443.08
443.08
Registration requirement: firms, partnerships and corporations. 443.08(1)(1) The practice of architecture or professional engineering pertaining to the internal operations of a firm, partnership or corporation may be performed by employees if the architectural or professional engineering services are performed by or under the direct supervision of architects or professional engineers registered under this chapter, or persons exempt from registration under
s. 443.14. Registered or exempt architectural or professional engineering employees may provide architectural or professional engineering data with respect to the manufacture, sale and utilization of the products of the firm, partnership or corporation to other registered or exempt architects or professional engineers.
443.08(2)
(2) The practice of or the offer to practice architecture, professional engineering or designing by individual architects, professional engineers or designers registered or granted a permit under this chapter, through a firm, partnership or corporation as principals, officers, employees or agents, is permitted subject to this chapter, if all personnel who practice or offer to practice in its behalf as architects, professional engineers or designers are registered or granted a permit under this chapter and if the firm, partnership or corporation has been issued a certificate of authorization under
sub. (3).
443.08(3)(a)(a) A firm, partnership or corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered or granted a permit to practice architecture, professional engineering or designing in this state who will be in responsible charge of architecture, professional engineering or designing being practiced in this state through the firm, partnership or corporation and other relevant information required by the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The examining board shall grant a certificate of authorization to a firm, partnership or corporation complying with this subsection upon payment of the fee specified in
s. 440.05 (1). This subsection does not apply to firms, partnerships or corporations exempt under
s. 443.14 (3) or
(5).
Effective date note
NOTE: Par. (a) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(a) A firm, partnership or corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered or granted a permit to practice architecture, professional engineering or designing in this state who will be in responsible charge of architecture, professional engineering or designing being practiced in this state through the firm, partnership or corporation and other relevant information required by the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The examining board shall grant a certificate of authorization to a firm, partnership or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships or corporations exempt under s. 443.14 (3) or (5).
443.08(3)(b)
(b) The renewal date and renewal fee for certificates of authorization under this section are specified under
s. 440.08 (2) (a).
Effective date note
NOTE: Par. (b) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(b) The renewal date for certificates of authorization under this section is specified under s. 440.08 (2) (a), and the fee for renewal of such certificates is determined by the department under s. 440.03 (9) (a).
443.08(4)(a)(a) No firm, partnership or corporation may be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with this chapter, nor may any individual practicing architecture, landscape architecture, professional engineering or designing be relieved of responsibility for architectural, landscape architectural, professional engineering or designing services performed by reason of his or her employment or relationship with the firm, partnership or corporation.
443.08(4)(b)
(b) All final drawings, specifications, plans, reports or other architectural, engineering or designing papers or documents involving the practice of architecture, professional engineering or designing, or landscape architectural papers or documents prepared by a landscape architect registered under this chapter, prepared for the use of a firm, partnership or corporation, for delivery by it to any person or for public record within the state shall be dated and bear the signature and seal of the architect, landscape architect, professional engineer or designer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under
s. 443.14 (3),
(4) or
(5).
443.08(5)
(5) No firm, partnership or corporation may engage in the practice of or offer to practice architecture, professional engineering or designing in this state, or use in connection with its name or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture, professional engineering or designing, nor may it advertise or offer to furnish an architectural, professional engineering or designing service, unless the firm, partnership or corporation has complied with this chapter.
443.08(6)
(6) Any firm, partnership or corporation using the word "engineering" or any of its derivatives in its name prior to April 24, 1964, shall be permitted to continue to do so and shall be permitted to use such word in any new firm, partnership or corporation formed as a result of a reorganization of the firm, partnership or corporation, if the firm, partnership or corporation does not practice or offer to practice architecture, professional engineering or designing unless it complies with all other applicable provisions of this chapter.
443.08 Annotation
Whether the use of "engineer" or "engineering" in a business title violates this chapter requires a case-by-case analysis. 70 Atty. Gen. 131.
