I know this probably varies by state, but is the principal(s) of a survey firm required to be licensed? All of them (if more than one)? one of them? or just have an LS on staff?
John Hamilton, post: 342146, member: 640 wrote: or just have an LS on staff
That's called a sugar daddy.:-D
Not in Oregon to my knowledge. California yes. It was a problem in Oregon during the recession in my opinion. The owner held all the cards if the LS wanted to keep his job. My 2 cents. Jp
No,
there must be a licensed surveyor signed on as an employee, partner or on payroll for 40hr week before the doors can be opened and services offered.
Here the company must have a certificate of authorization from the state board. Said certificate will list the licensed person at that company in responsible charge for surveying, engineering, or both. I guess the owner could just be anyone as long as they have a PLS on their C of A.
Va requires 67% licensed ownership.
Jp7191, post: 342166, member: 1617 wrote: California yes. Jp
In CA, I know a few years back anyway that there were companies with owners that were not licensed, or least not all of the owners. You do have to designate a PLS in charge and that is the case in several states I am licensed in, BUT not all of them, and I think there are even less that require the owners to be a PLS, cleaner that way I suppose, BUT as long as there is a full time PLS in EACH office location that offers PLS services I don't know that they also have to have ownership. Not all of the state sI am licensed in require the CA for the firm either, it is a cobbled up mess from one state to the next.
SHG
Lots of engineering companies, owned by engineers who are not also surveyors, have survey departments. That's pretty common everywhere I've been. In Oregon you just need a PLS on staff. In Washington you need to keep the State Board informed of just who your surveyor is. In Oklahoma each firm needs a Certificate of Authorization which names the firm's responsible professionals.
So how do publicly traded firms like Stantec get around the requirement for licensed ownership?
Doesn't it depend on the type of corporation? In a Professional Corporation (PC) the principals all have to be professionally licensed. I don't think that's the case in a Limited Liability Corporation (LLC)...
I found this document for engineers and architects...could not find anything mentioning surveyors...
50 states firm licensure requirements
for PA:
No business entity may practice
engineering, or use the words ÛÏengineerÛ
or ÛÏengineeringÛ in its name, ÛÏunless the
directing heads and employees of such
firm or corporation in responsible charge
of its activities in the practice of such
profession are licensed and registered in
conformity with the requirements of this
act, and whose name, seal and signature,
along with the date of signature, [are]
stamped on all plans, specifications, plats
and reports issued by such firm or
corporation.Û In other words, to practice
engineering as a business entity, all
individual ÛÏdirecting headsÛ and practicing
employees must be licensed engineers in
the state of Pennsylvania. Further, all
ÛÏdirecting headsÛ and practicing
employees must follow the seal
requirements. 63 Pa. Const. Stat. å¤ 153.
In NH a LLS must authorize the business and can only authorize one business plus themselves.
From NJ Law:
"SUBCHAPTER 10.
CERTIFICATES OF AUTHORIZATION
13:40-10.1 ISSUANCE OF CERTIFICATES OF AUTHORIZATION
a) Upon review and approval by the Board of a completed application, the Board shall issue
a certificate of authorization to a limited liability company (LLC) or a corporation, other
than a professional service corporation established pursuant to the Professional Service
Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A: 17-1 et seq.), if the LLC or corporation
meets the following requirements:
1) At least one of the LLC's or corporation's officers or full-time employees is a licensed
professional engineer and/or professional land surveyor in this State who shall be in
responsible charge of the professional services rendered by the LLC or corporation;
or
2) The LLC or corporation has entered into a written contract with a New Jersey
licensed professional engineer or professional land surveyor pursuant to N.J.A.C.
13:40-10.3.
b) In applying for a certificate of authorization, an applicant shall submit to the Board:
1) A completed application form designated by the Board, which shall include, at a
minimum, the following:
i) The name and address of the LLC or corporation and its satellite offices;
ii) The names, addresses, license numbers and signatures of all officers, board
members, directors, principals and any licensees who shall be in responsible
charge of the practice of professional engineering and/or professional land
surveying through the LLC or corporation; PROFESSIONAL ENGINEERS, LAND SURVEYORS LAW AND PUBLIC SAFETY
Chapter 40 Page 50 of 107 Last Revision Date: 4/20/2015
iii) The names, addresses, license numbers, and amount and percentage of
ownership interest of the LLC or corporation of persons who are licensees of the
Board or who are closely allied professionals;
iv) The names, addresses, and amount and percentage of ownership interest of the
LLC or corporation of persons who are not licensees of the Board nor closely
allied professionals; and
v) The name and address of the LLC's or corporation's registered agent for service
of process in New Jersey;
2) A certified copy of the Certificate of Formation or Incorporation for an LLC or
corporation created in this State or, for an LLC or corporation created outside New
Jersey, a certified copy of a Certificate of Authority issued by the Division of Revenue
in the New Jersey Department of Treasury and a certified copy of the Certificate of
Formation or Incorporation, or its equivalent, issued by the home state;
3) A copy of the most current annual report filed with the Division of Revenue in the
New Jersey Department of Treasury;
4) If appropriate, a copy of the signed contract entered into pursuant to N.J.A.C. 13:40-
10.3; and
5) The certificate fee as set forth in N.J.A.C. 13:40-6.1.
c) The certificate of authorization shall designate all New Jersey licensees who are in
responsible charge of the professional engineering and/or professional land surveying
activities and decisions of the LLC or corporation. All final drawings, papers and
documents involving the practice of professional engineering and/or professional land
surveying, when issued by the LLC or corporation or filed for public record, shall be
signed and sealed by the New Jersey licensee who is in responsible charge of the work.
