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322.010 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(1) "Board" means the State Board of Licensure for Professional Engineers and
Land Surveyors;
(2) "Engineer" means a person who is qualified to engage in the practice of
professional engineering by reason of special knowledge and use of:
(a) The mathematical, physical, and engineering sciences; and
(b) The principles and methods of engineering analysis and design, acquired
by engineering education and practical engineering experience;
(3) "Professional engineer" means a person who is licensed as a professional
engineer by the board;
(4) "Engineering" means any professional service or creative work, the adequate
performance of which requires engineering education, training, and experience
as an engineer.
(a) "Engineering" shall include:
1.
Consultation, investigation, evaluation, planning, certification, and
design of engineering works and systems;
a.
Engineering design and engineering work associated with
design/build projects;
b.
Engineering works and systems which involve earth materials,
water or other liquids, and gases;
c.
Planning the use of land, air, and waters; and
d.
Performing engineering surveys and studies;
2.
The review of construction for the purpose of assuring compliance
with drawings and specifications; any of which embraces this service
or work, either public or private, in connection with any utilities,
structures, certain buildings, building systems, machines,
equipment, processes, work systems, or projects with which the
public welfare or the safeguarding of life, health, or property is
concerned, when that professional service or work requires the
application of engineering principles and data;
3.
The teaching of engineering design courses in any program
accredited by the Engineering Accreditation Commission of the
Accreditation Board for Engineering and Technology or any
engineering program deemed equivalent by the board;
4.
The negotiation or solicitation of engineering services on any project
in this state, regardless of whether the persons engaged in the
practice of engineering:
a.
Are residents of this state;
b.
Have their principal place of business in this state; or
c.
Are in responsible charge of the engineering services
performed; and
5.
The services of a professional engineer who engages in the practice
of land surveying incident to the practice of engineering that does
not relate to the location or determination of land boundaries.
(b) "Engineering" shall not include the professional services performed by
persons who:
1.
Develop or administer construction project safety programs,
construction safety compliance, construction safety rules or
regulations, or related administrative regulations; or
2.
Only operate or maintain machinery or equipment;
(5) "Practice of engineering" means the performance of any professional service
included in subsection (4)(a) of this section;
(6) "Engineer in training" means a person who has passed the Fundamentals of
Engineering Examination and is otherwise qualified to earn experience toward
licensure as a professional engineer;
(7) "Responsible charge of engineering" means direct control and personal
supervision of engineering, or teaching experience with the rank equivalent to
assistant professor or higher in a board-approved engineering program;
(8) "Land surveyor" means a person who is qualified to engage in the practice of
land surveying by reason of special knowledge and use of mathematics, the
physical and applied sciences, and the principles and methods of land
surveying, acquired by education and practical experience in land surveying;
(9) "Professional land surveyor" means a person who is licensed as a professional
land surveyor by the board;
(10) "Land surveying" means any professional service or work, the adequate
performance of which requires the education, training, and experience as a
land surveyor.
(a) "Land surveying" shall include but not be limited to the following:
1.
Measuring and locating, establishing, or reestablishing lines, angles,
elevations, natural and man-made features in the air, on the surface
and immediate subsurface of the earth, within underground
workings, and on the beds or surfaces of bodies of water involving
the:
a.
Determination or establishment of the facts of size, shape,
topography, and acreage;
b.
Establishment of photogrammetric and geodetic control that is
published and used for the determination, monumentation, or
description of property boundaries;
c.
Subdivision, division, and consolidation of lands;
d.
Measurement
of
existing
improvements,
including
condominiums, after construction and the preparation of plans
depicting existing improvements, if the improvements are
shown in relation to property boundaries;
e.
Layout of proposed improvements, if those improvements are
to be referenced to property boundaries;
f.
Preparation of subdivision record plats;
g.
Determination of existing grades and elevations of roads and
(11)
(12)
(13)
(14)
(15)
land;
h.
