News & Insights

CHANGES TO GEORGIA CODE § 43-15-23 STRENGTHENING ENGINEERING FIRM ACCOUNTABILITY

Georgia made some notable amendments to Georgia Code § 43-15-23 – which governs the licensure and certification of engineering firms – introducing several key changes that strengthened the regulatory framework for engineering firms in the state. Under the previous law, firms were required to obtain a certificate of authorization from the Georgia State Board of Professional Engineers and Land Surveyors, but there was less clear accountability within the firm’s leadership. The change indicates a broader legislative effort to ensure accountability and professionalism in engineering practices, particularly as the state continues to grow and modernize its infrastructure.

The amendment requires every engineering firm to designate a specific licensed Professional Engineer as having “responsible charge” of the engineering work of the firm. The engineer is legally accountable for ensuring all engineering projects comply with state laws, industry standards, and ethical guidelines. In the event of disciplinary action or allegations of negligence, the designated engineer becomes the point of contact for regulatory authorities, underscoring the importance of compliance and diligence in the practice of engineering.

Engineering firms must also report any changes to the designated responsible engineer within thirty (30) days. This reporting requirement ensures the Board knows who is responsible for overseeing engineering projects.

The 2023 amendment also clarified the criteria for firms seeking certificates of authorization. While the core principles of licensure remain the same, the changes emphasize that firms must ensure that all employees performing engineering work in the state are appropriately licensed in the State of Georgia. This amendment seeks to crack down on national or international engineering firms who may employ engineers from other states to work on a project.

Finally, the law imposes stricter penalties for firms that operate without proper certification or that fail to comply with the requirements of § 43-15-23. Firms that continue to practice without designating a responsible engineer or meeting reporting obligations could face fines, suspension, or revocation of their certificate of authorization.

The changes have a wide-ranging impact on engineering firms operating in Georgia. Most importantly, firms must be diligent in ensuring that a licensed engineer is designated as responsible for all engineering activities. This individual will bear the legal and professional burden of compliance, making the role one of considerable responsibility. Moreover, firms must now be proactive in reporting any changes to their leadership or engineering staff, as failing to do so can result in significant legal and financial consequences.