Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXI - Professional Engineers and Land Surveyors › Chapter 1 - General Provisions › Section LXI-105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The words and
				phrases defined in
				R.S.
				37:682 shall apply to these rules. In
				addition, the following words and phrases shall have the following meanings,
				unless the content of the rules clearly states otherwise.
ABET
- Accreditation Board for Engineering
				  and Technology, Inc.
ANSAC/ABET
- the Applied and Natural Science
				  Accreditation Commission of ABET.
Accredited Engineering Curriculum
- a
				  curriculum approved by EAC/ABET as an engineering academic program that
				  satisfies the academic requirements for the practice of engineering at the
				  professional level.
Accredited Land Surveying Curriculum
-a
				  curriculum approved by ANSAC/ABET, EAC/ABET or ETAC/ABET as a land surveying or
				  geomatics academic program that satisfies the academic requirements for the
				  practice of land surveying at the professional level.
Act
or
Licensure
				  Law
-R.S. 37:681-37:703, including any
				  amendments thereto. This law empowers the board to regulate the practice of
				  engineering and land surveying in the state of Louisiana.
Benefits of Any Substantial Nature or Significant
				  Gratuity
- as used in the rules of professional conduct, shall mean any
				  acts, articles, money or other material possessions which are of such value or
				  proportion that their acceptance could reasonably be expected to create an
				  obligation on the part of the receivers, or otherwise compromise their ability
				  to exercise their own judgment, without regard to such benefit or
				  gratuity.
Bona Fide Employee
- an individual in the
				  service of an employer under a contract of hire, expressed or implied, oral or
				  written, where the employer has the power or right to control and direct the
				  employee in the material details of how the work is to be performed and the
				  employer pays wages or a salary directly to the employee, pays a share of
				  social security and federal unemployment tax, withholds federal income tax and
				  the employee's share of Social Security payments, provides training, furnishes
				  tools and materials, and sets hours of work. Generally such employees work
				  full-time for the employer, perform work at a location assigned by the employer
				  and do not offer their services to the general public.
Bona Fide Established Commercial Marketing
				  Agency
- a business which is specifically devoted to public relations,
				  advertising and promoting the services of a client, and which may be
				  appropriately licensed as required by state law.
ETAC/ABET
-the Engineering Technology
				  Accreditation Commission of ABET.
Employees
- for purposes of
				  R.S.
				  37:701(C) only, shall
				  mean:
a. any and all individuals to or
				for whom a firm engaged in industrial operations pays salary or other
				compensation, withholds taxes, provides benefits or pays workers' compensation
				and/or liability insurance, including without limitation all individuals
				covered by the definition of
bona fide employee
as set forth
				in the rules of the board; or
b. any
				and all individuals whose conduct a firm engaged in industrial operations has
				the right to control, including the right to hire, fire or directly supervise,
				the right to set the individual's work schedule and job duties, or the right to
				set the terms and conditions of employment, including without limitation
				individuals supplied through an employment agency or consultant firm.
Firm
-a domestic or foreign firm,
				  partnership, association, cooperative, venture, corporation, limited liability
				  company, limited liability partnership, or other entity.
Fraud
,
Deceit
, or
Misrepresentation
- as used in
				  R.S.
				  37:698(A)(1) or (2) or
				  R.S.
				  37:700(A)(3), shall mean
				  intentional deception to secure gain, through attempts to deliberately conceal,
				  mislead, or misrepresent the truth with the intent to have others take some
				  action relying thereupon, or any act which provides incorrect, false, or
				  misleading information, upon which others might rely.
Gross Incompetence
- as used in
				  R.S.
				  37:698(A)(2), 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 duty undertaken. (The practice of engineering
				  in a discipline other than that in which the licensee has been listed will not
				  be considered as evidence of gross incompetence, provided the licensee is
				  otherwise qualified by education or experience.) Examples of practice which the
				  board may consider to constitute gross incompetence include but are not limited
				  to:
a. the undertaking of
				assignments other than those for which the licensee is qualified by education
				or experience in the specific technical fields involved; or
b. the affixing of the licensee's signature
				or seal to any engineering or land surveying plan or document dealing with the
				subject matter in which the licensee lacks competence by virtue of education or
				experience.
Gross Misconduct
- as used in
				  R.S.
				  37:698(A)(2), shall mean the
				  practice of engineering or land surveying by a licensee who performs any acts,
				  causes any 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 professions of engineering or land
				  surveying. Gross misconduct as used herein shall also include any act or
				  practice in violation of the board's rules of professional conduct or the
				  boards rules on use of seals.
