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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 3-A. ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING. PL 1993, c. 389, @4 (rpr))
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Title 32 - §211. Membership; term
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§211. Membership; term
The Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers, established by Title 5, section
12004-A, subsection 4, referred to in this chapter as the "board," shall administer this chapter. The board consists of 9
members appointed by the Governor: Five must be licensed and practicing architects, one of whom may be a professor of architecture;
one must be a licensed and practicing landscape architect; one must be a certified and practicing interior designer and 2
must be representatives of the public.
[1999, c. 687, Pt. E, §2 (amd).]
div>
Appointments are for 3-year terms Appointments of members must comply with section 60. A member may be removed by the Governor
for cause.
[1993, c. 600, Pt. A, §37 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §212. Qualifications for members
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§212. Qualifications for members
Each member of the board must be a citizen of the United States, a resident of this State and in the case of architect, landscape
architect or interior designer members must be currently licensed or certified by the State and have engaged in the independent
practice of architecture, landscape architecture or interior design in the State for at least 5 years immediately prior to
appointment. The member who may be a professor of architecture in a college or university of this State must have combined
experience in practice and teaching of not less than 5 years, at least 2 of which must have been in the active practice of
architecture as a profession.
[1993, c. 389, §6 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §213-A. Compensation (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§213-A. Compensation (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §213. Meetings; chair; quorum
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§213. Meetings; chair; quorum
The board shall meet at least once a year to conduct its business and to elect its officers. Additional meetings may be held
as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board
members.
[1993, c. 389, §7 (amd).]
div>
The board shall annually elect a chair and a secretary. Five members of the board constitute a quorum for all purposes.
[1999, c. 687, Pt. E, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §214. Powers and duties
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§214. Powers and duties
The board shall administer, coordinate and enforce this chapter and have the following powers and duties in addition to those
otherwise set forth in this chapter.
[1983, c. 214, §6 (rpr).]
1. Rules. The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt rules
commensurate with the authority vested in it by this chapter. The rules may include rules necessary for the performance of
the duties of the board in carrying out the purposes of this chapter, as well as such rules as are appropriate to establish
and maintain high standards of ethical conduct. These rules shall include, but not be limited to, rules concerning misconduct,
compensation, fee splitting, advertising and standards of workmanship.
[1983, c. 413, §6 (new).]
2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension,
revocation or denial of a license or certificate or as otherwise determined necessary to the fulfillment of its responsibilities
under this chapter.
The board may not refuse to renew a license or certificate for any reason other than failure to pay a required fee, unless
it has afforded the licensee or certificate holder an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory
hearing at the written request of a person who is denied a license or certificate without a hearing for any reason other than
failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's
receipt of written notice of the denial of the application, the reasons for the denial and the applicant's right to request
a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter
IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
[1993, c. 389, §8 (amd).]
3. Contracts.
[1995, c. 397, §22 (rp).]
4. Legal services. The board, or any committee thereof, is entitled to the services of the Attorney General and the services of the prosecuting
attorney for the county in which enforcement is required. The board may employ legal advice and such other assistance as
may be deemed necessary for the proper conduct of its affairs, the expense of that assistance to be defrayed by the revenues
provided by this chapter.
[1983, c. 413, §6 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §215. Removal of member; vacancies (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§215. Removal of member; vacancies (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §216. Records
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§216. Records
The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. The board shall
keep a register of all licensees and certificate holders, which must be available at cost to all persons.
[1993, c. 389, §9 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §217-A. Liaison; limitations (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§217-A. Liaison; limitations (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §217-B. Budget (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§217-B. Budget (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §217-C. Employees (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§217-C. Employees (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §217. Reports
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§217. Reports
Not later than August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation
a report of its transactions of the preceding fiscal year ending June 30th, and shall transmit to him a complete statement
of all receipts and expenditures of the board, attested by affidavits of its chairman and its secretary.
[1987, c. 395, Pt. A, § 112 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §218. Disciplinary actions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 1: BOARD OF LICENSURE (HEADING: PL 1987, c. 395, Pt. A, @107 (rpr))
§218. Disciplinary actions
The board may order an investigation of a complaint on its own motion or on written complaint filed with the board regarding
noncompliance with or violation of any section of this chapter or of any rules adopted by the board.
