326.02 LICENSURE OR CERTIFICATION.
Subdivision 1. Licensure or certification mandatory.
In order to safeguard life, health,
and property, and to promote the public welfare, any person in either public or private capacity
practicing, or offering to practice, architecture, professional engineering, land surveying,
landscape architecture, or professional geoscience, or using the title certified interior designer in
this state, either as an individual, a copartner, or as agent of another, shall be licensed or certified
as hereinafter provided. It shall be unlawful for any person to practice, or to offer to practice,
in this state, architecture, professional engineering, land surveying, landscape architecture, or
professional geoscience, or to use the title certified interior designer, or to solicit or to contract
to furnish work within the terms of sections
, or to use in connection with the
person's name, or to otherwise assume, use or advertise any title or description tending to convey
the impression that the person is an architect, professional engineer (hereinafter called engineer),
land surveyor, landscape architect, professional geoscientist (hereinafter called geoscientist), or
certified interior designer, unless such person is qualified by licensure or certification under
. This subdivision does not preclude an individual who retired from
one of the professions listed in this subdivision from using the designation architect, professional
engineer, land surveyor, landscape architect, professional geoscientist, or certified interior
designer as long as the designation is preceded by the word "retired" and the individual was
licensed or certified in the designated profession in the state of Minnesota on the date the
individual retired from the designated profession and the individual's license or certification was
not subsequently revoked by the Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design.
Subd. 2. Practice of architecture.
Any person shall be deemed to be practicing architecture,
within the meaning of sections
, who holds out as being able to perform or who
does perform any professional service, such as planning, design, or supervision of construction for
the purpose of assuring compliance with specifications and design, in connection with any private
or public buildings, structures or projects, or the equipment or utilities thereof, or the accessories
thereto, wherein the safeguarding of life, health, or property is concerned or involved, when such
professional service requires the application of the art and science of construction based upon the
principles of mathematics, aesthetics, and the physical sciences, acquired by education or training,
and by experience. For the purposes of this subdivision "supervision" is a professional service as
distinguished from superintending of construction and means the performance or the supervision
thereof, of reasonable and ordinary on the site observations to determine that the construction is in
substantial compliance with the approved drawings, plans and specifications.
Subd. 3. Practice of professional engineering.
Any person shall be deemed to be practicing
professional engineering within the meaning of sections
who holds out as
being able to perform or who does perform any technical professional service, such as planning,
design or observation of construction for the purpose of assuring compliance with specifications
and design, in connection with any public or private structures, buildings, utilities, machines,
equipment, processes, works, or projects wherein the public welfare or the safeguarding of
life, health, or property is concerned or involved, when such professional service requires the
application of the principles of mathematics and the physical and applied engineering sciences,
acquired by education or training, and by experience.
Subd. 3a. Practice of professional geoscience.
A person is considered to be practicing
professional geoscience within the meaning of sections
who holds out as
being able to perform or who does perform any technical professional services, the adequate
performance of which requires professional geoscience education, training, and experience in the
application of special knowledge of the mathematical, physical, chemical, biological, and earth
sciences to such services or creative work as consultation, investigation, evaluation, planning,
mapping, and inspection of geoscientific work and its responsible supervision.
A person is considered to practice or offer to practice professional geoscience, within the
meaning and intent of sections
who practices any of the geoscience disciplines
defined by the board; who by verbal claim, sign, advertisement, letterhead, card, or in any other
way represents oneself to be a professional geoscientist; through the use of some other title
implies that the person is a professional geoscientist; or who presents oneself as able to perform
or who does perform any geoscience services or that constitutes the practice of a professional
geoscience discipline as defined by the board.
"Geoscience" means the science which includes treatment of the earth and its origin and
history; the investigation, measurement or sampling, of the earth's constituent rocks, natural and
induced fields of force, minerals, fossils, solids, soils, fluids including surface and underground
waters, gases, and other materials; and the study, interpretation, and analysis of the natural agents,
forces, and processes which cause changes in the earth.
Nothing in this subdivision shall be construed to prevent a professional engineer, as defined
, from acquiring engineering data involving soil, rock, groundwater,
and other earth materials; evaluating physical and chemical properties of soil, rock, groundwater,
and other earth materials for engineering; and from utilizing these data for analysis, design, and
construction. Nothing in this subdivision shall be construed to permit a professional geoscientist
to engage in the practice of professional engineering, architecture, landscape architecture, or land
surveying or to use the title "certified interior design" as those terms are defined in this section.
Nothing in this subdivision shall be construed to regulate persons who take soil samples for the
purpose of providing recommendations on crop production.
Subd. 4. Practice of land surveying.
