GSNC

§ 89C-1. Short title.

This Chapter shall be known and may be cited as "The North Carolina Engineering and Land Surveying Act."

History

(1951, c. 1084, s. 1; 1975, c. 681, s. 1.)

Local Modification. - New Hanover: 1983, c. 365.

Editor's Note. - This Chapter is former Chapter 89 as rewritten by Session Laws 1975, c. 681, s. 1, and recodified. Where appropriate, the historical citations to the sections in the former Chapter have been added to corresponding sections in the new Chapter.

Legal Periodicals. - For article, "The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?," see 15 Campbell L. Rev. 223 (1993).

CASE NOTES

Constitutionality of Former Chapter 89. - See State v. Covington, 34 N.C. App. 457, 238 S.E.2d 794 (1977), cert. denied, 294 N.C. 184, 241 S.E.2d 519 (1978).

Chapter Not Admission That Former Guidelines Inadequate. - This Chapter, which redefines "the practice of engineering," cannot be considered an admission by the legislature that the former statute set forth inadequate guidelines. State v. Covington, 34 N.C. App. 457, 238 S.E.2d 794 (1977), cert. denied, 294 N.C. 184, 241 S.E.2d 519 (1978).

Cited in Stark v. N.C. Dep't of Env't & Natural Res., 224 N.C. App. 491, 736 S.E.2d 553 (2012), review denied and cert. dismissed, 366 N.C. 589, 743 S.E.2d 193, 2013 N.C. LEXIS 547 (2013).

Opinions of Attorney General

Preparation of Construction Drawings. - A town may not, under its land use ordinance, require that all construction drawings submitted for approval be prepared and sealed by a licensed professional engineer, to the exclusion of licensed professional architects. Such a restriction would be in excess of the powers granted the town. See opinion of Attorney General to Mr. Michael G. Brough, Carrboro Town Attorney, 59 N.C.A.G. 58 (1989).

§ 89C-2. Declarations; prohibitions.

In order to safeguard life, health, and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this State are hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering or land surveying in this State, as defined in the provisions of this Chapter, or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is either a professional engineer or a professional land surveyor, unless the person has been duly licensed. The right to engage in the practice of engineering or land surveying is a personal right, based on the qualifications of the person as evidenced by the person's certificate of licensure, which shall not be transferable.

History

(1921, c. 1, s. 1; C.S., s. 6055(b); 1951, c. 1084, s. 1; 1975, c. 681, s. 1; 1998-118, s. 1.)

Legal Periodicals. - For article, "In Defense of Occupational Licensing: A Legal Practitioner's Perspective,” see 43 Campbell L. Rev. 423 (2021).

CASE NOTES

Legislative Intent. - The Chapter, when read as a whole, makes it clear that the legislature's intent in the "representation," "conveying" and "holding out" provisions of the Chapter was to protect the public from misrepresentations of professional status or expertise. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

This Section and G.S. 89C-23 Must Be Read Together. - G.S. 89C-23, the part of the Chapter prescribing penalties, must be read subject to the basic prohibitory section of the Chapter, this section, which makes it unlawful "to use in connection with his name or otherwise or advertise any title or description tending to convey the impression that he is . . . a professional engineer . . . unless such person has been duly registered as such." North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

This section and G.S. 89C-23 authorize the Board to prohibit only those uses of the title engineer which imply or represent professional engineering status or expertise. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

The mere use of the term "Customer Engineer" on business cards and in a newspaper article does not constitute the offering to practice engineering or the representation of professional engineering status or expertise in violation of this section. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

Trial court erred by relying on G.S. 89C-2 and G.S. 89C-3 to determine the standard of care that a surveying company owed to a general contractor when it marked the location of columns that were installed to support a building; but because the evidence introduced by the contractor supported its claim that the surveying company was negligent, the error was harmless. Associated Indus. Contrs., Inc. v. Fleming Eng'g, Inc., 162 N.C. App. 405, 590 S.E.2d 866 (2004), aff'd, 359 N.C. 296, 608 S.E.2d 757 (2005).

No Specific Standard of Care Created. - Trial court did not abuse the court's discretion in ruling that the method of proof administrators' witness used was not sufficiently reliable as an area for expert testimony because the witness based his opinion solely on a methodology that was previously found to be insufficient to establish the standard of care applicable to professional engineers; G.S. 89C-2 and 89C-3 were analogous to the code of ethics for engineers upon which the witness solely relied to base his expert opinion, but they did not create a specific standard of care for professional engineers. Michael v. Huffman Oil Co., 190 N.C. App. 256, 661 S.E.2d 1 (2008), review denied, 363 N.C. 129, 673 S.E.2d 360 (2009).

This Section Did Not Create Standard of Care. - G.S. 89C-2 did not create a standard of care for surveyors. Lamb v. Styles, 263 N.C. App. 633, 824 S.E.2d 170 (2019).

Board has the Authority to Discipline Licensees Violating the Rule of Professional Conduct. - Decision of the North Carolina Board of Examiners for Engineers and Surveyors to suspend a surveyor's license and to reprimand his surveying company was neither in excess of its statutory authority nor in violation of the law because the Board found that the surveyor did not perform his services in an ethical manner and was not truthful in all of his interactions with a property owner, thus falling short of the professional standards promulgated by the Board., 21 N.C. Admin. Code 56.0701(d)(1) and (g). In re Suttles Surveying, P.A., 227 N.C. App. 70, 742 S.E.2d 574, dismissed and review granted, 367 N.C. 252, 749 S.E.2d 840, 2013 N.C. LEXIS 1150 (2013).

Legislature has expressly endowed the North Carolina Board of Examiners for Engineers and Surveyors with the authority to promulgate rules of professional conduct and to discipline licensees that violate those rules, G.S. 89C-10, 89C-20, 89C-21, and 89C-22; as G.S. 89C-2 makes clear, the Legislature intended its rules on the practice of surveying to protect property interests in North Carolina. In re Suttles Surveying, P.A., 227 N.C. App. 70, 742 S.E.2d 574, dismissed and review granted, 367 N.C. 252, 749 S.E.2d 840, 2013 N.C. LEXIS 1150 (2013).

§ 89C-3. Definitions.

The following definitions apply in this Chapter:

Board. - The North Carolina State Board of Examiners for Engineers and Surveyors provided for by this Chapter.
Business firm. - A partnership, firm, association, or another organization or group that is not a corporation and is acting as a unit.
Engineer. - A person who, by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified to practice engineering.
Engineer intern. - A person who complies with the requirements for education, experience and character, and has passed an examination on the fundamentals of engineering as provided in this Chapter.
Inactive licensee. - A licensee who is not engaged in the practice of engineering or land surveying in this State, but renews his or her license as "inactive" as provided in this Chapter.
Land surveyor intern. - A person who complies with the requirements for education, experience, and character and has passed an examination on the fundamentals of land surveying as provided in this Chapter.
Person. - Any natural person, firm, partnership, corporation or other legal entity.
Practice of engineering. -
1. Any service or creative work, the adequate performance of which requires engineering education, training, and experience, in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land and water, engineering surveys, and the observation of construction for the purposes of assuring compliance with drawings and specifications, including the consultation, investigation, evaluation, planning, and design for either private or public use, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services.
2. The term "practice of engineering" shall not be construed to permit the location, description, establishment or reestablishment of property lines or descriptions of land boundaries for conveyance. The term does not include the assessment of an underground storage tank required by applicable rules at closure or change in service unless there has been a discharge or release of the product from the tank.
Practice of land surveying. -
1. Providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, whether the gathering of information for the providing of these services is accomplished by conventional ground measurements, by aerial photography, by global positioning via satellites, or by a combination of any of these methods, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project. The practice of land surveying includes the following:
  1. Locating, relocating, establishing, laying out, or retracing any property line, easement, or boundary of any tract of land;
  2. Locating, relocating, establishing, or laying out the alignment or elevation of any of the fixed works embraced within the practice of professional engineering;
  3. Making any survey for the subdivision of any tract of land, including the topography, alignment and grades of streets and incidental drainage within the subdivision, and the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys;
  4. Determining, by the use of the principles of land surveying, the position for any survey monument or reference point, or setting, resetting, or replacing any survey monument or reference point;
  5. Determining the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by measuring lines and angles and applying the principles of mathematics or photogrammetry;
  6. Providing geodetic surveying which includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry; and
  7. Creating, preparing, or modifying electronic or computerized data, including land information systems and geographic information systems relative to the performance of the practice of land surveying.
2. The term "practice of land surveying" shall not be construed to permit the design or preparation of specifications for (i) major highways; (ii) wastewater systems; (iii) wastewater or industrial waste treatment works; (iv) pumping or lift stations; (v) water supply, treatment, or distribution systems; (vi) streets or storm sewer systems except as incidental to a subdivision.
Professional engineer. - A person who has been duly licensed as a professional engineer by the Board established by this Chapter.
Professional engineer, retired. - A person who has been duly licensed as a professional engineer by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board after review of record, including any disciplinary action, to be granted the use of the honorific title "Professional Engineer, Retired".
Professional land surveyor. - A person who, by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements which are acquired by education and/or practical experience, is qualified to engage in the practice of land surveying, as attested by the person's licensure as a professional land surveyor by the Board.
Professional land surveyor, retired. - A person who has been duly licensed as a professional land surveyor by the Board and who chooses to relinquish or not to renew a license and who applies to and is approved by the Board after review of record, including any disciplinary action, to be granted the use of the honorific title "Professional Land Surveyor, Retired".
Responsible charge. - Direct control and personal supervision, either of engineering work or of land surveying, as the case may be.

