Guam § 32103 - Definitions.

§ 32103. Definitions.

For the purpose of this Chapter, words used in the masculine gender

include the feminine, or vice-versa, where appropriate.

(a) Engineer.

(1) Engineer means 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 means a person who is duly

registered and licensed by the Guam Board of Registration for

Professional Engineers, Architects and Land Surveyors as a

Professional Engineer.

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(3) Professional Engineer, Emeritus, means a person who is

a Professional Engineer, Retired, and who is sixty-five (65) years

of age; and has been a resident of Guam for at least five (5) years;

and has had no disciplinary action against him; and who applies to

and is approved by the Board to be granted the use of the honorific

title, Professional Engineer, Emeritus.

(4) Professional Engineer, Retired means a person who has

been duly licensed as a professional engineer by the Board and

who chooses to relinquish or not to renew a license and who

applies to and is approved by the Board to be granted the use of

the honorific title, Professional Engineer, Retired.

(5) Engineer Intern means 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 Chapter.

(6) Practice of Engineering 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, and design coordination of engineering works and

systems, planning the use of land, air and water, teaching of

advanced engineering subjects, performing engineering studies

and the review and/or management of construction for the purpose

of monitoring and/or ensuring compliance with drawings and

specifications; any of which embraces such services of work,

either public or private, in connection with any utilities, structures,

buildings, machines, equipment, processes, work systems,

projects, communication systems, transportation systems, and

industrial or consumer products, or equipment of a control

systems, communications, mechanical, electrical, hydraulic,

pneumatic, chemical, environmental 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.

Design coordination includes the review and coordination of

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those technical submissions prepared by others, including as

appropriate and without limitation, consulting engineers,

architects, landscape architects, surveyors, and other professionals

working under the direction of the engineer.

A person shall be construed to practice or offer to practice

engineering, within the meaning and intent of this Chapter, who

practices any branch of the profession of engineering or who, by

verbal claim, sign, advertisement, letterhead, card, or in any other

way represents themselves to be a professional engineer or

through the use of some other title implies that they are a

professional engineer or that they are licensed under this Chapter;

or who hold themselves out as able to perform, or who does

perform any engineering service or work or any other service

designated by the practitioner which is recognized as engineering.

(7) Consulting Engineer 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.

(b) Architect.

(1) Architect means 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 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

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services or creative work as consultation, investigation,

evaluation, planning, design, construction management,

supervision or observation 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 means an Architect holding a

current registration with the Guam Board of Registration for

Professional Engineers, Architects and Land Surveyors as a

Registered Architect.

(4) Architect, Emeritus means a person who is an Architect,

Retired, and who is sixty-five (65) years of age; and has been

registered on Guam for at least five (5) years; and has been a

resident of Guam for at least five (5) years; and has had no

disciplinary action against him; and who applies to and is

approved by the Board to be granted the use of the honorific title,

Architect, Emeritus.

(5) Architect, Retired, means a person who has been duly

licensed as an Architect by the Board and who chooses to

relinquish or not to renew a license and who applies to and is

approved by the Board to be granted the use of the honorific title,

Architect, Retired.

(c) Landscape Architect.

(1) Landscape Architect means a person who has been duly

registered/licensed by the Board to engage in the practice of

landscape architecture in Guam.

(2) Practice of Landscape Architecture means:

(A) Those who hold themselves out as able to perform

professional services such as consultation, investigation,

reconnaissance, research, design, preparation of drawings

and specifications, and responsible supervision where the

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dominant purpose of such services is the preservation and

enhancement of land uses and natural land features; the

location and construction of aesthetically pleasing and

functional approaches for structures, roadways, and

walkways; and design for equestrian trails, plantings,

landscape irrigation, landscape lighting, and landscape

grading. This practice shall include the location,

arrangements, and design of such tangible objects and

features as are incidental and necessary for the purposes

outlined herein. Nothing herein shall preclude a duly

registered landscape architect from planning the development

of land areas and elements used thereon or from performing

any of the services described in this Section in connection

with the settings, approaches, or environment for buildings,

structures, or facilities. A registered landscape architect shall

not practice or offer to practice architecture or any branch of

engineering.

