Section .0900 ‑ Business Entities: General

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 56 - engineers and surveyors/21 ncac 56 .0901.html
Published: 2015

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SECTION .0900 ‑ BUSINESS entities: GENERAL

 

21 NCAC 56 .0901             OFFICES

(a)  Professional Engineering Services.  Every firm,

partnership, corporation or limited liability company that performs or offers

to perform engineering services in the State of North Carolina shall have a

resident Professional Engineer in responsible charge in each separate office

located in North Carolina where professional engineering services are performed

or offered to be performed.  Out-of-state office locations where engineering

services are performed or offered to be performed for North Carolina projects

shall have Professional Engineers in responsible charge of only the specific

projects in compliance with Rule .0701(c)(3) of this Chapter.

(b)  Land Surveying Services.  Every firm, partnership,

corporation or limited liability company that performs or offers to perform

land surveying services in the State of North Carolina shall have a resident

Professional Land Surveyor in responsible charge in each separate office

located in North Carolina where land surveying services are performed or

offered to be performed.  Out-of-state office locations where surveying

services are performed or offered to be performed for North Carolina projects

are only required to have Professional Land Surveyors in responsible charge of

the specific projects in compliance with Rule .0701(c)(3) of this Chapter.

(c)  Resident.  The terms "resident Professional

Engineer" or "resident Professional Land Surveyor" as used in

this Rule, means a licensee who spends a majority of the licensee's normal

working time in that office.  Such time shall not be less than a majority of

the operating hours of the business.  A Professional Engineer or Professional

Land Surveyor shall be the resident licensee at only one place of business at

one time unless each business is at least one-third owned by the resident

professional. This arrangement shall be specifically approved by the Board

after a determination that the businesses are integrated in operation,

ownership, office location and that the licensee will be in responsible charge

of the professional services.

(d)  No firm, partnership, corporation or limited liability

company shall practice, offer to practice, or market either land surveying or

engineering unless there is a licensed resident for that service in responsible

charge at that office.  Advertisements, signs, letterheads, business cards,

directories, or any other form of representation shall avoid any reference to

any service that cannot be provided under the responsible charge of a properly

qualified resident professional. The licensed entity shall give notice to the

Board of a change of resident professional within 30 days after the change and

shall not practice, offer to practice, or market the professional service

during any period of time without a resident professional.

 

History Note:        Authority G.S. 57D-2-02: 89C‑10;

89C‑24;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2014; August 1, 2002; April 1,

2001; August 1, 1998; May 1, 1994; January 1, 1992; April 1, 1989.