3703 examini ng board of architectsand...

3703 EXAMIN ING BOARD OF ARCHITECTS AND PROFESSIONAL ENG INEERS 443.01

CHAPTER 443

EXAMINING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS

443.01 Architects and professional engi-neers . (1) PRACTICE REQUIREMENTS, REGIS-TRATION. (a) Any person practicing or offeringto practice the profession of architecture or theprofession of professional engineering in thisstate shall comply with this section .,

(b) It is unlawful for any person to practicethe profession of architecture or the professionof professional engineering in this state unlesssuch :.personn has been duly registered, is exemptunder sub . . (9) or has in effect a permit undersub.: (11) (d) .

(c) It is unlawful for any person to offer topractice the profession of architecture or theprofession of professional engineering or to usein connection with his namee or otherwise as-sume, use or advertisee any title or descriptiontending to convey the impression that he is anarchitect or professional engineer or to advertiseto furnish architectural or professional engineer-ing services unless such person has been dulyregistered or has in effect a permit under sub ..(11) (d)

(d) Notwithstanding any other provision ofthis section, contractors, subcontractors or, con-struction material or equipment suppliers arenot required to register under thiss section toperform or undertake those activities which his-torically and customarily have been performedby them in their respective trades and special-ties, including, but not limited to, the prepara-tion and use of drawings, specifications or lay-outs within a construction firm or in construc-tion operations, superintending ofconstruction,installation and alteration of equipment, cost es-timating, consultation with architects, profes-sional engineers or owners concerning materials,equipment, methods and techniques, -and inves-tigations or consultation with respect to con-struction sites,: providedd all such activities areperformed solely- with respect to the perform-ance of their- work on buildings or with respectto supplies or materials furnished by them forbuildings . : or structures or their appurtenanceswhich are, or which are to be, erected, enlargedor materially altered in accordance : withh plansand specifications prepared by architects or pro-fessional engineers, or by persons exempt undersub . . (9) while practicing within the scope of theirexemption . .

(e) This section shall not require manufactur-ers or their- material or equipment suppliers toregister under this section in order to enablethem to per-form engineering in the design, as-sembly, manufacture, sale or installation of theirproducts .

(f) It is unlawful for any person who is regis-tered to practice the profession of architecture orprofession of professional engineering to impresshis seal or stamp upon documents which havenot been prepared by him or under his directionand control, to knowingly permit his seall orstamp to be used by any other person or in anyother manner to knowingly aid or abet the unau-thorized practice of' either profession by personsnot author ized under this section .. .

(2) DEFINITIONS ., (a) The term "architect" asused in this section means a person who is le-gally qualified to practice the profession of ar-chitecture .

(b) The practice of architecture within themeaning and intent of this section includes anyprofessional service, such as consultation, inves-tigation, evaluation, planning, architectural andstructural design, or responsible supervision ofconstruction, in connectionn with the construc-tion of any pr i vate or public buildings, struc-tures, projects, or the equipment thereof, or ad-dition to or alterations thereof, wherein the pub-lic welfare or the safeguarding of life, health orproperty is concerned or involved .

(c) The term "professional engineer" as usedin this sectionn means a person who by reason ofhis knowledge of mathematics, the physical sci-ences and the principles of engineexing, . acquiredby professional education and practical experi-ence,, is qualified to engage in engineering prac-tice as hereinafter defined .

(d) The practice of professional engineeringwithin the meaning and intent , of this sectionincludes any professional service, requiring theapplicationn of engineering principless and data,wherein the public welfare or the safeguarding oflife, health or property is concerned and in-volved, such as consultation, investigation, eval-uation, planning, design, or responsible supervi-sion of construction, alteration, or operation, inconnection with any public or private utilities,structures, projects, bridges, plants and build-ings, machines, equipment, processes and works . .

44301 Architects and professional engineers 44302 Land sur veyo r s.

Electronically scanned images of the published statutes.

A person shall be deemed to offer to practice practice without registration, certification orprofessional engineering, within the meaning permit . Any member of the examining boardand intent of this section, who by verbal claim, . . mayy administer oaths to witnesses .sign, advertisement, letterhead, card, or in any (e) The action of the examining board in ie-othex way represents himself to be a professional yoking a registration, . certification or permit orengineer; or who through the use of some other ' the action of a section thereof in denying a regis-title implies that he is a professional engineer ;. or nation, certification or permit or making anywho holds himself out as able to practice profes- rule thereto shall be subject to review under ch ..sional engineering. 227,

(e) The term "examining board" as used in Note: Sub (4) (d) and (e) are printed as amended by

this section means the examining board of archi- Chap . 446, ,section 4, laws of 1 9 6 9 All of sub (4) was earlierg repealed by Chap . 336, laws of 19699

tects, professional engineers, designers and land (5) RECORDS, REPORTS, ROSTER (b) The ex-surveyors, as created by s . 15 . 405 (2). amining - board shall keep . a, record of its pro -

(f) "Engineer-in-training" means : a person ceedings together with a record of all other in-who is a graduate in an engineering curriculum formation pertaining thereto as may be deemedof ' 4 years or more from a school or college ap- necessary by the board . The records of the ex-proved by the examining board as of satisfactory amining board shall be prima facie' evidence ofstanding, or a person who has had . 4 years or the proceedings of the examining boar' d' setmore of experience in engineering work of a forth therein, and a transcr ipt thereof; duly cer-character satisfactory to the examining board; tified by the secretary of the examining boardand who, in addition, has successfully passed the under seal, shall be admissible in evidence withexamination in the fundamental engineering the same effect as if the or iginal were produced .dsubjects prior to the completion of the requisite (c) The examining board shall annually sub-years in engineering work, as provided in sub ., mit to the department of industry, labor and(6), and who has beenn granted a certificate of human relations a copy of ' the report of its trans-record by the examining board stating thatt he actions of the preceding year required under s ,,has successfully passed this portion of the pro- 15,08 (9), and shall also transmit to the depait-fessional examinationss merit of industry, labor and human relations a

