AS Title 8, Chapter 48: Architects, Engineers, Land Surveyors, and Landscape Architects

Article 1. Board of Registration. Chapter 48. Architects, Engineers, Land Surveyors, and Landscape Architects. Sec. 08.48.010. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.011. Board created. (a) There is created the State Board of Registration for Architects, Engineers, and Land Surveyors. The board shall administer the provisions of this chapter and comply with AS 44.62 (Administrative Procedure Act). (b) The board consists of 11 members appointed by the governor having the qualifications as set out in AS 08.48.031 . The board consists of two civil engineers, two land surveyors, one mining engineer, one electrical or mechanical engineer, one engineer from another branch of the profession of engineering, two architects, one landscape architect, and one public member. (c) Notwithstanding (b) of this section, (1) if no mining engineer who qualifies for appointment to the board is available to serve on the board, the governor may appoint a petroleum or chemical engineer to the seat designated for a mining engineer; (2) if an electrical engineer occupies the seat designated for an electrical or mechanical engineer, the governor may appoint a mechanical engineer to the seat designated for an engineer from another branch of the profession of engineering; or (3) if a mechanical engineer occupies the seat designated for an electrical or mechanical engineer, the governor may appoint an electrical engineer to the seat designated for an engineer from another branch of the profession of engineering. Sec. 08.48.020. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.021. Appointments and terms. (a) The governor shall give each member of the board a certificate of appointment, and the member shall file with the lieutenant governor a written oath or affirmation for faithful discharge of the member's official duty. (b) [Repealed, § 49 ch 94 SLA 1987.] (c) For purposes of determining appointments and terms under AS 08.01.035 , notwithstanding the reference in that section relating to eligibility for reappointment after serving a full or partial term, (1) a member who has served all of two successive terms on the board may not be reappointed to the board unless two years have elapsed since the person last served on the board; and (2) for purposes of (1) of this subsection, a person who serves for two years or more of a four-year term is considered to have served a full term. Sec. 08.48.030. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.031. Qualifications. Each member of the board must have been a resident in the state for three consecutive years immediately preceding appointment and, except for the public member, must be registered and have a minimum of five years of professional practice in the member's respective field. Sec. 08.48.040. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.48.041. Removal of members. The governor may remove a member of the board for misconduct, incompetency, or neglect of duty. Sec. 08.48.050. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.051. Organization and meetings. The board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually from its members the following officers: chair, vice-chair, and secretary. Sec. 08.48.055. Executive administrator of the board; investigator. (a) The department, in consultation with the board, shall employ two persons who are not members of the board. One shall serve as the executive administrator of the board. The other shall serve as investigator for the board. The executive administrator is the principal executive officer of the board and is in the partially exempt service under AS 39.25.120 . (b) The executive administrator of the board shall perform duties as prescribed by the board, including the review and approval of comity applications. (c) The investigator employed under (a) of this section (1) shall conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board; (2) shall, at the request of the board, conduct investigations based on complaints filed with the department or with the board; and (3) is directly responsible and accountable to the board, except that only the department has authority to terminate the investigator's employment, and the department shall provide day-to-day and administrative supervision of the investigator. Sec. 08.48.060. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.061. Finances. Sec. 08.48.070. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.071. Records and reports. (a) The following record of the board's proceedings and of all applications for registration or authorization shall be kept by the department under AS 08.01.050 : (1) the name, age, and last known address of each applicant; (2) the date of application; (3) the place of business of the applicant; (4) the education, experience, and other qualifications; (5) the type of examination required; (6) whether the applicant was rejected; (7) whether a certificate of registration or authorization was granted or endorsed; (8) the date of the action of the board; (9) other action taken by the board; (10) other information that may be considered necessary by the board. (b) The record of the board is prima facie evidence of the proceedings of the board, and a transcript, certified by the secretary, is admissible as evidence with the same effect as if the original were produced. (c) [Repealed, § 6 ch 19 SLA 1998.] (d) Board records and papers of the following class are of a confidential nature and are not public records: examination