Arkansas Code Annotated

Ark. Code Ann. § 17-30-101 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter:

  1. “Consulting engineer” means a professional engineer whose principal occupation is the independent practice of engineering, whose livelihood is obtained by offering engineering services to the public, who serves clients as an independent fiduciary, who is devoid of public, commercial, and product affiliation that might tend to infer a conflict of interest, and who is aware of his or her public and legal responsibilities and is capable of discharging them;
  2. “Engineer-intern” means a person who under this chapter has:
    1. Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and
    2. Passed the examination;
    1. “Firm” means a form of business entity that offers professional engineering services of its licensed personnel to the public.
    2. “Firm” does not include an individual licensee operating under his or her name;
    1. “Practice of engineering” means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, processes, work systems, or projects including architectural work that is incidental to the practice of engineering.
    2. A person practices or offers to practice engineering, within the meaning of this chapter, who:
      1. Practices a branch of the profession of engineering;
      2. By verbal claim, sign advertisement, letterhead, card, or in any other way represents himself or herself to be an engineer;
      3. Through the use of some other title implies that he or she is an engineer or that he or she is licensed under this chapter; or
      4. Holds himself or herself out as able to perform or does perform an engineering service or work or any other service designated by the practitioner that is recognized as engineering.
    3. “Practice of engineering” does not include:
      1. Persons who operate or maintain machinery or equipment; or
      2. The act of measuring land, drawing plans, reading plans, or doing other work normally performed by a mechanic, technician, professional surveyor, or draftsman;
  3. “Professional engineer” means a person who has been licensed as a professional engineer by the State Board of Licensure for Professional Engineers and Professional Surveyors; and
  4. “Responsible charge” means direct control of, supervision of, and legal responsibility for all engineering work performed.

History. Acts 1953, No. 214, § 3; 1969, No. 196, § 1; A.S.A. 1947, § 71-1020; Acts 1993, No. 1041, § 1; 2009, No. 444, § 1; 2011, No. 897, § 1.

Amendments. The 2009 amendment deleted former (1) and inserted (3), and redesignated the remaining subdivisions accordingly; substituted “practices or offers” for “shall be construed to practice or offer” in the introductory language of (4)(B); substituted “licensed” for “registered” in (4)(B)(iii); substituted “that” for “which” in (4)(B)(iv); substituted “does” for “shall” in (4)(C) and (D); substituted “professional” for “land” in (4)(D); and, in (5), deleted “registered or” preceding “licensed” and substituted “State Board of Licensure for Professional Engineers and Professional Surveyors” for “board” in (5).

The 2011 amendment inserted “authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors” in present (2)(A); inserted present (4)(C)(ii); deleted former (4)(D) and made stylistic changes through the section.

Research References

U. Ark. Little Rock L.J.

Survey — Miscellaneous, 10 U. Ark. Little Rock L.J. 593.

Case Notes

Constitutionality.

Section 17-30-104, along with this section and § 17-15-102, are not void for vagueness as a person of ordinary intelligence could glean that architects plan and design buildings primarily intended for people to live and work in, and engineers plan and design buildings primarily intended for accommodation of equipment, vehicles, goods, and/or processes. Holloway v. Ark. State Bd. of Architects, 352 Ark. 427, 101 S.W.3d 805 (2003).

Cited: Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002).

Notes of Decisions
Cited in 4 cases, 2000–2011 · leading case: Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003).
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). · cites it 7× “” Holloway next refers to Ark. Code Ann. § 17-30-101 (4)(A) (Repl. 2001), which defines the practice of engineering as follows: [The] “[p]ractice of engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and…”
Arkansas State Bd. of Architects v. Hawkins, 12 S.W.3d 253 (Ark. Ct. App. 2000). · cites it 2× “Arkansas Code Annotated Section 17-30-101 (3)(A), which defines the practice of engineering, allows for the inclusion of such architectural work as is incidental to the practice of engineering.”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). · cites it 8× “§ 17-15-102 , contending that it is unconstitutionally vague because it conflicts with Ark. Code Ann. §§ 17-30-101 and 17-30-104, which exempt engineers practicing within the practice of engineering from the definition of the practice of architecture.”
In re Gilmore v. Arkansas Bd. of Reg., 381 S.W.3d 860 (Ark. Ct. App. 2011). · cites it 2× “In order to carry out this duty, the Board also must determine whether an engineer or land surveyor under its jurisdiction has violated the code section applicable to the Board or the Board’s rules.”
— Ark. Code Ann. § 17-30-101(4)(A) — 1 case
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). “” Holloway next refers to Ark. Code Ann. § 17-30-101 (4)(A) (Repl. 2001), which defines the practice of engineering as follows: [The] “[p]ractice of engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and…”
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