Indiana Professional Engineer Licensing Law

Indiana Code · 27 sections

The following is the full text of Indiana’s professional engineer licensing law statutes as published in the Indiana Code. For the official version, see the Indiana Legislature.

Ind. Code § 25-20.2-1-1

IC 25-20.2-1-1 Application of article; exclusions

Sec. 1. (a) This article applies to an individual who conducts home inspections for compensation. (b) This article does not apply to the following: (1) An individual who is acting within the scope of the individual's employment as: (A) a code enforcement official for the state or a political subdivision of the state; or (B) a representative of a state or local housing agency or authority acting under the authority of the United States Department of Housing and Urban Development. (2) An individual who is: (A) either: (i) registered as an architect under IC 25-4 ; (ii) registered as a professional engineer under IC 25-31 ; or (iii) licensed as a plumbing contractor or journeyman plumber under IC 25-28.5 ; and (B) acting within the scope of the individual's registration or license. (3) An individual who is licensed under IC 25-34.1 as a real estate broker and is acting within the scope of the individual's license. (4) An individual who is licensed or certified under IC 25-34.1 as a real estate appraiser and is acting within the scope of the individual's license or certificate. (5) An individual who holds a certificate of authority under IC 27-1-27-2 as a public adjuster and is acting within the scope of the individual's certificate. (6) An individual who holds a permit, certificate, or license to: (A) use and apply pesticides; or (B) make diagnostic inspections and reports for wood destroying pests; under IC 15-16-5 and is acting within the scope of the individual's certificate or license. (7) An individual who holds a license from a political subdivision as a tradesperson or home builder and is acting within the scope of the individual's license. As added by P.L.145-2003, SEC.7. Amended by P.L.2-2008, SEC.63; P.L.127-2012, SEC.4.

Ind. Code § 25-21.5-1-7

IC 25-21.5-1-7 "Practice of surveying"

Sec. 7. (a) "Practice of surveying" means providing, or offering to provide, professional services involving: (1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of the earth, improvements on the earth, the space above the earth, or any part of the earth; and (2) the use and development of the measurements and information gathered under subdivision (1) into survey products, including graphics, digital data, maps, plats, plans, reports, and descriptions and projects. (b) Professional services provided under the practice of surveying include consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any of the following: (1) Determining the configuration or contour of the earth's surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry. (2) Determining the size and shape of the earth, or any point on the earth, by performing geodetic surveys using angular and linear measurements through spatially oriented spherical geometry. (3) Determining, by the use of principles of surveying, the position for any nonboundary related survey control monument or reference point, or setting, resetting, or replacing any nonboundary related monument or reference point. (4) Locating, relocating, establishing, reestablishing, laying out, retracing, or marking any property or boundary line or corner of any tract of land or of any right-of-way or easement. (5) Making any survey or preparing any plat for the subdivision of any tract of land. (6) Determining, by the use of principles of surveying, the position for any boundary related survey monument or reference point, or setting, resetting, or replacing any monument or reference point. (7) Preparing a description for any parcel or boundary of land, or for any right-of-way or easement, except when prepared by an attorney who is licensed to practice law in Indiana. (8) Determining the amount of acreage contained in any parcel of land, except when determined by an attorney who is licensed to practice law in Indiana. (9) Performing construction staking or layout of the control for any elements of an engineering, building, or construction project, if the position of an element is: (A) dependent on; (B) in specific relation to; or (C) in close proximity to; a boundary, property line, or corner, including easements and rights-of-way. (10) For and within subdivisions being designed by a professional surveyor, the preparation and furnishing of plats, plans, and profiles for roads, storm drainage, sanitary sewer extensions, and the location of residences or dwellings where the work involves the use and application of standards prescribed by local, state, or federal authorities. (11) All work incidental to cleaning out, reconstructing, or maintaining existing open and tile drains. (12) Creating, preparing, or modifying electronic or computerized data relative to the performance of the activities described in this subsection. (c) Activities included within the practice of surveying that must be accomplished under the responsible charge of a professional surveyor, unless specifically exempted under subsection (d), include the following: (1) The creation of maps and geo-referenced data bases representing authoritative locations for boundaries, fixed works, or topography, either by terrestrial surveying methods or by photogrammetric or GNSS locations. This includes maps and geo-referenced data bases prepared by any person, firm, or government agency if that data is provided to the public as a survey product. (2) Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: (A) Geodetic control. (B) Orthoimagery. (C) Elevation and bathymetry. (D) Fixed works. (E) Government boundaries. (F) Cadastral information. (3) Certification of positional accuracy of maps or measured survey data. (4) Measurement, adjustment, and authoritative interpretation of raw survey data. (5) GIS-based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected. (6) Interpretation of maps, deeds, or other land title documents to resolve conflicting data elements within cadastral documents of record. (7) Acquisition of field data required to authoritatively position fixed works or cadastral data to geodetic control. (8) Adjustment or transformation of cadastral data to improve the positional accuracy of the parcel layer or layers with respect to the geodetic control layer within a GIS for purposes of affirming positional accuracy. (d) A distinction is made in this subsection, in the use of electronic systems, between making or documenting original measurements in the creation of survey products and the copying, interpretation, or representation of those measurements in systems. Further, a distinction is made according to the intent, use, or purpose of measurement products in electronic systems, between the determination of authoritative locations and the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not included as activities within the definition of the practice of surveying: (1) The creation of general maps: (A) prepared by private firms or government agencies for use as guides to motorists, boaters, aviators, or pedestrians; (B) prepared for publication in a gazetteer or atlas as an educational tool or reference publication; (C) prepared for or by educational institutions for use in the curriculum of any course of study; (D) produced by any electronic or print media firm as an illustrative guide to the geographic location of any event; or (E) prepared by lay persons for conversational or illustrative purposes, including advertising material and users' guides. (2) The transcription of previously geo-referenced data into a geographic information system by manual or electronic means, and the maintenance thereof, if the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and the precise location of fixed works of humans. (3) The transcription of public record data, without modification except for graphical purposes, into geographic information systems-based cadastres, including tax maps, zoning maps, and associated records by manual or electronic means, and the maintenance of that cadastre, if the data are clearly not intended to authoritatively represent property boundaries. (4) The preparation of any document by any agency of the federal government that does not define real property boundaries, including civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other similar documents. (5) The incorporation or use of documents or data bases prepared by any federal agency into a geographic information system, including federal census and demographic data, quadrangle topographic maps, and military maps. (6) Inventory maps and data bases created by any organization, in either hard copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which the organization has rights or for which the organization has management responsibility. The distribution of these maps and data bases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data source or sources, and date or dates, and disclaimers of use clearly indicating that the data are not intended to be used as a survey product. (7) Maps, cross-sections, graphics, and data bases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document and interpret the data in the context of their respective practices. (8) Maps and geo-referenced data bases depicting physical features and events prepared by any government agency if the access to that data is restricted by statute, including geo-referenced data generated by law enforcement agencies involving crime statistics and criminal activities. (9) Classified parcels developed in accordance with IC 6-1.1-6-9 (c). (e) The use of photogrammetric methods or similar remote sensing technology to perform any part of the practice of surveying as defined in this section may be performed only under the direct control and supervision of a professional surveyor or professional photogrammetrists who maintain a current title of "Certified Photogrammetrist" from a national scientific organization having a process for certifying photogrammetrists. (f) The practice of surveying encompasses a number of disciplines, including geodetic surveying, hydrographic surveying, cadastral surveying, construction staking, route surveying, photogrammetric surveying, and topographic surveying. A professional surveyor may practice only within the surveyor's area of expertise. As added by P.L.23-1991, SEC.12. Amended by P.L.218-1993, SEC.1; P.L.57-2013, SEC.38; P.L.2-2014, SEC.106; P.L.219-2014, SEC.35.