d) The LLC or corporation that has been issued a certificate of authority and its licensees
who are in responsible charge of the professional engineering and/or professional land
surveying activities and decisions of the LLC or corporation have a continuing duty to
inform the Board within 30 days of any change in the information that was provided to the
Board as required pursuant to (b) above, including a copy of each annual report filed with
the Division of Revenue.
e) Misrepresentation of any information provided to the Board or failure to provide updated
information as required under (d) above may result in the suspension of the certificate of PROFESSIONAL ENGINEERS, LAND SURVEYORS LAW AND PUBLIC SAFETY
Chapter 40 Page 51 of 107 Last Revision Date: 4/20/2015
authority and/or may be deemed to be professional misconduct of the licensees found to
be in responsible charge of the professional engineering and/or professional land
surveying activities and decisions of the LLC or corporation.
f) Failure by a licensee in responsible charge to render regular and effective supervision
pursuant to N.J.A.C. 13:40-9.1 shall constitute professional misconduct."
more on the contract part here:
"13:40-10.3 CONTRACT REQUIREMENT
a) Any business corporation or limited liability company that does not have an officer or
employee who is in responsible charge and is licensed as a professional engineer and/or
professional land surveyor in this State and which offers or renders such services shall,
prior to the offer or rendering of any such service, have a written contract with a New
Jersey licensed professional engineer or licensed professional land surveyor, and have
obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13:40-
10.1. Such written contract shall clearly indicate the licensee to be in responsible charge
of the engineering or land surveying services.
b) A licensed professional engineer or licensed professional land surveyor rendering
engineering or surveying services for a business corporation or limited liability company
that is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 and
N.J.A.C. 13:40-10.1 shall not perform such services unless he or she is an officer or an
employee of the corporation or has a written contract with the corporation prior to
rendering professional services and is listed as being in responsible charge on the
corporation's certificate of authorization.
c) A licensed professional engineer or licensed professional land surveyor rendering
engineering or surveying services who is listed as being in responsible charge of the
engineering or surveying work on a corporation's or limited liability company's certificate
of authorization shall notify the Board in writing within 30 days of any change of status
regarding the individuals in responsible charge of the corporation or limited liability
company. It shall be the duty of the corporation or limited liability company and the
licensed professional engineer or licensed professional land surveyor listed as being in
responsible charge on the certificate of authorization to provide such notification.
d) Any corporation or limited liability company that offers or renders engineering and land
surveying services without a Certificate of Authorization or with a lapsed Certificate of
Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This
subsection shall not apply to a professional service corporation established pursuant to
the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq. "
It's a shame they couldn't use more words.....you know to make it a bit longer.....
That's what I'd like to know. I'm pretty sure AECOM works in Virginia.
"I'm pretty sure AECOM works in Virginia"
I'm 100% sure because I was on a conference call with their engineers yesterday for transit project we're both working on.
John Hamilton, post: 342146, member: 640 wrote: I know this probably varies by state, but is the principal(s) of a survey firm required to be licensed? All of them (if more than one)? one of them? or just have an LS on staff?
Typically speaking for firms with headquarters in California... if it is a Sole Proprietor, it must be a licensee. If a Partnership, at least one of the partners must be licensed. If a Corporation, at least one of the Officers (not just a Director) must be licensed. If a LLP (LLC's are not allowed), at least one of the partnering companies must satisfy one of the previous conditions. In all cases, the licensee in responsible charge must actively demonstrating multiple charge.
John Hamilton, post: 342211, member: 640 wrote: I found this document for engineers and architects...could not find anything mentioning surveyors...
50 states firm licensure requirements
for PA:
No business entity may practice
engineering, or use the words ÛÏengineerÛ
or ÛÏengineeringÛ in its name, ÛÏunless the
directing heads and employees of such
firm or corporation in responsible charge
of its activities in the practice of such
profession are licensed and registered in
conformity with the requirements of this
act, and whose name, seal and signature,
along with the date of signature, [are]
stamped on all plans, specifications, plats
and reports issued by such firm or
corporation.Û In other words, to practice
engineering as a business entity, all
individual ÛÏdirecting headsÛ and practicing
employees must be licensed engineers in
the state of Pennsylvania. Further, all
ÛÏdirecting headsÛ and practicing
employees must follow the seal
requirements. 63 Pa. Const. Stat. å¤ 153.
The information in that attachment listed for California is not entirely accurate and should be revised by the author.
Professional Corporation Information Sheet (pdf)
"Foreign professional corporation bylaws must state that the corporationÛªs activities in Virginia shall be limited to rendering the services of architect, professional engineer, land surveyor (including surveyor photogrammetrist), landscape architect and certified interior designer, or any combination thereof. Foreign corporations are not required to comply with the provisions of 18 VAC 10-20-530.C.2 of the Board regulations."
Later in the document, "foreign" is defined as out-of-state.
Going to the actual regs: (pdf)
"18VAC10-20-550. Foreign corporations.
The bylaws shall state that the corporation's activities in Virginia shall be limited to
rendering the services of architects, professional engineers, land surveyors, landscape
architects and certified interior designers, or any combination thereof. A foreign
corporation must meet every requirement of this chapter except the requirement that 2/3 of
its stockholders be licensed or certified to perform the professional service in Virginia.
The corporation shall provide the name, address, and Virginia license or certificate number
of each stockholder or employee of the corporation who will be providing the professional
service(s) in Virginia."