A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this Chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents the person to be a professional engineer, or through the use of some other title implies that the person is a professional engineer or that the person is licensed under this Chapter; or who holds the person out as able to perform, or who does perform any engineering service or work not exempted by this Chapter, or any other service designated by the practitioner which is recognized as engineering.

History

(1951, c. 1084, s. 1; 1953, c. 999, s. 1; 1973, c. 449; 1975, c. 681, s. 1; 1993 (Reg. Sess., 1994), c. 671, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(i); 1998-118, s. 2; 2011-304, s. 1; 2013-98, s. 1.)

Effect of Amendments. - Session Laws 2011-304, s. 1, effective June 26, 2011, in subdivisions (8a) and (9a), inserted "after review of record, including any disciplinary action."

Session Laws 2013-98, s. 1, effective June 12, 2013, made minor stylistic changes in subdivisions (3) and (3a); added "but renews his or her license as 'inactive' as provided in this Chapter" in subsection (3a); and, in subdivision (4), substituted "complies with the requirements for education, experience, and character and has" for "has qualified for, taken, and" and "fundamentals" for "basic disciplines."

CASE NOTES

Use of Word "Engineer" Does Not Represent Professional Engineering Status. - It is clear from the definition in subdivision (8) that the use of the word "engineer" without being modified by "professional," "registered" or "licensed," or some word of like import does not represent that one is "duly registered and licensed by the Board" and therefore cannot represent that one is a professional engineer as that term is defined in subdivision (8). Since such usage does not represent professional engineering status, it cannot constitute the practice of engineering as that term is defined in paragraph (6)a. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

Therefore, such usage is not a violation of those provisions of this section and G.S. 89C-23 which prohibit the practice or offer to practice engineering without proper registration. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

No Specific Standard of Care Created. - Trial court did not abuse the court's discretion in ruling that the method of proof administrators' witness used was not sufficiently reliable as an area for expert testimony because the witness based his opinion solely on a methodology that was previously found to be insufficient to establish the standard of care applicable to professional engineers; G.S. 89C-2 and G.S. 89C-3 were analogous to the code of ethics for engineers upon which the witness solely relied to base his expert opinion, but they did not create a specific standard of care for professional engineers. Michael v. Huffman Oil Co., 190 N.C. App. 256, 661 S.E.2d 1 (2008), review denied, 363 N.C. 129, 673 S.E.2d 360 (2009).

Cited in In re Trulove, 54 N.C. App. 218, 282 S.E.2d 544 (1981).

Opinions of Attorney General

The specific provisions of subdivision (6) of this section should prevail over the more general provisions of G.S. 74C-3(a)(8); to interpret Chapter 74C as requiring licensed professional engineers to obtain a private investigator's license would defeat the intent of subdivision (6), which allows licensed professional engineers to conduct investigations. See opinion of Attorney General to Mr. Montgomery T. Speir, Executive Secretary, State Board of Registration for Professional Engineers and Land Surveyors, 57 N.C.A.G. 47 (Oct. 6, 1987).

The legislature has made it clear that licensed professional engineers need not be licensed as private investigators in order to engage in "investigation and consultation" that is included within the definition of the "practice of engineering" as defined by subdivision (6) of this section. See opinion of Attorney General to Mr. Montgomery T. Speir, Executive Secretary, State Board of Registration for Professional Engineers and Land Surveyors, 57 N.C.A.G. 47 (Oct. 6, 1987).

Street Design and Storm Drainage Systems. - The detailed drawings and accompanying calculations of street design and storm drainage systems, including subsurface systems and component structures, fall within the definition of the practice of engineering and not within the definition of landscape architecture. See opinion of Attorney General to Jerry T. Carter, Executive Director, N.C. Board of Examiners for Engineers and Surveyors, 2001 N.C. AG LEXIS 8 (3/22/2001).

§ 89C-4. State Board of Examiners for Engineers and Surveyors; appointment; terms.

A State Board of Examiners for Engineers and Surveyors, whose duty it is to administer the provisions of this Chapter, is created. The Board shall consist of four licensed professional engineers, three licensed professional land surveyors and two public members, who are neither professional engineers nor professional land surveyors. Of the land surveyor members, one and only one may hold dual licenses as a professional land surveyor and professional engineer. All of the members shall be appointed by the Governor. Appointments of the engineer and land surveyor members shall preferably, but not necessarily, be made from a list of nominees submitted by the professional societies for engineers and land surveyors in this State. Each member of the Board shall receive a certificate of appointment from the Governor and shall file with the Secretary of State a written oath or affirmation for the faithful discharge of the duties.

Members of the Board serve for staggered five-year terms, and no member may be appointed for more than two full terms. Members serve until the expiration of their respective terms and until their respective successors are appointed. If a vacancy occurs during a term, the Governor shall appoint a successor from the same classification as the person causing the vacancy to serve for the remainder of the unexpired term. If the vacancy is not filled within 90 days after it occurs, the Board may appoint a provisional member to serve until the appointment by the Governor becomes effective. The provisional member during his tenure has all the powers and duties of a regular member.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1979, c. 819, s. 1; 1998-118, s. 3.)

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 89C-5. Board members; qualifications.

Each engineer member of the Board shall be a resident of North Carolina and shall be a licensed professional engineer engaged in the lawful practice of engineering in North Carolina for at least six years.

Each land surveyor member of the Board shall be a resident of North Carolina and shall be a licensed professional land surveyor engaged in the lawful practice of land surveying in North Carolina for at least six years.

Each public member of the Board shall be a resident of North Carolina.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1979, c. 819, s. 2; 1989, c. 108; 1998-118, s. 4.)

§ 89C-6. Compensation and expenses of Board members.

Each member of the Board, when attending to the work of the Board or any of its committees, shall receive as compensation for services the per diem and, in addition, shall be reimbursed for travel expenses and incidentals not exceeding the maximum set forth by law. In addition to per diem allowances, travel and incidentals, the secretary of the Board may, with the approval of the Board, receive such reasonable additional compensation as is compatible with the actual hours of work required by the duties of the office.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1998-118, s. 5.)

§ 89C-7. Vacancies; removal of member.

The Governor may remove any member of the Board for misconduct, incompetency, neglect of duty, or any sufficient cause, in the manner prescribed by law for removal of State officials. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in G.S. 89C-4.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1.)

§ 89C-8. Organization of the Board; meetings; election of officers.

The Board shall hold at least two regular meetings each year. Special meetings may be held at such times and upon such notice as the rules and regulations of the Board may provide. The Board shall elect annually from its members a chair, a vice-chair, and a secretary. A quorum of the Board shall consist of not less than five members. The Board shall operate under its rules and regulations supplemented by Robert's Rules of Order.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1998-118, s. 6.)

§ 89C-9. Executive director; duties and liabilities.

The Board shall employ an executive director who is not a member of the Board. The executive director shall be a full-time employee of the Board and perform the duties assigned to the director by the secretary subject to the approval of the Board. The executive director shall receive a salary and compensation fixed by the Board. The executive director shall give a surety bond satisfactory to the Board conditioned upon the faithful performance of the director's duties assigned. The premium on the bond shall be a necessary and proper expense of the Board.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1998-118, s. 7.)

§ 89C-10. Board powers.

The Board may adopt and amend all rules and rules of procedure as may be reasonably necessary for the proper performance of its duties, the regulation of its procedures, meetings, records, the administration of examinations, and the authority to enforce the rules of professional conduct as may be adopted by the Board pursuant to G.S. 89C-20.
The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.
The Board may in the name of the State apply for relief, by injunction, in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this Chapter, or to restrain any violation of the provisions of this Chapter. In proceedings for injunctive relief, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation of the provisions of this Chapter. The members of the Board shall not be personally liable under this proceeding.
The Board may subject an applicant for licensure to any examination necessary to determine the applicant's qualifications.
The Board may issue an appropriate certificate of licensure to any applicant who, in the opinion of the Board, has met the requirements of this Chapter.
It shall be the responsibility and duty of the Board to conduct a regular program of investigation concerning all matters within its jurisdiction under the provisions of this Chapter. The investigation of a licensee is confidential until the Board issues a citation to the licensee. The Board may expend its funds for salaries, fees, and per diem expenses, in connection with its investigations, provided that no funds other than per diem expenses shall be paid to any member of the Board in connection with its investigations, nor may any member of the Board give testimony and later sit in deciding on any matter which may directly involve punitive action for the testimony.
The Board may use its funds to establish and conduct instructional programs for persons who are currently licensed to practice engineering or land surveying, as well as refresher courses for persons interested in obtaining adequate instruction or programs of study to qualify them for licensure to practice engineering or land surveying. The Board may expend its funds for these purposes and may not only conduct, sponsor, and arrange for instructional programs, but also may carry out instructional programs through extension courses or other media. The Board may enter into plans or agreements with community colleges, public or private institutions of higher learning, State and county boards of education, or with the governing authority of any industrial education center for the purpose of planning, scheduling or arranging courses, instruction, extension courses, or in assisting in obtaining courses of study or programs in the field of engineering and land surveying. The Board shall encourage the educational institutions in this State to offer courses necessary to complete the educational requirements of this Chapter. For the purpose of carrying out these objectives, the Board may adopt rules as may be necessary for the educational programs, instruction, extension services, or for entering into plans or contracts with persons or educational and industrial institutions.
The Board may license sponsors of continuing professional competency activities who agree to conduct programs in accordance with standards adopted by the Board. Sponsors shall pay a license fee established by the Board, not to exceed two hundred fifty dollars ($250.00) for licensure under this subsection. The license fee shall accompany the application. Sponsors shall renew their licenses annually on a form provided by the Board.
The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.