(g) In this section "responsible supervision of complete statement of the receipts and expendi-constxuction" is a professional service as distin- tures of ' the examining board, attested by affida-guished from superintendingg of construction vits of its chairman and its secretary ,and means the performance, or the supervision (e) A list showing the names and addresses ofthereof,- of reasonable and ordinary on the site all engineers-iri-training certified by the examin-observations to determine that the construction ing board during the period from July 1 to Juneis in substantial compliance with the approved 30 shall be prepared each year by the secretarydrawings, plans and specifications . . of the examining board . A copy of such list shall

(4) RULES; SEAL ; ruDiciAL. REVIEW, (d) The be obtainable by each person whose namee ap-examining board may make all bylaws and pears upon it and by each person registered as arules, not inconsistent with the constitution and professional engineer.. A copy of ` such list shalllaws of this state, which may be reasonably nec- be placed on file with the department ..essary for thee proper performance of ` its duties

(6) REGISTRATION REQUIREMENTS.. (a) Anand the regulations of the proceedings before it .The examining board shall cause to have pre- applicant for registration as an "architect shall'pared and shall adopt rules of " professional con- submit satisfactory evidence to the examining

duct which rules shall be made known in writ- board as follows :

ing to every registrant, holder of a certificate or , 1 That he or she has acquired a thorough

permit and applicant fox- registration, ceitifica- knowledge of sound construction, building hy-

tion or permit, which rules shall be published in giene; architectural design and mathematics :

the roster' provided for in sub , (5) Such publi- 1 A diploma of graduation, or a certificate,cation - shall constitute due notice to all tegis- from an architectural school or college approvedHants ; holders of : certificates or permits The by the examining board as of satisfactory stand-examining board may revise and amend these ing, together with at least 3 years' practical expe-rules and shall notify each registrant in writing I'ience of a character satisfactory to the examin-of such revisions or amendments .. The examining ' board ' in the design and construction ofing board shall adopt an official seal . In carry- buildings ; ofing into effect this section, the examining board 3 . A specific record of 7 or more years ofof its sections may take testimony in any case experience in a rchitectural work of a character-involving the revocation of registration, certifi- satisfactory to the examining board in the designcationn or permit or practicing or offering to and construction of buildings ;

443.01 EXAMINING BOARD OF ARC HITECTS AND PROFESSIONAL ENGINEERS 3704


3705 EXAMIN ING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS 443.01

2 ; A specific record of 4 years or more of "experience in engineering work of ' a charactersatisfactory to the examining board

3 .. Graduation in engineering fiom a school orcollege approved by thee examining board as ofsatisfactory standingg shall be considered asequivalent to 4 years of experience and the com-pletion satisfactory to the examining board ofeach year of work in engineering in such schoolor college without graduation shall be_consid-ered as equivalent to one year of experience.Graduation in a course other than engineeringfrom a school or college approved by the exam-ining board as of satisfactory standing shall beconsidered as equivalent to 2 years of experi-ence . No applicant shall receive credit fox morethan 4 years of experience under this subdivi-sion .

(d) In considering the, qualifications of appli-cants, responsible charge of architecturall or en-gineering teaching may be construed as experi-ence .

(e) No person shall be eligible for registrationas ; an architect ' or a professional engineer, orcertification as engineer-in-training who is not ofgood character and repute .

(g) Written examinations will be required ofevery applicant for certification as engineer-in-training.

(i) Written or written and oral examinationswill be required of ` every applicant for registra-tion as an architect or a professional engineerexcept an applicant who meets the requirementssof par (b) 3 .. Failure to pass an examinationunder this section or under' any order of theexamining board shall not be a bar to registra-tion -under par, (b) 3 .

(j) Wri tten or written and oral examinationsshall be held at such time and place as the exam-ining board determines except as is provided inpar . (b) .3. The scope of' the examinations and themethods of procedure shall be prescribed by theexamining' board with special reference to theapplicant's ability to design and supervise archi-tectural or engineering work, ` which shall pro-mote the public welfare and insure the safety oflife, health and property . A candidate failing anexamination may, upon : application and pay-ment of the required reexamination fee, be ex-amined again by the examining board . No re-striction shall be placed on the number of timesan unsuccessful candidate may present himself 'for reexamination, except : that after failure of 3reexaminations, the examining ., board : may re-quire a one-year waiting period before furtherreexamination .

(k) The examination papers of each applicantshall be retained by the executive secretary andshall.l be available to the applicantt for review for

4 , Graduation in architecture from a school orcollege approved by the examining board as ofsatisfactory standing shall be considered asequivalent to 4 years of experience, and the com-pletion satisfactory to .the examining board ofeach year of work in architecture in such schoolor college without graduation shall be consid-ered equivalent to one year of experience. . Grad-uation in a course otherr than architecture froma school or college approvedd by the examiningboard as of satisfactory standing shall be consid-ered as equivalent to 2 years of experience . . Noapplicant shall receive credit for more than 4years of experience under this subdivision .

(b) An applicant for registration as a "profes-sional engineer" ; shall submit satisfactory evi-dence to the examining board as follows :

1 . A ; diploma of graduation, or a certificate,from an engineeringg schooll or collegee approvedby the examining board as of satisfactory stand-ing in an engineering course of not less than 4years, together with an additional 4 years of ex-perience in engineering work of a character sat-isfactory to the examining board and indicatingthat thee applicant is competent to be placed inresponsible charge of such work ; or ,

2 . A specific record of 12 or more years ofexperience in engineer ing work of; . a charactersatisfactory to the examining board and indicat-ing that the applicant is competent to be placedin responsiblee charge of such . work ; or

3. A specific record by an applicant not lessthan , 35 years of age of 12 years or more ofexperience in engineering work - of a charactersatisfactory to the examining board and indicat-ing that the applicant is competent to practiceengineering.