(B) A person is considered to be practicing or offering

to practice landscape architecture, within the meaning and

intent of the law, who practices the profession of landscape

architecture or who, by verbal claim, sign, advertisement,

letterhead, card or in any other way represents themselves to

be a landscape architect or through the use of some other

title, implies that they are licensed or holds themselves out as

able to perform or who does perform any landscape

architecture service or work or any other service designated

by the practitioner which is recognized as landscape

architecture.

(d) Land Surveyor.

(1) Land Surveyor means 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 real property and engaged in the

practice of land surveying as herein defined.

(2) Professional Land Surveyor means a person who is

duly registered and licensed by the Guam Board of Registration

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for Professional Engineers, Architects and Land Surveyors as a

Professional Land Surveyor, and who is a professional specialist in

the technique of measuring land, educated in the basic principles

of mathematics, the related physical and applied sciences, and the

relevant requirements of law for adequate evidence and all

requisite to surveying of real property, and engaged in the practice

of surveying as herein defined.

(3) Professional Land Surveyor, Emeritus means a person

who is a Professional Land Surveyor, Retired; and who is sixty

five (65) years of age; and has been registered on Guam for at

least five (5) years; and has been a resident of Guam for at least

five (5) years; and has had no disciplinary action against him; and

who applies to and is approved by the Board to be granted the use

of the honorific title, Professional Land Surveyor, Emeritus.

(4) Professional Land Surveyor, Retired, means a person

who has been duly licensed as a Professional Land Surveyor by

this Board and who chooses to relinquish or not to renew a license

and who applies to and is approved by the Board to be granted the

use of the honorific title, Professional Land Surveyor, Retired.

(5) Land Surveyor Intern means a person who has qualified

for, taken and passed the land surveyor intern examinations as

provided in this Chapter.

(6) Practice of Land Surveying means providing, or offering

to provide, professional services using such sciences as

mathematics, geodesy, and photogrammetry, and involving both

(1) the making of geometric measurements and gathering related

information pertaining to the physical and or legal features of the

earth, improvements on the earth, the space above, on, or below

the earth, and (2) providing, utilizing or developing the same into

survey products, such as graphics, data, maps, plans, reports,

descriptions, or projects. Professional services include acts of

consultation, investigation, testimony evaluation, expert technical

testimony, planning, mapping, assembling and interpreting

gathered measurements and information related to any one (1) or

more of the following:

(A) Determining by measurement the configuration or

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contour of the earth’s surface or the position of fixed objects

thereon.

(B) Determining, by performing geodetic surveys, the

size and shape of the earth or the position of any point on the

earth.

(C) Locating, relocating, establishing, or retracing

property lines or boundaries of any tract of land, road, right-

of-way, or easement.

(D) Marking any survey for the division, subdivision,

or consolidation of any tract(s) of land.

(E) Locating or laying out alignments, positions, or

elevations for the construction of fixed works.

(F) Determining, by the use of principles of surveying,

the position for any survey monument (boundary or non-

boundary) or reference point; establishing or replacing any

such monument or reference point.

(G) Creating, preparing, or modifying electronic or

computerized data, relative to the performance of the

activities in the above described items (A) through (F).

(H) Certifying, within the metadata of a Geographical

Information System data base, the positional accuracy of the

features, cadastral and/or boundary lines, fixed objects,

utilities, images and graphically displayed data sets that are

used for base mapping.

A person shall be construed to practice or offer to

practice surveying, within the meaning and intent of this

Chapter, who by verbal claim, sign, advertisement,

letterhead, card, or in any other way represents themselves to

be a land surveyor or through the use of some other title

implies that they are a professional land surveyor or that they

are licensed under this Chapter; or who hold themselves out

as able to perform, or who does perform any surveying

service or work or any other service designated by the

practitioner which is recognized as surveying except to

references to engineering surveys.

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(e) Approved School means institutions offering curricula leading

to first professional degrees in engineering, architecture, landscape

architecture or land surveying and are accredited by the Accreditation

Board for Engineering and Technology, Inc., or the NCEES Center for

Professional Engineering Education Services or the National

Architectural Accrediting Board.

