Exhibit A_Colorado Revised Statute CRS 12-25 Part 1 Engineering.pdf

C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 1985 are shown in editor's notes following those sections that were relocated.

Cross references: For public policy concerning accurate land boundaries and public records relating thereto, see § 38-53-101; for surveys and boundaries, see articles 50 to 53 of title 38; for provisions regarding geology and the definition of "professional geologist", see part 2 of article 41 of title 23; for the responsibilities of engineers concerning the obtaining of underground facilities information prior to excavation, see § 9-1.5-103; for the statute of limitations for actions against engineers and architects, see § 13-80-104; for the statute of limitations for actions against land surveyors, see § 13-80-105.

PART 1

ENGINEERS

12-25-101. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering is declared to be subject to regulation in the public interest. It shall be deemed that the right to engage in the practice of engineering is a privilege granted by the state through the state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-25-106; that the profession involves personal skill and presupposes a period of intensive preparation, internship, due examination, and admission; and that a professional engineer's license is solely such professional engineer's own and is nontransferable.

Source: L. 85: Entire article R&RE, p. 461, § 1, effective July 1. L. 94: Entire section amended, p. 1481, § 1, effective July 1. L. 2004: Entire section amended, p. 1292, § 7, effective May 28. L. 2006: Entire section amended, p. 741, § 4, effective July 1.

Editor's note: This section is similar to former § 12-25-101 as it existed prior to 1985.

12-25-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Board" means the state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-25-106.

(2) "Certificate" means the media issued by the board to evidence licensing of a professional engineer.

(3) "Engineer" means a person who, by reason of intensive preparation in the use of mathematics, chemistry, physics, and engineering sciences, including the principles and methods of engineering analysis and design, is qualified to perform engineering work as defined in this part 1.

(4) "Engineering" means analysis or design work requiring intensive preparation and experience in the use of mathematics, chemistry, and physics and the engineering sciences.

(5) "Engineering experience", in addition to the practice of engineering as defined in subsection (10) of this section, may include:

(a) Up to four years of undergraduate engineering study, as approved by the board, in mathematics, basic science, engineering science, engineering design, and engineering practice;

Page 112 of 1001Colorado Revised Statutes 2018 Uncertified Printout

VHAECHChengJ Highlight

(b) Up to two years of graduate engineering study as approved by the board if the study results in the award of an advanced degree;

(c) Teaching at the instructor level, or at a higher level, of courses in engineering science, design, or engineering practice at a college or university offering an engineering curriculum of four or more years which is approved by the board or at a college offering courses transferable to a board-approved college. This experience must result from a full-time position in teaching or teaching and research.

(d) Engineering research, including that performed by a teacher at the instructor level or at a higher level. The research done by the teacher must be part of his assigned duties in a full-time position in teaching and research.

(6) "Engineer-intern" means a person who has complied with the requirements of sections 12-25-111 and 12-25-112 and is duly enrolled as an "engineer-intern".

(7) (Deleted by amendment, L. 2004, p. 1293, § 8, effective May 28, 2004.)

(8) "License" means the formal legal permission to practice engineering granted by the board.

(9) Repealed.

(10) (a) "Practice of engineering" means the performance for others of any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical and engineering sciences to such professional services or creative work, including consultation, investigation, evaluation, planning, design, and the observation of construction to evaluate compliance with plans and specifications in connection with the utilization of the forces, energies, and materials of nature in the development, production, and functioning of engineering processes, apparatus, machines, equipment, facilities, structures, buildings, works, or utilities, or any combination or aggregations thereof, employed in or devoted to public or private enterprise or uses.

(b) An individual practices or offers to practice "professional engineering" within the meaning and intent of this section if the individual, by oral claim, sign, advertisement, letterhead, card, or in any other way, represents himself or herself to be a professional engineer, through the use of any other means implies that the individual is licensed under this part 1, or performs engineering services.

(11) "Professional engineer" means an engineer duly licensed pursuant to this part 1.

(12) and (13) (Deleted by amendment, L. 2004, p. 1293, § 8, effective May 28, 2004.)

(14) "Responsible charge" means personal responsibility for the control and direction of engineering work within a professional engineer's scope of competence. Experience may only be classified as "responsible charge" if the engineer is licensed pursuant to this part 1, unless the work involves an activity exempted pursuant to section 12-25-103.

Source: L. 85: Entire article R&RE, p. 461, § 1, effective July 1. L. 88: (9) repealed, p.

519, § 34, effective July 1. L. 94: (1), (2), (6), and (10) to (14) amended, p. 1481, § 2, effective July 1. L. 2004: (1), (2), (7), and (10) to (14) amended, p. 1293, § 8, effective May 28. L. 2006:

(1) amended, p. 741, § 5, effective July 1. L. 2013: (10)(b) amended, (SB 13-161), ch. 356, p.

2079, § 3, effective July 1.

Editor's note: This section is similar to former § 12-25-102 as it existed prior to 1985.

Page 113 of 1001Colorado Revised Statutes 2018 Uncertified Printout

12-25-103. Exemptions. (1) This part 1 does not affect any of the following:

(a) Individuals who normally operate and maintain machinery or equipment;

(b) Individuals who perform engineering services for themselves;

(c) Partnerships, professional associations, joint stock companies, limited liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;

(d) Individuals who perform engineering services under the responsible charge of a professional engineer;

(e) Work of a strictly agricultural nature which is not required to be of public record;

(f) Professional land surveying as defined in section 12-25-202 (6);

(g) Individuals who are employed by and perform engineering services solely for a county, city and county, or municipality;

(h) (Deleted by amendment, L. 94, p. 1482, § 3, effective July 1, 1994.)

(i) Individuals who are employed by and perform engineering services solely for the federal government;

(j) Individuals who practice architecture as defined in section 12-25-302 (6);

(k) Utilities or their employees or contractors when performing services for another utility during times of natural disasters or emergency situations; or

(l) Individuals who practice landscape architecture as defined in section 12-45-103 (8).

Source: L. 85: Entire article R&RE, p. 463, § 1, effective July 1. L. 88: (1)(g) and (1)(h) amended and (1)(i) added, p. 503, § 1, effective July 1. L. 94: Entire section amended, p. 1482, § 3, effective July 1. L. 2004: (1)(d) amended, p. 1293, § 9, effective May 28. L. 2006: (1)(j) amended, p. 761, § 18, effective July 1. L. 2013: IP(1), (1)(j), and (1)(k) amended and (1)(l) added, (SB 13-161), ch. 356, p. 2079, § 4, effective July 1.

Editor's note: This section is similar to former § 12-25-115 as it existed prior to 1985.

12-25-104. Forms of organizations permitted to practice. A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 1. An entity may practice or offer to practice engineering in Colorado only if the individual in responsible charge of the entity's engineering activities performed in Colorado is a professional engineer licensed in Colorado. All engineering documents, plats, and reports issued by or for the entity in connection with engineering work performed in this state must bear the seal and signature of the Colorado-licensed professional engineer who is in responsible charge of and directly responsible for the engineering work.

Source: L. 85: Entire article R&RE, p. 464, § 1, effective July 1. L. 94: Entire section amended, p. 1483, § 4, effective July 1. L. 95: (1)(a) amended, p. 811, § 29, effective May 24. L.

2004: IP(1), (1)(b), and (1)(c) amended, p. 1294, § 10, effective May 28. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2079, § 5, effective July 1.

Editor's note: This section is similar to former § 12-25-103 as it existed prior to 1985.

Page 114 of 1001Colorado Revised Statutes 2018 Uncertified Printout