Montana Professional Engineer Licensing Law

Montana Code · 14 sections

The following is the full text of Montana’s professional engineer licensing law statutes as published in the Montana Code. For the official version, see the Montana Legislature.

Mont. Code Ann. § 37-45-104

37-45-104. Exemptions. As related to construction contractors, this chapter does not apply: (1) to an authorized representative of the United States government, the state of Montana, or any incorporated municipality, county, alternative form of local government, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state; (2) to an officer of a court acting within the scope of office; (3) to a public utility operating under the regulations of the public service commission or to a rural cooperative utility operating under Title 35, chapter 18, in construction, maintenance, or development work incidental to its own business; (4) to the repair or operation incidental to the discovery or production of oil or gas or incidental to the drilling, testing, abandoning, or other operation of an oil or gas well or a surface or underground mine or mineral deposit; (5) to the sale or installation of finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a structure; (6) to the construction, alteration, improvement, or repair carried on within the limits and boundaries of a site or reservation under the exclusive legal jurisdiction of the federal government; (7) to a person who only furnished materials, supplies, or equipment without fabricating them into or consuming them in the performance of the work of the construction contractor; (8) to work or operation on one undertaking or project considered of a casual, minor, or inconsequential nature, by one or more contracts, the aggregate contract price of which, for labor and materials and all other items, is less than $2,500 a job. The exemption prescribed in this subsection does not apply when the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different construction contractor, or in which a division of the operation is made into contracts of amounts of less than $2,500 a job for the purpose of evasion of this chapter or otherwise. (9) to a farmer or rancher while engaged in a farming, dairying, agriculture, viticulture, horticulture, or stock or poultry operation; (10) to an irrigation district or reclamation district; (11) to an operation related to clearing or other work upon land in rural districts for fire prevention purposes; (12) to an owner who contracts for work to be performed by a registered construction contractor, but this exemption does not apply to an owner who is otherwise covered by this chapter who constructs a residence on the owner's property with the intention and for the purpose of promptly selling the improved property; (13) to an owner working on the owner's property, whether occupied by the owner or not, but this exemption does not apply to an owner who is otherwise covered by this chapter who constructs an improvement on the owner's property with the intention and for the purpose of promptly selling the improved property, unless the owner has continuously occupied the property as the owner's primary residence for at least the last 12 months; (14) to owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties; (15) to an architect, civil or professional engineer, or professional land surveyor, licensed in Montana and acting solely in a professional capacity; (16) to an electrician or plumber, licensed in Montana, operating within the scope of the license; (17) to a contract security company, licensed under Title 37, chapter 60, operating within the scope of the license; (18) to a person who engages in the activities regulated as an employee of a registered construction contractor with wages as the sole compensation or as an employee with wages as the sole compensation; (19) to a person or entity licensed under Title 50, chapter 39, to sell, install, or service fire suppression or fire protection equipment; (20) to a water well contractor licensed under Title 37, chapter 43, performing the work of a water well contractor; (21) to an enrolled tribal member or an association, business, corporation, or other entity, at least 51% of which is owned by an enrolled tribal member or members and whose business is conducted solely within the exterior boundaries of an Indian reservation; (22) to a contractor engaged in the logging industry who builds forest access roads for the purpose of harvesting and transporting logs from forest to mill; (23) to a person working on the person's own residence, if the residence is owned by a person other than the resident; or (24) to an independent contractor who has no employees. However, an independent contractor may voluntarily elect to register under this chapter.

