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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Professional Engineering Practice Act of | ||||||||||||||||||||||||||||
5 | 1989 is amended by changing Sections 3, 4, and 8 as follows:
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6 | (225 ILCS 325/3) (from Ch. 111, par. 5203)
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7 | (Section scheduled to be repealed on January 1, 2010)
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8 | Sec. 3. Application of the Act; Exemptions.
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9 | (a) Nothing in this Act shall be construed to prevent the | ||||||||||||||||||||||||||||
10 | practice of
structural engineering as defined in the Structural
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11 | Engineering Practice Act of 1989 or the practice of
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12 | architecture
as defined in the Illinois Architecture Practice | ||||||||||||||||||||||||||||
13 | Act of 1989 or the
regular and customary practice of | ||||||||||||||||||||||||||||
14 | construction contracting and construction
management as | ||||||||||||||||||||||||||||
15 | performed by construction contractors.
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16 | (b) Nothing in this Act shall prevent:
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17 | (1) Employees, including project representatives, of | ||||||||||||||||||||||||||||
18 | professional
engineers lawfully practicing as sole owners, | ||||||||||||||||||||||||||||
19 | partnerships or
corporations under this Act, from acting | ||||||||||||||||||||||||||||
20 | under the direct supervision of
their employers.
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21 | (2) The employment of owner's representatives by the | ||||||||||||||||||||||||||||
22 | owner during the
constructing, adding to, or altering of a | ||||||||||||||||||||||||||||
23 | project, or any parts thereof,
provided that such owner's |
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1 | representative shall not have the authority
to deviate from | ||||||
2 | the technical submissions without the prior approval of
the | ||||||
3 | professional engineer for the project.
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4 | (3) The practice of officers and employees of the | ||||||
5 | Government of the
United States while engaged within this | ||||||
6 | State in the practice of the
profession of engineering for | ||||||
7 | the Government.
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8 | (4) Services performed by employees of a business | ||||||
9 | organization engaged
in utility, industrial or | ||||||
10 | manufacturing operations, or by employees of
laboratory | ||||||
11 | research affiliates of such business organization which | ||||||
12 | are
rendered in connection with the fabrication or | ||||||
13 | production, sale, and
installation of products, systems, | ||||||
14 | or nonengineering services of the
business organization or | ||||||
15 | its affiliates. This exemption does not extend to the | ||||||
16 | construction, rehabilitation, or reconstruction of | ||||||
17 | infrastructure, utility systems, or manufacturing | ||||||
18 | processes of the business organization on its property, or | ||||||
19 | on public property or rights of way where such work may | ||||||
20 | impact the health, safety, or welfare of the public or | ||||||
21 | business organization employees.
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22 | (5) Inspection, maintenance and service work done by | ||||||
23 | employees of the
State of Illinois, any political | ||||||
24 | subdivision thereof or any
municipality.
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25 | (6) The activities performed by those ordinarily | ||||||
26 | designated as chief
engineer of plant operation, chief |
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1 | operating engineer, locomotive,
stationary, marine, power | ||||||
2 | plant or hoisting and portable engineers,
electrical | ||||||
3 | maintenance or service engineers, personnel employed in
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4 | connection with construction, operation or maintenance of | ||||||
5 | street
lighting, traffic control signals, police and fire | ||||||
6 | alarm systems,
waterworks, steam, electric, and sewage | ||||||
7 | treatment and disposal plants,
or the services ordinarily | ||||||
8 | performed by any worker regularly employed as
a locomotive, | ||||||
9 | stationary, marine, power plant, or hoisting and portable
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10 | engineer or electrical maintenance or service engineer for | ||||||
11 | any
corporation, contractor
contract operator, or | ||||||
12 | employer.
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13 | (7) The activities performed by a person ordinarily | ||||||
14 | designated as
a supervising engineer or supervising | ||||||
15 | electrical maintenance or service
engineer who supervises | ||||||
16 | the operation of, or who operates, machinery or
equipment, | ||||||
17 | or who supervises construction or the installation of
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18 | equipment within a plant which is under such person's | ||||||
19 | immediate
supervision.
