Chapter 406

2005 -- H 6000 AS AMENDED

Enacted 07/19/05

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS

     

     Introduced By: Representative John J. McCauley

     Date Introduced: March 01, 2005

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 5-1-2, 5-1-3, 5-1-5, 5-1-6, 5-1-7, 5-1-8, 5-1-12, 5-1-13, 5-1-13.1,

5-1-14 and 5-1-15.1 of the General Laws in Chapter 5-1 entitled "Architects" are hereby amended

to read as follows:

 

     5-1-2. Definitions. -- The following definitions apply in the interpretation of the

provisions of this chapter, unless the context requires another meaning:

      (1) "Architect" means any person who engages in the practice of architecture, as that

term is defined in this section as attested by his or her licensing as an architect in this state.

      (2) "Board" means the board of examination and registration of architects established by

this chapter.

      (3) "Certificate" means the certificate of registration issued annually by the board,

indicating that the individual named in the certificate is an architect.

      (4) "Certificate of authorization" means the certificate of authorization issued by the

board, indicating the sole proprietor, partnership, limited liability partnership, corporation, or

limited liability company named in the certificate is permitted to practice architecture in the state.

      (5) "Practice of architecture" means rendering or offering to render those services,

described as follows:

      (i) Rendering or offering to render services in connection with the design and

construction, enlargement or alteration of a building or group of buildings and the space within

and surrounding the buildings, which have as their principal purpose human occupancy or

habitation;

      (ii) The services referred to in this section include, but are not limited to, planning,

providing preliminary studies, designs, drawings, specifications, and other technical submissions,

the administration of construction contracts and the coordination of any elements of technical

submissions prepared by others including, as appropriate and without limitation, consulting

engineers and landscape architects;

      (iii) The practice of architecture does not include the practice of engineering as defined

in section 5-8-2(f)(1), but a registered architect may perform any engineering work that is

incidental to the practice of architecture.

     (6) "Responsible control" means that amount of control over and detailed knowledge of

the content of technical submissions during their preparations as is ordinarily exercised by

registered architects applying the required professional standard of care. Reviewing, or reviewing

and correcting, technical submissions after they have been prepared by others does not constitute

the exercise of responsible control because the reviewer has neither control over nor detailed

professional knowledge of the content of such submissions throughout their preparation.

 

     5-1-3. Board -- Membership -- Appointments and term. -- (a) There is established a

board of examination and registration of architects, composed of five (5) architects. Each member

of the board must be a qualified elector of this state for three (3) consecutive years prior to

appointment. Each member of the board shall have engaged in the practice of architecture, as

defined by this chapter, as an individual practitioner, a partner of a partnership or limited liability

partnership, an officer or director of a corporation, or a member or manager of a limited liability

company engaged in the practice of architecture, for not less than seven (7) years prior to his or

her appointment.

      (b) Each member of the board shall be appointed by the governor with the advice and

consent of the senate, to serve for a term of five (5) years and until a successor is appointed and

qualified. No member of the board shall be associated in the practice of architecture, either

individually or as a member of a firm, with any other member of the board.

     In the year 2009, staggered terms shall be implemented as follows:

     (1) One member is appointed for a period of one year;

     (2) One member is appointed for a period of two (2) years;

     (3) One member is appointed for a period of three (3) years;

     (4) One member is appointed for a period of four (4) years; and

     (5) One member is appointed for a period of five (5) years.

      (c) Vacancies occurring in the membership of the board shall be filled by the governor,

with the advice and consent of the senate, for the unexpired portion of the term. A member

appointed for a full term is not eligible for more than two (2) consecutive terms.

      (d) Each member of the board shall take, and subscribe to, the oath of office generally

required of state officials.

 

     5-1-5. Board -- Rules and regulations -- Examination and registration powers. -- (a)

The board may establish any rules and regulations for the conduct of its own proceedings that it

deems appropriate.

      (b) The board may establish suitable rules and regulations for the examination and

registration of architects and also governing the practice of the profession of architecture. This

shall not include any prohibition of employment of the registered architect as he or she chooses.

      (c) The board shall hold examinations for individuals applying for certificates at least

once each year, provided that there are applicants qualified under sections 5-1-8(a) and 5-1-8(b).

The board shall establish any rules and regulations for the examination of applicants that it deems

appropriate.

     (c) To be registered, the applicant shall be required to pass examinations and grading

procedure of the national council of architectural registration boards, provided that the applicant

is qualified under subsections 5-1-8(a) and 5-1-8(b).