Gross Negligence
- as used in
				  R.S.
				  37:698(A)(2), shall mean the
				  practice of engineering or land surveying by a licensee characterized by the
				  licensee's lack of reasonable care, precaution, or attention to the life,
				  health, safety, property or welfare of others, which could result in injury or
				  damage to life or property or financial loss. Examples of practice which the
				  board may consider to constitute gross negligence include, but are not limited
				  to:
a. the preparation of an
				incomplete or inaccurate engineering or land surveying plan or document that is
				below acceptable standards, which is released for construction or other lawful
				purposes, and which could result in financial loss, damage or injury;
				or
b. failure of the licensee to
				exercise reasonable diligence and care in providing professional services,
				which could result in financial loss, damage or injury.
NCEES
- the National Council of Examiners for
				  Engineering and Surveying.
NCEES Model Law Engineer
- Repealed.
NCEES Model Law Surveyor
- Repealed.
Person
-an individual or firm.
Practice of Engineering
-
a. practice of engineering is defined in
				R.S.
				37:682. The board recognizes that an
				architect as defined in
				R.S.
				37:141(B)(1) has a right to
				engage in certain activities that fall within the definition of the practice of
				engineering, but only to the extent such activities are necessarily incidental
				to the architect's practice of architecture as defined in
				R.S.
				37:141(B)(3). Such
				incidental engineering work is limited to minor mechanical, electrical, or
				civil-structural engineering work necessarily incidental to the architect's
				practice of architecture. The incidental engineering work shall be of a
				secondary nature and shall be substantially less in scope and magnitude when
				compared to the architectural portion of the work. Incidental engineering work
				includes additions, renovations, or alterations that do not require significant
				adjustments to the engineering calculations for the changes to the engineering
				systems or components. The incidental engineering work shall be safely and
				competently performed by the architect without jeopardizing the life, health,
				property, or welfare of the public. The incidental engineering work shall also
				satisfy all of the following conditions for new construction or additions:
i. For new construction, the total proposed
				occupant load for the new construction shall not exceed 299 individuals for
				assembly occupancy and 49 individuals for all other occupancies. The occupant
				load shall be defined and determined by the method set forth in the currently
				enforced building code;
ii. For
				additions, the total proposed occupant load for the addition shall not exceed
				299 individuals for assembly occupancy and 49 individuals for all other
				occupancies. The occupant load shall be defined and determined by the method
				set forth in the currently enforced building code.
b.
i. an
				architect may perform minor mechanical, electrical or civil-structural
				engineering work necessarily incidental to his/her practice of architecture,
				but such incidental engineering work shall not include a complete engineering
				system unless such complete engineering system does not exceed the area
				thresholds under the occupancy types listed in clause v below. The incidental
				engineering work shall be of a secondary nature and shall be substantially less
				in scope and magnitude when compared to the architectural portion of the work.
				Incidental engineering work includes renovations or alterations of any size
				building that do not require significant adjustments to the engineering
				calculations for the changes to the engineering system(s) or component(s). The
				incidental work must be safely and competently performed by the architect
				without jeopardizing the life, health, property and welfare of the public. The
				incidental engineering work must also satisfy all of the following conditions
				in new or renovated projects:
(a). the total
				occupant load must not exceed 49 individuals. The occupant load is defined and
				determined by the method set forth in the currently enforced building
				code;
(b). the construction value
				of the incidental engineering work must not exceed 15 percent of the total
				construction value for new construction;
(c). any addition to a building or structure
				must not cause the gross floor areas of the entire building or structure to
				exceed those listed in clause v below;
(d). any renovations or alterations must not
				cause the overall construction cost to exceed $125,000, exclusive of building
				finishes and furnishings; and
(e).
				any incidental engineering work must not exceed the area thresholds under the
				following occupancy types:
(i). storage-6,250
				sq. ft.;
(ii). factory and
				industrial-5,000 sq. ft.;
(iii).
				mercantile-4,000 sq. ft.;
(iv).
				residential (excluding single family)-4,000 sq. ft.;
(v). educational-2,500 sq. ft.;
(vi). institutional-2,500 sq. ft.;
(vii). high hazard-1,500 sq. ft.;
(viii). assembly-2,650 sq. ft.;
(ix). business-4,000 sq. ft.;
(x). utility and maintenance-5,000 sq.
				ft.
ii.