4. Graduation in engineering from a school orcollege approved by the examining board as of'satisfactory standing shall be considered asequivalent to 4 years of experience, and the com-pletion satisfactory to the examining board of'each year of' wotk in engineering in such schoolor college without graduationn shall be consid-ered as equivalent to one year of experience. .Graduation in a course other than engineeringfrom a school or college approved by the exam-fining board as of satisfactory standing shall beconsidered as equivalent to 2 years of' experi-ence No applicant shall receive credit for morethan 4 years of exper i ence under this subdivi-sion

(c) An applicant for certification as an engi-neer-in-training : shall submit satisfactory evi-dence to the exam i ning board as follows:

1 . A diploma of graduation in engineering ora certificate in engineering from a school ox- col-lege approved by thee examining board as of sat-isfactory standing, or


443.01 EXAM INING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS 3706

This paragraph does not apply to corporationsexempt under ' sub.. (9) (c) and (e) .

2 . All certificates of authorization issued priorto January 31, 1967, shall expire on January .3 1,1969; all certificates of authorization issued sub-sequent to January 31, 1967, and prior to No-vember 10, 1967 shall expire on January 31,1970; all certificates of autho rization issued sub-sequent to November 10, 1967 shall expire onthe last day of the month of January of the 2ndyear following their issuance or renewal andshall be invalid on such dates unless renewed .The department shall notify every corporationcertified under this section of the date of theexpiration -of its certificate and the fee requiredfor its renewal ; such notice shall be mailed atleast one month in advance of such expirationSuch certificate may be renewed for a per iod of2 years during the month of January in which itexpires by the payment of a fee of $25 ;

3 . An expired certificate of authorization maybe renewed after the month of January, effectiveto January 31 of the 2nd year following renewal,on payment of a fee of $25 plus $2 for eachmonth or fraction of a month after its expiration,but the maximum fee for: delayed renewal is $50 .

(d) 1. No firm, partnership or corporationshall be relieved of responsibility' for the conductor acts of its agents, employes or office rs byreason of its compliance with this section, norshall any individual practicing architecture orprofessional engineering be relieved of responsi-bility for architectural or professional engineer-ing services performed by reason of his employ-ment or relationship with the firm, partnershipor corporation .

2 . All final drawings, specifications, plans, re-poits or other architectural or engineering pa-pers or° documents involving the practice of ar-chitecture or professional engineering preparedfor the use of the corporation, for delivery by itto any person or for public record within thestate shall be dated and bear the signature andseal of the architect or professional engineer whowas in responsible charge of their preparation . .This subdivision does not apply to persons ex-empt under sub . (9 )- (c), (d) and (e).

(e) No firm, partnership or corporation mayengage in the practice of or offer to practicearchitecture or ' professional engineering in thisstate, or use in connection with its name or oth-erwise assume, use or advertise any title or de-scription tending to convey the impression thatit is engaged in the practice of the profession ofarchitecture or professional engineering, norshall it advertise or offer to furnish an aichitec-tural or professional engineering service, unlessthe firm, partnership or corporation has com-plied with this section .,

a one-year , period from the date of the examina-tion . The applicant may make a written request,within the one-year period, for a review by thesection, of all or of " any part of the examinationfailed . The section shall review the examination,or any part thereof within 90 days, followingreceipt of such wr i tten request, and shall furnishthe applicant a written reply of the results ofsuch review, including a statement of the reasonsfor a failing grade.

(7) PARTNERSHIP OR CORPORATION . (a) Thepractice of architecture and professional engi-neering pertaining to the internal operations ofa firm, partnership or corporation may be per-formed by employes if the architectural or pro-fessional engineering services are performed byor under the direct supervision of architects orprofessional engineers registered under this sec-tion, or persons exempt from registration undersub (9) . . Registered or exempt architectural orprofessional engineering employes may providearchitectural or professional engineering datawith respect tothe manufacture, sale and utili-zation of the products of the firm, partnershipor corporation to other registered or exempt ar-chitects or professional engineers .

(b) The practice of or the offer to practicearchitecture or professional engineer ing by indi-vidual architects or professional engineers regis-tered under this section, through a firm, partner-ship or corporation as principals, officers, em-ployes or agents, is permitted subject to thissection, if all personnel who practice or offer topractice in its behalf as architects or professionalengineers are registered under this section and ifthe corporation has been issued a certificate ofauthorization under, par . (c) .

(c) 1 A corporation desiring a certificatee ofauthorization shall submit an application withthe examining board on forms prescribed by theexamining board and provided by the depart-ment, -listing the names and addresses of all offi-cers and directors, and all individuals in itsiem-ployment registered to practicee architecture orprofessional engineering inthis state who will bein responsible charge of architecture or , piofes-signal engineer i ng being practiced in this statethrough said corporation and other relevant in-formation required by thee examining board , Asimilar type : of ` form shalll also accompany thebiennial renewal fee. If there is a change in anyof these persons during the biennium, the changeshall: be reported on the same type of form, and,,filed with the examining board within . 30 daysafter the effective date of the change : The exam-iningboard shall grant : a certificate of authoiiza-tion to a corporation complying with this para-graph upon payment of ' a certification fee of $50 .


3707 EXAMINING BOARD OF ARCH ITECTS AND PROFESSIONAL ENGINEERS 443.01

professional engineer, registered under the pro-visions of this section, in responsible charge ofsuch company's architectural or professional en-gineering work in this state . .

(e) A person engaged in the manufacture of 'aproduct or unit, including laboratory researchaffiliates of the person, where the services per-formed are the design, assembly, manufacture,sale or' installation of that product or unit .."Product or unit" does not include buildings .