Ind. Code § 25-21.5-9-4

IC 25-21.5-9-4 Limitations on practice

Sec. 4. The practice of surveying does not permit a professional surveyor to design and construct sewage disposal stations, lift stations, or bridges or to prepare engineering plans for the construction of engineering projects other than those prescribed in IC 25-21.5-1-7 . As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.21; P.L.57-2013, SEC.75.

Ind. Code § 25-28.5-1-2

IC 25-28.5-1-2 Definitions

Sec. 2. As used in this chapter: (1) "Plumbing" means the practice of and the materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: (A) Sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems, within or adjacent to any building or structure. (B) The practice and materials used in the installation, maintenance, extension, or alteration of the stormwater, liquid waste, or sewerage, and water supply systems of any premises to the private property line or to their connection with any point of public disposal or other acceptable terminal. The term does not include the planning, designing, and installation of sanitation and water systems in vehicles commonly known as mobile homes, the drilling of wells, the installation of pumps, pressure tanks, and piping incidental to the drilling or repair of a well system, the sale or installation of water softening equipment and apparatuses and services of the same, or the business of manufacturing or selling plumbing fixtures; appliances, equipment, or hardware; the installation of automatic sprinklers, the overhead or underground water supplies or standpipes when connected to an automatic sprinkler system or to their related devices or appurtenances connecting thereto; nor does the term include the work referred to in section 32(i) of this chapter; nor does the term include the planning or design of water supply or sewage systems which would ordinarily be performed as "the practice of engineering", as defined in IC 25-31-1 , or the "practice of architecture", as defined in IC 25-4-1 . (2) "Plumbing contractor" means any person who, for compensation, undertakes to, or submits a bid to, or does himself or herself or by others, construct, repair, alter, remodel, add to, subtract from, or improve plumbing and who is responsible for substantially all the plumbing within the entire project, or one who fabricates units or plumbing substantially completed and ready for installation. (3) "Journeyman plumber" means a person who engages or offers to engage in, as an occupation or trade, the construction, installation, alteration, maintenance, repair, remodeling, or removal and replacement of plumbing under the supervision, direction, and responsibility of a licensed plumbing contractor. (4) "Maintenance man" means a person who is employed on a permanent basis to keep the premises of a business establishment in good repair. (5) "Contracting" means, except as exempted in this chapter, engaging in a business as a contractor. (6) "Person" means a natural person, except in the case of a plumbing contractor, in which case it may mean the partners or members of a partnership, limited partnership, or any form of unincorporated enterprise, owned by two (2) or more persons, and as applied to "corporation" in addition to the corporate entity means the officers or directors and employees thereof. (7) "Commission" means the Indiana plumbing commission created by this chapter. (8) "License" means a certificate issued by the commission established by this chapter which confers upon the holder the privilege to act as a plumbing contractor or a journeyman plumber as defined in this chapter. (9) "Farmstead" means a farm dwelling together with other buildings, structures, equipment, piping, and other plumbing materials and supplies, located upon a parcel of real estate used primarily for agricultural purposes located outside the corporate limits of a municipality and not connected to a public water supply. (10) "Licensing agency" means the Indiana professional licensing agency established under IC 25-1-5-3 . (11) "Apprentice plumber" means an individual who: (A) is learning the plumbing trade; and (B) is under the direction and immediate supervision of a licensed plumbing contractor or a licensed journeyman plumber. (12) "Registration" means the granting of a certificate by the commission that authorizes an individual to act as an apprentice plumber. Formerly: Acts 1972, P.L.188, SEC.1. As amended by Acts 1981, P.L.222, SEC.202; P.L.132-1984, SEC.36; P.L.248-1985, SEC.1; P.L.1-2006, SEC.469.