Mont. Code Ann. § 37-67-101

37-67-101. Definitions. As used in this chapter, the following definitions apply: (1) "Board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763. (2) "Branch office" means any office or location where business is conducted that is not the headquarters, main office, home office, or other primary location of a sole proprietorship, firm, partnership, or corporation for purposes of regulation under 37-67-328. (3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (4) "Engineer intern" means a person who complies with the requirements for education, experience, and character and has passed an examination in the fundamental engineering subjects, as provided in this chapter. (5) (a) "Engineering survey" means all survey activities required to support the sound conception, planning, design, construction, maintenance, operation, and association of engineering projects. (b) The term does not include the surveying of real property for the establishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system. (6) "Land surveyor intern" means a person who has qualified for, taken, and passed an examination on the basic disciplines of land surveying, as provided in this chapter. (7) (a) "Practice of engineering" means: (i) any service or creative work the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of water, teaching of advanced engineering subjects, engineering surveys, and the inspection of construction for the purpose of ensuring compliance with drawings and specifications; (ii) any of the functions described in subsection (7)(a)(i) that embrace the services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of mechanical, electrical, hydraulic, pneumatic, or thermal nature insofar as they involve safeguarding life, health, or property. (b) The term includes other professional services necessary to the planning, progress, and completion of any engineering services. (c) The term does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, communication lines, signal circuits, electric powerlines, or pipelines. (8) "Practice of land surveying" means any service or work, the performance of which requires the application of special knowledge of the principles of mathematics, physical sciences, applied sciences, and: (a) the principles of property boundary law to the recovery and preservation of evidence pertaining to earlier land surveys; (b) teaching of land surveying subjects; (c) measurement and allocation of lines, angles, elevations, and coordinate systems; (d) location of natural and constructed features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water, including work for the determination of areas and volumes; (e) monumenting of property boundaries; (f) platting and layout of lands and the subdivisions of land, including the alignment and grades of streets and roads in subdivisions; (g) preparation and perpetuation of maps, plats, field note records, and property descriptions; and (h) locating, relocating, establishing, reestablishing, laying out, or retracing of any property line or boundary of any tract of land or road, right-of-way, easement, right-of-way easement, alignment, or elevation of any of the fixed works embraced within the practice of engineering. (9) "Professional engineer" means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering and who has been licensed as a professional engineer by the board. (10) "Professional land surveyor" means a person who: (a) has been licensed as a land surveyor by the board; (b) is a professional specialist in the technique, analysis, and application of measuring land; (c) is skilled and educated in the principles of mathematically related physical and applied sciences, relevant requirements of law for adequate evidence, and all requisites to the surveying of real property; and (d) is engaged in the practice of land surveying. (11) "Responsible charge" means direct charge and control and personal supervision either of engineering work or of land surveying. Only a professional engineer or a professional land surveyor may legally assume responsible charge under this chapter.

Mont. Code Ann. § 37-67-102

37-67-102. Representation as practitioner to be considered as practice. (1) A person must be considered to practice or offer to practice engineering, within the meaning and intent of this chapter, who: (a) practices any branch of the profession of engineering; (b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents that the person is a professional engineer or through the use of some other title implies that the person is a professional engineer or is licensed under this chapter; or (c) represents that the person is able to perform or does perform any engineering service or work or any other service designated by the practitioner that is recognized as engineering. (2) A person must be considered to practice or offer to practice land surveying, within the meaning and intent of this chapter, who: (a) engages in land surveying; (b) by verbal claim, sign, letterhead, card, or in any other way represents that the person is a professional land surveyor or through the use of some other title implies that the person is a professional land surveyor; or (c) represents that the person is able to perform or does perform any land surveying service or work or any other service designated by the practitioner that is recognized as land surveying.

Mont. Code Ann. § 37-67-103

37-67-103. Exemptions. The following are exempt from licensure under this chapter: (1) the practice of any other legally recognized professions or trades; (2) the mere execution of work by a contractor, as distinguished from its planning or design or the supervision of the construction of work as a lead supervisor or superintendent; (3) the work of an employee or a subordinate of a person holding a license under this chapter or an employee of a person practicing lawfully under this chapter if the work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of a person holding a license under this chapter or a person practicing lawfully under this chapter; (4) the practice of professional engineering by licensed architects when the practice is purely incidental to their practice of architecture.

Mont. Code Ann. § 37-67-204

37-67-204. Record of proceedings -- register of applicants. (1) The department shall keep a record of its proceedings and a register of the board's proceedings. (2) The department shall keep a register of applicants for licensure, which must show: (a) the name, age, and residence of each applicant; (b) the date of the application; (c) the place of business of the applicant; (d) the applicant's educational and other qualifications; (e) the branch or branches of engineering in which the applicant qualified; (f) whether an examination was required; (g) whether the applicant was rejected; (h) whether a license was granted; (i) the date of the action of the board; and (j) other information considered necessary by the board. (3) The records of the department are prima facie evidence of the proceedings of the board, and a transcript of the proceedings, certified by the department, is admissible in evidence as if the original were produced.

