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.