      (d) The board shall issue certificates to individuals who have qualified to practice

architecture under the provisions of this chapter. The board may establish any rules and

regulations for the issuance and renewal of certificates that it deems appropriate, including rules

for the issuance of certificates by reciprocity.

      (e) In addition to its rulemaking authority, the board has the power to take all action that

is necessary and proper to effectuate the purposes of this chapter, including the power to:

      (1) Suspend, revoke or annul certificates of registration and certificates of authorization

in accordance with the provisions of this chapter;

      (2) Investigate all complaints and charges of unprofessional conduct, including, but not

limited to, conduct specified under section 5-1-13, against any licensee or any applicant for a

certificate of registration or certificate of authorization, and to hold hearings, in accordance with

the provisions of section 5-1-13.1, to determine whether the complaints and charges are

substantiated;

      (3) Appoint one or more members of the board, legal counsel, and/or an independent

investigator to act on behalf of the board in investigating the conduct of any licensee, or of any

applicant for a certificate of registration or certificate of authorization, or in the alternative to

appoint a probable cause committee to investigate this conduct on its behalf. The committee is to

be comprised of licensees in good standing, as the board determines;

      (4) Issue subpoenas, administer oaths, and summon and examine witnesses in connection

with any investigation conducted under the authority of this chapter. If a subpoena is disobeyed,

the board may invoke the aid of any court of competent jurisdiction in this state to require the

attendance and testimony of witnesses and the production of documentary evidence.

      (f) The board and its members and agents are immune from personal liability for actions

taken in good faith in the discharge of the board's responsibilities, and the state shall indemnify

the board and these members and agents for, and hold them harmless from, any and all costs,

damages, and reasonable attorneys fees arising from or related in any way to claims or actions

against them as to matters to which the immunity applies.

 

     5-1-6. Board -- Records of proceedings -- Roster of architects -- Report of

transactions. -- (a) The secretary of the board shall keep a record of its proceedings. The record

shall include the name, age, and last known address of each applicant for registration, information

concerning each applicant's education, experience, and other qualifications, the text of all

examinations administered and their results and any other information that the board deems

appropriate. The record of the board is prima facie evidence of the proceedings and a certified

transcript by the secretary is admissible in evidence with the same force and effect as if the

original were produced.

      (b) The board may shall maintain a roster of architects. Copies of the roster may be

mailed annually to resident architects and to federal agencies within the state, and to state, city

and town officials, and may be distributed or sold to the public.

      (c) The secretary of the board shall receive and account for all monies derived from the

activities of the board and shall submit to the governor and the general assembly a report of its

transactions of the preceding year.

 

     5-1-7. Practice prohibited -- Criminal penalties -- Injunctions. -- (a) No individual

shall:

      (1) Practice or offer to practice architecture in this state;

      (2) Use any title, sign, card, or device implying that the individual is an architect or is

competent to practice architecture in this state;

      (3) Use in connection with his or her name or otherwise any title or description

conveying or tending to convey the impression that the individual is an architect or is competent

to practice architecture in this state; or

      (4) Use or display any words, letters, figures, seals, or advertisements indicating or

implying that the individual is an architect or is competent to practice architecture in this state,

unless that individual holds a currently valid certificate of registration/authorization issued

pursuant to this chapter or is specifically exempted from holding a certificate under the provisions

of this chapter.

      (b) No sole proprietorship, partnership, limited liability partnership corporation, or

limited liability company shall:

      (1) Practice or offer to practice architecture in this state;

      (2) Use any title, sign, card, or device implying that the sole proprietorship, partnership,

limited liability partnership, corporation, or limited liability company is competent to practice

architecture in this state;

      (3) Use in connection with its name, or otherwise, any title or description conveying or

tending to convey the impression that the entity is an architectural firm or is competent to practice

architecture in this state; or

      (4) Use or display any words, letters, figures, seals, or advertisements indicating or

implying that the entity is an architectural firm or is competent to practice architecture in this

state, unless that sole proprietorship, partnership, limited liability partnership, corporation, or

limited liability company complies with the requirements of this chapter.

      (c) Any individual, sole proprietorship, limited liability partnership, corporation, or

limited liability company which: (1) violates subsection (a) or (b) of this section; (2) presents or

attempts to use the certificate of registration/authorization of another; (3) gives any false or

forged evidence of any kind to the board or to any member of the board in obtaining or

attempting to obtain a certificate of registration/authorization; (4) falsely impersonates any other

registrant whether of a like or different name; (5) uses or attempts to use an expired, revoked, or

nonexistent certificate of registration/authorization; (6) falsely claims to be registered under this

chapter; or (7) otherwise violates any provision of this chapter; is guilty of a misdemeanor, and

upon conviction by a court of competent jurisdiction, shall be sentenced to pay a fine of not more

than one thousand dollars ($1,000) for the first offense and a fine of not less than one thousand

dollars ($1,000) nor more than two thousand dollars ($2,000) for each subsequent offense, or

imprisonment for not more than one year, or both; and in the court's discretion and upon good

cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board

in connection with the proceedings, including attorneys fees (which amounts shall be deposited as

general revenues); and be subject to, in the board's discretion, public censure or reprimand.