Ind. Code § 25-31-1-12

IC 25-31-1-12 Qualifications for registration

Sec. 12. (a) The following under either subdivision (1) or (2) shall be considered as minimum evidence that the applicant is qualified for registration as a professional engineer: (1) All of the following: (A) Graduation in an approved engineering curriculum of four (4) years or more. (B) A specific record of four (4) years or more of progressive experience on engineering projects of sufficient quality acquired subsequent to graduation, which experience indicates that the applicant is qualified to be placed in responsible charge of engineering work requiring the exercise of judgment in the application of engineering sciences to the sound solution of engineering problems. (C) The successful passing of an examination as provided for in section 14 of this chapter. (2) All of the following: (A) A specific record of eight (8) years or more of engineering education and experience in engineering work, which indicates that the applicant has acquired knowledge and skill and practical experience in engineering work approximating that required for registration as a professional engineer under subdivision (1). (B) The successful passing of an examination as provided for in section 14 of this chapter. (b) The following under either subdivision (1) or (2) shall be considered as minimum evidence that the applicant is qualified for certification as an engineering intern: (1) All of the following: (A) Graduation in an approved engineering curriculum of four (4) years or more. (B) The successful passing of an engineering intern examination as provided in section 14 of this chapter. (2) All of the following: (A) A specific record of four (4) years or more of engineering education and experience in engineering work indicating that the applicant has acquired knowledge and skill approximating that acquired through graduation in an approved engineering curriculum of four (4) years or more. (B) The successful passing of an engineering intern examination as provided in section 14 of this chapter. (c) The board may waive the examination under section 14 of this chapter to any applicant who has been granted a certificate of registration under section 21 of this chapter. (d) An individual is not eligible for registration as a professional engineer or certification as an engineering intern if the individual has been convicted of: (1) an act which would constitute grounds for disciplinary sanction under IC 25-1-11 ; or (2) a felony that has a direct bearing on the individual's ability to practice competently. (e) In considering the qualifications of applicants, responsible charge of engineering teaching shall be construed as responsible charge of engineering work. An applicant who holds a degree of master of science of engineering or the equivalent thereof from a curriculum in engineering approved by the board may be given a maximum credit of one (1) year of experience in addition to the credit of four (4) years of education. An applicant who holds a degree of doctor of philosophy or the equivalent thereof from a curriculum in engineering approved by the board may be given a maximum of credit of two (2) years of experience in addition to a credit of four (4) years of education. Graduation in a course other than engineering from a college or university acceptable to the board may be considered as equivalent to two (2) years engineering experience and education. The mere execution, as a contractor of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be engineering experience. (f) Any person having the necessary qualifications to be registered under this chapter is eligible for registration although the individual may not be engaged in the practice of engineering at the time the application is made. Formerly: Acts 1935, c.148, s.12; Acts 1947, c.262, s.4; Acts 1957, c.320, s.5; Acts 1961, c.277, s.3; Acts 1965, c.284, s.6; Acts 1969, c.279, s.2. As amended by Acts 1981, P.L.222, SEC.234; Acts 1982, P.L.113, SEC.76; P.L.23-1991, SEC.20; P.L.1-1992, SEC.133; P.L.215-1993, SEC.11; P.L.214-1993, SEC.80.