(10) EXEMPT BUILDINGS. (a) Nothing con-tained in this'section shall prevent persons fromadvertising and performing services such asconsultation, investigation, evaluation, in con-nection"with and making plans and specifica-tions for, or supervising the erection, enlarge-ment or alterations of any of the followingbuildings :

1 . Dwellings for single families, and outbuild-ings in connection therewith, such as barns andprivate garages ..

2 . Apartment buildings used exclusively as theresidence of not more than 2 families .

3 . Buildings used exclusively for agriculturalpurposes

4, . Temporary buildings or sheds used exclu-sively for construction purposes, not exceeding2 storiess in height, and not used for living quar-ters .

(b) Nothing contained in this.s section shallprevent, persons, firms or corporations frommaking plans and specifications for or supervis-ing the.e erection, enlargement or alteration ofany new building containing less than 50,000cubic feet total volume or additionn to a buildingwhich by reason of such addition results in abuilding containing less than 50,000 cubic feettotal volume or structural alteration to a build-ing containing less than 50,000 cubic feet totalvolume. Nor shall anything contained in thissection prevent persons, firms : or corporationsfrom making repairs or interior alterations tobuildings which do not affect health or safety .

(c) Any multiple family building having acommon roof and party walls shall be deemed asingle building for purposes of this section:.

(d) This section shall not apply to inspectionand service work done by employes of insurancerating bureaus, insurance service bureaus, insur-ance companies- or insurance agents .

( 11) CERT I F ICATE OF REGISTRATION ORRECORD; PERMIT ; RECIPROC ITY PROVISIONS,.(a) The examiningg board may, upon applicationtherefor, and the payment of the required fee,giant a certificate of'registration as an architect,or as a professional engineer to any per-son whoholds an unexpired certificate of similar regis-tration issued to him by the proper authority inany state or territory or possession of the

(f) Any firm, partnership or corporation usingthe word "engineering" or any of ' its derivativesin its name . .e prior..r to April 24, 1964, shall bepermitted to continue to do so and shall be per-mitted to use such word in any new firm, part-nership or, corporation formed as a result of areorganization of` such firm, partnershipp or cor-poration, provided it does not practice or offerto practice architecture or professional engineer-ing unless it complies with all other provisionsof this section.(8) CHANGE OF NAME No person shall p rac-

tice the profession of architecture or the piofes-sion of professional engineering in this state un-der - . any other Christian or given name or anyother surname than that under which he wasoriginally licensed or registered to practice inthis or any other state, in any instance in whichthe examining board, after a hearing, finds thatpracticing under such changed name operatesto unfairly compete withh another practitioneror to mislead the public as to identity or to oth-erwise result in detriment to the profession orthe public. Thiss subsection does not apply to achange of name resulting from marriage of di-vorce

(9) EXEMPT PERSONS, The following persons,while practicing within the scope of their ex-emption, shall be exempt from this section :

(a) An employe of a person holding a certifi-cate of' registration in this state who is engagedin the practi ce of the profession of architectureor of' professional engineering and an employe ofa person temporarily exempted from registra-tion ; , provided, such practice does not includeresponsible charge of architecture or profes-sional engineering practice as defined in this sec-tion .

(b) Officers and employes of the governmentof the United States while engaged within thisstate in the practice of' the profession of architec-ture or of': professional engineering for said gov-ernment,

(c) A public service company and its regularemployes acting : in its behalf where the profes-sional ;engineeiing services rendered are in con-nection with its facilitiess which are subject toregulation, supervision and control by a com-mission of this state or of thee federal govern-ment .

(d) Any person who practices the professionof architecture or professional engineering, ex-clusively as a regular employe of 'a private com-pany or corporation, by rendering to suchh com-pany architectural or professional engineeringservices in connection with .h its operations, solongg as such person is thus actually and exclu-sively employed and no longer ; provided, thatsuch company shall have at least one a r chitect or


443 ..01 EXAMIN ING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS 3708

United. States or in any country in which therequirements for the registration of architects,or of' professional engineers are of ' a standard notlower than specified in this section ..

(b) The examining board may, upon applica-tion therefor, and payment of the required fee,grant a certificate of ' registration as an architect,or as a professional engineer to any person whoholds an unrevoked card or certificate of na-tional reciprocal registration, issued by anystate, province or country in conformity with theregulations of the national council of state boardof architectural, or engineering examiners, andwho complies with the regulations of the exam-ining board, except as to qualifications and regis-tration fee . .

(c) The examining board may, upon applica-tion therefor, and the payment of the requiredfee, grant a . certificate-of-record as engineer-in-training to any person who holds an unexpiredcertificate of similar certification issued to himby the proper authority in any state or territoryor -possession of .the ., United States or in anycountry in which the requirements for the certi-fication of engineers-in-trainingg are . of a stand-ard not lower than specified in this section .

(d) The examining board may, upon applica-tion therefor, grant a permit to practice or tooffer to practice the profession of 'architecture orprofessional engineering to a person who is nota resident of and has no established place ofbusiness in this state, or who has recently be-come a resident thereof, if he has submitted tothe examining board an application for a certifi-cate of' iegistration and has paid the required fee,provided, that such person holds an unexpiredcertificate oP ' similar, registration , issued to himby the proper authority in anyy state or territoryor, possession of the United States or in anycountry in which the requirements for the regis-tration of' arehitects or professional engineers areof a standard not lower than specifiedd in thissection.

(12) APPLICATIONS FOR REGISTRATION,FEES, CONTENTS OF CERTIFICATION, EXPIRA-TION (a) Applications for registration or for acertificate- of record shall be; on forms pre-scribed by the examining board and providedby the department and shall contain statementsmade under oathh showing the applicant's edu-cation ; and detail summary of his technicalwork and not less than 5 references, of whom 3or more shall have personal knowledge of - hisarchitectural or engineering experience in thecase of an application for registration or of histechnical education or engineering work in thecase of an application for a certificate of record

(b) The registration fee for architects or pro-fessional engineers who do not hold a certificateof record as engineer-in-training shall be $20,one-half of which - shall accompany the applica-tion ' and the other half of which shall be paidupon issuance of' the certificate of ' registration Ifthe examining board denies the application, theamount deposited with the application shall beretained by the examining board as an examina-tion fee .

