Terms defined in Title 12, Article 120, Colorado Revised
Statutes, and used in these Rules shall have the same meaning as set forth in
the statutes.
B.
Definitions in Alphabetical Order
1.
Advertisement. The attempt by
publication, dissemination, solicitation, or circulation, whether by visual,
oral, electronic, or written means to induce, directly or indirectly, any
person to enter into an agreement for professional services with an Architect,
a Professional Engineer, and/or a Professional Land Surveyor.
2.
Architectural Intern. An
individual working under the supervision of an Architect, who is in the process
of completing required practice hours in preparation for the A.R.E.
3.
Educational Coursework Definitions
Architecture Education Year.
a.
Academic Year = 32 semester hours or 48 quarter hours
b.
Repealed.
4.
Basic Sciences. Basic
sciences are considered to include not only physics and chemistry, but also
selected subjects from the areas of life sciences and the earth sciences. In a
study of basic sciences, the objective is to acquire fundamental knowledge
about nature and its phenomena, preferably including quantitative
expression.
5.
Engineering
Sciences. Engineering sciences have their roots in mathematics and the
basic sciences, but carry knowledge further toward creative application. When a
field of mathematics or basic science proves pertinent to an engineering
application, corresponding courses in engineering science are developed to
afford a bridge between the basic science and engineering practice. The
engineering sciences studied by the applicant are not limited to those having
direct relevance to his or her major field.
6.
Engineering Design. The
requirements of coursework in engineering design have been established in
recognition of the need to orient the applicant toward the solution of
important technological problems of society. In this context, engineering
design is the process of devising a system, component or process, in which the
basic sciences, mathematics and engineering sciences are applied to convert
resources to meet a stated objective. Among the fundamental elements of the
design process are the establishment of objectives and criteria, synthesis,
analysis, construction, testing, and evaluation. The major portion of the
design requirement is to be satisfied by courses that depend upon mathematics,
basic sciences, and engineering sciences.
7.
Surveying and Mapping
Science. This coursework shall expand topics of basic science toward
application in professional practice. A topic shall be identified as a
surveying and mapping science course if it amplifies basic science or
mathematics, is taught by surveying and mapping faculty, and contains
quantitative expression. A surveying and mapping science course must include
one or more of the following topics: field surveying instruments and methods;
photogrammetric mapping and image interpretation and remote sensing; surveying
calculation and data adjustments; geodetic coordinates and astronomy;
cartographic representation, projections, and map production; and/or
computer-based multi-purpose cadastre, geographic information
systems.
8.
Exemptions
For Themselves. The Board interprets the
language of sections
12-120-203(1)(b) and
(c), C.R.S., as follows.
a. Individuals and organizations do not
qualify for exemption under sections
12-120-203(1)(b) or
(c), C.R.S., if they are offering or
providing engineering services to others.
b. Individuals and organizations offering or
providing products and/or services to others that are not engineering services
qualify for an exemption under sections
12-120-203(1)(b) or
(c), C.R.S. In these instances, engineering
may be vital in developing an individual's or organization's product or
service, but that practice of engineering is specifically exempted from
licensure under sections
12-120-203(1)(b) and
(c), C.R.S.
c. In the case of an individual, "others"
includes any person but the person offering or providing engineering services.
In the case of an organization, "others" includes any person, or entity, other
than the organization or its affiliates. Engineering services that are not
limited to the internal use of the organization or its affiliates are not
exempt. Engineering consulting services are specifically not exempted from
licensure under sections
12-120-203(1)(b) or
(c), C.R.S.
9.
Practice of Engineering. The
Board interprets the language of section
12-120-202(6),
C.R.S., the "practice of engineering" to include, or exclude, but not be
limited to the following:
a.
Exclusions. The Board interprets the language of section
12-120-202(6),
C.R.S., the "practice of engineering" to exclude those individuals or entities
performing activities exempted from licensure by section
12-120-203(1),
C.R.S. Any individual or entity exempted from licensure pursuant to section
12-120-203(1),
C.R.S., does not practice engineering as defined by section
12-120-202(6),
C.R.S., for the purpose of licensure so long as his/her practice is limited to
the activity intended by a specific exemption within section
12-120-203(1),
C.R.S.
b.
Inspections.
Inspection and examination of single or multiple family residential,
commercial, industrial or institutional structures, regarding their structural,
electrical, mechanical, thermal, insulation and roofing/waterproofing
subsystems for proper integrity or capacity, constitutes the practice of
engineering as defined in Part 1 of Title 12, Article 120, C.R.S. This would
include the diagnosis and analysis of problems with structures and/or the
design of remedial actions. Therefore, an individual who advertises or
practices in this area shall be licensed as a professional engineer in the
State of Colorado.
c.
