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					                                                                  State-by-State Licensing Matrix1

Alabama              Design Professionals             Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects                        Construction superintendents                   All the officers and voting              Class A misdemeanor
Helpful                                                Farm buildings                                 shareholders must be architects          punishable by a fine not
Resources:                                             Public utilities                               properly registered in AL. For a         less than $100.00 nor
 Ala. Code § 34                                       Residences                                     partnership, at least one partner must   more than $5,000.00”
  et. seq.                                             Buildings less than 2500ft2                    be an architect.
 www.boa.alaba      Engineers and Land                The practice of any other legally              One or more of the principal officers    Class A misdemeanor
  ma.gov             Surveyors                          recognized profession or trade                 and all personnel acting as              punishable by a fine of not
 www.bels.state.                                      Employees of US gov‟t                          professional engineers or land           less than $500.00, nor
  al.us                                                Individuals under the supervision of a         surveyors must be registered             more than $1,000.00
 www.abela.stat                                        licensee
  e.al.us                                              Work on transportation or utility facilities
 www.genconbd                                          which is subject to regulation
  .state.al.us                                         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
                     Landscape Architecture           None listed                                      Business entities may not be licensed,   Class A misdemeanor
                                                                                                       but individuals may practice through     punishable by a fine
                                                                                                       a corporation under certain              between $50-$500 and/or
                                                                                                       conditions                               imprisonment up to 6
                                                                                                                                                months
                     Construction Professionals       Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     General Contractors and           Government employees                           The licensing process applies to         Misdemeanor punishable
                     Subcontractors                    Construction of a residence, or work done      business entities, and the examination   by fine and or

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.
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                                                      to personal property                         may be taken by one or more of the       imprisonment. Further,
                                                     Work related to electric power, natural      responsible managing officers or         contracts are null and void
                                                      gas, or telecommunications by a utility      members of the executive staff of the    as a violation of public
                                                      that is regulated, provided the work is      applicant's firm according to its own    policy and unenforceable
                                                      done under the supervision of a licensed     designation.                             by an unlicensed
                                                      architect or engineer                                                                 contractor
                                                     Routine or regular repair
                                                     A subcontractor is subject to all the
                                                      provisions for general contractors, given
                                                      some exceptions. See §34-8-7
Alaska               Design Professionals           Exemptions                                     Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects, engineers, land     Workers in building trades,                  A corporation must make certain          Misdemeanor punishable
Helpful              surveyors, and landscape        Employees under supervision of a             business filings with AELS.              by fine not to exceed
Resources:           architecture                     licensee                                     Partnerships may practice if all the     $1,000 and/or
 AS 08.48. et.                                      US government employees                      members of the partnership are           imprisonment for not
  seq.                                               Work on residence or farms or                legally registered                       more than a year
 AS 08.18 et.                                        noncommercial buildings under 2,000 ft2,                                              Civil penalties may not
  seq.                                               Licensed specialty contractors,                                                       exceed $5,000 for each
 2 AAC 12.010                                       Alterations that do not change the                                                    offense
  – 12.990                                            structural system, and
 http://www.co                                      Teachers in post-secondary education
  mmerce.state.a     Construction Professionals     Exemptions                                     Treatment of Business Entities           Effect of Violation
  k.us/occ/pael.cf   Covered
  m                  Construction contractors        A representative of the US gov., State of    A partnership or joint venture shall     Class B misdemeanor
 http://www.co                                       Alaska, or an officer of the court;          be considered registered if one of the   and civil penalties not to
  mmerce.state.a                                     Work for a public utility;                   general partners whose name appears      exceed $1,000
  k.us/occ/pcon.h                                    Work with petroleum or gas;                  under which they do business is
  tm                                                 Sale or installation of finished products    registered
                                                      that are not permanent; personal property;
                                                     Work that is less than $10,000 and is
                                                      considered casual or minor;
                                                     Work done by employees on commercial
                                                      property;
                                                     Farm work
Arizona              Design Professionals           Exemptions                                     Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects, Assayers,           An architect, geologist, engineer or         No firm or corporation may engage        Class 2 misdemeanor
Helpful Resources    Certified remediation            landscape architect registered under this    in any such profession unless the
 A.R.S. §32-101     specialists, drug laboratory     chapter may engage in practice in another    work is under the responsible charge

                                                                                    2
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

  et. seq.          site remediation firms,         category regulated pursuant to this           of a party who is registered with the
 AAC R4-30-        engineers, geologists, home     chapter [A.R.S § 32-143] only to the          Board and who is a principal of the
  201 et. seq.      inspectors, landscape           extent that the person is qualified and to    firm or an officer of the corporation.
 www.btr.state.a   architects, and surveyors       the extent that the work may be necessary
  z.us                                              and incidental to the work of the
 www.azroc.gov                                     registrant's profession on a specific
                                                    project. This exception does not apply to
                                                    public works projects. See also §32-144
                    Construction Professionals    Exemptions                                      Treatment of Business Entities           Effect of Violation
                    Covered
                    Contractor                     Government employees                          A business entity must follow the        Class 1 misdemeanor
                                                   Trustees of an express trust that is not      licensing requirements of A.R.S.
                                                    formed for the purpose of conducting          §32-1122                                 A contract entered into by
                                                    business as a contractor or officers of a                                              an unlicensed contractor is
                                                    court, if they are acting within the terms                                             void ab initio and no
                                                    of their trust or office.                                                              contractor may sue in any
                                                   Public utilities operating under regulation                                            AZ court to collect
                                                    of the corporation commission, if the                                                  compensation
                                                    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

                                                                                  3
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                                 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.
Arkansas              Design Professionals     Exemptions                                      Treatment of Business                    Effect of Violation
                      Covered                                                                  Entities
                      Architect                 Professional engineers not using the          2/3 of partners or directors must be     Misdemeanor, punishable
Helpful                                          designation of „architect‟                    registered under the law of any state    by a fine $50 - $500; or
Resources:                                      Employees of those licensed                   to practice architecture or              imprisonment > 3 months
 A.C.A. Title                                  Government employees                          engineering & they must manage the
  17, Chapters                                  Personal use                                  practice                                 It is unlawful for an
  15, 25, 28, 30,                               Millworkers, woodworkers, and sash &                                                   unregistered person to
  33, 35, 36, 48,                                door manufacturers                                                                     collect a fee for
  and 50                                                                                                                                architectural services
 http://www.ark      Engineers                 Non-resident engineers qualified to do        Entity may only engage in                Misdemeanor, punishable
  ansas.gov/pels/                                business in another state and obtains a       engineering through its agents or        by a fine $100 - $1,000; or
 http://www.ark                                 temporary permit                              employees and only if one of the         imprisonment > 3 months
  ansas.gov/asbla                               Interns and employees of those lawfully       owners is a professional engineer and
  /                                              practicing                                    the work is done under their
 http://www.ark                                                                               supervision and direction
  ansas.gov/arch/     Interior Design           Interior „decorators‟                         For a business entity to claim such      Class A misdemeanor
 http://www.ark                                Architects and others who render such         services, the persons providing the
  ansas.gov/clb/                                 services, but do not use the title of         services of interior design must be in
 http://www.ark                                 “registered interior designer”                the responsible charge of a registered
  ansas.gov/labor                                                                              interior designer.
  /divisions/electr   Landscape Architecture    Persons action under supervision of           Not expressly provided                   Misdemeanor punishable
  icalexam_p1.ht                                  someone licensed                                                                      by a fine of not less than
  ml                                            Government employees working on a                                                      one $100 and not more
                                                  government project                                                                    than $500 and/or
                                                Regional and urban planners                                                            imprisonment for not
                                                Architects and engineers                                                               more than 1 year
                                                Other miscellaneous persons whose work
                                                  involves plants and irrigation
                      Surveyor                 Examination may be waived for applicants        All surveys must be signed and           Misdemeanor, punishable
                                               registered in a state with qualifications not   stamped with the signature and seal      by a fine $50 - $100;
                                               less than those required by Arkansas            of a registered land surveyor who        and/or imprisonment > 3
                                                                                               will be held responsible                 months

                                                                                4
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

                 Construction Professionals    Exemptions                                      Treatment of Business Entities            Effect of Violation
                 Covered
                 Contractors                    Authorized representatives of                 Business entities must be licensed,       Misdemeanor, punishable
                                                 governmental entities                         but any other information was not         by a fine $100 - $200 per
                                                Architects and engineers – in certain         expressly provided                        offense (each day = 1
                                                 situations                                                                              offense)
                 Electricians                   Work done by a public utility, rural          Any person, member, or employee of        Civil penalties of $250 for
                                                 electrical association or cooperative, any    a firm, partnership, or corporation       a first offense; $750 for a
                                                 municipally owned utility, transmission       desiring to engage in the business of     second offense; or $1000
                                                 or distribution lines or facilities           electrical contractor may apply for       for a third offense.
                                                Work on telephone equipment, computer         and be issued a license
                                                 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
                 Heating, Ventilation, Air      Persons licensed by the Liquefied             Business entities are licensed            Fine, not to exceed $250
                 Conditioning, Refrigeration     Petroleum Gas Board                           according to similar standards as         per violation
                 Workers                        A variety of appliances and other             individuals
                                                 products and service under A.C.A. §17-                                                  Not entitled to a lien for
                                                 33-102                                                                                  work done in violation of
                                                                                                                                         licensure
                 Homebuilders                   When constructions personal residence,        Not expressly provided                    A hearing shall be
                                                 unless building more than one during any                                                conducted by the
                                                 year                                                                                    Residential Building
                                                                                                                                         Contractors Committee
                 Plumbers                       Work done by property owner, unless           Not expressly provided                    Fine not to exceed $500
                                                 required by local ordinance                                                             per violation and/or
                                                Work done on buildings primarily used                                                   imprisonment for < 30
                                                 for agriculture, unless connected to public                                             days
                                                 water system

                                                                               5
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                               Minor repairs
                                               A certified individual certifying or
                                                repairing backflow devices
                                               Work on storm sewer systems not
                                                connected to a sanitary sewer
                    Water Well Constructors   None – you must be licensed or work under       Not expressly provided                    Class A or B
                                              supervision of one licensed                                                               Misdemeanor, punishably
                                                                                                                                        by a fine < $2,500 per
                                                                                                                                        offense
California          Design Professionals      Exemptions                                      Treatment of Business Entities            Effect of Violation
                    Covered
                    Engineers                  Employees in the communication                Not expressly provided                    Misdemeanor, punishable
Helpful              Electrical                industry, or work on communication                                                      by a fine up to $1,000,
Resources:           Civil                     equipment                                                                               and/or up to 3 months in
 California         Professional             Licensed architect                                                                      jail
  Business and       Mechanical               Supervised by someone licensed
  Professions                                  Family dwellings, wood frame garages or
  Code, Division                                agricultural buildings
  3, Chapters: 3,                              Contractors performing electrical or
  7, 9,                                         mechanical work under supervision
 CA Bus. &                                    Non-resident qualified in another state
  Prof. Code §                                 Personal property work
  7000, et. seq.                               Work on storefronts, interior alteration or
 http://www.cab.                               additions, etc.
  ca.gov/                                      Landscape contractor
 http://www.dca.   Architects                 Structural, professional, and civil           Each director, shareholder, and            Suspension
  ca.gov/pels                                   engineers                                     officer of a professional architectural    Imposition of
 http://www.cslb                              Landscape architects                          corporation shall be a licensed person      conditions to obtain a
  .ca.gov/                                     Land surveyors                                as defined in the Moscone-Knox              license
                                               Certain contractors                           Professional Corporation Act.              Fine up to $5,000
                                               Certain single family dwellings
                                               When preparing storefronts

                    Landscape Architects       Licensed architect, professional engineer,    No partnership, firm, or corporation      Misdemeanor, punishable
                                                land surveyor, landscape contractor,          shall engage in the practice of           by a fine of $100 - $5,000,
                                                geologist or geophysicist                     landscape architecture unless the         and/or imprisonment in
                                               Golf course architects                        work is under the immediate and           the country jail no
                                               Irrigation consultant                         responsible direction of a licensee of    exceeding 6 months
                                               Professional services rendered when the       the board.
                                                client does not pay compensation

                                                                               6
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                 State-by-State Licensing Matrix

                                                    A manufacturing, mining, public utility,
                                                     research and development, or other
                                                     industrial corporation which is incidental
                                                     to their work
                                                    Public agency
                      Construction Professionals   Exemptions                                        Treatment of Business Entities            Effect of Violation
                      Covered
                      Contractors                   Authorized repair of Gov‟t property             Business entities are treated as          Without License
                                                    Officer‟s of the court within the scope of      persons under Bus. & Prof. Code            Misdemeanor: Fine
                                                     their employment                                §7025                                       20% of the price of the
                                                    Public utilities under regulation of state                                                  work, or $4,500,
                                                     RR commission                                                                               whichever is greater, or
                                                    Public utilities for certain work relating to                                               imprisonment for no
                                                     gas, heat, and electricity                                                                  less than 90 days
                                                    Oil and gas exploration
                                                    Owner working on personal property                                                        Use of another‟s license
                                                    Work for less than $500                                                                    Fraud: Fine of up to
                                                    Work on irrigation/drainage ditches                                                         $10,000 or
                                                    Registered civil or professional engineers                                                  imprisonment
                                                     or licensed architects
                                                    Supplies of materials
                                                    Alarm company operators
                                                    Satellite antenna system installation
Colorado              Design Professionals         Exemptions                                        Treatment of Business Entities            Effects of Violation
                      Covered
                      Architects                    1-4 family residential dwellings                A majority of the individual officers     First offense: class 2
Helpful                                             Garages, industrial buildings, small            and directors or members or partners      misdemeanor
Resources:                                           offices, marketing storage, and farm            are either licensed architects under      Second offense: class 6
 C.R.S. §12-25-                                     buildings under certain conditions              this part 3 or persons who qualify for    felony
  101 et. seq.                                      Additions, alterations or repairs to the        a license by endorsement under
 http://www.dor                                     foregoing buildings that are non-               section 12-25-314(3)
  a.state.co.us/aes                                  structural
  /                   Engineers                     Personal work performed                         Professional engineers may practice       First offense: class 2
                                                    Work of agricultural nature                     as individuals or partners or through     misdemeanor
                                                    Professional land surveying                     joint stock associations, registered      Second offense: class 6
                                                    Employees of city, county, municipality,        limited liability partnerships, limited   felony
                                                     or municipality                                 liability companies, or corporations.
                                                    Architects                                      In the case of practice through a
                                                    Utilities                                       partnership, at least one of the
                                                                                                     partners shall be a professional

                                                                                     7
Plenary 2: Managing the Swell of Conflicting Regulation                                                                           State-by-State Licensing Matrix

                                                                                               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.

                 Land Surveyors                  The work of an employee or subordinate       Business entities are not licensed. In     First offense: class 2
                                                  of a professional land surveyor              order to practice land surveying in        misdemeanor
                                                 The practice of employees of the federal     this state the individual in responsible   Second offense: class 6
                                                  government                                   charge of the land surveying               felony
                                                 The rights of any other legally recognized   activities of the organization must be
                                                  profession.                                  a professional land surveyor, and is
                                                                                               responsible for the work

                 Construction Professionals Exemptions                                         Treatment of Business Entities             Effects of Violation
                 Covered
                 Colorado does not require the licensure of contractors at the state level
Connecticut      Design Professionals            Exemptions                                    Treatment of Business Entities             Effects of Violation
                 Covered
                 Architects                       The practice of engineering by a licensed   The practice of architecture or the        Fine of not more than
Helpful                                            professional engineer incidental to his     offer to practice architecture in this     $500, and/or
Resources:                                         work.                                       state by individual licensed architects    imprisonment for not
 Conn. Gen.                                      The construction or alteration of a 1-2     under the corporate form or by a           more than one year
  Stat. Ann.                                       family residential dwellings, or other      corporation, a material part of the

                                                                                8
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

  Titles 20 and 29                                 accessory building intended for use with      business of which includes
 http://www.ct.g                                  such residential building, or of any farm     architecture, is permitted, provided
  ov/dcp/cwp/vie                                   building or structure for agricultural use;   (1) such personnel of such
  w.asp?a=1624                                    The preparation of details and shop           corporation as act in its behalf as
  &q=273664                                        drawings by persons other than architects,    architects, its chief executive officer
                                                   for use in execution of the work of such      and the holder or holders of not less
                                                   persons, when buildings are designed in       than two-thirds of the voting stock
                                                   accordance with the requirements of this      thereof are licensed under the
                                                   chapter;                                      provisions of this chapter, and (2)
                                                  The superintendence by builders, or           such corporation has been issued a
                                                   properly qualified superintendents            certificate of authorization by the
                                                   employed by such builders, of the             board. No such corporation shall be
                                                   construction or structural alteration of      relieved of responsibility for the
                                                   buildings or structures;                      conduct or acts of its agents,
                                                  The activities of officers and employees      employees or officers by reason of its
                                                   of any public utility corporation whose       compliance with the provisions of
                                                   operations are under the jurisdiction of      this section, nor shall any individual
                                                   the Department of Public Utility Control;     practicing architecture be relieved of
                                                  Employees of the US government, or a          responsibility for architectural
                                                   licensed architect                            services performed by reason of his
                                                  Work on a building that contains less than    employment or relationship with such
                                                   5,000 ft2 total area, provided certain        corporation.
                                                   conditions
                     Engineers and Surveyors      An employee supervised by someone             The personnel which acts on behalf         Fine of not more than
                                                   licensed                                      of the entity as engineers or land         $500 and/or imprisonment
                                                  Any corporation whose operations are          surveyors must be licensed or              of not more than three
                                                   under the jurisdiction of the Department      exempt, the entity must be issued a        months
                                                   of Public Utility Control                     certificate of registration by the board
                                                  Any manufacturing or scientific research      as provided in this section.
                                                   and development corporation which
                                                   performs engineering incidental to their
                                                   work
                                                  Federal employees; and
                                                  Licensed architects in the performance of
                                                   work incidental to their profession.
                     Landscape Architects         Licensed registered architects and any        Not expressly provided                     Fine of not more than
                                                   professional registered engineer                                                         $250, and/or imprisoned
                                                  Nurserymen, landscape nurserymen,                                                        for not more than 3
                                                   gardeners, landscape gardeners, and                                                      months
                                                   general or landscape contractors

                                                                                 9
Plenary 2: Managing the Swell of Conflicting Regulation                                                                           State-by-State Licensing Matrix

                                                  Work on personal property
                    Interior Design               Reciprocity may be available for those       Not expressly provided                   Fine of not more than
                                                   from states with requirements equal to                                                $500 and/or imprisoned
                                                   those of the National Council for Interior                                            for not more than one year
                                                   Design Qualifications
                    Construction Professionals   Exemptions                                     Treatment of Business Entities           Effects of Violation
                    Covered
                    Home Improvement              Government employees: state and federal      A corporation must obtain a              Class B misdemeanor
                    Contractor                    Any school, public or private, offering as   certificate of registration by the
                                                   part of a vocational education program       commissioner. They shall not be
                                                   courses and training in any aspect of        relieved of responsibility for the
                                                   home improvements; and                       conduct and acts of its agents,
                                                  Any person holding a current professional    employees or officers by reason of its
                                                   or occupational license issued pursuant to   compliance with the provisions of
                                                   the general statutes                         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.
                    Major Contractors, Major     See ABA Guide pgs. 150 – 152 for relevant      See ABA Guide pgs. 150 – 152 for         See ABA Guide pgs. 150
                    Mechanical                   statutory references                           relevant statutory references            – 152 for relevant
                    Contractor, Electrical,                                                                                              statutory references
                    Mechanical, and Elevator
                    Contractors, Subsurface
                    Sewage Disposal System
                    Installers, Environmental
                    Professionals, Asbestos
                    Abatement Contractors,
                    Lead Abatement
                    Contractors, Crane
                    Operators, Well Drilling
                    Contractors, Demolition
                    Contractors
Delaware            Design Professionals         Exemptions                                     Treatment of Business Entities           Effect of Violation
                    Covered
                    Architecture                 Reciprocity may be available                   The right to engage in the practice of   Civil penalty of not more
Helpful                                           1-2 family dwellings, and any incidental     architecture shall be deemed a           than $2,500 for the first
Resources:                                         buildings                                    personal right, based upon the           offense; and not more than
 24 Del. C. §301                                 Farm buildings, including barns, silos,      qualifications of the individual as      $5,000 for the second and

                                                                                10
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

  et. seq.                                      sheds or housing for farm equipment and       evidenced by a certificate of             each subsequent offense
 30 Del. C.                                    livestock; or                                 registration, which shall not be
  §2501, et. seq.                              Any work that does not affect structural      transferable.
 http://dpr.delaw                              or other safety features of the structure
  are.gov/boards/                               and when the work contemplated by the
  architects/index                              design does not require the issuance of a
  .shtml                                        permit under applicable building codes
 https://www.da                               work done under the direct responsibility
  pe.org/index.as                               and supervision of such person or
  p?                                            organization lawfully practicing
 http://revenue.d                              architecture
  elaware.gov/ser                              Licensed professional engineer, when
  vices/Business_                               such practice is incidental to what may be
  Tax/Cont_New.                                 properly considered an engineering
  shtml                                         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
                     Engineers                 An employee or a subordinate of a             An engineering corporation or             Fine up to $5,000
                                                licensee who is under supervision             partnership must have a certificate of
                                               Licensed architects whose work is             authorization in order to practice.
                                                incidental to their practice                  Someone must be licensed and
                                                                                              appointed as being in responsible
                                                                                              charge of all activities and decisions
                     Land Surveyors            Licensed engineer or architect                A professional land surveying             Misdemeanor, punishable
                                               Any person teaching land surveying            corporation or partnership must have      by a fine between $500 -
                                               US government employees                       a certificate of authorization in order   $1,000 for a first offense,
                                               Individuals practicing under supervision      to practice. Someone must be              and between $1,000 -
                                                of a licensed land surveyor                   licensed and appointed as being in        $2,000 for a subsequent
                                                                                              responsible charge of all activities      offense
                                                                                              and decisions
                     Landscape Architects   Reciprocity may be available                      One or more of the principals is          Initial fine of $50, which
                                                                                              designated as being responsible for       increases by $250 for each
                                                                                              any services in the practice of           subsequent offense
                                                                                              landscape architecture on behalf of

