State-by-State Licensing Matrix[1]
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Helpful Resources: §
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Design Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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Architects |
§
Construction
superintendents §
Farm buildings §
Public
utilities §
Residences §
Buildings less
than 2500ft2 |
All the officers and voting
shareholders must be architects properly registered in |
Class A misdemeanor punishable by a fine not less than $100.00 nor more than
$5,000.00” |
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Engineers and Land
Surveyors |
§
The practice of
any other legally recognized profession or trade §
Employees of §
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 |
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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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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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 |
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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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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Construction contractors |
§
A
representative of the §
Work for a
public utility; §
Work with
petroleum or gas; §
§
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 |
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Helpful Resources §
A.R.S. §32-101 et. seq. §
AAC R4-30-201 et. seq. |
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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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|
Contractor |
§
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 |
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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 |
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|
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 |
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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 |
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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 |
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Surveyor |
Examination may be waived
for applicants registered in a state with qualifications not less than those
required by |
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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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|
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) |
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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. |
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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 |
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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 |
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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 |
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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 |
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Helpful Resources: §
§
CA Bus. &
Prof. Code § 7000, et. seq. |
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 |
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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 |
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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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
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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 |
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|
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 |
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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 |
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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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effects of Violation |
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||||
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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 §
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 |
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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 |
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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 |
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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 |
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Construction Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effects of Violation |
|
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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 |
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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 |
See |
See |
|
|
Helpful Resources: §
24 §
30 §
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 |
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|
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 |
|
|
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 |
|
|
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 |
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 §
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. |
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. |
|
|
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 |
|
|
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 |
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 |
§ 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 |
|
|
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. |
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 |
§ 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 § 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 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 |
|
|
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 |
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 |
Civil fines not to exceed
$5,000 |
|
|
General Contractors |
Subject to local ordinances |
|
|
|
|
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 § 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 |
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 |
||||
|
Helpful Resources: §
§
§
§
Food Mgmt., Inc. v. Blue Ribbon Pack, Inc., 413 F.2d at 723-4 §
Op. §
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 |
||||
|
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, §
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. |
|||
|
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 ( §
K.R.S. §
322.010 et. seq. §
Bd. Of Educ. of §
Kennoy v. Graves, 300 S.W.2d 568, 570 ( §
http://dhbc.ky.gov/default.htm?wbc_purpose=basic&WBCMODE=presentationunpublished §
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 §
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 § 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 § 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. § 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 |
||||
|
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.lslbc.louisiana.gov/ |
Design Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
|
Architects |
§
Employees of §
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. § 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 |
|
|
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 §
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 |
|
|
|
||||
|
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 |
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 §
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 §
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 §
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 |
See |
|
|
Home Builders |
§
Work done by
landowners for their own use §
New
homebuilders in |
A contract for the
performance of any unlicensed home builder is unenforceable |
||
|
Home Improvement
Contractors |
§
New home
construction §
Work to
existing exposed plumbing lines §
§
Work done on
apartment buildings §
Shore erosion
control projects |
Misdemeanor §
Fine up to
$5,000, and/or §
Imprisonment up
to 6 months |
||
|
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 |
See |
|
|
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 |
|
|
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 |
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 §
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 §
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 |
|
|
Helpful Resources: §
§
Scott-Daniels Properties, Inc. v. Dresser, 160 N.W.2d 675, 679 ( §
§
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 §
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 |
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 |
§
§
§
§
§
§
§
§
|
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. |
||||
|
Helpful Resources: §
§
§
§
§
http://www.archbd.state.ms.us |
Design Professionals Covered |
Exemptions |
Treatment of Business Entities |
Effect of Violation |
|
Architects |
§
Employees of §
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 § 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 §
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 |
|
|
Helpful Resources: §
RSMo. § 327.101
et. seq. §
RSMo. § 341.101
et. seq. |
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 |
||||
|
Helpful Resources: §
M.C.A. Title
37, Chapters 65 – 69, 72, 73 §
§
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
|
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 |
|
|
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.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 |
||||
|
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.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 |
|
|
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/ |
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 §
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 §
§
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 |
|
|
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 §
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, |
||||
|
Helpful Resources: §
NMSA § 61-15-1 et. seq. §
NMSA § 61-23-1 et. seq. §
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 §
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 |
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 |
|
|
Helpful Resources: §
N.Y. Educ. Law
§ 7301 et. seq. §
N.Y. Educ. Law
§ 7201 et. seq. §
N.Y. Gen. City
Law § 20(27) and §
§
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. |
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 |
||||
|
Helpful Resources: §
G.S. § 83A-1 et. seq. §
G.S. § 89C-1 et. seq. §
G.S. § 87-1 et. seq. §
Hawkins v. §
|
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 |
|
|
Helpful Resources: §
§
http://www.nd.gov/sos/licensing/ |
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 |
|
|
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 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 |
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 |
||||
|
Helpful Resources: §
§
§
§
§
§
§
§
http://www.ok.gov/Architects/ §
http://www.pels.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. |
||||
|
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 §
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.) |
||||
|
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 ( § 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 § 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 § 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 and statutes cited there |
See |
See |
|
|
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 |
See |
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 |
||||
|
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 §
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 |
|
|
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 |
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 §
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 §
§
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 |
|
|
Helpful Resources: §
SDCL §
SDCL §
SDCL §
SDCL §
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 §
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 |
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 |
|
|
Helpful Resources: §
§
§
http://tennessee.gov/commerce/boards/contractors §
§
§
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 |
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 §
§ 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; |
Not expressly provided |
Class A misdemeanor Civil penalties up to $500,
or $25,000 if violating certain consumer protection provisions |
|
|
Helpful Resources: §
§
§
§
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. Ins. Code Ann.
Art. 5.43-2 §
§
§
§
§
§
§
§
|
Foreign corporations doing
business in |
See ABA Guide, pg. 997 and
statutes cited there |
|
|
Helpful Resources: §
U.C.A. title
58, chapters 3a, 22, 76, 53, 55 |
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 |
|
|
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. |
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 |
|
|
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 § Work done under the supervision of a licensed
professionals §
Employee
of the § 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 §
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. |
Not expressly provided |
Class 1 misdemeanor |
|
|
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 |
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 § 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 |
§
§
Public
utilities §
Work incidental
to the discovery of petroleum or gas §
§
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 |
|
|
Helpful Resources: §
W. §
§ W. Va. Code §
30-22-1 et. seq. § W. Va. Code §
30-13-1 et. seq. §
W. § W. Va. Code §
30-14-1 et. seq. § W. Va. Code §
21-11-1 et. seq. § W. Va. Code §
16-32-1 et. seq. |
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 §
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 |
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 |
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 |
|
|
Helpful Resources: §
§
§
§
§
§
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: |
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 |
|
|
Helpful Resources: § Wyo. Stat. Ann. §
33-4-101 et. seq. §
§ 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 §
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.