California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 404 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the rules and regulations contained in
				  this chapter, the following terms are defined. No definition contained herein
				  authorizes the practice of professional engineering as defined in the
				  Professional Engineers Act.
(a) "ABET"
				means ABET, Inc., formerly known as the Accreditation Board for Engineering and
				Technology.
(b) "Agricultural
				engineering" is that branch of professional engineering which requires such
				education and experience as is necessary to understand and apply engineering
				principles to the design, construction, and use of specialized equipment,
				machines structures and materials relating to the agricultural industry and
				economy. It requires knowledge of the engineering sciences relating to physical
				properties and biological variables of foods and fibers; atmospheric phenomena
				as they are related to agricultural operations; soil dynamics as related to
				traction, tillage and plant-soil-water relationships; and human factors
				relative to safe design and use of agricultural machines. The safe and proper
				application and use of agricultural chemicals and their effect on the
				environment are also concerns of the agricultural engineers. The above
				definition of agricultural engineering shall not be construed to permit the
				practice of civil, electrical or mechanical engineering, nor professional
				forestry.
(c) "Approved Cooperative
				Work-Study Engineering Curriculum" refers to any curriculum under an ABET
				accredited cooperative work-study engineering program.
(d) "Approved Cooperative Work-Study Land
				Surveying Curriculum" refers to any curriculum under an ABET accredited
				cooperative work-study surveying program.
(e) "Approved Engineering Curriculum" refers
				to any curriculum under an ABET accredited engineering program leading to a
				baccalaureate degree in engineering.
(f) "Approved Engineering Technology
				Curriculum" refers to any curriculum under an ABET accredited engineering
				program leading to a four-year degree or a baccalaureate degree in
				technology.
(g) "Approved Land
				Surveying Curriculum" refers to any curriculum under an ABET accredited program
				leading to a baccalaureate degree.
(h) "Approved Post-Graduate Engineering
				Curriculum" refers to any curriculum under an ABET accredited engineering
				program leading to a master's degree in engineering or to a post-graduate
				degree earned from an engineering program where the baccalaureate degree
				program is accredited by ABET.
(i)
				"Board" means the Board for Professional Engineers, Land Surveyors, and
				Geologists.
(j) "Chemical
				engineering" is that branch of professional engineering which embraces studies
				or activities relating to the development and application of processes in which
				chemical or physical changes of materials are involved. These processes are
				usually resolved into a coordinated series of unit physical operations and unit
				chemical processes. It is concerned with the research, design, production,
				operational, organizational, and economic aspects of the above. The above
				definition of chemical engineering shall not be construed to permit the
				practice of civil, electrical or mechanical engineering.
(k) "Civil engineer" refers to a person who
				holds a valid license in the branch of civil engineering, as defined in Section
				6702 of the Code.
(l) "Civil engineering" is that branch of
				professional engineering as defined in Section
				6731 of the Code.
(m) "Code" means the Business and Professions
				Code.
(n) "Consulting engineer"
				refers to any professional engineer who holds a valid license under the
				provisions of the code, or a person who possesses a valid authorization issued
				pursuant to Section
				6732.2 of the Code, or a person
				who holds a valid exemption from provisions of the chapter as provided for in
				Sections 6704 and
				6732.1 of the Code.
(o) "Control system engineering" is that
				branch of professional engineering which requires such education and experience
				as is necessary to understand the science of instrumentation and automatic
				control of dynamic processes; and requires the ability to apply this knowledge
				to the planning, development, operation, and evaluation of systems of control
				so as to insure the safety and practical operability of such processes. The
				above definition of control system engineering shall not be construed to permit
				the practice of civil, electrical, or mechanical engineering.
(p) "Corrosion engineering" is that branch of
				professional engineering which requires such education and experience as is
				necessary to understand the environmental corrosion behavior of materials; and
				requires the ability to apply this knowledge by recommending procedures for
				control, protection and cost effectiveness, resulting from the investigation of
				corrosion causes or theoretical reactions. The above definition of corrosion
				engineering shall not be construed to permit the practice of civil, electrical,
				or mechanical engineering.
(q)
				"Electrical engineer" refers to a person who holds a valid license in the
				branch of electrical engineering, as defined in Section
				6702.1 of the Code.
(r) "Electrical engineering" is that branch
				of professional engineering as defined in Section
				6731.5 of the Code.
(s) "Engineer-in-training" refers to a person
				who has been granted a certificate as an "engineer-in-training" in accordance
				with Section
				6756 of the Code.
(t) "Fire protection engineering" is that
				branch of professional engineering which requires such education and experience
				as is necessary to understand the engineering problems relating to the
				safeguarding of life and property from fire and fire-related hazards; and
				requires the ability to apply this knowledge to the identification, evaluation,
				correction, or prevention of present or potential fire and fire related panic
				hazards in buildings, groups of buildings, or communities, and to recommend the
				arrangement and use of fire resistant building materials and fire detection and
				extinguishing systems, devices, and apparatus in order to protect life and
				property. The above definition of fire protection engineering shall not be
				construed to permit the practice of civil, electrical, or mechanical
				engineering.
