CHAPTER 124

FORMERLY

HOUSE BILL NO. 373

AN ACT TO AMEND CHAPTER 28, TITLE 24, DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2803, Title 24 of the Delaware Code by striking subsection (7) in its entirety and substituting in lieu thereof the following:

"(7) 'Practice of engineering' or 'to practice engineering' or 'practive engineering' includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public."

Section 2. Amend Section 2802, Title 24, of the Delaware Code by striking it in its entirety and substituting in lieu thereof the following:

§2802. Declaration of purpose; unlawful practice

In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering in this State, to use in connection with his name, by verbal claim, sign, advertisement, letterhead, card or to in any other way, represent himself to be an engineer, a Professional Engineer or through the use of some other title imply that he is a Professional Engineer registered under this act; or to advertise any title or description tending to convey the impression that he is an engineer unless such person has been duly registered or exempted under the provisions of this act. The right to engage in the practice

of engineering shall be deemed a personal right based on the qualifications of the individual as evidenced by his certificate of registration, which shall not be transferable."

Section 3. Amend Section 2820, Title 24, of the Delaware Code by adding the following sentence to the second paragraph of §2820:

"Applicants for the permit must comply with all applicable State tax laws to the same extent as required by Delaware residents. Proof of compliance with all applicable State laws is required by the Council prior to actual issuance of permit."

Approved July 8, 1977.