The action by the Board in carrying out any of the powers specified in this section shall be binding upon all persons licensed under this Chapter, including corporations and business firms holding certificates of authorization.

History

(1921, c. 1, ss. 3-6; C.S., ss. 6055(d)-6055(g); 1951, c. 1084, s. 1; 1957, c. 1060, s. 1; 1963, c. 843; 1965, c. 940; 1975, c. 681, s. 1; 1985 (Reg. Sess., 1986), c. 977, s. 16; 1993 (Reg. Sess., 1994), c. 671, s. 8; 1998-118, s. 8; 2003-347, s. 1.)

CASE NOTES

Board has the Authority to Discipline Licensees Violating the Rule of Professional Conduct. - Legislature has expressly endowed the North Carolina Board of Examiners for Engineers and Surveyors with the authority to promulgate rules of professional conduct and to discipline licensees that violate those rules, G.S. 89C-10, 89C-20, 89C-21, and 89C-22; as G.S. 89C-2 makes clear, the Legislature intended its rules on the practice of surveying to protect property interests in North Carolina. In re Suttles Surveying, P.A., 227 N.C. App. 70, 742 S.E.2d 574, dismissed and review granted, 367 N.C. 252, 749 S.E.2d 840, 2013 N.C. LEXIS 1150 (2013).

Decision of the North Carolina Board of Examiners for Engineers and Surveyors to suspend a surveyor's license and to reprimand his surveying company was neither in excess of its statutory authority nor in violation of the law because the Board found that the surveyor did not perform his services in an ethical manner and was not truthful in all of his interactions with a property owner, thus falling short of the professional standards promulgated by the Board, 21 N.C. Admin. Code 56.0701(d)(1) and (g). In re Suttles Surveying, P.A., 227 N.C. App. 70, 742 S.E.2d 574, dismissed and review granted, 367 N.C. 252, 749 S.E.2d 840, 2013 N.C. LEXIS 1150 (2013).

Opinions of Attorney General

The Board is vested with jurisdiction over State officials and employees who are registered professional engineers in the performance of their assigned duties, to the extent that those duties fall within the practice of engineering. See opinion of Attorney General to Mr. Jerry T. Carter, Executive Secretary, North Carolina State Board of Registration for Professional Engineers and Land Surveyors, 1998 N.C.A.G. 8 (2/11/98).

§ 89C-11. Secretary; duties and liabilities; expenditures.

The secretary of the Board shall receive and account for all moneys derived from the operation of the Board as provided in this Chapter, and shall deposit them in one or more special funds in banks or other financial institutions carrying deposit insurance and authorized to do business in North Carolina. The fund or funds shall be designated as "Fund of the Board of Examiners for Engineers and Surveyors" and shall be drawn against only for the purpose of implementing provisions of this Chapter as herein provided. All expenses certified by the Board as properly and necessarily incurred in the discharge of its duties, including authorized compensation, shall be paid out of this fund on the warrant signed by the secretary of the Board. At no time shall the total of warrants issued exceed the total amount of funds accumulated under this Chapter. The secretary of the Board shall give a surety bond satisfactory to the State Board of Examiners for Engineers and Surveyors, conditioned upon the faithful performance of the duties assigned. The premium on the bond is a proper and necessary expense of the Board. The secretary of the Board may delegate to the executive director certain routine duties, such as receipt and disbursement of funds in stated amounts by a written authorization, which has the majority approval of the Board.

History

(1921, c. 1, s. 7; C.S., s. 6055(h); 1951, c. 1084, s. 1; 1959, c. 617; 1975, c. 681, s. 1; 1998-118, s. 9; 2011-304, s. 2.)

Effect of Amendments. - Session Laws 2011-304, s. 2, effective June 26, 2011, substituted "majority approval of the Board" for "unanimous approval of the Board" in the last sentence.

§ 89C-12. Records and reports of Board; evidence.

The Board shall keep a record of its proceedings and a register of all applicants for licensure, showing for each the date of application, name, age, education, and other qualifications, place of business and place of residence, whether the applicant was rejected or a certificate of licensure granted, and the date licensure was rejected or granted. The books and register of the Board shall be prima facie evidence of all matters recorded by the Board, and a copy duly certified by the secretary of the Board under seal shall be admissible in evidence as if the original were produced. A roster showing the names and places of business and of residence of all licensed professional engineers and all licensed professional land surveyors shall be prepared by the secretary of the Board current to the month of January of each year. On or before the first day of May of each year, the Board shall submit to the Governor a report on its transactions for the preceding year, and shall file with the Secretary of State a copy of the report, together with a complete statement of the receipts and expenditures of the Board attested by the chair and the secretary and a copy of the roster of licensed professional engineers and professional land surveyors.

History

(1921, c. 1, s. 8; C.S., s. 6055(i); 1951, c. 1084, s. 1; 1975, c. 681, s. 1; 1998-118, s. 10; 2000-140, s. 18; 2011-304, s. 3.)

Effect of Amendments. - Session Laws 2011-304, s. 3, effective June 26, 2011, deleted the former fourth sentence, which read: "The roster shall be printed by the Board out of the Board's fund and distributed as described in the Board's rules."

Legal Periodicals. - For article, "In Defense of Occupational Licensing: A Legal Practitioner's Perspective,” see 43 Campbell L. Rev. 423 (2021).

§ 89C-13. General requirements for licensure.