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20 | (8) (Blank).
The services, for private use, of | ||||||
21 | contractors or owners in the
construction of engineering | ||||||
22 | works or the installation of equipment.
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23 | (c) No officer, board, commission, or other public entity | ||||||
24 | charged with
the enforcement of codes and ordinances involving | ||||||
25 | a professional
engineering project shall accept for filing or | ||||||
26 | approval any technical
submissions that do not bear the seal |
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1 | and signature of a professional
engineer licensed under this | ||||||
2 | Act.
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3 | (d) Nothing contained in this Section imposes upon a person | ||||||
4 | licensed
under this Act the responsibility for the performance | ||||||
5 | of any of the
foregoing functions unless such person | ||||||
6 | specifically contracts to provide it.
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7 | (Source: P.A. 91-91, eff. 1-1-00.)
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8 | (225 ILCS 325/4) (from Ch. 111, par. 5204)
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9 | (Section scheduled to be repealed on January 1, 2010)
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10 | Sec. 4. Definitions. As used in this Act:
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11 | (a) "Approved engineering curriculum" means
an engineering | ||||||
12 | curriculum or program
of 4 academic years or more which meets | ||||||
13 | the standards established by the
rules of the Department.
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14 | (b) "Board" means the State Board of Professional Engineers | ||||||
15 | of the
Department of Professional Regulation, previously known | ||||||
16 | as the Examining
Committee.
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17 | (c) "Department" means the Department of Professional | ||||||
18 | Regulation.
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19 | (d) "Design professional" means an architect, structural | ||||||
20 | engineer or
professional engineer practicing in conformance | ||||||
21 | with the Illinois
Architecture Practice Act of 1989, the | ||||||
22 | Structural
Engineering Practice Act of 1989 or the
Professional | ||||||
23 | Engineering Practice Act of 1989.
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24 | (e) "Director" means the Director of Professional | ||||||
25 | Regulation.
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1 | (f) "Direct supervision/responsible charge" means work
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2 | prepared under the control of a licensed professional engineer | ||||||
3 | or that
work as to which that professional engineer has | ||||||
4 | detailed professional
knowledge.
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5 | (g) "Engineering college" means a school, college, | ||||||
6 | university,
department of a university or other educational | ||||||
7 | institution, reputable
and in good standing in accordance with | ||||||
8 | rules prescribed by the
Department, and which grants | ||||||
9 | baccalaureate degrees in engineering.
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10 | (h) "Engineering system or facility" means a system or | ||||||
11 | facility whose
design is based upon the application of the | ||||||
12 | principles of science for
the purpose of modification of | ||||||
13 | natural states of being.
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14 | (i) "Engineer intern" means a person who is a candidate for
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15 | licensure as a professional engineer and who has been enrolled | ||||||
16 | as an
engineer intern.
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17 | (j) "Enrollment" means an action by the Department to | ||||||
18 | record those
individuals who have met the Board's requirements | ||||||
19 | for an engineer
intern.
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20 | (k) "License" means an official document issued by the | ||||||
21 | Department to
an individual, a corporation, a partnership, a | ||||||
22 | professional
service corporation, a limited liability company, | ||||||
23 | or a sole proprietorship,
signifying authority to
practice.
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24 | (l) "Negligence in the practice of professional | ||||||
25 | engineering" means the
failure to exercise that degree of | ||||||
26 | reasonable professional skill, judgment
and diligence normally |
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1 | rendered by professional engineers in the
practice of | ||||||
2 | professional engineering.
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3 | (m) "Professional engineer" means a person licensed under | ||||||
4 | the laws
of the State of Illinois to practice professional | ||||||
5 | engineering.
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6 | (n) "Professional engineering" means the application of | ||||||
7 | science to the
design of engineering systems and facilities | ||||||
8 | using the knowledge,
skills, ability and professional judgment | ||||||
9 | developed through professional
engineering education, training | ||||||
10 | and experience.
