(1) This chapter shall not be construed to prevent or to affect:(a) The practice of any other legally recognized profession or trade, such as: (i) engineers employed by contractors to supervise work on which a licensed engineer is engaged; (ii) architects who are registered under the provisions of Title 73, Chapter 1; (iii) attorneys licensed to practice law under the provisions of Title 73, Chapter 3 while creating, preparing, drafting, revising or modifying any deed, deed of trust, easement, boundary line agreement or other legal instrument affecting title to real property, including the drafting or preparation of legal descriptions of real property therein, provided that such drafting does not involve determining boundary locations through measurement, boundary retracement or monument placement in the field; or preparing any subdivision legal description, lot layout or plat to be submitted for county or municipal approval when bearings, distances or measurements are required to establish new boundary lines on the ground; or preparing metes and bounds descriptions when newly created bearings, distances or measurements are needed to properly describe the tract being conveyed; and (iv) the practice of geology as regulated pursuant to Title 73, Chapter 63;(b) The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final designs or decisions and is done under the responsibility, checking and supervision of a person holding a license under this chapter;(c) The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering or surveying for the federal government;(d) The performance of engineering services by any regular full-time employee of a manufacturing, research and development, railroad or other industrial corporation, provided:(i) Such services are rendered on or in connection with existing fixed works, equipment, systems, processes or facilities owned, operated, or leased by such corporation and/or its affiliates;(ii) Such services are not rendered to third parties;(iii) Such services do not consist of original plant design, original system design, or original process design, other than routine system extensions that do not compromise the integrity of the original design;(iv) Such services comply with all requirements specified by the employee’s company or corporation;(v) All fixed works, equipment, systems, processes or facilities modified by such services undergo a safety review that confirms: 1. the construction and equipment is in accordance with design specifications; and 2. safety, operating, maintenance and emergency procedures are in place to safeguard life, health and property;(vi) Such services are not required to be performed, approved, or certified by a professional engineer pursuant to law or regulation, whether federal, state or local, other than as defined in this chapter or any applicable rules or regulations promulgated by the board.That this paragraph (d) is intended to codify the policy and practices of the board at the time of enactment of this Chapter 534, Laws of 1999, and any ambiguities in this subsection should be construed in accordance with this intent;(e) The performance of engineering or surveying services with respect to utility facilities by any public utility subject to regulation by the Mississippi Public Service Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, or the Nuclear Regulatory Commission, including its parents, affiliates and subsidiaries, provided that they are engaged solely and exclusively in performing service for such public utility and/or its parents, affiliates or subsidiaries, and as long as such services comply with all standard operating procedures and requirements specified by the employee’s company or corporation. This exemption shall not extend to: (i) the practice of engineering or surveying performed by public utilities or their officers or employees when such services are rendered to nonaffiliated third parties in exchange for compensation other than that received from their employer, or the use of any name, title or words which tend to convey the impression that a nonlicensee is offering engineering or surveying services to the public; and (ii) services which are required to be performed, approved or certified by a professional engineer or professional surveyor pursuant to law or regulation whether federal, state or local, other than this chapter hereof or any applicable rules or regulations promulgated by the board.That this paragraph (e) is intended to codify the policy and practices of the board at the time of enactment of Chapter 534, Laws of 1999, and that any ambiguities in this subsection should be construed in accordance with this intent;(f) The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery, equipment, water plants, power generation, utility transmission, utility distribution facilities, sewage plants and solid waste disposal facilities;(g) Activities conducted during the course of, or in anticipation of, litigation including, but not limited to: analyzing, evaluating, consulting, reconstructing, testing, responding to the opinions and testing conducted by others, and offering expert testimony. However, this exemption shall not apply in legal proceedings where the subject matter of the litigation or claim is nonforensic engineering activity legally required to be performed under a Mississippi engineer’s license;(h) Certain elected or appointed county surveyors. A county surveyor as provided in Section 135 of the Mississippi Constitution, and Sections 19-27-1 through 19-27-35 implementing the constitutional provision, who holds the office of county surveyor by either election or appointment, shall be exempt from the provisions of this chapter provided he or she held the office of county surveyor by either election or appointment on or before December 31, 1983;(i) The work of a regular employee of a railroad, rendering to the railroad surveying services in connection with its facilities within the exclusive scope of his or her employment provided that:(i) Any new right-of-way acquisitions for construction of rail lines by class one railroads shall be surveyed and platted in compliance with the Mississippi Standards of Practice for Surveying by a Mississippi professional surveyor; and(ii) Upon the removal of track and disposition of an abandoned rail line the railroad shall retain and make available upon reasonable request from Mississippi licensed surveyors the railroad’s valuation surveys for any abandoned rail line;(j) The practice of geologists performing geologic mapping insofar as such practice does not encompass tasks or projects included by statute in the scope of work comprising the practice of professional surveying as defined in this chapter; or(k) Any municipality or county from creating maps for use in planning, zoning, taxing, elections, police or fire, E-911, public works, transportation or related activities. However, if any such document does not bear the seal and signature of a professional surveyor, the document shall not be considered to be certifiably accurate as to position or location, nor shall the document be considered to be an official survey.
