Chapter 240 |
2019 -- S 0538 SUBSTITUTE A Enacted 07/15/2019 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS - ENGINEERS |
Introduced By: Senators Euer, DiPalma, Murray, Seveney, and Coyne |
Date Introduced: March 14, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 5-8-21 of the General Laws in Chapter 5-8 entitled "Engineers" is |
hereby amended to read as follows: |
5-8-21. Exemptions. |
This chapter shall not be construed to prevent or to affect: |
(1) Temporary certificates of registration. |
(i) Nonresidents. The practice or offer to practice of engineering by a person not a |
resident of or having no established place of business in this state, when that practice does not |
exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is |
legally 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 application to the board, in writing, and after payment of |
a fee set by the board in an amount not to exceed two hundred dollars ($200) may be granted a |
written temporary certificate of registration for a definite period of time to do a specific job; |
provided, no right to practice engineering accrues to an applicant as to any work not prescribed in |
the temporary certificate. |
(ii) Recent arrivals in state. The practice of a person not a resident of and having no |
established place of business in this state, or who has recently become a resident of the state, |
practicing or offering to practice engineering in the state for more than thirty (30) days in any |
calendar year, if he or she has filed with the board an application for a certificate of registration |
and has paid the fee required by this chapter; provided, that the person is legally qualified by |
registration to practice engineering in his or her own state or country. That practice shall continue |
only for the time that the board requires for the consideration of the application for registration. |
(2) Employees and subordinates. The work of an employee or a subordinate of a person |
holding a certificate of registration under this chapter, or an employee of a person practicing |
lawfully under paragraph (1)(ii) of this section; provided, that work does not include final |
engineering designs or decisions and is done under the direct supervision of or checked by a |
person holding a certificate of registration under this chapter or a person practicing lawfully under |
subdivision (1) of this section. |
(3) Partnership, limited-liability partnership, corporate and limited-liability company |
practice. The practice or offer to practice of engineering as defined by this chapter by individual |
registered professional engineers through a partnership, limited-liability partnership, corporation, |
joint stock company, or limited-liability company, or by a partnership, limited-liability |
partnership, corporation, limited-liability company, or joint stock company, through individual |
registered professional engineers as agents, employees, officers, or partners or members or |
managers, provided, that they are jointly and severally liable for their professional acts; and |
provided, that all personnel of that partnership, limited-liability partnership, joint stock company, |
corporation or limited-liability company who act in on its behalf as engineers in the state are |
registered under this chapter or are persons practicing lawfully or are exempt under subdivision |
subsection (1) or (2) or (3) of this section. Each partnership, limited-liability partnership, joint |
stock company, corporation or limited-liability company providing engineering services is jointly |
and severally liable with the individually registered professional engineers, and all final plans, |
designs, drawings, specifications, and reports involving engineering judgment and discretion, |
when issued, shall be dated and bear the seals and signatures of the engineers who prepared them. |
(4) Federal employees. The practice by officers and employees of the government of the |
United States while engaged within this state in the practice of engineering for that government; |
provided, that no right to practice engineering accrues to those persons as to any other |
engineering work. The rights to registration after leaving government employment shall not be |
granted except under the provisions established under § 5-8-11. |
(5) Railroad, telephone, telegraph, and other public utility companies. The practice of |
engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public |
utility companies, and their officers and employees while engaged in the work of those |
companies in this state; provided, that the practice is carried on under the responsible charge of an |
engineer or engineers in this state, or in any other state under requirements equivalent to those |
prescribed in this chapter; provided that all plans for natural gas infrastructure, including, but not |
limited to, repairs, maintenance, and construction, shall be built in accordance with design plans |
and specifications approved by a Rhode Island registered professional engineer when the work |
could pose a material risk to public safety; and provided, that no right to practice engineering |
accrues to any unregistered person as to any other engineering work. |
(6) Manufacturing corporations. The practice of engineering, as prescribed in this |
chapter, by manufacturing corporations, and their officers and employees while engaged in |
manufacturing, and research and development activities for those corporations. |
(7) Research and development corporations. The practice of engineering, as prescribed in |
this chapter, by research and development corporations, and their officers and employees while |
engaged in research and development activities for that corporation. |
(8) Other professions. The practice of architecture, landscape architecture, or land |
surveying. |
SECTION 2. This act shall take effect upon passage. |
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LC001875/SUB A |
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