First Regular Session S.B. 1304
PROPOSED
SENATE AMENDMENTS TO S.B. 1304
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Heading change
The chapter heading of title 32, chapter 1, Arizona Revised Statutes, is changed from "ARCHITECTS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS AND SURVEYORS" to "ARCHITECTS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS AND SURVEYORS".
Sec. 2. Section 32-101, Arizona Revised Statutes, is amended to read:
32-101. Purpose; definitions
A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation adopting and enforcement of enforcing standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter.
B. In this chapter, unless the context otherwise requires:
1. "Advertising" includes business cards, signs or letterhead that are provided by a person to the public.
2. "Alarm" or "alarm system":
(a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.
(b) Includes:
(i) A silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.
(ii) A low-voltage electric fence.
(c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.
3. "Alarm agent":
(a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems.
(b) Does not include any action by a person that:
(i) Is performed in connection with an alarm system located on the person's own property or the property of the person's employer.
(ii) Is acting on behalf of an alarm business whose work duties do not include visiting the location where an alarm system installation occurs.
4. "Alarm business":
(a) Means any person who, either alone or through a third party, engages in the business of either of the following:
(i) Providing alarm monitoring services.
(ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.
(b) Does not include any of the following:
(i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.
(ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.
(iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.
(iv) The installation or monitoring of fire alarm systems.
(v) An alarm system that is operated by a city or town.
5. "Alarm subscriber" means any person who:
(a) Leases, rents or purchases any monitored alarm system or service from an alarm business.
(b) Leases or rents an alarm system.
(c) Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services.
6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture and is registered as an architect pursuant to this chapter.
7. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person shall be is deemed to practice or offer to practice architecture who in any manner represents that the person is an architect or is able to perform any architectural service or other services recognized by educational authorities as architecture.
8. "Board" means the state board of technical registration.
9. "Controlling person":
(a) Means a person who is designated by an alarm business.
(b) Does not include an alarm agent.
10. "Engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering and is registered as a professional engineer pursuant to this chapter.
11. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, research investigation, evaluation, planning, surveying as defined in paragraph 22, subdivisions (d) and (e) of this subsection, design, location, development, and review of construction for conformance with contract documents and design, in connection with any public or private utility, structure, building, machine, equipment, process, work or project. Such services and work include plans and designs relating to the location, development, mining and treatment of ore and other minerals. A person shall be deemed to be practicing or offering to practice engineering if the person practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other manner represents that the person is a professional engineer or is able to perform or does perform any engineering service or other service recognized by educational authorities as engineering. A person employed on a full-time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer.
12. "Engineer-in-training" means a candidate for registration as a professional engineer who is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or who has four years or more of education or experience, or both, in engineering work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the engineer-in-training examination.
13. 10. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.
14. 11. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.
15. 12. "Geologist" means a person, not of necessity an engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person employed on a full-time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals shall is not be deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.
16. 13. "Geologist-in-training" means a candidate for registration as a professional geologist who is a graduate of a school approved by the board or who has four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the geologist-in-training examination.
17. 14. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:
(a) Heating system.
(b) Cooling system.
(c) Plumbing system.
(d) Electrical system.
(e) Structural components.
(f) Foundation.
(g) Roof covering.
(h) Exterior and interior components.
(i) Site aspects as they affect the building.
(j) Pursuant to rules adopted by the board, swimming pool and spa.
18. 15. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.
19. 16. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
20. 17. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.
21. 18. "Landscape architectural practice":
(a) Means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards. This practice shall include the location and arrangement of
(b) Includes locating and arranging such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph. but shall
(c) does not include the making of cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.
22. 19. "Land surveying practice" means the performance of one or more of the following professional services:
(a) Measurement of measuring land to determine the position of any monument or reference point that marks a property line, boundary or corner for the purpose of determining the area or description of the land.