(c) The certificate of record fee for engineers-in-training shall be $10 and said fee shall ac-company the application . If the examiningboard denies the application, said amount shallbe retained by the examining board as an exami-nation fee.

(d) The registration fee for applicants for reg-istration as professional engineer who hold a cer-tificate of record as engineer-in-training shall be$10, one-half of which shall accompany the ap-plication and the other half of which shall bepaid upon issuance of' the certificate of registra-tion . If the examining board denies the applica-tion, the amount deposited with the applicationshall be retained by the examining board as anexamination fee :

(e) The registration fee for architects and forprofessional engineers who hold an unexpiredcertificate of registration, or similar authority,issued by the proper authority in any country,state or territory outside of this stateshall be$50, one-half of which shall accompany the ap-plication' and the other half of which shall bepaid upon issuance of the certificate of registra-tion . If the examining board denies the applica-tion, the amount deposited with the applicationshall be retained by the examining board as anexamination fee .

(f) The certificate ofrecord fee for engineers-in-training who hold an unexpired certificateof record, or similar certification issued by theproper authority in any country, state or terri-tory outside of ' this state shall be $5 and said feeshall accompany the application . If' the examin-ing board denies the application, said amountshall be retained by the examining "board as anexamination fee:.

(g) The fee for the issuance of 'a new certificateto replace any certificate revoked, lost, de-stroyed or mutilated shall be $3 .

(h) The examining boardshall grant a certifi-cate of ' registration upon payment of'registrationfee to any applicant who, in the opinion of theexamining board; has satisfactorily met all therequirements of' this section . . The certificate shallauthorize the practice of "architecture" or of"professional engineering" Certificates of' regis-tiation shall show the full name of the registrant,shall have aset al number, and shall be signed


3709 EXAMINING BOARD OF ARCHITECTS AND PROFESSIONAL ENG INEERS 443 .01

by the chairman and the secretary of the examin-ing board under seal of the examining board . .

(i) The granting of a certificate of registrationby the examining board shall be evidence thatthe person named therein is entitled to all theri ghts and privileges of' a registered architect ora registered professional engineer under the clas-sification stated on his certificate, while said cer-tificate ; remains unrevoked or unexpired ,

(j) Certificates of regist r ation shall expire onthe last day of the month of July of ' the 2nd: yearfollowing their, issuance or renewal and shallbecome invalid on that date unless renewed .: Thedepartment shall notify every person registeredunder this section of the date of the expirationof his certificate and thee amount of the fee re-quired for its renewal for 2 years; such noticeshall be mailed at least one month in advance ofthe date of expiration of said certificate . Re-newal . may be effected at any time during themonth of July by thee payment of a fee of $20,.The failure on the part of any registrant to renewhis certificate every 2ndd year in the month ofJuly : as required above, shall not deprive suchperson of the r i ght of renewal,, but the fee to bepaid for the renewal of a . .certificate after themonth of July shall be increased . 5% for eachmonth or fraction of a month that payment ofrenewal is delayed but the maximum fee for de-layed renewal shall not exceed $30.

(k) The examining board shall grant a certifi-cate of record as engineer-in-training to any ap-plicant who, in the opinion of the examiningboard has satisfactorily met all the requirementsof this section pertainingg to engineers-in-train-ing: The certificate of record shall show the fullname of the engineer-in-training, shall have aseri al number, and shall be signed by the chair-man And secretary of the examining board underthe seal of the examining board ,

(1) A certificate of record as engineer-in-train-ing 'is evidence that the engineer-in-training towhom it is issued has successfully passed : theportion of" the examinations in thee fundamentalengineering subjects required of an applicant forregistration as a professional engineer .

(m) Certificates of record as ' engineers-in-ti aining shall'expire on July 31 st of the 10th yearafter, ttheir issuance unless extended by the.exam-ining' board : An application for extension shallcontain evidence satisfactory to the examiningboard that the applicant's professional expeii-ence has been delayed

(n) The reexamination fee for an applicant forregistration as an architect or professional engi-neer is $10:

(o) The reexamination fee for an applicant fora certificate of record as engineer-n-training is$5. _

(13) REVOCATION OF REGISTRATION.. Theexamining board has the power to revoke thecertificate of registration of any registrant, andthe certificate of record of any engineer-in-training, who is found guilty of:

(a) 1 . Fraud or deceit in obtaining a certificateof registration or,'a certificate of record .2. Signing or impressing his seal or stamp

upon documents not prepared by him or underhis control or knowingly permitting his seal orstamp to be used by any other person .

3 . Knowingly aiding or abetting the unauthor-ized practice of architecture or professional en-gineering by persons nott registered under thissection .4 Any gross negligence,, incompetency or

misconduct in the practice of architecture as aregistered architect or of professional engineer-ing as a registered professional engineer ; or inthe professional activity of a holder of a certifi-cate of record as engineer-in-training .

5. Any violation of the rules of professionalconduct adopted and promulgated by the exam-ining board .

6. Conviction of 'a felony or adjudication ofmental incompetency by a court of competent,jurisdiction; a certified : copy of the record ofconviction or adjudication of incompetency tobe conclusive evidence of such conviction or in-competency.

(b) The examining board may revoke the cer-tificate-of authorization of a corporation if anyof its agents, employes ox officers has committedany act of has been guilty of any conduct whichwould authorize a revocation of the certificate ofregistration of a registrant or the certificate ofrecord of an engineer-in-training under this sec-ton, unless the corporation submits evidencesatisfactory to the examining board that suchagent, employe or officer is not now practicingor offering to'piactice architecture or profes-sional engineering in its behalf.

