State-by-State Licensing Matrix[1]

 

Alabama

 

 

Helpful Resources:

§    Ala. Code § 34 et. seq.

§    www.boa.alabama.gov

§    www.bels.state.al.us

§    www.abela.state.al.us

§    www.genconbd.state.al.us

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Construction superintendents

§    Farm buildings

§    Public utilities

§    Residences

§    Buildings less than 2500ft2

All the officers and voting shareholders must be architects properly registered in AL. For a partnership, at least one partner must be an architect.

Class A misdemeanor punishable by a fine not less than $100.00 nor more than $5,000.00”

Engineers and Land Surveyors

§    The practice of any other legally recognized profession or trade

§    Employees of US gov’t

§    Individuals under the supervision of a licensee

§    Work on transportation or utility facilities which is subject to regulation

§    Execution of work designed by a professional

§    Engineering services incidental to the practice of geology

§    A person employed by the AL Department of Transportation prior to Jan. 1, 1997

One or more of the principal officers and all personnel acting as professional engineers or land surveyors must be registered

Class A misdemeanor punishable by a fine of not less than $500.00, nor more than $1,000.00

Landscape Architecture

None listed

Business entities may not be licensed, but individuals may practice through a corporation under certain conditions

Class A misdemeanor punishable by a fine between $50-$500 and/or imprisonment up to 6 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

General Contractors and Subcontractors

 

 

 

§    Government employees

§    Construction of a residence, or work done to personal property

§    Work related to electric power, natural gas, or telecommunications by a utility that is regulated, provided the work is done under the supervision of a licensed architect or engineer

§    Routine or regular repair

§    A subcontractor is subject to all the provisions for general contractors, given some exceptions. See §34-8-7

The licensing process applies to business entities, and the examination may be taken by one or more of the responsible managing officers or members of the executive staff of the applicant's firm according to its own designation.

Misdemeanor punishable by fine and or imprisonment. Further, contracts are null and void as a violation of public policy and unenforceable by an unlicensed contractor

Alaska

 

 

Helpful Resources:

§    AS 08.48. et. seq.

§    AS 08.18 et. seq.

§    2 AAC 12.010 – 12.990

§    http://www.commerce.state.ak.us/occ/pael.cfm

§    http://www.commerce.state.ak.us/occ/pcon.htm

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, engineers, land surveyors, and landscape architecture

§    Workers in building trades,

§    Employees under supervision of a licensee

§    US government employees

§    Work on residence or farms or noncommercial buildings under 2,000 ft2,

§    Licensed specialty contractors,

§    Alterations that do not change the structural system, and

§    Teachers in post-secondary education

A corporation must make certain business filings with AELS. Partnerships may practice if all the members of the partnership are legally registered

Misdemeanor punishable by fine not to exceed $1,000 and/or imprisonment for not more than a year

Civil penalties may not exceed $5,000 for each offense

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction contractors

§    A representative of the US gov., State of Alaska, or an officer of the court;

§    Work for a public utility;

§    Work with petroleum or gas;

§    Sale or installation of finished products that are not permanent; personal property;

§    Work that is less than $10,000 and is considered casual or minor;

§    Work done by employees on commercial property;

§    Farm work

A partnership or joint venture shall be considered registered if one of the general partners whose name appears under which they do business is registered

Class B misdemeanor

and civil penalties not to exceed $1,000

Arizona

 

 

Helpful Resources

§    A.R.S. §32-101 et. seq.

§    AAC R4-30-201 et. seq.

§    www.btr.state.az.us

§    www.azroc.gov

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Assayers, Certified remediation specialists, drug laboratory site remediation firms, engineers, geologists, home inspectors, landscape architects, and surveyors

 

 

§    An architect, geologist, engineer or landscape architect registered under this chapter may engage in practice in another category regulated pursuant to this chapter [A.R.S § 32-143] only to the extent that the person is qualified and to the extent that the work may be necessary and incidental to the work of the registrant's profession on a specific project. This exception does not apply to public works projects. See also §32-144

No firm or corporation may engage in any such profession unless the work is under the responsible charge of a party who is registered with the Board and who is a principal of the firm or an officer of the corporation.

Class 2 misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractor

 

 

§    Government employees

§    Trustees of an express trust that is not formed for the purpose of conducting business as a contractor or officers of a court, if they are acting within the terms of their trust or office.

§    Public utilities operating under regulation of the corporation commission, if the work is performed by an owner or lessee.

§    Any materialman, manufacturer or retailer who furnishes finished products, materials or articles of merchandise under certain conditions

§    Certain work done by property owners

§    Architects or engineers who are engaging in their professional practice who hire or offer to hire the services of a contractor for certain preconstruction activities

§    A person licensed by statute

§    The sale or installation of finished products, materials or articles of merchandise which are not fabricated into and do not become a permanent fixed part of the structure.

§    Employees of the owners of condominiums, townhouses, cooperative units or apartment complexes of four units or less or the owners' management agent or employees of the management agent repairing or maintaining structures owned by them.

§    Insurance companies and surety companies which are authorized to transact business in this state

§    A person who functions as a gardener by performing lawn, garden, shrub and tree maintenance.

A business entity must follow the licensing requirements of A.R.S. §32-1122

Class 1 misdemeanor

 

A contract entered into by an unlicensed contractor is void ab initio and no contractor may sue in any AZ court to collect compensation

Arkansas

 

 

Helpful Resources:

§    A.C.A. Title 17, Chapters 15, 25, 28, 30, 33, 35, 36, 48, and 50

§    http://www.arkansas.gov/pels/

§    http://www.arkansas.gov/asbla/

§    http://www.arkansas.gov/arch/

§    http://www.arkansas.gov/clb/

§    http://www.arkansas.gov/labor/divisions/electricalexam_p1.html

 

Design Professionals Covered

Exemptions

Treatment of Business

Entities

Effect of Violation

Architect

§    Professional engineers not using the designation of ‘architect’

§    Employees of those licensed

§    Government employees

§    Personal use

§    Millworkers, woodworkers, and sash & door manufacturers

2/3 of partners or directors must be registered under the law of any state to practice architecture or engineering & they must manage the practice

Misdemeanor, punishable by a fine $50 - $500; or imprisonment > 3 months

 

It is unlawful for an unregistered person to collect a fee for architectural services

Engineers

§    Non-resident engineers qualified to do business in another state and obtains a temporary permit

§    Interns and employees of those lawfully practicing

Entity may only engage in engineering through its agents or employees and only if one of the owners is a professional engineer and the work is done under their supervision and direction

Misdemeanor, punishable by a fine $100 - $1,000; or imprisonment > 3 months

Interior Design

§    Interior ‘decorators’

§    Architects and others who render such services, but do not use the title of “registered interior designer”

For a business entity to claim such services, the persons providing the services of interior design must be in the responsible charge of a registered interior designer.

Class A misdemeanor

Landscape Architecture

§    Persons action under supervision of someone licensed

§    Government employees working on a government project

§    Regional and urban planners

§    Architects and engineers

§    Other miscellaneous persons whose work involves plants and irrigation

Not expressly provided

Misdemeanor punishable by a fine of not less than one $100 and not more than $500 and/or imprisonment for not more than 1 year

Surveyor

Examination may be waived for applicants registered in a state with qualifications not less than those required by Arkansas

All surveys must be signed and stamped with the signature and seal of a registered land surveyor who will be held responsible

Misdemeanor, punishable by a fine $50 - $100; and/or imprisonment > 3 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Authorized representatives of governmental entities

§    Architects and engineers – in certain situations

Business entities must be licensed, but any other information was not expressly provided

Misdemeanor, punishable by a fine $100 - $200 per offense (each day = 1 offense)

Electricians

§    Work done by a public utility, rural electrical association or cooperative, any municipally owned utility, transmission or distribution lines or facilities

§    Work on telephone equipment, computer systems, or satellite systems under certain conditions

§    Work on nonresidential farm structures

§    Construction of manufactured homes

§    Individuals working on their primary residence, with some exceptions

§    HVAC or water well construction licensees 

§    Minor work by a hospital employee

§    The state license is optional and entitles and electrical contractor to practice his profession throughout AR without first complying with the licensing requirement of any municipality

Any person, member, or employee of a firm, partnership, or corporation desiring to engage in the business of electrical contractor may apply for and be issued a license

Civil penalties of $250 for a first offense; $750 for a second offense; or $1000 for a third offense.

 

Heating, Ventilation, Air Conditioning, Refrigeration Workers

§    Persons licensed by the Liquefied Petroleum Gas Board

§    A variety of appliances and other products and service under A.C.A. §17-33-102

Business entities are licensed according to similar standards as individuals

Fine, not to exceed $250 per violation

 

Not entitled to a lien for work done in violation of licensure

Homebuilders

§    When constructions personal residence, unless building more than one during any year

Not expressly provided

A hearing shall be conducted by the Residential Building Contractors Committee

Plumbers

§    Work done by property owner, unless required by local ordinance

§    Work done on buildings primarily used for agriculture, unless connected to public water system

§    Minor repairs

§    A certified individual certifying or repairing backflow devices

§    Work on storm sewer systems not connected to a sanitary sewer

Not expressly provided

Fine not to exceed $500 per violation and/or imprisonment for < 30 days

Water Well Constructors

None – you must be licensed or work under supervision of one licensed

Not expressly provided

Class A or B Misdemeanor, punishably by a fine < $2,500 per offense

California

 

 

Helpful Resources:

§    California Business and Professions Code, Division 3, Chapters: 3, 7, 9,

§    CA Bus. & Prof. Code § 7000, et. seq.

§    http://www.cab.ca.gov/

§    http://www.dca.ca.gov/pels

§    http://www.cslb.ca.gov/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Engineers

§    Electrical

§    Civil

§    Professional

§    Mechanical

§    Employees in the communication industry, or work on communication equipment

§    Licensed architect

§    Supervised by someone licensed

§    Family dwellings, wood frame garages or agricultural buildings

§    Contractors performing electrical or mechanical work under supervision

§    Non-resident qualified in another state

§    Personal property work

§    Work on storefronts, interior alteration or additions, etc.

§    Landscape contractor

Not expressly provided

Misdemeanor, punishable by a fine up to $1,000, and/or up to 3 months in jail

Architects

§    Structural, professional, and civil  engineers

§    Landscape architects

§    Land surveyors

§    Certain contractors

§    Certain single family dwellings

§    When preparing storefronts

 

Each director, shareholder, and officer of a professional architectural corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act.

§    Suspension

§    Imposition of conditions to obtain a license

§    Fine up to $5,000

Landscape Architects

 

 

 

§    Licensed architect, professional engineer, land surveyor, landscape contractor, geologist or geophysicist

§    Golf course architects

§    Irrigation consultant

§    Professional services rendered when the client does not pay compensation

§    A manufacturing, mining, public utility, research and development, or other industrial corporation which is incidental to their work

§    Public agency

No partnership, firm, or corporation shall engage in the practice of landscape architecture unless the work is under the immediate and responsible direction of a licensee of the board.

Misdemeanor, punishable by a fine of $100 - $5,000, and/or imprisonment in the country jail no exceeding 6 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

 

 

 

§    Authorized repair of Gov’t property

§    Officer’s of the court within the scope of their employment

§    Public utilities under regulation of state RR commission

§    Public utilities for certain work relating to gas, heat, and electricity

§    Oil and gas exploration

§    Owner working on personal property

§    Work for less than $500

§    Work on irrigation/drainage ditches

§    Registered civil or professional engineers or licensed architects

§    Supplies of materials

§    Alarm company operators

§    Satellite antenna system installation

Business entities are treated as persons under Bus. & Prof. Code §7025

Without License

§    Misdemeanor: Fine 20% of the price of the work, or $4,500, whichever is greater, or imprisonment for no less than 90 days

 

Use of another’s license

§    Fraud: Fine of up to $10,000 or imprisonment

Colorado

 

 

Helpful Resources:

§    C.R.S. §12-25-101 et. seq.

§    http://www.dora.state.co.us/aes/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effects of Violation

Architects

§    1-4 family residential dwellings

§    Garages, industrial buildings, small offices, marketing storage, and farm buildings under certain conditions

§    Additions, alterations or repairs to the foregoing buildings that are non-structural

A majority of the individual officers and directors or members or partners are either licensed architects under this part 3 or persons who qualify for a license by endorsement under section 12-25-314(3)

First offense: class 2 misdemeanor

Second offense: class 6 felony

Engineers

§    Personal work performed

§    Work of agricultural nature

§    Professional land surveying

§    Employees of city, county, municipality, or municipality

§    Architects

§    Utilities

Professional engineers may practice as individuals or partners or through joint stock associations, registered limited liability partnerships, limited liability companies, or corporations.  In the case of practice through a partnership, at least one of the partners shall be a professional engineer licensed under this part 1, and all work shall bear the seal of said professional engineer partner or a professional engineer in responsible charge of, and directly responsible for, such engineering work when issued.  In the case of the practice of engineering through a joint stock association, limited liability company, or corporation, engineering services or work involving the practice of engineering may be offered through such if the person in responsible charge of the engineering activities is a professional engineer licensed pursuant to this part 1. All work shall bear the seal and signature of a professional engineer in responsible charge of, and directly responsible for, such engineering work when issued.

 

First offense: class 2 misdemeanor

Second offense: class 6 felony

Land Surveyors

§    The work of an employee or subordinate of a professional land surveyor

§    The practice of employees of the federal government

§    The rights of any other legally recognized profession.

Business entities are not licensed. In order to practice land surveying in this state the individual in responsible charge of the land surveying activities of the organization must be a professional land surveyor, and is responsible for the work

 

First offense: class 2 misdemeanor

Second offense: class 6 felony

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effects of Violation

Colorado does not require the licensure of contractors at the state level

Connecticut

 

 

Helpful Resources:

§    Conn. Gen. Stat. Ann. Titles 20 and 29

§    http://www.ct.gov/dcp/cwp/view.asp?a=1624&q=273664

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effects of Violation

Architects

 

 

§    The practice of engineering by a licensed professional engineer incidental to his work.

§    The construction or alteration of a 1-2 family residential dwellings, or other accessory building intended for use with such residential building, or of any farm building or structure for agricultural use;

§    The preparation of details and shop drawings by persons other than architects, for use in execution of the work of such persons, when buildings are designed in accordance with the requirements of this chapter;

§    The superintendence by builders, or properly qualified superintendents employed by such builders, of the construction or structural alteration of buildings or structures;

§    The activities of officers and employees of any public utility corporation whose operations are under the jurisdiction of the Department of Public Utility Control;

§    Employees of the US government, or a licensed architect

§    Work on a building that contains less than 5,000 ft2 total area, provided certain conditions

The practice of architecture or the offer to practice architecture in this state by individual licensed architects under the corporate form or by a corporation, a material part of the business of which includes architecture, is permitted, provided (1) such personnel of such corporation as act in its behalf as architects, its chief executive officer and the holder or holders of not less than two-thirds of the voting stock thereof are licensed under the provisions of this chapter, and (2) such corporation has been issued a certificate of authorization by the board. No such corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of his employment or relationship with such corporation.

Fine of not more than $500, and/or imprisonment for not more than one year

Engineers and Surveyors

§    An employee supervised by someone licensed

§    Any corporation whose operations are under the jurisdiction of the Department of Public Utility Control

§    Any manufacturing or scientific research and development corporation which performs engineering incidental to their work

§    Federal employees; and

§    Licensed architects in the performance of work incidental to their profession.

The personnel which acts on behalf of the entity  as engineers or land surveyors must be licensed or exempt, the entity must be issued a certificate of registration by the board as provided in this section.

Fine of not more than $500 and/or imprisonment of not more than three months

Landscape Architects

 

§    Licensed registered architects and any professional registered engineer

§    Nurserymen, landscape nurserymen, gardeners, landscape gardeners, and general or landscape contractors

§    Work on personal property

Not expressly provided

Fine of not more than $250, and/or imprisoned for not more than 3 months

Interior Design

 

 

§    Reciprocity may be available for those from states with requirements equal to those of the National Council for Interior Design Qualifications

Not expressly provided

Fine of not more than $500 and/or imprisoned for not more than one year

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effects of Violation

Home Improvement Contractor

§    Government employees: state and federal

§    Any school, public or private, offering as part of a vocational education program courses and training in any aspect of home improvements; and

§    Any person holding a current professional or occupational license issued pursuant to the general statutes

A corporation must obtain a certificate of registration by the commissioner. They shall not be relieved of responsibility for the conduct and acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual contractor be relieved of responsibility for home improvements performed by reason of his employment or relationship with such corporation.

Class B misdemeanor

Major Contractors, Major Mechanical

Contractor, Electrical, Mechanical, and Elevator Contractors, Subsurface Sewage Disposal System Installers, Environmental Professionals, Asbestos Abatement Contractors, Lead Abatement Contractors, Crane Operators, Well Drilling Contractors, Demolition Contractors

See ABA Guide pgs. 150 – 152 for relevant statutory references

See ABA Guide pgs. 150 – 152 for relevant statutory references

See ABA Guide pgs. 150 – 152 for relevant statutory references

Delaware

 

 

Helpful Resources:

§    24 Del. C. §301 et. seq.

§    30 Del. C. §2501, et. seq.

§    http://dpr.delaware.gov/boards/architects/index.shtml

§    https://www.dape.org/index.asp?

§    http://revenue.delaware.gov/services/Business_Tax/Cont_New.shtml

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architecture

Reciprocity may be available

§    1-2 family dwellings, and any incidental buildings

§    Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock; or

§    Any work that does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes

§    work done under the direct responsibility and supervision of such person or organization lawfully practicing architecture

§    Licensed professional engineer, when such practice is incidental to what may be properly considered an engineering project;

§    The practice of landscape architecture

§    A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, provided certain conditions

The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable.

Civil penalty of not more than $2,500 for the first offense; and not more than $5,000 for the second and each subsequent offense

Engineers

§    An employee or a subordinate of a licensee who is under supervision

§    Licensed architects whose work is incidental to their practice

 

An engineering corporation or partnership must have a certificate of authorization in order to practice. Someone must be licensed and appointed as being in responsible charge of all activities and decisions

Fine up to $5,000

Land Surveyors

§    Licensed engineer or architect

§    Any person teaching land surveying

§    US government employees

§    Individuals practicing under supervision of a licensed land surveyor

A professional land surveying corporation or partnership must have a certificate of authorization in order to practice. Someone must be licensed and appointed as being in responsible charge of all activities and decisions

Misdemeanor, punishable by a fine between $500 - $1,000 for a first offense, and between $1,000 - $2,000 for a subsequent offense

Landscape Architects

Reciprocity may be available

One or more of the principals is designated as being responsible for any services in the practice of landscape architecture on behalf of their business entity and is a licensed landscape architect under this chapter; all personnel who act in its behalf are licensed under this chapter; and the entity has been issued a certificate of authorization by the Board as herein provided.