(b) Location locating, relocation relocating, establishment establishing, reestablishment reestablishing, setting, resetting or replacing of corner monuments or reference points which that identify land boundaries, rights-of-way or easements.
(c) Platting or plotting of lands for the purpose of subdividing.
(d) Measurement measuring by angles, distances and elevations of natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparation preparing and perpetuation of perpetuating field note records and maps depicting these features.
(e) Setting, resetting or replacing of points to guide the location of new construction.
23. 20. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full-time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals shall is not be deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.
24. 21. "Land surveyor-in-training" means a candidate for registration as a professional land surveyor who is a graduate of a school and curriculum approved by the board or who has four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the land surveyor-in-training examination.
25. 22. "Low-voltage electric fence" means a fence that meets all of the following requirements:
(a) Has an electric fence energizer that is powered by a commercial storage battery with a rated voltage of not more than twelve volts and that produces an electric charge on contact with the fence.
(b) Is completely enclosed by a nonelectric fence or wall.
(c) Is continuously monitored.
(d) Is attached to ancillary components or equipment such as closed circuit television systems, access controls, battery recharging devices and video cameras.
(e) Does not exceed ten feet in height or two feet higher than the nonelectric fence or wall described in subdivision (b) of this paragraph, whichever is higher.
(f) Has identification warning signs attached at intervals of not more than sixty feet.
(g) Is not installed in an area zoned exclusively for single family or multifamily residential use.
(h) Does not enclose property that is used for residential purposes.
26. 23. "Monitored alarm" means a device that is designed for the detection of an entry on any premises and that if activated generates a notification signal.
27. 24. "Person" means any individual, firm, partnership, corporation, association or other organization.
28. 25. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.
29. 26. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.
30. 27. "Registrant" means a person who is registered or certified by the board.
31. 28. "Registration" means a registration or certification that is issued by the board.
Sec. 3. Section 32-102, Arizona Revised Statutes, is amended to read:
32-102. State board of technical registration; members; vacancies; terms
A. The state board of technical registration is established consisting of members who are appointed by the governor as follows:
1. One architect.
2. One professional engineer.
3. 2. Six Seven public members, at least one of whom has a legal, construction or design product background.
4. 3. One landscape architect.
5. 4. One geologist.
6. 5. One land surveyor.
B. On the expiration of any of the terms, a successor who is qualified pursuant to subsection A of this section shall be appointed for a full term of three years. The governor may remove a member of the board for misconduct, incapacity or neglect of duty. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term.
C. A member may not serve more than two consecutive terms.
Sec. 4. Section 32-103, Arizona Revised Statutes, is amended to read:
32-103. Qualifications of members
A. Each professional member of the board shall:
1. Be at least twenty-five years of age.
2. Have been a resident of this state for at least three years immediately preceding appointment as a member.
B. Each member who is an architect, a geologist, a landscape architect, a professional engineer or a land surveyor shall have at least five years' active professional experience as attested by registration under this chapter.
Sec. 5. Section 32-106, Arizona Revised Statutes, is amended to read:
32-106. Powers and duties
A. The board shall:
1. Adopt rules for the conduct of conducting its meetings and performance of performing duties imposed on it by law.
2. Adopt an official seal for attestation of attesting certificates of registration and other official papers and documents.
3. Consider and act on or delegate the authority to act on applications for registration or certification.
4. Conduct examinations for in-training and professional registration, except for an alarm business, a controlling person or an alarm agent.
5. Hear and act on complaints or charges or direct an administrative law judge to hear and act on complaints and charges.
6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.
7. Keep a record of its proceedings.
8. Keep a register that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.
9. Do other things necessary to carry out the purposes of this chapter.
B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.
C. B. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.
D. C. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.
E. D. The board may rent necessary office space and pay the cost of this office space from the technical registration fund.