Mont. Code Ann. § 37-67-301

37-67-301. License required to practice or offer to practice. In order to safeguard life, health, and property and to promote the public welfare, a person in either a public or private capacity practicing or offering to practice engineering or land surveying is required to submit evidence that the person is qualified to practice and is licensed as provided in this chapter. It is unlawful for a person to practice or to offer to practice in this state engineering or land surveying or to use in connection with the person's name or otherwise assume, use, or advertise any title or description tending to convey the impression that the person is a professional engineer or a professional land surveyor unless the person has been licensed under the provisions of this chapter.

Mont. Code Ann. § 37-67-312

37-67-312. Licensure of professional engineers without examination by comity. A person holding a license or certificate of registration to engage in the practice of engineering in another state, territory, or possession of the United States, the District of Columbia, or any foreign country may be issued a license in this state if the person applies in the manner required by the board, meets the qualifications provided in 37-67-323, and has passed the principles and practices of engineering examination. An applicant whose initial licensure in another state does not meet the experience requirements of 37-67-323 must be required to demonstrate 2 years of postlicensure experience for each year of prelicensure deficiency.

Mont. Code Ann. § 37-67-314

37-67-314. Issuance of licenses -- seal of professional engineer or professional land surveyor. (1) The department shall issue to an applicant who, in the opinion of the board, has met the requirements of this chapter a license authorizing the applicant to engage in the practice of engineering or the practice of land surveying and to assume responsible charge of engineering or land surveying projects in this state. The license for a professional engineer must carry the designation "professional engineer" and for a professional land surveyor "professional land surveyor" and must include the full name and license number of the licensee. (2) Each licensee may, upon licensure, obtain a seal of a design authorized by the board. The licensee shall sign, date, and seal professional or technical documents created in the practice of professional engineering or professional land surveying. (3) A license is prima facie evidence that the named person is entitled to all rights, privileges, and responsibilities of a professional engineer or professional land surveyor while the license remains valid. (4) It is unlawful for a licensee whose license has expired to sign or seal any professional or technical document or be in responsible charge of a professional engineering or professional land surveying project.

Mont. Code Ann. § 37-67-323

37-67-323. Qualifications of applicant for examination and licensure as professional engineer. (1) An applicant who meets any of the following sets of requirements must be admitted to the principles and practices of engineering examination: (a) a baccalaureate degree in engineering or engineering technology in a board-approved curriculum, passage of the fundamentals of engineering examination, certification as an engineer intern, a specific record of at least 4 years of progressive experience under the supervision of a licensed professional engineer, and references as required by the board; (b) a master's degree in engineering or engineering technology in a board-approved curriculum, passage of the fundamentals of engineering examination, certification as an engineer intern, a specific record of at least 4 years of progressive experience under the supervision of a licensed professional engineer, and references as required by the board; (c) a baccalaureate degree in an engineering, engineering technology, or other science curriculum, passage of the fundamentals of engineering examination, certification as an engineer intern, a specific record of at least 20 years of experience on engineering projects that indicate to the board that the applicant is competent to practice engineering, with at least 10 years of that experience under the supervision of a licensed professional engineer, and references as required by the board; (d) a doctoral degree in engineering from an institution with an engineering program approved by the board, passage of the fundamentals of engineering examination, certification as an engineer intern, a specific record of at least 2 years of progressive experience on engineering projects of a grade and character that indicate to the board that the applicant is competent to practice engineering, and references as required by the board; or (e) a doctoral degree in engineering from an institution with an engineering program approved by the board, a specific record of at least 4 years of progressive experience on engineering projects that indicate to the board that the applicant is competent to practice engineering, and references as required by the board. (2) Upon passage of the principles and practices of engineering examination, an applicant must be granted a license to practice engineering in this state.

