Print Friendly HOUSE BILL NO. 539 – Architect, technical submissions
HOUSE BILL NO. 539
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ARCHITECTS - Amends existing law relating to architects to revise the
conduct of examinations; to provide for responsible control; to set forth
when an architect may sign and seal technical submissions and other work;
to require that certain technical submissions be maintained and made
available to the Board of Architectural Examiners upon request; to define
terms; to permit the use of the title "architect" in certain circumstances;
and to prohibit persons from aiding or abetting others in the unlicensed
practice of architecture.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Bus
02/24 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch,
Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Black, Lake, Ring, Shirley, Mr. Speaker
Floor Sponsor - Cannon
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Com/HuRes
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner,
Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw, Pearce, Sweet
Floor Sponsor - Compton
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 127
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 539
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO ARCHITECTS; AMENDING SECTION 54-303, IDAHO CODE, TO REVISE THE
3 CONDUCT OF EXAMINATIONS; AMENDING SECTION 54-305, IDAHO CODE, TO PROVIDE
4 FOR RESPONSIBLE CONTROL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
5 TION 54-307, IDAHO CODE, TO PROVIDE FOR RESPONSIBLE CONTROL AND TO MAKE
6 TECHNICAL CORRECTIONS; AMENDING SECTION 54-308, IDAHO CODE, TO SET FORTH
7 WHEN AN ARCHITECT MAY SIGN AND SEAL TECHNICAL SUBMISSIONS AND OTHER WORK
8 AND TO REQUIRE THAT CERTAIN TECHNICAL SUBMISSIONS BE MAINTAINED AND MADE
9 AVAILABLE TO THE BOARD UPON REQUEST; AMENDING SECTION 54-309, IDAHO CODE,
10 TO DEFINE TERMS AND TO PERMIT THE USE OF THE TITLE "ARCHITECT" IN CERTAIN
11 CIRCUMSTANCES; AND AMENDING SECTION 54-310, IDAHO CODE, TO PROHIBIT PER-
12 SONS FROM AIDING OR ABETTING OTHERS IN THE UNLICENSED PRACTICE OF ARCHI-
13 TECTURE IN THIS STATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 54-303, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 54-303. REGULAR EXAMINATIONS. The bureau of occupational licenses shall
18 hold each year at least one (1) facilitate examinations for a license to
19 practice architecture, if there be any such applicants. The examinations shall
20 be conducted by the board of architectural examiners under fair and wholly
21 impartial methods and subject to such rules as the board may establish to test
22 the applicant's qualifications in all branches of the professional practice of
23 architecture with special reference to the structural stability of buildings
24 and the protection of life, health, and property. The board may adopt, by
25 rule, the examinations and recommended grading procedures of the national
26 council of architectural registration boards.
27 SECTION 2. That Section 54-305, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 54-305. GROUNDS FOR DISCIPLINE -- JUDICIAL REVIEW -- PENALTIES -- SUBSE-
30 QUENT LICENSE. (1 .) The board may refuse to grant, or may temporarily suspend
31 or otherwise restrict a license to practice architecture in this state for a
32 period not to exceed two (2) years, or may revoke a license, upon any one (1)
33 of the following grounds:
34 (a .) The employment of any fraud or deception in applying for a license
35 or in passing the examination required under this chapter.
36 (b .) The employment of a fraud or deceit in the practice of his profes-
37 sion or procuring any contract in the practice of his profession by fraud-
38 ulent means.
39 (c .) A display of incompetency or recklessness in the practice of archi-
40 tecture resulting in a detriment to life, health, or public safety.
41 (d .) The conviction, finding of guilt, receipt of a withheld judgment or
1 suspended sentence in this or any other state for a felony or a misde-
2 meanor, which misdemeanor involved a violation of the provisions of this
3 act, a willful violation of state or local building codes, or a violation
4 of other laws relating to public health and safety and which were commit-
5 ted in the course of practicing architecture.
6 (e .) Affixing of his signature to, or impressing his seal upon, any
7 plans, drawings, specifications, or other instruments of service which
8 have not been prepared by him, or under his immediate and responsible
9 direction control, or has permitted his name to be used for the purpose of
10 assisting any person, not a licensed architect, to evade the provisions of
11 this chapter.
12 (f .) Receiving of rebates, commissions, grants of money or other favors
13 in connection with the work, without the knowledge of the party for whom
14 he is working, or having a pecuniary interest in the performance of the
15 contract for the work designed, planned or supervised by him without the
16 knowledge and consent of the owner.