F. E. The board may adopt rules establishing rules of professional conduct for registrants.
G. F. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.
H. G. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.
I. H. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
Sec. 6. Section 32-111, Arizona Revised Statutes, is amended to read:
32-111. Home inspector rules and standards committee
A. The home inspector rules and standards committee of the state board of technical registration is established and consists of:
1. Three home inspectors, one of whom is a resident of a county with a population of four hundred thousand persons or less, appointed by the board from a list of names any home inspector organization provides if the home inspector organization meets all of the following criteria:
(a) Has at least forty members who are actively engaged in the practice of home inspection in this state.
(b) Holds regular elections.
(c) Publishes bylaws.
(d) Maintains a code of ethics.
2. Two members of the board of technical registration, including:
(a) An architect member or an engineer member of the board who is appointed by the chairman.
(b) The public member.
B. The board may make appointments of home inspectors to the committee from the lists provided pursuant to subsection A, paragraph 1 of this section or from others having the necessary qualifications.
C. The board-appointed members serve staggered three-year terms. These members shall be home inspectors, shall each have at least five years of experience as a home inspector and shall have passed the examination prescribed in section 32-122.02. The board by a majority vote may remove any member for misconduct, incapacity or neglect of duty and may appoint a new member to complete a term.
D. The committee is responsible for drafting and recommending to the board:
1. Criteria for home inspector certification.
2. Standards for home inspection reports.
3. Standards for written examinations.
4. Standards for educational programs, including course of study, programs and continuing education.
5. Rules defining conduct.
6. Recommendations for types of financial assurances as required in section 32-122.02.
7. Other rules and standards related to the practice of home inspectors.
E. The committee may participate in the investigation and review of home inspector complaints as provided by the board.
F. Members of the home inspector rules and standards committee are eligible to receive compensation pursuant to title 38, chapter 4, article 1.
Sec. 7. Section 32-122, Arizona Revised Statutes, as amended by Laws 2016, chapter 167, section 5, is amended to read:
32-122. Qualifications for in-training designation
A. An applicant for in-training designation as an engineer, a geologist or land surveyor shall:
1. Be of good moral character and repute.
2. Be a graduate of a school approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
3. Unless exempt under section 32-126, subsection D C, pass the in-training examination in the profession in which registration is sought.
B. An applicant for in-training designation as an assayer shall:
1. Be of good moral character and repute.
2. Be a graduate of a school and curriculum approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
3. Unless exempt under section 32-126, subsection D C, pass the in-training examination in the profession in which registration is sought.
Sec. 8. Section 32-122, Arizona Revised Statutes, as amended by Laws 2016, chapter 352, section 9 and chapter 371, section 11, is amended to read:
32-122. Qualifications for in-training registration
A. An applicant for in-training registration as an architect, engineer, geologist or landscape architect shall:
1. Be of good moral character and repute.
2. Be a graduate of a school approved by the board or have four years or more, or if an applicant for in-training registration as an architect, five years or more, of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
3. Unless exempt under section 32-126, subsection D C, pass the in-training examination in the profession in which registration is sought.
B. An applicant for in-training registration as a land surveyor shall:
1. Be a graduate of a school and curriculum approved by the board, or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.
2. Unless exempt under section 32-126, subsection D C, pass the in-training examination in the profession in which registration is sought.
C. An applicant for in-training registration as a home inspector-in-training shall meet the requirements of section 32-122.02, subsection A, paragraphs 1 through 7.
Sec. 9. Section 32-122.01, Arizona Revised Statutes, is amended to read:
32-122.01. Qualifications for professional registration
A. An applicant for professional registration as an architect, engineer, geologist or landscape architect shall:
1. Be of good moral character and repute.
2. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least eight years.
3. Unless exempt under section 32-126, pass the applicable in-training and professional examinations in the profession in which registration is sought.
B. An applicant for professional registration as a land surveyor shall:
1. Be of good moral character and repute.
2. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least six years.
3. Unless exempt under section 32-126, pass the in-training and professional examinations in the profession in which registration is sought.