material for examinations not yet given, file records of examination problems, solutions, letters of inquiry and reference concerning applicants, board inquiry forms concerning applicants, investigation files if an investigation is still pending, and all other matters of a like confidential nature. (e) The department shall, under AS 08.01.050 , preserve the records under (a) of this section for the previous five years. (f) The department shall assemble statistics relating to the performance of its staff and the performance of the board, including (1) the number of architects, engineers, land surveyors, and landscape architects registered over a five-year period; (2) the rate of passage of examinations required by the board; (3) the number of applicants for registration over a five-year period; (4) an account of registration fees collected under AS 08.01.065 ; (5) a measure of the correspondence workload of staff. Sec. 08.48.080. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.081. Roster. [Repealed, § 9 ch 2 SLA 1990.] Sec. 08.48.090. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.091. Examinations. Examinations shall be held at least once each year. A candidate failing an examination may apply for reexamination in accordance with regulations adopted by the board. Sec. 08.48.100. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.101. Regulations; policy guidance; bylaws; code of ethics. (a) The board may adopt regulations and provide policy guidance to accomplish the purpose of this chapter by (1) describing the contents of an examination; (2) establishing the conduct of an examination; (3) establishing a minimum score for passing an examination; (4) establishing bylaws governing its meetings and activities; (5) publishing a code of ethics or professional conduct for registrants and entities authorized under AS 08.48.241 ; (6) establishing continuing education requirements for registrants that must be completed before a certificate may be renewed; the requirements may not exceed standards established by a national accrediting body or other recognized professional organization; (7) establishing the types of work and providing guidance on design of minor importance and other areas of overlapping jurisdiction among regulated professions, branches, and disciplines. (b) [Repealed, § 6 ch 19 SLA 1998.] Sec. 08.48.110. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, corporation, limited liability company, limited liability partnership, or limited partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the practice of architecture, engineering, land surveying, or landscape architecture; or (3) a violation of this chapter, a regulation adopted under this chapter, or the code of ethics or professional conduct as adopted by the board. The code of ethics or professional conduct shall be distributed in writing to every registrant and applicant for registration under this chapter. This publication and distribution of the code of ethics or professional conduct constitutes due notice to all registrants. The board may revise and amend its code and, upon doing so, shall immediately notify each registrant in writing of the revisions or amendments. The board may, upon petition of the registrant, corporation, limited liability company, limited liability partnership, or limited partnership, reissue a certificate if a majority of the members of the board vote in favor of the reissuance. Sec. 08.48.120. [Repealed, § 2 ch 27 SLA 1968.] Sec. 08.48.121. Disciplinary action and procedure. Any person may file with the investigator of the board a charge of fraud, deceit, gross negligence, incompetence, misconduct, or violation of this chapter, a regulation adopted under it, or the code of ethics of the board. The charge, constituting an accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and sworn to by the person making it. A charge may be dismissed by the board or the investigator as unfounded or trivial. Sec. 08.48.130. [Repealed, § 3 ch 59 SLA 1966.] Sec. 08.48.131. Injunction. The board may bring an action in the superior court to enforce compliance with this chapter or an order of the board or to enjoin a person from doing an act that violates this chapter. Sec. 08.48.140. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.141. Legal counsel. The attorney general of the state shall act as legal advisor to the board and render legal assistance upon request of its chair. Secs. 08.48.150 — 08.48.170. [Repealed, § 1 ch 179 SLA 1972.] Article 2. Registration and Practice. Sec. 08.48.171. General requirements and qualifications for registration. An applicant for registration as an architect, engineer, land surveyor, or landscape architect must be of good character and reputation and shall submit evidence satisfactory to the board of the applicant's education, training, and experience. Sec. 08.48.180. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.181. Registration upon examination. Except as provided in AS 08.48.191 , for registration as a professional architect, professional engineer, professional land surveyor, or professional landscape architect, a person shall be examined in this state in accordance with the regulations of procedure and standards adopted by the board under AS 44.62 (Administrative Procedure Act). The procedure and standards shall at least meet the requirements adopted by recognized national examining councils for these professions. Sec. 08.48.190. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.191. Registration by comity or endorsement. (a) A person holding a certificate of registration authorizing the person to practice architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, or holding a certificate of qualification issued by the National Council of Architectural Registration Boards, may, upon application, be registered in accordance with the regulations of the board if the person's certificate was issued under requirements comparable to the requirements in this state. (b) A person holding a certificate of registration authorizing the person to practice engineering in a state, territory, or possession of the United States, the District of Columbia, or a foreign country may, upon application, be registered in accordance with regulations of the board if the person's certificate was issued under requirements comparable to the requirements in this state. (c) A person holding a certificate of registration authorizing the person to practice land surveying in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, may, upon application, be registered in accordance with the regulations of the board if the person's certificate was issued under requirements comparable to those in this state. (d) A person holding a certificate of registration authorizing the person to practice landscape architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country may upon application be registered under the regulations of the board if the person's certificate was issued under requirements comparable to the requirements in this state. A person holding a certificate of qualification issued by the Council of Landscape Architectural Registration Boards may upon application be registered under regulations of the board. Sec. 08.48.200. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.201. Application for registration. (a) Application for registration as a professional architect, a professional engineer, a professional land surveyor, or a professional landscape architect shall be submitted in the manner prescribed by the board. (b) [Repealed, § 54 ch 37 SLA 1985.] Sec. 08.48.210. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the requirements set out by the board shall be awarded a certificate of registration authorizing the holder to offer or perform services or work for the public, or to certify or sign documents. Certificates of registration shall be designed as determined by the board. (b) The certificate of registration is prima facie evidence that the person named in it is entitled to all rights and privileges of a professional architect, professional engineer, professional land surveyor, or professional landscape architect while the certificate remains unrevoked or unexpired. Sec. 08.48.215. Retired status registration. (a) On retiring from practice and payment of an appropriate one-time fee, a registrant in good standing with the board may apply for the conversion of a certificate of registration to a retired status registration. The registrant may not practice architecture, engineering, land surveying, or landscape architecture in the state. A retired status registration is valid for the life of the registration holder and does not require renewal. (b) An individual with a retired status registration may apply for a certificate of registration. Before issuing a certificate of registration under this subsection, the board may require the applicant to meet reasonable criteria as determined under regulations of the board. The criteria may include submission of continuing education credits and reexamination requirements. Sec. 08.48.220. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.221. Seals. (a) Each registrant may obtain a seal of the design authorized by the board, bearing the registrant's name, registration number, and the appropriate legend for architect, engineer, land surveyor, or landscape architect. When a registrant issues final drawings, specifications, surveys, plats, plates, reports, or similar documents, the registrant shall stamp the documents with the seal and sign the seal. The board shall adopt regulations governing the use of seals by the registrant. An architect, engineer, land surveyor, or landscape architect may not affix or permit a seal and signature to be affixed to an instrument after the expiration of a certificate or for the purpose of aiding or abetting another person to evade or attempt to evade a provision of this chapter. The registrant, by sealing and signing the document, certifies that the document was prepared by or under the registrant's responsible charge and is within the registrant's field of practice or is design work of minor importance. (b) Final drawings, specifications, surveys, plats, plates, reports, or similar documents containing the work of multiple fields of practice shall be sealed and signed by a registrant in each field of practice covered by the document. The registrant shall certify on the face of the document the extent of the registrant's responsibility for all work prepared under the registrant's seal. Sec. 08.48.230. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.231. Expirations and renewals. (a) To remain valid, certificates shall be renewed in accordance with AS 08.01.100 . Notice of renewal dates, given under AS 08.01.050 (a)(11), shall be transmitted to the registrant, corporation, limited liability company, limited liability partnership, or limited partnership at least one month in advance of the date of the expiration of the certificate. If the certificate has been suspended or revoked, the board may take action independent of this section. (b) The renewal of a certificate does not require reapplication if the certificate has not expired or has not been suspended or revoked. (c) An expired certificate may be renewed under regulations adopted by the board establishing requirements for reexamination. Sec. 08.48.240. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.241. Corporations, limited liability companies, limited liability partnerships, and limited partnerships. (a) This chapter does not prevent a corporation, limited liability company, limited liability partnership, or limited partnership from offering architectural, engineering, land surveying, or landscape architectural services; however, the corporation, limited liability company, limited liability partnership, or limited partnership shall file with the board (1) an application for a certificate of authorization on a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation, limited liability company, limited liability partnership, or limited partnership is qualified in accordance with the provisions of this chapter to offer to practice architecture, engineering, land surveying, or landscape architecture in this state; (2) a certified copy of a resolution of the board of directors of the corporation, the managing members or manager of the limited liability company, the general partners of a limited liability partnership, or the general partners of a limited partnership designating persons holding certificates of registration under this chapter as responsible for the practice of architecture, engineering, land surveying, or landscape architecture by the corporation, limited liability company, limited liability partnership, or limited partnership in this state and providing that full authority to make all final architectural, engineering, land surveying, or landscape architectural decisions on behalf of the corporation, limited liability company, limited liability partnership, or limited partnership with respect to work performed by the corporation, limited liability company, limited liability partnership, or limited partnership in this state is granted by the board of directors of the corporation, the managing members or manager of the limited liability company, the general partners of the limited liability partnership, or the general partners of the limited partnership to the persons designated in the resolution; however, the filing of this resolution does not relieve the corporation, limited liability company, limited liability partnership, or limited partnership of any responsibility or liability imposed on it by law or by contract; (3) a designation in writing setting out the name of one or more persons holding certificates of registration under this chapter who are in responsible charge of each major branch of the architectural, engineering, land surveying, or landscape architectural activities in which the corporation, limited liability company, limited liability partnership, or limited partnership specializes in this state; if a change is made in the person in responsible charge of a major branch of the architectural, engineering, land surveying, or landscape architectural activities, the change shall be designated in writing and filed with the board within 30 days after the effective date of the change. (b) Upon filing with the board the application for certificate of authorization, certified copy of resolution, affidavit, and designation of persons specified in this section, the board shall, subject to (c) of this section, issue to the corporation, limited liability company, limited liability partnership, or limited partnership a certificate of authorization to practice architecture, engineering, land surveying, or landscape architecture in this state upon a determination by the board that (1) the bylaws of the corporation, the articles of organization or operating agreement of the limited liability company, the partnership agreement of the limited liability partnership, or the partnership agreement of the limited partnership contain provisions that all architectural, engineering, land surveying, or landscape architectural decisions pertaining to architectural, engineering, land surveying, or landscape architectural activities in this state will be made by the specified architect, engineer, land surveyor, or landscape architect in responsible charge, or other registered architects, engineers, land surveyors, or landscape architects under the direction or supervision of the architect, engineer, land surveyor, or landscape architect in responsible charge; (2) the application for certificate of authorization states the type of architecture, engineering, land surveying, or landscape architecture practiced or to be practiced by the corporation, limited liability company, limited liability partnership, or limited partnership; (3) the applicant corporation, limited liability company, limited liability partnership, or limited partnership has the ability to provide architectural, engineering, land surveying, or landscape architectural services; (4) the application for certificate of authorization states the professional records of the designated person who is in responsible charge of each major branch of architectural, engineering, land surveying, or landscape architectural activities in which the corporation, limited liability company, limited liability partnership, or limited partnership specializes; (5) the application for certificate of authorization states the experience, if any, of the corporation, limited liability company, limited liability partnership, or limited partnership in furnishing architectural, engineering, land