Ind. Code § 25-31-1-13

IC 25-31-1-13 Application for registration; fees

Sec. 13. (a) An individual applying for registration as a professional engineer or for certification as an engineering intern shall apply for registration or certification on a form prescribed and provided by the board. Each application for registration shall contain statements showing the education and qualifications of the applicant and a detailed summary of the technical work performed by the applicant. An application for registration as a professional engineer shall be accompanied by the names of five (5) persons to be used as references, at least three (3) of whom are professional engineers who have a personal knowledge of the experience of the applicant. Each application for a certification as an engineering intern must contain statements showing the education of the applicant, and except for an application for an examination to be given during the applicant's senior year, the application shall be accompanied by the names of three (3) persons to be used as references. All applications shall be certified to by the applicant as to the correctness of the statements contained in the application. (b) A person who knowingly makes a false statement in the application commits a Class A misdemeanor. (c) The amount of registration fees for a professional engineer and for an engineering intern shall be fixed and determined by the board under IC 25-1-8-2 . The board shall also in its rules prescribe the manner and the time for the paying of registration fees. (d) In the event the board refuses to issue a certificate of registration to any person who has made proper application for registration as a professional engineer, any initial fee prescribed by the board and deposited with the board by an applicant shall be retained by the board as an application fee. (e) In the event the board refuses to issue a certificate to any person who has made proper application for certification as an engineering intern, the fee prescribed by the board and deposited by the applicant with the board shall be retained as an application fee. Formerly: Acts 1935, c.148, s.13; Acts 1947, c.262, s.5; Acts 1957, c.320, s.6; Acts 1961, c.277, s.4; Acts 1965, c.284, s.7; Acts 1969, c.279, s.3. As amended by Acts 1978, P.L.2, SEC.2553; P.L.23-1991, SEC.21; P.L.215-1993, SEC.12.

Ind. Code § 25-31-1-14

IC 25-31-1-14 Examination; reexamination

Sec. 14. (a) The examination required of all applicants for registration as a professional engineer shall be a written or computer based examination which shall be divided into the following two (2) parts: (1) Engineering fundamentals. (2) Principles and practice of engineering. The board may adopt rules under IC 4-22-2 establishing additional examination requirements. (b) The engineering fundamentals portion of the examination shall be designed to test the applicant's knowledge of mathematics and the physical and engineering sciences. The standards of proficiency required shall approximate that attained by graduation in an approved four (4) year engineering curriculum. (c) The principles and practice of the engineering portion of the examination shall be designed primarily to test the applicant's understanding of, and judgment and ability to apply correctly, the principles of: (1) mathematics; (2) the physical sciences; (3) the engineering sciences; and (4) engineering design analysis and synthesis; to the practice of professional engineering. A part of the examination may be designed to test the applicant's knowledge and understanding of the ethical, economic, and legal principles relating to the practices of professional engineering. (d) An applicant for registration as a professional engineer who holds an engineering intern certificate issued in Indiana or in any other state or territory having equivalent standards may be exempted from the engineering fundamentals portion of the examination. (e) An applicant must successfully pass the engineering fundamentals portion of the examination before taking the principles and practice portion of the examination. (f) Examinations shall be held at times and places as determined by the board at least two (2) times each year. Examinations for certification as an engineering intern may be held separately from the examinations for registration as a professional engineer. (g) An applicant for registration as a professional engineer who is presently registered in another state or territory may be assigned a written or computer based examination as the board deems necessary to meet the requirements of this chapter. (h) An applicant shall have three (3) attempts to pass each part of the examination within a time period established by the board by rule. The board may specify by rule the time required between examinations and the opportunity for future examination attempts for an applicant who fails to appear at an examination. The amount of the fee to be paid for each examination shall be determined by the board under IC 25-1-8-2 . (i) If an applicant who has failed a part of the examination three (3) times reapplies and submits evidence of acquiring additional knowledge for the examination, the board may give the applicant approval to take subsequent examinations or partial examinations. Formerly: Acts 1935, c.148, s.14; Acts 1947, c.262, s.6; Acts 1957, c.320, s.7; Acts 1961, c.277, s.5; Acts 1969, c.279, s.4. As amended by Acts 1980, P.L.166, SEC.6; P.L.23-1991, SEC.22; P.L.215-1993, SEC.13; P.L.194-2005, SEC.79; P.L.9-2012, SEC.3.

Ind. Code § 25-31-1-15

IC 25-31-1-15 Issuance of certificate of registration; certificate of enrollment

Sec. 15. (a) The board shall issue a certificate of registration, upon the payment of the fee prescribed by the board under IC 25-1-8-2 and the fee established by section 9(b) of this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all requirements of this chapter. In the case of a professional engineer, the certificate shall authorize the practice of "professional engineering". The certificate of registration shall: (1) show the full name of the registrant; (2) bear a serial number and date; and (3) be signed by a designee of the board. The issuance of any certificate of registration by the board under this chapter is evidence that the individual named on the certificate is entitled to all the rights and privileges of a registered professional engineer from the date on the certificate until it expires or is revoked. (b) The board shall issue a certificate of enrollment upon the payment of the certificate fee prescribed by the board under IC 25-1-8-2 to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this chapter. In the case of an engineering intern, the certificate shall state that the applicant has successfully passed the examination in engineering fundamentals and has been enrolled as an engineering intern. The certificate of enrollment shall: (1) show the full name of the enrollee; (2) bear a serial number and date; and (3) be signed by the director of the licensing agency. The issuance of a certificate of enrollment by the board is evidence that the individual named on the certificate is entitled to all the rights and privileges of an engineering intern while the certificate remains unrevoked or until it expires. Formerly: Acts 1935, c.148, s.15; Acts 1947, c.262, s.7; Acts 1969, c.279, s.5. As amended by Acts 1982, P.L.154, SEC.102; P.L.23-1991, SEC.23; P.L.215-1993, SEC.14; P.L.194-2005, SEC.80; P.L.177-2006, SEC.8.