Initial fine of $50, which increases by $250 for each subsequent offense

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    General

§    Subcontractors

None listed

Business entities must comply with the same licensing requirements of individuals

Civil penalty of not more than $10,000 for each occurrence.

Misdemeanor punishable by a fine not more than $3,000, and/or imprisoned not more than 6 months

District of Columbia

 

 

Helpful Resources:

§    D.C. Code Ann. §47-2853.01 et. seq., § 47-2886.01 et. seq., §47-2851.01 et. seq.

§    D.C. Code Ann. § 17-3400 et. seq., § 17-1500 et. seq., § 16-800 et. seq.

§    http://dcra.dc.gov/dcra/cwp/view,a,1342,q,600813,dcraNav_GID,1691,dcraNav,|33408|.asp

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Federal government employees

§    Any person who has a license or certificate issued by the federal government permitting that person to provide particular occupational or professional services provided it is within the scope of their license

Not expressly provided

First offense: imprisonment not to exceed one year, and/or a fine not to exceed $10,000

Second offense: imprisonment not to exceed one year, and/or a fine not to exceed $25,000

Engineers

§    Licensed non-resident practicing for less than 30 days per calendar year

§    Recent resident who has submitted an application for registration

§    Employees of the government

§    Work incidental to another licensed profession

§    Buildings that do not cover over 1,000 ft2 of ground area and does not have a height of over 20 feet to the uppermost ceiling, or 2 habitable floors above a basement

Not expressly provided

Misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than 1 year, or both. Civil fines, penalties, and fees may also be imposed as alternative sanctions for any infraction

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Asbestos workers, Electricians, Land Surveyors, Operating Engineers, Plumber/gas fitters, Refrigeration and air condition mechanics, and steam engineers

Same as for architects

Not expressly provided

Same as for architects

Florida

 

 

Helpful Resources:

§    FL Statutes § 481.201 et. seq., § 471.001 et. seq., § 472.001 et. seq., § 489.101 et. seq.

§    http://www.myfloridalicense.com/dbpr/index.html

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architecture

§    Interior design

§    Landscape architecture

§    Farm projects

§    Residence buildings

§    Any other type of building costing less than $25,000; except buildings intended for public use

The individual who signs and seals the construction documents and instruments of service or the interior design drawings shall be liable for the professional services performed

Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Engineering

§    Public officer employed by the state government on projects less than $10,000

§    Employees of a corporation who work on the design or fabrication and servicing of manufactured products

§    Employees of a public utility or other entity subject to regulation by certain commissions

Partnership and all partners all jointly and severally liable for acts committed by their agents acting in their professional capacity. Employees are also personally liable. The corporation is liable, up to the full value of its property

Same as above

Land Surveying and Mapping

§    US government employees, or employees of the State under certain conditions

§    A registered professional engineer for services incidental to the practice of engineering

§    The following persons when performing construction layout from boundary, horizontal, and vertical controls that have been established by a registered professional surveyor and mapper: certain contractors and professional engineers

§    Persons employed by county property appraisers and the Department of Revenue, to prepare maps for property appraisal purposes only, but only to the extent that they perform mapping services which do not include any surveying activities

§    Reciprocity privileges also exist

Businesses must be licensed with the Department. Partnerships and all partners are jointly and severally liable for the negligence, misconduct and wrongful acts committed by their agents. Employees of other business organizations shall be personally liable

Same as above

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction Contracting

§    General, Building, Residential, Sheet Metal, Roofing, Air Conditioning, Mechanical, pool/spa, Plumbing, Underground Utility and Excavation, Solar, Pollutant Storage Systems, and Specialty Contractors

See FL Stat. §489.103 – some include:

§    Bridges, roads, streets, highways, or RR;

§    Authorized gov’t employees

§    Public utilities

§    Owners of property

It may only be certified or registered in the category of business for which the qualifying agent is certified or registered.

Fines or other penalties

Electrical and Alarm System Contracting

§    Employees of a certificate holder under certain circumstances

§    An authorized employee of the United States, this state, or any municipality, county, irrigation district, reclamation district, or any other municipal or political subdivision of this state with certain exceptions

§    An officer appointed by a court when he or she is acting within the scope of his or her office as defined by law or court order.

§    Public utilities, on construction, maintenance, and development work performed by their forces and incidental to their business.

§    The sale or installation of any finished products, materials, or articles of merchandise which are not actually fabricated into, and do not become a permanent fixed part of, the structure.

§    Other exemptions may be found at: FL ST § 489.503

The business must apply for a license, the registration or certification when issued must be issued in the name of the qualifying agent.

Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Septic Tank Contracting

None listed

One or more principal officer of the business and all personnel who act on its behalf must be registered, and the business must be issued a Certificate of Authorization by the Department

Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Georgia

 

 

Helpful Resources:

§    O.C.G.A. § 43-4-1, et. seq.

§    O.C.G.A. § 43-23-1, et. seq.

§    O.C.G.A. § 43-15-1, et. seq.

§    O.C.G.A. § 43-41-1, et. seq.

§    http://sos.georgia.gov/plb/architects/

§    http://sos.georgia.gov/plb/landscape/board_members.htm

§    http://sos.georgia.gov/plb/pels/

§    http://sos.georgia.gov/plbnews/contractors/default.htm

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Residential buildings

§    Farm buildings

§    Single-story buildings <5,000 ft2

§    Non-load-bearing interior construction in existing or planned office buildings

They are not registered or licensed as professionals; instead individuals are registered or licensed. But, a business may still be held liable

Misdemeanor

Interior Designers

§    Registered architect

Same as above

Misdemeanor

Landscape Architects

§    Prime contractors installing personal designs

§    Gardner or nurserymen

§    Persons qualified by training, experience, or both who offers services as a municipal, regional or urban planner

§    Government employees

Same as above

Misdemeanor

Engineers and Land surveyors

§    Government employees

§    Projects costing less than $100,000

§    Private or non-commercial projects

§    Farm buildings

Same as above, but firms must also be issued a certificate of authorization

Misdemeanor and Civil penalties punishable by a fine of $ 100.00 but not more than $ 5,000.00 per violation.

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

General and Residential Contractors

§    Work valued at less than $2,500

§    Specialty contractors, under certain conditions

§    Contractors pre-qualified, Owners, Repair work

§    Architects, interior designers, and engineers

§    Agricultural buildings or manufactured homes

A business must submit its application through an individual “qualifying agent”

Criminal fines not less than $500, imprisonment of three months, or both

 

Specialty Contractors

§    Electrical, plumbers, conditioned air, low-voltage, and utility; and any asbestos related work or fire-protection sprinkler

§    Projects including less than 10 continuous linear feet or ten square feet of material constructed of asbestos

An entity may practice, provided the person or persons that actually engage in the performance of such business on a full-time basis have valid licenses issued to them as provided for in this chapter.

Civil penalties in an amount up to $10,000.00 per violation

Misdemeanor punishable by a fine of not more than $1,000.00 and/or imprisoned for not more than six months

Nonresident Contractors

§      when the total contract price or compensation to be received amounts to less than $10,000.00

Business must obtain a certificate of authority from the GA Secretary of State and maintain a registered agent in GA

Misdemeanor punishable by a fine of $500

Failure to be licensed does not impair the validity of the contract, nor does it prevent the organization from defending itself against a suit in GA

Hawaii

 

 

Helpful Resources:

§ Haw. Rev. Stat. §§ 464-1 to -15 and §§ 444-9

§ Butler v. Obayashi, 785 P.2d 1324

§ http://hawaii.gov/dcca/areas/pvl/boards/electrician/

§ http://hawaii.gov/dcca/areas/pvl/boards/engineer/

§ http://hawaii.gov/dcca/areas/pvl/boards/contractor/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Engineers. Landscape Architects, and Surveyors

§    Employees of the US government

A business entity may practice provided that the person directly in charge is duly licensed, and their name has been filed with the licensing board by the entity

Fine of not more than $500 for an individual or $1,000 for a corporation, or imprisonment of not more than one year, or both.

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§     Government employees

§     Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;

§     Work relating to finished products  that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;

§     Any project or operation for which the aggregate contract price is not more than $1,000, with some exceptions.

§     A registered architect or professional engineer acting in their professional capacity;  

§     Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;

§     Owners or lessees of property who build or improve residential, farm, industrial, or commercial buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children and who do not offer the buildings or structures for sale or lease with certain exceptions 

§     Any joint venture if all members thereof hold licenses issued under this chapter;

§     Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or

§     Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency.

Business entities follow the same procedure as individuals in obtaining licensure

Civil penalties, fines and/or imprisonment, with increased punishment for violations against the elderly

Idaho

 

 

Helpful Resources:

§    ID Code §§ 54-301 et. seq.; -3001 et. seq.; -1201 et. seq.; -2620 et. seq.; -1001 et. seq., -5201 et. seq.; -1901 et. seq.

§    http://www.state.id.us/business/licensing.html

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    The practice of engineering or any other profession or trade for which a license is required under any law of this state,

§    US government employees

§    Individuals working under the supervision of those lawfully practicing as architects, including interns

§    Work where such building is to be, or is used as a single or multiple family residence not exceeding 3 units or 2 stories in height, or as a farm building; or for the purpose of outbuildings or auxiliary buildings in connection with such residential or farm premises.

§    Any work which does not involve the public health or safety.

§    The preparation of shop drawings by persons other than architects for use in connection with the execution of their work; or the preparation of drawings of fixtures, or other appliances or equipment, or for any work necessary to provide for their installation.

§    Expert consultation rendered to an architect by a consultant

§    The use of the title “architect” by a person previously licensed as an architect in good standing whose license has lapsed based upon retirement or who is licensed in another jurisdiction, to identify the person's profession but not for the purpose of practicing architecture.

A license cannot be issued to a business

Misdemeanor punishable by a fine of $100 – $500, and/or imprisonment for a period not exceeding 3 months

Landscape Architects

§    Supervised employees of someone licensed in this area

§    Business conducted in this state by any land use planner, horticulturist, nurseryman, or landscape nurseryman, gardener, landscape gardener, landscape designer, or landscape contractor, as these terms are generally used

§    This chapter shall not apply to architects, professional engineers, geologists, and land surveyors, licensed to practice their respective professions.

Certificates of registration are issued only to natural persons and not to firms or corporations

Misdemeanor

Engineers and Land Surveyors

§    The practice of any other profession or trade for which a license is required

§    The work of an employee or a subordinate of a person licensed

§    Any individual teaching upper division engineering subjects that are classified as engineering design for any college or university

§    An individual/business entity doing surveying work for himself on his property which affects exclusively the property or interests, provided certain conditions are met

§    An individual doing survey work for himself, or through an entity with respect to a mining claim.

§    The practice of engineering by employees of a business entity for internal use only.

All personnel of such business entity, who act in its behalf as professional engineers or professional land surveyors in must be lawfully practicing, and further provided that said business entity has been issued a certificate of authorization by the board

Misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers

§    Work in a single or duplex family dwelling, including accessory buildings, provided certain conditions are met

§    Farm buildings located outside the incorporated limits of any city unless such buildings are connected to a public water or sewer system

§    Logging, mining or construction camps when plumbing installations are made to conform with the recommendations of the department of health and welfare.

§    Piping systems in industrial processing plants located outside the incorporated limits of any city unless such systems are connected to a public water or sewer system.

§    Work on plumbing systems on premises owned or operated by an employer who regularly employs maintenance or construction plumbers, provided that alterations, extensions and new construction shall comply with the minimum standards and rules applicable to plumbing practices provided by this chapter.

§    Sewer contractor, sewage disposal contractor, or any excavating or utility contractor who generally engages in the business of installing, altering or repairing sewers, private and public sewage disposal systems, and water distribution and/or drainage lines outside the foundation walls of any building or structure

§    Water treatment installations and repairs when installed in residential or business properties, provided certain conditions

§    Plumbing work within modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in section 39-4304, Idaho Code.

§    Other licensed individuals

A responsible member of the entity must take the examination and be issued a certificate

Misdemeanor punishable by a fine of not less than $10 or more than $300, or to imprisonment in the county jail not to exceed 30 days, or both.

Civil penalties up to $1,000 per offense

Electrical Contractors

§    Any property owner performing electrical work in the owner's primary or secondary residence or associated outbuildings;

§    Any person regularly employed as a maintenance electrician performing on the premises of the person's employer;

§    Any telephone company, rural telephone cooperative, or municipal communications utility, electrical public utility, rural electrical cooperative, municipal power utility performing work on customer-owned facilities under their exclusive control, or at the request of the customer

Must be licensed

Misdemeanor, and civil penalties established by administrative rule but not to exceed $1,000

Contractors

§    Professionals who are otherwise licensed or regulated by the state

§    See also I.C. § 54-5205

Business entities must be licensed similarly to individuals

Misdemeanor punishable  by a fine  not to exceed $1,000 and/or imprisonment not to exceed 6 months

Public Works Contractors

§    Government employee

§    Officers of a court when they are acting within the scope of their office.

§    Public utilities operating under the jurisdiction of the public utilities commission of the state of Idaho on construction, maintenance and development work incidental to their own business.

§    The sale or installation of any finished products which are not actually fabricated into and do not become a permanent fixed part of the structure.

§    Work on personal property.

§    Work on US government property

§    Work incidental to irrigation and drainage ditches of regularly constituted irrigation districts, drainage districts or reclamation districts, except when performed by a person required to be licensed under this chapter.

§    Duly licensed architects, licensed engineers, and land surveyors when acting solely in their professional capacity.

§    Work where there is an estimated cost of less than $10,000, or a project estimated to cost less than $50,000 for which no responsive statement of interest was received from a licensed public works contractor when statements of interest were solicited as provided in section 67-2805, Idaho Code.

§    Any construction, operation, alteration or maintenance of a solid waste disposal site including those operated by, for, or at the direction of a city or a county.

§    Any construction, operation or repair carried on in response to an emergency that has been officially declared by the governor, or an emergency that has been declared by a governing body (city or county) in anticipation of a governor's declaration, for a period of time not to exceed 7 calendar days.

Business entities must be licensed similarly to individuals

Misdemeanor punishable  by a fine  not to exceed $5,000 and/or imprisonment not to exceed 1 year

Illinois

 

 

Helpful Resources:

§    225 ILCS 305 et. seq.

§    225 ILCS 310 et. seq.

§    225 ILCS 315 et. seq.

§    225 ILCS 325 et. seq.

§    225 ILCS 340 et. seq.

§    225 ILCS 320 et. seq.

§    225 ILCS 345 et. seq.

§    http://www.idfpr.com/dpr/who/archt.asp

§    http://www.idfpr.com/dpr/WHO/lanar.asp

§    http://www.idfpr.com/dpr/WHO/lansv.asp

§    http://www.idfpr.com/dpr/WHO/pe.asp

§    http://www.idfpr.com/dpr/WHO/se.asp

§    http://www.idph.state.il.us/envhealth/asbestos.htm

§    http://www.idph.state.il.us/envhealth/lead.htm

§    http://www.idph.state.il.us/envhealth/plumbing.htm

§    http://www.idfpr.com/dpr/who/roof.asp

 

 

 

 

 

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Single, or two-family residence with certain restrictions

§    The building, remodeling or repairing of any building or other structure outside of the corporate limits of any city or village, where such building or structure is to be, or is used for farm purposes, or for the purposes of outbuildings or auxiliary buildings in connection with such farm premises.

§    Interior design services for buildings which do not involve life safety or structural changes.

The business must register with the Department and have a resident architect overseeing the practices. 2/3 of its board/partners/ members must be licensed in any state to practice architecture, professional engineering, land surveying or structural engineering; and the person having the practice must be a director/gen. partner/member and hold a license

Civil fines up to $10,000, and mental and/or physical examination by physicians designated by the Department.

Interior Designers

§    Architects

§    Professional and Structural engineers

§    Those who do not profess to be “registered interior designers”

Not expressly provided

Civil fines up to $5,000 and mental and/or physical examination by physicians designated by the Department.

Landscape Architecture

§    Persons with a certificate of qualifications from the National Council of Landscape Architecture Registration Board or registration from another state with substantially equivalent requirements may be exempted from the examination requirement

Business entities are licensed according to the same process as individuals

Civil fines up to $1,000, and mental and/or physical examination by physicians designated by the Department.

Professional Engineering

§    Certain government employees

§    People performing activities ordinarily performed by: chief engineer of plant operation, chief operating engineer, locomotive, stationary, marine, power plant or hoisting and portable engineers, electrical maintenance or service engineers, personnel employed in construction, operation or maintenance of street lighting, traffic control signals, police and fire alarm systems, waterworks, electric, and sewage treatment, and those who supervise the operation of machinery of construction or installation of equipment within a plant which is under such person’s immediate supervision

§    Work done for private use

There must be one or more of the managing agents in charge of the professional engineering activities in Illinois with valid, active licenses. In a sole proprietorship, it must be operated by a person who holds a license as a professional engineer or a structural engineer. [sole proprietorship owned and operated by a professional engineer with an active license is exempt from the registration requirements of a professional design firm]

Revocation or suspension of license or the imposition of fines up to $10,000, and mental and/or physical examination by physicians designated by the Department.

Structural Engineering

§    Draftsmen, students, clerks of work, superintendents and other employees of Licensed Structural Engineers when acting under their supervision

Design firms seeking registration must have a managing agent in charge of structural engineering with a valid license to practice structural engineering. A sole proprietorship must be owned and operated by someone holding an Architectural, Professional, or Structural engineering license, and need not register.

Mental and/or physical examination by physicians designated by the Department.

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers

§    Licensed architects, professional or structural engineers may plan and design plumbing systems

§    Employees of a governmental unit or privately owned municipal water supplier

§    Work on a single family residence, given certain provisions

The employees of an entity who engage in plumbing shall be licensed. At least one member of every firm, association or partnership engaged in plumbing work, and at least one corporate officer of every corporation engaged in plumbing work, as the case may be, shall be a licensed plumber.

