§ 89C-25. Limitations on application of Chapter. - North Carolina Statutes

§ 89C‑25.  Limitationson application of Chapter.

This Chapter shall not beconstrued to prevent or affect:

(1)        The practice ofarchitecture, landscape architecture, or contracting or any other legallyrecognized profession or trade.

(2)        The practice of professionalengineering or land surveying in this State or by any person not a resident ofthis State and having no established place of business in this State when thispractice does not aggregate more than 90 days in any calendar year, whetherperformed in this State or elsewhere, or involve more than one specificproject; provided, however, that the person is licensed to practice theprofession in the person's own state or country, in which the requirements andqualifications for obtaining a certificate of licensure are satisfactory to theBoard; in which case the person shall apply for and the Board will issue atemporary permit.

(3)        The practice ofprofessional engineering or land surveying in this State not to aggregate morethan 90 days by any person residing in this State, but whose residence has notbeen of sufficient duration for the Board to grant or deny licensure; provided,however, the person shall have filed an application for licensure as aprofessional engineer or professional land surveyor and shall have paid the feeprovided for in G.S. 89C‑14, and provided that the person is licensed topractice professional engineering or professional land surveying in theperson's own state or country in which the requirements and qualifications forobtaining a certificate of licensure are satisfactory to the Board, in whichcase the person shall apply for and the Board will issue a temporary permit.

(4)        Engaging inengineering or land surveying as an employee or assistant under the responsiblecharge of a professional engineer or professional land surveyor or as anemployee or assistant of a nonresident professional engineer or a nonresidentprofessional land surveyor provided for in subdivisions (2) and (3) of thissection, provided that the work as an employee may not include responsiblecharge of design or supervision.

(5)        The practice ofprofessional engineering or land surveying by any person not a resident of, andhaving no established place of business in this State, as a consultingassociate of a professional engineer or professional land surveyor licensedunder the provisions of this Chapter; provided, the nonresident is qualifiedfor performing the professional service in the person's own state or country.

(6)        Practice by membersof the armed forces; employees of the government of the United States whileengaged in the practice of engineering or land surveying solely for thegovernment on government‑owned works and projects; or practice by thoseemployees of the Natural Resources Conservation Service, county employees, oremployees of the Soil and Water Conservation Districts who have federalengineering job approval authority that involves the planning, designing, orimplementation of best management practices on agricultural lands.

(7)        The internal engineeringor surveying activities of a person, firm or corporation engaged inmanufacturing, processing, or producing a product, including the activities ofpublic service corporations, public utility companies, authorities, Stateagencies, railroads, or membership cooperatives, or the installation andservicing of their product in the field; or research and development inconnection with the manufacture of that product or their service; or of theirresearch affiliates; or their employees in the course of their employment inconnection with the manufacture, installation, or servicing of their product orservice in the field, or on‑the‑premises maintenance of machinery,equipment, or apparatus incidental to the manufacture or installation of theproduct or service of a firm by the employees of the firm upon property owned,leased or used by the firm; inspection, maintenance and service work done byemployees of the State of North Carolina, any political subdivision of theState, or any municipality including construction, installation, servicing,maintenance by regular full‑time employees of streets, street lighting,traffic‑control signals, police and fire alarm systems, waterworks,steam, electric and sewage treatment and disposal plants; the services of superintendents,inspectors or foremen regularly employed by the State of North Carolina or anypolitical subdivision of the State or a municipal corporation; provided,however, that the internal engineering or surveying activity is not a holdingout to or an offer to the public of engineering or any service thereof asprohibited by this Chapter. Engineering work, not related to the foregoingexemptions, where the safety of the public is directly involved shall be underthe responsible charge of a licensed professional engineer, or in accordancewith standards prepared or approved by a licensed professional engineer.

(8)        The (i) preparationof fire sprinkler planning and design drawings by a fire sprinkler contractorlicensed under Article 2 of Chapter 87 of the General Statutes, or (ii) theperformance of internal engineering or survey work by a manufacturing orcommunications common carrier company, or by a research and developmentcompany, or by employees of those corporations provided that the work is in connectionwith, or incidental to products of, or nonengineering services rendered bythose corporations or their affiliates.

(9)        The routinemaintenance or servicing of machinery, equipment, facilities or structures, thework of mechanics in the performance of their established functions, or theinspection or supervision of construction by a foreman, superintendent, oragent of the architect or professional engineer, or services of an operationalnature performed by an employee of a laboratory, a manufacturing plant, apublic service corporation, or governmental operation.

(10)      The design of landapplication irrigation systems for an animal waste management plan, required byG.S. 143‑215.10C, by a designer who exhibits, by at least three years ofrelevant experience, proficiency in soil science and basic hydraulics, and whois thereby listed as an Irrigation Design Technical Specialist by the NorthCarolina Soil and Water Conservation Commission. (1921, c. 1, s. 13; C.S., s.6055(o); 1951, c. 1084, s. 1; 1975, c. 681, s. 1; 1995, c. 146, s. 1; 1995(Reg. Sess., 1996), c. 742, s. 35; 1997‑454, s. 1; 1998‑118, s. 23;2007‑536, s. 1.)