§ 5-8.1-13 - Board of registration for professional land surveyors – Permitted practices.
SECTION 5-8.1-13
§ 5-8.1-13 Board of registration forprofessional land surveyors – Permitted practices. – (a) Exemption clause. This chapter shall not be construed to prevent orto affect:
(1) Employees and subordinates. The work of anemployee or subordinate of a person holding a certificate of registration underthis chapter; provided, that the work does not include final land surveyingwork or decisions and is done under the direct supervision of, or checked by, aperson holding a certificate of registration issued under this chapter.
(2) Federal employees. The practice by officers andemployees of the government of the United States while engaged within thisstate in the practice of land surveying for the government on property owned bythe federal government; provided, that no right to practice land surveyingaccrues to those persons as to any other land surveying work. The right toregistration after government employment shall not be granted except under theprovisions prescribed under § 5-8.1-11.
(3) Other professions. The practice of engineering,architecture, or landscape architecture.
(1) The practice or offer to practice land surveying asdefined by this chapter by sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company, subsequently referred toas the "firm", through individuals is permitted; provided, that the individualsare in direct control of that practice; exercise personal supervision of allpersonnel who act in behalf of the firm in professional and technical matters;and are registered under the provisions of this chapter; and provided, that thefirm has been issued a certificate of authorization by the board of landsurveyors.
(2) Within one year after the enactment of this chapter[July 12, 1990], every firm must obtain a certificate ofauthorization from the board and those individuals in direct control of thepractice and who exercise direct supervision of all personnel who act in behalfof the firm in professional and technical matters must be registered with theboard. The certificate of authorization shall be issued by the board uponsatisfaction of the provisions of this chapter and the payment of an annual feenot to exceed sixty dollars ($60).
(3) It is the intent of the board of registration toestablish that the professional land surveyor is responsible for land surveyingservices.
(4) Every firm desiring a certificate of authorization mustfile with the board an application for the certificate on a form provided bythe board. A separate form provided by the board shall be filed with eachrenewal of the certificate of authorization and within thirty (30) days of thetime any information previously filed with the board has changed, is no longertrue or valid, or has been revised for any reason. If, in its judgment, theinformation contained on the application and renewal form is satisfactory andcomplete, the board shall issue a certificate of authorization for the firm topractice land surveying in this state.
(5) No firm that has been granted a certificate ofauthorization by the board of land surveyors is relieved of responsibility forthe conduct or acts of its agents, employees, partners (if a partnership or alimited liability partnership), officers or directors (if a corporation), ormembers or managers (if a limited liability company) because of its compliancewith the provisions of this section. No individual practicing land surveyingunder the provisions of this chapter is relieved of responsibility for landsurveying services performed by reason of his or her employment or otherrelationship with a firm holding a certificate of authorization as subsequentlydescribed. In the event of unexpected death, retirement, dismissal or any otheroccasion where an entity has one person who is a registered land surveyor, andthat person no longer can continue in the operation of the entity, then theboard of registration may waive certain requirements for a certificate ofauthorization, for a period of not longer than forty-five (45) days, providedthat the entity retains a person who is a registered professional land surveyorto review and pursue the duties of surveying that are required under thischapter.
(6) A land surveyor may not, for the purposes of thissection, be designated as being in responsible charge on more than two (2)certificates of authorization.
(7) Certificates of authorization shall be treated for allpurposes hereunder, including, but not limited to, renewal, expiration andlapsing, as previously provided for certificates of registration in section5-8.1-10; provided, however, that renewal may be effected at any time prior toor during the month of June of each even-numbered year (meaning biennially)commencing in year 2004.
(8) Limited liability partnerships, corporations and limitedliability companies shall submit a copy of their articles of incorporation,articles of organization or certificate of registration in order to obtain acertificate of authorization from the board of land surveyors.
(9) Corporations other than those organized under chapter 5.1of title 7, partnerships and sole proprietorships practicing in this stateprior to July 12, 1990, shall fully comply with the provisions of this sectionwithin one year of that date.
(10) Effective one year from July 1, 1990, the secretary ofstate shall not issue a certificate of incorporation or certificate oforganization or certificate of registration to any applicant, or a registrationas a foreign corporation, limited liability partnership or limited liabilitycompany, to any firm, which includes among the objectives for which it is beingestablished any of the words "surveyor", "surveying" or any modification orderivation of those words, unless the board of land surveyors has issued forthe applicant a certificate of authorization or a letter indicating theeligibility of the applicant to receive the certificate. The firm applyingshall supply the certificate or letter from the board with its application forincorporation or registration as a foreign corporation, limited liabilitypartnership or limited liability company.
(c) Land surveyor previously registered. Each landsurveyor holding a certificate of registration and each landsurveyor-in-training under the laws of this state as previously in effect shallbe deemed registered as a land surveyor or land surveyor-in-training asappropriate under this chapter.
(d) This section does not exempt the political subdivisionsof the state, such as county, city, or town, or legally constituted boards,districts, or commissions, from obtaining a certificate of authorization fromthe board of registration when applicable.