Design
of Fire Protection Systems. The design of fire protection systems
constitutes the practice of engineering as defined by section
12-120-202(6),
C.R.S. Fire protection systems are interpreted by the Board to include, but not
be limited to, fire detection systems, fire alarm systems, and fire suppression
systems. The Board acknowledges the provisions of section
24-33.5-1206.2, C.R.S.,
administered by the Department of Public Safety, Division of Fire
Safety.
10.
License. A Colorado license to practice architecture, engineering,
and/or land surveying issued by the Board to a person who has satisfied the
appropriate requirements of Title 12, Article 120, Colorado Revised Statutes
and these Rules.
11.
Principal. A licensee who is a sole proprietor, or a partner in a
partnership, or an officer or director of a corporation, or a member of a
limited liability company, any of which is engaged in the practice of
architecture, engineering, and/or land surveying.
12.
Record Set. A record set is
a set of contract documents that is identified by the licensee's and
consultant's original seal, signatures and dates.
13.
Reproduction Drawing. Any
copy of an original document.
14.
Responsible Charge of Engineering. The Board shall interpret
"responsible charge" of engineering, as defined in section
12-120-202(8),
C.R.S., as follows.
"Responsible charge" of engineering shall mean that degree of
control an engineer is required to maintain over engineering decisions made
personally or by others over which the engineer exercises supervisory direction
and control authority.
a. The degree
of control necessary for an engineer to be in responsible charge shall be such
that the engineer:
(1) Personally makes
engineering decisions, or personally reviews and approves proposed decisions
prior to their implementation, including consideration of alternatives whenever
engineering decisions that could affect the life, health, property, and welfare
of the public are made. In making said engineering decisions, the engineer
shall be physically present or, through the use of communication devices, be
available in a reasonable period of time as appropriate.
(2) Judges the validity and applicability of
recommendations prior to their incorporation into the work, including the
qualifications of those making the recommendations.
b. Engineering decisions that are made by,
and are the responsibility of, the professional engineer in responsible charge
are those decisions concerning permanent or temporary work that could create a
danger to the life, health, property, and welfare of the public, such as, but
not limited to, the following:
(1) The
selection of engineering alternatives to be investigated and comparison of
alternatives for engineering works.
(2) The selection or development of design
standards or methods, and materials to be used.
(3) The selection or development of
techniques or methods of testing to be used in evaluating materials or
completed works, either new or existing.
c. As a test to evaluate whether an engineer
is in responsible charge the following must be considered: An engineer who
signs and seals engineering documents in responsible charge must be capable of
answering questions as to the engineering decisions made during the engineer's
work on the project in sufficient detail as to leave little doubt as to the
engineer's proficiency for the work performed. It is not necessary to defend
decisions as in an adversarial situation, but only to demonstrate that the
engineer in responsible charge made them and possessed sufficient knowledge of
the project to make them. Examples of questions to be answered by the engineer
could relate to criteria for design, methods of analysis, selection of
materials and systems, economics of alternate solutions, and environmental
considerations. The individual should be able to clearly define the degree of
control and how it was exercised and be able to demonstrate that the engineer
was answerable within said degree of control necessary for the engineering work
done.
d. The term "responsible
charge" does not refer to financial liability.
e. A professional engineer who adopts, signs,
and seals work previously engineered shall perform sufficient review and
calculation to ensure that all standards of practice required of licensees are
met, including satisfying the relevant criteria stated in paragraphs (b) and
(c) above, and shall take professional and legal responsibility for documents
signed and sealed under his/her responsible charge.
15.
Responsible Charge of Land
Surveying. The Board shall interpret "responsible charge" of land
surveying, as defined in section
12-120-302(7),
C.R.S., as follows.
"Responsible charge" of land surveying shall mean that degree
of control a professional land surveyor is required to maintain over land
surveying decisions made personally or by others over which the land surveyor
exercises supervisory direction and control authority.
a. The degree of control necessary for a land
surveyor to be in responsible charge shall be such that the land surveyor:
(1) Personally makes surveying decisions, or
personally reviews and approves proposed decisions including consideration of
field observation, physical evidence, and recorded data whenever surveying
decisions that could affect the life, health, property, and welfare of the
public are made. In making said surveying decisions, the land surveyor shall be
physically present or, through the use of communication devices, be available
in a reasonable period of time as appropriate.
(2) Judges the validity and applicability of
recommendations prior to their incorporation into the work, including the
qualifications of those making the recommendations.
b. Land surveying decisions that are made by,
and are the responsibility of, the professional land surveyor in responsible
charge are those decisions concerning work that could create a danger to the
life, health, property, and welfare of the public, such as, but not limited to,
the following:
(1) The selection of field
observations, physical evidence, and recorded data to be investigated,
compared, and analyzed.
(2) The
selection of methods or procedures to be used to accomplish the work.
