The Joint Committee of Architects, Engineers, and Land Surveyors on Professional Practice
The Commonwealth of Massachusetts
Division of Professional Licensure
Leverett Saltonstall Building, Government Center
100 Cambridge Street, Boston 022202
Dear Professional Practitioner,
Safeguarding the public in the design and construction of buildings and public works is a shared responsibility. The registered architect and professional engineer should endeavor to ensure the competence and integrity of the design while assuming the responsibility and liability appropriate to the services performed. The professional land surveyor should endeavor to ensure the competence and integrity of boundary surveys while assuming the responsibility and liability appropriate to the services performed. The boards of registration have the responsibility to regulate the professional conduct of design professionals, more specifically in cases of fraud, gross negligence, incompetence, or misconduct.
To accomplish these ends, we must ask for and rely upon your cooperation in enforcing the laws and regulations of the Commonwealth related to professional practice. We encourage you and those whom you may supervise to use all due care in executing your professional responsibilities to provide quality services and prevent acts of negligence, technical incompetence or lapses of ethics that could constitute a danger to the public. This brochure has been assembled to assist you in understanding your professional responsibilities as a practicing architect, professional engineer, or professional land surveyor and to direct you to sources of information that can help answer questions arising in your day-to-day practice.
Respectfully yours,
| Board of Registration of Architects Engineers | Board of Registration of Professional and Professional Land Surveyors |
Message from the Joint Committee of Architects, Engineers and Land Surveyors on Professional Practice
In the United States, the multi-billion dollar design and building industry has evolved as the demand for human services has increased. The services required in this society affect the simplest needs such as shelter, health, safety, water supply, and security, and the complexities of modern life, including transportation, water and waste treatment, power stations, and institutional and public facilities. Well-educated, registered professionals are essential for the development of technical solutions to these societal needs.
In keeping with the interdisciplinary nature of the design and building industry, a Joint Committee of Architects, Engineers and Land Surveyors was formed to assist registered architects, professional engineers, and professional land surveyors working in the Commonwealth of Massachusetts to better understand their individual and joint responsibilities as practitioners. Working on the premise that a common understanding of each other's duties and legal responsibilities is essential to providing competent design services, the Committee focused on ways to expand the practitioners' previous educational and practical experiences, strengthen relationships among those in professional practice, and, ultimately raise the quality of design services for the public good.
A number of architects, professional engineers, and professional land surveyors contributed many hours to prepare this brochure and share their understanding of today's practice with you. As practice has become more complex, the former lines of responsibilities between architects and engineers have become blurred. It has been the Committee's objective to provide guidance as practitioners and to redefine the appropriate roles of their professions in the context of good judgment and state legislation.
In preparing this brochure, the Committee decided to identify the most commonly asked questions regarding practice as a design professional and to provide concise answers whenever possible. Where simple answers do not suffice, this brochure provides additional sources you may contact for information. Practitioners are advised that this brochure is intended to be used only as a guide and any person having specific questions should address them to the appropriate Board of Registration or Counsel for the Board or should seek assistance of legal counsel.
In accomplishing its tasks, the Committee came to a better appreciation of collaboration among the various professional disciplines. To this end, you are encouraged to do the same. We hope that you will find the time to participate actively in your professional societies, work on multi-discipline teams whenever possible, and support the good work of our dedicated boards of registration.
Commonly asked questions about professional practice...
Where can practitioners learn more about their specific legal responsibilities in the Commonwealth?
Practitioners should be familiar with the Massachusetts General Laws (MGL) and the following in particular:
Architects
MGL Chapter 13 Sections 44A-44D
MGL Chapter 112 Sections 60A-60O and Sections 61- 65
Architects and Engineers
MGL Chapter 7 Sections 38A 1/2 to 38.0
MGL Chapter 143 Sections 93-100
Engineers and Land Surveyors
MGL Chapter 13 Sections 45-47
MGL Chapter 112 Sections 81D-81T
Practitioners should also be familiar with the Code of Massachusetts Regulations (CMR), and in particular:
Architects
231 CMR Sections 1.00 - 4.00
Architects and Engineers
780 CMR Sections 113 - 127
Engineers and Land Surveyors
250 CMR Sections 1.00 - 6.90
The following is a summary of similar regulations directly affecting the practice of architecture, engineering, or land surveying.
