2005 Vermont Code - § 1163. — Exemptions

§ 1163. Exemptions

(a) Persons exempt. Section 1162 of this title does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:

(1) An officer or employee of the federal government.

(2) An officer or a full-time employee of the state.

(3) An officer or full-time employee of a municipality.

(4) Certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the secretary of the agency of natural resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under chapter 64 of Title 10.

(5) An officer or employee of a corporation engaged in interstate commerce as defined in the act of Congress entitled "An Act to Regulate Commerce" approved February 4, 1887, as amended.

(6) An officer or employee of a corporation in interstate communications as defined in the act of Congress entitled "Communications Act of 1934" or of a telephone company under the supervision and regulation of the department of public service.

(7) An employee of a professional engineer.

(8) Students of engineering acting under the supervision of a professional engineer.

Subsection (b) effective until July 1, 2007; see also subsection (b) set out below.

(b) Other professions. Section 1162 does not prohibit acts constituting the practice of any other legally recognized profession or occupation, including the activity of site technicians licensed by the agency of natural resources.

Subsection (b) effective July 1, 2007; see also subsection (b) above.

(b) Other professions. Section 1162 of this title does not prohibit acts constituting the practice of any other legally recognized profession or occupation.

(c) Purposes exempt. Section 1162 does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:

(1) Designing or fabricating a manufactured product.

(2) Designing or constructing a building which is not a public building as defined in Title 18.

(3) Designing or constructing a building which contains only one, two or three dwelling units, or accessory outbuildings.

(4) Construction of public works by a municipality.

(5) Designing or constructing recreational trails and trail-related structures by a not-for-profit organization whose trails have been recognized by the agency of natural resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the state of Vermont, but in no event in an amount that is less than $100,000.00.

(d) [Repealed.]

(e) Temporary practice. Section 1162 does not prohibit a person who has become a resident of this state within the preceding six months from performing acts constituting the practice of engineering, provided that:

(1) the person has filed an application for a license under this chapter; and

(2) the person is licensed or registered as a professional engineer in another state which, in the opinion of the board, has licensing standards substantially equivalent to those applicable under this chapter. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1991, No. 167 (Adj. Sess.), § 66(8); 1995, No. 175 (Adj. Sess.), § 1; 2001, No. 133 (Adj. Sess.), §§ 10, 11, eff. June 13, 2002.)