§32101. NAME
§32102. GENERAL PROVISIONS
§32103. DEFINITIONS
§32104. BOARD - APPOINTMENTS; TERMS
§32105. BOARD - QUALIFICATIONS OF MEMBERS
§32106. BOARD - COMPENSATION AND EXPENSES
§32107. BOARD - REMOVAL OF MEMBERS - VACANCIES
§32108. BOARD - ORGANIZATION AND MEETINGS
§32109. BOARD - POWERS
§32110. RECORDS AND REPORTS
§32111. RECEIPTS AND DISBURSEMENTS
§32112. ROSTER
§32113. GENERAL REQUIREMENTS FOR REGISTRATION
§32114. APPLICATION AND REGISTRATION FEES
§32115. EXAMINATIONS
§32116. CERTIFICATE - SEALS
§32117. EXPIRATIONS AND RENEWALS
§32118. REPLACEMENT OF CERTIFICATES
§32119. PUBLIC WORKS
§32120. DISCIPLINARY ACTION - Revocation, Suspension or Reprimand
§32121. DISCIPLINARY ACTION - PROCEDURES
§32122. VIOLATIONS AND PENALTIES
§32123. AUTHORIZATION CERTIFICATES
§32124. EXEMPTION CLAUSE
§32125. DUTIES OF RECORDERS
§32126. INVALID SECTIONS

32103. DEFINITIONS

  1. Engineer - The term 'Engineer', within the intent of this Act shall mean a person who, by reason of his special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, is qualified to practice engineering.


  2. Professional Engineer - The term 'Professional Engineer', as used in this Act, shall mean a person who has been duly registered and licensed by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors as a Professional Engineer.


  3. Engineer Intern - The term 'Engineer Intern', as used in this Act, shall mean a person who complies with the requirements for education, experience and character, and has passed an examination in the fundamental engineering subjects, as provided in §32113 and §32115 of this Act.

  4. Practice of Engineering - The term 'Practice of Engineering', as used in this Title means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, planning, design, construction management of engineering works and systems, planning the use of land and waters, engineering teaching of advanced engineering subjects or courses related thereto, engineering surveys, and the inspection of construction for the purpose of assuring compliance with drawings and specifications; any of which embraces such services or work either public or private, in connection with any utilities, structures, buildings, machines equipment, processes, work systems, or project and including such architectural work as may be incidental to the practice of engineering, industrial or consumer products or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services.

  5. Consulting Engineer - The term 'Consulting Engineer', as used in this Title, means a professional engineer whose principal occupation is the independent practice of engineering; whose livelihood is obtained by offering engineering services to the public; who services clients as an independent fiduciary; who is devoid of public, commercial and product affiliation that might tend to infer a conflict of interest; and who is cognizant of his public and legal responsibilities, and is capable of discharging them.

  1. Architect - The term 'Architect', as used in this Act, shall mean a person, who by reason of his knowledge of the mathematical, and physical sciences, and the principles of architecture and architectural engineering acquired by professional education and practical experience is qualified to engage in the practice of architecture and who has been duly registered and licensed by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors as an Architect.


  2. Practice of Architecture - The term 'Practice of Architecture', as used in this Title, means any service or creative work, the adequate performance of which requires architectural education, training and experience and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, investigation, evaluation, planning, design, construction management or supervision of construction for the purpose of assuring compliance with specifications and design in connection with any building which has as its principal purpose human occupancy or habitation, any other building, or any monument, structure, waterfront development, site development or project including topographic work, grading and engineering incidental to the performance of any architectural service or other services recognized by educational authorities as architecture.

  3. Registered Architect - The term 'Registered Architect', as used in this Act, shall mean a person who has been duly registered and licensed by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors as a Registered Architect.

  1. Land Surveyor - The term 'Land Surveyor', as used in this Act, shall mean a person who is knowledgeable in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences, and relevant requirements of law for adequate evidence and all requisite to the surveying of a real property and engaged in the practice of land surveying as herein defined and has been duly registered and licensed by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors as a Land Surveyor.

