TITLE 5
Businesses and Professions
CHAPTER 5-8
Engineers
SECTION 5-8-21
§ 5-8-21 Exemptions.
This chapter shall not be construed to prevent or to affect:
(1) Temporary certificates of registration.
(i) Nonresidents. The practice or offer to practice of
engineering by a person not a resident of or having no established place of
business in this state, when that practice does not exceed in the aggregate
more than thirty (30) days in any calendar year; provided, the person is
legally qualified by registration to practice engineering, as defined in §
5-8-2(f), in his or her own state or country. The person shall make application
to the board, in writing, and after payment of a fee set by the board in an
amount not to exceed two hundred dollars ($200) may be granted a written
temporary certificate of registration for a definite period of time to do a
specific job; provided, no right to practice engineering accrues to an
applicant as to any work not prescribed in the temporary certificate.
(ii) Recent arrivals in state. The practice of a
person not a resident of and having no established place of business in this
state, or who has recently become a resident of the state, practicing or
offering to practice engineering in the state for more than thirty (30) days in
any calendar year, if he or she has filed with the board an application for a
certificate of registration and has paid the fee required by this chapter;
provided, that the person is legally qualified by registration to practice
engineering in his or her own state or country. That practice shall continue
only for the time that the board requires for the consideration of the
application for registration.
(2) Employees and subordinates. The work of an
employee or a subordinate of a person holding a certificate of registration
under this chapter, or an employee of a person practicing lawfully under
paragraph (1)(ii) of this section; provided, that work does not include final
engineering designs or decisions and is done under the direct supervision of or
checked by a person holding a certificate of registration under this chapter or
a person practicing lawfully under subdivision (1) of this section.
(3) Partnership, limited liability partnership, corporate
and limited liability company practice. The practice or offer to practice
of engineering as defined by this chapter by individual registered professional
engineers through a partnership, limited liability partnership, corporation,
joint stock company, or limited liability company, or by a partnership, limited
liability partnership, corporation, limited liability company, or joint stock
company, through individual registered professional engineers as agents,
employees, officers, or partners or members or managers, provided, that they
are jointly and severally liable for their professional acts; and provided,
that all personnel of that partnership, limited liability partnership, joint
stock company, corporation or limited liability company who act in its behalf
as engineers in the state are registered under this chapter or are persons
practicing lawfully or are exempt under subdivision (2) or (3) of this section.
Each partnership, limited liability partnership, joint stock company,
corporation or limited liability company providing engineering services is
jointly and severally liable with the individually registered professional
engineers, and all final plans, designs, drawings, specifications, and reports
involving engineering judgment and discretion, when issued, shall be dated and
bear the seals and signatures of the engineers who prepared them.
(4) Federal employees. The practice by officers and
employees of the government of the United States while engaged within this
state in the practice of engineering for that government; provided, that no
right to practice engineering accrues to those persons as to any other
engineering work. The rights to registration after leaving government
employment shall not be granted except under the provisions established under
§ 5-8-11.
(5) Railroad, telephone, telegraph, and other public
utility companies. The practice of engineering, as prescribed in this
chapter, by railroad, telephone, telegraph, and other public utility companies,
and their officers and employees while engaged in the work of those companies
in this state; provided, that the practice is carried on under the responsible
charge of an engineer or engineers in this state, or in any other state under
requirements equivalent to those prescribed in this chapter; and provided, that
no right to practice engineering accrues to any unregistered person as to any
other engineering work.
(6) Manufacturing corporations. The practice of
engineering, as prescribed in this chapter, by manufacturing corporations, and
their officers and employees while engaged in manufacturing, research and
development activities for those corporations.
(7) Research and development corporations. The
practice of engineering, as prescribed in this chapter, by research and
development corporations, and their officers and employees while engaged in
research and development activities for that corporation.
(8) Other professions. The practice of architecture,
landscape architecture, or land surveying.
History of Section.
(P.L. 1990, ch. 330, § 2; P.L. 1991, ch. 304, § 1; P.L. 2004, ch. 56,
§ 2; P.L. 2004, ch. 63, § 2; P.L. 2007, ch. 420, § 1.)