HB 1286 - AS INTRODUCED
2024 SESSION
24-2078
09/08
HOUSE BILL 1286
AN ACT relative to merging the board of land surveyors and the board of professional engineers.
SPONSORS: Rep. C. McGuire, Merr. 27; Sen. Pearl, Dist 17
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill at the request of the office of professional licensure and certification merges the board of professional engineers and the board of land surveyors and establishes new provisions therefor.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2078
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to merging the board of land surveyors and the board of professional engineers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Professional Engineers and Land Surveyors. Amend the subheading before RSA 310-A:2 to read as follows:
Professional Engineers and Land Surveyors
2 Professional Engineers and Land Surveyors. RSA 310-A:2 through 310-A:27 is repealed and reenacted to read as follows:
310-A:2 Definitions.
As used in this subdivision:
I. "Board" means the board of professional engineers and land surveyors.
II. "Engineer of record" means a professional engineer who seals drawings, reports, or documents for a project. The seal shall acknowledge that the professional engineer prepared, coordinated, or had subordinates prepare under the direct supervision of the professional engineer, drawings, reports, or documents for a project. The engineer of record shall not be responsible for engineering work performed and sealed by other professional engineers, including independent consulting engineers who work under the coordination of the engineer of record.
III. “Engineering surveys" means any surveying activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineering projects by persons licensed under this subdivision, but shall exclude the surveying of real property for the establishment or reestablishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system.
IV. “Land Surveyor” means a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisite to the surveying of real property and engaged in the practice of land surveying.
V. "Practice of engineering" means any professional service or creative work requiring education, training, experience, and the application of advanced knowledge of mathematics and physical sciences, involving the constant exercise of discretion and judgment, to such services or work as consultation, investigation, evaluation, planning, design, responsible oversight of construction, and responsible oversight of operation, in connection with any public or private utilities, structure, buildings, machines, equipment, processes, works, or projects, wherein the public welfare, or the safeguarding of life, health, or property is concerned.
VI. “Practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography alignment and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys.
VII. "Professional engineer" means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.
310-A:3 Board of Professional Engineers and Land Surveyors.
I. To promote efficiency and economy, eliminate redundancies in licensure requirements, and reduce administrative costs, the regulation of professional engineers and land surveyor shall be held by one regulatory body. A board of professional engineers and land surveyors is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 2 of whom shall be professional engineers, 2 of whom shall be land surveyors, and one public member. The public member of the board shall be a person who is not, and never was, a member of the professional engineering or land surveying professions or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of engineering services, land surveying, or an activity directly related to engineering or land surveying, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a resident of this state. Each professional member shall have been engaged in at least 5 years of active, licensed professional practice prior to appointment. Members shall be appointed for 5-year terms, except that no more than one appointed member’s term may expire in any one calendar year. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
III. The board shall biennially elect a chairperson. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
310-A:4 Rulemaking Authority.
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Eligibility requirements for licensure or certification;
(b) Examination requirements;
(c) The eligibility requirements for renewal of a license, including the requirements for continuing education;
(d) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;
(e) What constitutes engineering experience for the purposes of RSA 310-A:6;
(f) Substantive requirements for assessing, compromising, and collecting civil penalties against licensees;
(g) Technical standards for forest, rural, and urban surveys, including minimum error of closure; and
(h) Standards for adequate deed research into the history of the subject parcel and adjacent tracts necessary for proper practice;
310-A:5 License Required; Exemptions.
I. No person shall practice professional engineering or land surveying in this state, except as permitted in this section, without a license issued under this chapter.
II. Nothing in this subdivision shall be construed to prevent or impact:
(a) The work of an employee or a subordinate of a person holding an engineering or land surveying license under this subdivision, provided that such work is done under the direct responsibility, checking, and supervision of a person holding a license under this subdivision;
(b) The practice of officers and employees of the government of the United States or New Hampshire while engaged within this state in the practice of engineering or land surveying for the federal or state government; or
(c) The practice of architecture by a duly licensed architect.
310-A:6 Licensed Professional Engineer.
