Observation by registered professionals required

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  1. (a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102, in their respective areas of expertise.

  2. (b) Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure:

    1. (1) For an engineering project does not exceed twenty-five thousand dollars ($25,000); or

    2. (2) For an architectural project does not exceed one hundred thousand dollars ($100,000).

  3. (c) This section does not apply to:

    1. (1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; or

    2. (2)

      1. (A) The design or construction of an unpaved trail project as defined under § 22-2-102.

      2. (B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division.


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