Engineer Intern. - To be certified as an engineer intern, an applicant shall (i) pass the fundamentals of engineering examination and make application to the Board, (ii) be of good character and reputation, (iii) submit three character references to the Board, one of whom is a professional engineer, (iv) comply with the requirements of this Chapter, and (v) meet one of the following requirements:
1. Education. - Be a graduate of an EAC/ABET accredited engineering curriculum or of a related science curriculum which has been approved by the Board as being of satisfactory standing.
2. Education and experience. - Be a graduate of an engineering curriculum or related science curriculum of four years or more, other than curriculums approved by the Board as being of satisfactory standing in subdivision (1) of this subsection, and possess engineering experience satisfactory to the Board with a specific record of four or more years of progressive experience on engineering projects of a grade and character satisfactory to the Board.
Engineer Applicant. - To be licensed as a professional engineer, an applicant (i) shall be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional engineers or individuals acceptable to the Board with personal knowledge of the applicant's engineering experience, (iii) comply with the requirements of this Chapter, and (iv) meet the requirements related to education, examination, and experience set forth in this subsection. An applicant seeking licensure as a professional engineer shall meet the following requirements:
1. Education requirement. - Possess one or more of the following educational qualifications:
  1. A bachelor's degree in engineering from an EAC/ABET accredited program or in a related science curriculum which has been approved by the Board as being of satisfactory standing.
  2. A bachelor's degree in an engineering curriculum or related science curriculum of four years or more, other than curriculums approved by the Board as being of satisfactory standing in sub-subdivision a. of this subdivision.
  3. A master's degree in engineering from an institution that offers EAC/ABET accredited programs.
  4. An earned doctoral degree in engineering from an institution that offers EAC/ABET accredited programs and in which the degree requirements are approved by the Board.
2. Examination requirements. - Take and pass the Fundamentals of Engineering (FE) examination. Take and pass the Principles and Practice of Engineering (PE) examination as provided by G.S. 89C-15, after having met the education requirement set forth in subdivision (1) of this subsection.
3. Experience requirement. - Present evidence satisfactory to the Board of a specific record of progressive engineering experience that is of a grade and character that indicates to the Board that the applicant is competent to practice engineering. The Board may adopt rules to specify the years of experience required based on educational attainment, provided the experience requirement for an applicant who qualifies under sub-subdivision (1)a. of this subsection shall be no less than four years and for an applicant who qualifies under sub-subdivision (1)b. of this subsection, no less than eight years.
Licensure by Comity or Endorsement. - A person holding a certificate of licensure to engage in the practice of engineering, on the basis of comparable qualifications, issued to the person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country possessing credentials that, based on verifiable evidence, in the opinion of the Board, of a standard not lower than that in effect in this State at the time the certificate was issued, may upon application, be licensed without further examination, except as required to examine the applicant's knowledge of laws, rules, and requirements unique to North Carolina.
Long-Established Practice. - A person with a specific record of 20 years or more of progressive experience on engineering projects of a grade and character which indicates to the Board that the applicant may be competent to practice engineering shall be admitted to the Principles and Practice of Engineering examination. Upon passing the examination, the person shall be granted a certificate of licensure to practice professional engineering in this State, provided the person is otherwise qualified.
Exceptions. - The following persons may apply for and be granted waiver of the fundamentals of engineering examination and admission to the principles and practice of engineering examination:
1. A full-time engineering faculty member who teaches in an approved engineering program offering a four-year or more degree approved by the Board. The faculty member applicant shall document that the degree meets the Board's requirements.
2. A person possessing an earned doctoral degree in engineering from an institution in which the same discipline undergraduate engineering program has been accredited by EAC/ABET. The doctoral degree applicant shall document that the degree meets the Board's requirements.
Land Surveyor Applicant. - The evaluation of a land surveyor applicant's qualifications shall involve a consideration of the applicant's education, technical, and land surveying experience, exhibits of land surveying projects with which the applicant has been associated, and recommendations by references. The land surveyor applicant's qualifications may be reviewed at an interview if the Board determines it necessary. Educational credit for institute courses, correspondence courses, or other courses shall be determined by the Board.
1. To be certified as a land surveyor intern, an applicant shall (i) pass the fundamentals of land surveying examination and make application to the Board, (ii) be of good character and reputation, (iii) submit three character references to the Board, one of whom is a professional land surveyor, (iv) comply with the requirements of this Chapter, and (v) satisfy one of the following requirements related to education and experience:
  1. Be a graduate of a surveying curriculum of four years or more or other equivalent curriculum in surveying approved by the Board.
  2. Have rightful possession of an associate degree in surveying technology approved by the Board, a record satisfactory to the Board of four years of progressive practical experience, two years of which shall have been under a practicing professional land surveyor, and have satisfactorily passed a written and oral examination as required by the Board.
  3. Have graduated from high school or completed a high school equivalency certificate with a record satisfactory to the Board of 10 years of progressive, practical experience, six years of which shall have been under a practicing licensed land surveyor, and have satisfactorily passed any oral and written examinations required by the Board.
2. To be licensed as a professional land surveyor, an applicant shall (i) be of good character and reputation, (ii) submit five character references to the Board, three of whom are professional land surveyors or individuals acceptable to the Board, with personal knowledge of the applicant's land surveying experience, (iii) comply with the requirements of this Chapter, and (iv) meet one of the following requirements:
  1. Rightful possession of a bachelor of science degree in surveying or other equivalent curricula, all approved by the Board and a record satisfactory to the Board of two years or more of progressive practical experience, one year of which shall have been under a practicing professional land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, two years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any oral and written examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying. Upon passing the first examination and successful completion of the experience required by this subdivision, the applicant may apply to take the second examination (Principles and Practice of Land Surveying). An applicant who passes both examinations and completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
  2. Rightful possession of an associate degree in surveying technology approved by the Board and a record satisfactory to the Board of four years of progressive practical experience, three years of which shall have been under a practicing licensed land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, eight years of progressive practical experience, four years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any written and oral examination required by the Board, all of which shall determine and indicate that the applicant is competent to practice land surveying. If the applicant has not successfully completed the first examination on or before January 1, 2013, the applicant may apply to the Board to take the first examination after obtaining the associate degree and completing four years of practical experience, two years of which shall have been under a practicing professional land surveyor at the first regularly scheduled examination thereafter. Upon passing the first examination and successfully completing the practical experience required under this subdivision, the applicant may apply to the Board to take the second examination (Principles and Practice of Land Surveying). An applicant who passes both examinations and successfully completes the educational and experience requirements of this subdivision shall be granted licensure as a professional land surveyor.
  3. Repealed by Session Laws 1998-118, s. 11.
  4. Graduation from a high school or the completion of a high school equivalency certificate and a record satisfactory to the Board of seven years of progressive practical experience, six years of which shall have been under a practicing licensed land surveyor if the applicant has successfully passed the first examination (Fundamentals of Surveying) on or before January 1, 2013, or if the applicant has not successfully passed the first examination on or before January 1, 2013, 16 years of progressive practical experience, nine years of which shall have been under a practicing professional land surveyor, and satisfactorily passing any oral and written examinations required by the Board, all of which shall determine and indicate that the candidate is competent to practice land surveying. If the applicant has not successfully passed the first examination on or before January 1, 2013, the applicant may be qualified by the Board to take the first examination upon graduation from high school or the completion of a high school equivalency certificate and successfully completing 10 years of progressive practice experience, six of which shall have been under a practicing licensed land surveyor.
  5. Repealed by Session Laws 1985 (Regular Session, 1986), c. 977, s. 7.
  6. Licensure by Comity or Endorsement. - A person holding a certificate of licensure to engage in the practice of land surveying issued on comparable qualifications from a state, territory, or possession of the United States or the District of Columbia, possessing credentials that, based on verifiable evidence, in the opinion of the Board, of a standard not lower than that in effect in this State at the time the certificate was issued, may upon application, be licensed without further examination, except to take any examinations as the Board requires to determine the applicant's qualifications, but in any event, the applicant shall be required to pass an examination which shall include questions on laws, procedures, and practices pertaining to the practice of land surveying in North Carolina.
  7. A licensed professional engineer who can satisfactorily demonstrate to the Board that the professional engineer's formal academic training in acquiring a degree and field experience in engineering includes land surveying, to the extent necessary to reasonably qualify the applicant in the practice of land surveying, may apply for and may be granted permission to take the principles and practice of land surveying examination and the fundamentals of land surveying examination. Upon satisfactorily passing the examinations, the applicant shall be granted a license to practice land surveying in the State of North Carolina.
  8. Professional Engineers in Land Surveying. - Any person presently licensed to practice professional engineering under this Chapter shall upon application be licensed to practice land surveying, providing a written application is filed with the Board within one year next after June 19, 1975.
  9. Photogrammetrists. - Any person presently practicing photogrammetry with at least seven years of experience in the profession, two or more of which shall have been in responsible charge of photogrammetric mapping projects meeting National Map Accuracy Standards shall, upon application, be licensed to practice land surveying, provided:
    1. The applicant submit certified proof of graduation from high school, high school equivalency, or higher degree;
    2. The applicant submit proof of employment in responsible charge as a photogrammetrist practicing within the State of North Carolina to include itemized reports detailing methods, procedures, amount of applicant's personal involvement and the name, address, and telephone numbers of the client for five projects completed by the applicant with the State. A final map for one of the five projects shall also be submitted;
    3. Five references to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board; and
    4. The application is submitted to the Board by July 1, 1999. After July 1, 1999, no photogrammetrist shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applicants.
  10. Any person performing activities described in G.S. 89C-3(7)a.2. and 7. with at least seven years of experience in performing mapping science surveys, two or more of which have been in responsible charge of mapping science projects that meet the requirements of 21 NCAC 56.1608, shall, upon application, be licensed to practice surveying in their area of competence (mapping science) provided all of the following requirements are met:
    1. The applicant submits certified proof of graduation from high school, high school equivalency, or higher degree.
    2. The applicant submits proof of employment in responsible charge of mapping science projects within the State of North Carolina, including itemized reports detailing methods, procedures, amount of applicant's personal involvement, and the name, address, and telephone numbers of the client for five projects completed by the applicant within the State. The applicant shall also submit a final map, report, or digital product for one of the five projects.
    3. Five references as to the applicant's character and quality of work, three of which shall be from professional land surveyors, are submitted to the Board.
    4. The application is submitted to the Board by July 1, 2014. After July 1, 2014, no individual performing surveys described in 21 NCAC 56.1608 shall be licensed without meeting the same requirements as to education, length of experience, and testing required of all land surveying applications.
3. Repealed by Session Laws 2013-98, s. 2 effective June 12, 2013.

For purposes of this subsection, the term "EAC/ABET" means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.

The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for licensure as a professional land surveyor:

The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible evidence of land surveying work executed by the applicant under proper supervision and which the applicant has personally accomplished or supervised.

Land surveying encompasses a number of disciplines including geodetic surveying, hydrographic surveying, cadastral surveying, engineering surveying, route surveying, photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor shall practice only within the surveyor's area of expertise.

History

(1921, c. 1, s. 9; C.S., s. 6055(j); 1951, c. 1084, s. 1; 1953, c. 999, s. 2; 1957, c. 1060, ss. 2, 3; 1975, c. 681, s. 1; 1985 (Reg. Sess., 1986), c. 977, ss. 1-15; 1993 (Reg. Sess., 1994), c. 671, s. 2; 1995, c. 509, s. 36.1; 1998-118, s. 11; 1998-217, s. 41; 2005-296, s. 1; 2011-304, s. 4; 2013-98, s. 2; 2016-105, s. 1.)

Editor's Note. - Laws 2013-98, s. 2, rewrote and reorganized the section, The act deleted subdivision (b)(2) but failed to delete the undesignated paragraph that followed it. That paragraph is identical to one of the undesignated paragraphs that had followed subdivision (b)(1). Subsection (b) is as set out in the form above at the direction of the Revisor of Statutes.

The section above was amended by Session Laws 2016-105, s. 1 in the coded bill drafting format provided by G.S. 120-20.1. The act failed to engross designation changes in subsection (a). Subsection (a) is set out in the form above at the direction of the Revisor of Statutes.

Effect of Amendments. - Session Laws 2005-296, s. 1, effective August 22, 2005, rewrote subsection (b), including adding subdivision (b)(2)b.

Session Laws 2011-304, s. 4, effective June 26, 2011, rewrote subdivision (a)(1); in subdivision (a)(2)a., substituted "or a student who is graduating within two semesters, or the equivalent, of the semester in which the fundamentals of engineering examination is administered" for "or a student who has attained senior status in an accredited engineering program"; rewrote subdivision (b)(1)f.; and in subdivision (b)(2)d., substituted "a student who is graduating within two semesters, or the equivalent, of the semester in which the fundamentals of surveying examination is administered" for "a student who has attained senior status."

Session Laws 2013-98, s. 2, effective June 12, 2013, rewrote the section.

Session Laws 2016-105, s. 1, effective October 1, 2016, rewrote subsection (a); and added subsections (a1) through (a4).

CASE NOTES

Requirement for Obtaining of License as Land Surveyor by Professional Engineer. - Subsection (b)(1)h., as enacted in 1975, does not require that a person theretofore licensed as a professional engineer show that he had actually engaged in the practice of, or that he had experience in, land surveying as a condition to obtaining a license as a registered land surveyor. Loughlin v. North Carolina State Bd. of Registration, 32 N.C. App. 351, 232 S.E.2d 219, cert. denied, 292 N.C. 467, 233 S.E.2d 922 (1977).

§ 89C-14. Application for licensure; license fees.

