Terms Used In Vermont Statutes Title 26 Sec. 1163

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Professional engineer: means a person licensed under this chapter. See
  • Responsible charge: means direct control and personal supervision of engineering work. See
  • State: includes the United States, the District of Columbia, Puerto Rico, Guam, and the U. See

§ 1163. Exemptions

(a) Persons exempt. Section 1162 of this chapter does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:

(1) an officer or employee of the federal government;

(2) an officer or a full-time employee of the State;

(3) an officer or full-time employee of a municipality;

(4) certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the Secretary of Natural Resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under 10 Vt. Stat. Ann. chapter 64;

(5) an officer or employee of a corporation in interstate communications as defined in the act of Congress entitled “Communications Act of 1934” or of a telephone company under the supervision and regulation of the Public Utility Commission;

(6) an employee or subordinate of a professional engineer, provided the engineering work is done under the responsible charge of, and verified by, the professional engineer; or

(7) students of engineering acting under the supervision of a professional engineer.

(b) Other professions. Section 1162 of this chapter does not prohibit acts constituting the practice of any other legally recognized profession or occupation.

(c) Purposes exempt. Section 1162 of this chapter does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:

(1) engineering of a manufactured product;

(2) engineering of a building that is not a public building as defined in 20 V.S.A. § 2730;

(3) engineering a building that contains only one, two, or three dwelling units and any outbuilding accessory to those units;

(4) [Repealed.]

(5) engineering of recreational trails and trail-related structures by a nonprofit organization whose trails have been recognized by the Agency of Natural Resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the State of Vermont, but in no event in an amount that is less than $100,000.00.

(d), (e) [Repealed.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1991, No. 167 (Adj. Sess.), § 66(8); 1995, No. 175 (Adj. Sess.), § 1; 2001, No. 133 (Adj. Sess.), §§ 10, 11, eff. June 13, 2002; 2009, No. 35, §§ 15, 41; 2013, No. 27, § 6.)