                                                                             11
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

                                                                                                  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.
                     Construction Professionals   Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Contractors                  None listed                                     Business entities must comply with        Civil penalty of not more
                      General                                                                    the same licensing requirements of        than $10,000 for each
                      Subcontractors                                                             individuals                               occurrence.
                                                                                                                                            Misdemeanor punishable
                                                                                                                                            by a fine not more than
                                                                                                                                            $3,000, and/or imprisoned
                                                                                                                                            not more than 6 months
District of          Design Professionals         Exemptions                                      Treatment of Business Entities            Effect of Violation
Columbia             Covered
                     Architects                    Federal government employees                  Not expressly provided                    First offense:
                                                   Any person who has a license or                                                         imprisonment not to
Helpful                                             certificate issued by the federal                                                       exceed one year, and/or a
Resources:                                          government permitting that person to                                                    fine not to exceed $10,000
 D.C. Code Ann.                                    provide particular occupational or                                                      Second offense:
  §47-2853.01 et.                                   professional services provided it is within                                             imprisonment not to
  seq., § 47-                                       the scope of their license                                                              exceed one year, and/or a
  2886.01 et.                                                                                                                               fine not to exceed $25,000
  seq., §47-         Engineers                     Licensed non-resident practicing for less     Not expressly provided                    Misdemeanor punishable
  2851.01 et. seq.                                  than 30 days per calendar year                                                          by a fine of not more than
 D.C. Code Ann.                                   Recent resident who has submitted an                                                    $500 or imprisonment for
  § 17-3400 et.                                     application for registration                                                            not more than 1 year, or
  seq., § 17-1500                                  Employees of the government                                                             both. Civil fines, penalties,
  et. seq., § 16-                                  Work incidental to another licensed                                                     and fees may also be
  800 et. seq.                                      profession                                                                              imposed as alternative
 http://dcra.dc.g                                 Buildings that do not cover over 1,000 ft2                                              sanctions for any
  ov/dcra/cwp/vie                                   of ground area and does not have a height                                               infraction
  w,a,1342,q,600                                    of over 20 feet to the uppermost ceiling,
  813,dcraNav_G                                     or 2 habitable floors above a basement
  ID,1691,dcraNa     Construction Professionals   Exemptions                                      Treatment of Business Entities            Effect of Violation
  v,|33408|.asp      Covered
                     Asbestos workers,            Same as for architects                          Not expressly provided                    Same as for architects

                                                                                  12
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                  State-by-State Licensing Matrix

                     Electricians, Land
                     Surveyors, Operating
                     Engineers, Plumber/gas
                     fitters, Refrigeration and air
                     condition mechanics, and
                     steam engineers
Florida              Design Professionals             Exemptions                                      Treatment of Business Entities             Effect of Violation
                     Covered
                     Architecture                      Farm projects                                 The individual who signs and seals         Misdemeanor of the first
Helpful               Interior design                 Residence buildings                           the construction documents and             degree, punishable as
Resources:            Landscape architecture          Any other type of building costing less       instruments of service or the interior     provided in s. 775.082 or
 FL Statutes §                                         than $25,000; except buildings intended       design drawings shall be liable for        s. 775.083.
  481.201 et.                                           for public use                                the professional services performed
  seq., § 471.001    Engineering                       Public officer employed by the state          Partnership and all partners all jointly   Same as above
  et. seq., §                                           government on projects less than $10,000      and severally liable for acts
  472.001 et.                                          Employees of a corporation who work on        committed by their agents acting in
  seq., § 489.101                                       the design or fabrication and servicing of    their professional capacity.
  et. seq.                                              manufactured products                         Employees are also personally liable.
 http://www.myf                                       Employees of a public utility or other        The corporation is liable, up to the
  loridalicense.co                                      entity subject to regulation by certain       full value of its property
  m/dbpr/index.ht                                       commissions
  ml                 Land Surveying and                US government employees, or employees         Businesses must be licensed with the       Same as above
                     Mapping                            of the State under certain conditions         Department. Partnerships and all
                                                       A registered professional engineer for        partners are jointly and severally
                                                        services incidental to the practice of        liable for the negligence, misconduct
                                                        engineering                                   and wrongful acts committed by their
                                                       The following persons when performing         agents. Employees of other business
                                                        construction layout from boundary,            organizations shall be personally
                                                        horizontal, and vertical controls that have   liable
                                                        been established by a registered
                                                        professional surveyor and mapper: certain
                                                        contractors and professional engineers
                                                       Persons employed by county property
                                                        appraisers and the Department of
                                                        Revenue, to prepare maps for property
                                                        appraisal purposes only, but only to the
                                                        extent that they perform mapping services
                                                        which do not include any surveying
                                                        activities
                                                       Reciprocity privileges also exist

                                                                                     13
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                 Construction Professionals    Exemptions                                      Treatment of Business Entities           Effect of Violation
                 Covered
                 Construction Contracting      See FL Stat. §489.103 – some include:           It may only be certified or registered   Fines or other penalties
                  General, Building,           Bridges, roads, streets, highways, or RR;     in the category of business for which
                   Residential, Sheet Metal,    Authorized gov‟t employees                    the qualifying agent is certified or
                   Roofing, Air                 Public utilities                              registered.
                   Conditioning,                Owners of property
                   Mechanical, pool/spa,
                   Plumbing, Underground
                   Utility and Excavation,
                   Solar, Pollutant Storage
                   Systems, and Specialty
                   Contractors
                 Electrical and Alarm           Employees of a certificate holder under       The business must apply for a            Misdemeanor of the first
                 System Contracting              certain circumstances                         license, the registration or             degree, punishable as
                                                An authorized employee of the United          certification when issued must be        provided in s. 775.082 or
                                                 States, this state, or any municipality,      issued in the name of the qualifying     s. 775.083.
                                                 county, irrigation district, reclamation      agent.
                                                 district, or any other municipal or
                                                 political subdivision of this state with
                                                 certain exceptions
                                                An officer appointed by a court when he
                                                 or she is acting within the scope of his or
                                                 her office as defined by law or court
                                                 order.
                                                Public utilities, on construction,
                                                 maintenance, and development work
                                                 performed by their forces and incidental
                                                 to their business.
                                                The sale or installation of any finished
                                                 products, materials, or articles of
                                                 merchandise which are not actually
                                                 fabricated into, and do not become a
                                                 permanent fixed part of, the structure.
                                                Other exemptions may be found at: FL
                                                 ST § 489.503
                 Septic Tank Contracting       None listed                                     One or more principal officer of the     Misdemeanor of the first
                                                                                               business and all personnel who act on    degree, punishable as
                                                                                               its behalf must be registered, and the   provided in s. 775.082 or
                                                                                               business must be issued a Certificate    s. 775.083.

                                                                               14
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                State-by-State Licensing Matrix

                                                                                                     of Authorization by the Department
Georgia               Design Professionals          Exemptions                                       Treatment of Business Entities            Effect of Violation
                      Covered
                      Architects                       Residential buildings                        They are not registered or licensed as    Misdemeanor
Helpful                                                Farm buildings                               professionals; instead individuals are
Resources:                                             Single-story buildings <5,000 ft2            registered or licensed. But, a business
 O.C.G.A. § 43-                                       Non-load-bearing interior construction in    may still be held liable
  4-1, et. seq.                                         existing or planned office buildings
 O.C.G.A. § 43-      Interior Designers               Registered architect                         Same as above                             Misdemeanor
  23-1, et. seq.      Landscape Architects             Prime contractors installing personal        Same as above                             Misdemeanor
 O.C.G.A. § 43-                                        designs
  15-1, et. seq.                                       Gardner or nurserymen
 O.C.G.A. § 43-                                       Persons qualified by training, experience,
  41-1, et. seq.                                        or both who offers services as a
 http://sos.georgi                                     municipal, regional or urban planner
  a.gov/plb/archit                                     Government employees
  ects/               Engineers and Land               Government employees                         Same as above, but firms must also        Misdemeanor and Civil
 http://sos.georgi   surveyors                        Projects costing less than $100,000          be issued a certificate of                penalties punishable by a
  a.gov/plb/lands                                      Private or non-commercial projects           authorization                             fine of $ 100.00 but not
  cape/board_me                                        Farm buildings                                                                         more than $ 5,000.00 per
  mbers.htm                                                                                                                                    violation.
 http://sos.georgi   Construction Professionals    Exemptions                                       Treatment of Business Entities            Effect of Violation
  a.gov/plb/pels/     Covered
 http://sos.georgi   General and Residential        Work valued at less than $2,500                A business must submit its                Criminal fines not less
  a.gov/plbnews/      Contractors                    Specialty contractors, under certain           application through an individual         than $500, imprisonment
  contractors/defa                                    conditions                                     “qualifying agent”                        of three months, or both
  ult.htm                                            Contractors pre-qualified, Owners, Repair
                                                      work
                                                     Architects, interior designers, and
                                                      engineers
                                                     Agricultural buildings or manufactured
                                                      homes
                      Specialty Contractors          Projects including less than 10 continuous     An entity may practice, provided the      Civil penalties in an
                       Electrical, plumbers,         linear feet or ten square feet of material     person or persons that actually           amount up to $10,000.00
                        conditioned air, low-         constructed of asbestos                        engage in the performance of such         per violation
                        voltage, and utility; and                                                    business on a full-time basis have        Misdemeanor punishable
                        any asbestos related work                                                    valid licenses issued to them as          by a fine of not more than
                        or fire-protection                                                           provided for in this chapter.             $1,000.00 and/or
                        sprinkler                                                                                                              imprisoned for not more
                                                                                                                                               than six months

                                                                                     15
 Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                       Nonresident Contractors       when the total contract price or              Business must obtain a certificate of   Misdemeanor punishable
                                                      compensation to be received amounts to        authority from the GA Secretary of      by a fine of $500
                                                      less than $10,000.00                          State and maintain a registered agent   Failure to be licensed does
                                                                                                    in GA                                   not impair the validity of
                                                                                                                                            the contract, nor does it
                                                                                                                                            prevent the organization
                                                                                                                                            from defending itself
                                                                                                                                            against a suit in GA
 Hawaii                Design Professionals         Exemptions                                      Treatment of Business Entities          Effect of Violation
                       Covered
                       Architects, Engineers.        Employees of the US government                A business entity may practice          Fine of not more than
 Helpful               Landscape Architects, and                                                    provided that the person directly in    $500 for an individual or
 Resources:            Surveyors                                                                    charge is duly licensed, and their      $1,000 for a corporation,
 Haw. Rev. Stat.                                                                                   name has been filed with the            or imprisonment of not
  §§ 464-1 to -15                                                                                   licensing board by the entity           more than one year, or
  and §§ 444-9                                                                                                                              both.
 Butler v.            Construction Professionals   Exemptions                                      Treatment of Business Entities          Effect of Violation
  Obayashi, 785        Covered
  P.2d 1324            Contractors                   Government employees                          Business entities follow the same       Civil penalties, fines
 http://hawaii.gov                                  Any person acting as a receiver, trustee      procedure as individuals in obtaining   and/or imprisonment, with
  /dcca/areas/pvl/b                                   in bankruptcy, personal representative, or    licensure                               increased punishment for
  oards/electrician/                                  any other person acting under any order                                               violations against the
 http://hawaii.gov                                   or authorization of any court;                                                        elderly
  /dcca/areas/pvl/b                                  Work relating to finished products that
  oards/engineer/                                     are not actually fabricated into and do not
 http://hawaii.gov                                   become a permanent fixed part of the
  /dcca/areas/pvl/b                                   structure, or to the construction,
  oards/contractor/                                   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

                                                                                   16
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                              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.
Idaho                Design Professionals   Exemptions                                       Treatment of Business Entities          Effect of Violation
                     Covered
                     Architects              The practice of engineering or any other       A license cannot be issued to a         Misdemeanor punishable
Helpful                                       profession or trade for which a license is     business                                by a fine of $100 – $500,
Resources:                                    required under any law of this state,                                                  and/or imprisonment for a
 ID Code §§ 54-                             US government employees                                                                period not exceeding 3
  301 et. seq.; -                            Individuals working under the                                                          months
  3001 et. seq.; -                            supervision of those lawfully practicing
  1201 et. seq.; -                            as architects, including interns
  2620 et. seq.; -                           Work where such building is to be, or is
  1001 et. seq., -                            used as a single or multiple family
  5201 et. seq.; -                            residence not exceeding 3 units or 2
  1901 et. seq.                               stories in height, or as a farm building; or
 http://www.stat                             for the purpose of outbuildings or
  e.id.us/business                            auxiliary buildings in connection with
  /licensing.html                             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

                                                                             17
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                              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.
                 Landscape Architects        Supervised employees of someone               Certificates of registration are issued   Misdemeanor
                                              licensed in this area                         only to natural persons and not to
                                             Business conducted in this state by any       firms or corporations
                                              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.
                 Engineers and Land          The practice of any other profession or       All personnel of such business entity,    Misdemeanor
                 Surveyors                    trade for which a license is required         who act in its behalf as professional
                                             The work of an employee or a                  engineers or professional land
                                              subordinate of a person licensed              surveyors in must be lawfully
                                             Any individual teaching upper division        practicing, and further provided that
                                              engineering subjects that are classified as   said business entity has been issued a
                                              engineering design for any college or         certificate of authorization by the
                                              university                                    board
                                             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

                                                                           18
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                                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.
                 Construction Professionals   Exemptions                                      Treatment of Business Entities         Effect of Violation
                 Covered
                 Plumbers                      Work in a single or duplex family             A responsible member of the entity     Misdemeanor punishable
                                                dwelling, including accessory buildings,      must take the examination and be       by a fine of not less than
                                                provided certain conditions are met           issued a certificate                   $10 or more than $300, or
                                               Farm buildings located outside the                                                   to imprisonment in the
                                                incorporated limits of any city unless                                               county jail not to exceed
                                                such buildings are connected to a public                                             30 days, or both.
                                                water or sewer system                                                                Civil penalties up to
                                               Logging, mining or construction camps                                                $1,000 per offense
                                                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

                                                                              19
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                             Water treatment installations and repairs
                                              when installed in residential or business
                                              properties, provided certain conditions
                                             Plumbing work within modular buildings
                                              as defined in section 39-4301, Idaho
                                              Code, that are constructed in the state of
                                              Idaho for installation on building sites
                                              outside the state; provided however, that
                                              no modular building shall be installed on
                                              a building site in the state of Idaho until it
                                              has been approved and bears the insignia
                                              of approval of the division as being in
                                              compliance with the requirements set
                                              forth in section 39-4304, Idaho Code.
                                             Other licensed individuals
                 Electrical Contractors      Any property owner performing electrical         Must be licensed                       Misdemeanor, and civil
                                              work in the owner's primary or secondary                                                penalties established by
                                              residence or associated outbuildings;                                                   administrative rule but not
                                             Any person regularly employed as a                                                      to exceed $1,000
                                              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
                 Contractors                 Professionals who are otherwise licensed         Business entities must be licensed     Misdemeanor punishable
                                              or regulated by the state                        similarly to individuals               by a fine not to exceed
                                             See also I.C. § 54-5205                                                                 $1,000 and/or
                                                                                                                                      imprisonment not to
                                                                                                                                      exceed 6 months
                 Public Works Contractors    Government employee                              Business entities must be licensed     Misdemeanor punishable
                                             Officers of a court when they are acting         similarly to individuals               by a fine not to exceed
                                              within the scope of their office.                                                       $5,000 and/or
                                             Public utilities operating under the                                                    imprisonment not to
                                              jurisdiction of the public utilities                                                    exceed 1 year
                                              commission of the state of Idaho on

                                                                              20
Plenary 2: Managing the Swell of Conflicting Regulation                                                                     State-by-State Licensing Matrix

                                            construction, maintenance and
                                            development work incidental to their own
                                            business.
                                           The sale or installation of any finished
                                            products which are not actually fabricated
                                            into and do not become a permanent fixed
                                            part of the structure.
                                           Work on personal property.
                                           Work on US government property
                                           Work incidental to irrigation and drainage
                                            ditches of regularly constituted irrigation
                                            districts, drainage districts or reclamation
                                            districts, except when performed by a
                                            person required to be licensed under this
                                            chapter.
                                           Duly licensed architects, licensed
                                            engineers, and land surveyors when
                                            acting solely in their professional
                                            capacity.
                                           Work where there is an estimated cost of
                                            less than $10,000, or a project estimated
                                            to cost less than $50,000 for which no
                                            responsive statement of interest was
                                            received from a licensed public works
                                            contractor when statements of interest
                                            were solicited as provided in section 67-
                                            2805, Idaho Code.
                                           Any construction, operation, alteration or
                                            maintenance of a solid waste disposal site
                                            including those operated by, for, or at the
                                            direction of a city or a county.
                                           Any construction, operation or repair
                                            carried on in response to an emergency
                                            that has been officially declared by the
                                            governor, or an emergency that has been
                                            declared by a governing body (city or
                                            county) in anticipation of a governor's
                                            declaration, for a period of time not to
                                            exceed 7 calendar days.
Illinois         Design Professionals     Exemptions                                       Treatment of Business Entities         Effect of Violation

                                                                          21
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                      Covered
                      Architects                  Single, or two-family residence with           The business must register with the        Civil fines up to $10,000,
Helpful                                            certain restrictions                           Department and have a resident             and mental and/or
Resources:                                        The building, remodeling or repairing of       architect overseeing the practices. 2/3    physical examination by
 225 ILCS 305                                     any building or other structure outside of     of its board/partners/ members must        physicians designated by
  et. seq.                                         the corporate limits of any city or village,   be licensed in any state to practice       the Department.
 225 ILCS 310                                     where such building or structure is to be,     architecture, professional
  et. seq.                                         or is used for farm purposes, or for the       engineering, land surveying or
 225 ILCS 315                                     purposes of outbuildings or auxiliary          structural engineering; and the person
  et. seq.                                         buildings in connection with such farm         having the practice must be a
 225 ILCS 325                                     premises.                                      director/gen. partner/member and
  et. seq.                                        Interior design services for buildings         hold a license
 225 ILCS 340                                     which do not involve life safety or
  et. seq.                                         structural changes.
 225 ILCS 320        Interior Designers          Architects                                     Not expressly provided                     Civil fines up to $5,000
  et. seq.                                        Professional and Structural engineers                                                     and mental and/or
 225 ILCS 345                                    Those who do not profess to be                                                            physical examination by
  et. seq.                                         “registered interior designers”                                                           physicians designated by
 http://www.idfp                                                                                                                            the Department.
  r.com/dpr/who/      Landscape Architecture      Persons with a certificate of qualifications   Business entities are licensed             Civil fines up to $1,000,
  archt.asp                                        from the National Council of Landscape         according to the same process as           and mental and/or
 http://www.idfp                                  Architecture Registration Board or             individuals                                physical examination by
  r.com/dpr/WH                                     registration from another state with                                                      physicians designated by
  O/lanar.asp                                      substantially equivalent requirements may                                                 the Department.
 http://www.idfp                                  be exempted from the examination
  r.com/dpr/WH                                     requirement
  O/lansv.asp         Professional Engineering    Certain government employees                   There must be one or more of the           Revocation or suspension
 http://www.idfp                                 People performing activities ordinarily        managing agents in charge of the           of license or the
  r.com/dpr/WH                                     performed by: chief engineer of plant          professional engineering activities in     imposition of fines up to
  O/pe.asp                                         operation, chief operating engineer,           Illinois with valid, active licenses. In   $10,000, and mental
 http://www.idfp                                  locomotive, stationary, marine, power          a sole proprietorship, it must be          and/or physical
  r.com/dpr/WH                                     plant or hoisting and portable engineers,      operated by a person who holds a           examination by physicians
  O/se.asp                                         electrical maintenance or service              license as a professional engineer or a    designated by the
 http://www.idp                                   engineers, personnel employed in               structural engineer. [sole                 Department.
  h.state.il.us/env                                construction, operation or maintenance of      proprietorship owned and operated
  health/asbestos.                                 street lighting, traffic control signals,      by a professional engineer with an
  htm                                              police and fire alarm systems,                 active license is exempt from the
 http://www.idp                                   waterworks, electric, and sewage               registration requirements of a
  h.state.il.us/env                                treatment, and those who supervise the         professional design firm]
  health/lead.htm                                  operation of machinery of construction or

