KRS § 322.010 — KY Code / Title XXVI / Chapter 322 / Section 322.010
322.010 Definitions for chapter
Status: in_force

322.010 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Board" means the State Board of Licensure for Professional Engineers and Land

Surveyors;

(2) "Engineer" means a person who is qualified to engage in the practice of professional

engineering by reason of special knowledge and use of:

(a) The mathematical, physical, and engineering sciences; and

(b) The principles and methods of engineering analysis and design, acquired by

engineering education and practical engineering experience;

(3) "Professional engineer" means a person who is licensed as a professional engineer

by the board;

(4) "Engineering" means any professional service or creative work, the adequate

performance of which requires engineering education, training, and experience as an

engineer.

(a) "Engineering" shall include:

1. Consultation, investigation, evaluation, planning, certification, and

design of engineering works and systems;

a. Engineering design and engineering work associated with

design/build projects;

b. Engineering works and systems which involve earth materials,

water or other liquids, and gases;

c. Planning the use of land, air, and waters; and

d. Performing engineering surveys and studies;

2. The review of construction for the purpose of assuring compliance with

drawings and specifications; any of which embraces this service or

work, either public or private, in connection with any utilities, structures,

certain buildings, building systems, machines, equipment, processes,

work systems, or projects with which the public welfare or the

safeguarding of life, health, or property is concerned, when that

professional service or work requires the application of engineering

principles and data;

3. The teaching of engineering design courses in any program accredited by

the Engineering Accreditation Commission of the Accreditation Board

for Engineering and Technology or any engineering program deemed

equivalent by the board;

4. The negotiation or solicitation of engineering services on any project in

this state, regardless of whether the persons engaged in the practice of

engineering:

a. Are residents of this state;

b. Have their principal place of business in this state; or

c. Are in responsible charge of the engineering services performed;

and

5. The services of a professional engineer who engages in the practice of

land surveying incident to the practice of engineering that does not relate

to the location or determination of land boundaries.

(b) "Engineering" shall not include the professional services performed by

persons who:

1. Develop or administer construction project safety programs,

construction safety compliance, construction safety rules or regulations,

or related administrative regulations; or

2. Only operate or maintain machinery or equipment;

(5) "Practice of engineering" means the performance of any professional service

included in subsection (4)(a) of this section;

(6) "Engineer in training" means a person who has passed the Fundamentals of

Engineering Examination and is otherwise qualified to earn experience toward

licensure as a professional engineer;

(7) "Responsible charge of engineering" means direct control and personal supervision

of engineering, or teaching experience with the rank equivalent to assistant

professor or higher in a board-approved engineering program;

(8) "Land surveyor" means a person who is qualified to engage in the practice of land

surveying by reason of special knowledge and use of mathematics, the physical and

applied sciences, and the principles and methods of land surveying, acquired by

education and practical experience in land surveying;

(9) "Professional land surveyor" means a person who is licensed as a professional land

surveyor by the board;

(10) "Land surveying" means any professional service or work, the adequate

performance of which requires the education, training, and experience as a land

surveyor.

(a) "Land surveying" shall include but not be limited to the following:

1. Measuring and locating, establishing, or reestablishing lines, angles,

elevations, natural and man-made features in the air, on the surface and

immediate subsurface of the earth, within underground workings, and on

the beds or surfaces of bodies of water involving the:

a. Determination or establishment of the facts of size, shape,

topography, and acreage;

b. Establishment of photogrammetric and geodetic control that is

published and used for the determination, monumentation, or

description of property boundaries;

c. Subdivision, division, and consolidation of lands;

d. Measurement of existing improvements, including condominiums,

after construction and the preparation of plans depicting existing

improvements, if the improvements are shown in relation to

property boundaries;

e. Layout of proposed improvements, if those improvements are to be

referenced to property boundaries;

f. Preparation of subdivision record plats;

g. Determination of existing grades and elevations of roads and land;

h. Creation and perpetuation of alignments related to maps, record

plats, field note records, reports, property descriptions, and plans

and drawings that represent them; and

i. Certification of documents;

2. The negotiation or solicitation of land surveying services on any project

in this state, regardless of whether the persons engaged in the practice of

land surveying:

a. Are residents of this state;

b. Have their principal office or place of business in this state; or

c. Are in responsible charge of the land surveying services or work

performed; and

3. The preparation of survey descriptions for use in legal instruments

affecting real property or property rights. "Land surveying" does not

include the preparation of a physical description that identifies and

describes the tract, parcel, or lot by reference to the tract, parcel, lot,

block, or unit number of any subdivision, or other summary identifier

appearing on a properly recorded plat of record, or by reference to a deed

of record.

(b) "Land surveying" shall not include:

1. The measurement of crops or agricultural land area under any

agricultural program sponsored by an agency of the federal government

or the state of Kentucky;

2. The services of a professional engineer who engages in the practice of

land surveying incident to the practice of engineering, if the land

surveying work does not relate to the location or determination of land

boundaries; or

3. The design of grades and elevations of roads and land;

(11) "Practice of land surveying" means the performance of any professional service

included in subsection (10)(a) of this section;

(12) "Land surveyor in training" means a person who has passed the Fundamentals of

Land Surveying Examination and is otherwise qualified to earn experience toward

licensure as a professional land surveyor;

(13) "Responsible charge of land surveying" means direct control and personal

supervision of land surveying, or teaching experience with the rank equivalent to

assistant professor or higher in a board-approved land surveying program;

(14) "Business entity" means a corporation, partnership, limited liability company,

limited partnership, or firm;

(15) "Offer to practice" means:

(a) A promise or commitment to engage in any act directly related to engineering

or land surveying;

(b) Undertaking to engage in the practice of engineering or land surveying; or

(c) Any claim, express or implied, by any person representing himself or herself

to be a professional engineer or professional land surveyor;

(16) "Certification" means affixing a seal or stamp, signature, and date by a professional

engineer or professional land surveyor to represent that the services or work

addressed therein was performed by that professional engineer or professional land

surveyor according to his or her knowledge, information, and belief, and that it was

completed in accordance with applicable standards of practice. "Certification" shall

not mean a guaranty or warranty, either express or implied;

(17) The "Fundamentals of Engineering Examination" means the examination with that

name developed by the National Council of Examiners for Engineering and

Surveying;

(18) The "Fundamentals of Land Surveying Examination" means the examination with

that name developed by the National Council of Examiners for Engineering and

Surveying;

(19) The "Principles and Practice of Engineering Examination" means the examination

with that name developed by the National Council of Examiners for Engineering

and Surveying; and

(20) The "Principles and Practice of Land Surveying Examination" means the

examination with that name developed by the National Council of Examiners for

Engineering and Surveying.