(u) For the sole
				purpose of investigating complaints and making findings thereon under Sections
				6775 and
				8780 of the Code, "incompetence"
				as used in Sections
				6775 and
				8780 of the Code is defined as the
				lack of knowledge or ability in discharging professional obligations as a
				professional engineer or land surveyor.
(v) "Industrial engineering" is that branch
				of professional engineering which requires such education and experience as is
				necessary to investigate, to design, and to evaluate systems of persons,
				materials and facilities for the purpose of economical and efficient
				production, use, and distribution. It requires the application of specialized
				engineering knowledge of the mathematical and physical sciences, together with
				the principles and methods of engineering analysis and design to specify,
				predict, and to evaluate the results to be obtained from such systems. The
				above definition of industrial engineering shall not be construed to permit the
				practice of civil, electrical, or mechanical engineering.
(w) "Land surveying" is that practice defined
				in Section
				8726 of the Code.
(x) "Land surveyor" refers to a person who
				holds a valid license as a land surveyor, as defined in Section
				8701 of the Code.
(y) "Land surveyor-in-training" refers to a
				person who has been granted a certificate as a "land surveyor-in-training" in
				accordance with Section
				8747(a) of the
				Code.
(z) "Manufacturing
				engineering" is that branch of professional engineering which requires such
				education and experience as is necessary to understand and apply engineering
				procedures in manufacturing processes and methods of production of industrial
				commodities and products; and requires the ability to plan the practices of
				manufacturing, to research and develop the tools, processes, machines, and
				equipment, and to integrate the facilities and systems for producing quality
				products with optimal expenditure. The above definition of manufacturing
				engineering shall not be construed to permit the practice of civil, electrical,
				or mechanical engineering.
(aa)
				"Mechanical engineer" refers to a person who holds a valid license in the
				branch of mechanical engineering, as defined in Section
				6702.2 of the Code.
(bb) "Mechanical engineering" is that branch
				of professional engineering as defined in Section
				6731.6 of the Code.
(cc) "Metallurgical engineering" is that
				branch of professional engineering, which requires such education and
				experience as is necessary to seek, understand and apply the principles of the
				properties and behavior of metals in solving engineering problems dealing with
				the research, development and application of metals and alloys; and the
				manufacturing practices of extracting, refining and processing of metals. The
				above definition of metallurgical engineering shall not be construed to permit
				the practice of civil, electrical, or mechanical engineering.
(dd) For the sole purpose of investigating
				complaints and making findings thereon under Sections
				6775 and
				8780 of the Code, "negligence" as
				used in Sections
				6775 and
				8780 of the Code is defined as the
				failure of a licensee, in the practice of professional engineering or land
				surveying, to use the care ordinarily exercised in like cases by duly licensed
				professional engineers and land surveyors in good standing.
(ee) "Non-Approved Engineering Curriculum"
				refres to any engineering program that has not been accredited by
				ABET.
(ff) "Non-Approved Land
				Surveying Curriculum" refers to any land surveying program that has not been
				accredited by ABET.
(gg) "Nuclear
				engineering" is that branch of professional engineering which requires such
				education and experience as is necessary to apply the principles of nuclear
				physics to the engineering utilization of nuclear phenomena for the benefit of
				mankind; it is also concerned with the protection of the public from the
				potential hazards of radiation and radioactive materials. Nuclear engineering
				is primarily concerned with interaction of radiation and nuclear particles with
				matter. Nuclear engineering requires the application of specialized knowledge
				of the mathematical and physical sciences, together with the principles and
				methods of engineering design and nuclear analysis to specify, predict and
				evaluate the behavior of systems involving nuclear reactions, and to ensure the
				safe, efficient operation of these systems, their nuclear products and
				by-products. Nuclear engineering encompasses, but is not limited to, the
				planning and deign of the specialized equipment and process systems of nuclear
				reactor facilities; and the protection of the public from any hazardous
				radiation produced in the entire nuclear reaction process. These activities
				include all aspects of the manufacture, transportation and use of radioactive
				materials. The above definition of nuclear engineering shall not be construed
				to permit the practice of civil, electrical, or mechanical
				engineering.
(hh) "Petroleum
				engineering" is that branch of professional engineering which embraces studies
				or activities relating to the exploration, exploitation, location, and recovery
				of natural fluid hydrocarbons. It is concerned with research, design,
				production, and operation of devices, and the economic aspects of the above.
				The above definition of petroleum engineering shall not be construed to permit
				the practice of civil, electrical, or mechanical engineering.
(ii) "Professional engineer" refers to a
				person engaged in the practice of professional engineering as defined in
				Section 6701 of the Code.
(jj) "Professional engineering" within the
				meaning of this chapter comprises the following branches: agricultural
				engineering, chemical engineering, civil engineering, control systems
				engineering, corrosion engineering, electrical engineering, fire protection
				engineering, industrial engineering, manufacturing engineering, mechanical
				engineering, metallurgical engineering, nuclear engineering, petroleum
				engineering, quality engineering, safety engineering, and traffic
				engineering.