                                                                                  22
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

 http://www.idp                                     installation of equipment within a plant
  h.state.il.us/env                                  which is under such person‟s immediate
  health/plumbin                                     supervision
  g.htm                                             Work done for private use
 http://www.idfp     Structural Engineering        Draftsmen, students, clerks of work,         Design firms seeking registration        Mental and/or physical
  r.com/dpr/who/                                     superintendents and other employees of       must have a managing agent in            examination by physicians
  roof.asp                                           Licensed Structural Engineers when           charge of structural engineering with    designated by the
                                                     acting under their supervision               a valid license to practice structural   Department.
                                                                                                  engineering. A sole proprietorship
                                                                                                  must be owned and operated by
                                                                                                  someone holding an Architectural,
                                                                                                  Professional, or Structural
                                                                                                  engineering license, and need not
                                                                                                  register.
                      Construction Professionals   Exemptions                                     Treatment of Business Entities           Effect of Violation
                      Covered
                      Plumbers                      Licensed architects, professional or         The employees of an entity who           Civil fine not to exceed
                                                     structural engineers may plan and design     engage in plumbing shall be licensed.    $5,000
                                                     plumbing systems                             At least one member of every firm,       Class B misdemeanor and
                                                    Employees of a governmental unit or          association or partnership engaged in    a fine of $500 for the first
                                                     privately owned municipal water supplier     plumbing work, and at least one          offense; and a second or
                                                    Work on a single family residence, given     corporate officer of every corporation   subsequent violation of
                                                     certain provisions                           engaged in plumbing work, as the         this Act shall be a Class A
                                                                                                  case may be, shall be a licensed         misdemeanor with a fine
                                                                                                  plumber.                                 of $1,000.
                      Water Well and Pump           Work done by the owner for personal, or      Business entities are licensed           A petty offense punishable
                      Installation Contractors       farming purposes                             according to the same process as         by a fine a not less than
                                                    Persons doing work under the                 individuals                              $100.
                                                     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
                      Irrigation Contractors        Licensed plumber or licensed apprentice      Not expressly provided                   Civil fine not to exceed
                                                     plumber                                                                               $5,000
                      Roofing Contractors           Those who sell roofing materials             A license sought by an entity will be    Civil fines up to $1,000
                                                    Personal or employer‟s property work         issued in the name of the entity, but
                                                    Work for the State or any county or          an individual person must be
                                                     municipality                                 designated as the “qualifying party”
                                                    Work to greenhouses, related horticultural   for purposes of taking the

                                                                                  23
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                               structures or farm buildings                  examination
                      Land Surveyors         None listed                                     Any professional design firm seeking      Civil fines not to exceed
                                                                                             to be registered pursuant to the          $5,000
                                                                                             provisions of this Section shall not be
                                                                                             registered unless one or more
                                                                                             managing agents in charge of land
                                                                                             surveyor activities in this State are
                                                                                             designated by the professional design
                                                                                             firm. Each managing agent must at
                                                                                             all times maintain a valid, active
                                                                                             license to practice professional land
                                                                                             surveying in Illinois.
                      General Contractors    Subject to local ordinances
Indiana               Design Professionals   Exemptions                                      Treatment of Business Entities            Effect of Violation
                      Covered
                      Architect               Registered engineers, though they may         Entities can only practice under the      Civil penalty for not more
Helpful                                        not use the designation of architect          full authority and responsible charge     than $1,000 per violation
Resources:                                    Students, employees and constructions         of a registered architect who is a
 I.C. § 25-4-1-1                              superintendents working under the             principal of the firm and whose name
  et. seq.                                     supervision of a licensed architect           appears with the firm‟s
 I.C. § 25-1-11-                             Work that has been specifically exempted
  1 et. seq.                                   from the fire prevention and building
 I.C. § 25-31-1-                              safety commission requirements for
  1 et. seq.                                   preparation of such plans and
 I.C. § 25-21.5-                              specifications by registered architects or
  5-1 et. seq.                                 registered engineers.
 I.C. § 22-11-       Landscape Architect     Work which is performed by licensed           The practice of landscape                 Same as above
  3.1-1 et. seq.                               professionals incidental to their practice    architecture by an entity may occur
 I.C. § 25-28.5-                             Employees of the US government                through an individual if the
  1-1 et. seq.                                The practice of planning as is customarily    individual: is in direct control of the
 I.C. § 25-39-3-                              done by regional, park, or urban planners;    practice; exercises direct supervision
  1                                           The practice of arborists, foresters,         of all personnel who act on behalf of
 http://www.in.g                              gardeners, turf managers, home builders,      the firm; and holds a current
  ov/pla/architect.                            horticulturists, farmers, nurseryman or       registration under this chapter.
  htm                                          general or landscape contractor, the
 http://www.in.g                              practice of natural resource professionals,
  ov/pla/architect.                            including biologists, geologists, or soil
  htm                                          scientists, and other similar persons
                      Engineers               Reciprocity may be available if the           An entity must work through the           Class B misdemeanor
                                               applicant has been registered for at least    direction and supervision of a

                                                                              24
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                                                   10 years and meets certain other                registered professional engineer who
                                                   education and experience requirements           is a full-time employee of the
                                                  Registered architects                           business
                 Land Surveyors                   An employee or a subordinate of a person        A registration certificate for a land      Class B misdemeanor
                                                   who holds a certificate of registration         surveyor may be issued only to a
                                                  Employee of the US government                   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.
                 Constructions                   Exemptions                                        Treatment of Business Entities             Effect of Violation
                 Professionals Covered
                 Plumbers                          A license is automatically issued if there     Each member of a firm who engages          Class A or B misdemeanor
                                                     is a reciprocity agreement with the state     in the activities must be individually     depending on the status or
                                                   US government employees, or employees licensed. In a limited partnership only             lack thereof of the license
                                                     of the State or political subdivision         the general partner must be licensed.
                                                   Public utilities                               In a corporation at least one officer or
                                                   Residential dwellings                          employee must hold a license
                                                   Maintenance personnel at their
                                                     employment
                                                   Sewer contractors
                 Water Well Drillers              The commission has the power to determine Not expressly provided                            Class B misdemeanor
                                                  any exemptions
                 Contractors: general, electrical, and heating, ventilation and air conditioning are regulated by local authorities
Iowa             Design Professionals             Exemptions                                       Treatment of Business Entities             Effect of Violation
                 Architects                        Professional engineers and those working Only an individual natural person is             Criminal and civil
                                                     under their supervision                       eligible for registration. A business      sanctions
Helpful                                            Superintendents, inspectors, supervisors       entity may engage in the practice if:
Resources:                                           and building trade craftsperson               the work shall be performed by or
 Iowa Code §                                      Design services for: residential, detached, under the direct supervision and
  544A.16                                            agricultural buildings, warehouses,           responsible charge of one or more
 Iowa Code §                                        factory built buildings and churches          architects, 2/3 of the principles are
  542B.2                                                                                           registered architects or engineers, 1/3
 Iowa Code §                                                                                      are registered architects, a person on
  91C.1, .2                                                                                        behalf of a business entity engaged in
 Food Mgmt.,                                                                                      the practice of architecture must be

                                                                                  25
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

  Inc. v. Blue                                                                                      registered to practice architecture in
  Ribbon Pack,                                                                                      this state, and they must acquire
  Inc., 413 F.2d                                                                                    authorization to practice architecture
  at 723-4                                                                                          as a business entity from the board
 Op. Iowa Att‟y    Engineers and Land              Full-time employee of any corporation          All principal designing or               Civil and Criminal
  Gen. 1993-7       Surveyors                        while doing work solely for the internal       constructing engineers must hold         penalties
  (1993)                                             use of that corporation                        certificates of licensure issued under
 http://www.stat                                   US government employees                        this chapter. This chapter shall not
  e.ia.us/governm                                   Assistants to a licensed professional who      apply to corporations engaged solely
  ent/com/prof/ho                                    is supervised                                  in constructing buildings and works.
  me.html                                           The operation or maintenance of power
                                                     and mechanical plants or systems.
                    Construction Professionals     Exemptions                                       Treatment of Business Entities           Effect of Violation
                    Covered
                    Contractors are not required to be licensed, but they must register with the Labor Commission and hold either an architect‟s or engineer‟s license
Kansas              Design Professionals            Exemptions                                      Treatment of Business Entities           Effect of Violation
                    Covered
                    Land Surveying                   Qualified nonresident who is consulting       (1) One or more of the corporate         Fines can be assessed up
Helpful                                              Employees performing surveying services officers of such corporation is                to, but not to exceed,
Resources:                                             for the employer, subject to certain         designated as responsible for the        $5,000 for the first
 K.S.A. 74-7001                                       limitations                                  activities and decisions relating to the violation, $10,000 for the
  et. seq.                                           Plumbers, electricians, and plumbing or       practice and is licensed to practice by second violation and
 K.A.R. 66-6-4                                        electrical contractors                       the state board of technical             $15,000 for the third or
 K.S.A. 12-1501                                     Certain public officers                       professions and is a regular employee any subsequent violation
  et. seq.          Geology                         Same as above                                   of and active participant in the         Same as above
 Int‟l             Engineering                     Same as above, and                              corporation; (2) all personnel who act Same as above
  Conference of                                      One/two family dwellings                      in its behalf are licensed to practice
  Building          Architecture                    Same as above, and                              such profession by the state board of    Same as above
  Officials, 6738                                    One/two family dwellings                      technical professions or are persons
  N.W. Tower                                         Agricultural buildings                        lawfully practicing; and (3) such
  Drive, Kansas                                      Store fronts, interior alterations or         corporation has been issued a
  City, MO                                             addition, and work on fixtures cabinets,     certificate of authorization by the
  64151                                                etc.                                         state board of technical professions.
 http://www.acc    Landscape architecture          Same as above, and                                                                       Same as above
  esskansas.org/k                                    nurserymen
  sbtp/             Construction Professionals Exemptions                                           Treatment of Business Entities           Effect of Violation
                    Covered
                    Plumbers, Electricians,         Licensing varies among cities and counties. However, there are standardized exams, the passage of which in one
                    Mechanical contractors, and city serves as valid proof of competency when applying for licensing in another city.
                    General Contractors

                                                                                    26
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                  State-by-State Licensing Matrix

Kentucky             Design Professionals            Exemptions                                        Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects                        Residential or farming structures              Not expressly provided                    Class A misdemeanor
Helpful                                                Structures that do not have as their                                                     Contracts with unlicensed
Resources:                                              principal purpose human use                                                              architects are void
 K.R.S. §                                             Consultants
  323.101 et. seq.                                     Employees of US government
 201 KAR                                              Licensed engineers acting incidental to
  19:001 et. seq.                                       their profession
 Dahlem Constr.     Engineers and Land                Individuals training under a licensed          At least 1 of its principals, officers,   Fine between $100 and
  Co. v. State Bd.   Surveyors                          professional                                   or a designated employee is a             $1,000 and/or
  Of Exam’r, 459                                       US government employees                        professional engineer (or land            imprisonment for not
  S.W.2d 169,                                          The practice of engineering or land            surveyor in case of surveying) who is     more than 3 months
  171 (Ky. 1970)                                        surveying by a person on property he or        in responsible charge of the
 K.R.S. §                                              she leases or owns, with certain               engineering work; and the board has       Contracts with unlicensed
  322.010 et. seq.                                      exceptions                                     issued a permit to the business entity.   engineers are generally
 Bd. Of Educ. of                                      Acting solely as an officer or employee of                                               void
  Ferguson                                              a privately owned public utility or of a
  Indep. Grades                                         business entity engaged in interstate
  Sch. Dist. V.                                         commerce
  Elliot, 125                                          A licensed architect who engages in the
  S.W.2d 733,                                           practice of engineering incident to the
  735-36 (Ky.                                           practice of architecture.
  1939)              Landscape Architects              Exemption from examination is available        Not expressly provided                    Fine between $100 -
 Kennoy v.                                             for those licensed in another state with                                                 $1,000
  Graves, 300                                           equivalent requirements
  S.W.2d 568,                                          US government employee
  570 (Ky. 1957)                                       A licensed professional engineer
 http://dhbc.ky.g                                     Nurseryman, gardeners, or individuals
  ov/default.htm?                                       who plan or plant on his own property.
  wbc_purpose=b                                        Individuals certified by the American
  asic&WBCMO                                            Society of Golf Course Architects in
  DE=presentatio                                        work on golf courses
  nunpublished                                         Community, regional or state planners.
 http://kyboels.k                                     Persons performing grading,
  y.gov/                                                earthmoving, or other construction
 http://boa.ky.go                                      operations which are normal to his
  v/default.htm                                         occupation.
                     Interior Designers: a license is not required, but they must have a certificate
                     Construction Professionals Exemptions                                             Treatment of Business Entities            Effect of Violation

                                                                                      27
Plenary 2: Managing the Swell of Conflicting Regulation                                                                      State-by-State Licensing Matrix

                 Covered
                 Plumbers                    Farmsteads                                     No person or corporation who            Fine between $10 - $100
                                                                                             assumes responsible charge and          and/or imprisonment for
                                                                                             direction of other persons in the       not more than 90 days
                                                                                             installation of plumbing shall employ
                                                                                             or engage any person not licensed
                                                                                             under this chapter to perform and
                                                                                             install plumbing.
                 Electrical Contractors,     Installations under the exclusive control      Not expressly provided                  Misdemeanor punishable
                 Master electricians, and     of electric utilities for the purpose of                                               by fine or jail
                 Electricians                 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

                                                                            28
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                                                    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.
                 Fire Protection Sprinkler         State or local building officials, fire       Not expressly provided                 Class B misdemeanor
                 Contractors                        marshals, fire inspectors, or insurance
                                                    inspectors when acting in their official
                                                    capacities.
                                                   Professional engineers
                                                   This chapter shall not apply to limited
                                                    area sprinkler systems served by a
                                                    domestic water supply consisting of 10
                                                    sprinkler heads or less than 1 structure.
                 HVAC Contractors and              Employees of HVAC licensees                   Not expressly provided                 Class A misdemeanor
                 Mechanics                         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
                 Boiler Installation and           Employees of a licensee                      A firm or corporation must pass the        Class B misdemeanor
                 Repair                                                                          examination and pay the fee
                 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

                                                                                 29
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

Louisiana             Design Professionals         Exemptions                                      Treatment of Business Entities            Effect of Violation
                      Covered
                      Architects                    Employees of US government                    A business entity must be certified       Fine for each violation up
Helpful                                             Residential buildings or for personal use     according to LA R.S. 37:146               to $5,000 or imprisonment
Resources:                                          Renovations or alterations that do not                                                  for up to 3 months
 La R.S. 37:154                                     affect the structural integrity
  et. seq.                                          Those registered in another state, if they
 La R.S. 37: 681                                    associate with an architect registered in
  et. seq.                                           LA
 La R.S.             Engineers, and                Work on private homes, domestic               An entity shall file an application for   Fine for each violation up
  37:2150 et. seq.     Architectural, chemical,     structures, or farmlands                      licensure with the board on a form        to $5,000 or imprisonment
 La R.S.               civil, electrical,          Employees of firms engaged in industrial      provided by the board.                    for up to 3 months
  37:1361 et. seq.      industrial, mechanical,      operations
 http://www.last       metallurgical, mining,      A person who establishes lines and
  bdarchs.com/          petroleum                    elevations for canals or levees for
 http://www.lape     Land Surveyors                 irrigation or erosion control
  ls.com/                                           Services performed by employees within
 http://lsbid.org/                                  established boundaries under the control
 http://www.lslb                                    of their employer
  c.louisiana.gov/    Construction Professionals   Exemptions                                      Treatment of Business Entities            Effect of Violation
                      Covered
                      Contractor                    Any public utility providing gas, electric,   Each applicant must designate a           Fine up to $500, or three
                                                     or telephone service which is subject to      qualifying party who will take the        month in prison, or both
                                                     regulation                                    examination and hold the license as       Civil penalty up to 3% of
                                                    Owners of property who supervises work        legal representative                      the total contract being
                                                     done on his property for his personal use                                               performed
                                                    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.

                                                                                   30
Plenary 2: Managing the Swell of Conflicting Regulation                                                                    State-by-State Licensing Matrix

                                            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.
                    Plumbers                Water used in manufacturing                  Not expressly provided                   Fine between $500 -
                                             establishments for processing products                                                $5,000 and/or
                                             that are not for human consumption.                                                   imprisonment for up to 90
                                            Drilling of water wells.                                                              days
                                            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
Maine               Design Professionals   Exemptions                                     Treatment of Business Entities           Effect of Violation
                    Covered
                    Architects              Builders who supervise the installation of   Entities may not be licensed, but may    Civil fine not to exceed
Helpful                                      architectural projects and licensed          practice if:                             $1,000
Resources:                                   engineers performing work incidental to       1/3 of the directors or partners are
 32 MRSA §                                  their profession                                licensed under the laws of any
  220(1) et. seq.                           Preparation of technical submission for:        state
 32 MRSA §                                  dwellings, farm buildings, alterations,       The practice is under the direct

                                                                          31
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

  1351 et. seq.                                        renovations or remodels under certain         supervision of a director who is
 32 MRSA §                                            conditions, buildings not intended for        licensed in Maine, and
  220(2)(A)                                            human occupancy or habitation, single        And additional 1/3 of the directors
 10 MRSA §                                            story buildings less than 1,000 ft2, and      are licensed under the laws of any
  1111(3)                                              pre-engineered manufactured buildings         state to practice engineering,
 http://www.mai                                      A license may be issued without               architecture or landscape
  ne.gov/pfr/prof                                      examination if an architect holds a valid     architecture
  essionallicensin                                     license from valid certificate from the
  g/index.shtml                                        National Council of Architectural
                                                       Registration Boards; or holds a valid
                                                       license from another jurisdiction with
                                                       equivalent licensing regulations
                     Engineers                        Limited practice by nonresidents, and       A firm, co-partnership, corporation or     Civil fine not to exceed
                                                       nonresidents becoming residents             joint stock association may engage in      $1,000
                                                      US government employees, and                the practice of professional
                                                       employees under licensed supervision        engineering in this State, provided
                                                      Subsurface sewage disposal                  that the practice is carried on only by
                                                      Person who performs work on certain         professional engineers licensed in
                                                       vessels                                     this State.
                                                      Persons engaged in design of minor
                                                       construction
                     Landscape Architects             Licensed architects whose work is           A corporation or partnership may not       Civil fine not to exceed
                                                       incidental                                  be licensed, but it is lawful for a        $1,000
                                                      A landscape architect license may be        corporation or partnership to practice
                                                       issued without examination to an            landscape architecture in this State if:
                                                       applicant who has passed a standard         (1) the practice is under the direct
                                                       examination and received certification by   supervision of a director or partner
                                                       the Council of Landscape Architectural      who is licensed under this chapter;
                                                       Registration Boards                         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.
                     Construction Professionals Exemptions                                         Treatment of Business Entities             Effect of Violation
                     Covered
                     Maine does not recognize or license a person who practices as a construction professional
Maryland             Design Professionals           Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects                     Examination and licensing requirements          A business entity may provide             Misdemeanor punishable

                                                                                   32
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                 State-by-State Licensing Matrix

Helpful                                              may be waived for nonresidents licensed in       architectural services through a          by a fine not exceeding
Resources:                                           another state                                    licensed architect. Neither the entity    $3,000 or imprisonment
 MD. Code                                            Construction contractors                       nor the individual is relieved of         not exceeding 1 year or
  Ann., Bus. Occ.                                     Developer, builder, or contractor of 1-2       liability.                                both
  & Prof. § 3-205                                      family dwellings, ancillary structures, or                                               Civil fines not exceeding
  et. seq.; § 9-                                       farm buildings                                                                           $5,000 per violation
  201; § 8-301; §                                     Individuals working on their property for
  14-301; § 15-                                        their personal use
  101; § 17-305;                                      Work that does not exceed $5,000, or
  § 6; § 12; § 17;                                     affects the structural integrity
  § 9A                Landscape Architects           Examination and licensing requirements           An entity may provide landscape           Misdemeanor punishable
 http://dllr.maryl                                  may be waived for nonresidents licensed in       architectural services through a          by a fine not exceeding
  and.gov/pq/                                        another state                                    licensed landscape architect but may      $3,000 or imprisonment
                                                      US government employees                        not use the title “landscape architect”   not exceeding 1 year or
                                                      Individuals who are employees or under         in connection with the name of the        both
                                                       the supervision of a licensed landscape        corporation or partnership; and shall     Civil fines not exceeding
                                                       architect                                      hold a permit issued by the Board         $5,000 per violation
                                                      Nurseryman, general contractor, or             before the corporation or partnership
                                                       landscape contractor                           may operate a business through
                                                                                                      which landscape architecture is
                                                                                                      practiced.
                      Certified Interior Designers    Examination may be waived under certain        Not expressly provided                    Misdemeanor punishable
                                                        conditions                                                                              by a fine not exceeding
                                                      The act does not apply to those who do                                                   $1,000.
                                                        not use the title “certified interior                                                   Civil penalty not to exceed
                                                        designer”                                                                               $5,000
                                                      Licensed architects
                      Professional Engineers         Examination may be waived for those              Not expressly provided                    Misdemeanor punishable
                                                     licensed in another state                                                                  by a fine not exceeding
                                                      Employees of those authorized to practice                                                $500 and/or imprisonment
                                                        professional engineering, a public utility,                                             not exceeding 6 months
                                                        or the US government                                                                    Civil penalty not to exceed
                                                      Employees of a corporation, given certain                                                $5,000 for each violation
                                                        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
                      Land Surveyors                 Examination may be waived for those              A corporation, partnership, or limited    Misdemeanor punishable

