Bill Text: VA SB385 | 2020 | Regular Session | Prefiled
Bill Title: Professional engineers; regulations, scope of exception.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-07 - Governor: Acts of Assembly Chapter text (CHAP0822) [SB385 Detail]
Download: Virginia-2020-SB385-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §54.1-401 of the Code of Virginia is amended and reenacted as follows:
§54.1-401. Exemptions.
The following shall be exempted from the provisions of this chapter:
1. Practice of professional engineering and land surveying by a licensed architect when such practice is incidental to what may be properly considered an architectural undertaking.
2. Practice of architecture and land surveying by a licensed professional engineer when such practice is incidental to an engineering project.
3. Practice as a professional engineer, architect or landscape architect in this Commonwealth by any person not a resident of and having no established place of business in this Commonwealth, or by any person resident in this Commonwealth whose arrival is recent, provided that such person is otherwise qualified for such professional service in another state or country and qualifies in Virginia and files prior to commencement of such practice an application, with the required fee, for licensure as a professional engineer, architect or landscape architect. The exemption shall continue until the Board has had sufficient time to consider the application and grant or deny licensure or certification.
4. Engaging in the practice of professional engineering as an employee under a licensed professional engineer, engaging in the practice of architecture as an employee under a licensed architect, engaging in the practice of landscape architecture as an employee under a licensed landscape architect, or engaging in the practice of land surveying as an employee under a licensed land surveyor; provided, that such practice shall not include responsible charge of design or supervision.
5. Practice of professional engineering, architecture, landscape architecture, or land surveying solely as an employee of the United States. However, the employee shall not be exempt from other provisions of this chapter if he furnishes advisory service for compensation to the public in connection with engineering, architectural, landscape architecture, or land surveying matters.
6. Practice of architecture or professional engineering by an individual, firm or corporation on property owned or leased by such individual, firm or corporation, unless the public health or safety is involved.
7. Practice of engineering solely as an employee of a
corporation engaged in interstate commerce, or as an employee of a public
service corporation, by rendering such corporation engineering service in
connection with its facilities which that are subject to regulation
by the State Corporation Commission;, provided,
that corporation employees who furnish advisory service to the public in
connection with engineering matters other than in connection with such
employment shall not be exempt from the provisions of this chapter. This subdivision does not apply to engineering
services rendered in connection with gas pipeline facilities as defined in the
federal regulations promulgated under 49 U.S.C §60101 et seq., as amended and
adopted by the State Corporation Commission, and the federal pipeline safety
laws.
