State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_89C > GS_89C-3

§ 89C‑3.  Definitions.

The following definitionsapply in this Chapter:

(1)        Board. – The NorthCarolina State Board of Examiners for Engineers and Surveyors provided for bythis Chapter.

(1a)      Business firm. – Apartnership, firm, association, or another organization or group that is not acorporation and is acting as a unit.

(2)        Engineer. – A personwho, by reason of special knowledge and use of the mathematical, physical andengineering sciences and the principles and methods of engineering analysis anddesign, acquired by engineering education and engineering experience, isqualified to practice engineering.

(3)        Engineering intern.– A person who complies with the requirements for education, experience andcharacter, and has passed an examination in the fundamental engineeringsubjects, as provided in this Chapter.

(3a)      Inactive licensee. –Licensees who are not engaged in the practice of engineering or land surveyingin this State.

(4)        Land surveyorintern. – A person who has qualified for, taken, and passed an examination onthe basic disciplines of land surveying as provided in this Chapter.

(5)        Person. – Anynatural person, firm, partnership, corporation or other legal entity.

(6)        Practice ofengineering. –

a.         Any service orcreative work, the adequate performance of which requires engineeringeducation, training, and experience, in the application of special knowledge ofthe mathematical, physical, and engineering sciences to such services orcreative work as consultation, investigation, evaluation, planning, and designof engineering works and systems, planning the use of land and water,engineering surveys, and the observation of construction for the purposes ofassuring compliance with drawings and specifications, including theconsultation, investigation, evaluation, planning, and design for eitherprivate or public use, in connection with any utilities, structures, buildings,machines, equipment, processes, work systems, projects, and industrial orconsumer products or equipment of a mechanical, electrical, hydraulic,pneumatic or thermal nature, insofar as they involve safeguarding life, healthor property, and including such other professional services as may be necessaryto the planning, progress and completion of any engineering services.

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

b.         The term"practice of engineering" shall not be construed to permit thelocation, description, establishment or reestablishment of property lines ordescriptions of land boundaries for conveyance. The term does not include theassessment of an underground storage tank required by applicable rules atclosure or change in service unless there has been a discharge or release ofthe product from the tank.

(7)        Practice of landsurveying. –

a.         Providingprofessional services such as consultation, investigation, testimony,evaluation, planning, mapping, assembling, and interpreting reliable scientificmeasurements and information relative to the location, size, shape, or physicalfeatures of the earth, improvements on the earth, the space above the earth, orany part of the earth, whether the gathering of information for the providingof these services is accomplished by conventional ground measurements, byaerial photography, by global positioning via satellites, or by a combinationof any of these methods, and the utilization and development of these facts andinterpretations into an orderly survey map, plan, report, description, orproject. 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 ofthe fixed works embraced within the practice of professional engineering;

3.         Making any surveyfor the subdivision of any tract of land, including the topography, alignmentand grades of streets and incidental drainage within the subdivision, and thepreparation and perpetuation of maps, record plats, field note records, andproperty descriptions that represent these surveys;

4.         Determining, by theuse of the principles of land surveying, the position for any survey monumentor reference point, or setting, resetting, or replacing any survey monument orreference point;

5.         Determining theconfiguration or contour of the earth's surface or the position of fixedobjects on the earth's surface by measuring lines and angles and applying theprinciples of mathematics or photogrammetry;

6.         Providing geodeticsurveying which includes surveying for determination of the size and shape ofthe earth both horizontally and vertically and the precise positioning ofpoints on the earth utilizing angular and linear measurements through spatiallyoriented spherical geometry; and

7.         Creating, preparing,or modifying electronic or computerized data, including land informationsystems and geographic information systems relative to the performance of thepractice of land surveying.

b.         The term"practice of land surveying" shall not be construed to permit thedesign or preparation of specifications for (i) major highways; (ii) wastewatersystems; (iii) wastewater or industrial waste treatment works; (iv) pumping orlift stations; (v) water supply, treatment, or distribution systems; (vi)streets or storm sewer systems except as incidental to a subdivision.

(8)        Professionalengineer. – A person who has been duly licensed as a professional engineer bythe Board established by this Chapter.

(8a)      Professionalengineer, retired. – A person who has been duly licensed as a professionalengineer by the Board and who chooses to relinquish or not to renew a licenseand who applies to and is approved by the Board to be granted the use of thehonorific title "Professional Engineer, Retired".

(9)        Professional landsurveyor. – A person who, by reason of special knowledge of mathematics,surveying principles and methods, and legal requirements which are acquired byeducation and/or practical experience, is qualified to engage in the practiceof land surveying, as attested by the person's licensure as a professional landsurveyor by the Board.

(9a)      Professional landsurveyor, retired. – A person who has been duly licensed as a professional landsurveyor by the Board and who chooses to relinquish or not to renew a licenseand who applies to and is approved by the Board to be granted the use of thehonorific title "Professional Land Surveyor, Retired".

(10)      Responsible charge. –Direct control and personal supervision, either of engineering work or of landsurveying, as the case may be. (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.)