Civil fine not to exceed $5,000

Class B misdemeanor and a fine of $500 for the first offense; and a second or subsequent violation of this Act shall be a Class A misdemeanor with a fine of $1,000.

Water Well and Pump Installation Contractors

§    Work done by the owner for personal, or farming purposes

§    Persons doing work under the supervisions of one with a license

§    Drills used for observation or any other purpose connected with development or operation of a gas storage project

§    Driven point wells

Business entities are licensed according to the same process as individuals

A petty offense punishable by a fine a not less than $100.

Irrigation Contractors

§    Licensed plumber or licensed apprentice plumber

Not expressly provided

Civil fine not to exceed $5,000

Roofing Contractors

§    Those who sell roofing materials

§    Personal or employer’s property work

§    Work for the State or any county or municipality

§    Work to greenhouses, related horticultural structures or farm buildings

A license sought by an entity will be issued in the name of the entity, but an individual person must be designated as the “qualifying party” for purposes of taking the examination

Civil fines up to $1,000

Land Surveyors

None listed

Any professional design firm seeking to be registered pursuant to the provisions of this Section shall not be registered unless one or more managing agents in charge of land surveyor activities in this State are designated by the professional design firm. Each managing agent must at all times maintain a valid, active license to practice professional land surveying in Illinois.

Civil fines not to exceed $5,000

General Contractors

Subject to local ordinances

 

 

Indiana

 

 

Helpful Resources:

§    I.C. § 25-4-1-1 et. seq.

§    I.C. § 25-1-11-1 et. seq.

§     I.C. § 25-31-1-1 et. seq.

§    I.C. § 25-21.5-5-1 et. seq.

§    I.C. § 22-11-3.1-1 et. seq.

§    I.C. § 25-28.5-1-1 et. seq.

§    I.C. § 25-39-3-1

§    http://www.in.gov/pla/architect.htm

§    http://www.in.gov/pla/architect.htm

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architect

§    Registered engineers, though they may not use the designation of architect

§    Students, employees and constructions superintendents working under the supervision of a licensed architect

§    Work that has been specifically exempted from the fire prevention and building safety commission requirements for preparation of such plans and specifications by registered architects or registered engineers.

Entities can only practice under the full authority and responsible charge of a registered architect who is a principal of the firm and whose name appears with the firm’s

Civil penalty for not more than $1,000 per violation

Landscape Architect

§    Work which is performed by licensed professionals incidental to their practice

§    Employees of the US government

§    The practice of planning as is customarily done by regional, park, or urban planners;

§    The practice of arborists, foresters, gardeners, turf managers, home builders, horticulturists, farmers, nurseryman or general or landscape contractor, the practice of natural resource professionals, including biologists, geologists, or soil scientists, and other similar persons

The practice of landscape architecture by an entity may occur through an individual if the individual: is in direct control of the practice; exercises direct supervision of all personnel who act on behalf of the firm; and holds a current registration under this chapter.

Same as above

Engineers

§    Reciprocity may be available if the applicant has been registered for at least 10 years and meets certain other education and experience requirements

§    Registered architects

An entity must work through the direction and supervision of a registered professional engineer who is a full-time employee of the business

Class B misdemeanor

Land Surveyors

§    An employee or a subordinate of a person who holds a certificate of registration

§    Employee of the US government

A registration certificate for a land surveyor may be issued only to a natural person. An entity may not be engaged in the practice of land surveying unless the practice is carried on under the responsible direction and supervision of a registered land surveyor who is a full-time employee and a principal of the firm or partnership or an officer of the corporation.

Class B misdemeanor

Constructions Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers

§    A license is automatically issued if there is a reciprocity agreement with the state

§    US government employees, or employees of the State or political subdivision

§    Public utilities

§    Residential dwellings

§    Maintenance personnel at their employment

§    Sewer contractors

Each member of a firm who engages in the activities must be individually licensed. In a limited partnership only the general partner must be licensed. In a corporation at least one officer or employee must hold a license

Class A or B misdemeanor depending on the status or lack thereof of the license

Water Well Drillers

The commission has the power to determine any exemptions

Not expressly provided

Class B misdemeanor

Contractors: general, electrical, and heating, ventilation and air conditioning are regulated by local authorities

Iowa

 

 

Helpful Resources:

§    Iowa Code § 544A.16

§    Iowa Code § 542B.2

§    Iowa Code § 91C.1, .2

§    Food Mgmt., Inc. v. Blue Ribbon Pack, Inc., 413 F.2d at 723-4

§    Op. Iowa Att’y Gen. 1993-7 (1993)

§    http://www.state.ia.us/government/com/prof/home.html

 

Design Professionals

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Professional engineers and those working under their supervision

§    Superintendents, inspectors, supervisors and building trade craftsperson

§    Design services for: residential, detached, agricultural buildings, warehouses, factory built buildings and churches

Only an individual natural person is eligible for registration. A business entity may engage in the practice if: the work shall be performed by or under the direct supervision and responsible charge of one or more architects, 2/3 of the principles are registered architects or engineers, 1/3 are registered architects, a person on behalf of a business entity engaged in the practice of architecture must be registered to practice architecture in this state, and they must acquire authorization to practice architecture as a business entity from the board

Criminal and civil sanctions

Engineers and Land Surveyors

§    Full-time employee of any corporation while doing work solely for the internal use of that corporation

§    US government employees

§    Assistants to a licensed professional who is supervised

§    The operation or maintenance of power and mechanical plants or systems.

All principal designing or constructing engineers must hold certificates of licensure issued under this chapter. This chapter shall not apply to corporations engaged solely in constructing buildings and works.

Civil and Criminal penalties

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors are not required to be licensed, but they must register with the Labor Commission and hold either an architect’s or engineer’s license

Kansas

 

 

Helpful Resources:

§    K.S.A. 74-7001 et. seq.

§    K.A.R. 66-6-4

§    K.S.A. 12-1501 et. seq.

§    Int’l Conference of Building Officials, 6738 N.W. Tower Drive, Kansas City, MO 64151

§    http://www.accesskansas.org/ksbtp/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Land Surveying

§    Qualified nonresident who is consulting

§    Employees performing surveying services for the employer, subject to certain limitations

§    Plumbers, electricians, and plumbing or electrical contractors

§    Certain public officers

(1) One or more of the corporate officers of such corporation is designated as responsible for the activities and decisions relating to the practice and is licensed to practice by the state board of technical professions and is a regular employee of and active participant in the corporation; (2) all personnel who act in its behalf are licensed to practice such profession by the state board of technical professions or are persons lawfully practicing; and (3) such corporation has been issued a certificate of authorization by the state board of technical professions.

Fines can be assessed up to, but not to exceed, $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third or any subsequent violation

Geology

Same as above

Same as above

Engineering

Same as above, and

§    One/two family dwellings

Same as above

Architecture

Same as above, and

§    One/two family dwellings

§    Agricultural buildings

§    Store fronts, interior alterations or addition, and work on fixtures cabinets, etc.

Same as above

Landscape architecture

Same as above, and

§    nurserymen

Same as above

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers, Electricians, Mechanical contractors, and General Contractors

Licensing varies among cities and counties. However, there are standardized exams, the passage of which in one city serves as valid proof of competency when applying for licensing in another city.

Kentucky

 

 

Helpful Resources:

§    K.R.S. § 323.101 et. seq.

§    201 KAR 19:001 et. seq.

§    Dahlem Constr. Co. v. State Bd. Of Exam’r, 459 S.W.2d 169, 171 (Ky. 1970)

§    K.R.S. § 322.010 et. seq.

§    Bd. Of Educ. of Ferguson Indep. Grades Sch. Dist. V. Elliot, 125 S.W.2d 733, 735-36 (Ky. 1939)

§    Kennoy v. Graves, 300 S.W.2d 568, 570 (Ky. 1957)

§    http://dhbc.ky.gov/default.htm?wbc_purpose=basic&WBCMODE=presentationunpublished

§    http://kyboels.ky.gov/

§    http://boa.ky.gov/default.htm

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Residential or farming structures

§    Structures that do not have as their principal purpose human use

§    Consultants

§    Employees of US government

§    Licensed engineers acting incidental to their profession

Not expressly provided

Class A misdemeanor

Contracts with unlicensed architects are void

Engineers and Land Surveyors

§    Individuals training under a licensed professional

§    US government employees

§    The practice of engineering or land surveying by a person on property he or she leases or owns, with certain exceptions

§    Acting solely as an officer or employee of a privately owned public utility or of a business entity engaged in interstate commerce

§    A licensed architect who engages in the practice of engineering incident to the practice of architecture.

At least 1 of its principals, officers, or a designated employee is a professional engineer (or land surveyor in case of surveying) who is in responsible charge of the engineering work; and the board has issued a permit to the business entity.

 

Fine between $100 and $1,000 and/or imprisonment for not more than 3 months

 

Contracts with unlicensed engineers are generally void

Landscape Architects

§    Exemption from examination is available for those licensed in another state with equivalent requirements

§    US government employee

§    A licensed professional engineer

§    Nurseryman, gardeners, or individuals who plan or plant on his own property.

§    Individuals certified by the American Society of Golf Course Architects in work on golf courses

§    Community, regional or state planners.

§    Persons performing grading, earthmoving, or other construction operations which are normal to his occupation.

Not expressly provided

Fine between $100 - $1,000

Interior Designers:  a license is not required, but they must have a certificate

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers

§    Farmsteads

No person or corporation who assumes responsible charge and direction of other persons in the installation of plumbing shall employ or engage any person not licensed under this chapter to perform and install plumbing.

Fine between $10 - $100 and/or imprisonment for not more than 90 days

Electrical Contractors, Master electricians, and Electricians

§    Installations under the exclusive control of electric utilities for the purpose of communication, metering, or for the generation, control, transformation, transmission, and distribution of electric energy located in buildings used exclusively by utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads, or outdoors by established rights on private property.

§    Maintenance worker performing routine maintenance

§    A homeowner or farmer on his or her real property.

§    A retailer or its agent engaged in making installations of an appliance purchased at a retail establishment

§    The use of unlicensed, nonresident electricians in temporary, emergency, or industrial shutdown situations. Given certain conditions

§    Work at a surface or underground coal mine or at a coal preparation plant.

§    Work for a telecommunications company for which the voltage is fifty (50) volts or less.

§    A factory-authorized representative from the installation, maintenance, or service of a medical equipment device. Given certain conditions

§    Low-voltage, power-limited installations for control or coordination of interconnected devices separated from a power source by a Class 2 or Class 3 transformer installed by certain persons

§    Work performed at industrial manufacturing facilities or natural gas pipeline facilities by employees of those facilities.

Not expressly provided

Misdemeanor punishable by fine or jail

Fire Protection Sprinkler Contractors

§    State or local building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities.

§    Professional engineers

§    This chapter shall not apply to limited area sprinkler systems served by a domestic water supply consisting of 10 sprinkler heads or less than 1 structure.

Not expressly provided

Class B misdemeanor

HVAC Contractors and Mechanics

§    Employees of HVAC licensees

§    US government employees

§    Individual owners of real property

§    Person employed in the work of residential window air conditioning units

§    A licensed boiler installer or construction inspector

§    Full-time maintenance person performing routine maintenance

§    Contractors installing HVAC units on any property owned or operated by certain entities

§    A general retailer

§    Electrical repair

§    State government employee according to 903 KAR 6:020

§    Routine maintenance as a volunteer

§    Work with liquefied petroleum gas units

Not expressly provided

Class A misdemeanor

Boiler Installation and Repair

§    Employees of a licensee

A firm or corporation must pass the examination and pay the fee

Class B misdemeanor

Asbestos Professionals are normally not required to have a license, but are required to be accredited when working at schools, public buildings, and commercial buildings

General Contractors are not required to have a contractor’s license, but they must have a license to practice certain professions or trades

Louisiana

 

 

Helpful Resources:

§    La R.S. 37:154 et. seq.

§    La R.S. 37: 681 et. seq.

§    La R.S. 37:2150 et. seq.

§    La R.S. 37:1361 et. seq.

§    http://www.lastbdarchs.com/

§    http://www.lapels.com/

§    http://lsbid.org/

§    http://www.lslbc.louisiana.gov/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Employees of US government

§    Residential buildings or for personal use

§    Renovations or alterations that do not affect the structural integrity

§    Those registered in another state, if they associate with an architect registered in LA

A business entity must be certified according to LA R.S. 37:146

 

Fine for each violation up to $5,000 or imprisonment for up to 3 months

Engineers, and

§    Architectural, chemical, civil, electrical, industrial, mechanical, metallurgical, mining, petroleum

Land Surveyors

§    Work on private homes, domestic structures, or farmlands

§    Employees of firms engaged in industrial operations

§    A person who establishes lines and elevations for canals or levees for irrigation or erosion control

§    Services performed by employees within established boundaries under the control of their employer

An entity shall file an application for licensure with the board on a form provided by the board.

Fine for each violation up to $5,000 or imprisonment for up to 3 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractor

§    Any public utility providing gas, electric, or telephone service which is subject to regulation

§    Owners of property who supervises work done on his property for his personal use

§    Persons donating labor for work on churches.

§    Farmers doing construction for agricultural purposes on leased or owned land.

§    Work on any project totally owned by the federal government.

§    Persons engaged in the rail or pipeline industry

§    Citizens volunteering labor for the construction of a project which is funded by the Louisiana Community Development Block Grant, Louisiana Small Towns Environment Program.

§    Persons, suppliers, manufacturers, or employees of such persons who assemble, repair, maintain, move, put up, tear down, or disassemble any patented, proprietary, or patented and proprietary environmental equipment supplied by such persons to a contractor to be used solely by the contractor for a construction undertaking.

§    Work on manufactured, factory-built, or residential dwellings that are mounted on chassis and wheels.

Each applicant must designate a qualifying party who will take the examination and hold the license as legal representative

Fine up to $500, or three month in prison, or both

Civil penalty up to 3% of the total contract being performed

Plumbers

§    Water used in manufacturing establishments for processing products that are not for human consumption.

§    Drilling of water wells.

§    Community water supply distribution system or systems.

§    Community sewage collection or treating system or systems.

§    Fixtures, vessels or piping used by manufacturing establishments for removal of any waste other than human, vegetable or animal waste.

§    All piping used for heating or cooling where it is not directly connected with a potable water supply system.

§    All piping used for conveying oil, gas or other hydrocarbons.

§    Work done by an individual on his own personal residence.

§    Regular maintenance work to be carried out upon the owner's property

Not expressly provided

Fine between $500 - $5,000 and/or imprisonment for up to 90 days

Maine

 

 

Helpful Resources:

§    32 MRSA § 220(1) et. seq.

§    32 MRSA § 1351 et. seq.

§    32 MRSA § 220(2)(A)

§    10 MRSA § 1111(3)

§    http://www.maine.gov/pfr/professionallicensing/index.shtml

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Builders who supervise the installation of architectural projects and licensed engineers performing work incidental to their profession

§    Preparation of technical submission for: dwellings, farm buildings, alterations, renovations or remodels under certain conditions, buildings not intended for human occupancy or habitation, single story buildings less than 1,000 ft2, and pre-engineered manufactured buildings

§    A license may be issued without examination if an architect holds a valid license from valid certificate from the National Council of Architectural Registration Boards; or holds a valid license from another jurisdiction with equivalent licensing regulations

Entities may not be licensed, but may practice if:

§    1/3 of the directors or partners are licensed under the laws of any state

§    The practice is under the direct supervision of a director who is licensed in Maine, and

§    And additional 1/3 of the directors are licensed under the laws of any state to practice engineering, architecture or landscape architecture

Civil fine not to exceed $1,000

Engineers

§    Limited practice by nonresidents, and nonresidents becoming residents

§    US government employees, and employees under licensed supervision

§    Subsurface sewage disposal

§    Person who performs work on certain vessels

§    Persons engaged in design of minor construction

A firm, co-partnership, corporation or joint stock association may engage in the practice of professional engineering in this State, provided that the practice is carried on only by professional engineers licensed in this State.

Civil fine not to exceed $1,000

Landscape Architects

§    Licensed architects whose work is incidental

§    A landscape architect license may be issued without examination to an applicant who has passed a standard examination and received certification by the Council of Landscape Architectural Registration Boards

A corporation or partnership may not be licensed, but it is lawful for a corporation or partnership to practice landscape architecture in this State if: (1) the practice is under the direct supervision of a director or partner who is licensed under this chapter; and (2) at least 1/3 of the directors or partners of the corporation or partnership are licensed under the laws of any state to practice engineering, architecture or landscape architecture.

Civil fine not to exceed $1,000

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Maine does not recognize or license a person who practices as a construction professional

Maryland

 

 

Helpful Resources:

§    MD. Code Ann., Bus. Occ. & Prof. § 3-205 et. seq.; § 9-201; § 8-301; § 14-301; § 15-101; § 17-305; § 6; § 12; § 17; § 9A

§    http://dllr.maryland.gov/pq/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

Examination and licensing requirements may be waived for nonresidents licensed in another state

§    Construction contractors

§    Developer, builder, or contractor of 1-2 family dwellings, ancillary structures, or farm buildings

§    Individuals working on their property for their personal use

§    Work that does not exceed $5,000, or affects the structural integrity

A business entity may provide architectural services through a licensed architect. Neither the entity nor the individual is relieved of liability.

Misdemeanor punishable by a fine not exceeding $3,000 or imprisonment not exceeding 1 year or both

Civil fines not exceeding $5,000 per violation

Landscape Architects

Examination and licensing requirements may be waived for nonresidents licensed in another state

§    US government employees

§    Individuals who are employees or under the supervision of a licensed landscape architect

§    Nurseryman, general contractor, or landscape contractor

An entity may provide landscape architectural services through a licensed landscape architect but may not use the title “landscape architect” in connection with the name of the corporation or partnership; and shall hold a permit issued by the Board before the corporation or partnership may operate a business through which landscape architecture is practiced.

Misdemeanor punishable by a fine not exceeding $3,000 or imprisonment not exceeding 1 year or both

Civil fines not exceeding $5,000 per violation

Certified Interior Designers

§    Examination may be waived under certain conditions

§    The act does not apply to those who do not use the title “certified interior designer”

§    Licensed architects

Not expressly provided

Misdemeanor punishable by a fine not exceeding $1,000.