17 (g .) Practicing architecture contrary to the provisions and requirements
18 of this chapter.
19 (h .) Violation of rules of conduct for architects which the board may
20 adopt in accordance with guidelines published by the national council of
21 architectural registration boards.
22 (i .) Practicing architecture without being licensed, in violation of
23 licensing laws of the jurisdiction in which the practice took place.
24 (2 .) Before any license shall be revoked or suspended, or the issuance
25 thereof denied under subsection 3 of section 54-302A, Idaho Code, the holder
26 or applicant shall be entitled to at least twenty (20) days' notice in writing
27 of the nature of the charge against him and of the time and place of the hear-
28 ing before the board for the purpose of hearing and determining such charge.
29 The proceedings shall be governed by the provisions of chapter 52, title 67,
30 Idaho Code. Any revocation or suspension of license shall be certified in
31 writing by the said board and attested to with the official seal of said board
32 affixed thereto; and such revocation or suspension of license shall be filed
33 in the office of the bureau of occupational licenses.
34 (3 .) Any person aggrieved by the action of the board is entitled to judi-
35 cial review thereof in accordance with the provisions of chapter 52, title 67,
36 Idaho Code.
37 (4 .) Upon the finding of the existence of grounds for discipline of any
38 person holding a license, seeking a license, or renewing a license under the
39 provisions of this chapter, the board may impose one (1) or more of the fol-
40 lowing penalties:
41 (a .) Suspension of the offender's license for a term to be determined by
42 the board;
43 (b .) Revocation of the offender's license;
44 (c .) Restriction of the offender's license to prohibit the offender from
45 performing certain acts or from engaging in the practice of architecture
46 in a particular manner for a term to be determined by the board;
47 (d .) Refusal to renew the offender's license;
48 (e .) Placement of the offender on probation and supervision by the board
49 for a period to be determined by the board;
50 (f .) Imposition of an administrative fine not to exceed two thousand dol-
51 lars ($2,000).
52 (5 .) Any person whose license has been revoked, suspended or the issuance
53 of which has been denied by said board for cause and the order denying, revok-
54 ing or suspending the same not having been revoked by a court of competent
55 jurisdiction, may apply for a reissuance, reinstatement or issuance of a
1 license and the board, for reasons it may deem sufficient, may reissue, rein-
2 state or issue the license to such person, provided, however, that it shall
3 not take such action until the expiration of one (1) year after the date of
4 such order.
5 SECTION 3. That Section 54-307, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-307. LICENSE IS INDIVIDUAL -- FIRM NAME. (1 .) Every person practicing
8 or offering to practice architecture as herein defined, and not otherwise
9 excepted, shall have a separate license under his own name. A license shall
10 not be issued in the name of any firm or corporation.
11 (2 .) The holder of a license shall not maintain, in the practice of
12 architecture, any person who does not hold a license to practice architecture
13 in this state, unless such unlicensed person works under the immediate and
14 personal direction and supervision responsible control of his licensed super-
15 visor. who shall regularly and customarily attend his business in the same
17 (3 .) All architects practicing architecture as individuals, all existing
18 firms and all firms organized and formed henceforth, or when any change in the
19 personnel of the firm occurs, whether by withdrawal, addition, resignation or
20 death, or upon a change in the firm name, shall make and file with the bureau
21 of occupational licenses, a sworn statement giving the names and addresses of
22 all its present members and the name under which the firm is practicing archi-
23 tecture. Nothing in this section shall prevent the surviving members of a
24 partnership, professional association or professional corporation, from con-
25 tinuing the existing firm name as long as the practice and business is contin-
26 ued under the existing firm name without change.
27 SECTION 4. That Section 54-308, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 54-308. LICENSED ARCHITECT'S SEAL. (1) Every licensed architect shall
30 have a seal, the impression of which must contain the name and Idaho architect
31 license number of the architect and the words "licensed architect" and "state
32 of Idaho," with which he shall seal all technical submissions issued from his
34 (2) The seal may be a rubber stamp or an electronically applied seal.