(f) ARE means the current Architect Registration Examination

prepared by the National Council of Architectural Registration Boards.

(g) Association means 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 objective.

(h) Board means the Guam Board of Registration for

Professional Engineers, Architects, and Land Surveyors, hereinafter

provided by this Chapter.

(i) Certificate of Authorization means those presents issued by

the Guam Board of Registration for Professional Engineers, Architects

and Land Surveyors to a corporation, partnership, proprietorship,

limited liability company, or other legal entity allowed by Guam law,

the name of that organization which serves to identify it as having the

legal right to offer engineering, architectural, landscape architectural,

land surveying or construction management services. This Certificate

of Authorization is separate and apart from the Certificate of Authority

issued by the Department of Revenue and Taxation permitting a

corporation to conduct business and engage in the practice of services

contained in the Certificate.

(j) Certificate of Registration means those presents issued by the

Guam Board of Registration for Professional Engineers, Architects,

Landscape Architects and Land Surveyors to an individual in his own

name, which serves to identify those legally entitled to practice

engineering, architecture, landscape architecture or land surveying.

(k) CLARB means the Council of Landscape Architectural

Registration Boards.

(l) Construction Management to be performed by licensed or

registered engineers, architects, landscape architects, or land surveyors,

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shall include, but not be 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.

(m) Corporation means an association of individuals or legal

entity created by or under the authority of the laws of a territory, state or

nation, composed, in some rare instances, of a single person and his

successors, being the incumbents of a particular office, but ordinarily

consisting of an association of numerous individuals.

(n) CSCS means the California Special Civil Seismic

examination prepared by the California Board of Professional

Engineers and Land Surveyors.

(o) IDP means the Intern Development Program prepared and

issued by the NCARB.

(p) L.A.R.E. means the landscape architect registration

examination prepared by the Council of Landscape Architectural

Registration Boards.

(q) NAAB means the National Architectural Accrediting Board.

(r) NCARB means the National Council of Architectural

Registration Boards.

(s) NCEES means the National Council of Examiners for

Engineering and Surveying.

(t) Partner means one who has united with others to form a

partnership in business.

(u) Proprietorship means a business, usually unincorporated,

owned and controlled exclusively by one (1) person. Such a business is

commonly designated as a “sole proprietorship”.

(v) Registrant or Licensee means any person holding a current

registration as a Professional Engineer, Registered Architect,

Landscape Architect or Professional Land Surveyor.

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(w) Responsible Control means that amount of control over, and

detailed knowledge of, the content of the technical submission during

their preparation, as is ordinarily exercised by professional engineers,

registered architects, registered landscape architects and/or professional

land surveyors, applying the required professional standard of care.

Reviewing, or reviewing and correcting, technical submissions after

they have been prepared by others does not constitute the exercise of

responsible control because the reviewer has neither control over, nor

detailed professional knowledge of, the content of such submissions

throughout their preparation.

(x) Responsible Managing Employee means a person who is

licensed under this Chapter and who has been designated, pursuant to §

32123 of this Chapter, by the firm. The managing employee is

responsible for the engineering, architecture, landscape 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. An engineer, architect, landscape architect or surveyor who

renders occasional, part-time, or consulting services to, or for, a firm

may not be designated as a managing employee. The managing

employee’s responsibilities include:

(1) renewal of the Certificate of Authorization and

notification to the Board of any change in the managing employee;

(2) overall management of the firm’s licensed and

subordinate personnel providing the engineering, architecture or

surveying work in this jurisdiction; and

(3) institution and adherence of policies of the firm that are

in accordance with the Rules of Professional Conduct, adopted

pursuant to § 32109(e) of this Chapter.

(y) Rules of Professional Conduct for Professional Engineers,

Architects, Landscape Architects, and Land Surveyors means those

rules promulgated by the Board as authorized by law.

(z) Technical Submissions means designs, drawings,

specifications, studies, and other technical documents prepared in the

course of practicing engineering, architecture, landscape architecture

and land surveying. All technical submissions shall be identified by

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date and by name and address of the licensee or licensee’s firm.

(aa) WCARB means the Western Conference of Architectural

Registration Boards.