2005 Legislation
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HOUSE BILL NO. 135 – Buildings, architectural services


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Bill Status

H0135...........................................................by BUSINESS
BUILDINGS - ARCHITECTURAL SERVICES - Amends existing law to revise an
exemption applicable to the rendering of architectural services for certain
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Bus
03/04    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      NAYS -- McKague
      Absent and excused -- Bradford
    Floor Sponsor - Miller
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Com/HuRes
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Coiner
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 266
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 135
                                   BY BUSINESS COMMITTEE
  1                                        AN ACT
  4        TAIN BUILDINGS.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 54-309, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  8        54-309.  DEFINITIONS  -- LIMITATION ON APPLICATION. (1) Within the meaning
  9    and intent of this chapter, the following words shall be defined as follows:
 10        (a)  "Architect" means a person who engages in the practice  of  architec-
 11        ture as herein defined, and is licensed under the provisions of this chap-
 12        ter.
 13        (b)  "Building"  is  an  enclosure including improvements related thereto,
 14        which has as its principal purpose the adaptation of space for  occupancy,
 15        or habitation by human beings.
 16        (c)  "Practice  of  architecture"  consists of rendering or offering those
 17        services hereinafter described, in connection with the  design,  construc-
 18        tion,  enlargement,  or  alteration of a building or a group of buildings.
 19        The services covered within this definition  include  architectural  plan-
 20        ning,  advice  and  consultation; providing preliminary studies; architec-
 21        tural designs, drawings and specifications;  technical  submissions;  and,
 22        administration of construction contracts.
 23        (d)  "Technical  submissions" involving the practice of architecture, con-
 24        sist of designs, drawings, specifications,  studies  and  other  technical
 25        reports prepared in the course of practicing architecture.
 26        (2)  Nothing  contained in this chapter shall be held or construed to have
 27    any application to, or to prevent or affect the following:
 28        (a)  The practice of engineering or any  other  profession  or  trade  for
 29        which  a  license is required under any law of this state, or the practice
 30        of consultants, officers, and employees of the United States while engaged
 31        solely in the practice of architecture for said government.
 32        (b)  Draftsmen, students, clerks of  work,  project  representatives,  and
 33        others  working  under  the  supervision  of  those lawfully practicing as
 34        architects under the provisions of this  chapter  from  acting  under  the
 35        instruction,  control,  or supervision of their supervisors, or to prevent
 36        the employment of clerks of work or inspectors of buildings  paid  by  the
 37        owners from acting, if under the control or direction of a licensed archi-
 38        tect who has prepared the drawings and specifications for the building.
 39        (c)  The  rendering of any architectural service required in the erection,
 40        enlargement, alteration, or repair of any building, where such building is
 41        to be, or is used as a single or multiple family residence  not  exceeding
 42        three  (3)  units  or two (2) stories in height, or as a farm building; or
 43        for the purpose of outbuildings or auxiliary buildings in connection  with
  1        such residential or farm premises.
  2        (d)  The  rendering of any architectural service required in the erection,
  3        enlargement, alteration, or repair of any building which does not  involve
  4        the public health or safety.
  5        (e)  The preparation of shop drawings by persons other than architects for
  6        use  in connection with the execution of their work; or the preparation of
  7        drawings  of fixtures, or other appliances or equipment, or for  any  work
  8        necessary to provide for their installation.
  9        (f)  Expert consultation rendered to an architect by a consultant, whether
 10        licensed  or not, employed by the architect to consult, advise, and assist
 11        as long as the architect approves,  adopts  and  is  responsible  for  the
 12        results of such consultation, advice and assistance.
 13        (g)  An  intern  working  under  the  supervision of a licensed architect,
 14        including the use of the title "architectural intern," as  may  be  estab-
 15        lished and limited by board rule.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE

                            RS 14413

Amend section 54-309(2)(c), Idaho Code, to change the definition
for the exemption.  Single and multiple family dwellings designed
by unlicensed individuals will be limited to three (3) units, a
standard set by the International Building Code.  The Board of
Architectural Examiners felt this was necessary in order to protect
the health, safety and welfare of the public 

                         FISCAL  IMPACT

There is no fiscal impact on general or dedicated funds.

Name:     Cherie Simpson
Agency:   Occupational License, Bureau
Phone:    334-3233

Statement of Purpose/Fiscal Impact                  H 135