  2. Professional Land Surveyor - The term 'Professional Land Surveyor', as used in this Title, shall mean a person who has been duly registered and licensed by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors as a Professional Land Surveyor.

  3. Land Surveyor Intern - The term 'Land Surveyor Intern', as used in this Title, means a person who has qualified for, taken and passed the land surveyor intern examinations as provided in this Title.

  4. Practice of Land Surveying - The term 'Practice of Land Surveying', as used in this Title, means 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 to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within the underground workings, and on the beds of bodies of water for the purposes of determining areas and volumes, for the monumenting of property boundaries, and for the platting and layout of lands and subdivisions thereof, including the topography, alignment and grades of streets, and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys, including construction management related services such as new construction layouts and post construction survey verification of as-built conditions of horizontal and vertical works.

    (d) Approved School - The term 'Approved School' as used in this Title, shall mean institutions offering curricula leading to first professional degrees in engineering, architecture or land surveying and are accredited by the Accreditation Board for Engineering and Technology, Inc., or the NCEES Ad Hoc Subcommittee on Foreign Education of the International Relations Committee, or the National Architectural Accreditation Board.

    (e) ARE - The term 'ARE' as used in this Title shall mean the Architect Registration Examination provided by the National Council of Architectural Registration Boards.

    (f) Association - 'Association' as used in this Title, shall mean the act of a number of persons in uniting together for some special purpose or business. It is a term of vague meaning used to indicate a collection or organization of persons who have joined together for a certain or common object.

    (g) Board - The term 'Board', as used in this Act shall mean the Guam Board of Registration for Professional Engineers, Architects, and Land Surveyors, hereinafter provided by this Act.

    (h) 'Certificate of Authorization' - Shall mean those presents issued by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors to corporation, company, etc.; in the name of that organization which serves to identify it as having the legal right to offer engineering, architectural, land surveying or construction management services.

    (i) 'Certificate of Registration' - Shall mean those presents issued by the Guam Board of Registration for Professional Engineers, Architects and Land Surveyors to an individual in his own name, which serves to identify those legally entitled to practice engineering, architecture or land surveying.

    (j) Construction Management - The term 'Construction Management', as used in this Title, to be performed by licensed engineers, architects, or land surveyors, shall include but not limited to professional services during construction such as permitting process and coordination, bid evaluation and contract award, processing of payment requests and change orders, claims and dispute resolution, review and approval of submittals and progress schedules, onsite quality assurance inspections and testing, survey checks, compliance to contract documents, and contract closeout including as-built drawings and Operation & Maintenance manuals and training.

    (k) Corporation - 'Corporation' as used in this Title, shall mean an association of individuals or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, or a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

    (l) CSCS - The term 'CSCS' as used in this Title shall mean the California Special Civil Seismic examination provided by the California Board of Professional Engineers and Land Surveyors.

    (m) Partner - 'Partner' as used in this Title, shall mean one who has united with others to form a partnership in business.

    (n) Proprietorship - 'Proprietorship' as used in this Title, shall mean business, usually unincorporated, owned and controlled exclusively by one person. Such a business is commonly designated a "sole proprietorship".

    (o) Registrant or Licensee - 'Registrant or Licensee' as used this Title shall mean any person holding a current registration as a Professional Engineer, Registered Architect or Professional Land Surveyor.

    (p) Resident Agent - 'Resident Agent' as used in this Title, shall mean a person residing on Guam designated for service process.

    (q) Responsible Control -The term 'Responsible Control', as used in this Act, shall mean direct control and personal supervision of engineering, architectural or land surveying projects.

    (r) Responsible Managing Employee - 'Responsible Managing Employee', as used in this Title, shall mean a person who is licensed under this Act and who has been designated pursuant to §32123 of this Act by the firm. The managing employee is responsible for the engineering, architecture or land surveying work on Guam and/or for projects or property within this jurisdiction offered or provided by the firm. A licensee may not be designated as a responsible managing employee for more than one (1) firm.

    (s) Rules of Professional Conduct for Professional Engineers, Architects and Land Surveyors - The term 'Rules of Professional Conduct for Professional Engineers, Architects and Land Surveyors' as used in this Title, means those rules promulgated by the Board as authorized by law.