HOUSE BILL NO. 32

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H0032........................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
ARCHITECTS - Amends existing law relating to architects to provide for the
use of an electronically applied seal; to provide that the date and
architect's seal and signature are required only on the title page of
certain documents; to provide that electronically produced documents
distributed for informational uses may be issued with only the architect's
seal if certain conditions are met; and to provide for the use of the term
"architectural intern."
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Bus
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 69-0-1
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Moss
    Floor Sponsor -- Chase
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to St Aff
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Danielson
    Title apvd - to House
03/20    To enrol
03/21    Rpt enrol - Sp signed
    Pres signed
03/22    To Governor
03/22    Governor signed
         Session Law Chapter 88
         Effective: 07/01/01

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 32
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF ARCHITECTURAL  EXAMINERS;  AMENDING  SECTION  54-308,
  3        IDAHO  CODE,  TO PROVIDE FOR THE USE OF AN ELECTRONICALLY APPLIED SEAL, TO
  4        PROVIDE THAT THE DATE AND ARCHITECT'S SEAL AND SIGNATURE ARE REQUIRED ONLY
  5        ON THE TITLE PAGE OF CERTAIN DOCUMENTS,  TO  PROVIDE  THAT  ELECTRONICALLY
  6        PRODUCED  DOCUMENTS  DISTRIBUTED FOR INFORMATIONAL USES MAY BE ISSUED WITH
  7        ONLY THE ARCHITECT'S SEAL UNDER CERTAIN CONDITIONS AND TO  MAKE  TECHNICAL
  8        CORRECTIONS;  AND  AMENDING SECTION 54-309, IDAHO CODE, TO PROVIDE FOR THE
  9        USE OF THE TERM "ARCHITECTURAL INTERN" AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 54-308, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        54-308.  LICENSED  ARCHITECT'S  SEAL.  (1.) Every licensed architect shall
 14    have a seal, the impression of which must contain the name and Idaho architect
 15    license number of the architect and the words "licensed architect" and  "state
 16    of  Idaho," with which he shall seal all technical submissions issued from his
 17    office.
 18        (2.)  The seal may be a rubber stamp or an  electronically  applied  seal.
 19    Whenever the seal is applied to a technical submission, the original signature
 20    of  the  architect and the date thereof shall be written adjacent to or across
 21    the seal.  Facsimile signatures shall not be utilized. The signature and  seal
 22    shall  appear  on  all technical submissions prepared by the architect or pre-
 23    pared under his direction and personal supervision, and the original signature
 24    and seal may be placed on original submissions or on prints or copies of orig-
 25    inal submissions, at the option of the  architect.  Only  the  title  page  of
 26    reports, specifications and like documents must bear the date and the seal and
 27    signature of the architect.  Electronically produced documents distributed for
 28    informational  uses, such as for bidding purposes or as working copies, may be
 29    issued with only the architect's seal if:
 30        (a)  The copy includes a notice that the original document is on file with
 31        the date and architect's signature;
 32        (b)  The words "original signed by" and "date original signed" are  placed
 33        adjacent to or across the seal on the electronic document; and
 34        (c)  The storage location of the original document is identified.
 35    The design and use of the seal shall be as required by board rule.
 36        (3.)  Technical  submissions  involving the practice of architecture which
 37    are submitted to any public or governmental agency for the purpose of  obtain-
 38    ing  a building permit which are not clearly identified by the affixed seal of
 39    the architect and the original signature of the  architect  and  date  thereof
 40    shall  be  deemed  unacceptable  submissions for the purpose of obtaining such
 41    building permit.
                                                                        
 42        SECTION 2.  That Section 54-309, Idaho Code, be, and the  same  is  hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        54-309.  DEFINITIONS -- LIMITATION ON APPLICATION. (1.) Within the meaning
  3    and intent of this chapter, the following words shall be defined as follows:
  4        (a.)  "Architect"  means a person who engages in the practice of architec-
  5        ture as herein defined, and is licensed under the provisions of this chap-
  6        ter.
  7        (b.)  "Building" is an enclosure including improvements  related  thereto,
  8        which  has as its principal purpose the adaptation of space for occupancy,
  9        or habitation by human beings.
 10        (c.)  "Practice of architecture" consists of rendering or  offering  those
 11        services  hereinafter  described, in connection with the design, construc-
 12        tion, enlargement, or alteration of a building or a  group  of  buildings.
 13        The  services  covered  within this definition include architectural plan-
 14        ning, advice and consultation; providing  preliminary  studies;  architec-
 15        tural  designs,  drawings  and specifications; technical submissions; and,
 16        administration of construction contracts.
 17        (d.)  "Technical submissions" involving the practice of architecture, con-
 18        sist of designs, drawings, specifications,  studies  and  other  technical
 19        reports prepared in the course of practicing architecture.
 20        (2.)  Nothing contained in this chapter shall be held or construed to have
 21    any application to, or to prevent or affect the following:
 22        (a.)  The  practice  of  engineering  or any other profession or trade for
 23        which a license is required under any law of this state, or  the  practice
 24        of consultants, officers, and employees of the United States while engaged
 25        solely in the practice of architecture for said government.
 26        (b.)  Draftsmen,  students,  clerks  of work, project representatives, and
 27        others working under the  supervision  of  those  lawfully  practicing  as
 28        architects  under  the  provisions  of  this chapter from acting under the
 29        instruction, control, or supervision of their supervisors, or  to  prevent
 30        the  employment  of  clerks of work or inspectors of buildings paid by the
 31        owners from acting, if under the control or direction of a licensed archi-
 32        tect who has prepared the drawings and specifications for the building.
 33        (c.)  The rendering of any architectural service required in the erection,
 34        enlargement, alteration, or repair of any building, where such building is
 35        to be, or is used as a single or multiple family residence  not  exceeding
 36        two  (2)  stories  in height, or as a farm building; or for the purpose of
 37        outbuildings or auxiliary buildings in connection with such residential or
 38        farm premises.
 39        (d.)  The rendering of any architectural service required in the erection,
 40        enlargement, alteration, or repair of any building which does not  involve
 41        the public health or safety.
 42        (e.)  The  preparation  of  shop drawings by persons other than architects
 43        for use in connection with the execution of their work; or the preparation
 44        of drawings of fixtures, or other appliances or equipment, or for any work
 45        necessary to provide for their installation.
 46        (f.)  Expert consultation  rendered  to  an  architect  by  a  consultant,
 47        whether licensed or not, employed by the architect to consult, advise, and
 48        assist  as  long  as the architect approves, adopts and is responsible for
 49        the results of such consultation, advice and assistance.
 50        (g)  An intern working under the  supervision  of  a  licensed  architect,
 51        including  the  use  of the title "architectural intern," as may be estab-
 52        lished and limited by board rule.

Statement of Purpose / Fiscal Impact


             STATEMENT OF PURPOSE
                  RS 10500

Idaho law requires that all documents prepared by an architect 
must bear the original seal and signature of the architect. 
This change would allow the transmittal of electronic documents 
bearing an electronic seal, signature, and date signed, providing 
the original electronic documents with seal, signature and date 
are maintained by the architect.

Idaho law prohibits the use of the term "architect" by anyone not 
licensed as an architect. This change would exempt an architect 
intern from this prohibition when using the term "architectural 
intern."

                FISCAL IMPACT
There is no fiscal impact to the general fund or dedicated funds.

CONTACT
Name: Thomas E. Limbaugh
Agency: Bureau of Occupational Licenses, Architect Board
Phone: 334-3233

Statement of Purpose/Fiscal Impact            Bill No.  H32