Architects - 231 CMR
Engineers and Land Surveyors - 250 CMR
Building Regulations - 780 CMR
| Æ Competence | 4.01 (1) | 4.03 | |
| Æ Conflict of Interest | 4.01 (2) | 4.05 | |
| Æ Full Disclosure & Public Statements | 4.01 (3) | 4.04 | |
| Æ Compliance with Laws, Professional Conduct & Responsibility | 4.01 (4 & 5) | 4.02 | 113 and 127 |
| Æ Advertising & Solicitation | 4.01 (6) | 4.06 | |
| Æ Use of Seal & Limits on Practice | 4.02 (1-3) | 3.05 (1-12) | 113 |
| Æ Restricted & Prohibited Use of Titles & Standards of Professional Practice | 4.03 | 5.01 & 5.02 |
A copy of the Code of Massachusetts Regulations containing board regulations may be purchased at the State House Book Store in Boston (617-727-2834). This information should be shared with other members within your firm.
Who may be called an architect, professional engineer, or professional land surveyor?
Only those persons duly registered by the respective boards (231 CMR, Architects and 250 CMR, Professional Engineers and Professional Land Surveyors).
When are architects or professional engineers required to use their seals?
The requirements for the use of the seal of a registered architect or the seal of a registered professional engineer are not identical and use of the seal is not interchangeable.
Under MGL c.143, s. 54A, all architectural work requires the seal of a registered architect and all engineering work requires the seal of a registered professional engineer, unless the project is exempted from that requirement by some provision of MGL c. 112, s. 60L or s. 81R which makes preparation of the plans and/or reports by a registered architect or professional engineer unnecessary.
When is an architect or engineer not required to seal professional design services in the Commonwealth?
The seal of a registered architect is required for all plans or specifications except as noted under MGL c. 112, s. 60L.
"Nothing in sections sixty A to sixty M, inclusive, shall be construed to prevent:
- The preparation of plans and specifications for and the supervision of the construction, enlargement or alteration of
(a) Any building containing less than thirty-five thousand cubic feet of enclosed space, the computation to be made according to rules to be established by the board;
(b) Any single or two-family house or any accessory building thereto;
(c) Any building used for farm purposes; - The preparation of plans and specifications for and the supervision of the alteration of any building not involving substantial and major structural change; (NOTE: Substantial and major structural change has been interpreted by the Board to include partitions and other fixed elements)
- The preparation of any detailed or shop plans required to be furnished by a contractor, or the administration of construction contracts by persons customarily engaged in contracting work;
- The employees of a registered architect or persons acting under his direction from carrying out their normal duties in the preparation of plans and specifications or in the administration of construction contracts;
- A registered professional engineer as defined in section eighty-one D of this chapter from performing, agreeing to perform, or holding himself out as able to perform such services included in the practice of architecture as may be incidental to his engineering work;
- Officers and employees of the United States of America, while working in the Commonwealth, from engaging in the practice of architecture as employees of said United States of America, and officers and employees of the Commonwealth or any subdivision thereof from engaging in the practice of architecture as employees of the Commonwealth or any subdivision thereof;
- The practice of landscape architects, city planners and regional planners insofar as their work consists in consultations and preparation of master plans of parks, land areas, sites, organized groups of buildings or communities or the preparation of detailed plans and the supervision of planting, grading, paving, and such structural features as fences, steps, walls, pools, garden structures, and minor utilities normally included as a part of their work.
