Utah Code 58-22-302. Qualifications for licensure

58-22-302. Qualifications for licensure.

(1)

Each applicant for licensure as a professional engineer shall:

Terms Used In Utah Code 58-22-302

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :Utah Code 68-3-12.5
practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:

(i)

buildings and other structures representing a substantial hazard to human life, which include:

(A)	buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;

(B)	buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;

(C)	buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;

(D)	health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;

(E)	jails and detention facilities with a gross area greater than 3,000 square feet; and

(F)	buildings and other structures with an occupant load greater than 5,000;

(ii)

buildings and other structures designated as essential facilities, including:

(A)	hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;

(B)	fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;

(C)	designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;

(D)	designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;

(E)	power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;

(F)	structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and

(G)	aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and

(iii)

buildings and other structures requiring special consideration, including:

(A)	structures or buildings that are normally occupied by human beings and are five stories or more in height;

(B)	structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and

(C)

buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102

Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102

Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102

Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102

Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102

(a)

submit an application in a form prescribed by the division;

(b)	pay a fee determined by the department under Section 63J-1-504;

(c)

(i)	have graduated and received a bachelors or masters degree from an engineering program meeting criteria established by rule by the division in collaboration with the board; or

(ii)	have completed the Transportation Engineering Technology and Fundamental Engineering College Program before July 1, 1998, under the direction of the Utah Department of Transportation and as certified by the Utah Department of Transportation;

(d)	have successfully completed a program of qualifying experience established by rule by the division in collaboration with the board;

(e)	have successfully passed examinations established by rule by the division in collaboration with the board; and

(f)	meet with the board or representative of the division upon request for the purpose of evaluating the applicant’s qualification for licensure.

(2)

Each applicant for licensure as a professional structural engineer shall:

(a)	submit an application in a form prescribed by the division;

(b)	pay a fee determined by the department under Section 63J-1-504;

(c)	have graduated and received an earned bachelors or masters degree from an engineering program meeting criteria established by rule by the division in collaboration with the board;

(d)

have successfully completed three years of licensed professional engineering experience established by rule by the division in collaboration with the board, except that prior to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form prescribed by the division stating that the applicant is currently engaged in the practice of structural engineering;

(e)

have successfully passed examinations established by rule by the division in collaboration with the board, except that prior to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form prescribed by the division stating that the applicant is currently engaged in the practice of structural engineering; and

(f)	meet with the board or representative of the division upon request for the purpose of evaluating the applicant’s qualification for licensure.

(3)

Each applicant for licensure as a professional land surveyor shall:

(a)	submit an application in a form prescribed by the division;

(b)	pay a fee determined by the department under Section 63J-1-504;

(c)

(i)

have graduated and received an associates, bachelors, or masters degree from a land surveying program, or an equivalent land surveying program, such as a program offered by a technical college described in Section 53B-2a-105, as approved by the Utah Board of Higher Education, established by rule by the division in collaboration with the board, and have successfully completed a program of qualifying experience in land surveying established by rule by the division in collaboration with the board; or

(ii)	have successfully completed a program of qualifying experience in land surveying prior to January 1, 2007, in accordance with rules established by the division in collaboration with the board;

(d)	have successfully passed examinations established by rule by the division in collaboration with the board; and

(e)	meet with the board or representative of the division upon request for the purpose of evaluating the applicant’s qualification for licensure.

(4)

Each applicant for licensure by endorsement shall:

(a)	submit an application in a form prescribed by the division;

(b)	pay a fee determined by the department under Section 63J-1-504;

(c)

submit satisfactory evidence of:

(i)	current licensure in good standing in a jurisdiction recognized by rule by the division in collaboration with the board;

(ii)	having successfully passed an examination established by rule by the division in collaboration with the board; and

(iii)

full-time employment as a principal for at least five of the last seven years immediately preceding the date of the application as a:

(A)	licensed professional engineer for licensure as a professional engineer;

(B)	licensed professional structural engineer for licensure as a structural engineer; or

(C)	licensed professional land surveyor for licensure as a professional land surveyor; and

(d)	meet with the board or representative of the division upon request for the purpose of evaluating the applicant’s qualifications for license.

(5)	The rules made to implement this section shall be in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 339, 2020 General Session
Amended by Chapter 365, 2020 General Session

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