      (d) The board has the power to institute injunction proceedings in superior court to

prevent violations of subsection (a) or (b) or violations of section 5-1-12. In injunction

proceedings, the board is not required to prove that an adequate remedy at law does not exist, or

that substantial or irreparable damage would result from continued violations. The superior court,

in its discretion and in addition to any injunctive relief granted to the board, may order that any

person or entity in violation of this section shall:

      (1) Upon good cause shown, reimburse the board for any and all fees, expenses, and

costs incurred by the board in connection with the proceedings, including attorneys fees (which

amounts shall be deposited as general revenues); and/or

      (2) Be subject to public censure or reprimand.

 

     5-1-8. Examination and qualifications of applicants for certificates of registration. --

(a) Any individual who is at least twenty-one (21) years of age may apply for a certificate of

registration under this chapter; provided, that the board may waive the requirement of residency

in any case or category of cases where the board determines that the applicant is not seeking to

avoid the registration requirements of his or her state or country of residence.

      (b) Each applicant for a certificate of registration shall submit satisfactory evidence to

the board that he or she holds a National Architectural Accrediting Board (NAAB) professional

degree in architecture from an accredited school and has had any practical experience including

academic training, that the board, by regulations uniformly applied, deems appropriate. The board

may, in its discretion, adopt as its standards for minimum experience the guidelines on practical

experience of the National Council of Architectural Registration Boards.

      (c) Each applicant for a certificate of registration who satisfies subsections (a) and (b) of

this section shall submit to a registration examination. The examination shall cover any technical

and professional subjects and shall be graded on any basis that the board prescribes by regulation.

Results of the examination are announced within ninety (90) days of the date on which the

examination commenced. The board may shall, in its discretion, adopt the examinations and

recommended grading procedures of the National Council of Architectural Registration Boards.

      (d) The board may require applicants under this section and under section 5-1-9 to

submit to a personal interview.

 

     5-1-12. Architect's stamp. -- (a) Every architect shall obtain a stamp designated and

approved by the board, and shall impress that stamp on drawings and specifications prepared by

him or her or under his or her personal supervision responsible control for use in this state. An

architect who impresses his or her stamp, or knowingly permits it to be impressed on drawings or

specifications which were not prepared by him or her or under his or her personal supervision

responsible control is guilty of a misdemeanor and is subject to the penalties provided in section

5-1-7(c). Any person who impresses an architect's stamp, or knowingly permits it to be impressed

on drawings and specifications after the architect's certificate of registration has expired, or has

been revoked, annulled, or suspended, is guilty of a misdemeanor and is subject to the penalties

provided in section 5-1-7(c).

      (b) Upon forfeiture, revocation, suspension, annulment of his or her certificate of

registration, or upon expiration of his or her certificate of registration without renewal, an

architect shall surrender his or her stamp to the board. Upon the death of an architect, his or her

personal representatives shall surrender his or her stamp to the board. The board has the power to

institute proceedings in superior court or probate court to enforce this subsection.

 

     5-1-13. Revocation or suspension of certificates of registration or of authorization. --

(a) After notice and hearing as provided in section 5-1-13.1, the board may in its discretion:(1)

suspend or revoke or , revoke or annul or refuse to renew any certificate of registration; and/or (2)

revoke or suspend suspend, revoke or annul or refuse to renew any certificate of authorization;

and/or (3) publicly censure, reprimand, or censure in writing; and/or (4) limit the scope of

practice of; and/or (5) impose an administrative fine upon (not to exceed one thousand dollars

($1,000) for each violation); and/or (6) place on probation; and/or (7) for good cause shown,

order a reimbursement of the board for all fees, expenses, costs, and attorneys fees in connection

with the proceedings (which amounts shall be deposited as general revenues), all with or without

terms, conditions, or limitations, holders of a certificate of registration or a certificate of

authorization (subsequently referred to as a licensee or licensees) for any or more of the causes

set out in subsection (b) of this section.