I. The state recognizes the following routes to licensure:
(a) Individuals with a bachelor’s degree in engineering. The office shall issue a professional engineering license to a person who:
(1) Satisfactorily completes a bachelor’s level engineering curriculum accredited by the Accreditation Board for Engineering and Technology (ABET);
(2) Attains a passing score set by board rule on a fundamentals of engineering examination recognized by board rule;
(3) Completes 4 years or more of progressive engineering experience after graduation of a grade and character that indicate to the board that the applicant may be competent to practice engineering, at least 2 years of which shall be in the specialty discipline for which the license is sought. A master’s degree in engineering may be counted as one year of experience.
(4) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(5) Pays the required fee.
(b) Individuals with a master’s degree in engineering. The office shall issue a professional engineering license to an applicant who:
(1) Satisfactorily completes a bachelor’s level curriculum in a technical field related to engineering and master’s level engineering curriculum accredited by ABET;
(2) Attains a passing score set by board rule on a fundamentals of engineering examination recognized by board rule;
(3) Completes 4 years or more of progressive engineering experience after graduation from the master’s degree program and of a grade and character that indicate to the board that the applicant may be competent to practice engineering, at least 2 years of which shall be in the specialty discipline for which the license is sought;
(4) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(5) Pays the required fee.
(c) Individuals with a bachelor’s degree in engineering technology. The office shall issue a professional engineering license to an applicant who:
(1) Satisfactorily completes a bachelor’s level engineering technology curriculum accredited by ABET;
(2) Attains a passing score set by board rule on a fundamentals of engineering examination recognized by board rule;
(3) Completes 8 years or more of progressive engineering experience after graduation of a grade and character that indicate to the board that the applicant may be competent to practice engineering, at least 4 years of which shall be in the specialty discipline for which the license is sought;
(4) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(5) Pays the required fee.
(d) Individuals with 12 years of engineering experience. The office shall issue a professional engineering license to an applicant who:
(1) Attains a passing score set by board rule on a fundamentals of engineering examination recognized by board rule;
(2) Completes 12 years or more of progressive engineering experience after graduation of a grade and character that indicate to the board that the applicant may be competent to practice engineering, at least 6 years of which shall be in the specialty discipline for which the license is sought;
(3) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(4) Pays the required fee.
(e) Individuals with 16 years of engineering experience. The office shall issue a professional engineering license to an applicant who:
(1) Completes 16 years or more of progressive engineering experience of a grade and character that indicate to the board that the applicant may be competent to practice engineering, at least 8 years of which shall be in the specialty discipline for which the license is sought;
(2) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(3) Pays the required fee.
(f) Alternate route to licensure. The office shall issue a professional engineering license to an applicant who:
(1) Attains a passing score set by board rule on a fundamentals of engineering examination recognized by board rule;
(2) Completes education and experience that, in the judgment of the board, demonstrates a substantially equivalent level of preparation for engineering practice as required by subparagraph I(a), I(b), and I(c) of this section;
(3) Attains a passing score on a specialized examination recognized by board rule testing the principles and practices of engineering in the specialty discipline sought; and
(4) Pays the required fee.
II. Upon determining that an applicant is qualified for licensure in one or more specialty disciplines under paragraph I above, the office shall issue a license indicating the specialty discipline or disciplines. Upon determining that an existing licensee is qualified by application in an additional specialty discipline under paragraph I, the office shall issue a license to the licensee indicating all specialty disciplines.
310-A:7 Licensed Land Surveyor.
I. The office shall issue a license to any applicant who meets the following qualifications:
(a) An applicant who has graduated with a bachelor’s degree in land surveying from a program accredited by ABET, completed a 24-month internship, successfully completed a portfolio, and successfully completed the examinations required by the board may be granted a license; or
(b) An applicant who has graduated with an associate’s degree in land surveying from a program accredited by ABET, completed a 36-month internship, successfully completed a portfolio, and successfully completed the examinations required by the board may be granted a license; or
(c) An applicant who has completed a 72-month internship, successfully completed a portfolio, and successfully completed the examinations required by the board may be granted a license.