                                                                                     33
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                                licensed in another state                      liability company shall hold a permit   by a fine not exceeding
                                                 Community water or wastewater                issued by the Board before the          $500 and/or imprisonment
                                                   treatment collection or distribution        corporation, partnership, or limited    not exceeding 6 months
                                                   systems;                                    liability company may operate a         Civil penalty not to exceed
                                                 Community pumping or lift stations;          business through which land             $5,000 for each violation
                                                 Geotechnical or structural design            surveying or property line surveying
                                                   components of sediment control or           is practiced.
                                                   stormwater management ponds or basins.
                   Construction Professionals   Exemptions                                     Treatment of Business Entities          Effect of Violation
                   Covered
                   Construction                  Nonresidents licensed in a state which       Not expressly provided                  Fine not to exceed $300 or
                                                  does not require a similar license for a                                             imprisonment not
                                                  Maryland contractor                                                                  exceeding 30 days
                                                 Home improvement contractor
                   Electricians, Plumbers and    Licensing for plumbers and gas fitters do    See ABA Guide pgs. 479 – 481 and        See ABA Guide pgs. 479
                   Heating, Ventilation, Air      not apply to Baltimore County and            cited statutes there                    – 481 and cited statutes
                   Conditioning, and              portions of Montgomery and Prince                                                    there
                   Refrigeration Contractors      George‟s County, with some exceptions
                                                 To install or repair equipment with less
                                                  than 225 volts or 25 amps or individually
                                                  controlled electrical resistance heat
                                                 Install hydronic heating systems
                                                 Licensed engineers are not required to
                                                  obtain HVACR licenses
                   Home Builders                 Work done by landowners for their own                                                A contract for the
                                                  use                                                                                  performance of any
                                                 New homebuilders in Montgomery                                                       unlicensed home builder is
                                                  County                                                                               unenforceable
                   Home Improvement              New home construction                                                                Misdemeanor
                   Contractors                   Work to existing exposed plumbing lines                                               Fine up to $5,000,
                                                 Sale of materials                                                                      and/or
                                                 Work done on apartment buildings                                                      Imprisonment up to 6
                                                 Shore erosion control projects                                                         months
Massachusetts      Design Professionals         Exemptions                                     Treatment of Business Entities          Effect of Violation
                   Covered
                   Architects                    Plans for and supervising buildings with     Chapter 112, section 60L allows         Fine not more than $500
Helpful                                           less than 35,000 ft3                         entities to perform services provided   and/or imprisonment for
Resources:                                       Residential and farm buildings               the agreement is executed on their      not more than 3 months
 M.G.L. c. 112                                  Non-substantial alteration of any building   behalf by one who is a registered
 M.G.L. c. 142A                                 Licensed engineers whose work is             architect who supervises the project

                                                                               34
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                State-by-State Licensing Matrix

 http://www.mas                                       incidental
  s.gov/legis/laws                                   Landscape architect working incidental to
  /mgl/156a-                                           his profession
  10.htm             Engineers and Land              Work ordinarily performed by persons           Chapter 112, section 81R(f) allows       Fine between $100 - $500
                     Surveyors                         who operate, maintain or install              entities to perform services provided    and/or imprisonment not
                                                       machinery or equipment.                       a licensed engineer or land surveyor     to exceed 3 months
                                                     An engineer may practice land surveying        is in charge of the project
                                                       as incidental to his profession
                                                     Landscape architect working incidental to
                                                       his profession
                                                     See M.G.L.A. 112 § 81R (various
                                                       exceptions)
                     Landscape Architects           The practice of landscape architecture “shall    An entity may use the title              Fine between $100 - $500
                                                    not include the practice of architecture, the    “landscape architect” or similar title   and/or imprisonment for
                                                    practice of engineering or the practice of       provided that the practice of            not more than 1 year
                                                    land surveying, as defined in this chapter, or   landscape architecture by such an
                                                    the making of final land plots for official      entity shall be under the professional
                                                    recording or approval.”                          and supervisory control of a person
                                                                                                     registered as a landscape architect.
                     Construction Professionals     Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Construction Supervisors        Homeowners supervising work on their           See ABA Guide pgs. 498-499 and           See ABA Guide pgs. 498-
                                                       own dwellings                                 statutes and regulations referred to     499 and statutes and
                                                     Structures governed by 780 C.M.R. 116.0        there                                    regulations referred to
                                                     For other exceptions see ABA Guide pgs.                                                 there
                                                       498 – 501
                     Electricians, Plumbers, Fire   See ABA Guide pg. 500 and statutes               See ABA Guide pg. 500 and statutes       See ABA Guide pg. 500
                     Sprinkler Contractors,         referred to there                                referred to there                        and statutes referred to
                     Pipefitters, Refrigeration                                                                                               there
                     Technicians, and Sprinkler
                     Fitters
Michigan             Design Professionals           Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects, Engineers, and      Professional engineers employed by             Professional engineering firms must      For a first offense:
Helpful              Land surveyors                   interstate corporations who only work on       be licensed. This requires 2/3 of all    Misdemeanor punishable
Resources:                                            their property                                 the principals within the firm must be   by fines between $5,000 -
 M.C.L. §                                           Product designers, when manufacturer           licensed. Any non-licensed principals    $25,000 and/or
  339.2001 et.                                        assumes responsibility                         must receive state approval              imprisonment for not
  seq.                                               Owner‟s work on personal property not                                                   more than 93 days;
 M.C.L.A. §                                          accessible to the public                                                                professional sanctions

                                                                                    35
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                State-by-State Licensing Matrix

    330.2401 et.                                     Detached 1-2 family residences smaller
    seq.                                              than 3,500 ft2
   M.C.L.A. §                                       Out-of-state licensees temporarily in
    338.887                                           Michigan
   M.C.L.A §          Landscape Architect           Landscape designer, landscape gardener,       Licensure shall be on an individual      Not expressly provided
    338.3201 et.                                      landscape contractor, or landscape            basis. The department shall not
    seq.                                              nursery operator as long as that person       license a business entity.
   M.C.L.A §                                         does not use the term “landscape
    338.3525 et.                                      architect”
    seq.               Construction Professionals   Exemptions                                      Treatment of Business Entities           Effect of Violation
   M.C.L.A §          Covered
    338.971 et. seq.   Residential Contractors       Employees of US government, where the         The applicant business entity must       Misdemeanor
   http://www.mic      Residential builder          federal government owns the land              designate one of its principals to act    Fine up to $500, and/or
    higan.gov/dleg/     Residential maintenance     Owner of property for his own use or use      as a qualifying officers                  Imprisonment for not
    0,1607,7-154-        and alteration               as a rental                                                                              more than 90 days
    35299_35414--                                    Licensed electrical, plumbing or
    -,00.html                                         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
                       Electricians                  Cities of Battle Creek, Springfield, Flint,   Not expressly provided                   First Violation
                                                      Grand Rapids, Detroit, or Highland Park,                                                Fine of at least
                                                      Bedford, and Pennfield Townships – they                                                   $1,000/day, not to
                                                      have local ordinances                                                                     exceed $5,000
                                                     See M.C.L.A. § 338.887                                                                 Subsequent Violation
                                                     Minor repair work not in excess of $100,                                                $2,000/day, not to
                                                      or homeowners                                                                             exceed $10,000
                       Plumbers                      Minor repair work and homeowners              Not expressly provided                   Misdemeanor
                                                     Install a building sewer or water service                                               Fine at least $1,000/day
                                                      pipe provided a permit is secured                                                         not to exceed $5,000,
                                                     Domestic water treatment and filtering                                                    and/or
                                                      equipment that requires modifications to                                                Imprisonment for not
                                                      an existing cold water distribution supply                                                more than 90 days
                                                      and associated waste piping in buildings
                       Mechanical Contractors        A qualified maintenance crew performing       An entity must receive a contractor's    Restitution and sanctions.
                                                      mechanical contracting work within the        license from the department, and the     Misdemeanor, punishable

                                                                                    36
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                 State-by-State Licensing Matrix

                                                       facility of their employ                       holder of the license must secure the    by a fine of not more than
                                                                                                      appropriate permit from the enforcing    $500.00, and/or
                                                                                                      agency charged with the                  imprisonment for not
                                                                                                      responsibility of issuing permits.       more than 90 days
                                                                                                      They must designate in writing the
                                                                                                      holder of the license
                     Asbestos Abatement               An Asbestos abatement project that is           Not expressly provided                   Fines ranging from $500 -
                     Contractors                      incidental to the primary licensed trade and                                             $10,000 per day
                                                      involves not more than 160 square feet or
                                                      260 linear feet of friable asbestos materials
                                                      for certain business entities
Minnesota            Design Professionals            Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects, professional         Single or two family dwellings and out         Minn. Stat. section 326.14 authorizes    Civil penalties up to
Helpful              engineers, land surveyors,        buildings or farm buildings                    corporations to engage in                $2,000 per violation
Resources:           landscape architects,            Temporary buildings for construction           architectural work if the person in
 Minn. Stat. §      certified interior designers,     purposes                                       charge is licensed in Minnesota          A contract with an
  326.01 et. seq.    and professional                 Plans required to be furnished by a                                                     unlicensed design
 Scott-Daniels      geoscientists                     licensed professional                                                                   professional is invalid
  Properties, Inc.                                    Standardized manufactured products
  v. Dresser, 160                                     Construction superintendent supervising
  N.W.2d 675,                                          the work of licensed professionals
  679 (Minn.                                          A non-resident licensed in another state
  1968)                                                who is a recent arrival
 Minn. Stat. §                                       Employees of the US government
  326.83 –                                            A person who would be qualified for
  326.992                                              licensure as a geoscientists by virtue of
 http://www.stat                                      experience in education for limited
  e.mn.us/portal/                                      purposes
  mn/jsp/home.do     Construction Professionals      Exemptions                                       Treatment of Business Entities           Effect of Violation
  ?agency=Licen      Covered
  seMN               Residential Contractors          Employee of a licensee                         A business entity must employ a          Misdemeanor
 http://www.aels                                     A material person, manufacturer, or            qualifying person who is regularly
  lagid.state.mn.u                                     retailer who does not install                  employed by the licensee and is          Loss of mechanic‟s lien
  s/                                                  Owner of residential real estate, with         actively engaged in the business of      rights
                                                       certain exceptions                             residential contracting or residential
                                                      Architect, professional engineer,              remodeling on behalf of the licensee.
                                                       mechanical contractor, plumber,
                                                       electrician, specialty contractor, or other
                                                       person whose profession is otherwise

                                                                                      37
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

                                                    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
                   Specialty and Trade                                                             Covered by scattered sections of        Covered by scattered
                   Contractors:                                                                    Chapters 326B; 103I; 144                sections of Chapters
                    Electricians,                Minn. Stat. § 326B.31, et. seq.                                                         326B; 103I; 144
                    Plumbers,                    Minn. Stat. § 326B.41, et. seq.
                    High pressure pipefitters,  Minn. Stat. § 326B.90 et. seq.
                    Water conditioning
                     contractors,                 Minn. Stat. § 326B.50 et. seq.
                    Asbestos abatement
                     contractors,                 Minn. Stat. § 326.70 – 326.81
                    Well, borings, and
                     underground workers,         Minn. Stat. Chap. 103I.501, et. seq.
                    Elevator shafts
                     underground, and             Minn. Stat. § 103I.401, et. seq.
                    Lead abatement
                    See Minn. Stat. 326 for      Minn. Stat. § 144.9501, et. seq.
                     other specialty trades
                   Local Ordinances govern other various specialty trades: heating, venting, air conditioning contractors, plumbers, masonry, etc.
Mississippi        Design Professionals          Exemptions                                        Treatment of Business Entities          Effect of Violation
                   Covered
                   Architects                     Employees of US government                      In the case of a co-partnership of      Misdemeanor punishable
Helpful                                           Contractors, superintendents, inspectors,       architects, or architects and           by a fine of not exceeding
Resources:                                         foremen or building trades craftsmen            engineers, or a professional            $1,000.00 and/or
 Miss. Code                                      Professional engineers or landscape             corporation, or professional limited    imprisonment of not more
  Ann. § 73-1-1                                    architects                                      liability company, either foreign or    than 90 days
  et. seq.                                        City and regional planners                      domestic, each active member or
 Miss. Code                                      Golf course architects                          stockholder, and each officer,
  Ann. § 73-2-1                                   Domestic outbuildings less than 5,000 ft2, director or manager, must hold a
  et. seq.                                         farm buildings, or one/two family               certificate to practice architecture or
 Miss. Code                                       dwellings                                       engineering in that member's state of
  Ann. § 73-13-1                                  Privately owned buildings or buildings          residence; and, in the case of a
  et. seq.                                         owned by the state                              foreign corporation or professional

                                                                                  38
Plenary 2: Managing the Swell of Conflicting Regulation                                                                       State-by-State Licensing Matrix

 Miss. Code                                Repairs, alterations, and additions          limited liability company doing
  Ann. § 31-3-1                                                                           business in this state, at least one (1)
  et. seq.                                                                                active member or stockholder must
 http://www.arc                                                                          hold a certificate to practice
  hbd.state.ms.us                                                                         architecture in this state. No stock
 www.pepls.stat                                                                          company, corporation, professional
  e.ms.us                                                                                 corporation or professional limited
 http://www.msb                                                                          liability company shall be entitled to
  oc.us/                                                                                  a certificate to practice architecture.
                    Landscape Architects    US government employees                      Not expressly provided                     Misdemeanor punishable
                                            Regional and urban planners                                                             by a fine between $500 -
                                            Arborists, foresters, gardeners, home                                                   $1,000 and/or
                                             builders, floriculturists and ornamental                                                imprisonment for not
                                             horticulturists                                                                         more than 1 year in the
                                            Nurserymen and landscape contractors                                                    county jail
                                            Architects and engineers
                                            Regulated public service companies or
                                             utilities
                                            Golf course architects
                                            Applicants from other states, if their
                                             licensing requirements are equivalent
                    Engineers               Other licensed trades                        At least 1 Mississippi-licensed            Misdemeanor, punishable
                                            Employees of the US government, or           professional engineer must be a            by a fine between $100 -
                                             those of a license holder in MS              principal officer, partner or              $5,000, in addition to
                                            Engineering services by any regular full-    designated principal engineer of the       reimbursement of
                                             time employee of a manufacturing,            firm who has management                    investigative expenses and
                                             research and development, railroad or        responsibility for such practice and       court costs, and/or suffer
                                             other industrial corporation, provided       who makes significant technical            imprisonment for a period
                                             certain conditions are met                   and/or contractual judgments on            of not exceeding 3 months
                                            The board also retains the right to exempt   behalf of the firm which would affect      Civil penalties – see Miss.
                                             on a case-by-case basis                      the firm's professional reputation and     Stat. Ann § 73-13-37
                                                                                          liability.
                    Land Surveyors          Other licensed trades                        Same as above                              Same as above
                                            Employees of the US government, or
                                             those of a license holder in MS
                                            Certain elected or appointed county
                                             surveyors
                                            Employees of railroad, public service
                                             and/or utility companies
                                            Geologists

                                                                           39
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                     Construction Professionals     Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Contractors: prime, sub, and    Federally funded highway projects,            Licensing procedures are the same         Fine no more than $1,000
                     sub-sub                          residential subdivisions and small            for individuals. As for examination,      or imprisonment for not
                                                      commercial buildings                          one or more of the responsible            more than 6 months or
                                                                                                    managing officers or members of the       both
                                                                                                    executive staff of the applicant's firm
                                                                                                    according to its own designation
                                                                                                    must sit for the exam
Missouri             Design Professionals           Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects                      Employees supervised by a registered          Licensing is seen as an individual        Class A misdemeanor and
Helpful                                               architect, or perform work for their          right, but one may practice his or her    civil penalties not
Resources:                                            employer which does not endanger public       profession through the medium of a        exceeding $5,000 per
 RSMo. §                                             health or safety                              business entity if the documents or       offense
  327.101 et. seq.                                   Professional engineers and landscape          instruments of the entity are signed
 RSMo. §                                             architects, city or regional planners whose   and stamped with the personal seal of     Any Contract will be
  341.101 et. seq.                                    work is limited by statute                    the individual by whom or under           unenforceable and
 http://pr.mo.go                                    Services for certain kinds of privately-      whose immediate personal                  quantum meruit recovery
  v/                                                  owned buildings                               supervision the same were prepared,       may be denied.
                                                                                                    and provided that the individual is
                                                                                                    personally and professionally
                                                                                                    responsible for the work. The entity
                                                                                                    must also obtain a certificate of
                                                                                                    authority
                     Professional Engineers          Employees: supervised, works in               Same as above                             Any Contract will be
                                                      connection with a facility owned by their                                               unenforceable and
                                                      employer, or whose work is related to                                                   quantum meruit recovery
                                                      manufacturing operations                                                                may be denied.
                                                     Registered architect
                                                     To bid, if licensed elsewhere
                     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        Same as above                             The board has the
                                                    state with qualification equivalent                                                       discretion to censure,
                                                                                                                                              suspend or revoke

                                                                                   40
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                                                                                                                                            licensure
                     Construction Professionals Exemptions                                         Treatment of Business Entities           Effect of Violation
                     Covered
                     Plumbers: Regulation of plumbing differs according to individual cities
Montana              Design Professionals         Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects                    Preparation of details and shop drawings       Only individuals shall be licensed as    Misdemeanor punishable
Helpful                                              used in connection with their work            architects, but a number of architects   by fine between $500 -
Resources:                                         Drawings for fixtures, cabinets, furniture,    constituting a firm may use the          $1,000, and/or
 M.C.A. Title                                       interior appliances or equipment              collective title "architects" or         imprisonment between 30
  37, Chapters 65                                  Residential construction of less than 8        "licensed architects".                   days and 6 months
  – 69, 72, 73                                       units
 Mont. Admin.                                     Construction of a building by its owner,
  R. 24.33.121 et.                                   not intended for use as a public building
  seq.               Landscape Architects          Architects, engineers or land surveyors        Certificates of licensing may be         Fine not to exceed $500
 http://www.mt.                                   Horticulturist, nurseryman, or landscape       issued to natural persons only, but      per violation
  gov/dli/bsd/lice                                   nurseryman, plantsman, gardener,              nothing prevents a duly licensed
  nse/license.asp                                    landscape gardener, landscape designer,       landscape architect from performing
                                                     landscape artist, landscape contractor, or    his services for a corporation, firm,
                                                     land use planner                              partnership, or association.
                                                   Work done on personal property
                     Professional Engineers and    The practice of other legally recognized        An entity may engage in the practice    Fine between $100 –
                     Land Surveyors                  professions or trades                         of engineering in this state if one of   $500 and/or incarceration
                                                   The execution of work by a contractor          the principles who is in responsible     in the county jail for a
                                                   Employees supervised by a license holder       charge of engineering or land            period not exceeding 3
                                                   Licensed architects when the work is           surveying work performed in this         months
                                                     incidental to their practice                  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
                     Construction Professionals    Exemptions                                      Treatment of Business Entities           Effect of Violation
                     Covered
                     General Contractors and        US government employees, and officers         A partnership or joint venture is        Civil penalty up to $500
                     Homebuilders                    of the court                                  considered registered under this
                                                    Certain work by a public utility or oil and   chapter if one of the general partners
                                                     gas                                           or venturers whose name under

                                                                                   41
Plenary 2: Managing the Swell of Conflicting Regulation                                                                       State-by-State Licensing Matrix

                                           Work with finished products                    which the partnership or venture does
                                           Owner of commercial property who uses          business is registered.
                                            their employees to do maintenance
                                           Architect, civil or professional engineer,
                                            or professional land surveyor, electrician,
                                            plumber licensed in MT
                                           For more... see MT. ST. § 39-9-211
                 Electricians              Work performed under the supervision of        An individual, firm, partnership, or       A person, will be punished
                                            a licensed master electrician or               corporation may apply for licensure        by a fine not more than
                                            journeyman electrician for residential         as an electrical contractor if all         $750 (a corporation, not
                                            construction of less than 5 living units per   electrical work performed by the           more than $1,000), by
                                            structure                                      individual, firm, partnership, or          imprisonment for a term
                                           Work by a public utility                       corporation is under the direction,        not to exceed 6 months, by
                                           Maintenance work by a regular employee         control, and supervision of a licensed     revocation of the license,
                                           Vendors who do not install electrical          master electrician or under the            or by any combination
                                            wiring                                         direction, control, and supervision of
                                                                                           a licensed journeyman electrician for
                                                                                           residential construction consisting of
                                                                                           less than five living units in a single
                                                                                           structure.
                 Plumbers                  Owner of residence for personal use            A person, firm, or corporation             Misdemeanor
                                           Mine, mill, smelter, refinery, railroad, or    desiring to engage in or work in the
                                            a farm not connected to public                 field of plumbing in this state, either
                                            water/sewage                                   as a master plumber or as a
                                           Water conditioner services in private          journeyman plumber, shall make
                                            dwellings                                      application to the department by
                                           Minor work by employees incidental to          filing a written application stating his
                                            installation of appliances purchased from      place of residence, age, experience,
                                            dealers                                        and the place where he has acquired
                                           Installation of a water meter                  his experience and shall at a time and
                                           Private water supply                           place designated by the board be
                                           Cities, towns, water districts extending,      examined as to his qualifications for
                                            repairing or replacing their own               a license.
                                            water/sewer mains
                 Construction blasting     Persons engaged in farming, ranching,          Not expressly provided                     Misdemeanor punishable
                                            logging, geophysical work, drilling or                                                    by fine not to exceed
                                            development of water, oil, or gas wells, or                                               $500, imprisonment not to
                                            mining of any kind, or to the private use                                                 exceed 6 months, or both
                                            of explosives in the removal of stumps
                                            and rocks by landowner, but they must