surveying, or landscape architectural services during the preceding five-year period; (6) the applicant corporation, limited liability company, limited liability partnership, or limited partnership meets other requirements related to professional competence in the furnishing of architectural, engineering, land surveying, or landscape architectural services as may be adopted by the board in furtherance of the objectives and provisions of this chapter. (c) The board may refuse to issue, or may suspend or revoke a certificate of authorization to a corporation, limited liability company, limited liability partnership, or limited partnership if the board finds that any of the corporation's officers, directors, or incorporators, any of the stockholders holding a majority of the stock of the corporation, any of the limited liability company's organizers, managers, or managing members, any of the limited liability partnership's general partners, or any of the limited partnership's general partners has committed misconduct or malpractice, or has been found personally responsible for misconduct or malpractice under the provisions of this chapter. (d) The certificate of authorization must specify the major branches of architecture, engineering, land surveying, or landscape architecture of which the corporation, limited liability company, limited liability partnership, or limited partnership has designated a person in responsible charge as provided in this section. The certificate of authorization shall be conspicuously displayed in the place of business of the corporation, limited liability company, limited liability partnership, or limited partnership, together with the names of persons designated as being in responsible charge of the professional activities. (e) If a corporation, limited liability company, limited liability partnership, or limited partnership that is organized solely by either a group of architects, a group of engineers, a group of land surveyors, or a group of landscape architects, each holding a certificate of registration under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to the corporation, limited liability company, limited liability partnership, or limited partnership based on a review of the professional records of the incorporators of the corporation, organizers of the limited liability company, partners who formed the limited liability partnership, or partners who formed the limited partnership in place of the required qualifications set out in this section. If the ownership of the corporation is altered, the membership of the limited liability company is altered, the partners of the limited liability partnership change, or the general partners of the limited partnership change, the corporation, limited liability company, limited liability partnership, or limited partnership shall apply for a revised certificate of authorization, based on the professional records of the owners of the corporation, the members of the limited liability company, the partners of the limited liability partnership, or the general partners of the limited partnership, if exclusively architects, engineers, land surveyors, or landscape architects, or otherwise under the qualifications required by (b)(1) — (4) of this section. (f) A corporation, limited liability company, limited liability partnership, or limited partnership authorized to offer architectural, engineering, land surveying, or landscape architectural services under this chapter, together with its directors, officers, managing members, manager, and partners for their own individual acts, is responsible to the same degree as the designated individual registrant, and shall conduct its business without misconduct or malpractice in the practice of architecture, engineering, land surveying, or landscape architecture as defined in this chapter. (g) If the board, after a proper hearing, finds that a corporation, limited liability company, limited liability partnership, or limited partnership holding a certificate of authorization has committed misconduct or malpractice, the board shall suspend or revoke the certificate of authorization. The board shall also suspend or revoke the certificate of registration of any registrant who, after a proper hearing, is found by the board to have participated in committing the misconduct or malpractice. (h) Drawings, specifications, designs, and reports, when issued in connection with work performed by a corporation, limited liability company, limited liability partnership, or limited partnership under its certificate of authorization, shall be prepared by or under the responsible charge of and shall be signed by and stamped with the official seal of a person holding a certificate of registration under this chapter. (i) [Repealed, § 54 ch 37 SLA 1985.] (j) In this section, (1) “manager” has the meaning given in AS 10.50.990 ; (2) “managing member” has the meaning given in AS 10.50.990 . Sec. 08.48.250. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.251. Certain partnerships. This chapter does not prevent the practice of architecture, engineering, land surveying, or landscape architecture by a partnership if all of the members of the partnership are registrants under this chapter. In this section, “partnership” does not include a limited liability partnership or a limited partnership. Sec. 08.48.255. Teachers. [Repealed, § 2 ch 58 SLA 1991.] Sec. 08.48.260. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.261. State employees. [Repealed, § 9 ch 2 SLA 1990. For transitional provisions relating to registration requirements of state employees, see § 10, ch. 2, SLA 1990 in the Temporary and Special Acts.] Sec. 08.48.265. Fees. The department shall set fees under AS 08.01.065 for examinations, registrations, certificates of authorization, and renewals of a certificate. Secs. 08.48.270 — 08.48.280. [Repealed, § 1 ch 179 SLA 1972.] Article 3. Unlawful Acts. Sec. 08.48.281. Prohibited practice. (a) A person may not practice or offer to practice the profession of architecture, engineering, land surveying, or landscape architecture in the state, or use in connection with the person's name or otherwise assume or advertise a title or description tending to convey the impression that the person is an architect, an engineer, a land surveyor, or a landscape architect, unless the person has been registered under the provisions of this chapter or, in the case of a corporation, limited liability company, limited liability partnership, or limited partnership, unless it has been authorized under this chapter. (b) Notwithstanding (a) of this section, this chapter does not prohibit the practice of landscape architecture by a person who is not registered to practice landscape architecture if the services being performed by the person are within the scope of practice authorized by another license that is held by the person. Sec. 08.48.290. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.291. Violations and penalties. A person who practices or offers to practice architecture, engineering, land surveying, or landscape architecture in the state without being registered or authorized to practice in accordance with the provisions of this chapter, or a person presenting or attempting to use the certificate or the seal of another, or a person who gives false or forged evidence of any kind to the board or to a member of the board in obtaining or attempting to obtain a certificate, or a person who impersonates a registrant, or a person who uses or attempts to use an expired or revoked or nonexistent certificate, knowing of the certificate's status, or a person who falsely claims to be registered and authorized to practice under this chapter, or a person who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both. Sec. 08.48.295. Civil penalty for unregistered or unauthorized practice. (a) In addition to any other provision of law, if a person practices or offers to practice architecture, engineering, or land surveying in the state without being registered or authorized to practice in accordance with the provisions of this chapter, the board may enter an order levying a civil penalty. (b) A civil penalty levied under this section may not exceed $5,000 for each offense. In levying a civil penalty, the board shall set the amount of the penalty imposed under this section after taking into account appropriate factors, including the seriousness of the violation, the economic benefit resulting from the violation, the history of violations, and other matters the board considers appropriate. (c) Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of issuance of notice by the board, a hearing on the record. (d) In connection with proceedings under (a) and (b) of this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce a subpoena. (e) A person aggrieved by the levy of a civil penalty under this section may file an appeal with the superior court for judicial review of the penalty under AS 44.62.560 . (f) If a person fails to pay a civil penalty within 30 days after entry of an order under (a) of this section, or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed under (e) of this section, the board shall notify the attorney general. The attorney general may commence a civil action to recover the amount of the penalty. (g) An action to enforce an order under this section may be combined with an action for an injunction under AS 08.48.131 . Secs. 08.48.300 — 08.48.310. [Repealed, § 1 ch 179 SLA 1972.] Article 4. General Provisions. Sec. 08.48.311. Rights not transferable. The right to engage in the practice of architecture, engineering, land surveying, or landscape architecture is considered a personal and individual right, based on the qualifications of the individual as evidenced by the individual's certificate of registration, which is not transferable. Sec. 08.48.320. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.321. Evidence of practice. A person practices or offers to practice architecture, engineering, land surveying, or landscape architecture who (1) practices a branch of the profession of architecture, engineering, land surveying, or landscape architecture as defined in AS 08.48.341 ; (2) by verbal claim, sign, advertisement, letterhead, card, or other means represents to be an architect, engineer, land surveyor, or landscape architect, or through the use of some other title implies that the person is an architect, engineer, land surveyor, or landscape architect; or (3) holds out as able to perform or who does perform an architectural, engineering, land surveying, or landscape architectural service recognized by the professions covered by this chapter, and specified in regulations of the board, as an architectural, engineering, land surveying, or landscape architectural service. Sec. 08.48.330. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.331. Exemptions. (a) This chapter does not apply to (1) a contractor performing work designed by a professional architect, engineer, or landscape architect or the supervision of the construction of the work as a supervisor or superintendent for a contractor; (2) workers in building trades crafts, earthwork, grounds keeping, or nursery operations, and superintendents, supervisors, or inspectors in the performance of their customary duties; (3) an officer or employee of the United States government practicing architecture, engineering, land surveying, or landscape architecture as required by the person's official capacity; (4) an employee or a subordinate of a registrant if the work or service is done under the direct supervision of a registrant; (5) associates, consultants, or specialists retained by a registrant, a partnership of registered individuals, a corporation, a limited liability company, a limited liability partnership, or a limited partnership authorized to practice architecture, engineering, land surveying, or landscape architecture under this chapter, in the performance of professional services if responsible charge of the work remains with the registrant, the partnership, or a designated representative of the corporation, limited liability company, limited liability partnership, or limited partnership; (6) a person preparing drawings or specifications for (A) a building for the person's own use and occupancy as a single family residence and related site work for that building; (B) farm or ranch buildings and their grounds unless the public health, safety, or welfare is involved; (C) a building that is intended to be used only as a residence by not more than (i) four families and that is not more than two stories high and the grounds of the building; or (ii) two families and that is not more than three stories high and the grounds of the building, if the building is located in a municipality that has adopted a building or residential code that applies to the building and if the building complies with the building or residential code; (D) a garage, workshop, or similar building that contains less than 2,000 square feet of floor space to be used for a private noncommercial purpose and the grounds of the building; (7) a specialty contractor licensed under AS 08.18 while engaged in the business of construction contracting for work designed by an architect, engineer, or landscape architect that is within the specialty to be performed or supervised by the specialty contractor, or a contractor preparing shop or field drawings for work that the specialty contractor has contracted to perform; (8) a person furnishing drawings, specifications, instruments of service, or other data for alterations or repairs to a building or its grounds that do not change or affect the structural system or the safety of the building, or that do not affect the public health, safety, or welfare; (9) a person who is employed by a postsecondary educational institution to teach engineering, architectural, or landscape architectural courses; in this paragraph, “postsecondary educational institution” has the meaning given in AS 14.48.210 ; (10) an officer or employee of an individual, firm, partnership, association, utility, corporation, limited liability company, limited liability partnership, or limited partnership, who practices engineering, architecture, land surveying, or landscape architecture involved in the operation of the employer's business only, and further if neither the employee nor the employer offers engineering, architecture, land surveying, or landscape architecture services to the public; exclusions under this paragraph do not apply to buildings or structures whose primary use is public occupancy; (11) a person while involved in revegetation, restoration, reclamation, rehabilitation, or erosion control for disturbed land that the board determines does not affect the public health, safety, or welfare; (12) a person while maintaining or directing the placement of plant material that the board determines does not affect the public health, safety, or welfare; (13) an employee, officer, or agent of a regulatory agency of the state or a municipality when reviewing drawings and specifications for compliance with the building codes of the state or a municipality if the drawings and specifications have been sealed and signed by an architect, engineer, land surveyor, or landscape architect or the preparation of the drawings and specifications is exempt under this section from the requirements of this chapter; in this paragraph, “building codes” includes codes relating to building, mechanical, plumbing, electrical, fire safety standards, and zoning; (14) a person who is designing fire protection systems and is authorized by the Department of Public Safety to design fire protection systems. (b) The requirement to be registered as a landscape architect under this chapter only applies to a person who practices an aspect of landscape architecture that the board has determined affects the public health, safety, or welfare. Sec. 08.48.340. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.341. Definitions. In this chapter, (1) “architect” means a professional architect; (2) “board” means the State Board of Registration for Architects, Engineers, and Land Surveyors; (3) “building” means a structure used or intended for human occupancy; (4) “certificate of authorization” means a certificate issued by the board authorizing a corporation, a limited liability company, a limited liability partnership, or a limited partnership to provide professional services in architecture, engineering, land surveying, or landscape architecture through individuals legally registered by the board; (5) “certificate of registration” means a certificate issued by the board recognizing the individual named in the certificate as meeting the requirements for registration under this chapter; (6) “department” means the Department of Commerce, Community, and Economic Development; (7) “design of minor importance” means work that is incidental to the discipline of a registrant and is within the experience of the registrant, but does not include comprehensive design services of any particular building type, structure, building system, engineering system, or site development; (8) “engineer” means a professional engineer; (9) “fire protection system” means a fire alarm device or system or fire extinguishing device or system, or combination of both, that is designed and installed for detecting, controlling, or extinguishing a fire or otherwise alerting an occupant or the fire department, or both, that a fire has occurred; (10) “land surveyor” means a professional land surveyor; (11) “landscape architect” means a professional landscape architect; (12) “limited liability company” means an organization organized under AS 10.50 or a foreign limited liability company; in this paragraph, “foreign limited liability company” has the meaning given in AS 10.50.990 ; (13) “limited liability partnership” means a limited liability partnership or a foreign limited liability partnership, as those terms are defined in AS 32.06.995 ; (14) “limited partnership” has the meaning given in AS 32.11.900 ; (15) “practice of architecture” means professional service or creative work in the design of buildings, the teaching of advanced architectural courses in institutions of higher learning, consultation, investigation, evaluation, planning, design, and professional observation of construction of public or private buildings, works, or projects, and architectural review of drawings and specifications by regulatory agencies; “practice of architecture” may by regulation of the board include mechanical, electrical, or structural design of minor importance; (16) “practice of engineering” means professional service or creative work, the adequate performance of which requires the specialized knowledge of applied mathematics and sciences, dealing with the design of structures, machines, equipment, utilities systems, materials, processes, works, or projects, public or private; the teaching of advanced engineering courses in institutions of higher learning; the direction of or the performance of engineering surveys, consultation, investigation, evaluation, planning, and professional observation of construction of public and private structures, works, or projects and engineering review of drawings and specifications by regulatory agencies; “practice of engineering” may by regulation of the board include architectural building design of minor importance, but it does not include comprehensive architectural services; (17) “practice of land surveying” means the teaching of land surveying courses at an institution of higher learning, or any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence of the act of measuring and locating land, geodetic and cadastral surveys for the location and monumentation of property boundaries, for the platting and planning of land and subdivisions of land, including the topography, alignment, and grades for streets, and for the preparation and perpetuation of maps, record plats, field note records, and property descriptions that represent these surveys; (18) “practice of landscape architecture” means professional services or creative work in the design of landscape, the adequate performance of which requires the specialized knowledge of applied mathematics and physical and social sciences; consulting on, evaluating, planning, and designing public and private landscape architecture projects; the teaching of advanced landscape architectural courses in institutions of higher learning; consultation and the direction or performance of preparing, filing, and administering related plans, drawings, specifications, permits, and other contract documents involving projects that direct, inform, or advise on the functional use and preservation of natural and built environments; the review of drawings and specifications by regulatory agencies; and minor architectural and engineering design work as authorized by the board under AS 08.48.101 (a)(7); (19) “professional architect” means a person registered as a professional architect by the board; (20) “professional engineer” means a person registered as a professional engineer by the board; (21) “professional land surveyor” means a person registered as a professional land surveyor by the board; (22) “professional landscape architect” means a person registered as a professional landscape architect by the board; (23) “registrant” means a person registered by the board as a professional architect, engineer, land surveyor, or landscape architect; (24) “responsible charge” means the direct control and personal supervision of work; (25) “shop drawing” or “field drawing” means a drawing prepared by a contractor, subcontractor, or vendor that shows how a particular aspect of the work is to be fabricated and installed and demonstrates how an aspect of the work will satisfy the requirements of the construction document; (26) “structure” means a system of materials and components that resists horizontal and vertical loads. Sec. 08.48.350. [Repealed, § 1 ch 179 SLA 1972.] Sec. 08.48.351. Short title. This chapter may be cited as the Architects, Engineers, Land Surveyors, and Landscape Architects Registration Act. Secs. 08.48.360 — 08.48.430. [Repealed, § 1 ch 179 SLA 1972.]