§ 5-8-21 - Exemptions.
SECTION 5-8-21
§ 5-8-21 Exemptions. – This chapter shall not be construed to prevent or to affect:
(i) Nonresidents. The practice or offer to practice ofengineering by a person not a resident of or having no established place ofbusiness in this state, when that practice does not exceed in the aggregatemore than thirty (30) days in any calendar year; provided, the person islegally 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 applicationto the board, in writing, and after payment of a fee set by the board in anamount not to exceed two hundred dollars ($200) may be granted a writtentemporary certificate of registration for a definite period of time to do aspecific job; provided, no right to practice engineering accrues to anapplicant as to any work not prescribed in the temporary certificate.
(ii) Recent arrivals in state. The practice of aperson not a resident of and having no established place of business in thisstate, or who has recently become a resident of the state, practicing oroffering to practice engineering in the state for more than thirty (30) days inany calendar year, if he or she has filed with the board an application for acertificate of registration and has paid the fee required by this chapter;provided, that the person is legally qualified by registration to practiceengineering in his or her own state or country. That practice shall continueonly for the time that the board requires for the consideration of theapplication for registration.
(2) Employees and subordinates. The work of anemployee or a subordinate of a person holding a certificate of registrationunder this chapter, or an employee of a person practicing lawfully underparagraph (1)(ii) of this section; provided, that work does not include finalengineering designs or decisions and is done under the direct supervision of orchecked by a person holding a certificate of registration under this chapter ora person practicing lawfully under subdivision (1) of this section.
(3) Partnership, limited liability partnership, corporateand limited liability company practice. The practice or offer to practiceof engineering as defined by this chapter by individual registered professionalengineers through a partnership, limited liability partnership, corporation,joint stock company, or limited liability company, or by a partnership, limitedliability partnership, corporation, limited liability company, or joint stockcompany, through individual registered professional engineers as agents,employees, officers, or partners or members or managers, provided, that theyare jointly and severally liable for their professional acts; and provided,that all personnel of that partnership, limited liability partnership, jointstock company, corporation or limited liability company who act in its behalfas engineers in the state are registered under this chapter or are personspracticing 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 isjointly and severally liable with the individually registered professionalengineers, and all final plans, designs, drawings, specifications, and reportsinvolving engineering judgment and discretion, when issued, shall be dated andbear the seals and signatures of the engineers who prepared them.
(4) Federal employees. The practice by officers andemployees of the government of the United States while engaged within thisstate in the practice of engineering for that government; provided, that noright to practice engineering accrues to those persons as to any otherengineering work. The rights to registration after leaving governmentemployment shall not be granted except under the provisions established under§ 5-8-11.
(5) Railroad, telephone, telegraph, and other publicutility companies. The practice of engineering, as prescribed in thischapter, by railroad, telephone, telegraph, and other public utility companies,and their officers and employees while engaged in the work of those companiesin this state; provided, that the practice is carried on under the responsiblecharge of an engineer or engineers in this state, or in any other state underrequirements equivalent to those prescribed in this chapter; and provided, thatno right to practice engineering accrues to any unregistered person as to anyother engineering work.
(6) Manufacturing corporations. The practice ofengineering, as prescribed in this chapter, by manufacturing corporations, andtheir officers and employees while engaged in manufacturing, research anddevelopment activities for those corporations.
(7) Research and development corporations. Thepractice of engineering, as prescribed in this chapter, by research anddevelopment corporations, and their officers and employees while engaged inresearch and development activities for that corporation.
(8) Other professions. The practice of architecture,landscape architecture, or land surveying.