                                                                          42
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

                                                   comply with rules adopted for such
                                                   activities
                    Well Water Contractors and    A person drilling on his own land for           Any firm, corporation, or partnership    Misdemeanor punishable
                    Well Monitoring                certain purposes                                may engage in the business of            by a fine of not more than
                    Contractors                   An apprentice under supervision                 constructing or installing monitoring    $500 or imprisonment in a
                                                                                                   wells provided a licensed monitoring     county jail for a term not
                                                                                                   well constructor is in charge of all     exceeding 6 months, or
                                                                                                   monitoring well installation.            both
                    Elevator Contractors          Examination may be waived for a valid           Not expressly provided                   A person, will be punished
                                                   license holder in another state with                                                     by a fine not more than
                                                   similar licensing                                                                        $500 (a corporation, not
                                                  Apprentices, provided certain conditions                                                 more than $1,000), by
                                                   are met                                                                                  imprisonment for a term
                                                  A newly hired elevator inspector who is                                                  not to exceed 6 months, by
                                                   not properly certified may conduct                                                       revocation of the license,
                                                   inspections for up to 6 months under a                                                   or by any combination
                                                   temporary license if supervised
Nebraska            Design Professionals         Exemptions                                        Treatment of Business Entities           Effect of Violation
                    Covered
                    Architecture and              Buildings <5,000ft2                             The practice or offer to practice for    Class I misdemeanor for
Helpful             Engineering                   Farm buildings                                  others the professions of architecture   the first offense and a
Resources:                                        Public works projects of < $86,000              or engineering by individuals            Class IV felony for any
 Neb. Rev. Stat.                                 Teaching of Architectural subjects              licensed under the Engineers and         subsequent offense
  § 81-3401 et.                                   Preparation of technical submissions            Architects Regulation Act through an
  seq.                                             under direct supervision                        organization is permitted if the
 Neb. Rev. Stat.                                 Certain activities of a nonresident             criteria for organizational practice
  § 48-2101 et.                                    certified under the NCARB                       established by the board are met and
  seq.                                            Soil and water conservation work on             the organization had been issued a
 Neb. Rev. Stat                                   farmland                                        certificate of authorization by the
  § 18-1901 et.                                   Practices of other certified trade or legally   board.
  seq.                                             recognized profession
 Neb. Rev. Stat.   Construction Professionals   Exemptions                                        Treatment of Business Entities           Effect of Violation
  § 81-2101 et.     Covered
  seq.              Building /Nonresident         Those who earn less than $5,000 per year        An entity must be registered pursuant    Civil penalty not more
 Neb. Rev. Stat.   Contractors                   Work done on personal property                  to similar standards for individuals     than $500 for a first
  § 18-2301 et.                                                                                                                             offense or more than
  seq.                                                                                                                                      $5,000 for a subsequent
 http://www.ea.s                                                                                                                           offense
  tate.ne.us/       Electrical                    Employees of municipal corporations,            Not expressly provided                   Class 1 misdemeanor
 http://www.lan                                   public power districts, public power and

                                                                                  43
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

  darch.state.ne.u                                   irrigation districts, electric membership or
  s/                                                 cooperative associations, public utility
 http://www.sso.                                    corporations, railroads, telephone or
  state.ne.us/bels                                   telegraph companies, or commercial or
 http://www.elec                                    industrial companies performing
  trical.state.ne.us                                 manufacturing, installation, and repair
  /                                                  work for such employer to hold licenses
 http://www.hhs.                                    while acting within the scope of their
  state.ne.us/crl/p                                  employment;
  rofindex1.htm                                     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
                       Asbestos/Lead Abatement      A business entity which (1) only performs      An entity must show: access to            Civil penalty of not less
                                                     asbestos projects which are less than two      modern and effective equipment            than $5,000 nor more than
                                                     hundred sixty linear feet or which are less    designed for use in asbestos projects;    $25,000 for the first
                                                     than one hundred sixty square feet and         ensure that each employee or agent of     offense and not less than
                                                     linear feet in any combination or (2) uses     the business entity who will come         $25,000 nor more than
                                                     its own employees for an asbestos project      into contact with asbestos or who will    $100,000 for a second or
                                                     for the purpose of renovating,                 be present on an asbestos project is      subsequent offense.
                                                     maintaining, or repairing its own facilities   licensed; demonstrate to the              Criminal penalties: for a
                                                     shall not be required to hold a license.       satisfaction of the department that the   first offense, Class I
                                                                                                    business entity is capable of             misdemeanor; and for a
                                                                                                    complying with all applicable             second or subsequent
                                                                                                    requirements, procedures, and             offense, a Class IV felony.
                                                                                                    standards pertaining to the asbestos
                                                                                                    project; have access to at least one
                                                                                                    approved asbestos disposal site; and
                                                                                                    meet any other standards which the

                                                                                   44
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                                                                                                    department may deem necessary
                     Storage Tank                In the case of tanks permanently                  Not expressly provided                    Civil fine of not more than
                     Considerations                abandoned on or after January 1, 1974, an                                                  $5,000
                                                   annual permit shall not be required and an
                                                   initial registration permit shall be
                                                   sufficient.
                     HVAC – Licensing must be obtained in certain cities

                     Plumbing – Licensing must be obtained in certain cities


Nevada               Design Professionals          Exemptions                                       Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects, Interior           US government employees                        An entity may be licensed if: control     Revocation of license, or a
Helpful              Designers, and Residential     Licensed professional engineers, or            and two-thirds ownership of the           fine up to $10,000
Resources:           Designers                       contractors                                    business organization or association
 NRS 623.330                                       Plans prepared for: private residential use,   is held by persons registered or
  et. seq.                                           farm or ranch buildings, or work done in       licensed in this State pursuant to the
 NRS                                                conjunction with someone licensed              applicable provisions
  623A.060(1)                                       Any person holding a certificate of
 NRS 625.020                                        registration issued by the State Fire
  et. seq.                                           Marshal
 NAC 625.020                                       Anyone who prepares drawings of the
 http://www.nsb                                     layout of materials used in interior design
  aidrd.state.nv.u                                   or provides assistance in the selection of
  s/                                                 materials
 http://www.nsbl    Landscape Architects           Work by the owner of property                  A business entity may practice            Suspension, revocation, or
  a.state.nv.us/                                    A licensed architect, contractor, or civil     landscape architecture if: all work is    nonrenewal of certificate
 http://www.boe                                     engineer                                       performed under the supervision and       of registration, or fine of
  .state.nv.us/                                     Any person who designs, manufactures or        direction of a holder of a certificate    no more than $5,000 per
 http://www.nvc                                     sells irrigation equipment and provides        of registration; the name of the holder   violation
  ontractorsboard                                    instructions pertaining to the mechanical      appears in the name of the entity; the
  .com/                                              erection and installation of the equipment     name of the holder appears on all
                                                     but does not install the equipment.            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.
                     Professional Engineers and     Subordinates acting in such manner to a        A firm, partnership, corporation or       Gross misdemeanor; and a

                                                                                   45
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                 Land Surveyors                 professional engineer or land surveyor         other person engaged in or offering to    civil penalty of not more
                                               US government employees                        engage in the practice of engineering     than $15,000 for each
                                               Any state, county, city or district            or land surveying in this state shall     violation
                                                employee directly responsible to a             employ full-time at least one
                                                professional land surveyor.                    professional engineer or professional
                                               Professional mining engineers engaged          land surveyor, respectively, at each
                                                solely in surveys made for mining and          place of business where the work is
                                                milling purposes or facilities pertaining      or will be performed; and all
                                                thereto.                                       engineering or land-surveying work
                                               The employees of interstate or intrastate      done at a place of business must be
                                                public utility companies while they are        performed under a professional
                                                engaged in work for those companies            engineer or professional land
                                               Registered architect                           surveyor, respectively, who has been
                                               A person, while using a scanner for the        placed in responsible charge of the
                                                purpose of construction management             work and who is employed full-time
                                                and/or monitoring, if he is certified by the   at that particular place of business.
                                                International Conference of Building
                                                Officials
                 Construction Professionals   Exemptions                                       Treatment of Business Entities            Effect of Violation
                 Covered
                 General Contractors,          Government employees, or an officer of         An entity may qualify through a           Suspension, revocation or
                 Subcontractors, and            the court                                      responsible managing employee             nonrenewal; imposition of
                 Specialty Subcontractors      Work by a public utility                                                                 limitations; fines; criminal
                                               Work by the owner of a property for                                                      charges
                                                personal use
                                               Work to repair or maintain property the                                                  Inability to bring or
                                                value being less than $1,000, given                                                      maintain any action for the
                                                certain exceptions                                                                       collection of
                                               The sale of finished projects                                                            compensation for the
                                               Work financed by the federal gov‟t                                                       performance of any act or
                                               Work on property used for agricultural or                                                contract
                                                farming purposes
New Hampshire    Design Professionals         Exemptions                                       Treatment of Business Entities            Effect of Violation
                 Covered
                 Architects                    Nonresident architects in good standing        An entity may be licensed if: (1) one     Class B misdemeanor for
Helpful                                         may render services, but is not permitted      or more of the principles designated      an unlicensed individual,
Resources:                                      to practice                                    as being responsible for the activities   and a felony for
 NH RSA 310-                                  1-2 family dwellings or farm buildings         and decisions of the business             unauthorized business
  A:1 et. seq.                                 Nonstructural alterations                      organization, and is a licensed in this   organizations
 NH RSA 319-                                  Employees of federal government on             state. (2) All personnel of the

                                                                              46
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                State-by-State Licensing Matrix

  C:1 et. seq.                                      federal projects                                business organization who act in its
 NH RSA 329-                                      Buildings which are not principally             behalf are licensed. (3) The business
  A:1 et. seq.                                      structured with reinforced concrete or          organization has been issued a
 http://www.nh.                                    steel and is 4,000 ft2 or less and less than    certificate of authorization by the
  gov/jtboard/arc                                   2.5 stories                                     board, as provided in this section.
  h.htm              Professional Engineers        Employees of the US government                  Same regulations apply to                 Class B misdemeanor for
 http://www.nh.                                   An employee under supervision                   professional engineers as above           an unlicensed individual,
  gov/jtboard/pe.                                                                                                                             and a felony for
  htm                                                                                                                                         unauthorized business
 http://www.nh.                                                                                                                              organizations
  gov/jtboard/ls.h                                                                                                                            Civil penalties not to
  tm                                                                                                                                          exceed $2,000 per offense
 http://www.nh.     Land Surveyors                Licensed professional engineer                  An entity must receive a certificate of   Class B misdemeanor for
  gov/jtboard/lsa.                                 Employees of the federal gov‟t                  authorization from the board.             an unlicensed individual,
  htm                                              Forest management practices                                                               and a felony for
 http://www.nh.                                   Mortgage plot plans and mortgage                                                          unauthorized business
  gov/safety/divis                                  inspection reports, under certain                                                         organizations
  ions/firesafety/                                  qualifications
  building/electri   Landscape Architects          Preparation of shop drawing in                  Not expressly provided                    Class B misdemeanor for
  cian/                                             connection with their work                                                                an unlicensed individual,
 http://www.nh.                                   Work with farms, residences, or                                                           and a felony for
  gov/plumbing/                                     institutional or commercial use where the                                                 unauthorized business
                                                    stamp of a licensed landscape architect is                                                organizations
                                                    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
                     Construction Professionals   Exemptions                                        Treatment of Business Entities            Effect of Violation
                     Covered
                     Electricians                  Any person under the jurisdiction of the        The board may issue a license to          Misdemeanor
                                                    public utilities commission of NH, FCC,         corporations and partnerships

                                                                                   47
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                             or the ICC                                    engaged in the business of making
                                            Maintenance of utility by a utility           electrical installations, provided that
                                             company                                       one or more officers or employees of
                                            Work by employees of industrial or            any such corporation directly in
                                             manufacturing or electrical plants            charge of the business affairs of such
                                            Work in mines, pipe line systems, ships,      corporation, or a member of such
                                             railway rolling stock or auto equipment,      partnership directly in charge of its
                                             or the operation, installation or repair of   business affairs, is licensed
                                             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
                    Plumbers                Public utilities                              The board may issue appropriate            Misdemeanor
                                            Property owners                               licenses to a corporation, partnership,
                                            Employees whose duties include                or limited liability company engaged
                                             installation and maintenance of plumbing      in the business of plumbing, provided
                                             on the property of that company               one or more officers of the
                                            Installation of any heating, cooling, air     corporation, one or more members of
                                             conditioning, or domestic water heating       the partnership, or one or more
                                             systems, and persons engaged in the           managing members of the limited
                                             installation and servicing of water           liability company, holds a master
                                             treatment systems or swimming pools           plumber's license under this chapter.
New Jersey          Design Professionals   Exemptions                                      Treatment of Business Entities             Effect of Violation
                    Covered
Helpful             Architects              Students or employees of licensed             A corporation may offer to provide         Civil penalties determined
Resources:                                   architects acting upon their or under their   architectural services in this State if:   by the board
 N.J.S.A. 45:3-1                            immediate supervision                         2/3 of the directors are licensed
  et. seq.                                  Person acting as designer of a dwelling       architects; and, 2/3 of the shares of      Cannot recover for
 Masen                                      and all appurtenances thereto that are to     stock are owned by licensed                services rendered
  Mountainside                               be constructed by himself solely as a         architects.
  Inn, Inc., 372                             residence for himself or for a member or
  A.2d 640 (App.                             members of his immediate family.
  Div. 1977)                                A builder registered pursuant to “The
 N.J.S.A. 45:8-                             New Home Warranty and Builders'
  27 et. seq.                                Registration Act”

                                                                           48
Plenary 2: Managing the Swell of Conflicting Regulation                                                                                   State-by-State Licensing Matrix

 http://www.stat                                      Professional engineers engaged in certain
  e.nj.us/lps/ca/lis                                    projects
  t1.htm               Professional Engineers and      Licensed non-residents, when such              No corporation, firm, partnership or     Civil penalty of not more
                       Land Surveyors                   practice does not exceed in the aggregate      association shall practice or offer to   than $500 or additional
                                                        30 consecutive days in any calendar year       practice engineering or land             hours of continuing
                                                       Licensed non-residents applying for            surveying in this State unless the       professional competency
                                                        licensure, but only for a limited period of    person or persons in responsible         in land surveying, or both,
                                                        time                                           charge of engineering or land            as imposed by the board,
                                                       An employee under supervision                  surveying work shall be so licensed      for a first offense.
                                                       Officers and employees of the US               to practice in this State. Certain
                                                        government                                     corporations must receive a              Failure to hold a license
                                                       The practice of engineering or land            certificate of authorization             will preclude the ability to
                                                        surveying solely as an officer or                                                       seek payment for services
                                                        employee of a corporation engaged in                                                    rendered
                                                        interstate commerce
                       Construction Professionals     Exemptions                                       Treatment of Business Entities           Effect of Violation
                       Covered
                       Home Improvement               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
                       Contractors
                       New Home Builders              See N.J.S.A Chapter 3B                           See N.J.S.A Chapter 3B                    Civil penalty not to exceed
                                                                                                                                                 $2,000
                       Other than the above, New Jersey does not require specific licensure of contractors; although certain contract trades are controlled by licensure
                       requirements: electrical (N.J.S.A. 45:5A-1, et. seq.), landscape irrigation (N.J.S.A. 45:5AA-1, et. seq.), and plumbers (N.J.S.A. 45:14C-1, et. seq.)
New Mexico             Design Professionals            Exemptions                                        Treatment of Business Entities          Effect of Violation
                       Covered
                       Architects                       Architects who have no established places The practice of architecture may be           Misdemeanor, punishable
Helpful                                                   of business in this state and who are not      offered through the business entity;    pursuant to Section 31-19-
Resources:                                                registered under the Architectural Act         provided the registered architect in    1 NMSA 1978
 NMSA § 61-                                              may act as consulting associates of an         responsible charge of the activities of
  15-1 et. seq.                                           architect registered under the provisions      the business entity involved in such
 NMSA § 61-                                              of the Architectural Act, provided the         practice is an employee of the
  23-1 et. seq.                                           architects are registered as architects in     business entity with the authority to
 http://www.nm                                           another jurisdiction                           bind the entity by contract. All plans,
  bea.org/                                              Architects acting solely as officers or         designs, drawings, specifications or
 http://www.stat                                         employees of the United States or any          reports that are involved in the
  e.nm.us/pepsbo                                          interstate railroad system.                    practice and issued by or for the
  ard/                                                  Employees of licensed architects acting         business entity shall bear the seal and
 http://www.rld.                                         under their supervision                        signature of a registered architect in
  state.nm.us/lan                                                                                        responsible charge of the work when
  dscape/index.ht                                                                                        issued.

                                                                                        49
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

  ml                Engineers and Surveyors       A licensed architect doing work                Business entities are not licensed, but    Civil penalty up to $5,000
 http://www.rld.                                  incidental to the profession                   individuals may practice through           per offense
  state.nm.us/CI                                  An engineer/surveyor employed by an            such organizations provided they are
  D/index.htm                                      entity for work concerned with the             in responsible charge of and directly
                                                   operation of the business                      responsible for such work when
                                                                                                  issued.
                    Construction Professionals   Exemptions                                       Treatment of Business Entities             Effect of Violation
                    Covered
                    Contractors                   Any person who merely furnishes                An entity shall be licensed according      Misdemeanor, punishable
                                                   supplies                                       to the regulations of an individual.       by a fine between $300 -
                                                  Work in petroleum, gas, or water wells         An entity must have complied with          $500 and/or imprisoned
                                                   with some exceptions                           the laws of the state requiring            for 90 days where the
                                                  Public utility or rural electric cooperative   qualification to do business in New        dollar value of the
                                                  RR, telephone or telegraph; pipeline,          Mexico and provide the name of its         contracting work is $5,000
                                                   mining, gas, or oil company; radio or tv       current registered agent and the           or less; where the dollar
                                                   broadcaster; cable tv or community             current address of its registered office   value of the contracting
                                                   antenna company                                in New Mexico                              work exceeds $5,000,
                                                  A person who acts on his own account to                                                   punishable by
                                                   build or improve a single-family                                                          imprisonment for 6
                                                   residence for personal use                                                                months and/or the
                                                  An individual who works only for wages,                                                   payment of a fine of ten
                                                   or who works on a single undertaking that                                                 percent of the dollar value
                                                   does not exceed $7,200 a year given                                                       of the contracting work
                                                   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
New York            Design Professionals         Exemptions                                       Treatment of Business Entities             Effect of Violation
                    Covered
                    Architects                    A limited permit may be granted to             Engineers, land surveyors, architects      Not expressly provided
Helpful                                            licensed nonresidents                          and landscape architects may join in
Resources:                                        The preparation of details and shop            the formation of a joint enterprise, or
 N.Y. Educ.                                       drawings by persons, other than                a partnership or a professional
  Law § 7301 et.                                   architects, for use in connection with the     service corporation or may form any
  seq.                                             execution of their work;                       desired combination of such
 N.Y. Educ.                                      A holder of a valid certificate of the         professions and may use in the name

                                                                                 50
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

  Law § 7201 et.                                    national council of architectural             of such corporation the title of any of
  seq.                                              registration boards may interview but not     the professions which will be
 N.Y. Gen. City                                    work                                          practiced. After the name of each
  Law § 20(27)                                     Engineers and Land Surveyors                  member his profession shall be
  and N.Y. Town                                    Employees or interns who act under the        indicated.
  Law § 136(7)                                      general direction of a licensed architect.
 New York City                                    Contractors or builders in construction
  Admin. Code §                                     contracts.
  26-141 et. seq.   Landscape Architects           Work done by employees in connection          Engineers, land surveyors, architects     Not expressly provided
 http://www.op.                                    with the execution of their work              and landscape architects may join in
  nysed.gov/profl                                  Supervision by builders of the installation   the formation of a joint enterprise, or
  ist.htm                                           of projects                                   a partnership or a professional
                                                   Business conducted in this state by any       service corporation or may form any
                                                    agriculturist, horticulturist, tree expert,   desired combination of such
                                                    arborist, forester, nurseryman or             professions and may use in the name
                                                    landscape nurseryman, gardener,               of such corporation the title of any of
                                                    landscape gardener, landscape contractor,     the professions which will be
                                                    garden or lawn caretaker or grader or         practiced. After the name of each
                                                    cultivator of land                            member his profession shall be
                                                   Employees or interns of someone licensed      indicated.
                                                   Architects, engineers or land surveyors
                    Engineers, and Surveyors       Nonresidents offering to practice who is      Upon application a certificate of         Not expressly provided
                                                    legally qualified in his own state or         authorization shall be issued by the
                                                    country; or who has recently moved and        department to all individuals,
                                                    has filed an application                      corporations, limited liability
                                                   Work on steam, power, or refrigeration        companies, limited liability
                                                    plants by legally authorized persons, or      partnerships, partnerships and joint
                                                    those employed as an engine man,              enterprises specified in subdivision
                                                    operator or driver of any engine or of any    one of this section and which are
                                                    mechanical, electrical, chemical or other     authorized to provide professional
                                                    device or machine                             engineering or land surveying
                                                   Surveys by professional engineers, except     services and pay the appropriate fee.
                                                    the determination of real property
                                                    boundaries
                                                   For more, see: NY Educ § 7208
                    Construction Professionals    Exemptions                                     Treatment of Business Entities             Effect of Violation
                    Covered
                    Electricians and Plumbers: Licensing requirements are governed by local ordinances and may vary
North Carolina      Design Professionals           Exemptions                                    Treatment of Business Entities             Effect of Violation
                    Covered