Civil penalty not to exceed $5,000

Professional Engineers

Examination may be waived for those licensed in another state

§    Employees of those authorized to practice professional engineering, a public utility, or the US government

§    Employees of a corporation, given certain conditions

§    An employee of a corporation engaged in manufacturing, industrial processes, industrial engineering or work with industrial processes or manufacturing

§    Work in research and development

Not expressly provided

Misdemeanor punishable by a fine not exceeding $500 and/or imprisonment not exceeding 6 months

Civil penalty not to exceed $5,000 for each violation

Land Surveyors

Examination may be waived for those licensed in another state

§    Community water or wastewater treatment collection or distribution systems;

§    Community pumping or lift stations;

§    Geotechnical or structural design components of sediment control or stormwater management ponds or basins.

A corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which land surveying or property line surveying is practiced.

Misdemeanor punishable by a fine not exceeding $500 and/or imprisonment not exceeding 6 months

Civil penalty not to exceed $5,000 for each violation

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction

§    Nonresidents licensed in a state which does not require a similar license for a Maryland contractor

§    Home improvement contractor

Not expressly provided

Fine not to exceed $300 or imprisonment not exceeding 30 days

Electricians, Plumbers and Heating, Ventilation, Air Conditioning, and Refrigeration Contractors

§    Licensing for plumbers and gas fitters do not apply to Baltimore County and portions of Montgomery and Prince George’s County, with some exceptions

§    To install or repair equipment with less than 225 volts or 25 amps or individually controlled electrical resistance heat

§    Install hydronic heating systems

§    Licensed engineers are not required to obtain HVACR licenses

See ABA Guide pgs. 479 – 481 and cited statutes there

See ABA Guide pgs. 479 – 481 and cited statutes there

Home Builders

§    Work done by landowners for their own use

§    New homebuilders in Montgomery County

A contract for the performance of any unlicensed home builder is unenforceable

Home Improvement Contractors

§    New home construction

§    Work to existing exposed plumbing lines

§    Sale of materials

§    Work done on apartment buildings

§    Shore erosion control projects

Misdemeanor

§    Fine up to $5,000, and/or

§    Imprisonment up to 6 months

Massachusetts

 

 

Helpful Resources:

§    M.G.L. c. 112

§    M.G.L. c. 142A

§    http://www.mass.gov/legis/laws/mgl/156a-10.htm

 

 

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Plans for and supervising buildings with less than 35,000 ft3

§    Residential and farm buildings

§    Non-substantial alteration of any building

§    Licensed engineers whose work is incidental

§    Landscape architect working incidental to his profession

Chapter 112, section 60L allows entities to perform services provided the agreement is executed on their behalf by one who is a registered architect who supervises the project

 

Fine not more than $500 and/or imprisonment for not more than 3 months

Engineers and Land Surveyors

§    Work ordinarily performed by persons who operate, maintain or install machinery or equipment.

§    An engineer may practice land surveying as incidental to his profession

§    Landscape architect working incidental to his profession

§    See M.G.L.A. 112 § 81R (various exceptions)

Chapter 112, section 81R(f) allows entities to perform services provided a licensed engineer or land surveyor is in charge of the project

Fine between $100 - $500 and/or imprisonment not to exceed 3 months

Landscape Architects

The practice of landscape architecture “shall not include the practice of architecture, the practice of engineering or the practice of land surveying, as defined in this chapter, or the making of final land plots for official recording or approval.”

An entity may use the title “landscape architect” or similar title provided that the practice of landscape architecture by such an entity shall be under the professional and supervisory control of a person registered as a landscape architect.

Fine between $100 - $500 and/or imprisonment for not more than 1 year

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction Supervisors

§    Homeowners supervising work on their own dwellings

§    Structures governed by 780 C.M.R. 116.0

§    For other exceptions see ABA Guide pgs. 498 – 501

See ABA Guide pgs. 498-499 and statutes and regulations referred to there

See ABA Guide pgs. 498-499 and statutes and regulations referred to there

Electricians, Plumbers, Fire Sprinkler Contractors, Pipefitters, Refrigeration Technicians, and Sprinkler Fitters

See ABA Guide pg. 500 and statutes referred to there

See ABA Guide pg. 500 and statutes referred to there

See ABA Guide pg. 500 and statutes referred to there

Michigan

 

 

Helpful Resources:

§    M.C.L. § 339.2001 et. seq.

§    M.C.L.A. § 330.2401 et. seq.

§    M.C.L.A. § 338.887

§    M.C.L.A § 338.3201 et. seq.

§    M.C.L.A § 338.3525 et. seq.

§    M.C.L.A § 338.971 et. seq.

§    http://www.michigan.gov/dleg/0,1607,7-154-35299_35414---,00.html

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Engineers, and Land surveyors

§    Professional engineers employed by interstate corporations who only work on their property

§    Product designers, when manufacturer assumes responsibility

§    Owner’s work on personal property not accessible to the public

§    Detached 1-2 family residences smaller than 3,500 ft2

§    Out-of-state licensees temporarily in Michigan

Professional engineering firms must be licensed. This requires 2/3 of all the principals within the firm must be licensed. Any non-licensed principals must receive state approval

For a first offense: Misdemeanor punishable by fines between $5,000 - $25,000 and/or imprisonment for not more than 93 days; professional sanctions

Landscape Architect

§    Landscape designer, landscape gardener, landscape contractor, or landscape nursery operator as long as that person does not use the term “landscape architect”

Licensure shall be on an individual basis. The department shall not license a business entity.

Not expressly provided

 

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Residential Contractors

§    Residential builder

§    Residential maintenance and alteration

§    Employees of US government, where the federal government owns the land

§    Owner of property for his own use or use as a rental

§    Licensed electrical, plumbing or mechanical contractor

§    Officer of the court acting within his duties

§    A person who engages in work with a licensed individual

§    A person working on 1 undertaking under 1 contract with an aggregate price below $600

The applicant business entity must designate one of its principals to act as a qualifying officers

Misdemeanor

§    Fine up to $500, and/or

§    Imprisonment for not more than 90 days

Electricians

§    Cities of Battle Creek, Springfield, Flint, Grand Rapids, Detroit, or Highland Park, Bedford, and Pennfield Townships – they have local ordinances

§    See M.C.L.A. § 338.887

§    Minor repair work not in excess of $100, or homeowners

Not expressly provided

First Violation

§    Fine of at least $1,000/day, not to exceed $5,000

Subsequent Violation

§    $2,000/day, not to exceed $10,000

Plumbers

§    Minor repair work and homeowners

§    Install a building sewer or water service pipe provided a permit is secured

§    Domestic water treatment and filtering equipment that requires modifications to an existing cold water distribution supply and associated waste piping in buildings

Not expressly provided

Misdemeanor

§    Fine at least $1,000/day not to exceed $5,000, and/or

§    Imprisonment for not more than 90 days

Mechanical Contractors

§    A qualified maintenance crew performing mechanical contracting work within the facility of their employ

An entity must receive a contractor's license from the department, and the holder of the license must secure the appropriate permit from the enforcing agency charged with the responsibility of issuing permits. They must designate in writing the holder of the license

Restitution and sanctions.

Misdemeanor, punishable by a fine of not more than $500.00, and/or imprisonment for not more than 90 days

Asbestos Abatement Contractors

An Asbestos abatement project that is incidental to the primary licensed trade and involves not more than 160 square feet or 260 linear feet of friable asbestos materials for certain business entities

Not expressly provided

Fines ranging from $500 - $10,000 per day

Minnesota

 

 

Helpful Resources:

§    Minn. Stat. § 326.01 et. seq.

§    Scott-Daniels Properties, Inc. v. Dresser, 160 N.W.2d 675, 679 (Minn. 1968)

§    Minn. Stat. § 326.83 – 326.992

§    http://www.state.mn.us/portal/mn/jsp/home.do?agency=LicenseMN

§    http://www.aelslagid.state.mn.us/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, professional engineers, land surveyors, landscape architects, certified interior designers, and professional geoscientists

§    Single or two family dwellings and out buildings or farm buildings

§    Temporary buildings for construction purposes

§    Plans required to be furnished by a licensed professional

§    Standardized manufactured products

§    Construction superintendent supervising the work of licensed professionals

§    A non-resident licensed in another state who is a recent arrival

§    Employees of the US government

§    A person who would be qualified for licensure as a geoscientists by virtue of experience in education for limited purposes

Minn. Stat. section 326.14 authorizes corporations to engage in architectural work if the person in charge is licensed in Minnesota

Civil penalties up to $2,000 per violation

 

A contract with an unlicensed design professional is invalid

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Residential Contractors

§    Employee of a licensee

§    A material person, manufacturer, or retailer who does not install

§    Owner of residential real estate, with certain exceptions

§    Architect, professional engineer, mechanical contractor, plumber, electrician, specialty contractor, or other person whose profession is otherwise subject to statewide licensing

§    A person whose total gross annual receipts for skills performed for which licensure would be required do not exceed $15,000

§    A school district or technical college governed by ch. 136F

§    Habitat for Humanity and Builders Outreach Foundation and their volunteers

A business entity must employ a qualifying person who is regularly employed by the licensee and is actively engaged in the business of residential contracting or residential remodeling on behalf of the licensee.

Misdemeanor

 

Loss of mechanic’s lien rights

Specialty and Trade Contractors:

§    Electricians,

§    Plumbers,

§    High pressure pipefitters,

§    Water conditioning contractors,

§    Asbestos abatement contractors,

§    Well, borings, and underground workers,

§    Elevator shafts underground, and

§    Lead abatement

§    See Minn. Stat. 326 for other specialty trades

 

 

§    Minn. Stat. § 326B.31, et. seq.

§    Minn. Stat. § 326B.41, et. seq.

§    Minn. Stat. § 326B.90 et. seq.

 

§    Minn. Stat. § 326B.50 et. seq.

 

§    Minn. Stat. § 326.70 – 326.81

 

§    Minn. Stat. Chap. 103I.501, et. seq.

 

§    Minn. Stat. § 103I.401, et. seq.

 

§    Minn. Stat. § 144.9501, et. seq.

Covered by scattered sections of Chapters 326B; 103I; 144

Covered by scattered sections of Chapters 326B; 103I; 144

Local Ordinances govern other various specialty trades: heating, venting, air conditioning contractors, plumbers, masonry, etc.

Mississippi

 

 

Helpful Resources:

§    Miss. Code Ann. § 73-1-1 et. seq.

§    Miss. Code Ann. § 73-2-1 et. seq.

§    Miss. Code Ann. § 73-13-1 et. seq.

§    Miss. Code Ann. § 31-3-1 et. seq.

§    http://www.archbd.state.ms.us

§    www.pepls.state.ms.us

§    http://www.msboc.us/

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Employees of US government

§    Contractors, superintendents, inspectors, foremen or building trades craftsmen

§    Professional engineers or landscape architects

§    City and regional planners

§    Golf course architects

§    Domestic outbuildings less than 5,000 ft2, farm buildings, or one/two family dwellings

§    Privately owned buildings or buildings owned by the state

§    Repairs, alterations, and additions

In the case of a co-partnership of architects, or architects and engineers, or a professional corporation, or professional limited liability company, either foreign or domestic, each active member or stockholder, and each officer, director or manager, must hold a certificate to practice architecture or engineering in that member's state of residence; and, in the case of a foreign corporation or professional limited liability company doing business in this state, at least one (1) active member or stockholder must hold a certificate to practice architecture in this state. No stock company, corporation, professional corporation or professional limited liability company shall be entitled to a certificate to practice architecture.

Misdemeanor punishable by a fine of not exceeding $1,000.00 and/or imprisonment of not more than 90 days

Landscape Architects

§    US government employees

§    Regional and urban planners

§    Arborists, foresters, gardeners, home builders, floriculturists and ornamental horticulturists

§    Nurserymen and landscape contractors

§    Architects and engineers

§    Regulated public service companies or utilities

§    Golf course architects

§    Applicants from other states, if their licensing requirements are equivalent

Not expressly provided

Misdemeanor punishable by a fine between $500 - $1,000 and/or imprisonment for not more than 1 year in the county jail

Engineers

§    Other licensed trades

§    Employees of the US government, or those of a license holder in MS

§    Engineering services by any regular full-time employee of a manufacturing, research and development, railroad or other industrial corporation, provided certain conditions are met

§    The board also retains the right to exempt on a case-by-case basis

At least 1 Mississippi-licensed professional engineer must be a principal officer, partner or designated principal engineer of the firm who has management responsibility for such practice and who makes significant technical and/or contractual judgments on behalf of the firm which would affect the firm's professional reputation and liability.

Misdemeanor, punishable by a fine between $100 - $5,000, in addition to reimbursement of investigative expenses and court costs, and/or suffer imprisonment for a period of not exceeding 3 months

Civil penalties – see Miss. Stat. Ann § 73-13-37

Land Surveyors

§    Other licensed trades

§    Employees of the US government, or those of a license holder in MS

§    Certain elected or appointed county surveyors

§    Employees of railroad, public service and/or utility companies

§    Geologists

Same as above

Same as above

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors: prime, sub, and sub-sub

§    Federally funded highway projects, residential subdivisions and small commercial buildings

Licensing procedures are the same for individuals. As for examination, one or more of the responsible managing officers or members of the executive staff of the applicant's firm according to its own designation must sit for the exam

Fine no more than $1,000 or imprisonment for not more than 6 months or both

Missouri

 

 

Helpful Resources:

§    RSMo. § 327.101 et. seq.

§    RSMo. § 341.101 et. seq.

§    http://pr.mo.gov/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Employees supervised by a registered architect, or perform work for their employer which does not endanger public health or safety

§    Professional engineers and landscape architects, city or regional planners whose work is limited by statute

§    Services for certain kinds of privately-owned buildings

Licensing is seen as an individual right, but one may practice his or her profession through the medium of a business entity if the documents or instruments of the entity are signed and stamped with the personal seal of the individual by whom or under whose immediate personal supervision the same were prepared, and provided that the individual is personally and professionally responsible for the work. The entity must also obtain a certificate of authority

Class A misdemeanor and civil penalties not exceeding $5,000 per offense

 

Any Contract will be unenforceable and quantum meruit recovery may be denied.

Professional Engineers

§    Employees: supervised, works in connection with a facility owned by their employer, or whose work is related to manufacturing operations

§    Registered architect

§    To bid, if licensed elsewhere

Same as above

Any Contract will be unenforceable and quantum meruit recovery may be denied.

Land Surveyors

None Listed

Same as above

Class C misdemeanor

 

Any Contract will be unenforceable and quantum meruit recovery may be denied.

Landscape Architects

Exempt from examination if licensed in a state with qualification equivalent

Same as above

The board has the discretion to censure, suspend or revoke licensure

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Plumbers: Regulation of plumbing differs according to individual cities

Montana

 

 

Helpful Resources:

§    M.C.A. Title 37, Chapters 65 – 69, 72, 73

§    Mont. Admin. R. 24.33.121 et. seq.

§    http://www.mt.gov/dli/bsd/license/license.asp

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Preparation of details and shop drawings used in connection with their work

§    Drawings for fixtures, cabinets, furniture, interior appliances or equipment

§    Residential construction of less than 8 units

§    Construction of a building by its owner, not intended for use as a public building

Only individuals shall be licensed as architects, but a number of architects constituting a firm may use the collective title "architects" or "licensed architects".

Misdemeanor punishable by fine between $500 - $1,000, and/or imprisonment between 30 days and 6 months

Landscape Architects

§    Architects, engineers or land surveyors

§    Horticulturist, nurseryman, or landscape nurseryman, plantsman, gardener, landscape gardener, landscape designer, landscape artist, landscape contractor, or land use planner

§    Work done on personal property

Certificates of licensing may be issued to natural persons only, but nothing prevents a duly licensed landscape architect from performing his services for a corporation, firm, partnership, or association.

Fine not to exceed $500 per violation

Professional Engineers and Land Surveyors

§    The practice of other legally recognized professions or trades

§    The execution of work by a contractor

§    Employees supervised by a license holder

§    Licensed architects when the work is incidental to their practice

An entity may engage in the practice of engineering in this state if one of the principles who is in responsible charge of engineering or land surveying work performed in this state is a professional engineer or a professional land surveyor, as appropriate; a professional engineer or professional land surveyor is in residence who is in responsible charge of the work conducted; and obtains a certificate of authorization from the board

Fine between $100 –  $500 and/or incarceration in the county jail for a period not exceeding 3 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

General Contractors and Homebuilders

§    US government employees, and officers of the court

§    Certain work by a public utility or oil and gas

§    Work with finished products

§    Owner of commercial property who uses their employees to do maintenance

§    Architect, civil or professional engineer, or professional land surveyor, electrician, plumber licensed in MT

§    For more... see MT. ST. § 39-9-211

A partnership or joint venture is considered registered under this chapter if one of the general partners or venturers whose name under which the partnership or venture does business is registered.

Civil penalty up to $500

Electricians

§    Work performed under the supervision of a licensed master electrician or journeyman electrician for residential construction of less than 5 living units per structure

§    Work by a public utility

§    Maintenance work by a regular employee

§    Vendors who do not install electrical wiring

An individual, firm, partnership, or corporation may apply for licensure as an electrical contractor if all electrical work performed by the individual, firm, partnership, or corporation is under the direction, control, and supervision of a licensed master electrician or under the direction, control, and supervision of a licensed journeyman electrician for residential construction consisting of less than five living units in a single structure.

A person, will be punished by a fine not more than $750 (a corporation, not more than $1,000), by imprisonment for a term not to exceed 6 months, by revocation of the license, or by any combination

Plumbers

§    Owner of residence for personal use

§    Mine, mill, smelter, refinery, railroad, or a farm not connected to public water/sewage

§    Water conditioner services in private dwellings

§    Minor work by employees incidental to installation of appliances purchased from dealers

§    Installation of a water meter

§    Private water supply

§    Cities, towns, water districts extending, repairing or replacing their own water/sewer mains

A person, firm, or corporation desiring to engage in or work in the field of plumbing in this state, either as a master plumber or as a journeyman plumber, shall make application to the department by filing a written application stating his place of residence, age, experience, and the place where he has acquired his experience and shall at a time and place designated by the board be examined as to his qualifications for a license.

