2006 Code of Virginia § 54.1-406 - License required

54.1-406. License required.

A. Unless exempted by 54.1-401, 54.1-402, or 54.1-402.1, a person shallhold a valid license prior to engaging in the practice of architecture orengineering which includes design, consultation, evaluation or analysis andinvolves proposed or existing improvements to real property.

Unless exempted by 54.1-401, 54.1-402, or 54.1-402.1, a person shall hold avalid license prior to engaging in the practice of land surveying.

B. Unless exempted by 54.1-402, any person, partnership, corporation orother entity offering to practice architecture, engineering, or landsurveying without being registered or licensed in accordance with theprovisions of this chapter, shall be subject to the provisions of 54.1-111of this title.

C. Any person, partnership, corporation or other entity which is not licensedor registered to practice in accordance with this chapter and whichadvertises or promotes through the use of the words "architecture,""engineering" or "land surveying" or any modification or derivativethereof in its name or description of its business activity in a manner thatindicates or implies that it practices or offers to practice architecture,engineering or land surveying as defined in this chapter shall be subject tothe provisions of 54.1-111.

D. Notwithstanding these provisions, any state agency or politicalsubdivision of the Commonwealth unable to employ a qualified licensedengineer, architect, or land surveyor to fill a responsible charge position,after reasonable and unsuccessful search, may fill the position with anunlicensed person upon the determination by the chief administrative officerof the agency or political subdivision that the person, by virtue ofeducation, experience, and expertise, can perform the work required of theposition.

E. Through June 30, 2002, any full-time, salaried employee of theCommonwealth or any political subdivision of the Commonwealth on June 30,1992, who has graduated from an engineering, engineering technology, orrelated science curriculum of four years or more, and who has acquired aspecific record of thirty years or more of approved progressive professionalexperience on engineering projects of a grade and character which the Boardjudges to be pertinent to acquiring professional skills, demonstrating thatthe individual is eminently qualified to practice engineering, shall qualifyfor an oral examination for licensure in accordance with the rules andregulations of the Board as adopted May 17, 1990.

F. Notwithstanding the provisions of this section, a contractor who islicensed pursuant to the provisions of Chapter 11 ( 54.1-1100 et seq.) ofthis title shall not be required to be licensed or registered to practice inaccordance with this chapter when bidding upon or negotiating design-buildcontracts or performing services other than architectural, engineering orland surveying services under a design-build contract. The architectural,engineering or land surveying services offered or rendered in connection withsuch contracts shall only be rendered by an architect, professional engineeror land surveyor licensed in accordance with this chapter.

(1979, c. 408, 54-26.1; 1982, c. 590; 1984, c. 470; 1988, c. 765; 1992, cc.780, 783; 1994, c. 784; 1996, c. 329; 2004, c. 191; 2005, cc. 359, 440.)