                                                                                 51
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                    Architects                    Practice of general contracting, or           Any corporation desiring to practice        Class 2 misdemeanor, and
Helpful                                             practice by a registered professional        architecture in this State shall file       subject to a civil penalty
Resources:                                          engineer that is incidental to engineering   corporate application on forms              not to exceed $500.00 per
 G.S. § 83A-1                                      projects or utilities                        provided by the Board, accompanied          day of such violation.
  et. seq.                                        Projects involving certain family             by the required application fee. To be
 G.S. § 89C-1                                      residences, up to 8 attached units, farms,   eligible for a corporate certificate, the
  et. seq.                                          institutional or commercial buildings of     corporation must meet all
 G.S. § 87-1 et.                                   total value not exceeding $90,000 or floor   requirements of the Professional
  seq.                                              area not exceeding 2,500 ft2                 Corporation Act.
 Hawkins v.                                      Work not altering or affecting structural
  Holland, 388                                      systems
  S.E.2d 221                                      Individual making plans for himself
  (1990)            Engineers and Land            The practice of architecture, landscape       A corporation or business firm is           The Board may levy a
 Bryan Builders    Surveyors                       architecture, or contracting or any other    subject to the same duties and              civil penalty not in excess
  Supply v.                                         legally recognized profession or trade.      responsibilities as an individual           of $5,000 for any engineer
  Midyette, 162                                   Nonresident land surveyors or engineers       licensee. All engineering or land           or not in excess of $2,000
  S.W.2d 507                                        under certain conditions                     surveying work done by the                  for any land surveyor
  (1968)                                          Employee/intern under responsible charge      corporation or business firm must be
 http://www.ncb                                    by someone licensed                          performed by or under the
  arch.org/                                       US government employees, or members           responsible charge of individual
 http://www.ncb                                    of the armed forces                          registrants.
  els.org/                                        Fire sprinkler contractors
 http://www.ncb                                  The routine maintenance or servicing of
  ola.org/                                          machinery, equipment, facilities or
 http://www.ncl                                    structures, the work of mechanics in the
  bgc.net/                                          performance of their established functions
                    Landscape Architects         The Board may issue licenses without            A business entity must be registered        Class 2 misdemeanor
                                                 examination and licenses by reciprocity or      with the board and pay a fee. All
                                                 comity to persons holding a license or          landscape architecture performed by
                                                 certificate from any legally constituted        a firm, partnership, or corporation
                                                 board of examiners in another state or          shall be under the direct supervision
                                                 country whose registration requirements are     of an individual who is registered
                                                 deemed to be equal or equivalent to those of    under this Chapter.
                                                 this State.
                    Construction Professionals   Exemptions                                      Treatment of Business Entities              Effect of Violation
                    Covered
                    Contractors                   Entities furnishing or erecting industrial    The contracting party itself must hold      Class 2 misdemeanor
                     Construction Managers        equipment, power plant equipment, radial      the license. It is not sufficient for an
                     Design Builders              brick chimneys, and monuments.                officer, shareholder, or partner to         An unlicensed contractor
                                                  Entities who constructs or alters a           individually hold the license.              may not recover upon his

                                                                                52
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

                                                   building on land owned by that person,                                                 contract. Further, the
                                                   firm or corporation provided such                                                      owner is not entitled to a
                                                   building is intended solely for occupancy                                              refund of monies paid to
                                                   by them                                                                                the contract
                                                  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.
North Dakota          Design Professionals       Exemptions                                       Treatment of Business Entities          Effect of Violation
                      Covered
                      Architects and Landscape    A person working on: a private residence;      Except as a co-partnership of           Class B misdemeanor
Helpful               Architects                   a building that under applicable building      architects, a person may not engage
Resources:                                         code and is not designed for occupancy         in the practice of architecture or
 North Dakota                                     by ten or more individuals, does not           landscape architecture as a
  Century Code                                     exceed two stories in height exclusive of      corporation
  §§ 43-03-01 et.                                  a one-story basement, and is: a garage; a
  seq.; 43-07-01                                   commercial or industrial building; an
  et. seq.; 43-09-                                 office building; a pre-engineered metal
  01 et. seq.; 43-                                 building; a building for the marketing,
  18-01 et. seq.;                                  storage, or processing of farm products; a
  43-19.1-01 et.                                   warehouse; or rental apartment units;
  seq.; 43-35-01                                   farm building; or a nonstructural
  et. seq.; 43-36-                                 alteration of any nature to any building if
  01 et. seq.; 43-                                 the alteration does not affect the safety of
  18.2-01 et. seq.;                                the occupants of the building.
  23-25-03.1                                      A nursery worker, gardener, landscape
 http://www.nds                                   designer, or landscape contractor in the
  ba.net/                                          course of preparing planting plans or
 http://www.ndp                                   installing plant material
  elsboard.org/                                   An architect, a professional engineer, or a
 http://www.nd.                                   land surveyor
  gov/sos/licensin                                An irrigation designer, contractor, or
  g/                                               service provider
 http://www.nds                                  US government employees
  eb.com/             Engineers and Land          Examination is not required for those          An entity may offer such services       Class B misdemeanor
                      Surveyors                    registered in another state or by the          provided all of the partners of such
                                                   National Bureau of Engineering                 partnership, each officer and
                                                   Registration                                   shareholder in the case of a

                                                                                 53
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

                                               Temporary permits may be issued to non-        professional corporation, or each
                                                residents, if from a state which grants        manager and member in the case of a
                                                reciprocity                                    professional limited liability
                                               Those performing any other legally             company are duly registered under or
                                                recognized profession or trade                 exempt from the provisions of this
                                               Any person regularly employed to               chapter, and must receive a certificate
                                                perform engineering services solely for        of authorization by the board
                                                that person's employer
                 Construction Professionals   Exemptions                                       Treatment of Business Entities            Effect of Violation
                 Covered
                 Contractors                   Government employees                           A corporation or business firm is         Class A misdemeanor and
                                               Any person who furnishes any fabricated        subject to the same duties and            civil penalties
                                                or finished product, material, or article of   responsibilities as an individual
                                                merchandise which is not incorporated          licensee.
                                                into or attached to real property by such
                                                person so as to become affixed thereto.
                 Electricians                  Licenses may be granted if reciprocity is      Every person, partnership, company,       Class B misdemeanor
                                                available in that state                        corporation, limited liability
                                               Employees of public utilities, telephone       company, or association that
                                                and radio communication systems                undertakes or offers to undertake
                                               Employees of dealers in household              with another to plan, lay out,
                                                appliances                                     supervise, install, make additions,
                                               A representative of a manufacturing firm       make alterations, or make repairs, in
                                                that is installing or modifying controls of    the installation of wiring, apparatus,
                                                wiring solely on industrial machinery that     or equipment for electric light, heat,
                                                is for use by the firm itself, and             or power, shall apply to the board for
                                                performed by or under the direction of a       a license.
                                                registered professional engineer
                 Plumbers                      Work done on personal residence                At all times a registered and licensed    Class B misdemeanor
                                               Full-time maintenance employees                master plumber, who is responsible
                                               Employees of household appliance               for the proper installation thereof, is
                                                dealers incidental to their work               in charge of such work.
                                               Licenses may be granted if reciprocity is
                                                available in that state
Ohio             Design Professionals         Exemptions                                       Treatment of Business Entities            Effect of Violation
                 Covered
                 Architects                    Work done for 1-4 family housing               More than 50% of the partners,            Misdemeanor of the third
Helpful                                        Installation of replacement equipment or       members, or shareholders and more         degree for a first offense;
Resources:                                      systems that are similar                       than 50% of the directors, in the case    subsequent offenses are a
 O.R.C §                                      Improvement, alteration, repair, or other      of a corporation, are professional        misdemeanor in the first

                                                                              54
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

  4703.01 et. seq.                                   modification where the building official     engineers, surveyors, architects or     degree
 O.R.C. §                                           for the municipality determines that no      landscape architects, or a
  4733.01 et. seq.                                   plans are required for approval              combination of those professions,
 O.R.C. §                                          Structures subject to standards for energy   who are registered in Ohio and who
  4740.01 et. seq.                                   conservation                                 own more than 50% of the interest in
 O.R.C. §§ 3781     Landscape Architects           Engineers                                    the business, or qualify as a           Fine between $50 - $200
  and 3791                                          Architects                                   professional association                fine for the first offense,
 Ohio Basic                                                                                                                              and subsequent offenses
  Building Code                                                                                                                           between $200 - $500
 Ohio Adm.          Engineers and Surveyors        Registered architect whose work is                                                   Fine between $100 - $500
  Code 4101:2-1-                                     incidental to his profession                                                         and/or imprisonment for
  03                                                An engineer engaged solely as an officer                                             not more than 90 days
 Middleburg                                         of a privately owned public utility.
  Hts. V. Ohio                                      US government employees
  Bd. Of Bldg.       Construction Professionals    Exemptions                                     Treatment of Business Entities          Effect of Violation
  Standards, 605     Covered
  N.E.2d 66          HVACR, Electrical,            Reciprocity may be available to waive         An individual may request that his       Minor misdemeanor on
  (1992)             Plumbing, and Hydronics       examination                                   rights in a qualification certificate be the first violation and a
 http://business.   contractors                                                                 assigned to a business entity with       misdemeanor of the fourth
  ohio.gov/licensi                                                                               whom he is associated as a full-time     degree on subsequent
  ng/                                                                                            officer, partner, or employee            violations.
                     County, municipal or township building departments may adopt additional regulations, including the licensing and regulation of general
                     contractors
Oklahoma             Design Professionals          Exemptions                                    Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects and Interior        Professional civil engineer                 The practice of architecture or          Misdemeanor punishable
Helpful              Designers                      Landscape contractor                        landscape architecture through an        by a fine, not to exceed
Resources:                                          An agriculturist, horticulturist, forester, entity is permitted, provided: one or    $1,000, imprisonment in
 Okla Stat. tit.                                    nursery operator, gardener, landscape       more of the principle agents is          county jail not to exceed 1
  59 §§ 46.1 et.                                     gardener, garden or lawn caretaker and      designated as being responsible for      year, or both
  seq.                                               grader or cultivator of land involved in    the entity's activities and decisions;   Civil penalty of not more
 Okla. Stat. tit.                                   the selection, placement, planting and      said principal is duly licensed under    than $100 for each day
  59 § 475.1 et.                                     maintenance of plant material               the State Architectural and              that said violation
  seq.                                              Regional or urban planners                  Registered Interior Designers Act; all continues plus the legal
 Okla. Stat. tit.                                  Landscape designer whose business is        personnel of the entity which act on     costs incurred by the
  59 § 1850.1 et.                                    limited to single-family residential homes its behalf for these professions in the   Board to prosecute the
  seq.                                              Holders of a certification issued by the    state are licensed under the State       case. The maximum civil
 Okla. Stat. tit.                                   National Council of Architectural           Architectural and Registered Interior    penalty shall not exceed
  59 § 1001 et.                                      Registration Boards, provided certain       Designers Act; and the entity has        $10,000.00 for any related
  seq.                                               conditions have been met                    been issued a certificate of authority   series of violations

                                                                                   55
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

 Okla. Stat. tit.                                 Building no more than 2 stories and:          by the Board.
  59 § 1680 et.                                      with occupancy of < than 50
  seq.                                               with no more than 64 transient lodging
 Okla. Stat. tit.                                     units per building
  59 § 1624 et.                                      with gross square footage not
  seq.                                                 exceeding 100,000
 Okla. Stat. tit.                                   is a utility, factory, storage facility,
  68 § 1701 et.                                        residence, high-hazard area, incidental
  seq.                                                 building or appurtenance,
 http://www.ok.                                       uninhabitable agricultural building, or
  gov/Architects/                                      is used by the government or other
 http://www.pels                                      public agency, if the construction value
  .state.ok.us/                                        is < $158,000
 http://www.cib.    Engineers and Land            Other legally recognized professions          One or more of the corporate officers     Misdemeanor, punishable
  state.ok.us/       Surveyors                     Temporary permit holder for engineering       must be designated as the responsible     by a fine between $250 -
                                                    provided certain conditions are met           party with respect to engineering or      $2,000
                                                   Employees or subordinate working under        surveying activities, is qualified, and   Civil penalties between
                                                    the supervision of a licensed engineer or     the firm has been issued a certificate    $250 - $10,000
                                                    surveyor                                      of authorization by the Board
                     Construction Professionals   Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Mechanical contractors        The property owner of record performing       A contractor must be associated and       Misdemeanor, punishable
                                                    minor repairs                                 responsible for all mechanical work       by a fine between $200 -
                                                   Installation of portable, self-contained,     of the entity                             $1,000, or both fine and
                                                    ductless air conditions or heaters; the                                                 imprisonment with the
                                                    setting or connecting of detached air                                                   costs of prosecution
                                                    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
                     Plumbers                      Minor repairs that are not connected to       At least one qualified and licensed       Misdemeanor, punishable
                                                    public water/sewer systems                    person must be a bona fide partner or     by a fine between $200 -

                                                                                 56
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                                                       The installation of certain sprinkler         officer                                 $1,000 and the costs of
                                                         systems                                                                              prosecution
                                                       Maintenance work for state institutions
                                                         and school districts, sprinkler systems,
                                                         and backflow preventers
                                                       Work done on personal residence
                      Electricians                     Minor repairs                                 Not expressly provided                  Misdemeanor, punishable
                                                       Maintenance work for government                                                       by a fine between $200 -
                                                         institutions, telephone equipment,                                                   $1,000 and the costs of
                                                         computer systems, information systems,                                               prosecution
                                                         or public utilities regulated by the                                                 Civil penalties between
                                                         Corporation Commission                                                               $500 - $1,000
                                                       Employee doing electrical work for on
                                                         the property of the firm
                                                       Work done on personal property
                      Welding Inspectors               Any inspector who has been certified by       Not expressly provided                  Misdemeanor punishable
                                                         the American Welding Society                                                         by a fine of $500
                                                       Some weld-test facilities and structural
                                                         steel welders
                      Construction and Building Contractors: There is no state licensing requirements, but nonresident contractors and subcontractors must report
                      certain information to state and local tax agencies. There are some exceptions.
Oregon                Design Professionals            Exemptions                                      Treatment of Business Entities          Effect of Violation
                      Covered
                      Architects                       Employees of registered architects and        An entity may offer architecture        Civil penalties ranging
Helpful                                                  registered professional engineers acting     under a corporate business name only from $1,000 - $5,000 per
Resources:                                               under supervision of their employers.        if (1) two-thirds of the board of       violation
 ORS § 671.010                                        A person making plans for, or supervising directors are licensed as architects or
  et. seq.                                               the erection, enlargement or alteration of, as engineers in a jurisdiction           Unlicensed architects may
 ORS § 672.002                                          a building, or an appurtenance thereto, if   recognized by the Oregon Board of       not maintain a proceeding
  et. seq.                                               the building is: a single family residential Architect Examiners or the Board of     relating to services
 http://licenseinf                                      or farm building, or auxiliary buildings;    Examiners for Engineering and Land rendered
  o.oregon.gov/                                          the building has a ground area of 4,000      Surveying, (2) at least one-third of
                                                         square feet or less and is not more than 20 the board of directors are licensed
                                                         feet in height from the top surface of       architects in a jurisdiction recognized
                                                         lowest flooring to the highest interior      by the Board of Architect Examiners,
                                                         overhead finish of the structure.            and (3) “all persons in charge of
                                                       A person planning, designing, specifying      architecture” in Oregon for the
                                                         or supervising the alterations or repairs to corporation are members of the board
                                                         a building if: the structural part of the    of directors, regularly employed in
                                                         building is not involved; the building       the corporation‟s office that

                                                                                    57
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                               code classification by use or occupancy,      supervises the practice of architecture
                                               or by type of construction, of the building   in Oregon, and registered as
                                               is not changed                                architects
                                              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
                 Landscape Architects         Registered architects and engineers           A business may not provide                Misdemeanor, punishable
                                              Nurserymen, landscape construction            landscape architecture services unless    by a fine between $250 –
                                               professionals, landscape designers            the work is under the full authority      $5,000, a term of
                                              Work done by property owners                  and responsible charge of a registered    imprisonment of not more
                                              Government office performing                  landscape architect who is also an        than 6 months, or both.
                                               landscaping work on public property           owner or officer of the business. A       Civil penalties not to
                                              General contractor, when the total value      business shall file a form with the       exceed $5,000
                                               is less than $2,500                           State Landscape Architect Board
                                              Installation of fences, decks, arbors, etc.   identifying responsible landscape
                                               by a licensed construction contractor         architects by name and registration
                                                                                             number.
                 Engineers and Surveyors    A registered architect, environmental           An entity must employ a full-time         Class A misdemeanor
                                             health specialist, land surveyor                registered engineer and have the          Civil penalties not more
                                            Engineering work performed by a full-           registered engineer perform the work      than $1,000 per offense
                                             time employee, provided certain
                                             conditions
                                            Work done under supervision of a
                                             registered professional engineer
                                            A person who does not purport to be an
                                             engineer or registered professional
                                             engineer
                                            Landowner performing work on his own
                                             property given the same conditions of
                                             architects regarding use, ground area, and
                                             height
                                            Those licensed in another state, given
                                             they write a letter stating they will
                                             comply with Oregon law
                                            Construction contractor, given certain
                                             conditions
                                            For more: see ORS § 672.060

                                                                            58
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                   Construction Professionals    Exemptions                                     Treatment of Business Entities          Effect of Violation
                   Covered
                   Contractors: commercial,         Suppliers, owners, architects and            A business entity must be properly    Criminal sanctions; civil
                   general, residential, and          engineers                                   licensed. The information required    penalties up to $5,000 per
                   specialty                        Casual, minor, or incidental work            for the application differs according violation
                                                    A person working on personal property,       to the entity. See ORS 701.046
                                                      reservation land, or under the jurisdiction                                       A contractor may not seek
                                                      of the federal government                                                         compensation for the
                                                    A person who furnishes materials                                                   performance of any work
                                                    A person working on property as the                                                for breach of contract
                                                      owner‟s employee                                                                  unless registered.
                                                    A licensed: architect, water well                                                  However, there is
                                                      contractor, sewage disposal system                                                discretion not to enforce
                                                      installer, landscape contracting business,                                        the statutory bar
                                                      pesticide operator, appraiser, or a
                                                      registered professional engineer
                                                    Employees of contractors
                                                    Manufacturer of manufactured homes
                                                    Government employees
                   Asbestos abatement contractors (ORS 468A.710(1); OAR 340-248-0005, et. seq.), boiler and pressure vessel businesses (ORS 480.630(1); OAR
                   918-225-0220, et. seq.), manufactured dwelling electrical repair and maintenance electricians (ORS 446.210; OAR 918-282-0100, et. seq.),
                   sewage disposal system contractors (ORS 454.605, 454.655, 701.348; OAR 340-071-0600), underground storage tank contractors (ORS 466.750;
                   OAR 340-160-0005, et. seq.), well drilling contractors (ORS 537.747; OAR 690-205-0005, et. seq.), construction crane operators (ORS 437-003-
                   0081), electrical contractors and electricians (ORS 537.747; OAR 918-282-0000, et. seq.) and plumbers and plumbing businesses (ORS 693.103;
                   OAR 918-695-0000, et. seq.)
Pennsylvania       Design Professionals            Exemptions                                     Treatment of Business Entities        Effect of Violation
                   Covered
                   Architects                      Reciprocal licensing may be available          Business entities must be licensed;   Summary offense,
Helpful                                             Registered engineers                         however, the requirements differ      punishable by a fine not
Resources:                                          Persons acting under the supervision of a    slightly according to the entity.     exceeding $500 and/or
 63 Pa.C.S.A. §                                      licensed architect                          Primarily, at least two-thirds of the imprisonment not
  34.1 et. Seq.                                     Construction management services             primaries must be licensed under the  exceeding 90 days. A
 63 Pa.C.S.A. §                                      performed by persons customarily            laws of any state to practice         second or subsequent
  148 et. seq.                                        engaged in such work                        architecture, engineering or          offense is a misdemeanor,
 Rosen v.                                          Preparation of 1-2 family dwellings not      landscape architecture; and at least  punishable by a fine
  Bureau of                                           more than 3 stories, accessory structures,  one-third of the primaries are        between $2,000 –$5,000,
  Prof’l and                                          or farm buildings                           licensed under the laws of any state  and/or to imprisonment
  Occupational                                      Preparation for work not involving           to practice architecture.             between 1-2 years
  Affairs, 763                                        structural or egress changes                                                      Civil penalties up to
  A.2d 965 (Pa.                                     US government employees                                                            $1,000, and return any