[1983, c. 413, §9 (rpr).]
div>
The board may suspend or revoke a license or certificate pursuant to Title 5, section 10004. The board may refuse to renew
or the District Court may revoke, suspend or refuse to renew any license or certificate issued under this chapter if the holders
of the license or certificate have violated any provision of this chapter or any rule or order of the board.
[1993, c. 389, §10 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §220-A. Application
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§220-A. Application
Any person registered by the board as a Maine registered landscape architect prior to the effective date of this section shall
automatically be licensed as a landscape architect.
[1987, c. 395, Pt. A, §116 (new).]
div>
Any person who is practicing the profession of landscape architecture, but is not licensed with the board prior to the effective
date of this section, shall comply with the requirements of section 220 by January 1, 1992.
[1989, c. 857, §73 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §220-B. Use of the title "interior designer"; qualifications; grandfathering
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§220-B. Use of the title "interior designer"; qualifications; grandfathering
1. Use of title. A person may not use the title "certified interior designer" unless certified under this chapter. This chapter does not
prohibit a person from providing interior design services or from using the title "interior designer."
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Certified interior designer" means an interior designer who has been certified by the board in accordance with this chapter.
[1993, c. 389, §12 (new).]
B. "Interior designer" means an individual who provides or offers to provide interior design services.
[1993, c. 389, §12 (new).]
C. "Interior design services" means services that do not require the services of a licensed architect or engineer and that
involve the preparation of working drawings, plans and specifications relative to building elements that are not necessary
for the structural stability and mechanical and electrical integrity of the construction.
[1993, c. 389, §12 (new).]
[1993, c. 389, §12 (new).]
2. Qualifications. The following are the qualifications for certification as an interior designer.
A. Except as otherwise provided in this chapter, each applicant for registration must provide to the board proof of passage
of the examination administered by the National Council for Interior Design Qualification or its successor organization or
an equivalent examination as specified by the board.
[1993, c. 389, §12 (new).]
B. In addition to proof of passage of the examination, the applicant must provide substantial evidence to the board that the
applicant:
(1) Is a graduate of a 5-year interior design program from an accredited institution and has completed at least one year
of diversified and appropriate interior design experience;
(2) Is a graduate of a 4-year interior design program from an accredited institution and has completed at least 2 years
of diversified and appropriate interior design experience;
[1993, c. 389, §12 (new).]
[1993, c. 389, §12 (new).]
3. Accreditation. All interior design programs must be accredited by the Foundation of Interior Design Education Research, or its successor
organization, or be determined by the board to be substantially equivalent to the accredited program.
[1993, c. 389, §12 (new).]
4. Grandfathering. A person who applies for certification and remits the application and appropriate fees within 1 12 years after the effective
date of this section must be certified by the board without taking the written examination if:
A. The applicant has previously passed the examination of the National Council for Interior Design Qualification, or its successor
organization, or an equivalent examination approved by the board; or
[1993, c. 389, §12 (new).]
B. The applicant has satisfactory evidence of having used or been identified by the title "interior designer" and has a combination
of interior design education and diversified and appropriate experience totaling 6 years; except that if the interior designer
has one year or less of interior design education, then 2 years of interior design experience acceptable to the board may
be substituted for each year of interior design education required. A person is considered to have used or been identified
by the title "interior designer" if the person demonstrates to the satisfaction of the board that the person was either self-employed
as an interior designer or, in the course of regular employment, rendered or offered to render to another person interior
design services. In addition, the applicant must have passed the codes portion of the examination of the National Council
for Interior Design Qualification, or its successor organization, or an equivalent examination approved by the board.
[1993, c. 389, §12 (new).]
[1993, c. 389, §12 (new).]
5. Repeal. Subsection 2, paragraph B, subparagraphs (3) and (4) are repealed 6 years after the effective date of this section.