(a) The practice of any other legally recognized profession or trade, such as: (i) engineers employed by contractors to supervise work on which a licensed engineer is engaged; (ii) architects who are registered under the provisions of Title 73, Chapter 1; (iii) attorneys licensed to practice law under the provisions of Title 73, Chapter 3 while creating, preparing, drafting, revising or modifying any deed, deed of trust, easement, boundary line agreement or other legal instrument affecting title to real property, including the drafting or preparation of legal descriptions of real property therein, provided that such drafting does not involve determining boundary locations through measurement, boundary retracement or monument placement in the field; or preparing any subdivision legal description, lot layout or plat to be submitted for county or municipal approval when bearings, distances or measurements are required to establish new boundary lines on the ground; or preparing metes and bounds descriptions when newly created bearings, distances or measurements are needed to properly describe the tract being conveyed; and (iv) the practice of geology as regulated pursuant to Title 73, Chapter 63;
(b) The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final designs or decisions and is done under the responsibility, checking and supervision of a person holding a license under this chapter;
(c) The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering or surveying for the federal government;
(d) The performance of engineering services by any regular full-time employee of a manufacturing, research and development, railroad or other industrial corporation, provided:(i) Such services are rendered on or in connection with existing fixed works, equipment, systems, processes or facilities owned, operated, or leased by such corporation and/or its affiliates;(ii) Such services are not rendered to third parties;(iii) Such services do not consist of original plant design, original system design, or original process design, other than routine system extensions that do not compromise the integrity of the original design;(iv) Such services comply with all requirements specified by the employee’s company or corporation;(v) All fixed works, equipment, systems, processes or facilities modified by such services undergo a safety review that confirms: 1. the construction and equipment is in accordance with design specifications; and 2. safety, operating, maintenance and emergency procedures are in place to safeguard life, health and property;(vi) Such services are not required to be performed, approved, or certified by a professional engineer pursuant to law or regulation, whether federal, state or local, other than as defined in this chapter or any applicable rules or regulations promulgated by the board.That this paragraph (d) is intended to codify the policy and practices of the board at the time of enactment of this Chapter 534, Laws of 1999, and any ambiguities in this subsection should be construed in accordance with this intent;
(i) Such services are rendered on or in connection with existing fixed works, equipment, systems, processes or facilities owned, operated, or leased by such corporation and/or its affiliates;
(ii) Such services are not rendered to third parties;
(iii) Such services do not consist of original plant design, original system design, or original process design, other than routine system extensions that do not compromise the integrity of the original design;
(iv) Such services comply with all requirements specified by the employee’s company or corporation;
(v) All fixed works, equipment, systems, processes or facilities modified by such services undergo a safety review that confirms: 1. the construction and equipment is in accordance with design specifications; and 2. safety, operating, maintenance and emergency procedures are in place to safeguard life, health and property;
(vi) Such services are not required to be performed, approved, or certified by a professional engineer pursuant to law or regulation, whether federal, state or local, other than as defined in this chapter or any applicable rules or regulations promulgated by the board.