C. In computing the period of active engagement required under this section:
1. Each year of study that is satisfactorily completed in an architectural, engineering, geological or landscape architectural school approved by the board is equivalent to one year of active engagement up to a maximum of five years. One year or more of teaching architectural, engineering, geological or landscape architectural subjects in a school approved by the board is equivalent to one year of active engagement.
2. Each year of study satisfactorily completed in a land surveying curriculum and school approved by the board is considered equivalent to one year of active engagement up to a maximum of four years. One year or more of teaching land surveying or other courses approved by the board as pertinent to the profession in which registration is sought in a school approved by the board is equivalent to one year of active engagement.
D. Except as provided in subsection E of this section, experience credited by the board under this section and sections 32-101, 32-122 and 32-126 must be attained under the direct supervision of a professional who is satisfactory to the board and registered in this state, another state or a foreign country in the profession in which the applicant is seeking registration, except that up to one year's experience may be attained under the direct supervision of a professional who is satisfactory to the board and registered in another profession regulated under this chapter in this state, another state or a foreign country.
E. By a two-thirds majority vote, the board may allow an applicant except for an architect applicant to meet the requirements of subsection D of this section by crediting comparable experience satisfactory to the board that the applicant attained without direct supervision of a registered professional.
Sec. 10. Section 32-123, Arizona Revised Statutes, is amended to read:
32-123. Application for registration and certification; denial; hearing
A. A person desiring to
practice any board-regulated profession or occupation shall apply for
registration or certification on a form prescribed by the board, subscribed
under penalty of perjury and accompanied by the appropriate application fee
prescribed by the board. If the evidence submitted satisfies the
board that the applicant is fully qualified to practice the profession or
occupation for which registration or certification is asked, the board or the
executive director as authorized by the board shall grant the applicant a
certificate of registration or certification, signed by the chairman and
secretary and attested by the official seal. If the applicant seeks registration as a professional
engineer, the certificate of registration shall list the proficiency
designation in the branch of engineering in which the applicant has
demonstrated proficiency.
B. A
registered professional engineer who desires to practice land surveying shall
apply for professional registration as a land surveyor and satisfy the
requirements set forth in section 32-122.01.
C. B. If
in the judgment of the board the applicant has not furnished satisfactory
evidence of qualifications for registration or certification, it may require
additional data or may require the applicant to submit to an additional oral or
written examination specified by the board in its rules.
D. C. An
applicant whose application is denied may request a formal hearing pursuant to
title 41, chapter 6, article 10. If the application is granted after a formal
hearing, the application fee shall be returned.
Sec. 11. Section 32-125, Arizona Revised Statutes, is amended to read:
32-125. Seals for registrants
A. The board shall adopt and prescribe seals for use by registrants who are required by the board to use seals. Each seal shall bear the name of the registrant and shall state the profession in which the registrant is permitted to practice and, in the case of engineering, the branch or branches of engineering in which the registrant has demonstrated proficiency, and other data the board deems pertinent.
B. Plans, specifications, plats or reports prepared by a registrant or a registrant's bona fide employee shall be issued under the registrant's seal if the board requires the registrant to use a seal.
C. It is unlawful for a registrant whose certificate has expired or has been revoked or suspended to use the seal.
D. It is unlawful for any nonregistrant to cause or permit the illegal use of a registrant's seal, signature or stamp on any document prepared by the nonregistrant.
E. If the board requires a registrant to use a seal, the registrant is responsible for all documents that the registrant signs, stamps or seals, including those documents prepared by the registrant's bona fide employee.
Sec. 12. Section 32-126, Arizona Revised Statutes, is amended to read:
32-126. Exemptions from examination requirement
A. The board shall waive the examination requirement for an applicant, other than an applicant for professional registration as a land surveyor, who satisfies any one of the following:
1. Holds a valid certificate of registration in good standing issued by another state or foreign country which that has or had requirements for registration substantially identical to those of this state.