443.09
443.09
Examinations and experience requirements for architect, landscape architect and engineer applicants. 443.09(1)(1) In considering the qualifications of an applicant as an architect, landscape architect or professional engineer, responsible charge of architectural, landscape architectural or engineering teaching may be construed as experience.
443.09(2)
(2) Subject to
ss. 111.321,
111.322 and
111.335, no person who has an arrest or conviction record is eligible for registration as an architect, a landscape architect or a professional engineer, or certification as an engineer-in-training.
443.09(3)
(3) Written examinations shall be required of every applicant for certification as engineer-in-training.
443.09(4)
(4) Written or written and oral examinations shall be required of every applicant for registration as an architect or a professional engineer except an applicant who satisfies
s. 443.04 (1) (d). Except as provided in
sub. (5), only one form of examination may be required for all applicants. The examination shall be reasonably related to the skills likely to be needed by an applicant practicing the profession at the time of examination and seek to determine the applicant's preparedness to exercise such skills. Failure to pass an examination under this section or under any order of the examining board shall not be a bar to registration under
s. 443.04 (1) (d).
443.09(4m)
(4m) No person may be registered as a landscape architect under this chapter unless he or she passes a written examination or written and oral examinations conducted or approved by the examining board under
sub. (5).
443.09(5)
(5) Written or written and oral examinations shall be held at such time and place as the examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the examining board with special reference to the applicant's ability to design and supervise architectural, landscape architectural or engineering work, which shall promote the public welfare and ensure the safety of life, health and property. The architect and professional engineering examination or examinations shall include questions which require applicants to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. Such questions shall be developed by the examining board in consultation with the department of commerce. The examination for candidates under
s. 443.04 (1) (c) shall be the principles and practice examination which requires the applicant to demonstrate the ability to apply engineering principles and judgment to problems in general engineering disciplines and to demonstrate knowledge of the design needs of people with physical disabilities and the relevant statutes, rules and regulations. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the examining board. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the examining board may require a one-year waiting period before further reexamination.
443.09(6)
(6) The examination papers of each applicant shall be retained by the examining board and shall be available to the applicant for review for a one-year period from the date of the examination. The applicant may make a written request, within the one-year period, for a review by the section, of all or of any part of the examination failed. The section shall review the examination, or any part of the examination within 90 days, following receipt of a written request, and shall furnish the applicant a written reply of the results of the review, including a statement of the reasons for a failing grade.
443.09 Cross-reference
Cross Reference: See also chs.
A-E 3,
4, and
9, Wis. adm. code.
443.10
443.10
Applications, certificates, rules and roster. 443.10(1)(1)
Certificate of registration or record; permit; reciprocity provisions. 443.10(1)(a)(a) The examining board may, upon application and the payment of the required fee, grant a certificate of registration as an architect, as a landscape architect or as a professional engineer to any person who holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects or professional engineers are of a standard not lower than specified in this chapter.
443.10(1)(b)
(b) The examining board may, upon application and payment of the required fee, grant a certificate of registration as an architect, as a landscape architect or as a professional engineer to any person who holds an unrevoked card or certificate of national reciprocal registration, issued by any state, territory or possession of the United States or by any country, which is in conformity with the regulations of the national council of state board of architectural, or engineering examiners, or council of landscape architectural registration boards, and who complies with the regulations of the examining board, except as to qualifications and registration fee.
443.10(1)(c)
(c) The examining board may, upon application therefor, and the payment of the required fee, grant a certificate-of-record as engineer-in-training to any person who holds an unexpired certificate of similar certification issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the certification of engineers-in-training are of a standard not lower than specified in this chapter.
443.10(1)(d)
(d) The examining board may, upon application and payment of the required fee, grant a permit to practice or to offer to practice architecture or professional engineering or to use the title "landscape architect" to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects or professional engineers are of a standard not lower than specified in this chapter.