[1993, c. 389, §12 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §220. Licensing requirements
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§220. Licensing requirements
1. Architects.
A. A person may not practice architecture or profess to practice architecture inside the State or use the title or profess
to be an "architect" or "registered architect" or display or use any words, letters, figures, titles, sign, card advertisement
or other symbol or device indicating or tending to indicate that the person is an architect or is practicing architecture,
or sign technical submissions unless the person is duly licensed by the board.
As used in this chapter, the practice of architecture consists of rendering or offering to render service to clients by consultations,
investigations, technical submissions and a coordination of structural factors concerning the aesthetic or structural design
and administration of construction contracts or any other service in connection with the designing or administration of construction
contracts for buildings located inside the State that have as their principal purpose human occupancy or habitation, regardless
of whether the persons are performing one or all of these duties, or whether they are performed in person or as the directing
head of an office or organization performing them.
As used in this chapter, the term "technical submissions" includes the preliminary studies, plans, designs, drawings, specifications
and contract documents, as well as other documents, prepared in the course of practicing architecture or landscape architecture.
The practice of architecture does not include the practice of landscape architecture as defined in this chapter. A licensed
architect may do landscape architectural work as is incidental to the architect's work.
[1991, c. 396, §11 (amd).]
B. Qualifications.
(1) To be qualified for admission to the examination to practice architecture in this State an applicant must submit evidence
to the board that:
(a) The applicant has completed a course of study in a school or college of architecture approved by the board, with graduation
evidenced by a diploma setting forth a satisfactory degree, and 3 years of practical experience in the office of an experienced
architect or architects engaged in the practice of architecture as a profession; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully
equivalent to that required in division (a).
(2) An applicant for licensure as an architect in this State who has a current and valid license from another jurisdiction
and a certificate from the National Council of Architectural Registration Boards may offer to render architectural services
in this State prior to licensure by the board if the applicant first notifies the board in writing that the applicant will
be present in this State to offer to render architectural services. The applicant may not render architectural services until
duly licensed by the board.
[1991, c. 824, Pt. A, §63 (amd).]
C. Corporations and partnerships.
(1) A corporation or partnership may not be licensed to practice architecture in this State, but it is lawful for a corporation
or partnership to practice architecture in this State if:
(a) At least 13 of the directors, if a corporation, or 13 of the partners, if a partnership, are licensed under the laws
of any state to practice architecture;
(b) The practice of architecture is under the direct supervision of a director or partner who is licensed to practice architecture
under this chapter; and
(c) An additional 13 of the directors or partners are licensed under the laws of any state to practice engineering, architecture
or landscape architecture.
If the total number of directors or partners is not divisible by 3, the number of directors or partners required to satisfy
the requirements of this subparagraph is determined by dividing the total number of directors or partners by 3 and rounding
to the nearest whole number.
Any corporation or partnership authorized to practice architecture under this chapter shall, upon written request from the
board, submit information concerning the organization and activities of the corporation or partnership.
(2) A corporation or partnership authorized under this chapter to practice architecture in the State may offer to render
and may practice landscape architectural services beyond those landscape architectural services that are incidental to the
rendering of architectural services if:
(a) The person who is rendering landscape architectural services is a licensed landscape architect under this chapter; and
(b) The landscape architectural services offered are rendered by or under the direct supervision of a licensed landscape
architect.
(3) A corporation or partnership that may not otherwise offer to render architectural services may offer to render those
services if:
(a) An architect licensed in the State or otherwise permitted to offer to render architectural services participates substantially
in all material aspects of the offering and supervises directly the architectural services provided;
(b) The corporation or partnership provides written disclosure at the time of the offering that the architect is engaged
by and responsible contractually to the corporation or partnership; and
(c) The corporation or partnership provides written notice to any person who engages the corporation or partnership to receive
the architectural services offered, prior to termination of the architect involved in the offering.
[1991, c. 396, §11 (new).]
[1991, c. 824, Pt. A, §63 (amd).]
2. Landscape architects.
A. A person may not use the title "landscape architect" or profess to be a landscape architect or sign drawings or specifications
as a landscape architect unless that person is duly licensed by the board.