2. Holds a certificate of qualification in good standing issued by a national bureau of registration or certification recognized by the board.
3. Has been actively engaged in another state or foreign country as a professional registrant in the profession in which registration is sought for at least ten years and holds a valid certificate of registration in good standing issued by that state or country.
B. A registered professional engineer who holds a proficiency designation in one branch of engineering in this state and seeks an additional or different proficiency designation shall submit evidence to the board of either:
1. Four years of experience acceptable to the board as a registered professional engineer practicing in that branch of engineering in which the person seeks the proficiency designation.
2. Successful completion of the professional examination in the branch of engineering in which the applicant seeks the proficiency designation.
C. B. An applicant for professional registration as a land surveyor who satisfies any one of the requirements of subsection A of this section shall pass the part of the professional land surveyor examination relating to surveying methods and legal principles in this state prescribed by the board in its rules.
D. C. The board shall exempt an applicant from the in-training examination if the applicant is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which registration is sought for at least twelve years after graduation.
Sec. 13. Section 32-142, Arizona Revised Statutes, is amended to read:
32-142. Public works
A. Drawings, plans, specifications, estimates and construction observation for public works of this state or a political subdivision of this state involving architecture, engineering, geology, landscape architecture or land surveying shall be prepared by or under the direct supervision of a registrant within the category involved.
B. Surveys or maps required in connection with public land surveying shall be made by or under the personal direction of a qualified registrant.
C. Drawings, plans, design specifications and construction observation of public works facilities of the state or a political subdivision of this state for the use using or storage of storing hazardous materials shall be made by or under the direct supervision of a qualified registrant in the appropriate field.
Sec. 14. Section 32-143, Arizona Revised Statutes, is amended to read:
32-143. Exceptions
An architect, geologist, engineer or landscape architect who is registered under this chapter may engage in practice in another category regulated pursuant to this chapter only to the extent that the person is qualified and to the extent that the work may be necessary and incidental to the work of the registrant's profession on a specific project. This exception does not apply to public works projects.
Sec. 15. Section 32-144, Arizona Revised Statutes, is amended to read:
32-144. Exemptions and limitations; definition
A. Professions and occupations that are regulated by the board may be practiced without compliance with the requirements of this chapter by:
1. An officer or employee of the United States, practicing as such.
2. An employee of a registrant or of a person who is exempt from registration, if such employment does not involve direct responsibility for design, inspection or supervision.
3. A nonregistrant who designs, alters or adds to either of the following:
(a) A detached single family dwelling.
(b) An individual unit in a multifamily dwelling if the walls that are designed, altered or added in the unit are not bearing walls, shear walls or firewalls, which shall be determined by a registrant following an evaluation of the walls to be designed, altered or added.
4. A nonregistrant who
designs a one or two story building or structure in which the square footage of
the floor area measured to the outside surface of the exterior walls does not
exceed three thousand square feet, that is not intended for occupancy by more
than twenty persons on a continuous basis and in which the maximum span of any
structural member does not exceed twenty feet unless a greater span is achieved
by the use of wood or steel roof or floor trusses or lintels approved by an
engineer registered by the board licensed by the department of administration pursuant to title 41,
chapter 4, article 8.
5. A nonregistrant who designs additions or alterations to a one or two story building or structure subject to the limitations limits set forth in paragraph 4 of this subsection. A nonregistrant may exceed the maximum three thousand square foot limitation limit set forth in paragraph 4 of this subsection for a one-time onetime single addition not exceeding one thousand five hundred square feet as measured to the outside surface of the exterior walls and designed for the purpose of storage of chattels.
6. A nonregistrant who designs a water or wastewater treatment plant, or extensions, additions, modifications or revisions, or extensions to water distribution or collection systems, if the total cost of such the construction does not exceed twelve thousand five hundred dollars $12,500.