- A partnership or corporation from entering into agreements to perform or holding itself out as able to perform any of the services involved in the practices of architecture; provided, that any agreement to perform such services shall be executed on behalf of the partnership or corporation by the partner or partners or by the officer or officers who shall be the registered architect or registered architects exercising professional and supervisory control over the particular services contracted for by the partnership or corporation, and provided, further, that any partnership or corporation holding itself out as of January first, nineteen hundred and fifty-seven, as able to perform any of the services involved in the practice of architecture and having a place of business in the commonwealth as of the date, and of which a majority of the partners of such partnership or officers of such corporation are registered architects or registered engineers and of which at least one of such partners or officers is a registered architect, may, until January first, nineteen hundred and seventy-seven, execute any such agreement by any duly authorized partnership or by any duly authorized officer of such corporation whether such duly authorized partner or officer is, or is not a registered architect or a registered engineer, provided that a registered architect who is such a partner or such an officer shall exercise professional supervisory control over the particular services contracted for by the partnership or corporation.
- A non-resident who holds a certificate of registration to practice architecture in the state in which he resides and in addition holds a certificate of qualification issued by the National Council of Architectural Registration Board form agreeing to perform or holding himself out as able to perform any of the professional services involved in the practice of architecture; provided, that he shall not perform any of the professional services involved in the practice of architecture until registered as herein-before provided."
The seal of a registered professional engineer is required for all plans or specifications except as noted under MGL c. 112, s. 81R.
"Nothing in said sections shall be construed to prevent or to affect:
(a) the practice of any other legally recognized profession including the practice of architecture as defined in this chapter and the practice of any trade, including, in connection with the practice of the electrical, plumbing, heating, ventilating, air conditioning, refrigeration and all other trades, the preparation of plans, specifications or shop drawings by any person, firm, partnership, corporation or association practicing any such trade, for work to be installed or being installed by the same person, firm, partnership, corporation or association preparing such plans, specifications or shop drawings.
(b) a person not a resident of and having no established place of business in the Commonwealth from practicing or offering to practice therein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year; provided, such person is legally qualified by registration to practice the said profession in his own state or country in which the requirements and qualifications for obtaining a certificate or registration are not lower than those specified in said sections;
(c) a person not a resident of and having no established place of business in the Commonwealth or who has recently become a resident hereof, from practicing or offering to practice engineering or land surveying therein for more than thirty days in any calendar year, if he shall have filed with the board an application for a certificate or registration and shall have paid the fee required by said sections; provided, that such person is legally qualified by registration to practice engineering or land surveying in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in said sections. Such practice shall continue only for such time as the board requires for the consideration of the application for registration;
(d) the work of an employee or a subordinate of a person holding a certificate of registration under said sections, an employee of a person practicing lawfully under clauses (b) and (c) of this section, or an employee of a firm, co-partnership, corporation or joint stock association engaging lawfully under clause (f) of this section; provided, such work does not include final designs or decisions and is done under the direct responsibility, checking and supervision of a person holding a certificate of registration under said sections or a person practicing lawfully under clause (b) or (c) of this section;
(e) the practice of officers and employees of the government of the United States while engaged within the Commonwealth in the practice of engineering or land surveying for said government;
(f) the practice of engineering or land surveying in the Commonwealth by a firm, co-partnership, corporation or joint stock association; provided, that the person in charge of such practice by such firm, co-partnership, corporation or joint stock association is a professional engineer or land surveyor, holding a certificate of registration under said sections;
(g) the performance of engineering work or services by employees of a corporation engaged in manufacturing, research or development operations, which work or services are performed in connection with the research or development activities of, or the manufacture, sale, installation, maintenance, repair or service of the products of, such corporation, or of its parents, affiliates or subsidiaries, provided, that such research or development activities which are not related to the manufacture, sale, installation, maintenance, repair or service of products of such corporation, or of its parents, affiliates or subsidiaries are not primarily in connection with the construction of fixed works which are to be made available for use by the general public;
(h) the practice of landscape architects, city planners and regional planners, in so far as their work consists in the consultations and preparation of master plans of parks, land areas, sites, organized groups of buildings or communities, or the preparation of detailed plans and the supervision of planting, grading, paving, and such structural features as fences, steps, walls, minor pools, garden structures and minor utilities normally included as part of their work;
(i) sales personnel from recommending applications to specific uses of products for which they act as sales representatives;
(j) the performance of engineering work or services by any person employed by an insurance company or by its agents, its affiliates or subsidiaries, or the performance of engineering work or services for insurance inspection and actuarial bureaus, provided such work or services in either case are incidental to the operation of an insurance company;
(k) the work of an owner or managing agent of a building or any employee of such owner or agent making alterations or repairs to such building or supervising the same, or of a person engaged by such owner or agent to perform work of any other legally recognized trade exempted under clause (a) of this section;
(l) the performance of engineering work and services by a person, firm or corporation subject to the jurisdiction of the department of public utilities which work and services are performed as part of their employment and for the benefit of such person, firm or corporation; or
(m) the performance of engineering work and services by employees of the Metropolitan Transit Authority which work and services are performed as part of their employment and for the benefit of the said authority."