As used in this chapter, the practice of landscape architecture consists of rendering or offering to render services to clients
by consultations and technical submissions for the purposes of landscape preservation, development and enhancement. These
services must apply artistic and scientific principals to the research, planning, design and management of both natural and
built environments. These services may include but not be limited to the following activities:
(1) Investigation, selection and allocation of land and water resources for appropriate use;
(2) Formulation of graphic and written criteria to govern the planning and design of landscape construction programs;
(3) Preparation of master plans for land use and development;
(4) Production of contract documents for landscape construction, which may include grading and drainage plans, irrigation
plans, planting plans, construction detail plans and specifications;
(5) Cost estimates for landscape construction;
(6) Field observation and inspection of landscape construction; and
(7) Reclamation or rehabilitation of disturbed and historic landscapes.
Practitioners of landscape architecture may collaborate in the design of buildings, roads, bridges and other structures with
respect to the functional and aesthetic requirements of the landscape in which they are to be placed.
The practice of landscape architecture does not include the practice of architecture as defined in this chapter. A licensed
landscape architect may do such architectural work as is incidental to the landscape architect's work.
[1991, c. 396, §11 (amd).]
B. Qualifications.
(1) To be qualified for admission to the examination to practice landscape architecture in this State an applicant must submit
evidence that:
(a) The applicant has completed a course of study in a school or college of landscape architecture approved by the board,
with graduation evidenced by a diploma setting a satisfactory degree and 2 years of practical experience in landscape architectural
work of a grade and character satisfactory to the board; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully
equivalent to that required in division (a).
(2) An applicant for licensure as a landscape architect in this State who has a current and valid license from another jurisdiction
and a Council of Landscape Architectural Registration Boards' certificate may offer to render landscape architectural services
in the State prior to licensure by the board provided the applicant first notifies the board in writing that the applicant
will be present in the State to offer to render landscape architectural services. The applicant may not render landscape
architectural services until duly licensed by the board.
[1991, c. 824, Pt. A, §64 (amd).]
C. Corporations and partnerships.
(1) A corporation or partnership may not be licensed to practice landscape architecture in this State, but it is lawful
for a corporation or partnership to practice landscape architecture in this State if:
(a) At least 13 of the directors, if a corporation, or 13 of the partners, if a partnership, are licensed under the laws
of any state to practice landscape architecture;
(b) The practice of landscape architecture is under the direct supervision of a director or partner who is licensed to practice
landscape architecture under this chapter; and
(c) An additional 13 of the directors or partners are licensed under the laws of any state to practice engineering, architecture
or landscape architecture.
If the total number of directors or partners is not divisible by 3, the number of directors or partners required to satisfy
the requirements of this subparagraph is determined by dividing the total number of directors or partners by 3 and rounding
to the nearest whole number.
Any corporation or partnership authorized to practice landscape architecture under this chapter shall, upon written request
from the board, submit information concerning the organization and activities of the corporation or partnership.
(2) A corporation or partnership authorized under this chapter to practice landscape architecture in the State may offer
to render architectural services beyond those architectural services that are incidental to the rendering of landscape architectural
services if:
(a) The person who is rendering architectural services is a licensed architect under this chapter; and
(b) The architectural services offered are rendered by or under the direct supervision of a licensed architect.
(3) A corporation or partnership that may not otherwise offer to render landscape architectural services may offer to render
those services if:
(a) A landscape architect licensed in the State or otherwise permitted to offer to render landscape architectural services
participates substantially in all material aspects of the offering and supervises directly the landscape architectural services
provided;
(b) The corporation or partnership shall provide written disclosure at the time of the offering that the landscape architect
is engaged by and responsible contractually to the corporation or partnership; and
(c) The corporation or partnership shall provide written notice to any person who engages the corporation or partnership
to receive the landscape architectural services offered, prior to termination of the landscape architect involved in the offering.
[1991, c. 396, §11 (new).]
[1991, c. 824, Pt. A, §64 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §221. Examinations
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§221. Examinations
Examinations for licensure as an architect or landscape architect and for certification as a certified interior designer must
be held by the board at least once each year if applications have been received during the time announced. The board shall
make all necessary rules, in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et seq., governing
the time, place and method of giving and grading examinations, shall publish appropriate announcements and shall conduct examinations
at the time designated for all applicants who desire to be licensed as an "architect" or "landscape architect" or to be certified
as a "certified interior designer" and to engage in performing the functions of an architect, landscape architect or certified
interior designer. The board has the power to provide a reasonable division into classes of the various applicants and the
examination to be taken in each class. Examinations must consist of such technical and professional subjects and oral questioning
as the board may from time to time prescribe. The rules for the manner in which examinations are conducted and the content
of the examination must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et seq.
