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Professional Engineers (P.E.s)



What are the rules for providing professional engineering services?

Yes, a registered professional engineer in Colorado can practice engineering in the Stateand No, they can't legally offer professional engineering services in another state unless they are licensed in that state Or they practice under the responsible charge of a licensed engineer in that state.

The following highlights detail some of the laws for engineering in Colorado...


COLORADO REVISED STATUTES 
Title 12 
Professions and Occupations 
Article 25 
Engineers, Surveyors, and Architects 
Part 1 
Engineers 
Effective July 1, 2006

12-25-102. Definitions

(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 shall be construed as practicing or offering to practice "professional engineering" within the meaning and intent of this section if the individual, by verbal 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 licensedpursuant to this part 1.

(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.

12-25-103. Exemptions

(1) This part 1 shall not be construed to 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; ARTICLE 25,PART 1:ENGINEERS Effective July 1, 2006 Page 3 of 17 

(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

(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); or 

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

12-25-104. Forms of organizations permitted to practice.

(1) No partnership, corporation, limited liability company, or joint stock association shall be licensed under this part 1. No partnership, corporation, limited liability company, or joint stock association shall practice or offer to practice engineering in the state except under the following conditions:

(a) Professional engineers may practice under this part 1 as individuals or partners or through joint stock associations, registered limited liability partnerships, limited liability companies, or corporations.

(b) In the case of practice through a partnership, at least one of the partners shall be a professional engineer licensed under this part 1, and all engineering plans, designs, drawings, specifications, or reports issued by or for the partnership shall bear the seal of said professional engineer partner or a professional engineer in responsible charge of, and directly responsible for, such engineering work when issued. 

(c) In the case of the practice of engineering through a joint stock association, limited liability company, or corporation, engineering services or work involving the practice of engineering may be offered through such joint stock association, limited liability company, or corporation if the person in responsible charge of the engineering activities of the joint stock association, limited liability company, or corporation is a professional engineer licensed pursuant to this part 1. All engineering plans, designs, drawings, specifications, or reports that are involved in such practice, issued by or for such joint stock association, limited liability company, or corporation, shall bear the seal and signature of a professional engineer in responsible charge of, and directly responsible for, such engineering work when issued.

12-25-105. Unlawful practice - penalties - enforcement. 

(1) It is unlawful for any individual to hold himself or herself out to the public as a professional engineer unless such individual has complied with the provisions contained in this part 1. 

(2) It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, engineering in this state unless the individual in responsible charge has complied with the provisions of this part 1. 

(3) Unless licensed or exempted pursuant to this part 1, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use any of the following titlesCivil engineer, structural engineer, chemical engineer, petroleum engineer, mining engineer, mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to this part 1, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use the words"engineer", "engineered", or "engineering" in any offer to the public to perform the services set forth in section 12-25-102 (10). Nothing in this subsection (3) shall prohibit the general use of the words "engineer", "engineered", and "engineering" so long as such words are not being used in an offer to the public to perform the services set forth in section 12-25-102 (10). 

(5) It is unlawful for any individual to use in any manner a certificate or certificate number which has not been issued to such individual by the board. 
(6) The practice of professional engineering in violation of any of the provisions of this part 1 shall be either: 

(a) Restrained by injunction in an action brought by the attorney general or by the district attorney of the proper district in the county in which the violation occurs; or 

(b) (I) Ceased by order of the board pursuant to section 12-25-109 (8.2) to (8.9). (II) (Deleted by amendment, L. 2006, p. 782, § 16, effective July 1, 2006.) 

(7) Any person who practices or offers or attempts to practice rofessional engineering without an active license issued under this part 1 commits aclass 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and, for the second or any  subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(9) After finding that an individual, partnership, professional association, joint stock company, limited liability company, or corporation has unlawfully engaged in the practice of engineering, the board may jointly and severally assess a fine against such unlawfully engaged ARTICLE 25,PART 1:ENGINEERS Effective July 1, 2006 Page 5 of 17 party in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board. Any moneys collected as an administrative fine pursuant to this subsection (9) shall be transmitted to the state treasurer, who shall credit such moneys to the general fund.

(10) An individual practicing professional engineering who is not licensed or exempt shall not collect compensation of any kind for such practice, and, if compensation has been paid, the compensation shall be refunded in full.



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