Ind. Code § 25-31-1-16

IC 25-31-1-16 Seal

Sec. 16. (a) The granting of registration extends to the registrant the authority to use a seal of a design approved by the board bearing the registrant's name, registration number, and the legend "professional engineer". (b) During the period of time that a registrant's certificate is valid, the registrant is authorized to apply the registrant's seal to plans, specifications, studies, drawings, and reports. Applying the registrant's seal attests that: (1) the work embodies the engineering work of the registrant; (2) the registrant or an employed subordinate supervised by the registrant prepared the documents, and in the context of engineered plans "prepared" refers to the registrant's control and direction of the engineering work and design process; (3) the registrant assumes full professional responsibility for the documents; and (4) the work meets standards of acceptable engineering practice. (c) It is unlawful for any person to stamp or seal any document with a seal after the certificate of the registrant named on the seal has expired or has been revoked. Formerly: Acts 1935, c.148, s.16; Acts 1961, c.277, s.6. As amended by P.L.23-1991, SEC.24; P.L.215-1993, SEC.15.

Ind. Code § 25-31-1-17.5

IC 25-31-1-17.5 Continuing education rules

Sec. 17.5. (a) The board may adopt rules requiring a professional engineer to obtain continuing education for renewal of a certificate under section 17 of this chapter. (b) If the board adopts rules under this section, the rules must do the following: (1) Establish an inactive certificate of registration that: (A) does not require the holder of an inactive certificate to obtain continuing education; and (B) prohibits the holder of an inactive certificate from practicing engineering. (2) Establish requirements for reactivation of an inactive certificate. As added by P.L.215-1993, SEC.17.

Ind. Code § 25-31-1-18

IC 25-31-1-18 Corporate practice

Sec. 18. (a) A registration certificate for a professional engineer may be issued only to a natural person. (b) A business, including a proprietorship, partnership, or corporation, doing business in Indiana may not practice or offer to practice engineering unless that practice is carried on under the responsible direction and supervision of a registered professional engineer who is a full-time employee of the business. All plans, sheets of designs, specifications, reports, studies, or other engineering documents that require certification and are prepared by the personnel of a business must carry the signature and seal of the registered professional engineer who is in responsible charge of the professional engineering work. Formerly: Acts 1935, c.148, s.18; Acts 1957, c.320, s.8; Acts 1961, c.277, s.8; Acts 1967, c.95, s.1. As amended by P.L.23-1991, SEC.25; P.L.215-1993, SEC.18.

Ind. Code § 25-31-1-19

IC 25-31-1-19 Public projects; employment of professional engineer

Sec. 19. (a) A county, city, town, township, school corporation, or other political subdivision of this state may not engage in the construction or maintenance of any public work involving the practice of engineering for which plans, specifications, and estimates have not been prepared, certified, and sealed by, and the construction and maintenance executed under the direct supervision of, a professional engineer. Any contract executed in violation of this section is void. (b) An official of this state, or of any city, town, county, township, or school corporation, charged with the enforcement of any law, ordinance, or rule relating to the design, construction, or alteration of buildings or structures may not use or accept or approve any plans or specifications that have not been prepared by, or under the supervision of and certified by, a registered professional engineer. This subsection does not apply: (1) to plans or specifications prepared by, or under the supervision of and certified by, an architect who is registered under IC 25-4-1 ; (2) to structures and construction listed in IC 22-15-3-3 (a); or (3) to plans or specifications contained in a registration, license, or permit application, including an application for an initial permit, the renewal of a permit, the modification of a permit, or a variance from a permit submitted to the commissioner of the department of environmental management under IC 13 , unless the permit is for the approval of plans or specifications for construction for which a professional engineer's seal is required by operation of either state or federal law, rule, or regulation. This subsection does not require a professional engineer's seal for an application for an air quality construction permit under 326 IAC 2-1-3. This section shall not be construed as to abridge or otherwise affect the powers of any state board or department to issue rules governing the safety of buildings or structures. (c) All maps required to show the underground workings of any mine in Indiana must be prepared, certified, and sealed by a professional engineer or professional surveyor. Formerly: Acts 1935, c.148, s.19; Acts 1947, c.262, s.8; Acts 1957, c.320, s.9; Acts 1961, c.277, s.9; Acts 1965, c.284, s.9. As amended by P.L.8-1984, SEC.121; P.L.23-1991, SEC.26; P.L.215-1993, SEC.19; P.L.82-1994, SEC.30; P.L.246-1995, SEC.1; P.L.57-2013, SEC.85.