[1993, c. 389, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §222. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§222. Fees
For the purpose of defraying the expenses of the board and as required for carrying out this chapter, the following fees and
penalties must be paid.
[1993, c. 389, §14 (amd).]
1. Application for licensure and certification. For an application for licensure and certification, an amount must be fixed by the board that is reasonable and necessary
for its purpose.
[1993, c. 389, §14 (amd).]
2. Examination fee. For an examination fee, an amount must be fixed by the board that is reasonable and necessary for its purpose.
[1993, c. 389, §14 (amd).]
3. License; certification; resident. For a license or certification for a resident or nonresident by transfer of license from another state or country, an amount
must be fixed by the board that may not exceed $200.
[1993, c. 389, §14 (amd).]
4. License; nonresident.
[1991, c. 396, §14 (rp).]
5. Renewal. For the annual renewal of a license or certification, an amount must be fixed by the board that may not exceed $100.
[1993, c. 389, §14 (amd).]
6. Reissuance. For the reissuance of a lapsed or suspended license or certification, an amount must be fixed by the board that may not
exceed $100.
[1993, c. 389, §14 (amd).]
div>
All fees must accompany applications and no part of these fees may be refunded, except such parts as may be provided under
the rules of the board to be refunded when no license or certification is issued. The board shall adopt a fee schedule and
refund policy by rules adopted in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et seq.
[1993, c. 389, §14 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §223-A. Licensure without examination
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§223-A. Licensure without examination
A license may be issued without an examination under any one of the following conditions.
[1991, c. 396, §18 (new).]
1. Certification by National Council of Architectural Registration Boards. An architect license may be issued without examination to an applicant who has a current and valid certificate of licensure
from another state and a current and valid National Council of Architectural Registration Boards' certificate. The applicant
must file an application for licensure with the Maine State Board for Licensure of Architects and Landscape Architects on
a form prescribed by the board containing such information as the board considers pertinent.
[1991, c. 396, §18 (new).]
2. Architect licensure from other jurisdictions. An architect license may be issued without examination to an applicant who holds a current and valid license from another
jurisdiction provided the requirements for the license are determined equivalent to requirements for licensure by examination
in this State and the applicant submits other evidence of ability as may be required by the board.
[1991, c. 396, §18 (new).]
3. Certification by Council of Landscape Architectural Registration Boards. A landscape architect license may be issued without examination to an applicant who has passed a standard examination and
received certification by the Council of Landscape Architectural Registration Boards and provides the board further evidence
of continued honorable professional conduct after passing the examination.
[1991, c. 396, §18 (new).]
4. Landscape architect licensure from other jurisdictions. A landscape architect license may be issued without examination to an applicant who holds a current and valid license from
another jurisdiction provided the requirements for the license are determined equivalent to the requirements for licensure
by examination in this State and the applicant submits other evidence of ability as may be required by the board.
[1991, c. 396, §18 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §223-B. Certification by reciprocity
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§223-B. Certification by reciprocity
A certificate may be issued by the board without further examination requirements for an individual who provides proof of
passage of the examination administered by the National Council for Interior Design Qualification, or its successor organization,
or an equivalent exam as determined by the board or who is licensed or certified as an interior designer in another state
if that state's requirements are substantially equivalent to those required for a certificate in the State.
[1993, c. 389, §15 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §223. Licensure without examination (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§223. Licensure without examination (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §224-A. Certificate; expiration and renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§224-A. Certificate; expiration and renewal
1. Certificate. The board shall issue a certificate upon payment of the fee provided for in this chapter to an applicant who, in the opinion
of the board, has satisfactorily met all the requirements of this chapter. The certificate must identify the individual as
a "certified interior designer," show the full name of the registrant and have a certification number.