Application for licensure as a professional engineer or professional land surveyor shall be on a form prescribed and furnished by the Board. It shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical and engineering or land surveying experience, and shall include the names and complete mailing addresses of the references, none of whom may be immediate members of the applicant's family or members of the Board.
An applicant for licensure who is required to take the written examination shall pay to the Board an application fee not to exceed one hundred dollars ($100.00). The Board may charge any fee necessary to defray the cost of any required examinations. The fee shall accompany the application. The fee for comity licensure of engineers and land surveyors who hold unexpired certificates in another state or a territory of the United States or in Canada shall be the total current fee as fixed by the Board.
The certification fee for a corporation is the amount set by the Board but shall not exceed one hundred dollars ($100.00). The fee shall accompany the application. The certification fee for a business firm is the same as the fee for a corporation. The fee for renewal of a certificate of licensure of a corporation is the amount set by the Board but shall not exceed seventy-five dollars ($75.00). The fee for renewal of a certificate of licensure for a business firm is the same as the renewal fee for a corporation.
Should the Board deny the issuance of a certificate of licensure to any applicant, the unobligated portion of fees paid shall be returned by the Board to the applicant.
A candidate failing an examination may apply, and be considered by the Board, for reexamination at the end of six months. The Board shall make such reexamination charge as is necessary to defray the cost of the examination.

The Board may accept the certified information on the copy of a current formal certificate of qualifications issued by the National Council of Examiners for Engineering and Surveying in lieu of the same information that is required for the form prescribed and furnished by the Board.

A candidate with a combination of three failures or unexcused absences on an examination shall only be eligible after submitting a new application with appropriate application fee and documented evidence of actions taken by the candidate to enhance the candidate's prospects for passing the exam. A candidate with a combination of three failures or unexcused absences may only be considered by the Board for reexamination at the end of 12 months following the third failure or unexcused absence. After the end of the 12-month period, the applicant may take the examination no more than once every calendar year.

History

(1921, c. 1, s. 9; C.S., s. 6055(j); 1951, c. 1084, s. 1; 1953, c. 999, s. 2; 1957, c. 1060, ss. 2, 3; 1975, c. 681, s. 1; 1981, c. 230; 1983, c. 183, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 671, s. 5; 1996, 2nd Ex. Sess., c. 18, s. 7.10(k); 1998-118, s. 12; 2000-115, s. 1.)

§ 89C-15. Examinations.

The examinations will be held at the times and places as the Board directs. The Board shall determine the passing grade on examinations. All examinations shall be approved by the entire Board.
Examinations will be given as follows:
1. Fundamentals of Engineering. - Consists of an examination on the fundamentals of engineering. Passing this examination qualifies the applicant for an engineer intern certificate, provided the applicant has met all other requirements for licensure required by this Chapter.
2. Principles and Practice of Engineering. - Consists of an examination on applied engineering. Passing this examination qualifies the applicant for licensure as a professional engineer, provided the applicant has met the other requirements for licensure required by this Chapter.
3. Fundamentals of Land Surveying. - Consists of an examination on the fundamentals of land surveying. Passing this examination qualifies the applicant for a land surveyor intern certificate provided the applicant has met all other requirements for certification required by this Chapter.
4. Principles and Practice of Land Surveying. - Consists of an examination on the applied disciplines of land surveying and an examination on requirements specific to the practice of land surveying in North Carolina. Passing each of these examinations qualifies the applicant for a professional land surveyor certificate provided the applicant has met all other requirements for certification required by this Chapter.

History

(1975, c. 681, s. 1; 1998-118, s. 13; 2013-98, s. 3.)

Effect of Amendments. - Session Laws 2013-98, s. 3, effective June 12, 2013, rewrote subsection (b), which formerly read "Written examinations will be given in sections and may be taken only after the applicant has met the other minimum requirements as given in G.S. 89C-13 and has been approved by the Board for admission to the examination as follows"; rewrote the subdivision headings; deleted "eight-hour" preceding "examination" in subdivisions (b)(1) through (b)(3); substituted "engineer" for "engineering" in subdivision (b)(1); substituted "licensure" for "registration" in the second sentence in subdivision (b)(2); substituted "fundamentals" for "elementary disciplines" in subdivision (b)(3); and in subdivision (b)(4), substituted "an examination" for "a six-hour examination" and "a two-hour examination," and deleted "basic and" preceding "applied disciplines."

§ 89C-16. Certificates of licensure; effect; seals.

The Board shall issue to any applicant, who, in the opinion of the Board, has met the requirements of this Chapter, a certificate of licensure giving the licensee proper authority to practice the profession in this State. The certificate of licensure for a professional engineer shall carry the designation "professional engineer," and for a land surveyor, "professional land surveyor," shall give the full name of the licensee with the Board designated licensure number and shall be signed by the chair and the secretary under the seal of the Board.
This certificate shall be prima facie evidence that the person named on the certificate is entitled to all rights, privileges and responsibilities of a professional engineer or a professional land surveyor, while the certificate of licensure remains unrevoked or unexpired.
Each licensee shall upon licensure obtain a seal of a design authorized by the Board bearing the licensee's name, license number, and the legend, "professional engineer," or "professional land surveyor." Final drawings, specifications, plans and reports prepared by a licensee shall, when issued, be certified and stamped with the seal or facsimile of the seal unless the licensee is exempt under the provisions of G.S. 89C-25(7). It shall be unlawful for a licensee to affix, or permit the licensee's seal and signature or facsimile of the seal and signature to be affixed to any drawings, specifications, plans or reports after the expiration of a certificate or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of this Chapter. A professional engineer practicing land surveying shall use the licensee's land surveyor seal.

History

(1921, c. 1, s. 11; C.S., s. 6055(m); 1951, c. 1084, s. 1; 1957, c. 1060, s. 6; 1975, c. 681, s. 1; 1998-118, s. 14.)

CASE NOTES

Cited in In re Trulove, 54 N.C. App. 218, 282 S.E.2d 544 (1981).

Opinions of Attorney General

Direct Control by Registrant Required. - For a registrant to be able to legally seal and sign plans prepared by others, it is necessary that the documents be prepared under his direct supervision, meaning a person employed by and under control of the registrant. See opinion of Attorney General to Mr. B.A. Saholsky, 41 N.C.A.G. 423 (1971).

§ 89C-17. Expirations and renewals of certificates.

Certificates for licensure of corporations and business firms that engage in the practice of engineering or land surveying shall expire on the last day of the month of June following their issuance or renewal and shall become invalid on that date unless renewed. All other certificates for licensure shall expire on the last day of the month of December next following their issuance or renewal, and shall become invalid on that date unless renewed. When necessary to protect the public health, safety, or welfare, the Board shall require any evidence necessary to establish the continuing competency of engineers and land surveyors as a condition of renewal of licenses. When the Board is satisfied as to the continuing competency of an applicant, it shall issue a renewal of the certificate upon payment by the applicant of a fee fixed by the Board but not to exceed seventy-five dollars ($75.00). The secretary of the Board shall notify by mail every person licensed under this Chapter of the date of expiration of the certificate, the amount of the fee required for its renewal for one year, and any requirement as to evidence of continued competency. The notice shall be mailed at least one month in advance of the expiration date of the certificate. Renewal shall be effected at any time during the month immediately following the month of expiration, by payment to the secretary of the Board of a renewal fee, as determined by the Board, which shall not exceed seventy-five dollars ($75.00). Failure on the part of any licensee to renew the certificate annually in the month immediately following the month of expiration, as required above, shall deprive the licensee of the right to practice until reinstatement of the license. The license may be reinstated at anytime during the first 12 months immediately following the date the license became invalid by payment of a reinstatement fee of one hundred dollars ($100.00) in addition to the established renewal fee. Failure of a licensee to reinstate the license during the first 12 months immediately following the date the license became invalid shall require the individual, prior to resuming practice in North Carolina, to submit an application on the prescribed form, and to meet all other requirements for licensure as set forth in Chapter 89C. The secretary of the Board is instructed to remove from the official roster of engineers and land surveyors the names of all licensees who have not effected their renewal by the first day of the month immediately following the renewal period. The Board may adopt rules to provide for renewals in distress or hardship cases due to military service, prolonged illness, or prolonged absence from the State, where the applicant for renewal demonstrates to the Board that the applicant has maintained active knowledge and professional status as an engineer or land surveyor, as the case may be. It shall be the responsibility of each licensee to inform the Board promptly concerning change in address. A licensee may request and be granted inactive status. No inactive licensee may practice in this State unless otherwise exempted in this Chapter. A licensee granted inactive status shall pay annual renewal fees but shall not be subject to annual continuing professional competency requirements. A licensee granted inactive status may return to active status by meeting all requirements of the Board, including demonstration of continuing professional competency as a condition of reinstatement.

History

(1921, c. 1, s. 9; C.S., s. 6055(k); 1951, c. 1084, s. 1; 1953, c. 1041, s. 9; 1957, c. 1060, s. 4; 1973, c. 1321; c. 1331, s. 3; 1975, c. 681, s. 1; 1979, c. 819, ss. 3, 4; 1985, c. 373; 1998-118, s. 15; 2000-115, s. 2; 2003-347, s. 3.)

§ 89C-18. Duplicate certificates.

The Board may issue a duplicate certificate of licensure or certificate of authorization to replace any certificate that has been lost, destroyed, or mutilated and may charge a fee of up to twenty-five dollars ($25.00) for issuing the certificate.

History

(1921, c. 1, s. 10; C.S., s. 6055(l); 1939, c. 218, s. 2; 1951, c. 1084, s. 1; 1953, c. 1041, s. 10; 1957, c. 1060, s. 5; 1973, c. 1331, s. 3; 1975, c. 681, s. 1; 1993 (Reg. Sess., 1994), c. 671, s. 3; 1998-118, s. 16.)

§ 89C-18.1. Licensing of nonresidents.