(3) Work products that comply with all
relevant surveying statutes.
c. As a test to evaluate whether a land
surveyor is in responsible charge the following must be considered: A land
surveyor who signs and seals documents in responsible charge must be capable of
answering questions as to the surveying decisions made during the land
surveyor's work on the project in sufficient detail as to leave little doubt as
to the land surveyor's proficiency for the work performed. It is not necessary
to defend decisions as in an adversarial situation, but only to demonstrate
that the land surveyor in responsible charge made them and possessed sufficient
knowledge of the survey project to make them. Examples of questions to be
answered by the land surveyor could relate to criteria for the procedures of
data collection, analysis of field data, recorded data and final
determinations. The individual should be able to clearly define the degree of
control and how it was exercised and be able to demonstrate that the land
surveyor was answerable within said degree of control necessary for the
surveying work done.
d. The term
"responsible charge" does not refer to financial liability.
e. A professional land surveyor who adopts,
signs, and seals work previously surveyed shall perform sufficient review and
calculation to ensure that all standards of practice required of licensees are
met, including satisfying the relevant criteria stated in paragraphs (b) and
(c) above, and shall take professional and legal responsibility for documents
signed and sealed under his/her responsible charge.
16.
Responsible Control of
Architecture. The Board shall interpret "responsible control" of
architecture, as defined in section
12-120-402(6),
C.R.S., as follows.
"Responsible control" of architecture shall mean that degree
of control an architect is required to maintain over architectural decisions
made personally or by others over whom the architect exercises supervisory
direction and authority.
a. The degree
of control necessary for an architect to be in "responsible control" shall be
such that the architect:
(1) Personally makes
architectural decisions, or personally reviews and approves proposed decisions
prior to their implementation, including consideration of alternatives whenever
architectural decisions that could affect the life, health, property, and
welfare of the public are made. In making said architectural decisions, the
architect shall be physically present or, through the use of communication
devices, be available as reasonably appropriate.
(2) Judges the validity and applicability of
recommendations prior to their incorporation into the work, including the
qualifications of those making the recommendations.
b. Architectural decisions that are made by,
and are the responsibility of, the architect in "responsible control" are those
decisions concerning permanent or temporary work that could create a danger to
the life, health, property, and welfare of the public, such as, but not limited
to, the following:
(1) The selection of
architectural alternatives to be investigated and comparison of alternatives
for architectural works.
(2) The
selection or development of design standards or methods, and materials to be
used.
(3) The selection or
development of techniques or methods of testing to be used in evaluating
materials or completed works, either new or existing.
c. As a test to evaluate whether an architect
is in "responsible control" the following must be considered: An architect who
signs and seals architectural documents in "responsible control" must be
capable of answering questions as to the architectural decisions made during
the architect's work on the project in sufficient detail as to leave little
doubt as to the architect's proficiency for the work performed. It is not
necessary to defend decisions as in an adversarial situation, but only to
demonstrate that the architect in "responsible control" made them and/or
possessed sufficient knowledge of the project to make them. Examples of
questions to be answered by the architect could relate to criteria for design,
methods of analysis, selection of materials and systems, economics of alternate
solutions, and environmental considerations. The individual should be able to
clearly define the degree of control and how it was exercised and be able to
demonstrate that the architect was answerable within said degree of control
necessary for the architectural work done.
d. An architect who adopts, signs, and seals
work performed by others shall perform sufficient review and calculation to
ensure that all standards of practice required of licensees are met, including
satisfying the relevant criteria stated in paragraphs (b) and (c) above, and
shall take professional responsibility for documents signed and sealed under
his/her responsible charge.
17. Signature. The term signature shall
include the terms "manual signature" and "electronic signature" and shall be
defined as follows.
a. Manual Signature. A
manual signature is the handwritten name of a person applied to a document that
identifies the person, serves as a means of authentication of the contents of
the document, provides responsibility for the creation of the document and
provides for accountability for the contents of the document.
b. Electronic Signature. An electronic
signature is a digital authentication process attached to or logically
associated with an electronic document and shall carry the same weight,
authority, and effects as a manual signature. The electronic signature, which
can be generated by using either public key infrastructure or signature
dynamics technology, must be as follows.
(1)
Unique to the person using it.
(2)
Capable of verification.
(3) Under
the sole control of the person using it.
(4) Linked to a document in such a manner
that the electronic signature is invalidated if any data in the document are
changed.
Public Key Infrastructure (PKI) is a technology for
authenticating users and devices in the digital world where one or more trusted
parties digitally sign documents certifying that a particular cryptographic key
belongs to a particular user or device. The key can then be used as an identity
for the user in digital networks.
Signature Dynamics Technology is a commercial eSignature
software application solely dedicated to the secure routing, authentication and
verification of electronic signatures including an audit trail, which functions
to dynamically capture all signature events throughout the eSignature
process.