Misdemeanor

Construction blasting

§    Persons engaged in farming, ranching, logging, geophysical work, drilling or development of water, oil, or gas wells, or mining of any kind, or to the private use of explosives in the removal of stumps and rocks by landowner, but they must comply with rules adopted for such activities

Not expressly provided

Misdemeanor punishable by fine not to exceed $500, imprisonment not to exceed 6 months, or both

Well Water Contractors and Well Monitoring Contractors

§    A person drilling on his own land for certain purposes

§    An apprentice under supervision

Any firm, corporation, or partnership may engage in the business of constructing or installing monitoring wells provided a licensed monitoring well constructor is in charge of all monitoring well installation.

Misdemeanor punishable by a fine of not more than $500 or imprisonment in a county jail for a term not exceeding 6 months, or both

Elevator Contractors

§    Examination may be waived for a valid license holder in another state with similar licensing

§    Apprentices, provided certain conditions are met

§    A newly hired elevator inspector who is not properly certified may conduct inspections for up to 6 months under a temporary license if supervised

Not expressly provided

A person, will be punished by a fine not more than $500 (a corporation, not more than $1,000), by imprisonment for a term not to exceed 6 months, by revocation of the license, or by any combination

Nebraska

 

 

Helpful Resources:

§    Neb. Rev. Stat. § 81-3401 et. seq.

§    Neb. Rev. Stat. § 48-2101 et. seq.

§    Neb. Rev. Stat § 18-1901 et. seq.

§    Neb. Rev. Stat. § 81-2101 et. seq.

§    Neb. Rev. Stat. § 18-2301 et. seq.

§    http://www.ea.state.ne.us/

§    http://www.landarch.state.ne.us/

§    http://www.sso.state.ne.us/bels

§    http://www.electrical.state.ne.us/

§    http://www.hhs.state.ne.us/crl/profindex1.htm

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architecture and Engineering

§    Buildings <5,000ft2

§    Farm buildings

§    Public works projects of < $86,000

§    Teaching of Architectural subjects

§    Preparation of technical submissions under direct supervision

§    Certain activities of a nonresident certified under the NCARB

§    Soil and water conservation work on farmland

§    Practices of other certified trade or legally recognized profession

The practice or offer to practice for others the professions of architecture or engineering by individuals licensed under the Engineers and Architects Regulation Act through an organization is permitted if the criteria for organizational practice established by the board are met and the organization had been issued a certificate of authorization by the board.

Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Building /Nonresident Contractors

 

§    Those who earn less than $5,000 per year

§    Work done on personal property

An entity must be registered pursuant to similar standards for individuals

Civil penalty not more than $500 for a first offense or more than $5,000 for a subsequent offense

Electrical

 

§    Employees of municipal corporations, public power districts, public power and irrigation districts, electric membership or cooperative associations, public utility corporations, railroads, telephone or telegraph companies, or commercial or industrial companies performing manufacturing, installation, and repair work for such employer to hold licenses while acting within the scope of their employment;

§    Individuals who hold a valid license issued by any city or other political subdivision, so long as he or she makes electrical installations only in the jurisdictional limits of such city or political subdivision and such license issued by the city or political subdivision meets the requirements of the act;

§    Owner of a single-family dwelling of farm doing work on his personal property

§    Pump installation contractor

§    Any work that is otherwise performed incidental to the work of a licensed professional

Not expressly provided

Class 1 misdemeanor

Asbestos/Lead Abatement

 

§    A business entity which (1) only performs asbestos projects which are less than two hundred sixty linear feet or which are less than one hundred sixty square feet and linear feet in any combination or (2) uses its own employees for an asbestos project for the purpose of renovating, maintaining, or repairing its own facilities shall not be required to hold a license.

An entity must show: access to modern and effective equipment designed for use in asbestos projects; ensure that each employee or agent of the business entity who will come into contact with asbestos or who will be present on an asbestos project is licensed; demonstrate to the satisfaction of the department that the business entity is capable of complying with all applicable requirements, procedures, and standards pertaining to the asbestos project; have access to at least one approved asbestos disposal site; and meet any other standards which the department may deem necessary

Civil penalty of not less than $5,000 nor more than $25,000 for the first offense and not less than $25,000 nor more than $100,000 for a second or subsequent offense.

Criminal penalties: for a first offense, Class I misdemeanor; and for a second or subsequent offense, a Class IV felony.

 

Storage Tank Considerations

§    In the case of tanks permanently abandoned on or after January 1, 1974, an annual permit shall not be required and an initial registration permit shall be sufficient.

Not expressly provided

Civil fine of not more than $5,000

HVAC –  Licensing must be obtained in certain cities

 

Plumbing –  Licensing must be obtained in certain cities

 

 

Nevada

 

 

Helpful Resources:

§    NRS 623.330 et. seq.

§    NRS 623A.060(1)

§    NRS 625.020 et. seq.

§    NAC 625.020

§    http://www.nsbaidrd.state.nv.us/

§    http://www.nsbla.state.nv.us/

§    http://www.boe.state.nv.us/

§    http://www.nvcontractorsboard.com/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Interior Designers, and Residential Designers

§    US government employees

§    Licensed professional engineers, or contractors

§    Plans prepared for: private residential use, farm or ranch buildings, or work done in conjunction with someone licensed

§    Any person holding a certificate of registration issued by the State Fire Marshal

§    Anyone who prepares drawings of the layout of materials used in interior design or provides assistance in the selection of materials

An entity may be licensed if: control and two-thirds ownership of the business organization or association is held by persons registered or licensed in this State pursuant to the applicable provisions

 

Revocation of license, or a fine up to $10,000

Landscape Architects

§    Work by the owner of property

§    A licensed architect, contractor, or civil engineer

§    Any person who designs, manufactures or sells irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.

A business entity may practice landscape architecture if: all work is performed under the supervision and direction of a holder of a certificate of registration; the name of the holder appears in the name of the entity; the name of the holder appears on all papers or documents used in the practice of landscape architecture; and

all instruments of service are signed by the holder of the certificate of registration.

Suspension, revocation, or nonrenewal of certificate of registration, or fine of no more than $5,000 per violation

Professional Engineers and Land Surveyors

§     Subordinates acting in such manner to a professional engineer or land surveyor

§    US government employees

§    Any state, county, city or district employee directly responsible to a professional land surveyor.

§    Professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto.

§    The employees of interstate or intrastate public utility companies while they are engaged in work for those companies

§    Registered architect

§    A person, while using a scanner for the purpose of construction management and/or monitoring, if he is certified by the International Conference of Building Officials

A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full-time at least one professional engineer or professional land surveyor, respectively, at each place of business where the work is or will be performed; and all engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full-time at that particular place of business.

Gross misdemeanor; and a civil penalty of not more than $15,000 for each violation

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

General Contractors, Subcontractors, and Specialty Subcontractors

§    Government employees, or an officer of the court

§    Work by a public utility

§    Work by the owner of a property for personal use

§    Work to repair or maintain property the value being less than $1,000, given certain exceptions

§    The sale of finished projects

§    Work financed by the federal gov’t

§    Work on property used for agricultural or farming purposes

An entity may qualify through a responsible managing employee

Suspension, revocation or nonrenewal; imposition of limitations; fines; criminal charges

 

Inability to bring or maintain any action for the collection of compensation for the performance of any act or contract

New Hampshire

 

 

Helpful Resources:

§    NH RSA 310-A:1 et. seq.

§    NH RSA 319-C:1 et. seq.

§    NH RSA 329-A:1 et. seq.

§    http://www.nh.gov/jtboard/arch.htm

§    http://www.nh.gov/jtboard/pe.htm

§    http://www.nh.gov/jtboard/ls.htm

§    http://www.nh.gov/jtboard/lsa.htm

§    http://www.nh.gov/safety/divisions/firesafety/building/electrician/

§    http://www.nh.gov/plumbing/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Nonresident architects in good standing may render services, but is not permitted to practice

§    1-2 family dwellings or farm buildings

§    Nonstructural alterations

§    Employees of federal government on federal projects

§    Buildings which are not principally structured with reinforced concrete or steel and is 4,000 ft2 or less and less than 2.5 stories

An entity may be licensed if: (1) one or more of the principles designated as being responsible for the activities and decisions of the business organization, and is a licensed in this state. (2) All personnel of the business organization who act in its behalf are licensed. (3) The business organization has been issued a certificate of authorization by the board, as provided in this section.

Class B misdemeanor for an unlicensed individual, and a felony for unauthorized business organizations

 

Professional Engineers

§    Employees of the US government

§    An employee under supervision

 

Same regulations apply to professional engineers as above

Class B misdemeanor for an unlicensed individual, and a felony for unauthorized business organizations

Civil penalties not to exceed $2,000 per offense

Land Surveyors

§    Licensed professional engineer

§    Employees of the federal gov’t

§    Forest management practices

§    Mortgage plot plans and mortgage inspection reports, under certain qualifications

An entity must receive a certificate of authorization from the board.

Class B misdemeanor for an unlicensed individual, and a felony for unauthorized business organizations

Landscape Architects

§    Preparation of shop drawing in connection with their work

§    Work with farms, residences, or institutional or commercial use where the stamp of a licensed landscape architect is not required

§    Architects, professional engineers, or land surveyors

§    US gov’t employees

§    Agriculturists, horticulturist, tree experts, arborists, foresters, wetland scientists, certified professionals in erosion control, natural scientists, soil scientists, nurserymen or landscape nurserymen, gardeners, landscape gardeners, landscape designers, irrigation contractors or designers, garden or law caretakers, or grader or cultivators of land

Not expressly provided

 

 

 

 

 

 

 

 

Class B misdemeanor for an unlicensed individual, and a felony for unauthorized business organizations

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Electricians

§    Any person under the jurisdiction of the public utilities commission of NH, FCC, or the ICC

§    Maintenance of utility by a utility company

§    Work by employees of industrial or manufacturing or electrical plants

§    Work in mines, pipe line systems, ships, railway rolling stock or auto equipment, or the operation, installation or repair of portable appliances or equipment

§    Installation in labs for experimental use only

§    Employees of owners or lessees or real property doing incidental electrical work

§    Work in connection with the construction of any public highway

§    Irrigation sprinkler system installations operating at 30 volts or less

The board may issue a license to corporations and partnerships engaged in the business of making electrical installations, provided that one or more officers or employees of any such corporation directly in charge of the business affairs of such corporation, or a member of such partnership directly in charge of its business affairs, is licensed

Misdemeanor

Plumbers

§    Public utilities

§    Property owners

§    Employees whose duties include installation and maintenance of plumbing on the property of that company

§    Installation of any heating, cooling, air conditioning, or domestic water heating systems, and persons engaged in the installation and servicing of water treatment systems or swimming pools

The board may issue appropriate licenses to a corporation, partnership, or limited liability company engaged in the business of plumbing, provided one or more officers of the corporation, one or more members of the partnership, or one or more managing members of the limited liability company, holds a master plumber's license under this chapter.

Misdemeanor

New Jersey

 

Helpful Resources:

§    N.J.S.A. 45:3-1 et. seq.

§    Masen Mountainside Inn, Inc., 372 A.2d 640 (App. Div. 1977)

§    N.J.S.A. 45:8-27 et. seq.

§    http://www.state.nj.us/lps/ca/list1.htm

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Students or employees of licensed architects acting upon their or under their immediate supervision

§    Person acting as designer of a dwelling and all appurtenances thereto that are to be constructed by himself solely as a residence for himself or for a member or members of his immediate family.

§    A builder registered pursuant to “The New Home Warranty and Builders' Registration Act”

§    Professional engineers engaged in certain projects

A corporation may offer to provide architectural services in this State if:  2/3 of the directors are licensed architects; and, 2/3 of the shares of stock are owned by licensed architects.

Civil penalties determined by the board

 

Cannot recover for services rendered

Professional Engineers and Land Surveyors

§    Licensed non-residents, when such practice does not exceed in the aggregate 30 consecutive days in any calendar year

§    Licensed non-residents applying for licensure, but only for a limited period of time

§    An employee under supervision

§    Officers and employees of the US government

§    The practice of engineering or land surveying solely as an officer or employee of a corporation engaged in interstate commerce

No corporation, firm, partnership or association shall practice or offer to practice engineering or land surveying in this State unless the person or persons in responsible charge of engineering or land surveying work shall be so licensed to practice in this State. Certain corporations must receive a certificate of authorization

Civil penalty of not more than $500 or additional hours of continuing professional competency in land surveying, or both, as imposed by the board, for a first offense.

 

Failure to hold a license will preclude the ability to seek payment for services rendered

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Home Improvement Contractors

See N.J.S.A. 56:8-136, et. seq.

See N.J.S.A. 56:8-136, et. seq.

Crime in the fourth degree

New Home Builders

See N.J.S.A Chapter 3B

See N.J.S.A Chapter 3B

Civil penalty not to exceed $2,000

Other than the above, New Jersey does not require specific licensure of contractors; although certain contract trades are controlled  by licensure requirements: electrical (N.J.S.A. 45:5A-1, et. seq.), landscape irrigation (N.J.S.A. 45:5AA-1, et. seq.), and plumbers (N.J.S.A. 45:14C-1, et. seq.)

New Mexico

 

 

Helpful Resources:

§    NMSA § 61-15-1 et. seq.

§    NMSA § 61-23-1 et. seq.

§    http://www.nmbea.org/

§    http://www.state.nm.us/pepsboard/

§    http://www.rld.state.nm.us/landscape/index.html

§    http://www.rld.state.nm.us/CID/index.htm

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Architects who have no established places of business in this state and who are not registered under the Architectural Act may act as consulting associates of an architect registered under the provisions of the Architectural Act, provided the architects are registered as architects in another jurisdiction

§    Architects acting solely as officers or employees of the United States or any interstate railroad system.

§    Employees of licensed architects acting under their supervision

 

The practice of architecture may be offered through the business entity; provided the registered architect in responsible charge of the activities of the business entity involved in such practice is an employee of the business entity with the authority to bind the entity by contract. All plans, designs, drawings, specifications or reports that are involved in the practice and issued by or for the business entity shall bear the seal and signature of a registered architect in responsible charge of the work when issued.

Misdemeanor, punishable pursuant to Section 31-19-1 NMSA 1978

Engineers and Surveyors

§    A licensed architect doing work incidental to the profession

§    An engineer/surveyor employed by an entity for work concerned with the operation of the business

Business entities are not licensed, but individuals may practice through such organizations provided they are in responsible charge of and directly responsible for such work when issued.

Civil penalty up to $5,000 per offense

 

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Any person who merely furnishes supplies

§    Work in petroleum, gas, or water wells with some exceptions

§    Public utility or rural electric cooperative

§    RR, telephone or telegraph; pipeline, mining, gas, or oil company; radio or tv broadcaster; cable tv or community antenna company

§    A person who acts on his own account to build or improve a single-family residence for personal use

§    An individual who works only for wages, or who works on a single undertaking that does not exceed $7,200 a year given certain conditions

§    Installers of fuel containers, appliances, furnaces and other appurtenant apparatus

§    Weatherization project not exceeding $2,000

§    Maintenance work performed on a commercial property given certain conditions

An entity shall be licensed according to the regulations of an individual. An entity must have complied with the laws of the state requiring qualification to do business in New Mexico and provide the name of its current registered agent and the current address of its registered office in New Mexico

Misdemeanor, punishable by a fine between $300 - $500 and/or imprisoned for 90 days where the dollar value of the contracting work is $5,000 or less; where the dollar value of the contracting work exceeds $5,000, punishable by imprisonment for 6 months and/or the payment of a fine of ten percent of the dollar value of the contracting work

 

New York

 

 

Helpful Resources:

§    N.Y. Educ. Law § 7301 et. seq.

§    N.Y. Educ. Law § 7201 et. seq.

§    N.Y. Gen. City Law § 20(27) and N.Y. Town Law § 136(7)

§    New York City Admin. Code § 26-141 et. seq.

§    http://www.op.nysed.gov/proflist.htm

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    A limited permit may be granted to licensed nonresidents

§    The preparation of details and shop drawings by persons, other than architects, for use in connection with the execution of their work;

§    A holder of a valid certificate of the national council of architectural registration boards may interview but not work

§    Engineers and Land Surveyors

§    Employees or interns who act under the general direction of a licensed architect.

§    Contractors or builders in construction contracts.

Engineers, land surveyors, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his profession shall be indicated.

Not expressly provided

Landscape Architects

§    Work done by employees in connection with the execution of their work

§    Supervision by builders of the installation of projects

§    Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape contractor, garden or lawn caretaker or grader or cultivator of land

§    Employees or interns of someone licensed

§    Architects, engineers or land surveyors

Engineers, land surveyors, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his profession shall be indicated.

Not expressly provided

Engineers, and Surveyors

§    Nonresidents offering to practice who is legally qualified in his own state or country; or who has recently moved and has filed an application

§    Work on steam, power, or refrigeration plants by legally authorized persons, or those employed as an engine man, operator or driver of any engine or of any mechanical, electrical, chemical or other device or machine

§    Surveys by professional engineers, except the determination of real property boundaries

§    For more, see: NY Educ § 7208

Upon application a certificate of authorization shall be issued by the department to all individuals, corporations, limited liability companies, limited liability partnerships, partnerships and joint enterprises specified in subdivision one of this section and which are authorized to provide professional engineering or land surveying services and pay the appropriate fee.

Not expressly provided

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Electricians and Plumbers: Licensing requirements are governed by local ordinances and may vary

North Carolina

 

 

Helpful Resources:

§    G.S. § 83A-1 et. seq.

§    G.S. § 89C-1 et. seq.

§    G.S. § 87-1 et. seq.

§    Hawkins v. Holland, 388 S.E.2d 221 (1990)

§    Bryan Builders Supply v. Midyette, 162 S.W.2d 507 (1968)

§    http://www.ncbarch.org/

§    http://www.ncbels.org/

§    http://www.ncbola.org/

§    http://www.nclbgc.net/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Practice of general contracting, or practice by a registered professional engineer that is incidental to engineering projects or utilities

§    Projects involving certain family residences, up to 8 attached units, farms, institutional or commercial buildings of total value not exceeding $90,000 or floor area not exceeding 2,500 ft2

§    Work not altering or affecting structural systems

§    Individual making plans for himself

Any corporation desiring to practice architecture in this State shall file corporate application on forms provided by the Board, accompanied by the required application fee. To be eligible for a corporate certificate, the corporation must meet all requirements of the Professional Corporation Act.

Class 2 misdemeanor, and subject to a civil penalty not to exceed $500.00 per day of such violation.

Engineers and Land Surveyors

§    The practice of architecture, landscape architecture, or contracting or any other legally recognized profession or trade.

