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SPONSOR: Rep. Gray & Sen. Hansen
Reps. Dukes, Romer, D. Short; Sen. Sokola
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 319
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE ASSOCIATION OF
PROFESSIONAL ENGINEERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 2803, Title 24 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 2803. Definitions.
4 The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them,
5 except where the context clearly indicates a different meaning;
6 (31) “Successor professional engineer” shall mean a “professional engineer,” as defined in this section, who
7 assumes “responsible charge,” as defined in this section, of a project or component of a project and uses or relies upon
8 the work, findings, or recommendations of the professional engineer who previously was in responsible charge and
9 sealed pertinent documents. The successor professional engineer may assume responsible charge of a project or
10 component of a project only when qualified to do so as detailed in § 2817 by education or experience in the areas of
11 professional engineering involved. A professional engineer who uses or relies upon work performed by another
12 qualified engineer, associate, consultant, or employee is not a successor professional engineer and may sign and seal
13 the documents for the total project. A professional engineer who uses or relies upon work such as, but not limited to,
14 geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed by others, in order to
15 assume responsible charge of a project, is not considered a successor engineer. The professional engineer shall not
16 affix their professional engineer’s seal to any document not prepared under their supervisory control and review.
17 Section 2. Amend § 2817, Title 24 of the Delaware Code by making deletions as shown by strike through and
18 insertions as shown by underline as follows:
19 § 2817. Requirements for licensure.
20 The following requirements for the 3 essential components of education, experience, and examination shall be
21 considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer:
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22 (7) Additional requirements. — a. Every applicant shall give not less than 5 references, people who state that
23 in their opinion and by their personal knowledge the applicant is qualified to practice as a professional engineer. At
24 least 3 such references shall be registered or licensed professional engineers in this or any other state or territory or
25 possession of the United States, the District of Columbia, other Council-approved foreign jurisdiction, or an IntPE
26 registrant under the IEA.
27 b. An applicant, otherwise qualified, shall not be required to be actively practicing the applicant’s
28 profession at the time of the applicant’s application.
29 c. Every applicant must demonstrate knowledge of the Delaware Professional Engineers Act and the code
30 of ethics to the satisfaction of the Council.
31 d. The required examination shall consist of a Fundamentals of Engineering examination and a Principles
32 and Practice of Engineering examination furnished by, and scored by, the National Council of Examiners for
33 Engineering and Surveying, or other nationally normed examinations which are approved by the Council.
34 e. The examination in the Fundamentals of Engineering shall be taken after graduation, except it may be
35 taken by a college or university senior in good academic standing in an educational program leading to a
36 baccalaureate degree in engineering, related science or engineering technology. The Council may permit other
37 students in such programs to take the Fundamentals of Engineering examination prior to graduation. There is no
38 requirement as to when the examination in the Fundamentals of Engineering is taken, other than it is required to be
39 successfully passed before licensure, except for applicants exempt under § 2817(a)(8); or as specified under
40 § 2817(a)(7)f.
41 f. The examination in Principles and Practice of Engineering shall not be taken until after the satisfactory
42 completion of the educational requirements as outlined in paragraphs (1)-(4) of this section or the experience
43 requirements of paragraph (5) of this section. The order in which examinations are taken relative to when an
44 applicant’s professional experience under paragraphs (1)-(4) of this section is acquired shall not be considered.
45 Applicants that are using the engineering experience and examination pathway (licensure without degree) under
46 paragraph (5) of this section must pass the Fundamentals of Engineering examination prior to taking the Principles
47 and Practice of Engineering examination.
SYNOPSIS
This Act amends Chapter 28 of Title 24 of the Delaware Code to make corrections to definition of Successor
Engineer (§2803); Allow candidates intending to apply using experience track (§2817(5)) to take the Fundamentals of
Engineering (FE) and Principles and Practice of Engineering (P&PE) exams prior to obtaining 15 years of verified and
approved experience. Remove restrictions on candidates taking the FE exam. According to NCEES, 75% of member boards
do not have any restrictions on the FE exam. Candidates that do not meet our current requirements for FE exam approval
can take the exam in another jurisdiction, then apply to Delaware when they have met all other requirements (§2817).
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