Ind. Code § 25-31-1-2

IC 25-31-1-2 Definitions

Sec. 2. As used in this chapter: (a) "Board" means the state board of registration for professional engineers. (b) "Professional engineer" means an individual who, by reason of that individual's special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design which are acquired by education and practical experience, is qualified to engage in the practice of engineering as attested by that individual's registration as a professional engineer. (c) "Engineering intern" means an individual who: (1) is a graduate from an approved engineering curriculum of four (4) years or more or who has acquired, through engineering education and experience in engineering work, knowledge and skill approximating that obtained by graduation in an approved engineering curriculum of four (4) years or more; (2) has successfully passed an examination as prescribed in section 14 of this chapter; and (3) has been issued by the board an appropriate certificate of enrollment as an engineering intern. (d) "Practice of engineering" means any service or creative work that the adequate performance of requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to services or creative work that includes the following: (1) Consultation. (2) Investigation. (3) Evaluation. (4) Planning, including planning the use of land and water. (5) The design of or the supervision of the design of engineering works and systems. (6) Engineering surveys and studies or the supervision of engineering surveys and studies, including all surveying activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but not including the surveying of real property for the establishment of land boundaries, subdivisions, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system. (7) Evaluation of construction for the purpose of assuring compliance with specifications, plans, and designs, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, work systems, or projects. The term "practice of engineering" does not include the work ordinarily performed by persons who operate or maintain machinery or equipment. (e) "Approved engineering curriculum" means an engineering curriculum of four (4) years or more that has been approved by the board. In approving the engineering curriculum, the board may take into consideration the standards of accreditation adopted by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology. (f) "Practice or offer to practice engineering" means the act of an individual or a business who by verbal claim, sign, advertisement, letterhead, card, telephone listing, or in any other way represents the individual or the business to be a professional engineer or who performs, or offers to perform, any acts or work involving the practice of engineering. (g) "Licensing agency" means the Indiana professional licensing agency established by IC 25-1-5-3 . Formerly: Acts 1935, c.148, s.2; Acts 1947, c.262, s.2; Acts 1957, c.320, s.1; Acts 1961, c.277, s.1; Acts 1965, c.284, s.2; Acts 1969, c.279, s.1. As amended by Acts 1981, P.L.222, SEC.229; P.L.132-1984, SEC.40; P.L.23-1991, SEC.14; P.L.215-1993, SEC.2; P.L.1-2006, SEC.475; P.L.78-2017, SEC.18.

Ind. Code § 25-31-1-20

IC 25-31-1-20 Exempt persons

Sec. 20. (a) An employee or a subordinate of any person who holds a certificate of registration under the provisions of this chapter is exempt from the provisions of this chapter if the practice of the employee or subordinate does not include responsible charge of design or supervision. (b) This chapter does not require registration for the purpose of practicing engineering by an individual or a business: (1) on property owned or leased by that individual or business unless the engineering practice involves the public health or safety, or the health or safety of the employees of that individual or business; (2) for the performance of engineering which relates solely to the design or fabrication of manufactured products; or (3) that is registered as a landscape architect under IC 25-4-2 and while the individual or business is engaged in the practice of landscape architecture planning the use of land or water. Formerly: Acts 1935, c.148, s.20; Acts 1947, c.262, s.9; Acts 1951, c.125, s.1; Acts 1961, c.277, s.10; Acts 1969, c.279, s.7. As amended by Acts 1982, P.L.154, SEC.103; P.L.23-1991, SEC.27; P.L.1-1993, SEC.198; P.L.215-1993, SEC.20.

Ind. Code § 25-31-1-21

IC 25-31-1-21 License by reciprocity

Sec. 21. The board may, upon application and payment of a fee established by the board in the board's rules, issue a certificate of registration as a professional engineer to an individual who holds a valid certificate of registration as a professional engineer, issued to the applicant by the proper authority of any state or territory or possession of the United States if the requirements for registration of professional engineers that the certificate of registration was issued under do not conflict with the provisions of this chapter. In determining the qualifications of an applicant, the board may accept the verified professional record of the applicant that is certified by the National Council of Examiners for Engineers and Surveyors. However, an applicant meets the experience requirement under section 12 of this chapter if the applicant: (1) has at least three (3) years of engineering work experience after the applicant graduates from an approved engineering curriculum but before the applicant successfully passes an examination required under section 14 of this chapter; and (2) has been registered or licensed as a professional engineer in another state for at least ten (10) years. Formerly: Acts 1935, c.148, s.21; Acts 1957, c.320, s.10; Acts 1965, c.284, s.10; Acts 1969, c.279, s.8. As amended by Acts 1982, P.L.154, SEC.104; P.L.23-1991, SEC.28; P.L.215-1993, SEC.21; P.L.194-2005, SEC.82.

Ind. Code § 25-31-1-26

IC 25-31-1-26 Issuance of duplicate certificate

Sec. 26. A certificate of registration, or a certification as an engineering intern to replace a certificate which has been lost, destroyed, or mutilated, may be issued subject to the rules of the board and the fee established under IC 25-1-8-2 . Formerly: Acts 1935, c.148, s.26; Acts 1947, c.262, s.10; Acts 1961, c.277, s.12. As amended by P.L.215-1993, SEC.26; P.L.235-1995, SEC.10.

