other necessary qualifications for registration under ORS 672.002 to 672.325;

      (c) Holds a certificate of registration to engage in the practice of land surveying, issued by the proper authority of a state, territory or possession of the United States, the District of Columbia or a foreign country;

      (d) Was issued the certificate of registration by the other authority under requirements for certification that were substantially equivalent to the requirements provided in this state at the time of issue as determined by the board; and

      (e) Satisfactorily passes an examination covering questions on laws, procedures and practices pertaining to practice in this state. [Formerly 672.125]

 

      672.150 [Repealed by 1971 c.751 §39]

 

      672.151 Notice to candidates of examination results. As soon as practicable after the close of each examination, the secretary of the State Board of Examiners for Engineering and Land Surveying shall notify each candidate of the result of the candidate’s examination. [Formerly 672.100]

 

      672.153 Registration without examination; fee. If the State Board of Examiners for Engineering and Land Surveying specifies a new branch of engineering or land surveying for examination and registration under ORS 672.002 to 672.325, the board may issue a certificate to an individual in the new branch without examination if the individual:

      (1) Is a registered professional engineer, if the new branch is a branch of engineering;

      (2) Is a registered engineer or land surveyor if the new branch is a branch of land surveying;

      (3) Establishes to the satisfaction of the board that the person has four years’ experience in the new branch specified by the board;

      (4) Pays the fee established under ORS 672.155 for certification in a newly established branch, without examination, based on experience; and

      (5) Submits an application to the board for issuance of the certificate in the new branch within one year after the date the board first gives an examination in the new branch. [2005 c.445 §5]

 

      672.155 Fees. The State Board of Examiners for Engineering and Land Surveying shall establish fees by rule, including but not limited to fees for the following:

      (1) Examination in the fundamentals of engineering.

      (2) Examination for registration as a registered professional engineer.

      (3) Examination in the fundamentals of land surveying.

      (4) Reexamination in any portion of the land surveyor’s examination, if required.

      (5) Examination for registration as registered professional land surveyor.

      (6) Issuance or renewal of a registered professional land surveyor certificate.

      (7) Issuance or renewal of a registered professional engineer certificate.

      (8) Issuance or renewal of a registered photogrammetrist certificate.

      (9) Registration of nonresident engineer without examination under ORS 672.148.

      (10) Registration of a nonresident land surveyor under ORS 672.148.

      (11) Issuance of a temporary permit under ORS 672.109 or 672.127.

      (12) Reissuance of a lost or mutilated certificate.

      (13) Issuance of a certificate of registration, without examination, based on experience in a branch of engineering or land surveying newly established by the board under ORS 672.255. [1971 c.751 §34; 1975 c.429 §10; 1979 c.495 §2; 1979 c.681 §2a; 1981 c.556 §2; 1983 c.614 §3; 1991 c.221 §4; 1991 c.703 §18; 1997 c.643 §19; 2005 c.445 §9]

 

      672.157 Payment of fee required before issuance of certificate. Upon receipt of the required fee the State Board of Examiners for Engineering and Land Surveying shall issue to any applicant who has been certified as having passed an examination for registration a certificate. [Formerly 672.120]

 

      672.159 Numbering and recording of certificates. Each certificate issued by the State Board of Examiners for Engineering and Land Surveying shall be numbered. A record of each certificate issued, and the number, shall be entered in the records of the board. [Formerly 672.110]

 

      672.160 Expiration date of certificates. (1) Except as provided by subsection (2) of this section, all certificates expire one year after the date of their issue or renewal and become invalid on that date unless renewed. The State Board of Examiners for Engineering and Land Surveying may vary the dates of certificate renewal by giving to the applicant written notice of the renewal date being assigned and by making prorated adjustments in the renewal fee.

      (2) The board may vary periods of certificate renewal or periods for registration to provide for renewal and payment of fees either every year or every two years. If the board changes the renewal period it will provide written notice to certificate holders and registrants. [Amended by 1959 c.336 §12; 1971 c.751 §15; 1975 c.429 §11; 1977 c.873 §4; 1979 c.495 §3; 1995 c.33 §4; 1999 c.59 §200]

 

      672.170 Renewal of certificate; increased fees for delinquent renewal. (1) Renewal of a certificate may be effected at any time prior to the renewal date by paying the required renewal fee to the secretary of the State Board of Examiners for Engineering and Land Surveying.

      (2) Subject to subsection (4) of this section, the failure of a registrant to renew the certificate before the renewal date does not deprive the registrant of the right of renewal thereafter.

      (3) The amount to be paid for the renewal of a certificate after the renewal date shall be the renewal fee plus a late-payment charge.

