322.010 Definitions for chapter. As used in this chapter, unless the context requires otherwise: (1) (2) (3) (4) "Board" means the State Board of Licensure for Professional Engineers and Land Surveyors; "Engineer" means a person who is qualified to engage in the practice of professional engineering by reason of special knowledge and use of: (a) The mathematical, physical, and engineering sciences; and (b) The principles and methods of engineering analysis and design, acquired by engineering education and practical engineering experience; "Professional engineer" means a person who is licensed as a professional engineer by the board; "Engineering" means any professional service or creative work, the adequate performance of which requires engineering education, training, and experience as an engineer. (a) "Engineering" shall include: 1. Consultation, investigation, evaluation, planning, certification, and design of engineering works and systems; a. b. c. d. Engineering design and engineering work associated with design/build projects; Engineering works and systems which involve earth materials, water or other liquids, and gases; Planning the use of land, air, and waters; and Performing engineering surveys and studies; 2. 3. 4. The review of construction for the purpose of assuring compliance with drawings and specifications; any of which embraces this service or work, either public or private, in connection with any utilities, structures, certain buildings, building systems, machines, equipment, processes, work systems, or projects with which the public welfare or the safeguarding of life, health, or property is concerned, when that professional service or work requires the application of engineering principles and data; The teaching of engineering design courses in any program accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology or any engineering program deemed equivalent by the board; The negotiation or solicitation of engineering services on any project in this state, regardless of whether the persons engaged in the practice of engineering: a. Are residents of this state; b. Have their principal place of business in this state; or c. Are in responsible charge of the engineering services performed; and 5. The services of a professional engineer who engages in the practice of land surveying incident to the practice of engineering that does not relate to the location or determination of land boundaries. (b) "Engineering" shall not include the professional services performed by persons who: 1. Develop or administer construction project safety programs, construction safety compliance, construction safety rules or regulations, or related administrative regulations; or 2. Only operate or maintain machinery or equipment; (5) (6) (7) (8) "Practice of engineering" means the performance of any professional service included in subsection (4)(a) of this section; "Engineer in training" means a person who has passed the Fundamentals of Engineering Examination and is otherwise qualified to earn experience toward licensure as a professional engineer; "Responsible charge of engineering" means direct control and personal supervision of engineering, or teaching experience with the rank equivalent to assistant professor or higher in a board-approved engineering program; "Land surveyor" means a person who is qualified to engage in the practice of land surveying by reason of special knowledge and use of mathematics, the physical and applied sciences, and the principles and methods of land surveying, acquired by education and practical experience in land surveying; (9) "Professional land surveyor" means a person who is licensed as a professional land surveyor by the board; (10) "Land surveying" means any professional service or work, the adequate performance of which requires the education, training, and experience as a land surveyor. (a) "Land surveying" shall include but not be limited to the following: 1. Measuring and locating, establishing, or reestablishing lines, angles, elevations, natural and man-made features in the air, on the surface and immediate subsurface of the earth, within underground workings, and on the beds or surfaces of bodies of water involving the: a. Determination or establishment of the facts of size, shape, topography, and acreage; b. Establishment of photogrammetric and geodetic control that is published and used for the determination, monumentation, or description of property boundaries; c. Subdivision, division, and consolidation of lands; d. Measurement of existing improvements, including condominiums, after construction and the preparation of plans depicting existing improvements, if the improvements are shown in relation to property boundaries; e. Layout of proposed improvements, if those improvements are to be referenced to property boundaries; f. Preparation of subdivision record plats; g. Determination of existing grades and elevations of roads and land; h. Creation and perpetuation of alignments related to maps, record plats, field note records, reports, property descriptions, and plans and drawings that represent them; and i. Certification of documents; 2. The negotiation or solicitation of land surveying services on any project in this state, regardless of whether the persons engaged in the practice of land surveying: a. Are residents of this state; b. Have their principal office or place of business in this state; or c. Are in responsible charge of the land surveying services or work performed; and 3. The preparation of survey descriptions for use in legal instruments affecting real property or property rights. "Land surveying" does not include the preparation of a physical description that identifies and describes the tract, parcel, or lot by reference to the tract, parcel, lot, block, or unit number of any subdivision, or other summary identifier appearing on a properly recorded plat of record, or by reference to a deed of record. (b) "Land surveying" shall not include: 1. 2. The measurement of crops or agricultural land area under any agricultural program sponsored by an agency of the federal government or the state of Kentucky; The services of a professional engineer who engages in the practice of land surveying incident to the practice of engineering, if the land surveying work does not relate to the location or determination of land boundaries; or 3. The design of grades and elevations of roads and land; (11) "Practice of land surveying" means the performance of any professional service included in subsection (10)(a) of this section; (12) "Land surveyor in training" means a person who has passed the Fundamentals of Land Surveying Examination and is otherwise qualified to earn experience toward licensure as a professional land surveyor; (13) "Responsible charge of land surveying" means direct control and personal supervision of land surveying, or teaching experience with the rank equivalent to assistant professor or higher in a board-approved land surveying program; (14) "Business entity" means a corporation, partnership, limited liability company, limited partnership, or firm; (15) "Offer to practice" means: (a) A promise or commitment to engage in any act directly related to engineering or land surveying; (b) Undertaking to engage in the practice of engineering or land surveying; or (c) Any claim, express or implied, by any person representing himself or herself to be a professional engineer or professional land surveyor; (16) "Certification" means affixing a seal or stamp, signature, and date by a professional engineer or professional land surveyor to represent that the services or work addressed therein was performed by that professional engineer or professional land surveyor according to his or her knowledge, information, and belief, and that it was completed in accordance with applicable standards of practice. "Certification" shall not mean a guaranty or warranty, either express or implied; (17) The "Fundamentals of Engineering Examination" means the examination with that name developed by the National Council of Examiners for Engineering and Surveying; (18) The "Fundamentals of Land Surveying Examination" means the examination with that name developed by the National Council of Examiners for Engineering and Surveying; (19) The "Principles and Practice of Engineering Examination" means the examination with that name developed by the National Council of Examiners for Engineering and Surveying; and (20) The "Principles and Practice of Land Surveying Examination" means the examination with that name developed by the National Council of Examiners for Engineering and Surveying. Effective: July 15, 2010 History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 140, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 149, sec. 1, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 137, sec. 140, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 214, sec. 1, effective January 1, 1999. -- Amended 1992 Ky. Acts ch. 96, sec. 1, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 291, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 273, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 332, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 308, sec. 55; and ch. 350, sec. 1. -- Amended 1972 Ky. Acts ch. 148, sec. 1. -- Amended 1966 Ky. Acts ch. 68, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1599e-2. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this Act which reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed effective as of June 26, 2007, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text of those sections being unaffected by the provisions of this section."