7. A nonregistrant who designs buildings or structures to be erected on property owned or leased by the nonregistrant or by a person, firm or corporation, including a utility, telephone, mining or railroad company, which that employs the nonregistrant on a full-time basis, if the buildings or structures are intended solely for the use of the owner or lessee of the property, are not ordinarily occupied by more than twenty people, are not for sale to, rental to or use by the public and conform to the building code adopted by the city, town or county in which the building is to be erected or altered.
8. A nonregistrant who provides horticultural consultations or prepares planting plans for plant installations.
B. A registrant who performs any of the activities described in subsection A, paragraphs paragraph 3, through 4, 5, 6, 7 or 8 of this section is subject to the requirements of this chapter.
C. The requirements of this chapter shall do not apply to work done by any communications common carrier or its affiliates or any public service corporation or manufacturing industry or by full-time employees of any of them, provided such if the work is in connection with or incidental to the products, systems or nonengineering services of such the communications common carrier or its affiliates or public service corporation or manufacturing industry, and provided that if the engineering service is not offered directly to the public.
D. An individual shall not perform home inspections unless the individual is certified as a home inspector pursuant to this chapter, except that nothing in this chapter prevents does not prevent:
1. A person who is licensed, certified or registered pursuant to this chapter or another chapter in this title from acting within the scope of the person's license, certification or registration.
2. A person who is employed by a governmental entity from inspecting residential structures if the inspection is within official duties and responsibilities.
3. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure, unless otherwise required by federal law or regulation.
4. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing a home inspection on the structure if the person does not receive separate compensation for the inspection work.
E. No A person, including a person described in subsection D of this section, may not use any letterhead, advertisement, communication or other device to represent that the person is a home inspector unless the person is certified as a home inspector pursuant to this chapter.
F. A trained geologist may engage in a geological practice without being registered under this chapter. A trained geologist may not engage in a geological practice if any of the following applies:
1. The trained geologist has been convicted of a felony in this state or any other state.
2. The trained geologist has been registered or licensed in this state or any other state and has had the registration or license suspended or revoked by this state or the other state.
3. The trained geologist has been prohibited from engaging in a geological practice in this state or any other state due to any private, civil or professional complaint related to an ethical or technical violation while engaged in the practice of geology.
4. The trained geologist fails to disclose to a person employing or hiring the trained geologist:
(a) Any disciplinary action taken against the trained geologist in this state or any other state due to any private, civil or professional complaint that is related to an ethical or technical violation while engaged in the practice of geology.
(b) That the trained geologist is not a registered geologist pursuant to this title.
5. The trained geologist is required to be registered by another law in this state or by federal law.
6. State or federal law conditions the issuance of a license or permit, including permits issued under title 27, 37, 45 or 49, on the issuance of a report that is sealed by a registered geologist.
G. "Trained geologist" means a person who has both:
1. Earned a geology degree from an accredited educational institution.
2. Participated in geological work experience outside of an educational institution for at least four years.
Sec. 16. Title 41, chapter 4, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. ENGINEER LICENSURE
41-811. Engineers; licensure; rules; corporate organization; disciplinary oversight
The department shall license engineers in a manner prescribed by rule and shall adopt rules to maintain a corporate organization under its direction and control to serve and protect the public with respect to the provision of engineering. The corporate organization shall oversee All disciplinary issues regarding engineering activities in this state in accordance with chapter 6, article 10 of this title.
Sec. 17. Exemption from rulemaking; public input
A. Notwithstanding any other law, for the purposes of this act, the department of administration is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.
B. Before the department of administration adopts rules for the purposes of this act, the department must hold at least two public meetings with the engineering community to receive input on subjects and areas of regulation to be addressed in rules. Draft rules must be shared with the public before the rules are submitted to the governor's regulatory review council.
Sec. 18. Retention of rules
All rules adopted by the board of technical registration pursuant to title 32, chapter 1, Arizona Revised Statutes, remain in full force until amended by the department of administration.
Sec. 19. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-fifth legislature, second regular session."
Amend title to conform