(c) Any person may prefer charges that anyregistrant or holder of a certificate of record asengineer -in-training, or corporate holder of a.certificate of authorization has .s committed anyact for which revocation of registration is au-thorized under par. (a) . Such charges shall be inwriting, and shall be sworn to by thee personmaking them and shall be submitted to the seer e-tary of the examining board; Also, the examin-ing board may on its own motion make suchcharges. All charges, unless : dismissed by theexamining board as unfounded or trivial, shallbe heaid :by the section of'the examining boardinterested, within 3 months after the date onwhich they have been preferred.


443.01 EXAMIN ING BOARD OF ARCHITEC TS AND PROFESSIONAL ENGINEERS 3710

Note : Par. (c) is printed as amended by Chaps 336,section 8, and 446, laws of 1969.(d) The time and place for said hearing shall

be fixed by the examining board, and a copy ofthe charges, together with a notice of the timeand place of hearing shall be personally servedon or mailed to the last known address of suchregistrant, holder of a certificate of record orholder of a certificate of authorization, at least30 days before the date fixed for the hear ing. Atany hearing, the accused registrant, holder of acertificate of record or holder of 'a certificate ofauthorization shall have the right to appear per-sonally and by counsel, to cross examine wit-nesses appearing against him, and to produceevidence and witnesses in his own defense . .

(e) If, after such hearing 3 members of thesection of the examining board holding the hear-ing - vote in favor of sustaining the charges, theexaminingg board shall revoke the certificate ofregistration of such registered architect or regis-tered professional engineer, the certificatee ofrecord of such holder of 'a certificatee as engineer-in-training, or the certificate of a corporateholder of a certificate of authorization,

(f) The action of the examining board shall besubject to review in the manner provided in ch ,227 ;

(g) The examining board, for reasons the in-tetested section deems sufficient, may reissue acertificate of registration or a certificate ofrecord to any person, or a certificate of authori-zation to any corporation, whose certificate hasbeen revoked, providing 3, members of' the archi-tect section or 3 .members, of the professionalengineering section of. the examining board votein favor of such eissuance . A new certificate ofregistration, certificate of record or certificate ofauthorization, to replace any certificate revoked,lost, destroyed or mutilated may be issued, sub-ject to the rules of " the examining board and thepayment of thee required : fee .

( 14) PENALTIES, LAW ENFORCEMENT. (a)Any person who practices or offers to practicearchitecture or professional engineering in thisstate, or who uses the word "architect" or theterm "professional engineer" as part of his busi-ness name or title, except as provided in par . (7)(f), or in any way represents himsel f as an archi-tect or apxofessional engineer unless he is regis-tered or exempted in accordance with this sec-tion, or unless he is the holder of an unexpiredpermit issued under sub.. (11) (d), or any personpresenting orattempting to use as his own thecertificate of registration of another, or any per-son who gives any false or, forged evidence ofany kind to the examining board or to anymember thereof in obtaining a certificate of reg-istration, or any person who falsely imperson-ates any other registrant of like or different

name, or any person who attempts to usee anexpired or, revoked certificate of registration, orviolates any of thee provisions of this section,may be fined not less than $100 nor more than$500 or impr isoned for not more than 3 monthsor both.

(b) All duly constituted officers of the law ofthis state or any political subdivision shall en-force this section and prosecute any persons vio-lating this section . . A representative of" the de-partment of',justice designated by the attorneygeneral shall provide a legal advisor to the exam-ining board and render such legal assistance asmay be necessary in carrying out this section .

(15) INJUNCTION . If it appears upon com-plaint to the examining board by any person, oris known to the examining board that any per-son who is neither registered nor exempt underthis section nor the holder of an unexpired per-mit under subsection (11) (d) is practicing oroffei i ng to practice, or is about to practice or tooffer to practice, the profession of architectureor the profession of professional engineering inthis state the examining board or the attorney-general or the district attorney of the propercounty may investigate and may, in addition toany other ' remedies, bring action in the nameand on behalf of the state of Wisconsin againstany such person to enjoin such person frompracticing or offering to practice architecture orprofessional engineering.

(16) DESIGNER OF ENGINEERING SYSTEMS,(a) An applicant for a permit as a designer shallsubmit evidence satisfactory to the board indi-cating that he is competent to be in charge ofsuch work as follows:

1 A specific record of 8 years or more ofexper ience in specialized engineering des ignwork and the satisfactoryy completion of a writ-ten examination in the field or branch, as deter-mined by the board, in which certification issought; or

2 A specific record of 12 years of experienceby any person at least 35 years of age who wasactively engaged in this state in the preparationof plans, specifications, designss and layouts inspecific fields or branches as designatedd underpar.. (b) Such a person may be granted a permitto offer and perform services in the designatedfield or branch.

3 .. Completion of technological academictraining or apprenticeship program approved bythe board may be considered equivalent to expe-rience, but should not exceed a total of 4 years ..The successful completion of each year of aca-demic work without graduation shall be equiva-lent to one year of experience, Graduation froma course other than engineering technology shall


3711 EXAMIN ING BOARD OF ARCHITECTS . AND PROFESSIONAL ENG INEERS 443 .02

be equivalent to 2 years of experience under thissubdivision,

(b) Permits shall be granted, designated, andlimited to the fields and subfields of technologyas are determined by the examining board andrecognized in engineer i ng design practice . Anyperson holding a permit may prepare plansandspecifications and perform consultation, investi-gation and evaluation in connection with themaking of plans and specifications, within thescope of the permit, notwithstanding that suchactivity constitutes the practice of architectureor professional engineering under this section..

