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
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
03/22 To Governor
03/22 Governor signed
Session Law Chapter 88
|||| 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
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
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-
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
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
There is no fiscal impact to the general fund or dedicated funds.
Name: Thomas E. Limbaugh
Agency: Bureau of Occupational Licenses, Architect Board
Statement of Purpose/Fiscal Impact Bill No. H32