If one of the above-noted exceptions does not clearly apply to the project in question, the seal of a registered architect and professional engineer is required.
What is the impact of the Massachusetts State Building Code on the exceptions listed above?
The design, permitting and construction of structures are also regulated in the Commonwealth by state laws (MGL c. 143, ss. 93-100), and regulations contained in the Massachusetts State Building Code (780 CMR, sections 113-127). Architects, professional engineers and professional land surveyors are urged to become familiar with these regulations, as well as the other state laws and regulations governing the practices of architects, professional engineers and professional land surveyors. Design professionals are directed to read 780 CMR Section 127.0, "Construction Control," in particular.
When may the seal of the registered architect or professional engineer be used?
Both the licensing law for architects and the licensing law for professional engineers expressly prohibit the use of a professional seal on drawings which have not been prepared by the licensee himself/herself, or by someone who has not been directly and personally supervised by that licensee. Specifically, MGL c. 112, s. 60G(e) forbids the placement of an architect's seal on a plan or drawing unless that plan or drawing has been prepared by that licensee, or by a regularly employed subordinate of that licensee under the direct, personal supervision of that licensee. In similar fashion, MGL c. 112, s. 81P prohibits the placement of a professional engineer's seal on plans or drawings which have not been prepared either by the named licensee or by someone in his office or under his immediate, responsible direction and control.
What constitutes an acceptable seal?
According to current laws and regulations, seals for architects, professional engineers, and professional land surveyors, or embossing presses for professional engineers and professional land surveyors, are the only types of seals allowed. Digital seals (computer generated or other electronic images) do not comply with existing laws and regulations.
The licensing laws and regulations require that all sealed drawings and specifications be dated and have an original signature. Professional engineers are also required to indicate the discipline in which they are registered when they seal their drawings or reports (MGL c. 143, s . 44).
May an architect, professional engineer, or professional land surveyor seal the work of others?
The architect's official seal is intended for his/her personal use in conjunction with plans, specifications, and other instruments of architectural services prepared under his/her direction for which he/she will be responsible, and is not transferable (231 CMR 4.02).
The professional engineer's or professional land surveyor's seal is to be used only by the registrant personally, and only on drawings and/or documents produced by the registrant personally or under the registrant's direct personal supervision (250 CMR 3.05 and 780 CMR 113.5.2 and 127.2.1).
The regulations of the Board of Registration of Professional Engineers and Professional Land Surveyors at 250 CMR 3.05 (7) require the professional engineer to limit practice to areas of professional competence as demonstrated to, and approved by that board.
The licensing law for professional engineers does not limit the professional engineer to the discipline in which he/she is registered, but allows the registrant to practice in branches of engineering in which he/she is competent even though outside that discipline indicated on his/her seal. The Board's regulations mandate that the burden of proof of competence rests with the registrant should a question be raised as to that competence. The Board is the only authority empowered to determine competence and will do so if requested by the registrant or any person or entity.
May business entities such as firms, partnerships or corporations provide professional design services?
When a partnership contracts to perform architectural services in Massachusetts, at least one partner must be registered as an architect in this state. That Massachusetts registrant must also be the person who signs all contracts for the performance of architectural services on behalf of the partnership, and must either personally perform, or personally supervise the preparation of any plans drawn which require the seal of a registered architect. When the entity engaging to perform the architectural services is a corporation, at least one of the officers established by the articles of incorporation or the corporation's by-laws must be a Massachusetts registrant and that officer must sign the contracts and prepare, or supervise the preparation of the plans.