(c) A master plumber's'license under ch : 145shall be considered equivalent tothe work expe-rience and satisfactory completion of a writtenexamination in the field of plumbing systems,and the holder of a master plumber's licenseshall be issued a permit as a designer of plumb-ing systems upon the making of an applicationand the payment of the permit fee .,

(d) The permit shall, on its face, restr i ct theholder thereof to the specific field and subfieldsof designing in which such permittee acquiredhis exper ience in designing . . If qualified in morethan one type of designing, persons may receivepermits for more thann one field or subfield ofdesigning as may be determined by the examin-ing board

(e) The permit fee shall be $20, one-half ofwhich shall be a nonrefundable application feeand the other half of which shall be paid upongranting of the permit. Permits shall expire onthe last day of the month of January of the 2ndyear following their issuance or renewal andshall become invalid on that date unless i e-newed . Renewal may be effected during themonth of January by payment of a fee of $20, butthe fee for renewal after the month of Januaryshall be `increased 5% for each month, or frac-tion of a month that renewal is delayed to amaximum fee for renewal of $30.

(fl The examining board may revoke said per-mit in the event the permittee is guilty of fraudor deceit ' in obtaining such permit, gross negli-gence, incompetency or misconduct in his prac-tice, signing documents not prepared by himm orunder his control, knowingly aiding or abettingunauthorized designing of engineer ing systemsas stated under par . (b) by persons not grantedpermits under this section or conviction ' of afelony or adjudication of mental incompetencyby a court of competent jurisdiction . The hear-ing procedures in sub : (13) shall apply to a revo=cation proceeding .- If, after a hearing before thedesigners' section of the examining board, two -thirds of the members of said section vote infavor of sustaining the charges, the examiningboard shall revoke such permit, The action of

the examining board in revoking such permitshall be subject to review under ch 227..

(17) EXEMPT PERSONS, The following per-sons shall be exempt from the permit require-ments as adesigner :

(a) A person holding a certificate of registra-tion in this state who is engaged in the practiceof the profession of' architecture or of profes-sional engineering or a direct employe of'such aregistered person .

(b) Officers and employes of'the U,S, govern-ment while engaged within this state in the prac-tice of the profession of'aichitecture or' of piofes-sional engineering for such government. .

(c) `A person who practices the profession ofprofessional engineering as a regular employe ofa public service company by rendering to suchcompany professional engineering services inconnection with its facilities which are subject toregulation, supervision and control by an agencyof this state,.

(d) Any person who practices the professionof architecture or professional engineering, ex-clusively as a regular employe of a private com-pany by rendering architectural or professionalengineering services in connection with the com-pany's operations, for such time as such personis actually and exclusively employed ; provided ;that such company shall have at least one archi-tect or professional engineer, registered underthe provisions of this section, in charge of suchcompany's architectural or, professional engi-neering work in this state.

(e) A person engaged in the manufacture of aproduct or unit, including laboratory researchaffiliates of thee person ; where the services per-formed, are thee design, assembly, manufacture,sale or installation of that product- or unit ."Product or unit" does not include buildings ordesign of engineering systems as defined in sub,(16) (b)

443.02 Land surveyors . (1) PRACT ICE RE-QUIREMENT'S, REGISTRATION, DEFINITIONS,(a) No person shall, after, .January 31, 1956,practice land surveying in this state of use oradvertise any title or description tending to con-vey the impression that he is a land surveyorunless he has been issued a certificate of regis-tration or granted a permit to practice as pro-vided by this section:.

(b) The term "land surveying" within themeaning and intent of this section means anyservice comprising the determination of the lo-cation of land boundaries and land boundarycorners; thee preparation of maps' showing theshape and area of tracts of land and their subdi-visions' into smaller, ttracts; the preparation ofmaps showing the layout of roads, streets and


443 .02 EXAMIN ING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS 3712

3 A record of 20 years of practice in landsurveying of satisfactory character, which indi-cates that the applicant is competent to beplaced in responsible charge of ' such work, if theapplicant is not less than 45 years of age ; or

4 . An unexpired certificate of registration asa land surveyor issued to him by the properauthority in any state or terr i tory or possessionof the United States or in any other countrywhose requirements meet or exceed the require-ment for registration in this paragraph,.

5 . . A record of satisfactory completion of anapprenticeship training course in land surveyingprescribed by the department of industry, laborand human relations, of' satisfactory characterwhich indicates that the applicant is competentto be placed in responsible charge of ' such work,if ' he has passed a satisfactory oral and writtenor written examination .. .

(4) PERMIT TO rxACricE . The secretary ofthe examining board may grant a permit topractice land surveying during the time his ap-plication is pending to a person who is not reg-istered in this state, if he has submitted an ap-plication for registration as a land surveyor andpaid ,the required fee, if ' such person holds anunexpired certificate which in the opinion of thesecretary of the examining board meets the re-quirements of sub, (3) (a) Such permit shall berevocable by the section at its pleasure.

(5) EXEMPTIONS, The following persons do-ing surveying work are exempt from the provi-sions of this section :

(a) An employe of a land surveyor registeredin this state or authorized to practice under apermit, while working under the supervision ofthe employer . Such exempt employe shall not bein responsible charge of land surveying .

(b) Officers and employes of the United Stateswhile engaged : in land surveying for the UnitedStates .

(c) Employes of thee state of Wisconsinn whileengaged in landd surveying for the state..

(d) Employer of public utilities regulated bythee public servicee commission of Wisconsin inland surveying for such utilities.

(6) FEES; RENEWALS. (a) Application forregistration : as a land surveyor shall be accom-panied by a fee of $10 which shall be retainedby the section. Such application shall entitle theapplicant to undergoo thee oral or written.exami-nations for land surveyors the firstt time suchexaminationsare held after such applicationn ismade, or subsequent examinations, andd to a cer-tificate of registration if the requirements of ' thissection are met . .