(kk) "Quality
				engineering" is that branch of professional engineering which requires such
				education and experience as is necessary to understand and apply the principles
				of product and service quality evaluation and control in the planning,
				development and operation of quality control systems, and the application and
				analysis of testing and inspection procedures; and requires the ability to
				apply metrology and statistical methods to diagnose and correct improper
				quality control practices to assure product and service reliability and
				conformity to prescribed standards. The above definition of quality engineering
				shall not be construed to permit the practice of civil, electrical, or
				mechanical engineering.
(ll)
				"Safety engineering" is that branch of professional engineering which requires
				such education and experience as is necessary to understand the engineering
				principles essential to the identification, elimination and control of hazards
				to people and property; and requires the ability to apply this knowledge to the
				development, analysis, production, construction, testing, and utilization of
				systems, products, procedures and standards in order to eliminate or optimally
				control hazards. The above definition of safety engineering shall not be
				construed to permit the practice of civil, electrical, or mechanical
				engineering.
(mm) "Soil engineer"
				refers to a civil engineer who holds a valid authorization to use the title
				"soil engineer," as provided in Section
				6736.1 of the Code.
(nn) "Soil engineering," as it relates to the
				authorization to use the title "soil engineer," is the investigation and
				engineering evaluation of earth materials including soil, rock, groundwater and
				man-made materials and their interaction with earth retention systems,
				structural foundations and other civil engineering works. The practice involves
				application of the principles of soil mechanics and the earth sciences, and
				requires a knowledge of engineering laws, formulas, construction techniques and
				performance evaluation of civil engineering works influenced by earth
				materials.
The terms "geotechnical engineer" and "soils engineer" are
				  deemed to be synonymous with the term "soil engineer."
(oo) "Structural engineer" refers to a civil
				engineer who holds a valid authorization to use the title "structural
				engineer," as provided in Section
				6736 of the Code.
(pp) "Structural engineering" for the
				purposes of structural authority is the application of specialized civil
				engineering knowledge and experience to the design and analysis of buildings
				(or other structures) which are constructed or rehabilitated to resist forces
				induced by vertical and horizontal loads of a static and dynamic nature. This
				specialized knowledge includes familiarity with scientific and mathematical
				principles, experimental research data and practical construction methods and
				processes. The design and analysis shall include consideration of stability,
				deflection, stiffness and other structural phenomena that affect the behavior
				of the building (or other structure).
(qq) "Traffic engineering" is that branch of
				professional engineering which requires such education and experience as is
				necessary to understand the science of measuring traffic and travel and the
				human factors relating to traffic generation and flow; and requires the ability
				to apply this knowledge to planning, operating, and evaluating streets and
				highways and their networks, abutting lands and interrelationships with other
				modes of travel, to provide safe and efficient movement of people and goods.
				The above definition of traffic engineering shall not be construed to permit
				the practice of civil, electrical, or mechanical
				engineering.
1. Editorial
				  correction of subsection (z) (Register 75, No. 50). For prior history, see
				  Register 75, No. 10.
2. New subsection (g-g) filed 2-10-76;
				  effective thirtieth day thereafter (Register 76, No. 7).
3.
				  Amendment of subsection (o) filed 1-12-77; effective thirtieth day thereafter
				  (Register 77, No. 3).
4. Amendment of subsection (e) and repealer of
				  subsection (g-g) filed 7-3-80; effective thirtieth day thereafter (Register 80,
				  No. 27).
5. Amendment filed 8-10-83; effective thirtieth day
				  thereafter (Register 83, No. 33).
6. Amendment filed 6-26-86;
				  designated effective 7-1-86 (Register 86, No. 26).
7. Amendment of
				  subsection (ff) filed 9-25-89; operative 10-25-89 (Register 89, No.
				  40).
8. Change without regulatory effect amending section and NOTE
				  filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
9. Amendment of subsection (k),
				  new subsections (n) and (w), subsection relettering, amendment of newly
				  designated subsection (u) and amendment of NOTE filed 3-13-2003; operative
				  4-12-2003 (Register 2003, No. 11).
10. Change without regulatory
				  effect amending subsection (b) filed 2-23-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 8).
11. New subsections (a), (c)-(h)
				  and (ee)-(ff), subsection relettering and amendment of NOTE filed 4-11-2011;
				  operative 5-11-2011 (Register 2011, No. 15).
Note: Authority cited: Sections
					 6716,
					 6717,
					 6751.5
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6701,
					 6702,
					 6702.1,
					 6702.2,
					 6704,
					 6706.3,
					 6710,
					 6730,
					 6731,
					 6731.5,
					 6731.6,
					 6732,
					 6732.1,
					 6732.2,
					 6732.3,
					 6734,
					 6734.1,
					 6734.2,
					 6736,
					 6736.1,
					 6751,
					 6751.2,
					 6751.5,
					 6753,
					 6756,
					 6763,
					 6775,
					 8701,
					 8726,
					 8741,
					 8742,
					 8747
					 and
					 8780,
					 Business and Professions Code.