443.10(2)
(2) Applications for registration, fees, contents of certification, expiration. 443.10(2)(a)(a) Applications for registration or for a certificate of record shall be on forms provided by the department and shall contain statements made under oath showing the applicant's education and detail summary of the applicant's technical work and not less than 5 references, of whom 3 or more shall have personal knowledge of the applicant's architectural, landscape architectural or engineering experience in the case of an application for registration or of the applicant's technical education or engineering work in the case of an application for a certificate of record.
443.10(2)(b)
(b) The fees for examinations and licenses granted or renewed under this chapter are specified in
ss. 440.05 and
440.08.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(b) The fees for examinations and licenses granted under this chapter are specified in s. 440.05, and the fee for renewal of such licenses is determined by the department under s. 440.03 (9) (a).
443.10(2)(c)
(c) The examining board shall grant a certificate of registration upon payment of the registration fee to any applicant who, in the opinion of the examining board, has satisfactorily met all the applicable requirements of this chapter. The certificate shall authorize the practice of architecture or professional engineering or the use of the title "landscape architect", as appropriate.
443.10(2)(d)
(d) The granting of a certificate of registration by the examining board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a registered architect, a registered landscape architect or a registered professional engineer under the classification stated on the certificate, while the certificate remains unrevoked or unexpired.
443.10(2)(e)
(e) The renewal date and renewal fee for certificates of registration for architects, landscape architects and professional engineers are specified under
s. 440.08 (2) (a).
Effective date note
NOTE: Par. (e) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(e) The renewal date for certificates of registration for architects, landscape architects, and professional engineers is specified under s. 440.08 (2) (a), and the fee for renewal of such certificates is determined by the department under s. 440.03 (9) (a).
443.10(2)(f)
(f) The examining board shall grant a certificate of record as engineer-in-training to any applicant who, in the opinion of the examining board, has satisfactorily met all the requirements of this section pertaining to engineers-in-training.
443.10(2)(g)
(g) A certificate of record as engineer-in-training is evidence that the engineer-in-training to whom it is issued has successfully passed the portion of the examinations in the fundamental engineering subjects required of an applicant for registration as a professional engineer.
443.10(2)(h)
(h) Certificates of record as engineers-in-training shall expire on July 31st of the 10th year after their issuance unless extended by the examining board. An application for extension shall contain evidence satisfactory to the examining board that the applicant's professional experience has been delayed.
443.10(3)
(3) Emergency rules; limitation. The examining board may not adopt or change, by emergency rule, any requirement for the registration of or issuance of a permit to any applicant under this chapter.
443.10(4)(a)(a) A list, showing the names and addresses of all engineers-in-training certified by the examining board during the period from July 1 to June 30, shall be prepared each year by the examining board. The list shall be obtainable by purchase at cost.
443.10(4)(b)
(b) The examining board shall keep a record of its proceedings together with a record of all other information pertaining to its proceedings as may be deemed necessary by the board. The records of the examining board shall be prima facie evidence of the proceedings of the examining board set forth in the records, and a transcript thereof, duly certified by the secretary of the examining board under seal, shall be admissible in evidence with the same effect as if the original were produced.
443.10(5)
(5) Fees; renewals. The land surveyor's section shall grant a certificate of registration as a land surveyor to any applicant who has met the applicable requirements of this chapter. The renewal date and renewal fee for the certificate are specified under
s. 440.08 (2) (a).
Effective date note
NOTE: Sub. (5) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(5) Fees; renewals. The land surveyor's section shall grant a certificate of registration as a land surveyor to any applicant who has met the applicable requirements of this chapter. The renewal date for the certificate is specified under s. 440.08 (2) (a), and the renewal fee for the certificate is determined by the department under s. 440.03 (9) (a).
443.10(6)
(6) Roster. A roster showing the names and mailing addresses of all registered surveyors shall be prepared annually by the secretary and made available for purchase at cost, and a copy shall be placed on file with the department of financial institutions.