§    Nonresident land surveyors or engineers under certain conditions

§    Employee/intern under responsible charge by someone licensed

§    US government employees, or members of the armed forces

§    Fire sprinkler contractors

§    The routine maintenance or servicing of machinery, equipment, facilities or structures, the work of mechanics in the performance of their established functions

A corporation or business firm is subject to the same duties and responsibilities as an individual licensee. All engineering or land surveying work done by the corporation or business firm must be performed by or under the responsible charge of individual registrants.

The Board may levy a civil penalty not in excess of $5,000 for any engineer or not in excess of $2,000 for any land surveyor

Landscape Architects

The Board may issue licenses without examination and licenses by reciprocity or comity to persons holding a license or certificate from any legally constituted board of examiners in another state or country whose registration requirements are deemed to be equal or equivalent to those of this State.

A business entity must be registered with the board and pay a fee. All landscape architecture performed by a firm, partnership, or corporation shall be under the direct supervision of an individual who is registered under this Chapter.

Class 2 misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Construction Managers

§    Design Builders

§    Entities furnishing or erecting industrial equipment, power plant equipment, radial brick chimneys, and monuments.

§    Entities who constructs or alters a building on land owned by that person, firm or corporation provided such building is intended solely for occupancy by them

§    Persons engaged in the business of farming who constructs or alters a building on land owned by that person and used in the business of farming, when such building is intended for use by that person after completion.

The contracting party itself must hold the license. It is not sufficient for an officer, shareholder, or partner to individually hold the license.

Class 2 misdemeanor

 

An unlicensed contractor may not recover upon his contract. Further, the owner is not entitled to a refund of monies paid to the contract

North Dakota

 

 

Helpful Resources:

§    North Dakota Century Code §§ 43-03-01 et. seq.; 43-07-01 et. seq.; 43-09-01 et. seq.; 43-18-01 et. seq.; 43-19.1-01 et. seq.; 43-35-01 et. seq.; 43-36-01 et. seq.; 43-18.2-01 et. seq.; 23-25-03.1

§    http://www.ndsba.net/

§    http://www.ndpelsboard.org/

§    http://www.nd.gov/sos/licensing/

§    http://www.ndseb.com/

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects and Landscape Architects

§    A person working on: a private residence; a building that under applicable building code and is not designed for occupancy by ten or more individuals, does not exceed two stories in height exclusive of a one-story basement, and is: a garage; a commercial or industrial building; an office building; a pre-engineered metal building; a building for the marketing, storage, or processing of farm products; a warehouse; or rental apartment units; farm building; or a nonstructural alteration of any nature to any building if the alteration does not affect the safety of the occupants of the building.

§    A nursery worker, gardener, landscape designer, or landscape contractor in the course of preparing planting plans or installing plant material

§    An architect, a professional engineer, or a land surveyor

§    An irrigation designer, contractor, or service provider

§    US government employees

Except as a co-partnership of architects, a person may not engage in the practice of architecture or landscape architecture as a corporation

Class B misdemeanor

Engineers and Land Surveyors

§    Examination is not required for those registered in another state or by the National Bureau of Engineering Registration

§    Temporary permits may be issued to non-residents, if from a state which grants reciprocity

§    Those performing any other legally recognized profession or trade

§    Any person regularly employed to perform engineering services solely for that person's employer

An entity may offer such services provided all of the partners of such partnership, each officer and shareholder in the case of a professional corporation, or each manager and member in the case of a professional limited liability company are duly registered under or exempt from the provisions of this chapter, and must receive a certificate of authorization by the board

Class B misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Government employees

§    Any person who furnishes any fabricated or finished product, material, or article of merchandise which is not incorporated into or attached to real property by such person so as to become affixed thereto.

A corporation or business firm is subject to the same duties and responsibilities as an individual licensee.

Class A misdemeanor and civil penalties

Electricians

§    Licenses may be granted if reciprocity is available in that state

§    Employees of public utilities, telephone and radio communication systems

§    Employees of dealers in household appliances

§    A representative of a manufacturing firm that is installing or modifying controls of wiring solely on industrial machinery that is for use by the firm itself, and performed by or under the direction of a registered professional engineer

Every person, partnership, company, corporation, limited liability company, or association that undertakes or offers to undertake with another to plan, lay out, supervise, install, make additions, make alterations, or make repairs, in the installation of wiring, apparatus, or equipment for electric light, heat, or power, shall apply to the board for a license.

Class B misdemeanor

Plumbers

§    Work done on personal residence

§    Full-time maintenance employees

§    Employees of household appliance dealers incidental to their work

§    Licenses may be granted if reciprocity is available in that state

At all times a registered and licensed master plumber, who is responsible for the proper installation thereof, is in charge of such work.

Class B misdemeanor

Ohio

 

 

Helpful Resources:

§    O.R.C § 4703.01 et. seq.

§    O.R.C. § 4733.01 et. seq.

§    O.R.C. § 4740.01 et. seq.

§    O.R.C. §§ 3781 and 3791

§    Ohio Basic Building Code

§    Ohio Adm. Code 4101:2-1-03

§    Middleburg Hts. V. Ohio Bd. Of Bldg. Standards, 605 N.E.2d 66 (1992)

§    http://business.ohio.gov/licensing/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Work done for 1-4 family housing

§    Installation of replacement equipment or systems that are similar

§    Improvement, alteration, repair, or other modification where the building official for the municipality determines that no plans are required for approval

§    Structures subject to standards for energy conservation

More than 50% of the partners, members, or shareholders and more than 50% of the directors, in the case of a corporation, are professional engineers, surveyors, architects or landscape architects, or a combination of those professions, who are registered in Ohio and who own more than 50% of the interest in the business, or qualify as a professional association

Misdemeanor of the third degree for a first offense;

subsequent offenses are a misdemeanor in the first degree

Landscape Architects

§    Engineers

§    Architects

Fine between $50 - $200 fine for the first offense, and subsequent offenses between $200 - $500

Engineers and Surveyors

§    Registered architect whose work is incidental to his profession

§    An engineer engaged solely as an officer of a privately owned public utility.

§    US government employees

Fine between $100 - $500 and/or imprisonment for not more than 90 days

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

HVACR, Electrical, Plumbing, and Hydronics contractors

Reciprocity may be available to waive examination

An individual may request that his rights in a qualification certificate be assigned to a business entity with whom he is associated as a full-time officer, partner, or employee

Minor misdemeanor on the first violation and a misdemeanor of the fourth degree on subsequent violations.

County, municipal or township building departments may adopt additional regulations, including the licensing and regulation of general contractors

Oklahoma

 

 

Helpful Resources:

§    Okla Stat. tit. 59 §§ 46.1 et. seq.

§    Okla. Stat. tit. 59 § 475.1 et. seq.

§    Okla. Stat. tit. 59 § 1850.1 et. seq.

§    Okla. Stat. tit. 59 § 1001 et. seq.

§    Okla. Stat. tit. 59 § 1680 et. seq.

§    Okla. Stat. tit. 59 § 1624 et. seq.

§    Okla. Stat. tit. 68 § 1701 et. seq.

§    http://www.ok.gov/Architects/

§    http://www.pels.state.ok.us/

§    http://www.cib.state.ok.us/

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects and Interior Designers

§    Professional civil engineer

§    Landscape contractor

§    An agriculturist, horticulturist, forester, nursery operator, gardener, landscape gardener, garden or lawn caretaker and grader or cultivator of land involved in the selection, placement, planting and maintenance of plant material

§    Regional or urban planners

§    Landscape designer whose business is limited to single-family residential homes

§    Holders of a certification issued by the National Council of Architectural Registration Boards, provided certain conditions have been met

§    Building no more than 2 stories and:

§     with occupancy of < than 50

§     with no more than 64 transient lodging units per building

§     with gross square footage not exceeding 100,000

§     is a utility, factory, storage facility, residence, high-hazard area, incidental building or appurtenance, uninhabitable agricultural building, or is used by the government or other public agency, if the construction value is < $158,000

The practice of architecture or landscape architecture through an entity is permitted, provided: one or more of the principle agents is designated as being responsible for the entity's activities and decisions; said principal is duly licensed under the State Architectural and Registered Interior Designers Act; all personnel of the entity which act on its behalf for these professions in the state are licensed under the State Architectural and Registered Interior Designers Act; and the entity has been issued a certificate of authority by the Board.

 

Misdemeanor punishable by a fine, not to exceed $1,000, imprisonment in county jail not to exceed 1 year, or both

Civil penalty of not more than $100 for each day that said violation continues plus the legal costs incurred by the Board to prosecute the case. The maximum civil penalty shall not exceed $10,000.00 for any related series of violations

Engineers and Land Surveyors

§    Other legally recognized professions

§    Temporary permit holder for engineering provided certain conditions are met

§    Employees or subordinate working under the supervision of a licensed engineer or surveyor

One or more of the corporate officers must be designated as the responsible party with respect to engineering or surveying activities, is qualified, and the firm has been issued a certificate of authorization by the Board

Misdemeanor, punishable by a fine between $250 - $2,000

Civil penalties between $250 - $10,000

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Mechanical contractors

§    The property owner of record performing minor repairs

§    Installation of portable, self-contained, ductless air conditions or heaters; the setting or connecting of detached air conditioning units which utilize flexible ductwork on a manufactured home

§    Permanent employees of a manufacturing facility

§    Work on boilers, pressure vessels and welded steam lines

§    Employees of state-owned institution doing maintenance work

§    Public utilities, employees of chemical plants, gas processing plants, and petroleum refineries, or employees of research facilities doing their own work

A contractor must be associated and responsible for all mechanical work of the entity

Misdemeanor, punishable by a fine between $200 - $1,000, or both fine and imprisonment with the costs of prosecution

Plumbers

§    Minor repairs that are not connected to public water/sewer systems

§    The installation of certain sprinkler systems

§    Maintenance work for state institutions and school districts, sprinkler systems, and backflow preventers

§    Work done on personal residence

At least one qualified and licensed person must be a bona fide partner or officer

Misdemeanor, punishable by a fine between $200 - $1,000 and the costs of prosecution

Electricians

§    Minor repairs

§    Maintenance work for government institutions, telephone equipment, computer systems, information systems, or public utilities regulated by the Corporation Commission

§    Employee doing electrical work for on the property of the firm

§    Work done on personal property

Not expressly provided

Misdemeanor, punishable by a fine between $200 - $1,000 and the costs of prosecution

Civil penalties between $500 - $1,000

Welding Inspectors

§    Any inspector who has been certified by the American Welding Society

§    Some weld-test facilities and structural steel welders

Not expressly provided

Misdemeanor punishable by a fine of $500

Construction and Building Contractors: There is no state licensing requirements, but nonresident contractors and subcontractors must report certain information to state and local tax agencies. There are some exceptions.

Oregon

 

 

Helpful Resources:

§    ORS § 671.010 et. seq.

§    ORS § 672.002 et. seq.

§    http://licenseinfo.oregon.gov/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Employees of registered architects and registered professional engineers acting under supervision of their employers.

§    A person making plans for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is: a single family residential or farm building, or auxiliary buildings; the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

§    A person planning, designing, specifying or supervising the alterations or repairs to a building if: the structural part of the building is not involved; the building code classification by use or occupancy, or by type of construction, of the building is not changed

§    A contractor duly appointed under the supervision of a registered architect or registered professional engineer.

§    A licensed construction contractor offering services constituting the practice of architecture given certain conditions

An entity may offer architecture under a corporate business name only if (1) two-thirds of the board of directors are licensed as architects or as engineers in a jurisdiction recognized by the Oregon Board of Architect Examiners or the Board of Examiners for Engineering and Land Surveying, (2) at least one-third of the board of directors are licensed architects in a jurisdiction recognized by the Board of Architect Examiners, and (3) “all persons in charge of architecture” in Oregon for the corporation are members of the board of directors, regularly employed in the corporation’s office that supervises the practice of architecture in Oregon, and registered as architects

Civil penalties ranging from $1,000 - $5,000 per violation

 

Unlicensed architects may not maintain a proceeding relating to services rendered

Landscape Architects

§    Registered architects and engineers

§    Nurserymen, landscape construction professionals, landscape designers

§    Work done by property owners

§    Government office performing landscaping work on public property

§    General contractor, when the total value is less than $2,500

§    Installation of fences, decks, arbors, etc. by a licensed construction contractor

A business may not provide landscape architecture services unless the work is under the full authority and responsible charge of a registered landscape architect who is also an owner or officer of the business. A business shall file a form with the State Landscape Architect Board identifying responsible landscape architects by name and registration number.

Misdemeanor, punishable by a fine between $250 –$5,000, a term of imprisonment of not more than 6 months, or both.

Civil penalties not to exceed $5,000

Engineers and Surveyors

§    A registered architect, environmental health specialist, land surveyor

§    Engineering work performed by a full-time employee, provided certain conditions

§    Work done under supervision of a registered professional engineer

§    A person who does not purport to be an engineer or registered professional engineer

§    Landowner performing work on his own property given the same conditions of architects regarding use, ground area, and height

§    Those licensed in another state, given they write a letter stating they will comply with Oregon law

§    Construction contractor, given certain conditions

§    For more: see ORS § 672.060

An entity must employ a full-time registered engineer and have the registered engineer perform the work

Class A misdemeanor

Civil penalties not more than $1,000 per offense

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors: commercial, general, residential, and specialty

§    Suppliers, owners, architects and engineers

§    Casual, minor, or incidental work

§    A person working on personal property, reservation land, or under the jurisdiction of the federal government

§    A person who furnishes materials

§    A person working on property as the owner’s employee

§    A licensed: architect, water well contractor, sewage disposal system installer, landscape contracting business, pesticide operator, appraiser, or a registered professional engineer

§    Employees of contractors

§    Manufacturer of manufactured homes

§    Government employees

A business entity must be properly licensed. The information required for the application differs according to the entity. See ORS 701.046

Criminal sanctions; civil penalties up to $5,000 per violation

 

A contractor may not seek compensation for the performance of any work for breach of contract unless registered. However, there is discretion not to enforce the statutory bar

Asbestos abatement contractors (ORS 468A.710(1); OAR 340-248-0005, et. seq.), boiler and pressure vessel businesses (ORS 480.630(1); OAR 918-225-0220, et. seq.), manufactured dwelling electrical repair and maintenance electricians (ORS 446.210; OAR 918-282-0100, et. seq.), sewage disposal system contractors (ORS 454.605, 454.655, 701.348; OAR 340-071-0600), underground storage tank contractors (ORS 466.750; OAR 340-160-0005, et. seq.), well drilling contractors (ORS 537.747; OAR 690-205-0005, et. seq.), construction crane operators (ORS 437-003-0081), electrical contractors and electricians (ORS 537.747; OAR 918-282-0000, et. seq.) and plumbers and plumbing businesses (ORS 693.103; OAR 918-695-0000, et. seq.)

Pennsylvania

 

 

Helpful Resources:

§    63 Pa.C.S.A. § 34.1 et. Seq.

§    63 Pa.C.S.A. § 148 et. seq.

§    Rosen v. Bureau of Prof’l and Occupational Affairs, 763 A.2d 965 (Pa. Commw. Ct. 2000)

§    53 Pa.C.S.A. § 4591 et. seq.

§    http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=432449

§    http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=432715

§    http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=432771

§    http://www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=432771

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

Reciprocal licensing may be available

§    Registered engineers

§    Persons acting under the supervision of a licensed architect

§    Construction management services performed by persons customarily engaged in such work

§    Preparation of 1-2 family dwellings not more than 3 stories, accessory structures, or farm buildings

§    Preparation for work not involving structural or egress changes

§    US government employees

§    Regular employees of any RR, telephone or telegraph company

§    Design-build services, provided certain conditions

Business entities must be licensed; however, the requirements differ slightly according to the entity. Primarily, at least two-thirds of the primaries must be licensed under the laws of any state to practice architecture, engineering or landscape architecture; and at least one-third of the primaries are licensed under the laws of any state to practice architecture.

Summary offense, punishable by a fine not exceeding $500 and/or imprisonment not exceeding 90 days. A second or subsequent offense is a misdemeanor, punishable by a fine between $2,000 –$5,000, and/or to imprisonment between 1-2 years

Civil penalties up to $1,000, and return any fees collected in connection with the practice or offering to practice architecture.

Engineers and Land Surveyors

§    Employee acting under the supervision of someone licensed

§    Nonresident who is licensed in another and does not work more than 30 days in the aggregate calendar year

§    US government employees

§    regular employees of a public utility company provided, they employ at least one professional engineer and land surveyor who are responsible for the work

§    Licensed architects whose work is incidental to their professions

§    Practice by any employee of a business entity unless such practice affects the public safety or health or the property of some other person or entity.

§    Work by a manufacturing, mining, communications common carrier, research and development or other industrial corporation

§    Running of lines or grades and layout work on or within established property limits by a contractor in conjunction with construction work

§    The writing of deed descriptions.

§    The preparation of shop drawings or the performance of construction management services by persons customarily engaged in construction work.

§    The practice of individuals providing geologic services to businesses engaged in the exploration or development of gas or oil.

The directing heads and employees of such firm or corporation in responsible charge of its activities in the practice of such profession are licensed and registered in conformity with the requirements of this act, and whose name, seal and signature, along with the date of signature, shall be stamped on all plans, specifications, plats and reports issued by such firm or corporation.

Summary offense, punishable by a fine not exceeding $1,000, and/or imprisonment, not exceeding 3 months; and a second or subsequent offense is a felony, punishable by a fine of not less than $2,000 - $5,000 and/or imprisonment between 1-2 years

Civil penalty up to $1,000

Landscape Architects

§    Employees who work under the supervision of a licensed landscape architect who takes responsibility

§    Nonresidents who are licensed and do not practice for more than 30 days aggregate in a calendar year

§    Registered architects, engineers or land surveyors as is incidental to their services

§    US government employees

§    Community and regional planners;

§    Agriculturists, horticulturists, foresters, garden or land caretakers, home builders and graders, or cultivators of land, nurseryman, landscape nurseryman, gardener or landscape gardener, general or landscape contractor as that practice pertains to planting design and its incidental items.

Not expressly provided

Summary offense and upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred dollars ($300) or undergo imprisonment not exceeding ninety days, or both.

