§ 58-22-305 — Exemption from licensure.

(1) In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the following acts or practices without being licensed under this chapter:

(1)(a) a person offering to render professional engineering, professional structural engineering, or professional land surveying services in this state when not licensed under this chapter if the person:
(1)(a)(i) holds a current and valid professional engineer, professional structural engineer, or professional land surveyor license issued by a licensing authority recognized by rule by the division in collaboration with the board;
(1)(a)(ii) discloses in writing to the potential client the fact that the professional engineer, professional structural engineer, or professional land surveyor:

(1)(a)(ii)(A) is not licensed in the state;
(1)(a)(ii)(B) may not provide professional engineering, professional structural engineering, or professional land surveying services in the state until licensed in the state; and
(1)(a)(ii)(C) that such condition may cause a delay in the ability of the professional engineer, professional structural engineer, or professional land surveyor to provide licensed services in the state;
(1)(a)(iii) notifies the division in writing of the person's intent to offer to render professional engineering, professional structural engineering, or professional land surveying services in the state; and
(1)(a)(iv) does not provide professional engineering, professional structural engineering, or professional land surveying services, or engage in the practice of professional engineering, professional structural engineering, or professional land surveying in this state until licensed to do so;
(1)(b) a person preparing a plan and specification for a one or two-family residence not exceeding two stories in height;
(1)(c) a person licensed to practice architecture under Title 58, Chapter 3a, Architects Licensing Act, performing architecture acts or incidental engineering or structural engineering practices that do not exceed the scope of the education and training of the person performing engineering or structural engineering;
(1)(d) unlicensed employees, subordinates, associates, or drafters of a person licensed under this chapter while preparing plans, maps, sketches, drawings, documents, specifications, plats, and reports under the supervision of a professional engineer, professional structural engineer, or professional land surveyor;
(1)(e) a person preparing a plan or specification for, or supervising the alteration of or repair to, an existing building affecting an area not exceeding 3,000 square feet when structural elements of a building are not changed, such as foundations, beams, columns, and structural slabs, joists, bearing walls, and trusses;
(1)(f) an employee of a communications, utility, railroad, mining, petroleum, or manufacturing company, or an affiliate of such a company, if the professional engineering or professional structural engineering work is performed solely in connection with the products or systems of the company and is not offered directly to the public;
(1)(g) an organization engaged in the practice of professional engineering, structural engineering, or professional land surveying, provided that:
(1)(g)(i) the organization employs a principal; and
(1)(g)(ii) all individuals employed by the organization, who are engaged in the practice of professional engineering, structural engineering, or land surveying, are licensed or exempt from licensure under this chapter;
(1)(h) a person licensed as a professional engineer, a professional structural engineer, or a professional land surveyor in a state other than Utah serving as an expert witness, provided the expert testimony meets one of the following:
(1)(h)(i) oral testimony as an expert witness in an administrative, civil, or criminal proceeding; or
(1)(h)(ii) written documentation included as part of the testimony in a proceeding, including designs, studies, plans, specifications, or similar documentation, provided that the purpose of the written documentation is not to establish specifications, plans, designs, processes, or standards to be used in the future in an industrial process, system, construction, design, or repair;
(1)(i) a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Water-Based System Layout, who submits a fire sprinkler system to the authority having jurisdiction, the fire code official, or the building official for approval;
(1)(j) a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Fire Alarm Systems, who submits a fire alarm system layout to the authority having jurisdiction, the fire code official, or the building official for approval;
(1)(k) a fire code or building official reviewing construction documents for code compliance; and
(1)(l) a fire code or building official conducting an inspection for code compliance.
(2) Nothing in this section shall be construed to restrict a person from preparing plans for a client under the exemptions provided in Subsections (1)(b), (1)(i), or (1)(j), or taking those plans to a professional engineer for the engineer's review, approval, and subsequent fixing of the engineer's seal to that set of plans.

Legislative History

Amended by Chapter 28, 2022 General Session