That this paragraph (d) is intended to codify the policy and practices of the board at the time of enactment of this Chapter 534, Laws of 1999, and any ambiguities in this subsection should be construed in accordance with this intent;
(e) The performance of engineering or surveying services with respect to utility facilities by any public utility subject to regulation by the Mississippi Public Service Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, or the Nuclear Regulatory Commission, including its parents, affiliates and subsidiaries, provided that they are engaged solely and exclusively in performing service for such public utility and/or its parents, affiliates or subsidiaries, and as long as such services comply with all standard operating procedures and requirements specified by the employee’s company or corporation. This exemption shall not extend to: (i) the practice of engineering or surveying performed by public utilities or their officers or employees when such services are rendered to nonaffiliated third parties in exchange for compensation other than that received from their employer, or the use of any name, title or words which tend to convey the impression that a nonlicensee is offering engineering or surveying services to the public; and (ii) services which are required to be performed, approved or certified by a professional engineer or professional surveyor pursuant to law or regulation whether federal, state or local, other than this chapter hereof or any applicable rules or regulations promulgated by the board.
That this paragraph (e) is intended to codify the policy and practices of the board at the time of enactment of Chapter 534, Laws of 1999, and that any ambiguities in this subsection should be construed in accordance with this intent;
(f) The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery, equipment, water plants, power generation, utility transmission, utility distribution facilities, sewage plants and solid waste disposal facilities;
(g) Activities conducted during the course of, or in anticipation of, litigation including, but not limited to: analyzing, evaluating, consulting, reconstructing, testing, responding to the opinions and testing conducted by others, and offering expert testimony. However, this exemption shall not apply in legal proceedings where the subject matter of the litigation or claim is nonforensic engineering activity legally required to be performed under a Mississippi engineer’s license;
(h) Certain elected or appointed county surveyors. A county surveyor as provided in Section 135 of the Mississippi Constitution, and Sections 19-27-1 through 19-27-35 implementing the constitutional provision, who holds the office of county surveyor by either election or appointment, shall be exempt from the provisions of this chapter provided he or she held the office of county surveyor by either election or appointment on or before December 31, 1983;
(i) The work of a regular employee of a railroad, rendering to the railroad surveying services in connection with its facilities within the exclusive scope of his or her employment provided that:(i) Any new right-of-way acquisitions for construction of rail lines by class one railroads shall be surveyed and platted in compliance with the Mississippi Standards of Practice for Surveying by a Mississippi professional surveyor; and(ii) Upon the removal of track and disposition of an abandoned rail line the railroad shall retain and make available upon reasonable request from Mississippi licensed surveyors the railroad’s valuation surveys for any abandoned rail line;
(i) Any new right-of-way acquisitions for construction of rail lines by class one railroads shall be surveyed and platted in compliance with the Mississippi Standards of Practice for Surveying by a Mississippi professional surveyor; and
(ii) Upon the removal of track and disposition of an abandoned rail line the railroad shall retain and make available upon reasonable request from Mississippi licensed surveyors the railroad’s valuation surveys for any abandoned rail line;
(j) The practice of geologists performing geologic mapping insofar as such practice does not encompass tasks or projects included by statute in the scope of work comprising the practice of professional surveying as defined in this chapter; or
(k) Any municipality or county from creating maps for use in planning, zoning, taxing, elections, police or fire, E-911, public works, transportation or related activities. However, if any such document does not bear the seal and signature of a professional surveyor, the document shall not be considered to be certifiably accurate as to position or location, nor shall the document be considered to be an official survey.
(2) In addition to the exemptions provided in subsection (1) of this section, there is granted and reserved to the board the authority to exempt from this chapter by regulations specific engineering or surveying tasks or functions performed by regular full-time employees of manufacturing, public utility, research and development, railroad or other industrial corporations rendered in the course and scope of their employment, on a case by case basis, if, in the opinion of the board, the public health and welfare is not endangered and the engineering and surveying professions are not diminished.