(b) The section shall grant a certificate of reg-istration as a land surveyor to any applicant whohas met the requirements of this section . . Such

rights of way of same to give access to smallertracts; and the preparation of official plats, ormaps, of said land in this state.

(c) Authorizations to practice land surveyingby registration or permit to practice shall begranted by the engineering section of ' the exam-ining board of architects and professional engi-neers, referred to in this section as the sectionand examining board, respectively .. The secre-tary of the examiningg board shall be the secie-tary of the section and the laws relating to hisduties as secretary of the : examining board shallapply: to his duties under this section .

(2) REGISTRATION, APPLICATION, QUALIFY-ING EXPERIENCE. . (a) Application for' registra-tion as a land surveyor or a permit to practiceshall be made to the section under oath, onforms: prescribed by the examining board andprovided by the department, which shall re-quire the applicant to submit such informationas the section deems necessary.. The section mayrequire applicants to pass written or oral exami-nations or both: Applicants who are of goodcharacter andd repute shall be . entitled to be reg-istered or issued permit to practice as land sur-veyors when satisfactory evidence is submittedthat the applicantt has met one or more of therequirements of " sub , (3)

(b) Each year, - but not more than 2 years, ofwork ox training completed in a curriculum inland surveying approved by the section, or re-sponsiblecharge of land surveying teaching maybe considered as equivalent to one year of quali-fying experience in land surveying work, andeach year, but not more than 4 years completedin a curriculum other - than land surveying ap-proved` by the section, may be considered asequivalent to one-half year of qualifying expeii-ence.

(3) REQUIREMENTS; CERTIFICATE OF REGIS-TRATION . (a) The section may grant a certifi-cate of registration as a land surveyor to anyperson, who has submitted to it an applicationand the required fees, :and :

I. A record of completion of a course in landsurveying of not less than 2 years' duration ap-proved by the section together with 2 years ofpractice in land surveying workk of satisfactorycharacter ' which indicates that the applicant iscompetent to be placed in responsible charge ofsuch work, if" he has passed a satisfactory oraland written or written examination ; or

2 . A record of 6 years of '. practice in landsurveying of satisfactory character, which indi-cates that the applicant is competent to beplaced in responsible charge of such work, if hehas passed a satisfactory oral and written orwritten examination; or


3713 EXAMINING BOARD OF ARCHITECTS AND PROFESSIONAL ENGINEERS 443.02

certificate shall expire on the 2nd January 31 (c) The time and place for such hearing shallafter the date of its issuance unless renewed ,, be fixed by the section, and a copy of theSuch certificate may be renewed for a period of charges, together with a notice of the time and-2 years during the month of January in which it place of hearing shall be given by personal ser-expires by the payment of a fee of $20 , vice or by registered letter with return receipt

(c) An expired certificate of registration may ' requested; mailed to the last known address ofbe renewed within. 10 months, effective to the such land surveyor, at least 30 days before thesecond January 31 after renewal, on payment of hearing.. The land surveyor so charged shalla - fee of $20 plus $1 for each month or fraction have the right to appear personally and by coun-of' amonth after its expiration. If the certificate sel, to cross-examine witnesses appearinghas expired for longer than 10 months, it may be against him, and to produce evidence and wit-

renewed to the second January .31 after renewal, nesses in his own defense .e

by payment of a fee of $30. (d) If, after such hearing, 3 members vote in(d) The department shall notify every regis- favor of revocation, the section shall revoke the

tered land surveyor of the date of the expiration certificate of registration of such land surveyor

of hiss certificate and the fee required for - its re-and notify him to that effect. The surveyor shall

least one month in advance ofreturn his certificate to the examining board im-

newal, by mail at mediately on receipt of such notice . . The actionsuch expiration , of the section may be reviewed under ch , 227 ..

(e) The fee for reexamination of an applicant (e) The section, for reasons it deems sufficient,for registration shall be $10 . may reinstate a certificate of registration that

1 11

(f) The fee for the issuance of a new certificate has been revoked, if ' .3 members vote in favor ofto replace any certificate lost, destroyed, muti- such reinstatement .lated or reinstated, shall be $3 • (9) PENALTIES; LAW ENFORCEMENT . Any

(7) ROSTER . A roster showing the names and person who violates this section shall be finedmailing, addresses of all registered surveyors nott more. than $500, or imprisoned not moreshall be prepared annually by the secretaryy and than 3 months,: or both :hmade availablee to each registrant or permittee (10) INJUNCTION,: If it appears upon com-at request, and a copy shall be placed on file plaint or is known to the section that any per-with the secretary of state. son: who is not author ized is practicing or offer-

(8) REVOCATION of CERTIFICATE, (a) The ing to practice landd surveying in this state, thesection may revoke the certificate of registra- section, the department of justice or the districttion of any land surveyor ' for the practice of any attorney of the proper county may, in additionfraud or deceit in obtaining the certificate, or to other remedies, br ing action in the namee andany gross negligence, incompetence or miscon- on behalf of the state to enjoin such person

duct in the practice of land surveying, from practicing or offering to practice land sur-

(b) Charges of fraud, deceit, gross negligence, veying,

incompetence or misconduct may be made (11) IrrrarrT. It is the intent of this section

against any surveyor by the section orany per- that registrationn of land surveyors shall be a

..Such charges may be made on information duty of the section and its secretary to the same

sonand belief but shalll be in wr i ting, '

stating the extent as their duties under s . 44 .3 ..01 ;; and that

ific acts,: be signed by the complainant,and the moneys derived from fees collected under

spec this section shall be merged with those collectedsubmitted to the secretary of the examining under s. 443 . 01 ,board . . All charges, unless dismissed by thee sec- (12) ExcErriorr . A license shall not be re-tion ' as trivial, shall be heard by it within 3 quired for"' an owner to survey his own land f'or,months after their , filing . . `` purposes other than for sale .


3703 examini ng board of architectsand...

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