				Professional judgment should be exercised in determining the need for an
				architect or professional engineer on complex projects that do not exceed these
				area thresholds.
c.
				teaching of engineering design and the responsible charge of the teaching of
				engineering design shall be considered as the practice of engineering. An
				accredited engineering curriculum ensures the minimum quality requirements for
				the teaching of engineering design. Thus, the teaching of engineering design
				courses and the responsible charge of the teaching of engineering design
				courses must be conducted by professional engineers or by engineering faculty
				in an accredited engineering curriculum. These unlicensed engineering faculty
				members are exempt from licensure by the board only for the purpose of teaching
				of engineering design courses and the responsible charge of the teaching of
				engineering design courses in an accredited engineering curriculum and shall
				not otherwise practice or offer to practice engineering in the state of
				Louisiana as defined by
				R.S.
				37:682 without being licensed by the board.
Practice of Land Surveying
-defined in
				  R.S.
				  37:682. The board recognizes that there
				  exists a close relationship between land surveying and some areas of
				  engineering, with some activities common to both professions; however, survey
				  work related to property boundaries must be performed under the responsible
				  charge of a professional land surveyor. Presented below are guidelines which
				  shall be used as an aid in determining the types of surveying services which
				  may be rendered by professional land surveyors or professional
				  engineers.
a. Surveying and
				mapping functions which require the establishment of relationships to property
				ownership boundaries are unique to land surveying and must be performed by or
				under the responsible charge of a professional land surveyor. These functions
				include:
i. boundary surveys;
ii. subdivision surveys and plats;
iii. public land surveys;
iv. surveys of servitudes (easements) and
				rights of way;
v. surveys of
				leases.
b. Surveying and
				mapping functions not unique to land surveying must be performed by or under
				the responsible charge of a professional land surveyor whenever they require
				the establishment of relationships to property ownership boundaries. These
				functions include:
i. topographical
				surveys;
ii. surveys for record
				drawing;
iii. layout surveys for
				construction;
iv. hydrographic
				surveys;
v. mine surveys;
vi. mapping.
c. Surveying and mapping functions which do
				not require the establishment of relationships to property ownership boundaries
				must be performed by or under the responsible charge of either a professional
				engineer or a professional land surveyor. These surveying and mapping functions
				include:
i. topographical surveys;
ii. surveys for record drawing;
iii. layout surveys for
				construction;
iv. hydrographic
				surveys;
v. mine surveys;
vi. mapping;
vii. geodetic surveys;
viii. cartographic surveys;
ix. horizontal and vertical control
				surveys;
x. quantity and measurement
				surveys;
xi. profiles and
				cross-sections;
xii. site grading
				plans.
d. Professional
				services which require the application of engineering principles and the
				interpretation of engineering data must be performed by or under the
				responsible charge of a professional engineer.
Responsible Charge
-defined in
				  R.S.
				  37:682. It shall mean the direct control and
				  personal supervision of engineering or land surveying service or work, as the
				  case may be.
Seal
- a symbol, image, or list of
				  information that may be found in the form of a rubber stamp, computer-generated
				  data, or other form found acceptable to the board that is applied or attached
				  to a document in a manner consistent with the boards rules on use of
				  seals.
Signature
-handwritten or digital as
				  follows:
a. a handwritten
				message identification containing the name of the person who applied it;
				or
b. a digital representation of a
				person's handwritten signature.
a.
				the work performed by a professional engineer, duly licensed under the
				provisions of this Chapter; or
b.
				the work reviewed and approved by a professional engineer, duly licensed under
				the provisions of this Chapter, who is authorized to direct changes to the
				engineering work; or
c. the work
				performed in accordance with a system of engineering practices approved by a
				professional engineer, duly licensed under the provisions of this Chapter.
Topographical Survey
-the measurement by any
				  method of natural or man-made features in the air, on the surface or in the
				  subsurface of the earth, or within bodies of water for the purpose of
				  determining or establishing their size, shape, grade and/or contour. This also
				  includes the preparation of any data depicting the above-described features.
				  Such surveys may include the use of conventional survey methods, LIDAR and
				  scanning technologies, and hydrographic survey methods to gather this
				  data.
Under the Responsible Charge of a Professional
				  Engineer
- as it applies in
				  R.S.
				  37:701(C) only, shall
				  mean:
a. the work performed
				by a professional engineer duly licensed under the provisions of the licensure
				law; or
b. the work reviewed and
				approved by a professional engineer duly licensed under the provisions of the
				licensure law, who is authorized to direct changes to the engineering work;
				or
c. the work performed in
				accordance with a system of engineering practices approved by a professional
				engineer duly licensed under the provisions of the licensure
				law.