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11 | (o) "Professional engineering practice" means the | ||||||
12 | consultation on,
conception, investigation, evaluation, | ||||||
13 | planning, and design of, and
selection of materials to be used | ||||||
14 | in, administration of
construction contracts for, or site | ||||||
15 | observation of,
an engineering system
or facility, where such | ||||||
16 | consultation, conception, investigation,
evaluation, planning, | ||||||
17 | design, selection, administration, or observation
requires | ||||||
18 | extensive knowledge of engineering laws, formulae, materials,
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19 | practice, and construction methods. A person shall be construed | ||||||
20 | to
practice or offer to practice professional engineering, | ||||||
21 | within the
meaning and intent of this Act, who practices, or | ||||||
22 | who, by verbal claim,
sign, advertisement, letterhead, card, or | ||||||
23 | any other way, is represented
to be a professional engineer, or | ||||||
24 | through the use of the initials "P.E."
or the title "engineer" | ||||||
25 | or any of its derivations or some other title
implies licensure | ||||||
26 | as a professional engineer, or holds himself out as able to
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1 | perform any service which is recognized as professional | ||||||
2 | engineering
practice.
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3 | Examples of the practice of professional engineering | ||||||
4 | include, but need
not be limited to, transportation facilities | ||||||
5 | and publicly owned
utilities for a region or community,
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6 | railroads, railways, highways, subways, canals, harbors, river
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7 | improvements; irrigation works; aircraft, airports and landing | ||||||
8 | fields;
fire protection systems, waterworks, piping systems | ||||||
9 | and appurtenances, sewers, sewage disposal
works; plants for | ||||||
10 | the generation of
power; devices for the utilization of power; | ||||||
11 | boilers; refrigeration
plants, air conditioning systems and | ||||||
12 | plants; heating systems and plants;
plants for the transmission | ||||||
13 | or distribution of power; electrical plants
which produce, | ||||||
14 | transmit, distribute, or utilize electrical energy; works
for | ||||||
15 | the extraction of minerals from the earth; plants for the | ||||||
16 | refining,
alloying or treating of metals; chemical works and | ||||||
17 | industrial plants
involving the use of chemicals and chemical | ||||||
18 | processes; plants for the
production, conversion, or | ||||||
19 | utilization of nuclear, chemical, or radiant
energy; forensic | ||||||
20 | engineering, geotechnical engineering including,
subsurface | ||||||
21 | investigations; soil classification, geology and geohydrology,
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22 | incidental to the practice of professional engineering; energy
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23 | analysis, environmental design, hazardous waste mitigation and | ||||||
24 | control;
recognition, measurement, evaluation and control of | ||||||
25 | environmental systems and
emissions; control systems;
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26 | automated building management systems;
or the provision of |
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1 | professional engineering site observation of the
construction | ||||||
2 | of works and engineering systems. Nothing contained in
this | ||||||
3 | Section imposes upon a person licensed under this Act the
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4 | responsibility for the performance of any of the foregoing | ||||||
5 | functions
unless such person specifically contracts to provide | ||||||
6 | it.
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7 | (p) "Project representative" means the professional | ||||||
8 | engineer's
representative at the project site who assists in | ||||||
9 | the administration of
the construction contract.
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10 | (q) "Registered" means the same as "licensed" for purposes | ||||||
11 | of this Act.
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12 | (r) "Related science curriculum" means a 4 year program of | ||||||
13 | study, the
satisfactory completion of which results in a | ||||||
14 | Bachelor of Science
degree, and which contains courses from | ||||||
15 | such areas as life, earth,
engineering and computer sciences, | ||||||
16 | including but not limited to, physics
and chemistry. In the | ||||||
17 | study of these sciences, the objective is to
acquire | ||||||
18 | fundamental knowledge about the nature of its phenomena,
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19 | including quantitative expression, appropriate to particular | ||||||
20 | fields of
engineering.
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21 | (s) "Rules" means those rules promulgated pursuant to this | ||||||
22 | Act.
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23 | (t) "Seal" means the seal in compliance with Section 14 of | ||||||
24 | this Act.
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25 | (u) "Site observation" is visitation of the construction | ||||||
26 | site for the
purpose of reviewing, as available, the quality |
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1 | and conformance of the
work to the technical submissions as | ||||||
2 | they relate to design.
