322.010 Definitions for chapter.
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/ky/chapter-322/322-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context requires otherwise:
(1)"Board" means the State Board of Licensure for Professional Engineers and Land
Surveyors;
(2)"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;
(3)"Professional engineer" means a person who is licensed as a professional engineer
by the board;
(4)"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. Engineering design and engineering work associated with
design/build projects;
b. Engineering works and systems which involve earth materials,
water or other liquids, and gases;
c. Planning the use of land, air, and waters; and
d. Performing engineering surveys and studies;
2. 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;
3. 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;
4. 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)"Practice of engineering" means the performance of any professional service
included in subsection (4)(a) of this section;
(6)"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;
(7)"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;
(8)"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. 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;
2. 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.