§ 43-19.1-02 — Definitions

North Dakota § 43-19.1-02

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-19.1: Professional Engineers and Land Surveyors

Text

In this chapter unless the context otherwise requires:
1. "Board" means the state board of registration for professional engineers and land
surveyors.
2. "Engineer" means a professional engineer.
3. "Engineer intern" means an individual who complies with the requirements for
education, experience, and character and who has passed an examination in the
fundamental engineering subjects, as provided in sections 43-19.1-12 and 43-19.1-15.
4. "Engineering surveys" means all survey activities required to support the sound
conception, planning, design, construction, maintenance, and operation of engineered
projects, which include locating or laying out alignments, positions, or elevations for
the construction of fixed works. The term does not include the surveying of real
property for the establishment of land boundaries, rights of way, easements, and the
dependent or independent surveys or resurveys of the public land survey system.
5. "Executive director" means the individual hired by the board to perform the duties
outlined in this chapter or such other duties as directed by the board.
6. "Land surveyor" means an individual engaged in the practice of land surveying.
7. "Land surveyor intern" means an individual who complies with the requirements for
education, experience, and character and who has passed an examination in the
fundamentals of mathematics and the basic principles of land surveying as required in
this chapter and as established by the board.
8. "Practice of engineering and practice of professional engineering" means 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,
engineering teaching of advanced engineering subjects or courses related thereto,
engineering surveys, and the inspection of construction for the purpose of assuring
compliance with drawings and specifications; any of which embraces such service or
work, either public or private, in connection with any utilities, structures, buildings,
machines, equipment, processes, work systems, or projects as are incidental to the
practice of engineering. A person must be construed to practice or offer to practice
engineering if the person practices any branch of the profession of engineering; if the
person, by verbal claim, sign, advertisement, letterhead, card, or in any other way
represents that the person is an engineer and is able to practice engineering in this
state if the person through the use of some other title implies that the person is an
engineer or that the person is registered under this chapter; or if the person holds out
as able to perform, or does perform any engineering service or work or any other

service that is recognized as engineering, for a valuable consideration for others,
including the public at large.
9. "Practice of land surveying":
a. Means making land boundary determinations by providing or offering to provide
professional services using such sciences as mathematics, geodesy, and
photogrammetry and involving the making of geometric measurements and
gathering related information pertaining to the physical or legal features of the
earth; improvements on the earth; and improvements on the space above, on, or
below the earth and providing, utilizing, or developing the same into land survey
products such as graphics, data, maps, plans, reports, descriptions, or projects.
As used in this subsection, professional services include acts of consultation,
investigation, testimony evaluation, expert technical testimony, planning,
mapping, assembling, and interpreting gathered measurements and information
related to any one or more of the following:
(1) Determining by measurement the configuration or contour of the earth's
surface or the position of fixed objects on the earth's surface;
(2) Determining by performing geodetic land surveys the size and shape of the
earth or the position of any point on the earth;
(3) Locating, relocating, establishing, re-establishing, or retracing property lines
or boundaries of any tract of land, road, right of way, or easement;
(4) Making any land survey for the division, subdivision, or consolidation of any
tract of land;
(5) Locating or laying out alignments, positions, or elevations for the
construction of fixed works;
(6) Determining by the use of principles of land surveying the position for any
survey monument, boundary or nonboundary, or reference point and
establishing or replacing any such monument or reference point; and
(7) Creating, preparing, or modifying electronic or computerized or other data
for the purpose of making land boundary determinations relative to the
performance of the activities in paragraphs 1 through 6.
b. Includes:
(1) Engaging in land surveying;
(2) By verbal claim, sign, advertisement, letterhead, card, or any other way
representing to a person to be a professional land surveyor;
(3) Through the use of some other title implying to be a professional land
surveyor or that the person is licensed or authorized under this chapter; and
(4) Holding out as able to perform or performing any land surveying service or
work or any other service designated by the practitioner which is recognized
as land surveying.
10. "Professional engineer" means an individual who by reason of special knowledge or
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, and who has been
registered and licensed by the state board of registration for professional engineers
and land surveyors.
11. "Professional land surveyor" means a land surveyor who complies with the
requirements for education, experience, and character and who has been registered
and licensed by the board.
12. "Responsible charge" means direct control and personal supervision of engineering or
surveying work.
13. "Retired registrant" means a duly registered professional engineer or land surveyor
who is not engaged in active professional practice and is not required to meet the
continuing professional education requirements as prescribed by the board. A retired
registrant is issued a certificate of registration indicating "retired" status.