Definitions. - The following definitions apply in this section:
1. Delinquent income tax debt. - The amount of income tax due as stated in a final notice of assessment issued to a taxpayer by the Secretary of Revenue when the taxpayer no longer has the right to contest the amount.
2. Foreign corporation. - Defined in G.S. 55-1-40.
3. Foreign entity. - A foreign corporation, a foreign limited liability company, or a foreign partnership.
4. Foreign limited liability company. - Has the same meaning as the term "foreign LLC" in G.S. 57D-1-03.
5. Foreign partnership. - Either of the following that does not have a permanent place of business in this State:
  1. A foreign limited partnership as defined in G.S. 59-102.
  2. A general partnership formed under the laws of a jurisdiction other than this State.
Licensing. - The Board shall not renew a certificate of licensure for a foreign corporation unless the corporation has obtained a certificate of authority from the Secretary of State pursuant to Article 15 of Chapter 55 of the General Statutes. The Board shall not renew a certificate of licensure for a foreign limited liability company unless the company has obtained a certificate of authority from the Secretary of State pursuant to Article 7 of Chapter 57D of the General Statutes.
Information. - Upon request, the Board shall provide the Secretary of Revenue on an annual basis the name, address, and tax identification number of every nonresident individual and foreign entity licensed by the Board. The information shall be provided in the format required by the Secretary of Revenue.
Delinquents. - If the Secretary of Revenue determines that any nonresident individual or foreign corporation licensed by the Board, a member of any foreign limited liability company licensed by the Board, or a partner in any foreign partnership licensed by the Board, owes a delinquent income tax debt, the Secretary of Revenue may notify the Board of these nonresident individuals and foreign entities and instruct the Board not to renew their certificates of licensure. The Board shall not renew the certificate of licensure of such a nonresident individual or foreign entity identified by the Secretary of Revenue unless the Board receives a written statement from the Secretary that the debt either has been paid or is being paid pursuant to an installment agreement.

History

(1998-162, ss. 7, 13; 2013-157, s. 23.)

Effect of Amendments. - Session Laws 2013-157, s. 23, effective January 1, 2014, substituted "Has the same meaning as the term 'foreign LLC' in G.S. 57D-1-03" for "Defined in G.S. 57C-1-03" in subdivision (a)(4); and substituted "57D" for "57C" in subsection (b).

§ 89C-19. Public works; requirements where public safety involved.

This State and its political subdivisions such as counties, cities, towns, or other political entities or legally constituted boards, commissions, public utility companies, or authorities, or officials, or employees of these entities shall not engage in the practice of engineering or land surveying involving either public or private property where the safety of the public is directly involved without the project being under the responsible charge of a professional engineer for engineering projects, or a professional land surveyor for land surveying projects, as provided for the practice of the respective professions by this Chapter.

An official or employee of the State or any political subdivision specified in this section, holding the positions set out in this section as of June 19, 1975, shall be exempt from the provisions of this section so long as such official or employee is engaged in substantially the same type of work as is involved in the present position.

Nothing in this section shall be construed to prohibit inspection, maintenance and service work done by employees of the State of North Carolina, any political subdivision of the State, or any municipality including construction, installation, servicing, and maintenance by regular full-time employees of, secondary roads and drawings incidental to work on secondary roads, streets, street lighting, traffic-control signals, police and fire alarm systems, waterworks, steam, electric and sewage treatment and disposal plants, the services of superintendents, inspectors or foremen regularly employed by the State of North Carolina or any political subdivision of the State, or municipal corporation.

The provisions in this section shall not be construed to alter or modify the requirements of Article 1 of Chapter 133 of the General Statutes.

History

(1975, c. 681, s. 1; 1998-118, s. 17; 2014-120, s. 11(b); 2015-264, s. 47.5(a).)

Editor's Note. - Session Laws 2014-120, s. 60, is a severability clause.

Session Laws 2015-264, s. 91.7, is a severability clause.

Effect of Amendments. - Session Laws 2014-120, s. 11(b), effective September 18, 2014, in the first paragraph, inserted "direct" preceding "supervision" and deleted "the preparations of plans and specifications for" preceding "engineering projects."

Session Laws 2015-264, s. 47.5(a), effective October 1, 2015, substituted "responsible charge" for "direct supervision" near the end of the first undesignated paragraph.

§ 89C-19.1. Engineer or professional land surveyor who volunteers during an emergency or disaster; qualified immunity.

A licensed professional or any other individual working under the direct supervision of a licensed professional who voluntarily, without compensation, provides structural, electrical, mechanical, other engineering services or land surveying services at the scene of a declared disaster or emergency, declared under federal law or in accordance with the provisions of Article 1A of Chapter 166A of the General Statutes, at the request of a public official, law enforcement official, public safety official, or building inspection official, acting in an official capacity, shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed professional's acts or omissions in the performance of the services.
The immunity provided in subsection (a) of this section for professional engineers applies only to an engineering service:
1. For any structure, building, piping, or other engineered system, either publicly or privately owned.
2. That occurs within 45 days after the declaration of the emergency or disaster, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers.
The immunity provided in subsection (a) of this section for professional land surveyors applies only to land surveying services that occur within 45 days after the declaration of the emergency or disaster, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers.
The immunity provided in subsection (a) of this section does not apply if it is determined that the personal injury, wrongful death, property damage, or other loss was caused by the gross negligence, wanton conduct, or intentional wrongdoing of the licensed professional, or arose out of the operation of a motor vehicle.
As used in this section:
1. "Building inspection official" means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or disaster is declared.
2. "Law enforcement official" means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or disaster is declared.
3. "Licensed professional" means any professional engineer or professional land surveyor.
4. "Public official" means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which the emergency or disaster is declared.
5. "Public safety official" means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which the emergency or disaster is declared.

History

(1995, c. 416, s. 1; 2012-12, s. 2(q); 2018-5, s. 5.6( l ).)

Editor's Note. - Session Laws 2018-5, s. 5.6(m), made the amendment of this section by Session Laws 2018-5, s. 5.6( l ), effective July 1, 2018, and applicable to services rendered on or after that date.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2012-12, s. 2(q), effective October 1, 2012, substituted "Article 1A of Chapter 166A of the General Statutes" for "Article 1 of Chapter 166A of the General Statutes or Article 36A of Chapter 14 of the General Statutes" in subsection (a).

Session Laws 2018-5, s. 5.6( l ), in the section heading, added "or professional land surveyor"; in subsection (a), substituted "licensed professional or any other individual working under the direct supervision of a licensed professional" for "professional engineer", substituted "other engineering services or land surveying services" for "or other engineering services", and substituted "licensed professional's acts or omissions in the performance of the services" for "professional engineer's acts or omissions in the performance of the engineering services"; in the introductory language of subsection (b), added "for professional engineers"; added subsection (b1); in subsection (c), substituted "licensed professional" for "professional engineer"; and added subdivision (d)(2a). For effective date and applicability, see editor's note.

§ 89C-20. Rules of professional conduct.

In the interest of protecting the safety, health, and welfare of the public, the Board shall adopt rules of professional conduct applicable to the practice of engineering and land surveying. These rules, when adopted, shall be construed to be a reasonable exercise of the police power vested in the Board of Examiners for Engineers and Land Surveyors. Every person licensed by the Board shall subscribe to and observe the adopted rules as the standard of professional conduct for the practice of engineering and land surveying and shall cooperate fully with the Board in the course of any investigation. In the case of violation of the rules of professional conduct, the Board shall proceed in accordance with G.S. 89C-22.

History

(1975, c. 681, s. 1; 1987, c. 827, s. 73; 1998-118, s. 18.)

CASE NOTES

Due Process. - Decision of the North Carolina Board of Examiners for Engineers and Surveyors to suspend a surveyor's license and to reprimand his surveying company did not violate due process because the Board properly deemed that the surveyor's settlement with a property owner was not "conduct in the interest of protecting safety, health, and welfare of the public, thus violating the Board's Professional Rules of Conduct, 21 N.C. Admin. Code 56.0701(b); the surveyor knew his settlement would necessarily prevent reporting to the Board and that issuing a preliminary plat with knowledge that it would be improperly recorded violated 21 N.C. Admin. Code 56.1103. In re Suttles Surveying, P.A., 227 N.C. App. 70, 742 S.E.2d 574, dismissed and review granted, 367 N.C. 252, 749 S.E.2d 840, 2013 N.C. LEXIS 1150 (2013).

Cited in North Carolina State Bd. of Registration for Professional Eng'rs & Land Surveyors v. FTC, 615 F. Supp. 1155 (E.D.N.C. 1985).

§ 89C-21. Disciplinary action - Reexamination, revocation, suspension, reprimand, or civil penalty.