      (4) No certificate shall be renewed that has been delinquent for more than five years. [Amended by 1967 c.401 §5; 1971 c.751 §16; 1973 c.832 §36; 1975 c.429 §12; 1995 c.33 §5; 1997 c.643 §20]

 

      672.180 Exemption from fees for retired engineer or surveyor age 65 or over. A registered professional engineer or a registered professional land surveyor who has reached the age of 65 years and has retired from the active practice of engineering or land surveying may, upon application and at the discretion of the State Board of Examiners for Engineering and Land Surveying, be exempted from payment of annual renewal fees thereafter. [Amended by 1971 c.751 §17]

 

      672.190 Replacement of certificate; fee. A new certificate to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules and regulations of the State Board of Examiners for Engineering and Land Surveying, upon payment of the required fee. [Amended by 1971 c.751 §20]

 

(Discipline)

 

      672.200 Grounds for suspension or revocation of certificate or permit or refusal to issue, restore or renew certificate or permit; grounds for reprimand. The State Board of Examiners for Engineering and Land Surveying may refuse to issue, restore or renew, or may suspend or revoke a certificate or permit, or reprimand any person enrolled as an intern or holding a certificate or permit:

      (1) For violation of any provision of ORS 672.045;

      (2) For gross negligence, negligence or incompetence in the practice of engineering or land surveying;

      (3) For conviction of a felony, or of a misdemeanor involving the practice of engineering or the practice of land surveying; or

      (4) For any violation of the rules of professional conduct prescribed by the board. [Amended by 1971 c.751 §21; 1981 c.143 §9; 1991 c.221 §3; 1995 c.33 §6]

 

      672.205 Disciplinary hearings; judicial review. (1) The State Board of Examiners for Engineering and Land Surveying shall accord opportunity for hearing as provided in ORS chapter 183, when the board proposes to:

      (a) Refuse to issue or renew a certificate of registration or enrollment;

      (b) Revoke or suspend a certificate of registration or enrollment;

      (c) Issue a reprimand; or

      (d) Impose a civil penalty under ORS 672.325.

      (2) Judicial review of orders under subsection (1) of this section shall be in accordance with ORS chapter 183.

      (3) Any person aggrieved by a decision of the board under ORS 672.200 or 672.210 is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS chapter 183. [1971 c.734 §111; 1981 c.143 §10; 1995 c.33 §7; 1997 c.210 §7]

 

      672.210 Procedure for suspension or revocation of certificate, permit or enrollment; hearing; majority of board members required to take action; reinstatement. (1) Proceedings for the suspension or revocation of a certificate, an enrollment or a permit may be initiated by filing with the State Board of Examiners for Engineering and Land Surveying written charges against the accused. The charges may be preferred by any person, or by the board on its own motion.

      (2) The board shall fix a time and place for a hearing on the charges and cause notice thereof with a copy of the charges to be delivered to the accused in person or mailed to the last-known address of the accused. The notice shall be so delivered or mailed at least 30 days before the date fixed for the hearing.

      (3) At a hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in a defense. If the accused does not appear, the board may proceed to hear and determine the validity of the charges.

      (4) After a hearing, the board may, if a majority of the members of the board agree, reprimand the accused, or suspend, refuse to renew or revoke the permit, enrollment or certificate of the accused.

      (5) The power of the board to suspend a certificate, enrollment or permit includes the power to reinstate:

      (a) At a time certain; or

      (b) When the person subject to suspension fulfills conditions for reinstatement set by the board. [Amended by 1971 c.751 §22; 1979 c.681 §3; 1981 c.143 §11; 1995 c.33 §8]

 

      672.215 Proceedings to enjoin violations of ORS 672.002 to 672.325. If the State Board of Examiners for Engineering and Land Surveying decides that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 672.002 to 672.325, the board may institute a proceedings in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages but if issued, the defendant is not thereby relieved of any criminal liability. [1971 c.751 §23; 1981 c.143 §12]

 

      672.220 [Repealed by 1971 c.734 §21 and 1971 c.751 §39]

 

      672.230 [Repealed by 1971 c.751 §39]

 

(State Board)

 

      672.240 State Board of Examiners for Engineering and Land Surveying; appointment; qualifications; officers. (1) The State Board of Examiners for Engineering and Land Surveying shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 672.002 to 672.325. The board shall consist of 11 members appointed by the Governor as follows:

      (a) Two members shall be members of the general public.

      (b) Two members shall be registered professional land surveyors.

      (c) Six members shall be registered professional engineers.

