2006 Utah Code - 58-22-305 — Exemption from licensure.

     58-22-305.   Exemption from licensure.
     (1) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated limited acts or practices without being licensed under this chapter:
     (a) a person offering to render professional engineering, professional structural engineering, or professional land surveying services in this state when not licensed under this chapter if the person:
     (i) holds a current and valid professional engineer, professional structural engineer, or professional land surveyor license issued by a licensing authority recognized by rule by the division in collaboration with the board;
     (ii) discloses in writing to the potential client the fact that the professional engineer, professional structural engineer, or professional land surveyor:
     (A) is not licensed in the state;
     (B) may not provide professional engineering, professional structural engineering, or professional land surveying services in the state until licensed in the state; and
     (C) that such condition may cause a delay in the ability of the professional engineer, professional structural engineer, or professional land surveyor to provide licensed services in the state;
     (iii) notifies the division in writing of his intent to offer to render professional engineering, professional structural engineering, or professional land surveying services in the state; and
     (iv) does not provide professional engineering, professional structural engineering, or professional land surveying services, or engage in the practice of professional engineering, professional structural engineering, or professional land surveying in this state until licensed to do so;
     (b) a person preparing a plan and specification for a one-, two-, three-, or four-family residence not exceeding two stories in height, exclusive of basement;
     (c) a person licensed to practice architecture under Title 58, Chapter 3a, Architecture Licensing Act, performing architecture acts or incidental engineering or structural engineering practices that do not exceed the scope of the education and training of the person performing engineering or structural engineering;
     (d) unlicensed employees, subordinates, associates, or drafters of a person licensed under this chapter while preparing plans, maps, sketches, drawings, documents, specifications, plats, and reports under the supervision of a professional engineer, professional structural engineer, or professional land surveyor;
     (e) a person preparing a plan or specification for, or supervising the alteration of or repair to, an existing building affecting an area not exceeding 3,000 square feet when structural elements of a building are not changed, such as foundations, beams, columns, and structural slabs, joists, bearing walls, and trusses;
     (f) an employee of a communications, utility, railroad, mining, petroleum, or manufacturing company, or an affiliate of such a company, if the professional engineering or professional structural engineering work is performed solely in connection with the products or systems of the company and is not offered directly to the public; and
     (g) an organization engaged in the practice of professional engineering, structural engineering, or professional land surveying, provided that:
     (i) the organization employs a principal; and

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     (ii) all individuals employed by the organization, who are engaged in the practice of professional engineering, structural engineering, or land surveying, are licensed or exempt from licensure under this chapter.
     (2) Nothing in this section shall be construed to restrict a draftsman from preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those plans to a professional engineer for his review, approval, and subsequent fixing of the engineer's seal to that set of plans if they meet the building code standards.

Repealed and Re-enacted by Chapter 259, 1996 General Session