PROFESSIONS,
VOCATIONS, AND BUSINESSES
CHAPTER 12
ENGINEERS AND SURVEYORS
54-1202.Definitions. As used in this chapter, unless the context
or subject matter requires otherwise:
(1) "Board"
means the Idaho board of licensure of professional engineers and professional
land surveyors, hereinafter provided by this chapter.
(2) "Business
entity" means a corporation, professional corporation, limited
liability company, professional limited liability company, general
partnership, limited partnership, limited liability partnership, professional
limited liability partnership or any other form of business except
a sole proprietorship.
(3) "Consulting
engineer" means a professional engineer whose principal occupation
is the independent practice of professional engineering; whose livelihood
is obtained by offering engineering services to the public; who is
devoid of public, commercial and product affiliation that might tend
to infer a conflict of interest; and who is cognizant of his public
and legal responsibilities, and is capable of discharging them.
(4) "Engineer"
means a person who is qualified to practice engineering by reason
of his special knowledge and use of mathematical, physical and engineering
sciences, and the principles and methods of engineering analysis and
design, acquired by professional education and engineering experience.
(5) "Engineer
intern" means a person who has qualified for, taken and passed
an examination in the fundamentals of engineering subjects as provided
in this chapter.
(6) "Land
surveyor intern" means a person who has qualified for, taken
and passed an examination in the fundamentals of surveying subjects
as provided in this chapter.
(7) "Professional
engineer" means a person who has been duly licensed as a professional
engineer by the board under this chapter.
(8) "Professional
engineering" and "practice of professional engineering"
mean any service or creative work offered to or performed for the
public for any project physically located in this state, such as consultation,
investigation, evaluation, planning, designing, teaching upper division
engineering design subjects, and responsible charge of observation
of construction in connection with any public or private utilities,
structures, buildings, machines, equipment, processes, works, or projects,
wherein the public welfare or the safeguarding of life, health, or
property is concerned or involved, when such service requires the
application of engineering principles and data. A person shall be
construed to practice or offer to practice professional engineering
within the meaning and intent of this chapter who practices or offers
to practice any of the branches of the profession of engineering for
the public for any project physically located in this state or who,
by verbal claim, sign, advertisement, letterhead, card, or in any
other way represents himself to be a professional engineer or through
the use of some other title implies that he is a professional engineer
or that he is licensed under this chapter, or holds himself out as
able to perform or who does perform for the public for any project
physically located in this state, any engineering service or work
or any other service designated by the practitioner which is the practice
of professional engineering.
(9) "Professional
land surveying" and "practice of professional land surveying"
mean responsible charge of surveying of land to determine the correct
boundary description, to convey, to establish or reestablish land
boundaries, or to plat lands and subdivisions thereof. Any person
shall be construed to practice or offer to practice professional land
surveying who engages in professional land surveying, or who, by verbal
claim, sign, advertisement, letterhead, card, or in any other way
represents himself to be a professional land surveyor, or who represents
himself as able to perform or who does perform any professional land
surveying service or work or any other service designated by the practitioner
which is professional land surveying.
(10) "Professional
land surveyor" means a person who is qualified by reason of his
knowledge of the principles of land surveying acquired by education
and practical experience to engage in the practice of professional
land surveying and who has been duly licensed as a professional land
surveyor by the board under this chapter.
(11) "Public"
means any person, firm, corporation, partnership, company, government
agency, institution or any other entity recognized by law.
(12) "Responsible
charge" means the control and direction of engineering work,
or the control and direction of land surveying work, requiring initiative,
professional skill, independent judgment and professional knowledge
of the content of relevant documents during their preparation. Except
as allowed under section 54-1223, Idaho
Code, reviewing, or reviewing and correcting, documents after they
have been prepared by others does not constitute the exercise of responsible
charge. (13) "Rules
of professional responsibility" means those rules, if any, promulgated
by the board, as authorized by the Idaho Code.
(14) "Signature"
means either: an original handwritten message identification containing
the name of the person who applied it; or a digital signature which
is an electronic authentication process attached to or logically associated
with an electronic document. The digital signature must be unique
to the person using it; must be capable of verification; must be under
the sole control of the person using it; and must be linked to a document
in such a manner that the digital signature is invalidated if any
data in the document is changed.
(15) "Standard
design plan" means a building, structure, equipment or facility
which is intended to be constructed or sited at multiple locations
and for which some or all of the plans must be prepared by a professional
engineer.