35 Whenever the seal is applied to a technical submission, the original signature
36 of the architect and the date thereof shall be written adjacent to or across
37 the seal. Facsimile signatures shall not be utilized. The signature and seal
38 shall appear on all technical submissions prepared by the architect or pre-
39 pared under his direction and personal supervision, and the original signature
40 and seal may be placed on original submissions or on prints or copies of orig-
41 inal submissions, at the option of the architect. Only the title page of
42 reports, specifications and like documents must bear the date and the seal and
43 signature of the architect. Electronically produced documents distributed for
44 informational uses, such as for bidding purposes or as working copies, may be
45 issued with only the architect's seal if:
46 (a) The copy includes a notice that the original document is on file with
47 the date and architect's signature;
48 (b) The words "original signed by" and "date original signed" are placed
49 adjacent to or across the seal on the electronic document; and
50 (c) The storage location of the original document is identified.
51 The design and use of the seal shall be as required by board rule.
1 (3) Technical submissions involving the practice of architecture which
2 are submitted to any public or governmental agency for the purpose of obtain-
3 ing a building permit which are not clearly identified by the affixed seal of
4 the architect and the original signature of the architect and date thereof
5 shall be deemed unacceptable submissions for the purpose of obtaining such
6 building permit.
7 (4) An architect may sign and seal technical submissions only if the
8 technical submissions were:
9 (a) Prepared by the architect;
10 (b) Prepared by persons under the architect's responsible control;
11 (c) Prepared by another architect licensed in Idaho if the signing and
12 sealing architect has reviewed the other architect's work and either has
13 coordinated the preparation of the work or has integrated the work into
14 his or her own technical submissions; or
15 (d) Prepared by another architect licensed in any state and holding the
16 certification issued by the national council of architectural registration
17 boards if:
18 (i) The signing and sealing architect has reviewed the other
19 architect's work and has integrated the work into his or her own
20 technical submissions; and
21 (ii) The other architect's technical submissions are prototypical
22 building documents.
23 (5) An architect may sign and seal drawings, specifications or other work
24 that is not required to be prepared by an architect if the architect has
25 reviewed such work and has integrated it into his or her own technical
27 (6) Any licensed architect signing or sealing technical submissions not
28 prepared by that architect but prepared under the architect's responsible con-
29 trol by persons not regularly employed in the office where the architect is
30 resident shall maintain and make available to the board upon request, for at
31 least five (5) years following such signing and sealing, adequate and complete
32 records demonstrating the nature and extent of the architect's control over
33 and detailed knowledge of such technical submissions throughout their prepara-
34 tion. Any licensed architect signing or sealing technical submissions inte-
35 grating the work of another architect into the registered architect's own work
36 as permitted under subsection (4)(c) or (d) of this section shall maintain and
37 make available to the board upon request for at least five (5) years following
38 such signing and sealing adequate and complete records demonstrating the
39 nature and extent of the registered architect's review of and integration of
40 the work of such other architect's work into his or her own technical
41 submissions and that such review and integration met the required professional
42 standard of care.
43 SECTION 5. That Section 54-309, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-309. DEFINITIONS -- LIMITATION ON APPLICATION. (1) Within the meaning
46 and intent of this chapter, the following words shall be defined as follows:
47 (a) "Architect" means a person who engages in the practice of architec-
48 ture as herein defined, and is licensed under the provisions of this chap-
50 (b) "Building" is an enclosure including improvements related thereto,
51 which has as its principal purpose the adaptation of space for occupancy,
52 or habitation by human beings.
53 (c) "Practice of architecture" consists of rendering or offering those
1 services hereinafter described, in connection with the design, construc-
2 tion, enlargement, or alteration of a building or a group of buildings.
3 The services covered within this definition include architectural plan-
4 ning, advice and consultation; providing preliminary studies; architec-
5 tural designs, drawings and specifications; technical submissions; and,
6 administration of construction contracts.
7 (d) "Prototypical building" means any commercial building or space within
8 a commercial building that is intended to be constructed in multiple loca-
9 tions and that in fact has been constructed in multiple locations, and
10 which conveys an owner's intended uniform business program, plan or image.
11 (e) "Prototypical building documents" means technical submissions for
12 prototypical buildings that:
13 (i) Are prepared by or under the responsible control of an archi-
14 tect then licensed in any jurisdiction and holding the certification
15 issued by the national council of architectural registration boards;
16 (ii) Identify such architect together with the architect's license
17 number, jurisdiction or license and national council of registration
18 boards certification number; and
19 (iii) Are marked "Prototypical Design Documents Not For Construc-
20 tion." Prototypical building documents do not comprise a final, com-
21 prehensive set of design and construction documents because a
22 prototypical building also requires adaptations for local conditions
23 including site conditions and may require additional design as well.