Land surveying means the application of the principles
of mathematics, physical and applied sciences and law to measuring and locating lines, angles,
elevations and natural or artificial features in the air, on the surface of the earth, underground and
on the beds of bodies of water for the purpose of:
(1) monumenting property boundaries;
(2) planning, designing, and platting of land and subdivisions including the topography,
alignment and grades of streets; and
(3) preparing and perpetuating maps, record plats and property descriptions.
Any person who offers to perform, holds out as being able to perform, or who does perform
land surveying for others shall be practicing land surveying.
Nothing contained in the provisions of sections
, shall prohibit a licensed
professional engineer, architect, landscape architect, or professional geoscientist from doing
any work included in the practice of engineering, architecture, landscape architecture, and
professional geoscience, if the work does not involve the establishment or reestablishment of
property corners or property lines.
Subd. 4a. Practice of landscape architecture.
Any person shall be deemed to be practicing
landscape architecture, within the meaning of sections
, who holds out as
being able to perform or who does perform any professional service in connection with the
development of land areas where the dominant purpose of the service is the preservation,
enhancement or determination of proper land uses, natural land features, ground cover and
planting, naturalistic and aesthetic values, the settings, approaches or environment for structures
or other improvements, and the consideration and determination of inherent problems of the land
relating to erosion, wear and tear, blight and hazards. This practice shall include the location and
arrangement of tangible objects and features incidental and necessary to the purposes outlined but
shall not include the design of structures or facilities with separate and self-contained purposes as
ordinarily included in the practice of engineering or architecture or the preparation of boundary
surveys or final land plats, as ordinarily included in the practice of land surveying.
Nothing contained in sections
concerning landscape architects shall be
(1) to apply to a professional engineer duly registered under the laws of this state;
(2) to apply to an architect registered under the laws of this state;
(3) to apply to a land surveyor registered under the laws of this state;
(4) to prevent a registered architect or professional engineer from doing landscape planning
(5) to exclude nursery operators or other small business people from the preparation of
landscape plans appropriate to the normal operation of their business;
(6) to authorize a landscape architect to engage in the practice of architecture, engineering,
land surveying, or geoscience.
No person shall use the designation landscape architect or any title or device indicating or
representing that the person is a landscape architect or is practicing landscape architecture unless
the person is registered under the provisions of sections
Subd. 4b. Certified interior designer.
(a) For the purposes of sections
"certified interior designer" means a person who is certified under section
, to use the
title certified interior designer and who provides services in connection with the design of
public interior spaces, including preparation of documents relative to non-load-bearing interior
construction, space planning, finish materials, and furnishings.
(b) No person may use the title certified interior designer unless that person has been
certified as an interior designer or has been exempted by the board. Registered architects may be
certified without additional testing. Persons represent themselves to the public as certified interior
designers if they use a title that incorporates the words certified interior designer.
(c) Nothing in this section prohibits the use of the title interior designer or the term interior
design by persons not certified by the board.
(d) Nothing in this section restricts persons not certified by the board from providing interior
design services and from saying that they provide such services, as long as they do not use the
title certified interior designer.
(e) Nothing in this section authorizes certified interior designers to engage in the practice of
architecture as defined in subdivision 2 or the practice of engineering as defined in subdivision 3.
Subd. 5. Limitation.
The provisions of sections
shall not apply to the
preparation of plans and specifications for the erection, enlargement, or alteration of any building
or other structure by any person, for that person's exclusive occupancy or use, unless such
occupancy or use involves the public health or safety or the health or safety of the employees
of said person, or of the buildings listed in section
326.03, subdivision 2
, nor to any detailed or
shop plans required to be furnished by a contractor to a registered engineer, landscape architect,
architect, or certified interior designer, nor to any standardized manufactured product, nor to any
construction superintendent supervising the execution of work designed by an architect, landscape
architect, engineer, or certified interior designer licensed or certified in accordance with section
, nor to the planning for and supervision of the construction and installation of work by an
electrical contractor or master plumber as defined in and licensed pursuant to this chapter, where
such work is within the scope of such licensed activity and not within the practice of professional
engineering, or architecture, or where the person does not claim to be a certified interior designer
as defined in subdivision 2, 3, or 4b.
History: (5697-1) 1921 c 523 s 1; 1933 c 404 s 1; 1945 c 380 s 1; Ex1967 c 28 s 1; 1971 c
22 s 1-3; 1973 c 245 s 1; 1975 c 329 s 1-3; 1979 c 209 s 1; 1Sp1981 c 4 art 1 s 25-29; 1986 c
444; 1992 c 507 s 3-5; 1995 c 206 s 4-7; 2002 c 239 s 1