      (d) One member shall be registered both as a registered professional engineer and as a registered professional land surveyor. However, if a qualified person is not available, the Governor may appoint either an engineer or a surveyor.

      (2) The Governor shall appoint members to the board so that there is at least one member of the board from each congressional district in this state.

      (3) Each engineer and land surveyor member of the board shall have been:

      (a) A resident of this state for at least three years immediately preceding appointment; and

      (b) Practicing as a registered professional engineer or as a registered professional land surveyor for at least five years since the date of the person’s initial registration.

      (4) The board shall elect biennially from among its members a president and vice president for the ensuing biennial term. [Amended by 1955 c.215 §1; 1963 c.580 §32; 1969 c.314 §75; 1971 c.751 §24; 1971 c.753 §28; subsection (3) enacted as 1971 c.751 §26(1); 1979 c.147 §1; 1981 c.143 §13; 1987 c.414 §47; 1997 c.210 §8; 1997 c.643 §21; 1999 c.1084 §61]

 

      672.250 Term; certificate of appointment; oath; removal; vacancies. (1) Upon the expiration of the term of any board member, the Governor shall appoint a person possessing the qualifications prescribed by ORS 672.240 as a member of the State Board of Examiners for Engineering and Land Surveying to serve for a term of four years from July 1.

      (2) Every member of the board shall receive a certificate of appointment from the Governor and before beginning the term shall file with the Secretary of State the constitutional oath of office.

      (3) The Governor:

      (a) May remove any member of the board for misconduct, incapacity or neglect of duty.

      (b) By appointment for the unexpired term, shall fill any vacancy caused by death, resignation or removal from office. [Amended by 1963 c.580 §33; 1971 c.751 §25; 1979 c.147 §2; 1981 c.143 §14]

 

      672.255 Rulemaking authority. (1) The State Board of Examiners for Engineering and Land Surveying shall adopt rules:

      (a) Establishing fees as provided in ORS 672.155.

      (b) Providing a procedure for the issuance, denial, suspension or revocation of certificates, enrollments and permits.

      (c) Prescribing standards of professional conduct for professional engineers, professional land surveyors, photogrammetrists, engineering interns and land surveying interns.

      (d) Specifying branches of engineering and land surveying in which examinations are offered.

      (e) For registering individuals and issuing certificates of registration and temporary permits to individuals under ORS 672.002 to 672.325.

      (f) Prescribing standards and intellectual, educational and technical qualifications for examination and certificate renewal in addition to the qualifications and conditions prescribed in ORS 672.105, 672.118, 672.123 and 672.170.

      (g) Prescribing standards and guidelines for retired or inactive status of registrants, including provisions to allow the return to active status.

      (h) Defining the scope of practice for persons holding a certificate issued by the board to practice land surveying or a certificate or temporary permit issued by the board to perform photogrammetric mapping.

      (2) In adopting rules under subsection (1)(c) to (h) of this section, the board shall give consideration to national practices as well as local practices. Adoption of rules shall be in accordance with ORS chapter 183. [1971 c.751 §32; 1975 c.429 §12a; 1979 c.495 §4; 1981 c.556 §1; 1991 c.221 §5; 1995 c.68 §§1,12; 1997 c.210 §9; 2005 c.445 §10]

 

      672.260 [Amended by 1971 c.751 §27; repealed by 1971 c.753 §74]

 

      672.265 [1971 c.751 §33; 1973 c.832 §37; repealed by 1975 c.429 §13]

 

      672.270 [Repealed by 1971 c.753 §74]

 

      672.280 [Repealed by 1971 c.751 §39]

 

      672.290 [Amended by 1971 c.751 §29; repealed by 1971 c.753 §74]

 

      672.300 Investigation of complaints. The State Board of Examiners for Engineering and Land Surveying shall carefully investigate any complaints or information relating to violations of ORS 672.002 to 672.325. [Amended by 1971 c.753 §29; 1981 c.143 §15]

 

      672.310 Investigation of identity of person claiming to be registered. The State Board of Examiners for Engineering and Land Surveying may inquire into the identity of any person claiming to be a registered professional engineer or a registered professional land surveyor and, after due service of a notice in writing, require the person to prove to the satisfaction of the board that the person is the person authorized to practice engineering or land surveying, as the case may be, under the certificate of registration by virtue of which the person claims to be such a professional. When the board finds that a person making such a claim is not in fact the person to whom the certificate of registration was issued, it shall reduce its findings to writing and file them in its office. The findings are prima facie evidence that the person mentioned therein is falsely impersonating another of a like or different name. [Amended by 1971 c.751 §30]