24 (f) "Responsible control" means that amount of control over and detailed
25 knowledge of the content of technical submissions during their preparation
26 as is ordinarily exercised by registered architects applying the required
27 professional standard of care. Reviewing, or reviewing and correcting,
28 technical submissions after they have been prepared by others does not
29 constitute the exercise of responsible control because the reviewer has
30 neither control over nor detailed knowledge of the content of such
31 submissions throughout their preparation.
32 (g) "Technical submissions" involving the practice of architecture, con-
33 sist of designs, drawings, specifications, studies and other technical
34 reports prepared in the course of practicing architecture.
35 (2) Nothing contained in this chapter shall be held or construed to have
36 any application to, or to prevent or affect the following:
37 (a) The practice of engineering or any other profession or trade for
38 which a license is required under any law of this state, or the practice
39 of consultants, officers, and employees of the United States while engaged
40 solely in the practice of architecture for said government.
41 (b) Draftsmen, students, clerks of work, project representatives, and
42 others working under the supervision of those lawfully practicing as
43 architects under the provisions of this chapter from acting under the
44 instruction, control, or supervision of their supervisors, or to prevent
45 the employment of clerks of work or inspectors of buildings paid by the
46 owners from acting, if under the control or direction of a licensed archi-
47 tect who has prepared the drawings and specifications for the building.
48 (c) The rendering of any architectural service required in the erection,
49 enlargement, alteration, or repair of any building, where such building is
50 to be, or is used as a single or multiple family residence not exceeding
51 three (3) units or two (2) stories in height, or as a farm building; or
52 for the purpose of outbuildings or auxiliary buildings in connection with
53 such residential or farm premises.
54 (d) The rendering of any architectural service required in the erection,
55 enlargement, alteration, or repair of any building which does not involve
1 the public health or safety.
2 (e) The preparation of shop drawings by persons other than architects for
3 use in connection with the execution of their work; or the preparation of
4 drawings of fixtures, or other appliances or equipment, or for any work
5 necessary to provide for their installation.
6 (f) Expert consultation rendered to an architect by a consultant, whether
7 licensed or not, employed by the architect to consult, advise, and assist
8 as long as the architect approves, adopts and is responsible for the
9 results of such consultation, advice and assistance.
10 (g) An intern working under the supervision of a licensed architect,
11 including the use of the title "architectural intern," as may be estab-
12 lished and limited by board rule.
13 (h) The use of the title "architect" by a person previously licensed as
14 an architect in good standing whose license has lapsed based upon retire-
15 ment, to identify the person's profession but not for the purpose of prac-
16 ticing architecture.
17 (i) The use of the title "architect" in this state by a person licensed
18 as an architect and in good standing in another jurisdiction, to identify
19 the person's profession in circumstances that would not lead a reasonable
20 person to believe that the person using the title "architect" is offering
21 to perform any of the services within the practice of architecture in this
23 SECTION 6. That Section 54-310, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-310. VIOLATIONS AND PENALTIES. Any person, not otherwise exempted, who
26 shall practice , or offer to practice, or who shall aid and abet the unlicensed
27 practice of, architecture in this state, or who shall advertise as an archi-
28 tect or put forth any card, sign or other device which would lead the public
29 to believe that he is qualified to practice architecture, or through the use
30 of the word architect, architecture or architectural or some other title
31 implies that he is an architect, without first securing an architect's
32 license, as provided by this chapter, or who shall violate any of the provi-
33 sions of this chapter, shall be guilty of a misdemeanor, and upon conviction
34 thereof shall be fined in any sum not less than one hundred dollars ($100) nor
35 more than five hundred dollars ($500), or suffer imprisonment for a period not
36 exceeding three (3) months, or both.
37 The provisions of this section do not apply to the use of the term
38 "landscape architect" by persons licensed pursuant to chapter 30, title 54,
39 Idaho Code.
STATEMENT OF PURPOSE
Amend section 54-303, Idaho Code, changing examination dates
to be in compliance with the national examination scheduling;
Amend section 54-305, Idaho Code, to add language dealing with
responsible control for clarification; Amend section 54-307,
Idaho Code to change language from immediate direction to
responsible control for clarification; Amend 54-308, Idaho Code
to add criteria for signing and sealing technical submissions;
Amend 54-309, Idaho Code to add definitions for responsible
control, prototypical buildings and prototypical documents to
clarify the practice of architecture; Amend 54-310, Idaho Code to
add aiding and abetting unlicensed practice as a violation to
discourage unlicensed practice.
There is no fiscal impact on general or dedicated funds.
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
STATEMENT OF PURPOSE/FISCAL NOTE H 539