443.10 Cross-reference
Cross Reference: See also chs.
A-E 3,
4, and
9, Wis. adm. code.
443.10 Annotation
The examining board of architects, professional engineers, designers and land surveyors lacks the power to adopt a rule prohibiting competitive bidding on projects by architects, engineers, designers, or surveyors. 61 Atty. Gen. 369.
443.11
443.11
Disciplinary proceedings against architects, landscape architects and engineers. 443.11(1)
(1) The examining board may reprimand an architect, registered landscape architect or professional engineer or limit, suspend or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:
443.11(1)(a)
(a) Fraud or deceit in obtaining a certificate of registration or a certificate of record.
443.11(1)(b)
(b) Signing or impressing his or her seal or stamp upon documents not prepared by him or her or under his or her control or knowingly permitting his or her seal or stamp to be used by any other person.
443.11(1)(c)
(c) Knowingly aiding or abetting the unauthorized practice of architecture or professional engineering by persons not registered under this chapter.
443.11(1)(d)
(d) Any gross negligence, incompetency or misconduct in the practice of architecture as a registered architect, of landscape architecture as a registered landscape architect or of professional engineering as a registered professional engineer, or in the professional activity of a holder of a certificate of record as engineer-in-training.
443.11(1)(e)
(e) Any violation of the rules of professional conduct adopted and promulgated by the examining board.
443.11(1)(f)
(f) Conviction of a felony, subject to
ss. 111.321,
111.322 and
111.335, or adjudication of mental incompetency by a court of competent jurisdiction, a certified copy of the record of conviction or adjudication of incompetency to be conclusive evidence of such conviction or incompetency.
443.11(2)
(2) The examining board may reprimand a firm, partnership or corporation holding a certificate of authorization issued under this chapter or may limit, suspend or revoke such a certificate if any of the agents, employees or officers of the firm, partnership or corporation has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension or revocation of the certificate of registration of a registrant or the certificate of record of an engineer-in-training under this chapter, unless the firm, partnership or corporation submits evidence satisfactory to the examining board that the agent, employee or officer is not now practicing or offering to practice architecture or professional engineering in its behalf.
443.11(3)
(3) Any person may make charges that any registrant, holder of a certificate of record as engineer-in-training or corporate holder of a certificate of authorization has committed an act for which a reprimand or limitation, suspension or revocation of registration is authorized under
sub. (1). Such charges shall be in writing, shall be sworn to by the person making them and shall be submitted to the examining board. The examining board may, on its own motion, make such charges. All charges, unless dismissed by the examining board as unfounded or trivial, shall be heard by the appropriate section of the examining board, subject to the rules promulgated under
s. 440.03 (1).
443.11(4)
(4) If after a hearing under
sub. (3), 3 members of a section of the examining board vote in favor of sustaining charges specified in
sub. (3), the examining board shall reprimand or limit, suspend or revoke the certificate of registration of the registered architect, registered landscape architect or registered professional engineer, the certificate of record of the holder of a certificate as engineer-in-training, or the certificate of authorization of a firm, partnership or corporation.
443.11(5)
(5) The action of the examining board shall be subject to review in the manner provided in
ch. 227.
443.11(6)
(6) The examining board, for reasons the appropriate section of the examining board considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership or corporation, whose certificate has been revoked, except for a certificate revoked under
s. 440.12, if 3 members of the section vote in favor of such reissuance. Subject to the rules of the examining board, the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated.
443.11 Annotation
Gross negligence, incompetency, or misconduct is discussed. The failure of an engineer to properly design a roof truss would not show incompetence, but the board might find gross negligence. Vivian v. Examining Board of Architects,
61 Wis. 2d 627,
213 N.W.2d 359 (1974).
443.12
443.12
Disciplinary proceedings against land surveyors. 443.12(1)(1) The section may reprimand or limit, suspend or revoke the certificate of registration of any land surveyor for the practice of any fraud or deceit in obtaining the certificate, or any gross negligence, incompetence or misconduct in the practice of land surveying.