Mont. Code Ann. § 37-67-324

37-67-324. Qualifications of applicant for certification as engineer intern. (1) An applicant who meets any of the following sets of requirements must be granted a certificate as an engineer intern: (a) a baccalaureate or master's degree in engineering or engineering technology in a curriculum approved by the board, passage of the fundamentals of engineering examination, and references as required by the board; or (b) a baccalaureate degree in a science curriculum other than a board-approved engineering or engineering technology curriculum, passage of the fundamentals of engineering examination, a specific record of at least 4 years of progressive experience under the supervision of a licensed professional engineer, and references as required by the board. An applicant approved for certification pursuant to this subsection is eligible for licensure as a professional engineer only under 37-67-323(1)(c). (2) Certification as an engineer intern does not authorize the holder to practice as a professional engineer.

Mont. Code Ann. § 37-67-327

37-67-327. Examinations -- fees -- third-party services. (1) Examinations will be at times and places established by the board or by a third-party examination services provider. The board recognizes the following examinations for licensure or certification: (a) the fundamentals of engineering examination; (b) the principles and practices of engineering examination; (c) the fundamentals of surveying examination; (d) the principles and practices of surveying examination; and (e) the Montana state-specific land surveyor examination. (2) The fees for examinations must be set by the board or by a third party contracted by the board to provide examination services. The board may charge a fee for reexamination, a rescheduling of an examination, or an additional examination not required for licensure or certification. (3) The board may use a third party to provide examination and grading services. (4) The board reserves the right to require applicants to meet all requirements for licensure or certification prior to being admitted to an exam but may waive this requirement as part of an agreement with a third-party examination services provider. (5) All examination fees are nonrefundable.

Mont. Code Ann. § 37-67-328

37-67-328. Certificate of authorization. (1) A business entity registered with the Montana secretary of state: (a) shall obtain a certificate of authorization from the board before engaging in the practice of professional engineering or professional land surveying; and (b) may engage in the practice of professional engineering or professional land surveying in this state if at least one employee of the business entity is licensed by the board and identified as being in responsible charge of professional engineering or professional land surveying work performed in this state. (2) A business entity with one or more branch offices or business locations in Montana shall apply for a certificate of authorization for the main office and list each branch office or business location and at least one employee of the business entity who is licensed by the board and identified as being in responsible charge of professional engineering or professional land surveying work performed in this state. (3) A sole proprietor who is not required to register with the Montana secretary of state is not required to apply for a certificate of authorization.

Mont. Code Ann. § 37-67-331

37-67-331. Revocation, suspension, restriction, or limitation of license -- grounds. The board may reprimand a licensee or revoke, suspend, or restrict or limit the license of a licensee found responsible for: (1) gross negligence, incompetency, or misconduct in the practice of professional engineering or professional land surveying; (2) a violation of rules for professional conduct for professional engineers and professional land surveyors adopted by the board; or (3) failing to comply with state laws and rules pertaining to the practice of professional engineering or professional land surveying.

Mont. Code Ann. § 37-68-304

37-68-304. Master electricians -- application -- qualifications -- contents of examination -- fees. (1) An applicant for a master electrician's license shall furnish written evidence of at least one of the following: (a) being a graduate electrical engineer of an accredited college or university and having a minimum of 2,000 hours of legally obtained practical electrical experience; or (b) having at least 8,000 hours of legally obtained journeyman level experience in planning, laying out, or supervising the installation and repair of wiring, apparatus, or equipment for electrical light, heat, and power. (2) An applicant for a license as a master electrician shall file an application on a form furnished by the department, submit appropriate fees, and satisfactorily pass an examination prescribed by the board. The board shall notify each applicant that the evidence submitted with the applicant's application is sufficient to qualify to take the examination or that the evidence is insufficient and is rejected. If the application is rejected, the board shall set forth the reasons in the notice to the applicant. (3) The examination must consist of at least 80 questions designed to fairly test the applicant's knowledge and the applicant's technical application skills in the following subjects: (a) the national electric code; and (b) board rules and applicable laws under Title 37. (4) The board shall determine by rule the fees to be charged an applicant for each examination or reexamination. The fees must be commensurate with costs.

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