                                                                                59
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

    Commw. Ct.                                 Regular employees of any RR, telephone                                                 fees collected in
    2000)                                       or telegraph company                                                                   connection with the
   53 Pa.C.S.A. §                             Design-build services, provided certain                                                practice or offering to
    4591 et. seq.                               conditions                                                                             practice architecture.
   http://www.dos.    Engineers and Land      Employee acting under the supervision of     The directing heads and employees         Summary offense,
    state.pa.us/bpoa   Surveyors                someone licensed                             of such firm or corporation in            punishable by a fine not
    /cwp/view.asp?                             Nonresident who is licensed in another       responsible charge of its activities in   exceeding $1,000, and/or
    a=1104&q=432                                and does not work more than 30 days in       the practice of such profession are       imprisonment, not
    449                                         the aggregate calendar year                  licensed and registered in conformity     exceeding 3 months; and a
   http://www.dos.                            US government employees                      with the requirements of this act, and    second or subsequent
    state.pa.us/bpoa                           regular employees of a public utility        whose name, seal and signature,           offense is a felony,
    /cwp/view.asp?                              company provided, they employ at least       along with the date of signature, shall   punishable by a fine of not
    a=1104&q=432                                one professional engineer and land           be stamped on all plans,                  less than $2,000 - $5,000
    715                                         surveyor who are responsible for the         specifications, plats and reports         and/or imprisonment
   http://www.dos.                             work                                         issued by such firm or corporation.       between 1-2 years
    state.pa.us/bpoa                           Licensed architects whose work is                                                      Civil penalty up to $1,000
    /cwp/view.asp?                              incidental to their professions
    a=1104&q=432                               Practice by any employee of a business
    771                                         entity unless such practice affects the
   http://www.dos.                             public safety or health or the property of
    state.pa.us/bpoa                            some other person or entity.
    /cwp/view.asp?                             Work by a manufacturing, mining,
    a=1104&q=432                                communications common carrier,
    771                                         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.
                       Landscape Architects    Employees who work under the                 Not expressly provided                    Summary offense and
                                                supervision of a licensed landscape                                                    upon conviction thereof,

                                                                             60
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

                                                   architect who takes responsibility                                                      shall be sentenced to pay a
                                                  Nonresidents who are licensed and do not                                                fine not exceeding three
                                                   practice for more than 30 days aggregate                                                hundred dollars ($300) or
                                                   in a calendar year                                                                      undergo imprisonment not
                                                  Registered architects, engineers or land                                                exceeding ninety days, or
                                                   surveyors as is incidental to their services                                            both.
                                                  US government employees
                                                  Community and regional planners;                                                        Civil penalties up to
                                                  Agriculturists, horticulturists, foresters,                                             $1,000
                                                   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.
                  Construction Professionals     Exemptions                                       Treatment of Business Entities           Effect of Violation
                  Covered
                  Construction-associated        See ABA Guide, pgs. 874, 888 – 890               See ABA Guide, pgs. 874, 888 – 890       See ABA Guide, pgs. 874,
                  trades: plumbing, asbestos     and statutes cited there                         and statutes cited there                 888 – 890 and statutes
                  abatements, water well                                                                                                   cited there
                  drilling, electricians
Puerto Rico       Design Professionals           Exemptions                                       Treatment of Business Entities           Effect of Violation
                  Covered
                  Architects, Engineers,          Reciprocity may be available for               Unlicensed corporations may not          Criminal penalties
Helpful           Surveyors, and Interior          architects, engineers, and interior            engage in architecture or engineering,
Resources:        Designers                        designers                                      however, licensee may practice
 20 LPRA §                                                                                       through a corporation
  711, et. seq.   Construction Professionals     Exemptions                                       Treatment of Business Entities           Effect of Violation
 17 LPRA §       Covered
  501, et. seq.   Developers of large            See ABA Guide, pgs. 897 – 898 and statutes       See ABA Guide, pgs. 897 – 898 and        Misdemeanor, punishable
                  dwelling projects              cited there                                      statutes cited there                     by a fine between $100 -
                                                                                                                                           $1,000 and/or
                                                                                                                                           imprisonment for not
                                                                                                                                           more than 6 days.
                  Plumbers, Electricians,         See ABA Guide, pg. 898 and statutes cited       See ABA Guide, pg. 898 and statutes      See ABA Guide, pg. 898
                  Refrigeration and Air           there                                           cited there                              and statutes cited there
                  Conditioning technicians
                  Contractors are not generally required to be licensed, except as provided above
Rhode Island      Design Professionals            Exemptions                                      Treatment of Business Entities           Effect of Violation

                                                                                 61
Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                       Covered
                       Architects                    1-2 family houses and any minor              3 requirements must be satisfied: 2/3     Misdemeanor, punishable
Helpful                                               accessory building                           of the partners/directors/managers        by a fine of not more than
Resources:                                           An employee of a lawfully practicing         must be registered under the laws of      $1,000 on the first offense,
 R.I. Gen. Laws.                                     registered architect                         any state; 1/3 must be registered         between $1,000 - $2,000
  § 5-1-1 et. seq.                                   Registered professional engineer doing       under the laws of any state for           for any subsequent, and/or
 R.I. Gen. Laws.                                     work incidental to his practice              architecture; and the person having       imprisonment for not
  § 5-8-3 et. seq.                                   Construction or alteration of farm           the practice in his charge must           more than 1 year
 R.I. Gen. Laws                                      buildings not for human habitation           himself be a partner/director/manager
  § 5-8.1-1 et.        Engineers                     Non-residents applying for temporary         Individuals may practice through an       Misdemeanor, punishable
  seq.                                                certificates, and recent arrivals            entity provided, that the individuals:    by a fine of not more than
 R.I. Gen. Laws                                     Employees and subordinates,                  (1) are in direct control of the          $1,000 on the first offense,
  § 5-51-1 et. seq.                                  Federal employees                            practice; (2) exercise personal           between $1,000 - $2,000
 R.I. Gen. Laws                                     Partnership or corporate practice            supervision of all personnel who act      for any subsequent, and/or
  § 5-65-1 et. seq.                                  Railroad, telephone, telegraph, and other    in behalf of the firm in professional     imprisonment for not
 http://www.bdp                                      public utility companies                     and technical matters; and (3) are        more than 1 year
  .state.ri.us/arch/                                 Manufacturing, Research and                  registered under the provisions of this
 http://www.bdp                                      development corporations                     chapter; and provided, that the firm
  .state.ri.us/peng                                  Architects, landscape architects, and land   has been issued a certificate of
  /                                                   surveyors                                    authorization by the board of
 http://www.bdp                                                                                   engineers.
  .state.ri.us/pls/    Land Surveyors                Employees and subordinates to a person       Same conditions apply as above, but       Misdemeanor, punishable
 http://www.bdp                                      holding a certificate of registration        relating to the practice of land          by a fine of not more than
  .state.ri.us/larch                                 Federal employees                            surveyors                                 $4,000 on the first offense,
  /                                                  Engineers, architects, or landscape                                                    between $4,000 - $10,000
 http://www.crb.                                     architects                                                                             for any subsequent, and/or
  ri.gov/default.p                                                                                                                           imprisonment for not
  hp                                                                                                                                         more than 1 year
 http://www.dlt.r     Landscape Architecture        Employees of the US government, the          Same conditions apply as above, but       Civil penalty of $1,000 for
  i.gov/profregs/                                     state, city, town, or regional planners      relating to the practice of landscape     the first offense, and
                                                     Architects, professional engineers, land     architects                                $2,000 for each
                                                      surveyors, landscape gardeners, or                                                     subsequent offense
                                                      nursery workers
                       Construction Professionals   Exemptions                                     Treatment of Business Entities            Effect of Violation
                       Covered
                       Contractors                   A person working on his own personal         In the case of registration by an         Misdemeanor, punishable
                                                      property                                     entity, an individual shall be            by imprisonment not
                                                     Work done on any site under the              designated to be responsible. The         exceeding 1 year, or fined
                                                      jurisdiction of the federal gov‟t            corporation or partnership and its        not more than $5,000 for a
                                                     A person working on one structure            designee shall be jointly and             first offense, and not more

                                                                                   62
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                                                 costing less than $500 and the work is        severally liable for the payment of       than $10,000 for a
                                                 casual or minor                               the registration fee, as requested in     subsequent offense
                                                Employees of a contractor                     this chapter, and for violations of any
                                                Manufacturer of a mobile home                 provisions of this chapter.
                                                 constructed under standards established
                                                 by the federal gov‟t
                       Asbestos contractors    R.I. gen. Laws § 23-24.5-12                   See ABA Guide, pg. 913 and cited          See ABA Guide, pg. 913
                       Hoisting engineers      R.I. gen. Laws § 28-26-1                      statutes there                            and cited statutes there
                       Electricians            R.I. gen. Laws § 5-6-1
                       Plumbers                R.I. gen. Laws §5-20-1
                       Pipefitters...          R.I. gen. Laws § 28-27-1
                       Well drilling...        R.I. gen. Laws § 46-13.2-4
South Carolina        Design Professionals     Exemptions                                      Treatment of Business Entities            Effect of Violation
                      Covered
                      Architects                Buildings used for farm purposes              All firms must employ 1 or more           Misdemeanor, punishable
Helpful                                         Buildings less than 3 stories and             architects registered in South            by imprisonment for not
Resources:                                       containing less than 5,000 ft2 of the total   Carolina who must be charged with         more than 1 year, or fined
 S.C. Code Ann.                                 floor area, with certain exceptions           the authority and responsibility for      not more than $50,000
  § 40-3-10 et.                                 Detached 1-2 family dwellings                 the architectural practice. All           Civil fines not to exceed
  seq.                                          Alterations which do not increase the         personnel acting as architects must       $2,000 for each violation,
 S.C. Code Ann.                                 areas and capacities or affect the            register and maintain a current           but not to exceed a total of
  § 40-28-10 et.                                 structural safety                             registration.                             $10,000
  seq.                                          Architectural work incidental to the
 S.C. Code Ann.                                 practice of engineering
  § 40-22-10 et.      Landscape Architects      A person acting under the supervision of      An entity meet the following              Misdemeanor, punishable
  seq.                                           a lawfully practicing landscape architect     provisions: one or more of the            by a fine between $50 -
 S.C. Code Ann.                                Registered professional architect,            principles are designated as being        $500 and/or imprisonment
  § 40-11-5 et.                                  engineer, or surveyor practicing              responsible for the professional          not exceeding 6 months
  seq.                                           incidental to their professions               services; and all personnel who act in
 http://www.llr.s                              Employees of the US or SC government          its behalf as landscape architects are
  tate.sc.us/pol.as                             Nurseryman, general or landscape              licensed under this chapter; and the
  p                                              contractor                                    entity has been issued a certificate of
                                                                                               authorization by the department.
                      Engineers and Land        Employees or subordinates of someone          1+ of the principal agents must be        Misdemeanor, punishable
                      Surveyors                  registered                                    designated as being responsible for       by imprisonment for not
                                                US government employee                        the professional services and licensed    more than 6 months and/or
                                                Regular employees of a public utility,        in SC; all acting personnel must be       a fine between $500 -
                                                 telephone utility, or an electrical utility   licensed as engineers or surveyors;       $2,000
                                                Employee of an electric cooperative           and the firm must be issued a
                                                Work by a regular employee of a state         certificate of authorization

                                                                                 63
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                                                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
                 Construction Professionals   Exemptions                                        Treatment of Business Entities          Effect of Violation
                 Covered
                 General and Mechanical        Cost of the contract does not exceed            Entities may be registered provided     Misdemeanor, punishable
                 Contractors                     $5,000                                         that they follow the statutory rules    by imprisonment for not
                                               Work done to a property used solely by                                                  more than 1 year or a fine
                                                 the owner for a period of at least 2 years                                             not exceeding $5,000
                                               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
                 Plumbers                     Cities > 15,000:                                  Not expressly provided                  Cities > 15,000:
                                              All such cities or towns in this State shall                                              Misdemeanor, punishable
                                              provide by ordinance rules and regulations                                                by a fine between $5 -
                                              for the construction of all plumbing and                                                  $100 per offense
                                              sewerage placed in or on any building or the
                                              premises thereof in any such city or town,                                                Counties > 150,000:
                                              and no work of this character shall be done                                               Misdemeanor, punishable
                                              unless a permit is issued therefor, except that                                           by a fine of not more than
                                              leaks may be repaired without securing such                                               $100 and/or imprisonment
                                              a permit.                                                                                 of not more than 30 days
                                              Counties > 150,000:
                                              Local regulations supersede county rules
                                              and regulations
                 Residential Home Builders     Mechanical contractors                          An entity may practice, provided: one   Misdemeanor, punishable

                                                                               64
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                                                     Residential property owners who improve       or more of the principles are            by a fine not more than
                                                      the property, if: he does the work himself,   designated as the resident licensee in   $1,000 and/or
                                                      with his employees, or with a licensed        responsible charge of each principal     imprisonment for not
                                                      contractor; the structure(s) are intended     or branch office for the building        more than 2 years
                                                      for the owner‟s sole occupancy; and the       services regulated by the commission
                                                      general public does not have access to the    and are licensed under the provisions    A person or firm who first
                                                      structure. The owner must also personally     of this chapter; the firm has obtained   has not procured a license
                                                      sign the building permit application and      an executed surety bond approved by      or registered with the
                                                      provide a disclosure statement                the commission in the sum of fifteen     commission and is
                                                                                                    thousand dollars initially and as        required to do so by law
                                                                                                    subsequently provided by regulation;     may not file a mechanics'
                                                                                                    and the firm has been issued a           lien or bring an action at
                                                                                                    residential business certificate of      law or in equity to enforce
                                                                                                    authorization by the commission          the provisions of a
                                                                                                                                             contract
South Dakota          Design Professionals          Exemptions                                      Treatment of Business Entities           Effect of Violation
                      Covered
                      Engineers, Architects, Land    Military engineering by the US Armed          An entity must first register with the   Class 1 misdemeanor
Helpful               Surveyors, and Landscape        Forces or South Dakota                        State Commission of Engineering          punishable by 1 year
Resources:            Architects                     Employees of the government, or projects      Architectural and Land Surveying         imprisonment, a fine of
 SDCL Ch. 36-                                        which lie within federally-owned land         examiners. See SDCL Ch. 47-1A,           $2,000, or both; or a Class
  18A                                                Those under supervision of someone            48-7, and 48-7(A)                        2 , which includes 30 days
 SDCL Ch. 34-                                        licensed, or working for his employer                                                  imprisonment, a fine of
  44                                                 1-4 family dwellings; 5-16 family                                                      $500, or both
 SDCL Ch. 36-                                        dwellings located in a governmental
  16                                                  subdivision; farm or ranch buildings; any                                              The contract is
 SDCL Ch. 36-                                        temporary buildings                                                                    unenforceable
  25                                                 New construction on certain buildings
 http://www.stat                                    Full time employee of an entity doing
  e.sd.us/dol/boar                                    work exclusively for his employer
  ds/engineer/        Construction Professionals    Exemptions                                      Treatment of Business Entities           Effect of Violation
 http://www.stat     Covered
  e.sd.us/denr/de     Asbestos Contractors           Persons who carry out action, as defined      Not expressly provided                   Class 1 misdemeanor
  nr.html                                             in the Asbestos Hazard Emergency                                                       Civil penalties not to
 http://www.stat                                     Response Act of 1986 sections 203(f) and                                               exceed $1,000 per
  e.sd.us/dcr/elect                                   204(c) are not required to be certified.                                               violation
  rical/              Electrical Contractors         Persons installing electrical in their own    Licensure is required                    Class 2 misdemeanor
 http://www.stat                                     homes
  e.sd.us/dcr/plu                                    Utilities engaged in electrical energy
  mbing/                                             Employees of telephone, telegraph, radio

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                                                      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
                      Plumbing Contractors          Plumbing or repair work on premises           Not expressly provided                     Class 2 misdemeanor
                                                      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;
Tennessee             Design Professionals         Exemptions                                      Treatment of Business Entities             Effect of Violation
                      Covered
                      Architects, Engineers, and    Buildings less than 3 stories in height and   An entity may practice, provided: at       Class B misdemeanor
Helpful               Landscape Architects           5,000 ft2                                     least 1 of the principals or officers of
Resources:                                          Certain residential structures, and farm      such entity is in responsible charge of
 Tenn. Code                                         buildings                                     such practice and is registered as
  Ann. § 62-2-                                      Non-resident consulting professionals, if     herein required of architects,
  101 et. seq.                                       they render professional services to their    engineers and landscape architects, or
 Tenn. Code                                         employer only                                 is otherwise by this chapter
  Ann. § 62-6-                                      Employees doing such work solely for his      authorized to practice. The entity
  101 et. seq.                                       employer                                      must file with the board a list of
 http://tennessee.                                 Employees of a municipal electric system      names and addresses of the principles
  gov/commerce/                                      or electric and community service             in responsible charge of such
  boards/contract                                    cooperative, or telephone cooperative         practices.
  ors                                               Individuals working under the
 Tenn. Code                                         supervision of someone licensed
  Ann. § 62-56-       Land Surveyors                Grundy and Coffee Counties, see Tenn.         Any registered land surveyor may           Class C misdemeanor
  501 et. seq.                                       Code Ann. § 62-18-109(b)(2) and ABA           practice the profession through a
 Tenn. Code                                         Guide at pg. 982                              business entity; provided: that all

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                           State-by-State Licensing Matrix

  Ann. § 62-18-                                                                                  such surveys are signed and stamped
  101 et. seq.                                                                                   with the signature and seal of the
 http://tenessee.g                                                                              registered land surveyor in
  ov/commerce/b                                                                                  responsible charge, who is personally
  oards/surveyors                                                                                and professionally responsible.
                      Construction Professionals   Exemptions                                    Treatment of Business Entities           Effect of Violation
                      Covered
                      Contractors                   Subcontractors – unless electrical,         Corporations and partnerships may        Class A misdemeanor
                                                     mechanical, or plumbing                     engage in the business of contracting;
                                                    Licensed engineers                          provided, that at least one (1) of the   The contract is void
                                                    Sequatchie County                           major stockholders or partners or        against public policy
                                                    Any person, firm or church that owns        full-time employee with a written
                                                     property and constructs thereon single      power of attorney to bind the
                                                     residences, farm buildings or other         corporation or partnership has
                                                     buildings for individual use, and not for   sufficient knowledge of the
                                                     resale, lease, rent or other similar        construction business in which such
                                                     purpose, with certain exceptions            persons are licensed to perform. If
                                                    Single residences constructed by certain    the person who took the examination
                                                     entities (nonprofits, students, churches,   for the partnership or corporation
                                                     etc.)                                       leaves the firm for any reason, the
                                                                                                 partnership or corporation must
                                                                                                 designate an individual to take the
                                                                                                 examination within three (3) months.
                      Home Improvement              A plumber, electrician, architect or any    Not expressly provided                   Class A misdemeanor
                      Contractors                    other person who is required by state or                                             Civil penalties up to $500,
                                                     local law to attain standards of                                                     or $25,000 if violating
                                                     competency or experience as a                                                        certain consumer
                                                     prerequisite to engaging in a craft or                                               protection provisions
                                                     profession, and who is acting exclusively
                                                     within the scope of their profession
                                                    Any retail clerk, clerical employee,
                                                     salesperson or other employee of a
                                                     licensed home improvement contractor;
                                                    Any licensed residential or commercial
                                                     contractor
                                                    Interior designer.
                                                    A homeowner doing improvements on
                                                     their property
Texas                 Design Professionals         Exemptions                                    Treatment of Business Entities           Effect of Violation
                      Covered

                                                                                  67
Plenary 2: Managing the Swell of Conflicting Regulation                                                                            State-by-State Licensing Matrix

                    Architects                    Activities of licensed engineers, their      The board by rule may require an          Misdemeanor punishable
Helpful                                            employees, and the employees of licensed     entity that engages in the practice of    by a fine between $250 -
Resources:                                         architects                                   architecture, landscape architecture,     $1,000
 Tex. Occ. Code                                  Employees of certain utilities               or interior design to register with the   Administrative penalty not
  Ann. §                                          Activities of certain persons not            board under this subtitle.                to exceed $5,000
  1051.101 et.                                     represented to be architects with certain
  seq.                                             provisions
 Tex. Occ. Code    Landscape Architecture and    Persons who do not use the title             The board by rule may require an          Administrative penalty not
  Ann. § 1001.      Interior Design                “landscape architect”                        entity that engages in the practice of    to exceed $5,000
  001 et. seq.                                    Licensed nonresident who either serves as    architecture, landscape architecture,
 Tex. Occ. Code                                   a consultant to, or employs a TX licensee    or interior design to register with the
  Ann. §                                          Those licensed by the Department of          board under this subtitle.
  1071.001, et.                                    Agriculture as to selling nursery stock
  seq.                                            Building designer, landscape contractor,
 http://www.tbae                                  landscape designer, or golf course
  .state.tx.us/                                    designer
 http://www.tbp                                  Work for a single-family residence, or
  e.state.tx.us/                                   multifamily residential project not an
 http://www.txls                                  assisted living facility, farm, wildlife
  .state.tx.us/                                    management, habitat restoration, or
 http://www.trcc                                  agricultural projects
  .state.tx.us/                                   Licensed architect, engineer, or land
                                                   surveyor
                    Engineers                     Employees of someone licensed                Not expressly provided                    Class A misdemeanor
                                                  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

                                                                                68
Plenary 2: Managing the Swell of Conflicting Regulation                                                                               State-by-State Licensing Matrix