The Board may reprimand the licensee, suspend, refuse to renew, refuse to reinstate, or revoke the certificate of licensure, require additional education or, as appropriate, require reexamination, for any engineer or land surveyor, who is found guilty of any of the following:
1. Fraud or deceit in obtaining or renewing a certificate of licensure or certificate of authorization.
2. Gross negligence, incompetence, or misconduct in the practice of the profession.
3. Conviction of, or entry of a plea of guilty or nolo contendere to, any crime that is a felony, whether or not related to the practice of engineering or surveying; conviction of, or entry of a plea of guilty or nolo contendere to, any crime, whether a felony, misdemeanor, or otherwise, where an essential element of the crime is dishonesty or when the crime is directly related to the practice of engineering or surveying; or conviction of, or entry of a plea of guilty or nolo contendere, of any crime involving moral turpitude.
4. Violation of any provisions of this Chapter, the Rules of Professional Conduct, or any rules as adopted by the Board.
5. Being declared insane or incompetent by a court of competent jurisdiction and having not later been lawfully declared sane or competent.
6. Professional incompetence. In the event the Board finds that a certificate holder is incompetent the Board may, in its discretion, require oral or written examinations, or other indication of the certificate holder's fitness to practice engineering or land surveying and suspend the license during any such period.
The Board may (i) revoke a certificate of authorization, or (ii) to suspend a certificate of authorization for a period of time not exceeding two years, of any corporation or business firm where one or more of its officers or directors have committed any act or have been guilty of any conduct which would authorize a revocation or suspension of their certificates of licensure under the provision of this section.
The Board may levy a civil penalty not in excess of five thousand dollars ($5,000) for any engineer or not in excess of two thousand dollars ($2,000) for any land surveyor who violates any of the provisions of subdivisions (1) through (4) of subsection (a) of this section. The clear proceeds of all civil penalties collected by the Board, including civil penalties collected pursuant to G.S. 89C-22(c), shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
Before imposing and assessing a civil penalty and fixing the amount, the Board shall, as a part of its deliberation, take into consideration the following factors:
1. The nature, gravity, and persistence of the particular violations;
2. The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment;
3. Whether the violation(s) were done willfully and maliciously; and
4. Any other factors which would tend to either mitigate or aggravate the violation(s) found to exist.

History

(1921, c. 1, s. 10; C.S., s. 6055(l); 1939, c. 218, s. 2; 1951, c. 1084, s. 1; 1953, c. 1041, s. 10; 1957, c. 1060, s. 5; 1973, c. 1331, s. 3; 1975, c. 681, s. 1; 1989, c. 669, s. 1; 1993 (Reg. Sess., 1994), c. 671, s. 6; 1998-118, s. 19; 1998-215, s. 134; 2003-347, s. 2; 2011-304, s. 5.)

Effect of Amendments. - Session Laws 2011-304, s. 5, effective June 26, 2011, rewrote subsection (a).

CASE NOTES

Multiple Sanctions. - Under former version of this section, providing that the Board "may suspend, refuse to renew, or revoke the certificate of registration, require reexamination, or levy a fine not in excess of five hundred dollars," the Board was authorized to suspend, etc., an engineer's certificate of registration, or to fine him up to $500, but was not authorized to do both. In re Bruce, 97 N.C. App. 138, 387 S.E.2d 82 (1990).

Lack of Notice and Opportunity for Hearing as to Suspension of License. - Where although petitioner was given notice of alleged facts supporting reprimand and fine, he had no notice that the same facts would warrant suspension of his license, and where additionally, petitioner did not have an opportunity at hearing to show compliance with the requirements for retaining his license since he was unaware that the proceeding could result in the suspension, the Board's suspension of petitioner's license did not comply with the procedures mandated in G.S. 150B-3(b). Miller v. North Carolina State Bd. of Registration, 86 N.C. App. 91, 356 S.E.2d 793 (1987), aff'd, 322 N.C. 465, 368 S.E.2d 605 (1988).

Board Precluded from Suspending License. - The Notice of Action Without Hearing sent to petitioner by the board informing petitioner that the board's intended action was a reprimand and fine was misleading, lulling him into believing that his conduct would, at most, result in a reprimand or fine - not suspension of his license - and the board was precluded from imposing the greater sanction of license suspension. Miller v. North Carolina State Bd. of Registration for Professional Eng'rs & Land Surveyors, 322 N.C. 465, 368 S.E.2d 605 (1988).

Applied in Adams v. North Carolina State Bd. of Registration, 129 N.C. App. 292, 501 S.E.2d 660 (1998).

Cited in In re Bruce, 103 N.C. App. 81, 404 S.E.2d 480 (1991).

§ 89C-22. Disciplinary action - Charges; procedure.

Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violations of this Chapter, the rules of professional conduct, or any rules adopted by the Board against any Board licensee. The charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the Board.
All charges, unless dismissed by the Board as unfounded or trivial or unless settled informally, shall be heard by the Board as provided under the requirements of Chapter 150B of the General Statutes.
If, after a hearing, a majority of the Board votes in favor of sustaining the charges, the Board shall reprimand, levy a civil penalty, suspend, refuse to renew, refuse to reinstate, or revoke the licensee's certificate, require additional education or, as appropriate, require reexamination.
A licensee who is aggrieved by a final decision of the Board may appeal for judicial review as provided by Article 4 of Chapter 150B.
The Board may, upon petition of an individual or an entity whose certificate has been revoked, for sufficient reasons as it may determine, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance.

History

(1921, c. 1, s. 10; C.S., s. 6055(l); 1939, c. 218, s. 2; 1951, c. 1084, s. 1; 1953, c. 1041, s. 10; 1957, c. 1060, s. 5; 1973, c. 1331, s. 3; 1975, c. 681, s. 1; 1981, c. 789; 1989, c. 669, s. 2; 1993 (Reg. Sess., 1994), c. 671, s. 7; 1998-118, s. 20; 2011-304, s. 6.)

Effect of Amendments. - Session Laws 2011-304, s. 6, effective June 26, 2011, in the first sentence of subsection (a), substituted "or violations of this Chapter, the rules of professional conduct, or any rules adopted by the Board against any Board licensee" for "or violation of the rules of professional conduct against any Board registrant"; in subsection (b), inserted "or unless settled informally"; in subsection (c), inserted "refuse to reinstate" and added "require additional education or, as appropriate, require reexamination."

CASE NOTES

"Person Aggrieved" Defined. - "Person aggrieved" means one who is adversely affected in respect of legal rights, or is suffering from an infringement or denial of legal rights. Carter v. North Carolina State Bd. of Registration, 86 N.C. App. 308, 357 S.E.2d 705 (1987), decided under G.S. 150B-43.

Discretion of Board as to Need for Disciplinary Hearing. - The determination of whether charges are "unfounded or trivial" or are of sufficient substance to merit a disciplinary hearing is a decision necessarily committed to the sound discretion of the Board. Carter v. North Carolina State Bd. of Registration, 86 N.C. App. 308, 357 S.E.2d 705 (1987), decided under G.S. 150B-43.

Cited in In re Trulove, 54 N.C. App. 218, 282 S.E.2d 544 (1981); Miller v. North Carolina State Bd. of Registration for Professional Eng'rs & Land Surveyors, 322 N.C. 465, 368 S.E.2d 605 (1988); In re Bruce, 103 N.C. App. 81, 404 S.E.2d 480 (1991).

§ 89C-23. Unlawful to practice engineering or land surveying without licensure; unlawful use of title or terms; penalties; Attorney General to be legal adviser.

Any person who shall practice, or offer to practice, engineering or land surveying in this State without first being licensed in accordance with the provisions of this Chapter, or any person, firm, partnership, organization, association, corporation, or other entity using or employing the words "engineer" or "engineering" or "professional engineer" or "professional engineering" or "land surveyor" or "land surveying," or any modification or derivative of those words in its name or form of business or activity except as licensed under this Chapter or in pursuit of activities exempted by this Chapter, or any person presenting or attempting to use the certificate of licensure or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or to any member of the Board in obtaining or attempting to obtain a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked or nonexistent certificate of licensure, or who shall practice or offer to practice when not qualified, or any person who falsely claims that the person is registered under this Chapter, or any person who shall violate any of the provisions of this Chapter, in addition to injunctive procedures set out hereinbefore, shall be guilty of a Class 2 misdemeanor. In no event shall there be representation of or holding out to the public of any engineering expertise by unlicensed persons. It shall be the duty of all duly constituted officers of the State and all political subdivisions of the State to enforce the provisions of this Chapter and to prosecute any persons violating them.

The Attorney General of the State or an assistant shall act as legal adviser to the Board and render any legal assistance necessary to carry out the provisions of this Chapter. The Board may employ counsel and necessary assistance to aid in the enforcement of this Chapter, and the compensation and expenses for the assistance shall be paid from funds of the Board.

History

(1921, c. 1, s. 12; C.S., s. 6055(n); 1951, c. 1084, s. 1; 1975, c. 681, s. 1; 1993, c. 539, s. 612; 1994, Ex. Sess., c. 24, s. 14(c); 1998-118, s. 21.)

CASE NOTES

This Section and G.S. 89C-2 Must Be Read Together. - This section, the part of the Chapter prescribing penalties, must be read subject to the basic prohibitory section of this Chapter, G.S. 89C-2, which makes it unlawful "to use in connection with his name or otherwise or advertise any title or description tending to convey the impression that he is . . . a professional engineer . . . unless such person has been duly registered as such." North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

G.S. 89C-2 and this section authorize the Board to prohibit only those uses of the title engineer which imply or represent professional engineering status or expertise. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

Use of Word "Engineer" Does Not Represent Professional Engineering Status. - It is clear from the definition in G.S. 89C-3(8) that the use of the word "engineer" without being modified by "professional," "registered" or "licensed," or some word of like import does not represent that one is "duly registered and licensed by the Board" and therefore cannot represent that one is a professional engineer as that term is defined in G.S. 89C-3(8). Since such usage does not represent professional engineering status, it cannot constitute the practice of engineering as that term is defined in G.S. 89C-3(6)a. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

Therefore, such usage is not a violation of those provisions of G.S. 89C-2 and this section which prohibit the practice or offer to practice engineering without proper registration. North Carolina State Bd. of Registration v. IBM Corp., 31 N.C. App. 599, 230 S.E.2d 552 (1976).

Applied in New Bern Riverfront Dev., LLC v. Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev., LLC), - Bankr. - (Bankr. E.D.N.C. May 24, 2011).

Cited in Loughlin v. North Carolina State Bd. of Registration, 32 N.C. App. 351, 232 S.E.2d 219 (1977); Blaylock Grading Co., LLP v. Smith, 189 N.C. App. 508, 658 S.E.2d 680 (2008).