The issuance of a certificate by the board is evidence that the person named in the certificate is entitled to all the rights
and privileges of a certified interior designer while the certificate remains unrevoked or unexpired.
[1993, c. 389, §15 (new).]
2. Expiration and renewal. Certificates expire on the last day of December of odd-numbered years following their issuance or renewal and become invalid
on that date unless renewed or on another date as the Commissioner of Professional and Financial Regulation determines. The
board shall notify every person certified under this chapter of the date of the expiration of that person's certificate and
the amount of the fee that is required for its renewal for a 2-year period, except that, when the applicant has become certified
during the 2nd year of the 2-year period, the registration fee is for the remaining one year of that 2-year period. The notice
must be mailed at least one month in advance of the date of the expiration of the certificate. Renewal may be effected at
any time after receipt of notice by the payment of a renewal fee established by the board. Certification may be renewed up
to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. A person who submits
an application for renewal more than 90 days after the certification renewal date is subject to all requirements governing
new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive
examination if the renewal application is made within 3 years from the date of the expiration.
[1993, c. 389, §15 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §224. License
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§224. License
The board shall issue a license upon payment of the fee provided for in this chapter to any applicant who, in the opinion
of the board, has satisfactorily met all the requirements of this chapter. Licenses must bear a serial number and the full
name of the licensee.
[1991, c. 396, §19 (amd).]
div>
Issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges
of a licensed architect or licensed landscape architect while the license remains unexpired and unrevoked. The license shall
be synonymous with licensure, with the full meaning and effect of a license to practice architecture or landscape architecture.
[1987, c. 395, Pt. A, §120 (amd).]
div>
Licenses expire on the last day of June of each year or any other time the Commissioner of Professional and Financial Regulation
designates. Renewal may be effected at any time during the renewal month by payment of the renewal fee. A license may be
renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee.
Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements
governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the
protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration.
[1991, c. 396, §19 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §225-A. Certified signature
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§225-A. Certified signature
1. Signature required. A drawing plan, specification or report prepared or issued by a certified interior designer and being filed for public record
must bear the signature of the interior designer who prepared or approved the document, accompanied by a certification that
the signer is certified under this chapter, by the person's certification number and by the date on which the signature was
affixed.
[1993, c. 389, §15 (new).]
2. Competency. A certified interior designer may not sign a plan, specification, drawing or other document that depicts work that the person
is not competent or certified to perform.
[1993, c. 389, §15 (new).]
3. Supervising control. A certified interior designer may not affix a signature to a plan, specification or other document that was not prepared
by that person or under that person's responsible supervising control or by another interior designer and reviewed, approved
or modified and adopted by the person as that person's own work according to the rules adopted by the board.
[1993, c. 389, §15 (new).]
4. Document standards. Studies, drawings, specifications and other related documents prepared by a certified interior designer in providing interior
design services must be of a sufficiently high standard to clearly and accurately indicate all essential parts of the work
to which they refer.
[1993, c. 389, §15 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §225. Seal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§225. Seal
Each licensee shall upon licensure obtain a seal of such design as the board authorizes and directs and shall submit an impression
of the seal to the board. Technical submissions prepared by or under the direct supervision of a licensed architect or under
the direct supervision of a licensed landscape architect must be stamped with the seal during the life of the licensee's license.
It is unlawful for anyone to stamp or seal any documents with the seal after the license named on the seal has expired or
has been revoked, unless the license has been renewed or reissued.
[1991, c. 396, §20 (amd).]
div>
As used in this section, "direct supervision of a technical submission" means that the supervising licensee has personal knowledge
of the technical submission and direct knowledge of involvement with and control over preparation of the technical submission,
provided that persons consulting with or employed by the licensee who are licensed in this State under any other provision
of law may provide direct supervision of portions of the technical submission. Those portions are determined to be under
the direct supervision of the licensee if the licensee has reviewed those portions, coordinated their preparation and is responsible
for their adequacy.
[1991, c. 396, §20 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §226. Exceptions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§226. Exceptions
1. Practices excepted. Nothing in this chapter may be construed to affect or prevent the practice of:
A. Supervision by builders or superintendents employed by those builders of the installation of architectural or landscape
architectural projects;
[1991, c. 396, §21 (rpr).]