Ind. Code § 25-31-1-27

IC 25-31-1-27 Practicing without license and other specific violations

Sec. 27. A person who: (1) practices or offers to practice engineering without being registered or exempted under the laws of this state; (2) presents as the person's own the certificate of registration or the seal of another; (3) gives any false or forged evidence of any kind to the board or to any member of the board in obtaining a certificate of registration; (4) impersonates any other registrant; (5) uses an expired, suspended, or revoked certificate of registration; or (6) otherwise violates this chapter; commits a Class B misdemeanor. Formerly: Acts 1935, c.148, s.27; Acts 1947, c.262, s.11. As amended by Acts 1978, P.L.2, SEC.2554; P.L.23-1991, SEC.30; P.L.215-1993, SEC.27.

Ind. Code § 25-31-1-28

IC 25-31-1-28 Enforcement; use of investigative fund

Sec. 28. (a) It is the duty of all law enforcement officers of this state, or any political subdivision, to enforce the provisions of this chapter and to apprehend and prosecute any person who violates any of the provisions of this chapter. (b) The attorney general shall act as the legal advisor of the board and render any legal assistance as may be necessary in carrying out the provisions of this chapter. (c) The attorney general and the licensing agency may use the registered professional engineers and registered engineering interns investigative fund established by section 35 of this chapter to hire investigators and other employees to enforce the provisions of this article and to investigate and prosecute violations of this article. Formerly: Acts 1935, c.148, s.28. As amended by Acts 1982, P.L.154, SEC.106; P.L.215-1993, SEC.28; P.L.194-2005, SEC.83.

Ind. Code § 25-31-1-29

IC 25-31-1-29 Injunctions

Sec. 29. (a) The attorney general, the prosecuting attorney of any county, the board, or a citizen of any county where a person who is not exempted engages in the practice of engineering without first having obtained a certificate of registration or without first having renewed an expired certificate of registration may, in accordance with the provisions of the laws of this state governing injunctions, file an action in the name of the state of Indiana to enjoin that person from engaging in the practice of engineering until a certificate of registration is secured or renewed. (b) Any person who has been enjoined and violates an injunction shall be punished for contempt of court. An injunction does not relieve a person engaged in the practice of engineering without a certificate of registration or without first having renewed an expired certificate of registration from a criminal prosecution. (c) The remedy by injunction is in addition to any remedy provided for herein for the criminal prosecution of the offender. In charging any person in a complaint for violation of the provisions of this chapter by engaging in the practice of engineering without a certificate of registration or without having renewed an expired certificate of registration, it is sufficient to charge that the offender: (1) on a certain day in a certain county practiced or offered to practice engineering; and (2) was not registered or exempted under this chapter. Formerly: Acts 1935, c.148, s.29; Acts 1947, c.262, s.12. As amended by Acts 1982, P.L.154, SEC.107; P.L.23-1991, SEC.31; P.L.215-1993, SEC.29.

Ind. Code § 25-31-1-3

IC 25-31-1-3 State board of registration for professional engineers

Sec. 3. (a) The state board of registration for professional engineers is created. (b) The board consists of seven (7) members, six (6) of whom shall be registered professional engineers. (c) Subject to IC 25-1-6.5-3 , one (1) member must be appointed to represent the general public who is: (1) a resident of this state; and (2) not associated with professional engineering other than as a consumer. (d) All members of the board shall be appointed by the governor. (e) Subject to IC 25-1-6.5-3 , six (6) professional engineer members shall be appointed to the board. (f) A person appointed as a professional engineer member of the board must: (1) be a citizen of the United States; (2) have been a resident of this state for a period of at least five (5) years immediately before the time of the member's appointment; (3) be registered as a professional engineer and must have been engaged in the lawful practice of engineering for at least twelve (12) years; and (4) have been in responsible charge of engineering work or engineering teaching for at least five (5) years. To the extent possible, the governor shall appoint members to the board who serve or have served in diverse areas of professional practice. (g) Every member of the board shall be appointed under IC 25-1-6.5 . (h) Every member of the board shall receive a certificate of appointment from the governor, and, before beginning the member's term of office, file with the secretary of the board a written oath or affirmation for the faithful discharge of the member's official duties. (i) The governor may remove any member of the board under IC 25-1-6.5-4 . Formerly: Acts 1935, c.148, s.3; Acts 1965, c.284, s.3; Acts 1967, c.94, s.1. As amended by Acts 1981, P.L.222, SEC.230; P.L.23-1991, SEC.15; P.L.215-1993, SEC.3; P.L.249-2019, SEC.125.