§ 89C-24. Licensure of corporations and business firms that engage in the practice of engineering or land surveying.

A corporation or business firm may not engage in the practice of engineering or land surveying in this State unless it is licensed by the Board and has paid an application fee established by the Board in an amount not to exceed one hundred dollars ($100.00). A corporation or business firm is subject to the same duties and responsibilities as an individual licensee. Licensure of a corporation or business firm does not affect the requirement that all engineering or land surveying work done by the corporation or business firm be performed by or under the responsible charge of individual registrants, nor does it relieve the individual registrants within a corporation or business firm of their design and supervision responsibilities. The Board may adopt rules regulating the operation of offices and places of business of corporations and business firms licensed under this section to ensure that professional engineering and land surveying services are performed under the supervision of licensed professional engineers and land surveyors.

This section applies to every corporation that is engaged in the practice of engineering or land surveying, regardless of when it was incorporated. A corporation that is not exempt from Chapter 55B of the General Statutes by application of G.S. 55B-15 must be incorporated under that Chapter.

History

(1921, c. 1, s. 14; C.S., s. 6055(p); 1951, c. 1084, s. 1; 1969, c. 718, s. 18; 1975, c. 681, s. 1; 1993 (Reg. Sess., 1994), c. 671, s. 4; 1998-118, s. 22; 2000-115, s. 3.)

Opinions of Attorney General

Registration Requirement Applies to Non-Profit Corporations. - The registration requirement contained in this section applies to any corporation, including a non-profit corporation, if the corporation is engaged in the practice of engineering as defined by the statute. See opinion of Attorney General to Mr. Jerry T. Carter, Executive Director, North Carolina Board of Examiners for Engineers and Surveyors, 1999 N.C. AG LEXIS 25 (11/16/99).

§ 89C-25. Limitations on application of Chapter.

This Chapter shall not prevent the following activities:

The practice of architecture as defined in Chapter 83A of the General Statutes, landscape architecture as defined in Chapter 89A of the General Statutes, or contracting as defined in Articles 1, 2, 4, and 5 of Chapter 87 of the General Statutes.
Repealed by Session Laws 2011-304, s. 7, effective June 26, 2011.
Repealed by Session Laws 2011-304, s. 7, effective June 26, 2011.
Engaging in engineering or land surveying as an employee or assistant under the responsible charge of a professional engineer or professional land surveyor.
The practice of professional engineering or land surveying by any person not a resident of, and having no established place of business in this State, as a consulting associate of a professional engineer or professional land surveyor licensed under the provisions of this Chapter; provided, the nonresident is qualified for performing the professional service in the person's own state or country.
Practice by members of the Armed Forces of the United States; employees of the government of the United States while engaged in the practice of engineering or land surveying solely for the government on government-owned works and projects; or practice by those employees of the Natural Resources Conservation Service, county employees, employees of the Soil and Water Conservation Districts, or employees of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services who have engineering job approval authority issued by the Natural Resources Conservation Service or the Soil and Water Conservation Commission that involves the planning, designing, or implementation of best management practices on agricultural lands, or for the planning, designing, or implementation of best management practices approved for cost-share funding pursuant to programs identified in G.S. 139-4(d)(9).
Repealed by Session Laws 2014-120, s. 11(a), effective September 18, 2014.
The engineering or surveying activities of a person as defined by G.S. 89C-3(5) who is engaged in manufacturing, processing, producing, or transmitting and delivering a product or public utility service, and which activities are reasonably necessary and connected with the primary services performed by individuals regularly employed in the ordinary course of business by the person, provided that the engineering or surveying activity is not a holding out or an offer to the public of engineering or surveying services, as prohibited by this Chapter. The engineering and surveying services may not be offered, performed, or rendered independently from the primary services rendered by the person. For purposes of this subdivision, "activities reasonably necessary and connected with the primary service" include the following:
1. Installation or servicing of the person's product or public utility service by employees of the person conducted outside the premises of the person's business.
2. Design, acquisition, installation, or maintenance of machinery, equipment, or apparatus incidental to the manufacture or installation of the product or public utility service performed by employees of the person upon property owned, leased, or used by the person.
3. Research and development performed in connection with the manufacturing, processing, or production of the person's product or public utility service by employees of the person.
The (i) preparation of fire sprinkler planning and design drawings by a fire sprinkler contractor licensed under Article 2 of Chapter 87 of the General Statutes, or (ii) the performance of internal engineering or survey work by a manufacturing or communications common carrier company, or by a research and development company, or by employees of those corporations provided that the work is in connection with, or incidental to products of, or nonengineering services rendered by those corporations or their affiliates.
The routine maintenance or servicing of machinery, equipment, facilities or structures, the work of mechanics in the performance of their established functions, or the inspection or supervision of construction by a foreman, superintendent, or agent of the architect or professional engineer, or services of an operational nature performed by an employee of a laboratory, a manufacturing plant, a public service corporation, or governmental operation.
The design of land application irrigation systems for an animal waste management plan, required by G.S. 143-215.10C, by a designer who exhibits, by at least three years of relevant experience, proficiency in soil science and basic hydraulics, and who is thereby listed as an Irrigation Design Technical Specialist by the North Carolina Soil and Water Conservation Commission.
The decommissioning of waste impoundments for animal waste management systems, as defined by G.S. 143-215.10B(3), by a person who is designated as a Technical Specialist in the Waste Utilization Plan/Nutrient Management Category by the North Carolina Soil and Water Conservation Commission. This subsection shall not apply to the design or installation of a spillway.

Engineering or surveying activities performed pursuant to this subdivision, where the safety of the public is directly involved, shall be under the responsible charge of a licensed professional engineer or licensed professional surveyor.

History

(1921, c. 1, s. 13; C.S., s. 6055(o); 1951, c. 1084, s. 1; 1975, c. 681, s. 1; 1995, c. 146, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 35; 1997-454, s. 1; 1998-118, s. 23; 2007-536, s. 1; 2011-183, s. 53; 2011-304, s. 7; 2014-120, s. 11(a); 2015-264, s. 47.5(b); 2017-108, s. 16; 2020-18, s. 7(a).)

Editor's Note. - Session Laws 2014-120, s. 60, is a severability clause.

Session Laws 2015-264, s. 91.7, is a severability clause.

Session Laws 2017-108, s. 21, is a severability clause.

Session Laws 2020-18, s. 16(a), is a severability clause.

Effect of Amendments. - Session Laws 2007-536, s. 1, effective August 31, 2007, substituted "Service, county employees, or employees of the Soil and Water Conservation Districts who have" for "Service having" following "Natural Resources Conservation" in subdivision (6); and made a minor stylistic change.

Session Laws 2011-183, s. 53, effective June 20, 2011, substituted "Armed Forces of the United States" for "armed forces" in subdivision (6).

Session Laws 2011-304, s. 7, effective June 26, 2011, deleted former subdivisions (2) and (3).

Session Laws 2014-120, s. 11(a), effective September 18, 2014, rewrote the section.

Session Laws 2015-264, s. 47.5(b), effective October 1, 2015, inserted "or public utility service" four times in subdivision (7a).

Session Laws 2017-108, s. 16, effective July 12, 2017, added subdivision (11).

Session Laws 2020-18, s. 7(a), effective June 12, 2020, in subdivision (6), added "or employees of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services," deleted "federal" preceding "engineering job," added "issued by the Natural Resources Conservation Service or the Soil and Water Conservation Commission," added "or for the planning, designing, or implementation of best management practices approved for cost-share funding pursuant to programs identified in G.S. 139-4(d)(9)," and made minor punctuation and stylistic changes.

Opinions of Attorney General

Preparation of Construction Drawings. - A town may not, under its land use ordinance, require that all construction drawings submitted for approval be prepared and sealed by a licensed professional engineer, to the exclusion of licensed professional architects. Such a restriction would be in excess of the powers granted the town. See opinion of Attorney General to Mr. Michael B. Brough, Carrboro Town Attorney, 59 N.C.A.G. 58 (1989).

§ 89C-25.1. Supervision of unlicensed individuals by licensed person.

In all circumstances in which unlicensed individuals are permitted under this Chapter to perform engineering or land surveying work, or both, under the supervision of a licensed engineer, land surveyor, or both, the Board may by regulation establish a reasonable limit on the number of unlicensed individuals which a licensee of the Board may directly or personally supervise at one time.

History

(1979, c. 819, s. 5; 1998-118, s. 24.)

§ 89C-25.2. Program of licensure by discipline.

The Board shall submit to the legislative committees of reference by July 1, 1981, a program of licensure by discipline and an analysis of the costs and merits thereof in order to permit the General Assembly to make a decision on the establishment of such a program. The "committees of reference" shall be the Senate and House Committees on State Government respectively or such other committees as the respective presiding officers may determine.

History

(1979, c. 819, s. 5.)

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 89C-26: Repealed by Session Laws 1997-309, s. 10.

§ 89C-27. Invalid sections; severability.

If any of the provisions of this Chapter, or if any rule, regulation or order thereunder, or if the application of such provision to any person or circumstance shall be held invalid, the remainder of this Chapter and the application of such provision of this Chapter or rule, regulation or order to persons or circumstances, other than those as to which it is held valid, shall not be affected thereby.

History

(1975, c. 681, s. 1.)

§ 89C-28. Existing licensure not affected.

Nothing in this Chapter shall be construed as affecting the status of licensure of any professional engineer or land surveyor who is rightfully in possession of a certificate of licensure duly issued by the Board and valid as of July 1, 1975.

History

(1951, c. 1084, s. 1; 1959, c. 1236, s. 2; 1975, c. 681, s. 1; 1998-118, s. 25.)