II. License examinations may consist of a national surveying examination selected by the board plus a state portion. The state portion shall be limited to those subjects and skills necessary to perform land surveying.
310-A:8 Business Organizations.
I. The rights to practice professional engineering and land surveying are personal rights based on the qualities of the individual and evidenced by a nontransferable license.
II. A corporation, limited liability company, partnership, association, individual proprietorship, or other business entity may furnish professional engineering or land surveying services, provided a member or employee thereof is licensed and is responsible for the work rendered.
III. A corporation, limited liability company, partnership, association, or individual proprietorship with which the professional engineer or land surveyor may practice shall be jointly and severally liable with the licensee for work performed.
310-A:9 Seal.
I. Each licensee shall obtain a seal of a design approved by the board according to rules promulgated pursuant to RSA 541-A.
II. Plans, specifications, reports, maps, plats, surveys, and other instruments of service issued by a licensee shall be signed and sealed by the licensee.
310-A:10 Misconduct.
I. Misconduct sufficient to support disciplinary proceedings under this subdivision shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of engineering or land surveying, as applicable.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.
(f) Mental or physical incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(i) Violations of the rules of professional conduct for professional engineers or land surveyors, as applicable, or any other rule adopted by the board.
(j) Providing false testimony before the board.
(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the office or the board as a result of any formal complaint.
(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of engineering or land surveying, as applicable.
3 Public Health; Oil Discharge or Spillage in Surface Water or Groundwater; Definitions. Amend RSA 146-A:2, XIV(c) to read as follows:
(c) For which preparation of a spill prevention, control, and countermeasure (SPCC) plan does not necessitate the practice of engineering as defined in [RSA 310-A:2, III] RSA 310-A:2, V.
4 New Hampshire Building Code; State Building Code Review Board. Amend RSA 155-A:10, I to read as follows:
I. There is established a state building code review board consisting of the commissioner of safety or the commissioner's designee, and the following members, appointed by the commissioner of safety:
(a) One architect licensed in this state for a minimum of 5 years, nominated by the board of architects established in RSA 310-A:29.
(b) One structural engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers and land surveyors established in RSA 310-A:3.
(c) One mechanical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers and land surveyors established in RSA 310-A:3.
(d) One electrical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers and land surveyors established in RSA 310-A:3.
(e) One representative of the state's municipalities, nominated by the New Hampshire Municipal Association.
(f) One municipal building official, nominated by the New Hampshire Building Officials Association.
(g) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.
(h) One active fire prevention officer, nominated by the New Hampshire Association of Fire Chiefs.
(i) One building contractor, primarily engaged in the business of constructing nonresidential buildings, nominated by the Associated General Contractors of New Hampshire.
(j) One building contractor primarily engaged in the business of constructing residential buildings, nominated by the New Hampshire Home Builders Association.
(k) One representative from the New Hampshire department of energy, nominated by the commissioner of the department of energy.
(l) One master plumber licensed in this state for a minimum of 5 years, nominated by the mechanical licensing board established in RSA 153:27-a.
(m) One mechanical contractor, primarily engaged in the business of mechanical construction, nominated by the Plumbers, Fuel Gas Fitters, and HVAC Association of New Hampshire.
(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the electricians' board established in RSA 319-C.
(o) One representative of the Committee on Architectural Barrier-Free Design nominated by the governor's commission on disability.
(p) One electrical contractor, nominated by Electrical Contractors Business Association.
5 Manufactured Housing Installation Standards; Board Established; Members; Terms; Chairperson. Amend RSA 205-D:2, I(b) to read as follows:
(b) One structural engineer or architect licensed in this state for a minimum of 5 years, nominated by the board of professional engineers and land surveyors established under RSA 310-A:3.
6 Office of Professional Licensure and Certification; Definitions; Establishment. Amend RSA 310:2, II(ee) to read as follows:
(ee) Board of professional engineers and land surveyors under RSA 310-A:3.
7 Repeal. The following are repealed:
I. RSA 310:2, II(r), relative to board of land surveyors.
II. RSA 310-A:53 through RSA 310-A:74, relative to land surveyors.
8 Effective Date. This act shall take effect 60 days after its passage.