 

Civil penalties up to $1,000

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction-associated trades: plumbing, asbestos abatements, water well drilling, electricians

See ABA Guide, pgs. 874, 888 – 890

and statutes cited there

 

 

See ABA Guide, pgs. 874, 888 – 890 and statutes cited there

 

See ABA Guide, pgs. 874, 888 – 890 and statutes cited there

 

Puerto Rico

 

 

Helpful Resources:

§    20 LPRA § 711, et. seq.

§    17 LPRA § 501, et. seq.

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Engineers, Surveyors, and Interior Designers

§    Reciprocity may be available for architects, engineers, and interior designers

Unlicensed corporations may not engage in architecture or engineering, however, licensee may practice through a corporation

Criminal penalties

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Developers of large dwelling projects

See ABA Guide, pgs. 897 – 898 and statutes cited there

See ABA Guide, pgs. 897 – 898 and statutes cited there

Misdemeanor, punishable by a fine between $100 - $1,000 and/or imprisonment for not more than 6 days.

Plumbers, Electricians, Refrigeration and Air Conditioning technicians

See ABA Guide, pg. 898 and statutes cited there

See ABA Guide, pg. 898 and statutes cited there

See ABA Guide, pg. 898 and statutes cited there

Contractors are not generally required to be licensed, except as provided above

Rhode Island

 

 

Helpful Resources:

§    R.I. Gen. Laws. § 5-1-1 et. seq.

§    R.I. Gen. Laws. § 5-8-3 et. seq.

§    R.I. Gen. Laws § 5-8.1-1 et. seq.

§    R.I. Gen. Laws § 5-51-1 et. seq.

§    R.I. Gen. Laws § 5-65-1 et. seq.

§    http://www.bdp.state.ri.us/arch/

§    http://www.bdp.state.ri.us/peng/

§    http://www.bdp.state.ri.us/pls/

§    http://www.bdp.state.ri.us/larch/

§    http://www.crb.ri.gov/default.php

§    http://www.dlt.ri.gov/profregs/

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    1-2 family houses and any minor accessory building

§    An employee of a lawfully practicing registered architect

§    Registered professional engineer doing work incidental to his practice

§    Construction or alteration of farm buildings not for human habitation

3 requirements must be satisfied: 2/3 of the partners/directors/managers must be registered under the laws of any state; 1/3 must be registered under the laws of any state for architecture; and the person having the practice in his charge must himself be a partner/director/manager

Misdemeanor, punishable by a fine of not more than $1,000 on the first offense, between $1,000 - $2,000 for any subsequent, and/or imprisonment for not more than 1 year

Engineers

§    Non-residents applying for temporary certificates, and recent arrivals

§    Employees and subordinates,

§    Federal employees

§    Partnership or corporate practice

§    Railroad, telephone, telegraph, and other public utility companies

§    Manufacturing, Research and development corporations

§    Architects, landscape architects, and land surveyors

Individuals may practice through an entity provided, that the individuals: (1) are in direct control of the practice; (2) exercise personal supervision of all personnel who act in behalf of the firm in professional and technical matters; and (3) are registered under the provisions of this chapter; and provided, that the firm has been issued a certificate of authorization by the board of engineers.

Misdemeanor, punishable by a fine of not more than $1,000 on the first offense, between $1,000 - $2,000 for any subsequent, and/or imprisonment for not more than 1 year

Land Surveyors

§    Employees and subordinates to a person holding a certificate of registration

§    Federal employees

§    Engineers, architects, or landscape architects

Same conditions apply as above, but relating to the practice of land surveyors

Misdemeanor, punishable by a fine of not more than $4,000 on the first offense, between $4,000 - $10,000 for any subsequent, and/or imprisonment for not more than 1 year

Landscape Architecture

§    Employees of the US government, the state, city, town, or regional planners

§    Architects, professional engineers, land surveyors, landscape gardeners, or nursery workers

Same conditions apply as above, but relating to the practice of landscape architects

Civil penalty of $1,000 for the first offense, and $2,000 for each subsequent offense

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    A person working on his own personal property

§    Work done on any site under the jurisdiction of the federal gov’t

§    A person working on one structure costing less than $500 and the work is casual or minor

§    Employees of a contractor

§    Manufacturer of a mobile home constructed under standards established by the federal gov’t

In the case of registration by an entity, an individual shall be designated to be responsible. The corporation or partnership and its designee shall be jointly and severally liable for the payment of the registration fee, as requested in this chapter, and for violations of any provisions of this chapter.

Misdemeanor, punishable by imprisonment not exceeding 1 year, or fined not more than $5,000 for a first offense, and not more than $10,000 for a subsequent offense

§    Asbestos contractors

§    Hoisting engineers

§    Electricians

§    Plumbers

§    Pipefitters...

§    Well drilling...

§    R.I. gen. Laws § 23-24.5-12

§    R.I. gen. Laws § 28-26-1

§    R.I. gen. Laws § 5-6-1

§    R.I. gen. Laws §5-20-1

§    R.I. gen. Laws § 28-27-1

§    R.I. gen. Laws § 46-13.2-4

See ABA Guide, pg. 913 and cited statutes there

See ABA Guide, pg. 913 and cited statutes there

South Carolina

 

 

Helpful Resources:

§    S.C. Code Ann. § 40-3-10 et. seq.

§    S.C. Code Ann. § 40-28-10 et. seq.

§    S.C. Code Ann. § 40-22-10 et. seq.

§    S.C. Code Ann. § 40-11-5 et. seq.

§    http://www.llr.state.sc.us/pol.asp

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Buildings used for farm purposes

§    Buildings less than 3 stories and containing less than 5,000 ft2 of the total floor area, with certain exceptions

§    Detached 1-2 family dwellings

§    Alterations which do not increase the areas and capacities or affect the structural safety

§    Architectural work incidental to the practice of engineering

All firms must employ 1 or more architects registered in South Carolina who must be charged with the authority and responsibility for the architectural practice. All personnel acting as architects must register and maintain a current registration.

Misdemeanor, punishable by imprisonment for not more than 1 year, or fined not more than $50,000

Civil fines not to exceed $2,000 for each violation, but not to exceed a total of $10,000

Landscape Architects

§    A person acting under the supervision of a lawfully practicing landscape architect

§    Registered professional architect, engineer, or surveyor practicing incidental to their professions

§    Employees of the US or SC government

§    Nurseryman, general or landscape contractor

An entity meet the following provisions: one or more of the principles are designated as being responsible for the professional services; and all personnel who act in its behalf as landscape architects are licensed under this chapter; and the entity has been issued a certificate of authorization by the department.

Misdemeanor, punishable by a fine between $50 - $500 and/or imprisonment not exceeding 6 months

Engineers and Land Surveyors

§    Employees or subordinates of someone registered

§    US government employee

§    Regular employees of a public utility, telephone utility, or an electrical utility

§    Employee of an electric cooperative

§    Work by a regular employee of a state authority which is licensed by the Federal Energy Regulatory Commission

§    General contractor, specialty contractor, or material supplier

§    Detached 1-2 family dwellings

§    Alterations which do not increase the areas and capacities or affect the structural safety

§    Architectural work incidental to the practice of engineering

1+ of the principal agents must be designated as being responsible for the professional services and licensed in SC; all acting personnel must be licensed as engineers or surveyors; and the firm must be issued a certificate of authorization

Misdemeanor, punishable by imprisonment for not more than 6 months and/or a fine between $500 - $2,000

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

General and Mechanical Contractors

§    Cost of the contract does not exceed $5,000

§    Work done to a property used solely by the owner for a period of at least 2 years

§    On nonresidential projects, work that is nonstructural and nonmechanical

§    Farm building or portable storage building less than 5,000 ft2

§    Licensed residential home builders, fire sprinkler installers, or burglar and fire alarm installers

§    Installation of finished products that do not become permanent

§    Work on federal property

Entities may be registered provided that they follow the statutory rules

Misdemeanor, punishable by imprisonment for not more than 1 year or a fine not exceeding $5,000

Plumbers

Cities > 15,000:

All such cities or towns in this State shall provide by ordinance rules and regulations for the construction of all plumbing and sewerage placed in or on any building or the premises thereof in any such city or town, and no work of this character shall be done unless a permit is issued therefor, except that leaks may be repaired without securing such a permit.

Counties > 150,000:

Local regulations supersede county rules and regulations

Not expressly provided

Cities > 15,000:

Misdemeanor, punishable by a fine between $5 - $100 per offense

 

Counties > 150,000:

Misdemeanor, punishable by a fine of not more than $100 and/or imprisonment of not more than 30 days

Residential Home Builders

§    Mechanical contractors

§    Residential property owners who improve the property, if: he does the work himself, with his employees, or with a licensed contractor; the structure(s) are intended for the owner’s sole occupancy; and the general public does not have access to the structure. The owner must also personally sign the building permit application and provide a disclosure statement

An entity may practice, provided: one or more of the principles are designated as the resident licensee in responsible charge of each principal or branch office for the building services regulated by the commission and are licensed under the provisions of this chapter; the firm has obtained an executed surety bond approved by the commission in the sum of fifteen thousand dollars initially and as subsequently provided by regulation; and the firm has been issued a residential business certificate of authorization by the commission

Misdemeanor, punishable by a fine not more than $1,000 and/or imprisonment for not more than 2 years

 

A person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract

South Dakota

 

 

Helpful Resources:

§    SDCL Ch. 36-18A

§    SDCL Ch. 34-44

§    SDCL Ch. 36-16

§    SDCL Ch. 36-25

§    http://www.state.sd.us/dol/boards/engineer/

§    http://www.state.sd.us/denr/denr.html

§    http://www.state.sd.us/dcr/electrical/

§    http://www.state.sd.us/dcr/plumbing/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Engineers, Architects, Land Surveyors, and Landscape Architects

§    Military engineering by the US Armed Forces or South Dakota

§    Employees of the government, or projects which lie within federally-owned land

§    Those under supervision of someone licensed, or working for his employer

§    1-4 family dwellings; 5-16 family dwellings located in a governmental subdivision; farm or ranch buildings; any temporary buildings

§    New construction on certain buildings

§    Full time employee of an entity doing work exclusively for his employer

An entity must first register with the State Commission of Engineering Architectural and Land Surveying examiners.  See SDCL Ch. 47-1A, 48-7, and 48-7(A)

Class 1 misdemeanor punishable by 1 year imprisonment, a fine of $2,000, or both; or a Class 2 , which includes 30 days imprisonment, a fine of $500, or both

 

The contract is unenforceable

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Asbestos Contractors

§    Persons who carry out action, as defined in the Asbestos Hazard Emergency Response Act of 1986 sections 203(f) and 204(c) are not required to be certified.

Not expressly provided

Class 1 misdemeanor

Civil penalties not to exceed $1,000 per violation

Electrical Contractors

§    Persons installing electrical in their own homes

§    Utilities engaged in electrical energy

§    Employees of telephone, telegraph, radio and TV communication

§    Work in mines, ships railways, rolling stock or automotive equipment, and in packing plants

§    Replacement and connection of portable electrical devices to suitable receptacles

§    Radio and appliance service repair

§    Maintenance on oil burners and space heaters

§    Architects, designers, and engineers

§    Electrical utilities involved with utility street lighting, traffic signal devices or electric utility-owned security lights

Alarm and communications companies or services

Licensure is required

Class 2 misdemeanor

Plumbing Contractors

§    Plumbing or repair work on premises owned and actually occupied by the person as the person's residence;

§    Plumbing repair work on premises where the person is employed and performing the plumbing repair work;

Not expressly provided

Class 2 misdemeanor

Tennessee

 

 

Helpful Resources:

§    Tenn. Code Ann. § 62-2-101 et. seq.

§    Tenn. Code Ann. § 62-6-101 et. seq.

§    http://tennessee.gov/commerce/boards/contractors

§    Tenn. Code Ann. § 62-56-501 et. seq.

§    Tenn. Code Ann. § 62-18-101 et. seq.

§    http://tenessee.gov/commerce/boards/surveyors

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Engineers, and Landscape Architects

§    Buildings less than 3 stories in height and 5,000 ft2

§    Certain residential structures, and farm buildings

§    Non-resident consulting professionals, if they render professional services to their employer only

§    Employees doing such work solely for his employer

§    Employees of a municipal electric system or electric and community service cooperative, or telephone cooperative

§    Individuals working under the supervision of someone licensed

An entity may practice, provided: at least 1 of the principals or officers of such entity is in responsible charge of such practice and is registered as herein required of architects, engineers and landscape architects, or is otherwise by this chapter authorized to practice. The entity must file with the board a list of names and addresses of the principles in responsible charge of such practices.

Class B misdemeanor

Land Surveyors

 

§    Grundy and Coffee Counties, see Tenn. Code Ann. § 62-18-109(b)(2) and ABA Guide at pg. 982

Any registered land surveyor may practice the profession through a business entity; provided: that all such surveys are signed and stamped with the signature and seal of the registered land surveyor in responsible charge, who is personally and professionally responsible.

Class C misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

 

§    Subcontractors – unless electrical, mechanical, or plumbing

§    Licensed engineers

§    Sequatchie County

§    Any person, firm or church that owns property and constructs thereon single residences, farm buildings or other buildings for individual use, and not for resale, lease, rent or other similar purpose, with certain exceptions

§    Single residences constructed by certain entities (nonprofits, students, churches, etc.)

Corporations and partnerships may engage in the business of contracting; provided, that at least one (1) of the major stockholders or partners or full-time employee with a written power of attorney to bind the corporation or partnership has sufficient knowledge of the construction business in which such persons are licensed to perform. If the person who took the examination for the partnership or corporation leaves the firm for any reason, the partnership or corporation must designate an individual to take the examination within three (3) months.

Class A misdemeanor

 

The contract is void against public policy

Home Improvement Contractors

§    A plumber, electrician, architect or any other person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in a craft or profession, and who is acting exclusively within the scope of their profession

§    Any retail clerk, clerical employee, salesperson or other employee of a licensed home improvement contractor;

§    Any licensed residential or commercial contractor

§    Interior designer.

§    A homeowner doing improvements on their property

Not expressly provided

Class A misdemeanor

Civil penalties up to $500, or $25,000 if violating certain consumer protection provisions

 

Texas

 

 

Helpful Resources:

§    Tex. Occ. Code Ann. § 1051.101 et. seq.

§    Tex. Occ. Code Ann. § 1001. 001 et. seq.

§    Tex. Occ. Code Ann. § 1071.001, et. seq. 

§    http://www.tbae.state.tx.us/

§    http://www.tbpe.state.tx.us/

§    http://www.txls.state.tx.us/

§    http://www.trcc.state.tx.us/

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Activities of licensed engineers, their employees, and the employees of licensed architects

§    Employees of certain utilities

§    Activities of certain persons not represented to be architects with certain provisions

The board by rule may require an entity that engages in the practice of architecture, landscape architecture, or interior design to register with the board under this subtitle.

Misdemeanor punishable by a fine between $250 - $1,000

Administrative penalty not to exceed $5,000

Landscape Architecture and Interior Design

 

 

§    Persons who do not use the title “landscape architect”

§    Licensed nonresident who either serves as a consultant to, or employs a TX licensee

§    Those licensed by the Department of Agriculture as to selling nursery stock

§    Building designer, landscape contractor, landscape designer, or golf course designer

§    Work for a single-family residence, or multifamily residential project not an assisted living facility, farm, wildlife management, habitat restoration, or agricultural projects

§    Licensed architect, engineer, or land surveyor

The board by rule may require an entity that engages in the practice of architecture, landscape architecture, or interior design to register with the board under this subtitle.

Administrative penalty not to exceed $5,000

Engineers

§    Employees of someone licensed

§    Work done on designated equipment or machines

§    Certain public works projects

§    US government employees

§    Construction or repair of and plans for certain buildings

§    Employees of private business entity

§    Employees of certain utilities

§    Qualified scientists

§    Soil and water conservation

§    Telephone companies

§    Architects, landscape architects, interior designers, state land surveyors

§    Employees of institutions of higher education

§    Certain NASA-related activities

Not expressly provided

Class A misdemeanor

Land Surveyors

None listed

An entity may not offer professional surveying services unless the entity is registered with the board and a registered professional land surveyor is employed full-time where the services are offered.

Civil penalty not exceeding $1,500 per violation

Class B misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

§    Residential builders,

§    Fire-related systems,

§    Boiler work,

§    Plumbers,

§    Electricians,

§    HVAC contractors,

§    Mold Remediation contractors,

§    Asbestos Abatement,

§    Underground storage tank contractors,

§    Elevators and lifts

§    Tex. Prop. Code Ann. § 416.001

§    Tex. Ins. Code Ann. Art. 5.43-2

§    Tex. Water Code Ann. § 37.003

§    Tex. Occ. Code Ann. § 1301.351

§    Tex. Occ. Code Ann. § 1305.151

§    Tex. Occ. Code Ann. § 1302.251

§    Tex. Occ. Code Ann. §1958.101

 

§    Tex. Occ. Code Ann. § 1954.101

§    Tex. Water Code Ann. § 37.003

 

§    Tex. Health & Safety Code Ann. § 754.0171

Foreign corporations doing business in Texas are required to obtain a Certificate of Authority from the Secretary of State in accordance with Tex. Bus. Corp. Act. Ann., art. 8.01 et. seq.

See ABA Guide, pg. 997 and statutes cited there

Utah

 

 

Helpful Resources:

§    U.C.A. title 58, chapters 3a, 22, 76, 53, 55

§    http://www.dopl.utah.gov

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architecture

(similarly licensed are: Engineers, Land Surveyors, Geologists, and Landscape Architects)

§    1-4 family residences not exceeding 2 stories

§    Work to an existing building affecting an area not exceeding 3,000 ft2, not affecting structural elements

§    Employees and subordinates to a licensed architect

§    Licensed professional engineer

§    Licensed nonresident, under certain conditions

§    See also: § 58-1-307

Business entities are not licensed, but instead they are required to employ a “principal” who is a licensed architect.

$1,000 for a first violation, $2,000 for a second, and $2,000 for each day of a third or any subsequent violation

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Construction Trades: general building, engineering, residential and small commercial, electrical, plumbing, and specialty contractors

§    See Section 58-55-305, which includes: government employees, public utilities, homeowner, and construction relating to metal and coal mining and well drilling

§    See also: § 58-1-307

Business entities must be licensed

$1,000 for a first violation, $2,000 for a second, and $2,000 for each day of a third or any subsequent violation

Vermont

 

 

Helpful Resources:

§    26 VSA § 121 et. seq.