443.12(2)
(2) Charges of fraud, deceit, gross negligence, incompetence or misconduct may be made against any surveyor by the section or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under
s. 440.03 (1).
443.12(3)
(3) If after a hearing 3 members vote in favor of reprimand or limiting, suspending or revoking the certificate of registration of a land surveyor, the section shall notify the surveyor to that effect. The surveyor shall return the certificate to the examining board immediately on receipt of notice of a revocation. The action of the section may be reviewed under
ch. 227.
443.12(4)
(4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under
s. 440.12.
443.12 History
History: 1979 c. 167,
357;
1997 a. 237.
443.13
443.13
Disciplinary proceedings against designers of engineering systems. The examining board may limit, suspend or revoke a permit or reprimand the permittee if the permittee is guilty of fraud or deceit in obtaining the permit, gross negligence, incompetency or misconduct in practice, signing documents not prepared by the permittee or under the permittee's control, knowingly aiding or abetting unauthorized designing of engineering systems as stated in
s. 443.07 (3) by persons not granted permits under this chapter or conviction of a felony, subject to
ss. 111.321,
111.322 and
111.335, or adjudication of mental incompetency by a court of competent jurisdiction. If, after a hearing conducted under the rules promulgated under
s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the examining board shall reprimand the permittee or limit, suspend or revoke the permit. The action of the examining board is subject to review under
ch. 227.
443.13 History
History: 1979 c. 167;
1981 c. 334 s.
25 (1).
443.14
443.14
Exempt persons. The following persons, while practicing within the scope of their respective exemptions, shall be exempt from this chapter:
443.14(1)
(1) An employee of a person holding a certificate of registration in this state who is engaged in the practice of architecture or professional engineering and an employee of a person temporarily exempted from registration, if the practice does not include responsible charge of architecture or professional engineering practice.
443.14(2)
(2) Officers and employees of the federal government while engaged within this state in the practice of architecture, landscape architecture or professional engineering for the federal government.
443.14(3)
(3) A public service company and its regular employees acting in its behalf where the professional engineering services rendered are in connection with its facilities which are subject to regulation, supervision and control by a commission of this state or of the federal government.
443.14(4)
(4) Any person who practices architecture or professional engineering, exclusively as a regular employee of a private company or corporation, by rendering to the company or corporation architectural or professional engineering services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one architect or professional engineer who is registered under this chapter in responsible charge of the company's or corporation's architectural or professional engineering work in this state.
443.14(5)
(5) A person engaged in the manufacture of a product or unit, including laboratory research affiliates of the person, where the services performed are the design, assembly, manufacture, sale or installation of that product or unit. "Product or unit" does not include any building.
443.14(6)
(6) Notwithstanding any other provision of this chapter, contractors, subcontractors or construction material or equipment suppliers are not required to register under this chapter to perform or undertake those activities which historically and customarily have been performed by them in their respective trades and specialties, including, but not limited to, the preparation and use of drawings, specifications or layouts within a construction firm or in construction operations, superintending of construction, installation and alteration of equipment, cost estimating, consultation with architects, professional engineers or owners concerning materials, equipment, methods and techniques, and investigations or consultation with respect to construction sites, provided all such activities are performed solely with respect to the performance of their work on buildings or with respect to supplies or materials furnished by them for buildings or structures or their appurtenances which are, or which are to be, erected, enlarged or materially altered in accordance with plans and specifications prepared by architects or professional engineers, or by persons exempt under
subs. (1) to
(5) while practicing within the scope of their exemption.
443.14(7)
(7) This chapter does not require manufacturers or their material or equipment suppliers to register under this chapter in order to enable them to perform engineering in the design, assembly, manufacture, sale or installation of their respective products.
443.14(8)
(8) The following persons doing surveying work are exempt from the provisions of this chapter:
