(For Effective Date, See note.) Exceptions to Operation of Chapter

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Professional Engineers and Land Surveyors
  5. (For Effective Date, See note.) Exceptions to Operation of Chapter

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  1. Nothing in this chapter shall be construed as excluding a qualified architect registered in this state from such engineering practice as may be incident to the practice of his or her profession or as excluding a professional engineer from such architectural practice as may be incident to the practice of professional engineering.
  2. (For effective date, see note.) The following persons shall be exempt from this chapter:
    1. An individual working as an employee or a subordinate of an individual holding a certificate of registration or license under this chapter or an employee of an individual practicing lawfully under Code Section 43-15-21, provided that such work does not include final design decisions and is done under the supervision of, and responsibility therefor is assumed by, an individual holding a certificate of registration or license under this chapter or an individual practicing lawfully under Code Section 43-15-21;
    2. Officers and employees of the government of the United States while engaged within this state in the practice of professional engineering, structural engineering, or land surveying for such government;
    3. All elected officers of the political subdivisions of this state while in the practice of professional engineering, structural engineering, or land surveying in the performance of their official duties;
    4. Officers and employees of the Department of Transportation, except as required by Title 46, while engaged within this state in the practice of professional engineering, structural engineering, or land surveying for such department;
    5. Any defense, aviation, space, or aerospace company. As used in this paragraph, the term "company" shall mean any sole proprietorship, firm, limited liability company, partnership, joint venture, joint stock association, corporation, or other business entity and any subsidiary or affiliate of such business entity;
    6. Any employee, contract worker, subcontractor, or independent contractor who works for a defense, aviation, space, or aerospace company that is not required to be licensed under the provisions of this chapter pursuant to paragraph (5) of this subsection and who provides engineering for aircraft, space launch vehicles, launch services, satellites, satellite services, missiles, rockets, or other defense, aviation, space, or aerospace related products or services, or any components thereof; and
    7. Any officer or employee of a state government agency or department, county or municipal government, regional commission, or utility authority who is engaged in the gathering, processing, managing, and sharing of geospatial and photogrammetric data for cataloging or mapping purposes for his or her respective agency.
  3. (For effective date, see note.) This chapter shall not be construed as requiring registration or licensing for the purpose of practicing professional engineering, structural engineering, or land surveying by an individual, firm, or corporation on property owned or leased by such individual, firm, or corporation unless the same involves the public safety or public health or for the performance of engineering which relates solely to the design or fabrication of manufactured products.
  4. (For effective date, see note.) This chapter shall not be construed to prevent or affect the practice of professional engineering, structural engineering, and land surveying with respect to utility facilities by any public utility subject to regulation by the Public Service Commission, the Federal Communications Commission, the Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time permanent employees of any such public utility, including its parents, affiliates, or subsidiaries, except where such practice involves property lines of adjoining property owners, provided that this exception does not extend to any professional engineer, professional structural engineer, or professional land surveyor engaged in the practice of professional engineering, structural engineering, or land surveying whose compensation is based in whole or in part on a fee or to any engineering services performed by the utility companies referenced in this subsection not directly connected with work on their facilities.
  5. This chapter shall not be construed to affect the lawful practice of a person acting within the scope of a certificate of registration or license granted by the state under any other law.
  6. Nothing in this chapter shall be construed to require a contractor or an employee of a contractor that is performing layouts and measurements for a highway or construction project of such contractor to be licensed as a professional land surveyor; provided, however, that such individuals shall be prohibited from providing or offering to provide any other land surveying services and from performing a layout for a highway or construction project relative to a buffer, setback, or property line.

(Ga. L. 1937, p. 294, § 20; Ga. L. 1945, p. 294, § 32; Ga. L. 1972, p. 222, § 12; Code 1933, § 84-2125, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 1999, p. 81, § 43; Ga. L. 2015, p. 343, § 1/HB 18; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2020, p. 642, § 10/SB 310.)

OPINIONS OF THE ATTORNEY GENERAL

By use of word "solely" in subsection (c) of this section, the legislature's intention was to strictly construe the exemption; an exemption contrary to the express intention of the statute should be given a narrow construction. 1980 Op. Att'y Gen. No. 80-69.


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