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 mayengage in the following acts or practices without being licensed under this chapter:
(a) a person offering to render professional engineering, professional structuralengineering, or professional land surveying services in this state when not licensed under thischapter if the person:
(i) holds a current and valid professional engineer, professional structural engineer, orprofessional land surveyor license issued by a licensing authority recognized by rule by thedivision 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, orprofessional 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 thestate;
(iii) notifies the division in writing of his intent to offer to render professionalengineering, professional structural engineering, or professional land surveying services in thestate; and
(iv) does not provide professional engineering, professional structural engineering, orprofessional land surveying services, or engage in the practice of professional engineering,professional structural engineering, or professional land surveying in this state until licensed todo so;
(b) a person preparing a plan and specification for a one- or two-family residence notexceeding two stories in height;
(c) a person licensed to practice architecture under Title 58, Chapter 3a, ArchitectsLicensing Act, performing architecture acts or incidental engineering or structural engineeringpractices that do not exceed the scope of the education and training of the person performingengineering or structural engineering;
(d) unlicensed employees, subordinates, associates, or drafters of a person licensed underthis chapter while preparing plans, maps, sketches, drawings, documents, specifications, plats,and reports under the supervision of a professional engineer, professional structural engineer, orprofessional land surveyor;
(e) a person preparing a plan or specification for, or supervising the alteration of or repairto, an existing building affecting an area not exceeding 3,000 square feet when structuralelements of a building are not changed, such as foundations, beams, columns, and structuralslabs, joists, bearing walls, and trusses;
(f) an employee of a communications, utility, railroad, mining, petroleum, ormanufacturing company, or an affiliate of such a company, if the professional engineering orprofessional structural engineering work is performed solely in connection with the products orsystems of the company and is not offered directly to the public;
(g) an organization engaged in the practice of professional engineering, structuralengineering, or professional land surveying, provided that:
(i) the organization employs a principal; and
(ii) all individuals employed by the organization, who are engaged in the practice ofprofessional engineering, structural engineering, or land surveying, are licensed or exempt fromlicensure under this chapter; and
(h) a person licensed as a professional engineer, a professional structural engineer, or aprofessional land surveyor in a state other than Utah serving as an expert witness, provided theexpert testimony meets one of the following:
(i) oral testimony as an expert witness in an administrative, civil, or criminal proceedingis not part of the practice of the respective professions for which a license is required; or
(ii) written documentation included as part of the testimony in a preceding, includingdesigns, studies, plans, specifications, or similar documentation, is not part of the practice of therespective professions for which a license is required provided that the purpose of the writtendocumentation is not to establish specifications, plans, designs, processes, or standards to be usedin the future in any industrial process, system, construction, designs, or repairs.
(2) Nothing in this section shall be construed to restrict a draftsman from preparing plansfor a client under the exemption provided in Subsection (1)(b) or taking those plans to aprofessional engineer for his review, approval, and subsequent fixing of the engineer's seal to thatset of plans if they meet the building code standards.
Amended by Chapter 277, 2008 General Session