MGL c. 7, s. 38A 1/2 which regulates state funded buildings and construction projects states that the person in charge of the performance of architectural or engineering services related to "vertical construction'" by the firm must be a registered architect or professional engineer for the project. It further states that for such projects, the majority of the directors, partners or a majority of the stock ownership and the chief executive officer must be persons who are registered architects or engineers.
May an architect or professional engineer do work in each other's discipline?
MGL c. 112, s. 60A states that a registered architect may perform such engineering work as is incidental to the practice of architecture. MGL c. 112, s. 81D states that a registered professional engineer may do such architectural work as is incidental to his/her work and that a registered professional engineer qualified in the branch of civil engineering may perform land surveying incidental to his/her engineering work, excluding property line determination.
The law does not elaborate on the definition of "incidental." Therefore, the architect and engineer must be guided by professional judgment and accepted standards of practice in determining the meaning of "incidental." Licensed architects, professional engineers and professional land surveyors should practice within their areas of professional competence and consult with other design professionals when the work falls outside their competence.
Is the architect, professional engineer, or professional land surveyor required to display certificates of registration?
Registered architects, professional engineers, and professional land surveyors are required by statute to display their certificates of registration in a conspicuous place in their places of business.
Is continuing education a requirement for renewing registration in the Commonwealth?
All Architects must complete continuing education unit requirements by August 31st of each as a prerequisite to certification renewal as stated in 231 CMR: Board of Architects, 3.06 Continuing Education Requirements. At present there are no such requirements for the Engineering and Land Surveyors Board. However, many of the professional societies encourage their members to keep current with their technical business and professional development by participating in life-long learning experiences.
When is an architect, professional engineer, or professional land surveyor required to obtain insurance coverage for his/her professional liability?
In general, architects and professional engineers are not required by law to maintain professional liability insurance. However, on certain public projects see, for example, M.G.L. c. 7, § 38H (f), design professionals are required to maintain professional liability insurance covering negligent errors, omissions and acts in specified amounts. Decisions to maintain professional liability insurance, however, typically are based on the personal and business needs of the practitioner and should only be made after consulting experts in the field. For further information, contact your local professional society.
Who is responsible for enforcing the regulations and statutes governing professional practice as an architect, professional engineer, and professional land surveyor in the Commonwealth?
The governing body related to enforcement of the various laws and regulations pertaining to professional practice rests with the appropriate board of registration. However, your personal involvement as a registered professional is key to each board's success in discharging their duties. All registered professionals have an ethical and moral responsibility to help govern and regulate the practice of their discipline and to assist those charged directly by the Governor or courts in discharging their duties in safeguarding the health and safety of consumers.
List of Committee Members
| Walter B. Adams, AIA BSA | Ronald Axelrod, AIA ACEC/BSA | George T. Balich, AIA BSA/MSPE Committee Chairman |
| Stanley D. Elkerton, P.E. ACEC-NE President Past Committee Chairman | Carol Fitzgerald Executive Director, MSPE | Cindy Chabot BSCE |
| Brian Gore, P.E. State Board of Building Regulations and Standards | Robin Greenleaf, P.E.ACEC/MSPE | Peter E. Hale, P.L.S. MALSCE |
| William S. Hartley, P.E. BASE | Charles Heuer, FAIA BSA | Michael Hicks, AIA BSA |
| Daniel Lewis, AIA Central MA Chapter- AIA President | J. Harry Parker, P.E, P.S. Board of Registration of Professional Engineers and Land Surveyors | Maurice Pilette, FPE/P.E. State Board of Building Regulations and Standards |
| Allister Wm. Shepherd, P.E. MSPE/NSPE, National Director | Peter Steffian, FAIA Chairman, Board of Registration of Architects | Peter C. Sugar, AIA BSA |
| David Tobias, AIA AIA Massachusetts President |
The Joint Committee of Architects, Engineers, and Land Surveyors on Professional Practice gives its permission to copy this document.