Ind. Code § 25-31-1-30

IC 25-31-1-30 Exemption from statutes relating to practice of architecture

Sec. 30. (a) Except as provided in IC 25-4-1-11 , a person registered as a professional engineer under this chapter is exempt from the provisions of any and all statutes in force in this state regulating the practice of architecture. (b) This chapter does not apply to an individual registered as an architect under IC 25-4-1 . An architect, however, who is registered under IC 25-4-1 and exempted from this chapter may not use the designation "engineer" in any form or manner unless the architect is registered under this chapter. Formerly: Acts 1935, c.148, s.30; Acts 1967, c.95, s.2. As amended by Acts 1982, P.L.154, SEC.108; P.L.215-1993, SEC.30.

Ind. Code § 25-31-1-34

IC 25-31-1-34 Use of engineer in political subdivision job title

Sec. 34. (a) This section does not apply to a job position filled by the department of environmental management. (b) Unless a job position is filled by a professional engineer, the state or a political subdivision (as defined in IC 36-1-2-13 ) may not use the word "engineer" in the position's job title. As added by P.L.215-1993, SEC.31. Amended by P.L.16-1994, SEC.9.

Ind. Code § 25-31-1-35

IC 25-31-1-35 Investigative fund; administration by attorney general and licensing agency; appropriation

Sec. 35. (a) The registered professional engineers and registered engineering interns investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against violators of this article. The fund shall be administered by the attorney general and the licensing agency. (b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of money from the fee imposed upon registered professional engineers and registered engineering interns under section 9(b) of this chapter. (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. If the total amount in the fund exceeds five hundred thousand dollars ($500,000) at the end of a state fiscal year after payment of all claims and expenses, the amount that exceeds five hundred thousand dollars ($500,000) reverts to the state general fund. (e) Money in the fund is continually appropriated for use by the attorney general and the licensing agency to administer and enforce the provisions of this article and to conduct investigations and take enforcement action against persons violating the provisions of this article. As added by P.L.194-2005, SEC.84. Amended by P.L.177-2006, SEC.9.

Ind. Code § 25-31-1-36

IC 25-31-1-36 Notice of disciplinary action determination

Sec. 36. The board shall send written notice to the department of homeland security established by IC 10-19-2-1 of the determination of the board in a disciplinary action against an engineer under IC 25-1-11 . The board shall send the notice not later than three (3) business days after the date of the board's determination. As added by P.L.218-2014, SEC.18. Amended by P.L.187-2021, SEC.128.

Ind. Code § 25-31-1-4

IC 25-31-1-4 Compensation and expenses of board members

Sec. 4. (a) The members of the board shall receive a salary per diem for each and every day, or part of a day, while they are in actual attendance of any meeting of the board, or while they are engaged in the performance of the official business of the board. The salary per diem is in addition to any allowance, prescribed by the laws of the state, for subsistence and travel within Indiana. (b) Any member of the board, or the secretary of the board, may be authorized by the board to attend any engineering conference, or meeting, held outside of Indiana, the major purpose of the meeting being the consideration of problems directly associated with the registration of professional engineers. Any member of the board, in addition to any subsistence and travel allowance as prescribed by the laws of the state for travel outside of Indiana, shall receive a salary per diem for each and every day, or part of a day, while the board member is in actual attendance of any engineering conference or meeting held outside of Indiana, or while en route to and from the conference or meeting. Formerly: Acts 1935, c.148, s.4; Acts 1957, c.320, s.2. As amended by Acts 1976, P.L.119, SEC.23; Acts 1981, P.L.222, SEC.231; P.L.23-1991, SEC.16; P.L.215-1993, SEC.4.

Ind. Code § 25-31-1-7

IC 25-31-1-7 Enforcement and administration of chapter by board

Sec. 7. (a) The board shall enforce and administer the provisions of this chapter, and adopt rules, not inconsistent with the Constitution and laws of this state, as may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it. The board shall adopt rules establishing standards for the competent practice of engineering and for the administration of the registered professional engineers and registered engineering interns investigative fund established by section 35 of this chapter. Any rulemaking by the board shall be in accordance with IC 4-22-2 . (b) The board shall adopt and have an official seal. Formerly: Acts 1935, c.148, s.7. As amended by Acts 1981, P.L.222, SEC.233; P.L.23-1991, SEC.19; P.L.215-1993, SEC.7; P.L.194-2005, SEC.77.

Ind. Code § 25-31-1-9

IC 25-31-1-9 Disposition of receipts; fee

Sec. 9. (a) Except as provided in IC 25-31-1-35 and subsection (b), the licensing agency shall receive and account for all money collected under the provisions of this chapter and shall deposit the money with the treasurer of state to be deposited by the treasurer of state in the general fund of the state. (b) In addition to the registration fee established under section 13(c) of this chapter, the board shall establish a fee of not more than twenty dollars ($20) for registered professional engineers and registered engineering interns to be paid at the time of: (1) issuance of a certificate of registration; and (2) renewal of a certificate of registration; under this article to provide funds for administering and enforcing this article, including investigating and taking action against persons violating this article. All funds collected under this subsection shall be deposited into the registered professional engineers and registered engineering interns investigative fund established by section 35 of this chapter. Formerly: Acts 1935, c.148, s.9. As amended by Acts 1976, P.L.119, SEC.24; P.L.215-1993, SEC.9; P.L.194-2005, SEC.78; P.L.177-2006, SEC.7.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)