                     Land Surveyors                 None listed                                     An entity may not offer professional      Civil penalty not
                                                                                                    surveying services unless the entity is   exceeding $1,500 per
                                                                                                    registered with the board and a           violation
                                                                                                    registered professional land surveyor     Class B misdemeanor
                                                                                                    is employed full-time where the
                                                                                                    services are offered.
                     Construction Professionals     Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                      Residential builders,           Tex. Prop. Code Ann. § 416.001              Foreign corporations doing business       See ABA Guide, pg. 997
                      Fire-related systems,           Tex. Ins. Code Ann. Art. 5.43-2             in Texas are required to obtain a         and statutes cited there
                      Boiler work,                    Tex. Water Code Ann. § 37.003               Certificate of Authority from the
                      Plumbers,                       Tex. Occ. Code Ann. § 1301.351              Secretary of State in accordance with
                      Electricians,                   Tex. Occ. Code Ann. § 1305.151              Tex. Bus. Corp. Act. Ann., art. 8.01
                      HVAC contractors,               Tex. Occ. Code Ann. § 1302.251              et. seq.
                      Mold Remediation                Tex. Occ. Code Ann. §1958.101
                       contractors,
                      Asbestos Abatement,           Tex. Occ. Code Ann. § 1954.101
                      Underground storage           Tex. Water Code Ann. § 37.003
                       tank contractors,
                      Elevators and lifts           Tex. Health & Safety Code Ann. §
                                                      754.0171
Utah                 Design Professionals           Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Architecture                    1-4 family residences not exceeding 2         Business entities are not licensed, but   $1,000 for a first violation,
Helpful              (similarly licensed are:         stories                                       instead they are required to employ a     $2,000 for a second, and
Resources:           Engineers, Land Surveyors,      Work to an existing building affecting an     “principal” who is a licensed             $2,000 for each day of a
 U.C.A. title 58,   Geologists, and Landscape        area not exceeding 3,000 ft2, not affecting   architect.                                third or any subsequent
  chapters 3a, 22,   Architects)                      structural elements                                                                     violation
  76, 53, 55                                         Employees and subordinates to a licensed
 http://www.dop                                      architect
  l.utah.gov                                         Licensed professional engineer
                                                     Licensed nonresident, under certain
                                                      conditions
                                                     See also: § 58-1-307
                     Construction Professionals     Exemptions                                      Treatment of Business Entities            Effect of Violation
                     Covered
                     Construction Trades:            See Section 58-55-305, which includes:        Business entities must be licensed        $1,000 for a first violation,
                     general building,                government employees, public utilities,                                                 $2,000 for a second, and
                     engineering, residential and     homeowner, and construction relating to                                                 $2,000 for each day of a
                     small commercial,                metal and coal mining and well drilling                                                 third or any subsequent

                                                                                    69
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

                      electrical, plumbing, and     See also: § 58-1-307                                                                   violation
                      specialty contractors
Vermont               Design Professionals         Exemptions                                     Treatment of Business Entities            Effect of Violation
                      Covered
                      Architects                    Licensed engineers or employees under        An entity may furnish architectural       Civil fines up to $1,000
Helpful                                              the supervision of their employer            services, if a licensed architect is on   and criminal sanctions
Resources:                                          Preparation of shop drawings                 the staff, and is in “responsible         including a fine up to
 26 VSA § 121                                      Detached 1-4 family dwellings, incidental    charge” of the services and signs and     $5,000 and/or
  et. seq.                                           buildings, farm buildings                    seals of the plan                         imprisonment for up to 1
 26 VSA § 1161                                     Pre-engineered buildings – if their plans                                              year
 26 VSA 2501                                        were appropriately stamped
  et. seq.            Engineers                     Dwellings up to 3 units                      A corporation created after July 1,       Same as above
 10 VSA 1975                                       Public works built by a municipality, and    1984, or a limited liability company,
 http://www.anr.                                    buildings not “public”                       completely or in part for the practice
  state.vt.us/dec/                                  Design of certain small-scale water          of engineering shall incorporate as a
  ww/Rules/OS/2                                      supply and wastewater disposal system by     professional corporation, or organize
  007/FinalWSP                                       licensed designers                           as a professional limited liability
  WSRuleEffecti                                     Government employees                         company.
  ve20070929.pd                                     Employees/student of licensed
  f                                                  professional engineers
 26 VSA 901 et.                                    An employee of a corporation in
  seq.                                               interstate communications
 26 VSA 2171                                       Temporary practice by those licensed in
  et. seq.                                           another jurisdiction, or otherwise
 http://vtprofessi                                  recognized
  onals.org/          Land Surveyors                Placement of temporary markers, the          An entity may furnish land surveyor       Same as above
                                                     preparation of tax assessment and            services provided a member or
                                                     valuation maps, and the performance of       employee is licensed and is in
                                                     duties incidental to other professions       responsible charge of such surveys,
                                                    Government employees, and those under        and provided all land surveys are
                                                     supervision of someone licensed              signed and stamped with the personal
                                                                                                  seal of the licensed land surveyor in
                                                                                                  responsible charge.
                      Water/Sewer Systems           Licensed engineer, provided certain          Not expressly provided                    Disciplinary action
                      Designers                      conditions
                      Construction Professionals   Exemptions                                     Treatment of Business Entities            Effect of Violation
                      Covered
                      Electricians                  The construction, installation, operation,   Not expressly provided                    Fine: $1,000 per offense
                                                     repair or maintenance of electrical
                                                     installations which are used by public

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                              State-by-State Licensing Matrix

                                                    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.
                     Plumbers                      Work on personal property by the owner         Not expressly provided                   Fine: $1,000 per offense
                                                    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
Virginia             Design Professionals         Exemptions                                       Treatment of Business Entities           Effect of Violation
                     Covered
                     Architects, Engineers, and    Practice of professional engineering and       An entity must hold a certificate of     Class 1 misdemeanor,
Helpful              Land Surveyors                 land surveying by a licensed architect         authority. As a condition of             after 3 + convictions
Resources:                                         Practice of architecture and land              registration, the entity shall name at   within 36 months it is a
 Va. Code Ann.                                     surveying by a licensed professional           least one licensed architect,            Class 6 felony
  § 54.1-401 et.                                    engineer                                       professional engineer, land surveyor,    Civil penalty not to exceed
  seq.                                             Practice by a nonresident, provided that       landscape architect or certified         $2,500
 Va. Code Ann.                                     such person is otherwise qualified for         interior designer for such profession
  § 54.1-1100 et.                                   such professional service in another state     offered or rendered. The person or
  seq.                                              or country and qualifies in Virginia and       persons named shall be responsible
 http://www.dpo                                    files prior to commencement of such            and have control of the regulated
  r.virginia.gov/d                                  practice an application for licensure.         services rendered by the entity.

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

  porweb/boards.                                 Work done under the supervision of a
  cfm                                             licensed professionals
                                                 Employee of the US government
                                                 Work done on personal property that
                                                  does not affect public health and safety
                                                 Practice of engineering solely as an
                                                  employee of a corporation engaged in
                                                  interstate commerce, or as an employee
                                                  of a public service corporation, by
                                                  rendering such corporation engineering
                                                  service in connection with its facilities
                                                  which are subject to regulation by the
                                                  State Corporation Commission
                                                 For more see VA Code Ann. § 54.1-402
                   Construction Professionals   Exemptions                                    Treatment of Business Entities           Effect of Violation
                   Covered
                   Contractors                     Any governmental agency                   Business entities must also seek         Class 1 misdemeanor,
                                                   Work for the US armed services            licensure                                after 3 + convictions
                                                   Work for the US government                                                         within 36 months it is a
                                                   Work for the Department of                                                         Class 6 felony
                                                    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

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

                                                 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
                     Tradesmen: electrical,   There are certain exemptions from the             Not expressly provided                 Class 1 misdemeanor
                     plumbing and heating,    examination, but not the licensure
                     ventilation and air      requirement
                     conditioning             See. Va. Code Ann. § 54.1-1131
Washington           Design Professionals     Exemptions                                        Treatment of Business Entities         Effect of Violation
                     Covered
                     Architects                The practice of naval architecture,             An entity must file with the board,    Misdemeanor
Helpful                                         landscape architecture, engineering, space      the application for certificate of     Civil penalty not to exceed
Resources:                                      planning, interior design, or any legally       authorization upon a form to be        $1,000 for each offense.
 RCW                                           recognized profession                           prescribed by the board and
  18.08.310 et.                                Employees of architects, engineers, naval       containing information required to     No person practicing
  seq.                                          architects, or landscape architects acting      enable the board to determine          architecture is entitled to
 RCW                                           under the supervision of their employers        whether the corporation is qualified   maintain a proceeding in
  18.96.010 et.                                Work on structures by contractors or            under this chapter to practice         any court of this state
  seq.                                          superintendents employed by contractors         architecture in this state             relating to services in the
 RCW                                           or the preparation of shop drawings in                                                 practice of architecture
  18.43.010 et.                                 connection therewith                                                                   unless it is alleged and
  seq.                                         Owners or contractors engaging persons                                                 proved that the person was
 RCW                                           to observe and supervise construction of a                                             registered at the time the
  18.27.005 et.                                 project                                                                                services were performed
  seq.                                         Any person doing design work for a
 RCW                                           residential building of up to and including
  19.28.006 et.                                 four dwelling units, any auxiliary
  seq.                                          buildings, or farm buildings
 RCW                                          Work to a building of any occupancy up
  18.106.010 et.                                to four thousand square feet of
  seq.                                          construction
 http://www.dol.                              Design-build construction if the structural
  wa.gov/listoflic                              design services are performed by a
  enses.html                                    registered engineer
                                               Any person from designing buildings or
                                                doing other design work for any structure
                                                prior to the time of filing for a building

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Plenary 2: Managing the Swell of Conflicting Regulation                                                                     State-by-State Licensing Matrix

                                            permit
                                           Any person designing buildings if the
                                            plans are stamped by a registered
                                            engineer or architect.
                 Landscape Architects      The practice of architecture, land            A certificate of licensure may be         Misdemeanor
                                            surveying, engineering, geology, or any       granted to a business entity, based
                                            recognized profession                         upon the same qualifications as an
                                           Employees of landscape architects acting      individual
                                            under supervision
                                           Work on sites by contractors or
                                            superintendents employed by contractors
                                            or the preparation of shop drawings in
                                            connection therewith
                                           Qualified professional biologists
                                           The preparation of construction
                                            documents including planting plans,
                                            landscape materials, or other horticulture-
                                            related elements
                                           Individuals working on any property
                                            owned by them and for their own
                                            personal use
                                           The design of irrigation systems
                                           Landscape design on residential
                                            properties.
                 Engineers and Land        The practice of any other legally             An entity may practice engineering        Gross misdemeanor
                 Surveyors                  recognized profession or trade                or land surveying, or both, provided:
                                           Nonresident, or recently relocated,           the entity has filed with the board an
                                            practicing less than 30 aggregate days in a   application for certificate of
                                            calendar year provided certain conditions     authorization; designate a responsible
                                           The work of an employee or a                  party licensed accordingly to
                                            subordinate of a person holding a             supervise and seal all work
                                            certificate of registration
                                           The work of a person rendering services       The practice of engineering and/or
                                            to a corporation, as an employee of such      land surveying in this state by a
                                            corporation                                   partnership if the partnership
                                           US government employees                       employs at least one person holding a
                                           Nonresident engineers employed for the        valid certificate of registration under
                                            purpose of making engineering                 this chapter to practice engineering or
                                            examinations                                  land surveying, or both.
                                           Business entities lawfully practicing in

                                                                         74
Plenary 2: Managing the Swell of Conflicting Regulation                                                                        State-by-State Licensing Matrix

                                                this state

                 Construction Professionals   Exemptions                                      Treatment of Business Entities         Effect of Violation
                 Covered
                 Contractors                   US government employee or officers of a       Registration may be granted to a       Criminal and civil
                                                court                                         business entity, based upon the same   liability, treble damages
                                               Public utilities                              qualifications as an individual        and attorney‟s fees
                                               Work incidental to the discovery of
                                                petroleum or gas
                                               Sale of finished products, that are not a
                                                part of the structure
                                               Work on personal property by the legal
                                                owner
                                               Work on property under the legal
                                                jurisdiction of the federal gov‟t
                                               Person who only furnishes materials
                                               Work on a single project with an
                                                aggregate contract price of less than $500
                                               Work incidental to irrigation and
                                                drainage, or for farming purposes
                                               Person working on his own property, or
                                                uses his own employees to do such work
                                               Licensed architect, civil or professional
                                                engineer, certified electrician or plumber
                                               Employees of a contractor
                                               Contractors on highway projects
                                               Mobile/manufactured home dealers
                                               Entity who holds a valid electrical
                                                contractor‟s license
                 Electricians-Journeyman       Work for a utility                            An entity must designate a             Penalty between $50 -
                 and Specialty                 Anyone contracting with a utility             supervisory employee to take the       $500
                                               Work of installing or repairing ignition or   examination and be designated as the
                                                lighting systems for motor vehicles           “administrator.” That employee must
                                               Work on any wiring exempt in §                meet certain qualifications
                                                19.28.010
                                               The department may rule certain work
                                                exempt
                                               An employee holding a valid specialty or
                                                general plumbing contractor‟s registration
                 Plumber-Journeyman and        Plumbing work on a residence or farm or       Not expressly provided                 Civil penalties

                                                                             75
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                     Specialty                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.
West Virginia        Design Professionals   Exemptions                                        Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects             Reciprocity may be available                      A partnership, corporation or other       Misdemeanor, punishable
Helpful                                      Single family residences and auxiliary          business entity may perform or            by a fine not more than
Resources:                                    buildings; multi-family residences not in       holding itself out as able to perform     $1,000 and/or
 W. Va. Code §                               excess of 3 stores; farm buildings              any of the services involved in the       imprisonment for not
  30-12-1                                    Work on a building that doesn‟t affect          practice of architecture, provided        more than 12 months
 W.Va. C.S.R. §                              structural or safety features                   such practice is actually carried on
  2-1-1 et. seq.                             Pre-engineered buildings                        under the direct supervision of
 W. Va. Code §                              Commercial structure < 7,600 ft2 and not        architects registered in the state of
  30-22-1 et. seq.                            in excess of 1 story                            West Virginia.
 W. Va. Code §                              Contractors
  30-13-1 et. seq.                           Employees of licensed architects acting
 W. Va. C.S.R.                               under supervision
  §§ 7-1-3 to 7-1-                           Employees of the US government
  5                                          Nonresidents who are qualified, provided
 W. Va. Code §                               certain conditions
  30-14-1 et. seq.   Landscape Architects    Licensed professional engineers,                An entity practicing landscape            Misdemeanor, punishable
 W. Va. Code §                               surveyors, foresters, architects                architecture in West Virginia must        by a fine between $100 -
  21-11-1 et. seq.                           A nursery person, agriculturist,                have a certificate of authorization. An   $1,000 and/or
 W. Va. Code §                               horticulturist, gardener, landscape             entity must provide proof that the        imprisonment for up to 30
  16-32-1 et. seq.                            designer, landscape contractor, grader,         firm employs a West Virginia              days
 http://www.wv                               cultivator of land, garden or lawn              licensed landscape architect; pay all
  brdarch.org/                                caretaker                                       applicable fees; and complete such
 http://www.wv                              Municipal, urban or regional planners and       other requirements as specified by

                                                                             76
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

  pebd.org/                                       designers                                    the board.
 http://www.wv                                  Personal property owners
  dhhr.org/rtia/   Engineers                     Temporary permits may be available to        An entity may practice professional       Misdemeanor, punishable
                                                  certain individuals                          engineering provided that the person      by a fine not more than
                                                 Employees and subordinates who work          in direct control or supervision of the   $500 and/or imprisonment
                                                  under certain conditions                     practice and all personnel who act in     for not more than 6
                                                                                               behalf of the firm in professional        months
                                                                                               matters and the firm has been issued      Civil penalties to be
                                                                                               a certificate of authorization by the     determined by the board
                                                                                               board.
                   Land Surveyors                Employees when acting solely for their       The entity must receive a certificate     Misdemeanor, punishable
                                                  employer, and who do not hold                of authorization by showing that the      by a fine of not more than
                                                  themselves out as being engaged in the       entity has employed a surveyor-in-        $1,000 and/or
                                                  business of land surveying                   charge; paid all applicable fees; and     imprisonment for up to 30
                                                 US government employees                      completes such other requirements         days
                                                                                               specified by the board
                   Construction Professionals   Exemptions                                     Treatment of Business Entities            Effect of Violation
                   Covered
                   Contractors                   US government employees                      An entity must be licensed according      Misdemeanor, punishable
                    Construction managers       Work performed personally by an owner        to similar practices as an individual     by a fine between $200 -
                    Specialty contractors        or lessee of real property used primarily                                              $1,000 for the first offense
                                                  for farm purposes                                                                      and increasing for
                                                 Material suppliers who only render advice                                              subsequent offenses,
                                                 Work by public utilities                                                               which could include jail
                                                 Work contracted for by the owner of                                                    time
                                                  equipment in an emergency                                                              Civil penalties not to
                                                 Work performed by an employer‟s                                                        exceed $1,000
                                                  regular employees
                                                 Work personally performed on a structure
                                                  by the owner/occupant
                                                 Work performed when the specification
                                                  have been approved by an engineer
                   Asbestos Abatement            Asbestos abatement projects involving        An entity must be licensed according      Misdemeanor
                                                  less than 160 ft2 or 200 linear feet of      to similar practices as an individual     Civil penalty punishable
                                                  asbestos containing materials, provided it                                             by a fine between $250 -
                                                  isn‟t a school for grades K-12                                                         $5,000
                                                 Persons who remove resilient flooring in
                                                  a single family dwelling
Wisconsin          Design Professionals         Exemptions                                     Treatment of Business Entities            Effect of Violation
                   Covered

                                                                               77
Plenary 2: Managing the Swell of Conflicting Regulation                                                                             State-by-State Licensing Matrix

                     Architects, Professional      1-4 family dwellings and outbuildings         Entity must be authorized to practice   Fine of not more than
Helpful              Engineers, Landscape          Apartment buildings used as a residence       by the professional regulatory          $500 and/or imprisonment
Resources:           Architects, and Land           of not more than 2 families                   agency. Services must be performed      up to 3 months
 Wis. Stat. §       Surveyors                     Agricultural buildings or temporary           by or under a licensed professional.
  443.01 et. seq.                                   buildings
 Wis. Stat. §                                     Employees of (1) someone licensed, (2)
  101.654                                           of the federal government, or (3) who
 Wis. Stat. §                                      work exclusively for a private company
  101.80 et. seq.                                  Public service company that is regulated
 Wis. Stat. §                                      by a commission of the state or federal
  145.01 et. seq.                                   gov‟t
 Wis. Admin.                                      Persons engaged in the manufacture of a
  Code Comm. §                                      product or unit, but not a building
  5.001 – 5.12 &                                   For more see: Wis. Stat. § 443.14
  5.70               Construction Professionals   Exemptions                                      Treatment of Business Entities          Effect of Violation
 http://drl.wi.go   Covered
  v/prof/burbiz.ht   Residential Home Builder      An owner of a dwelling who resides there      Not expressly provided                  Fine between $25 - $500
  m                                                 and applies for a building permit to
 http://www.co                                     perform work
  mmerce.state.w     Electricians                  Residential property owner                    The owner/partner/chairman must         Fine between $25 - $500
  i.us/SB/SB-                                      Maintenance within a facility owned or        apply for certification on behalf of
  HomePage.html                                     leased by an entity for which the person is   the entity
                                                    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
                     Plumbers                      Property owner of a single family             Not expressly provided                  Fine between $100 - $500
                                                    building and any farm buildings                                                       and/or imprisonment for
                                                   Plumbing from the private water supply                                                30 days

                                                                                 78
Plenary 2: Managing the Swell of Conflicting Regulation                                                                         State-by-State Licensing Matrix

                                                  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
                     HVAC Contractor             HVAC services within a dwelling owned       Not expressly provided                    Fines
                                                  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.
Wyoming              Design Professionals       Exemptions                                    Treatment of Business Entities            Effect of Violation
                     Covered
                     Architects and Landscape    Those who hold degrees and have             Not expressly provided                    Misdemeanor punishable
Helpful              Architects                   practiced for more than 5 years prior to                                              by a fine of not more than
Resources:                                        July 1, 1991                                                                          $750 and or imprisonment
 Wyo. Stat. Ann.                                Employees of the US gov‟t                                                             for not more than 6
  § 33-4-101 et.                                 Construction, alteration or repair of:                                                months
  seq.                                            private residences, garages, commercial
 Wyo. Stat. Ann.                                 or industrial buildings, small office
  § 33-29-                                        buildings, pre-engineered metal buildings
 Wyo. Stat. Ann.                                 and buildings for the marketing, storage
  § 35-9-122 et.                                  or processing of farm products and
  seq.                                            warehouses, farm buildings, and
 http://governor.                                nonstructural alterations, under certain
  wy.gov/boards-                                  conditions
  and-               Engineers and Land          Employees of the federal gov‟t              All personnel of the entity who act in    Misdemeanor, punishable
  commissions.ht     surveyors                   Employees who perform services for that     its behalf as professional engineers or   by a fine not to exceed
  ml                                              corporation                                 professional land surveyors must be       $1,000 and/or
 http://engineers                                                                            lawfully practicing, and the entity       imprisonment for not

                                                                               79
Plenary 2: Managing the Swell of Conflicting Regulation                                                                          State-by-State Licensing Matrix

  andsurveyors.w                                                                               must apply for and be issued a          more than 1 year
  y.gov/index.ht                                                                               certificate of authorization by the
  m                                                                                            board as provided by this act.
                   Construction Professionals   Exemptions                                     Treatment of Business Entities          Effect of Violation
                   Covered
                   Electrical Contractors and    An owners working on his own property        Not expressly provided                  Misdemeanor, punishable
                   Electricians                  Oil or gas field operations, railroads,                                              by a fine to an individual
                                                  mines, foundries and fertilizer                                                      of not more than $500
                                                  manufacturing facilities                                                             and/or imprisonment for 6
                                                 Public utility, cable-TV facilities, farms                                           months, to a corporation a
                                                  or ranches over 40 acres, school buildings                                           fine of not more than
                                                  and low voltage systems                                                              $1,000 and/or revocation
                                                 Licensed low voltage electrical                                                      of its license
                                                  contractors employing licensed low
                                                  voltage technicians on systems with less
                                                  than 90 volts




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