      (b) The board may take actions specified in subsection (a) of this section for any of the

following causes:

      (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

      (2) Practicing architecture in another state, country, or jurisdiction in violation of the

laws of that state, country, or jurisdiction;

      (3) Practicing architecture in this state in violation of the standards of professional

conduct established by the board;

      (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of architecture;

      (5) Use of an architect's stamp in violation of section 5-1-12;

      (6) Violation of any of the provisions of this chapter;

      (7) Suspension or revocation of the right to practice architecture before any state or

before any other country or jurisdiction;

      (8) Conviction of or pleading guilty or nolo contendere to any felony, or to any crime of,

or act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses

involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of

the federal government;

      (9) Failure to furnish to the board, or any person acting on behalf of the board, in a

reasonable time within sixty (60) days of notification any information that may be legally

requested by the board;

      (10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

conduct reflecting adversely upon the licensee's fitness to engage in the practice of architecture;

and

      (11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

other conduct discreditable to injurious to the reputation of the architectural profession.

 

     5-1-13.1. Initiation of proceedings -- Hearings before the board -- Appeals -- Notice

to other states. -- (a) The board may initiate proceedings under this chapter against holders of a

certificate of registration and/or a certificate of authorization (subsequently referred to as a

licensee or licensees) either on its own motion, or on complaint of any person, upon a finding of

probable cause by a probable cause committee appointed by the board pursuant to section 5-1-5,

or upon receiving notification from another state board of architects or from the appropriate

authority in another country or jurisdiction of its decision to:

      (1) Revoke, suspend, annul, or refuse to renew the practice privileges granted in that

state or in that country or jurisdiction to the licensee; or

      (2) Publicly censure, or censure in writing, limit the scope of practice of, impose an

administrative fine upon, or place on probation the licensee.

      (b) A written notice stating the nature of the charge or charges against the licensee and

the time and place of the hearing before the board on the charges shall be served on the licensee

not less than twenty (20) days prior to the date of the hearing either personally or by mailing a

copy of the notice by certified mail, return receipt requested, to the address of the licensee last

known to the board.

      (c) If, after being served with the notice of hearing as provided for in this section, the

licensee fails to appear at the hearing and to defend against the stated charges, the board may

proceed to hear evidence against the licensee and may enter any order that is justified by the

evidence. That order is final unless the licensee petitions for a review of it as provided in this

section; provided, that within thirty (30) days from the date of any order, upon a showing of good

cause for failing to appear and defend, the board may reopen the proceedings and may permit the

licensee to submit evidence in his, her or on its behalf.

      (d) (1) At any hearing pursuant to this section, the licensee may:

      (i) Appear in person or be represented by counsel;

      (ii) Produce evidence and witnesses on his, her, or its behalf;

      (iii) Cross examine witnesses; and

      (iv) Examine the evidence that is produced.

      (2) A sole proprietorship may be represented before the board by counsel or by the sole

proprietor. A partnership or limited liability partnership may be represented before the board by

counsel or any partner of the partnership. A corporation may be represented by counsel before the

board or by any shareholder, officer or director of the corporation. A limited liability company

may be represented before the board by counsel or by any member or manager of the limited

liability company. The licensee is entitled, upon written application to the board, to the issuance

of subpoenas to compel the attendance of witnesses on the licensee's behalf.

      (e) The board or any member of the board may issue subpoenas to compel the attendance

of witnesses and the production of documents and may administer oaths, take testimony, hear

proofs and receive exhibits in evidence in connection with or upon hearing pursuant to this

chapter. In case of disobedience to a subpoena, the board may petition the superior court to

require the attendance and testimony of witnesses and the production of documentary evidence.

      (f) The board is not bound by strict rules of procedure or by laws of evidence in the

conduct of its proceedings, but any determination of the board is based upon sufficient legal

evidence to sustain the determination.

      (g) A stenographic record of all hearings pursuant to this section shall be kept and a

transcript of the record filed with the board.

      (h) The decision of the board shall be made by vote in accordance with the rules and

regulations established under section 5-1-5.

      (i) Any appeal from the decision of the board, by a person or persons adversely affected

by the decision, is governed by section 42-35-15.

      (j) On rendering a decision to: (1) revoke, suspend, annul, or refuse to renew a certificate

of registration issued under the laws of this state; (2) revoke, suspend, or refuse to renew a

certificate of authorization issued under the laws of this state; or (3) publicly censure, censure in

writing, limit the scope of practice of, impose an administrative fine upon, or place on probation a

licensee, the board shall examine its records to determine whether the licensee holds a certificate

of registration or a certificate of authorization to practice in any other state, country, or

jurisdiction. If the board determines that the licensee in fact holds a certificate of registration or

certificate of authorization, the board shall immediately notify the board of architecture of the

other state, country, or jurisdiction by mail of its decision pursuant to this section, and include in

the notice an indication as to whether or not the licensee has appealed the decision.

