2006 Legislation
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HOUSE BILL NO. 539 – Architect, technical submissions


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Bill Status

H0539...........................................................by BUSINESS
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
         Effective: 07/01/06

Bill Text

  ]]]]              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
 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:
 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
 16    quarters.
 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
 33    office.
 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
 26    submissions.
 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-
 49        ter.
 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
 22        state.
 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 / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 15375

     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.

                          FISCAL NOTE

     There is no fiscal impact on general or dedicated funds.

Name:     Rayola Jacobsen
Agency:   Occupational License, Bureau
Phone:    334-3233

STATEMENT OF PURPOSE/FISCAL NOTE                              H 539