B. Marine or naval architects acting within the scope of their profession or occupation;
[1991, c. 396, §21 (rpr).]
C. Officers or employees of the Federal Government engaged inside the State in the practice of architecture for the Federal
Government;
[1991, c. 396, §21 (rpr).]
D. Any person in the regular employment of a public utility carrying out work incidental to the person's employment;
[1991, c. 396, §21 (rpr).]
E. Any person who is qualified under section 1251 to use the title "professional engineer" from performing any professional
engineering service as authorized in section 1251. Such service includes, but is not limited to consultation, investigation,
evaluation, planning, design and responsible supervision and administration of construction contracts in connection with any
public or private utilities, structures, buildings, machines, equipment, processes, works or projects, and technical submissions,
provided the person does only architectural or landscape architectural work that is incidental to the person's engineering
work;
[1991, c. 874, §2 (rpr).]
F. Officers or employees of the Federal Government or State Government using the title "transportation landscape architect"
in the practice of landscape architecture in connection with their governmental employment;
[1991, c. 396, §21 (new).]
G. The preparation of details and shop drawings, or job-specific interpretations of technical submissions by architects, by
persons other than architects, for use in connection with the execution of their work;
[1993, c. 389, §16 (amd).]
H. Employees of those practicing lawfully as architects under this chapter from acting under the instructions, control or supervision
of their employers; and
[1993, c. 389, §16 (amd).]
I. A person who is qualified under this chapter to use the title "certified interior designer" from performing any interior
design services.
[1993, c. 389, §17 (new).]
[1993, c. 389, §§16,17 (amd).]
2. Technical submissions; construction or development. Nothing in this chapter may be construed to prevent any person from preparing technical submissions for, or administering
construction contracts in, the erection, construction or development of:
A. Detached single or 2-family dwellings, including those to be utilized for home occupations, as defined by local ordinances,
and sheds, storage buildings and garages incidental to the dwellings;
[1991, c. 874, §3 (amd).]
B. Farm buildings, including barns, silos, sheds or housing for farm equipment and machinery, livestock, poultry or storage,
if the structures are designed to be occupied by no more than 10 persons;
[1991, c. 874, §3 (amd).]
C. Alterations, renovations or remodeling of a building when the cost of the work contemplated by the design does not exceed
15% of the assessed value of the building or $50,000, whichever is the lesser, or does not require the issuance of a permit
under applicable building codes or when the work involves those structures as provided in paragraphs A, B, F, G and H or when
the work involves interior design services performed by a certified interior designer;
[1993, c. 680, Pt. A, §28 (rpr).]
D.
[1991, c. 396, §21 (rp).]
E.
[1991, c. 396, §21 (rp).]
F. Buildings that do not have as their principal purpose human occupancy or habitation;
[1991, c. 874, §4 (new).]
G. Single-story, above-grade buildings of less than 1,000 square feet that are designed to be occupied by no more than 10 persons;
and
[1991, c. 874, §4 (new).]
H. Preengineered manufactured buildings. For the purposes of this section, "preengineered manufactured building" means a structural
unit, other than a dwelling, that is designed by a person licensed as an engineer in the State and is constructed in a manufacturing
facility.
[1991, c. 874, §4 (new).]
[1993, c. 680, Pt. A, §28 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §227. Enforcement
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§227. Enforcement
It shall be the duty of all duly constituted law enforcement officers of the State and all political subdivisions thereof
to enforce this chapter and to prosecute any persons violating this chapter.
[1977, c. 463, § 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §228. Penalties
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, c. 389, @4 (rpr))
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS (HEADING: PL 1993, C. 389, @11 (rpr))
§228. Penalties
A person who violates any provision of this chapter for which a penalty has not been prescribed commits a civil violation
for which a forfeiture of not more than $1,000 may be adjudged.
[2001, c. 421, Pt. B, §93 (amd); Pt. C, §1 (aff).]
div>
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other
administrative, civil or criminal proceedings have been or may be instituted.
[2001, c. 421, Pt. B, §93 (amd); Pt. C, §1 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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