§    26 VSA § 1161

§    26 VSA 2501 et. seq.

§    10 VSA 1975

§    http://www.anr.state.vt.us/dec/ww/Rules/OS/2007/FinalWSPWSRuleEffective20070929.pdf

§    26 VSA 901 et. seq.

§    26 VSA 2171 et. seq.

§    http://vtprofessionals.org/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    Licensed engineers or employees under the supervision of their employer

§    Preparation of shop drawings

§    Detached 1-4 family dwellings, incidental buildings, farm buildings

§    Pre-engineered buildings – if their plans were appropriately stamped

An entity may furnish architectural services, if a licensed architect is on the staff, and is in “responsible charge” of the services and signs and seals of the plan

Civil fines up to $1,000 and criminal sanctions including a fine up to $5,000 and/or imprisonment for up to 1 year

Engineers

§    Dwellings up to 3 units

§    Public works built by a municipality, and buildings not “public”

§    Design of certain small-scale water supply and wastewater disposal system by licensed designers

§    Government employees

§    Employees/student of licensed professional engineers

§    An employee of a corporation in interstate communications

§    Temporary practice by those licensed in another jurisdiction, or otherwise recognized

A corporation created after July 1, 1984, or a limited liability company, completely or in part for the practice of engineering shall incorporate as a professional corporation, or organize as a professional limited liability company.

Same as above

Land Surveyors

§    Placement of temporary markers, the preparation of tax assessment and valuation maps, and the performance of duties incidental to other professions

§    Government employees, and those under supervision of someone licensed

An entity may furnish land surveyor services provided a member or employee is licensed and is in responsible charge of such surveys, and provided all land surveys are signed and stamped with the personal seal of the licensed land surveyor in responsible charge.

Same as above

Water/Sewer Systems Designers

§    Licensed engineer, provided certain conditions

Not expressly provided

Disciplinary action

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Electricians

§    The construction, installation, operation, repair or maintenance of electrical installations which are used by public utility in rendering its authorized service;

§    Work associated with telecommunication services and equipment used for the transmission of information by electricity

§    Electrical installations in ships, pipeline systems, railway rolling stock, automotive equipment, or portable sound equipment.

§    Work on electrical equipment in the plant of the manufacturer of the equipment.

§    Work on buildings used solely for agricultural purposes on owner-occupied farms.

Not expressly provided

Fine: $1,000 per offense

Plumbers

§    Work on personal property by the owner or his employee

§    Installations of plumbing systems in laboratories for experimental purposes only.

§    A regularly employed maintenance person

§    Plumbing or specialty installations performed as part of a training, not for sale without further inspection

§    Work on agricultural buildings and animal housing

§    Work performed by employees of any public or private water company

Not expressly provided

Fine: $1,000 per offense

Virginia

 

 

Helpful Resources:

§    Va. Code Ann. § 54.1-401 et. seq.

§    Va. Code Ann. § 54.1-1100 et. seq.

§    http://www.dpor.virginia.gov/dporweb/boards.cfm

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Engineers, and Land Surveyors

§    Practice of professional engineering and land surveying by a licensed architect

§    Practice of architecture and land surveying by a licensed professional engineer

§    Practice by a nonresident, provided that such person is otherwise qualified for such professional service in another state or country and qualifies in Virginia and files prior to commencement of such practice an application for licensure.

§    Work done under the supervision of a licensed professionals

§    Employee of the US government

§    Work done on personal property that does not affect public health and safety

§    Practice of engineering solely as an employee of a corporation engaged in interstate commerce, or as an employee of a public service corporation, by rendering such corporation engineering service in connection with its facilities which are subject to regulation by the State Corporation Commission

§    For more see VA Code Ann. § 54.1-402

An entity must hold a certificate of authority. As a condition of registration, the entity shall name at least one licensed architect, professional engineer, land surveyor, landscape architect or certified interior designer for such profession offered or rendered. The person or persons named shall be responsible and have control of the regulated services rendered by the entity.

Class 1 misdemeanor, after 3 + convictions within 36 months it is a Class 6 felony

Civil penalty not to exceed $2,500

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Any governmental agency

§    Work for the US armed services

§    Work for the US government

§    Work for the Department of Transportation

§    Any other persons who may be specifically excluded by other laws but only to such an extent as such laws provide

§    Any material supplier who does not provide construction or installation services

§    Any person who does work for no more than 1 primary residence owned by him and for his own use during any 24-month period

§    Any person who performs work for a house upon his own real property, as a bona fide gift to a member of his immediate family

§    Work for industrial or manufacturing facilities, or a commercial or retail building, for his own use

§    Any person who performs work of residential dwelling units owned by him that are subject to the Virginia Residential Landlord and Tenant Act

§    Any owner-developer, provided certain conditions are met

§    Work undertaken by students as part of a career and technical education project

Business entities must also seek licensure

Class 1 misdemeanor, after 3 + convictions within 36 months it is a Class 6 felony

 

Tradesmen: electrical, plumbing and heating, ventilation and air conditioning

There are certain exemptions from the examination, but not the licensure requirement

See. Va. Code Ann. § 54.1-1131

Not expressly provided

Class 1 misdemeanor

Washington

 

 

Helpful Resources:

§    RCW 18.08.310 et. seq.

§    RCW 18.96.010 et. seq.

§    RCW 18.43.010 et. seq.

§    RCW 18.27.005 et. seq.

§    RCW 19.28.006 et. seq.

§    RCW 18.106.010 et. seq.

§    http://www.dol.wa.gov/listoflicenses.html

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

§    The practice of naval architecture, landscape architecture, engineering, space planning, interior design, or any legally recognized profession

§    Employees of architects, engineers, naval architects, or landscape architects acting under the supervision of their employers

§    Work on structures by contractors or superintendents employed by contractors or the preparation of shop drawings in connection therewith

§    Owners or contractors engaging persons to observe and supervise construction of a project

§    Any person doing design work for a residential building of up to and including four dwelling units, any auxiliary buildings, or farm buildings

§    Work to a building of any occupancy up to four thousand square feet of construction

§    Design-build construction if the structural design services are performed by a registered engineer

§    Any person from designing buildings or doing other design work for any structure prior to the time of filing for a building permit

§    Any person designing buildings if the plans are stamped by a registered engineer or architect.

An entity must file with the board, the application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation is qualified under this chapter to practice architecture in this state

Misdemeanor

Civil penalty not to exceed $1,000 for each offense.

 

No person practicing architecture is entitled to maintain a proceeding in any court of this state relating to services in the practice of architecture unless it is alleged and proved that the person was registered at the time the services were performed

Landscape Architects

§    The practice of architecture, land surveying, engineering, geology, or any recognized profession

§    Employees of landscape architects acting under supervision

§    Work on sites by contractors or superintendents employed by contractors or the preparation of shop drawings in connection therewith

§    Qualified professional biologists

§    The preparation of construction documents including planting plans, landscape materials, or other horticulture-related elements

§    Individuals working on any property owned by them and for their own personal use

§    The design of irrigation systems

§    Landscape design on residential properties.

A certificate of licensure may be granted to a business entity, based upon the same qualifications as an individual

Misdemeanor

Engineers and Land Surveyors

§    The practice of any other legally recognized profession or trade

§    Nonresident, or recently relocated, practicing less than 30 aggregate days in a calendar year provided certain conditions

§    The work of an employee or a subordinate of a person holding a certificate of registration

§    The work of a person rendering services to a corporation, as an employee of such corporation

§    US government employees

§    Nonresident engineers employed for the purpose of making engineering examinations

§    Business entities lawfully practicing in this state

 

An entity may practice engineering or land surveying, or both, provided: the entity has filed with the board an application for certificate of authorization; designate a responsible party licensed accordingly to supervise and seal all work

 

The practice of engineering and/or land surveying in this state by a partnership if the partnership employs at least one person holding a valid certificate of registration under this chapter to practice engineering or land surveying, or both.

Gross misdemeanor

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    US government employee or officers of a court

§    Public utilities

§    Work incidental to the discovery of petroleum or gas

§    Sale of finished products, that are not a part of the structure

§    Work on personal property by the legal owner

§    Work on property under the legal jurisdiction of the federal gov’t

§    Person who only furnishes materials

§    Work on a single project with an aggregate contract price of less than $500

§    Work incidental to irrigation and drainage, or for farming purposes

§    Person working on his own property, or uses his own employees to do such work

§    Licensed architect, civil or professional engineer, certified electrician or plumber

§    Employees of a contractor

§    Contractors on highway projects

§    Mobile/manufactured home dealers

§    Entity who holds a valid electrical contractor’s license

Registration may be granted to a business entity, based upon the same qualifications as an individual

Criminal and civil liability, treble damages and attorney’s fees

Electricians-Journeyman and Specialty

§    Work for a utility

§    Anyone contracting with a utility

§    Work of installing or repairing ignition or lighting systems for motor vehicles

§    Work on any wiring exempt in § 19.28.010

§    The department may rule certain work exempt

§    An employee holding a valid specialty or general plumbing contractor’s registration

An entity must designate a supervisory employee to take the examination and be designated as the “administrator.” That employee must meet certain qualifications

Penalty between $50 - $500

Plumber-Journeyman and Specialty

§    Plumbing work on a residence or farm or place of business by a property owner, or other person when none of the individuals doing such plumbing hold themselves out as engaged in the trade or business of plumbing.

§    Certified journeyman electricians, certified residential specialty electricians, or electrical trainees

§    Common carriers subject to Part I of the Interstate Commerce Act

§    Any farm, business, industrial plant, or corporation doing plumbing work on premises it owns or operates.

§    Person working on a farm

§    Trade or business of plumbing.

Not expressly provided

Civil penalties

West Virginia

 

 

Helpful Resources:

§    W. Va. Code § 30-12-1

§    W.Va. C.S.R. § 2-1-1 et. seq.

§    W. Va. Code § 30-22-1 et. seq.

§    W. Va. Code § 30-13-1 et. seq.

§    W. Va. C.S.R. §§ 7-1-3 to 7-1-5

§    W. Va. Code § 30-14-1 et. seq.

§    W. Va. Code § 21-11-1 et. seq.

§    W. Va. Code § 16-32-1 et. seq.

§    http://www.wvbrdarch.org/

§    http://www.wvpebd.org/

§    http://www.wvdhhr.org/rtia/

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects

Reciprocity may be available

§    Single family residences and auxiliary buildings; multi-family residences not in excess of 3 stores; farm buildings

§    Work on a building that doesn’t affect structural or safety features

§    Pre-engineered buildings

§    Commercial structure < 7,600 ft2 and not in excess of 1 story

§    Contractors

§    Employees of licensed architects acting under supervision

§    Employees of the US government

§    Nonresidents who are qualified, provided certain conditions

A partnership, corporation or other business entity may perform or holding itself out as able to perform any of the services involved in the practice of architecture, provided such practice is actually carried on under the direct supervision of architects registered in the state of West Virginia.

 

Misdemeanor, punishable by a fine not more than $1,000 and/or imprisonment for not more than 12 months

Landscape Architects

§    Licensed professional engineers, surveyors, foresters, architects

§    A nursery person, agriculturist, horticulturist, gardener, landscape designer, landscape contractor, grader, cultivator of land, garden or lawn caretaker

§    Municipal, urban or regional planners and designers

§    Personal property owners

An entity practicing landscape architecture in West Virginia must have a certificate of authorization. An entity must provide proof that the firm employs a West Virginia licensed landscape architect; pay all applicable fees; and complete such other requirements as specified by the board.

Misdemeanor, punishable by a fine between $100 - $1,000 and/or imprisonment for up to 30 days

 

Engineers

 

§    Temporary permits may be available to certain individuals

§    Employees and subordinates who work under certain conditions

An entity may practice professional engineering provided that the person in direct control or supervision of the practice and all personnel who act in behalf of the firm in professional matters and the firm has been issued a certificate of authorization by the board.

Misdemeanor, punishable by a fine not more than $500 and/or imprisonment for not more than 6 months

Civil penalties to be determined by the board

Land Surveyors

§    Employees when acting solely for their employer, and who do not hold themselves out as being engaged in the business of land surveying

§    US government employees

The entity must receive a certificate of authorization by showing that the entity has employed a surveyor-in-charge; paid all applicable fees; and completes such other requirements specified by the board

Misdemeanor, punishable by a fine of not more than $1,000 and/or imprisonment for up to 30 days

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Contractors

§    Construction managers

§    Specialty contractors

§    US government employees

§    Work performed personally by an owner or lessee of real property used primarily for farm purposes

§    Material suppliers who only render advice

§    Work by public utilities

§    Work contracted for by the owner of equipment in an emergency

§    Work performed by an employer’s regular employees

§    Work personally performed on a structure by the owner/occupant

§    Work performed when the specification have been approved by an engineer

An entity must be licensed according to similar practices as an individual

Misdemeanor, punishable by a fine between $200 - $1,000 for the first offense and increasing for subsequent offenses, which could include jail time

Civil penalties not to exceed $1,000

 

Asbestos Abatement

§    Asbestos abatement projects involving less than 160 ft2 or 200 linear feet of asbestos containing materials, provided it isn’t a school for grades K-12

§    Persons who remove resilient flooring in a single family dwelling

An entity must be licensed according to similar practices as an individual

Misdemeanor

Civil penalty punishable by a fine between $250 - $5,000

Wisconsin

 

 

Helpful Resources:

§    Wis. Stat. § 443.01 et. seq.

§    Wis. Stat. § 101.654

§    Wis. Stat. § 101.80 et. seq.

§    Wis. Stat. § 145.01 et. seq.

§    Wis. Admin. Code Comm. § 5.001 – 5.12 & 5.70

§    http://drl.wi.gov/prof/burbiz.htm

§    http://www.commerce.state.wi.us/SB/SB-HomePage.html

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects, Professional Engineers, Landscape Architects, and Land Surveyors

§    1-4 family dwellings and outbuildings

§    Apartment buildings used as a residence of not more than 2 families

§    Agricultural buildings or temporary buildings

§    Employees of (1) someone licensed, (2) of the federal government, or (3) who work exclusively for a private company

§    Public service company that is regulated by a commission of the state or federal gov’t

§    Persons engaged in the manufacture of a product or unit, but not a building

§    For more see: Wis. Stat. § 443.14

Entity must be authorized to practice by the professional regulatory agency. Services must be performed by or under a licensed professional.

Fine of not more than $500 and/or imprisonment up to 3 months

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Residential Home Builder

§    An owner of a dwelling who resides there and applies for a building permit to perform work

Not expressly provided

Fine between $25 - $500

Electricians

§    Residential property owner

§    Maintenance within a facility owned or leased by an entity for which the person is an agent

§    Work on elevators and escalators

§    Work on systems of < 100 volts

§    Work on emergency systems

§    Work on electrical wiring of transmission facilities

§    Work on manufactured equipment or systems that is not designed to provide a function that is primarily electrical in nature

§    Work on manufactured homes

§    A person employed by an electricity provider for certain work

§    Work on lighting or signals for public thoroughfares and airports

The owner/partner/chairman must apply for certification on behalf of the entity 

Fine between $25 - $500

Plumbers

§    Property owner of a single family building and any farm buildings

§    Plumbing from the private water supply pump to an existing water distribution system when installed by someone licensed under Ch. 280

§    Installation of sewer and water service piping by authorized municipal utility employees

§    Minor repairs

§    Work by sewer and water utility contractors

§    Work on water service piping by employees of a public utility provided certain conditions

Not expressly provided

Fine between $100 - $500 and/or imprisonment for 30 days

HVAC Contractor

§    HVAC services within a dwelling owned by the person, entity or business and in which the person, entity or business resides provided the air conditioning or refrigeration equipment does not involve ozone-depleting refrigerants.

§    Electrical or plumbing work associated with the installation or servicing of the HVAC equipment or systems.

Not expressly provided

Fines

Wyoming

 

 

Helpful Resources:

§    Wyo. Stat. Ann. § 33-4-101 et. seq.

§    Wyo. Stat. Ann. § 33-29-

§    Wyo. Stat. Ann. § 35-9-122 et. seq.

§    http://governor.wy.gov/boards-and-commissions.html

§    http://engineersandsurveyors.wy.gov/index.htm

 

 

Design Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Architects and Landscape Architects

§    Those who hold degrees and have practiced for more than 5 years prior to July 1, 1991

§    Employees of the US gov’t

§    Construction, alteration or repair of: private residences, garages, commercial or industrial buildings, small office buildings, pre-engineered metal buildings and buildings for the marketing, storage or processing of farm products and warehouses, farm buildings, and nonstructural alterations, under certain conditions

Not expressly provided

Misdemeanor punishable by a fine of not more than $750 and or imprisonment for not more than 6 months

Engineers and Land surveyors

 

 

§    Employees of the federal gov’t

§    Employees who perform services for that corporation

All personnel of the entity who act in its behalf as professional engineers or professional land surveyors must be lawfully practicing, and the entity must apply for and be issued a certificate of authorization by the board as provided by this act.

Misdemeanor, punishable by a fine not to exceed $1,000 and/or imprisonment for not more than 1 year

Construction Professionals Covered

Exemptions

Treatment of Business Entities

Effect of Violation

Electrical Contractors and Electricians

§    An owners working on his own property

§    Oil or gas field operations, railroads, mines, foundries and fertilizer manufacturing facilities

§    Public utility, cable-TV facilities, farms or ranches over 40 acres, school buildings and low voltage systems

§    Licensed low voltage electrical contractors employing licensed low voltage technicians  on systems with less than 90 volts

Not expressly provided

Misdemeanor, punishable by a fine to an individual of not more than $500 and/or imprisonment for 6 months, to a corporation a fine of not more than $1,000 and/or revocation of its license

 

 

 



[1] This matrix was prepared by Melinn Stutte, a second-year law student at the University of Arkansas School of Law, under the direction of Professor Carl Circo.  The initial source materials are contained in the American Bar Association’s  A State-by-State Guide to Construction and Design Law (Carl J. Circo & Christopher H. Little eds., 2d ed. 2009).  The authors of the 52 chapters of the survey, too numerous to mention here, are to be credited as the prime source for the within summary.  The individual chapters cover the issues of interest in varying degrees of detail.  For that reason, included in this matrix, the information has been supplemented by additional research to fill in gaps.  Due to space limitations, the information in this matrix is highly abbreviated.  It should be used solely as an overview and preliminary reference guide.  Consult the current versions of the relevant statutes and regulations for the most complete information.