Alabama Administrative Code › Title 330 - ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Chapter 330-X-2 - DEFINITIONS › Section 330-X-2-.01 - Definitions Of Terms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Section
			 34-11-1,
Code of Ala.
			 1975
, provides for definitions of the following terms: Board,
			 engineer or professional engineer, engineer intern, practice of engineering,
			 land surveyor or professional land surveyor, land surveyor intern, practice of
			 land surveying, practice and offer to practice, and responsible
			 charge.
(2) The terms
			 "consultation," "investigation," "evaluation," and "planning" as used in the
			 definition of the practice of engineering set forth in Section
			 34-11-1(7),
Code of Ala. 1975
, shall include, but are not limited
			 to, services provided by testing laboratories involving the selection of proper
			 tests to be performed (consultation and planning) when done for the purpose of
			 developing design criteria or for the purpose of determining cause of failures
			 (investigation) and analyses to provide recommendations for the foundation and
			 materials to be used in the design or judgment which relate to the
			 acceptability of structural or foundation construction (evaluation). Testing
			 and inspection do not constitute the practice of engineering (1) when they are
			 performed in accordance with previously written standards or specifications or
			 satisfy the standards setting forth the methods and techniques to be followed
			 by the testing agency and no judgment is required other than a comparison of
			 the materials in place with the previously specified standards or (2) when
			 testing or inspection data are collected in conformance with a specific
			 standard.
Any attempt to determine the structural integrity or capacity
				of a building, or any sub-system thereof, other than detection of problems by
				visual inspection or normal operation of the user's controls, constitutes the
				practice of engineering.
(3) The term "gross negligence" as used in
			 Section 34-11-11(a)(2),
Code of Ala. 1975
, shall mean the practice of
			 engineering or land surveying by a licensee characterized by the reckless
			 disregard for the rights, safety, or welfare of others, which could result in
			 injury or loss of life or damage to property or financial loss.
(4) The term "incompetency" as used in
			 Section 34-11-11(a)(2),
Code of Ala. 1975
, shall mean the practice of
			 engineering or land surveying by a licensee who is either incapable of
			 exercising ordinary care and diligence, or who lacks the ability and skill
			 necessary to properly perform the duties he or she undertakes, or who is not
			 qualified by experience and/or education to perform adequately and
			 competently.
(5) The term
			 "misconduct" as used in Section
			 34-11-11(a)(2),
Code of Ala. 1975
, shall mean the practice of
			 engineering or land surveying by a licensee who performs any acts, causes
			 omissions or makes any assertions or representations which are fraudulent,
			 deceitful, or misleading, or which in any manner whatsoever discredits or tends
			 to discredit the profession of engineering or land surveying.
(6) The term managing agent of the firm as
			 used in Section
			 34-11-9,
Code of Ala.
			 1975
, and Section 330-X-15.01 of the Administrative Code shall
			 also be construed to mean "the engineer" or "land surveyor" which is defined as
			 the senior technical person who is a licensed professional engineer or licensed
			 professional land surveyor and who makes significant technical and/or
			 contractual judgments on behalf of the firm which would affect the firm's
			 professional reputation and liability. and Section 330-X-15.01 of the
			 Administrative Code shall also be construed to mean "principal engineer" or
			 "principal land surveyor" which is defined as the designated person who is a
			 licensed professional engineer or licensed professional land surveyor and who
			 makes significant technical and/or contractual judgments on behalf of the firm
			 which would affect the firm's professional reputation and liability. The
			 managing agent's responsibilities include overall supervision of the firm's
			 licensed and subordinate personnel providing engineering or surveying work in
			 Alabama and the institution and adherence of policies of the firm.
(7) The term "Certification" when used in
			 conjunction with the sealing of documents shall mean a statement signed,
			 sealed, and dated by a licensed professional engineer or licensed professional
			 land surveyor representing that the engineering or land surveying services
			 addressed therein, as defined in Section
			 34-11-1,
Code of Ala.
			 1975
, have been performed by the licensed professional engineer or
			 licensed professional land surveyor based on knowledge and information in
			 accordance with commonly accepted procedures consistent with acceptable
			 standards of practice, and is not a guaranty or warranty, either expressed or
			 implied.
(8) The acronym NCEES as
			 used in Chapter 330-X means the National Council of Examiners for Engineering
			 and Surveying.
(9) The term
			 "jurisdiction" shall mean any state, district, or territory of the United
			 States.
(10) The term "Signature"
			 shall mean handwritten or digital as follows:
(a) A handwritten message identification
			 containing the name of the person who applied it; or
(b) A digital signature associated with an
			 electronic document must have reasonable security measures in place which
			 include but are not limited to:
1. Unique to
			 the person using it,
2. Capable of
			 verification, and
3. Under the sole
			 control of the person using it.
5.
			 A digital signature that uses a process approved by the board will be presumed
			 to meet the criteria set forth in subsections (b)1. through (b)4.
			 above.