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3 | (v) "Support design professional" means a professional | ||||||
4 | engineer
practicing in conformance with the Professional | ||||||
5 | Engineering Practice Act
of 1989, who provides services to the | ||||||
6 | design professional who has
contract responsibility.
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7 | (w) "Technical submissions" means designs, drawings, and | ||||||
8 | specifications
which establish the standard of quality for | ||||||
9 | materials, workmanship,
equipment, and the construction | ||||||
10 | systems, studies, and other technical
reports prepared in the | ||||||
11 | course of a design professional's practice.
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12 | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | ||||||
13 | eff. 6-28-01;
92-145, eff. 1-1-02.)
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14 | (225 ILCS 325/8) (from Ch. 111, par. 5208)
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15 | (Section scheduled to be repealed on January 1, 2010)
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16 | Sec. 8. Applications for licensure.
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17 | (a) Applications for licensure
shall (1) be on forms | ||||||
18 | prescribed and furnished by the Department, (2) contain
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19 | statements made under oath showing the applicant's education | ||||||
20 | and
a detailed summary of the applicant's technical work, and | ||||||
21 | (3) contain
references as required by the Department.
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22 | (b) Applicants shall have obtained the education and | ||||||
23 | experience as
required in Section 10 or Section 11 prior to | ||||||
24 | submittal of application
for examination, except as provided in | ||||||
25 | subsection (b) of Section 11.
Allowable experience shall |
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1 | commence at the date of the baccalaureate
degree, except:
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2 | (1) Credit for one year of experience shall be given | ||||||
3 | for a graduate of
a baccalaureate curriculum providing a | ||||||
4 | cooperative program, which is
supervised industrial or | ||||||
5 | field experience of at least one academic year
which | ||||||
6 | alternates with periods of full-time academic training, | ||||||
7 | when such
program is certified by the university, or
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8 | (2) Partial credit may be given
for professional | ||||||
9 | engineering experience as
defined by rule for employment | ||||||
10 | prior to receipt of a baccalaureate
degree if the | ||||||
11 | employment is full-time while the applicant is a
part-time | ||||||
12 | student
taking fewer than 12 hours per semester or 8 hours | ||||||
13 | per quarter
to earn the degree concurrent with the
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14 | full-time engineering experience.
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15 | (3) If an applicant files an application and supporting | ||||||
16 | documents
containing a material misstatement of | ||||||
17 | information or a
misrepresentation for the purpose of | ||||||
18 | obtaining licensure or
enrollment or if an applicant | ||||||
19 | performs
any fraud or deceit in taking any examination to | ||||||
20 | qualify for
licensure or enrollment
under this Act, the | ||||||
21 | Department may issue a rule of intent to deny
licensure or | ||||||
22 | enrollment
and may conduct a hearing in accordance
with | ||||||
23 | Sections 26 through 33 and Sections 37 and 38 of this Act.
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24 | The Board may conduct oral interviews of any applicant | ||||||
25 | under Sections
10, 11, or 19 to assist in the evaluation of the | ||||||
26 | qualifications of the
applicant.
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1 | It is the responsibility of the applicant to supplement the
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2 | application, when requested by the Board, by provision of | ||||||
3 | additional
documentation of education, including transcripts, | ||||||
4 | course content and
credentials of the engineering college or | ||||||
5 | college granting related
science degrees, or of work experience | ||||||
6 | to permit the Board to determine
the qualifications of the | ||||||
7 | applicant. The Department may require an
applicant, at the | ||||||
8 | applicant's expense, to have an evaluation of the applicant's
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9 | education in a foreign country by a nationally recognized | ||||||
10 | educational body
approved by the Board in accordance with rules | ||||||
11 | prescribed by the Department.
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12 | An applicant who graduated from an engineering program | ||||||
13 | outside the United
States or its territories and whose first | ||||||
14 | language is not English shall submit
certification of passage | ||||||
15 | of the Test of English as a Foreign Language (TOEFL)
and the | ||||||
16 | Test of Spoken English (TSE) as defined by rule.
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17 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
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