Creation and perpetuation of alignments related to maps,
record plats, field note records, reports, property descriptions,
and plans and drawings that represent them; and
i.
Certification of documents;
2.
The negotiation or solicitation of land surveying services on any
project in this state, regardless of whether the persons engaged in
the practice of land surveying:
a.
Are residents of this state;
b.
Have their principal office or place of business in this state; or
c.
Are in responsible charge of the land surveying services or
work performed; and
3.
The preparation of survey descriptions for use in legal instruments
affecting real property or property rights. "Land surveying" does not
include the preparation of a physical description that identifies and
describes the tract, parcel, or lot by reference to the tract, parcel, lot,
block, or unit number of any subdivision, or other summary identifier
appearing on a properly recorded plat of record, or by reference to a
deed of record.
(b) "Land surveying" shall not include:
1.
The measurement of crops or agricultural land area under any
agricultural program sponsored by an agency of the federal
government or the state of Kentucky;
2.
The services of a professional engineer who engages in the practice
of land surveying incident to the practice of engineering, if the land
surveying work does not relate to the location or determination of
land boundaries; or
3.
The design of grades and elevations of roads and land;
"Practice of land surveying" means the performance of any professional
service included in subsection (10)(a) of this section;
"Land surveyor in training" means a person who has passed the Fundamentals
of Land Surveying Examination and is otherwise qualified to earn experience
toward licensure as a professional land surveyor;
"Responsible charge of land surveying" means direct control and personal
supervision of land surveying, or teaching experience with the rank equivalent
to assistant professor or higher in a board-approved land surveying program;
"Business entity" means a corporation, partnership, limited liability company,
limited partnership, or firm;
"Offer to practice" means:
(a) A promise or commitment to engage in any act directly related to
engineering or land surveying;
(b) Undertaking to engage in the practice of engineering or land surveying; or
(c) Any claim, express or implied, by any person representing himself or
herself to be a professional engineer or professional land surveyor;
(16) "Certification" means affixing a seal or stamp, signature, and date by a
professional engineer or professional land surveyor to represent that the
services or work addressed therein was performed by that professional
engineer or professional land surveyor according to his or her knowledge,
information, and belief, and that it was completed in accordance with applicable
standards of practice. "Certification" shall not mean a guaranty or warranty,
either express or implied;
(17) The "Fundamentals of Engineering Examination" means the examination with
that name developed by the National Council of Examiners for Engineering and
Surveying;
(18) The "Fundamentals of Land Surveying Examination" means the examination
with that name developed by the National Council of Examiners for
Engineering and Surveying;
(19) The "Principles and Practice of Engineering Examination" means the
examination with that name developed by the National Council of Examiners
for Engineering and Surveying; and
(20) The "Principles and Practice of Land Surveying Examination" means the
examination with that name developed by the National Council of Examiners
for Engineering and Surveying.
Effective:July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 140, effective July 15,
2010. -- Amended 2008 Ky. Acts ch. 149, sec. 1, effective July 15, 2008. -Amended 2007 Ky. Acts ch. 137, sec. 140, effective June 26, 2007. -- Amended
1998 Ky. Acts ch. 214, sec. 1, effective January 1, 1999. -- Amended 1992 Ky.
Acts ch. 96, sec. 1, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 291,
sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 273, sec. 1,
effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 332, sec. 1, effective July
15, 1980. -- Amended 1974 Ky. Acts ch. 308, sec. 55; and ch. 350, sec. 1. -Amended 1972 Ky. Acts ch. 148, sec. 1. -- Amended 1966 Ky. Acts ch. 68,
sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 1599e-2.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51,
sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this
Act which reflect amendments made to those sections by 2007 Ky. Acts ch. 137
shall be deemed effective as of June 26, 2007, and those provisions are hereby
made expressly retroactive to that date, with the remainder of the text of those
sections being unaffected by the provisions of this section."
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