      (k) The board may, in its discretion, order any licensee against whom proceedings have

been initiated under sections 5-1-13 and 5-1-13.1 to reimburse the board for any fees, expenses,

and costs incurred by the board in connection with the proceedings, including attorneys fees.

These fees shall be paid within thirty (30) days from the date they are assessed and may be

reviewed in accordance with section 42-35-15, and deposited as general revenues.

      (l) The board may, in its discretion, issue a certificate of registration or certificate of

authorization to any applicant denied a certificate of registration or certificate of authorization,

under any of the provisions of this section upon presentation of suitable evidence.

      (m) The attorney general or his or her deputy shall act as legal advisor to the board and

render any legal assistance that is necessary in carrying out the provisions of this chapter. The

board may employ other counsel and obtain other necessary assistance to be appointed by the

governor to aid in the enforcement of this chapter, and the compensation and expenses for the

employment shall be paid from the fund of the board.

 

     5-1-14. Practices permitted. -- Nothing contained in this chapter shall be construed to

prohibit practices normally permitted to employees, engineers, contractors, and others, including

the following:

      (1) A draftsperson, student, superintendent, or other employee of a lawfully practicing

registered architect acting under the instruction, responsible control and supervision of his or her

employer. This chapter does not prevent the employment of a superintendent of the construction,

enlargement, or alteration of a building or part of a building who acts under the immediate

responsible control personal supervision of the registered architect by whom the plans and

specifications of the building, enlargement, or alteration were prepared.

      (2) A registered professional engineer doing architectural work as may be incident to the

practice of his or her engineering profession, not to exceed thirty-five thousand (35,000) cubic

feet of enclosed space, provided all drawings for that construction are signed by the author of the

drawing with his or her true appellation as a "registered professional engineer" without the use in

any form of the title "architect".

      (3) The construction or alteration of any single-family or two-family house or any minor

accessory building to it by a person other than a registered architect.

      (4) The construction or alteration of any building used for farm purposes, as long as it is

not for human habitation or occupancy, by a person other than a registered architect.

 

     5-1-15.1. Certificate of authorization for sole proprietorships, partnerships, limited

liability partnerships, corporations or limited liability companies. -- (a) A sole proprietorship,

partnership, limited liability partnership, corporation or limited liability company shall be

admitted to practice architecture in this state if:

      (1) Two-thirds ( 2/3) of the partners (if a partnership or limited liability partnership) two-

thirds ( 2/3) of the directors and officers (or shareholders if there are no directors, if a

corporation) or two-thirds ( 2/3) of the managers (or members if there are no managers, if a

limited liability company) are registered under the laws of any state or any reciprocal jurisdiction

as defined by the National Council of Architectural Registration Boards to practice architecture or

engineering;

      (2) One-third ( 1/3) of the partners (if a partnership or limited liability partnership) or

one-third ( 1/3) of the directors and officers (or shareholders if there are no directors, if a

corporation), or one-third ( 1/3) of the managers (or members if there are no managers, if a

limited liability company) are registered under the laws of any state or reciprocal jurisdiction as

defined by the National Council of Architectural Registration Boards to practice architecture; and

      (3) The person having the practice of architecture in his or her charge is himself or

herself a partner (if a partnership or limited liability partnership) a director or officer (or

shareholders if there are no directors, if a corporation) or a manager (or members if there are no

managers, if a limited liability company) and registered to practice architecture in this state.

      (b) The board is empowered to require any sole proprietorship, partnership, or limited

liability partnership, corporation or limited liability company practicing architecture in this state

to file information concerning its partners, shareholders, officers, directors, members, managers,

and other aspects of its business organization, upon any forms that the board prescribes.

      (c) The practice or offer to practice architecture as defined by this chapter by a sole

proprietorship, partnership, limited liability partnership, corporation, or limited liability company

subsequently referred to as the "firm", through one or more architects registered under the

provisions of this chapter, is permitted provided that the registered architect or architects are in

direct control of the practice or exercise personal supervision responsible control of all personnel

who act in behalf of the firm in professional and technical matters; and provided, that the firm has

been issued a certificate of authorization by this board.

      (d) Within one year after the enactment of this chapter, every firm must obtain a

certificate of authorization from this board, and those individuals in direct control of the practice

or who exercise personal supervision responsible control of all personnel who act in behalf of the

firm in professional and technical matters must be registered with the board. The certificate of

authorization shall be issued by the board upon satisfaction of the provisions of this chapter and

the payment of a fee as determined by the board in accordance with section 5-1-11. This fee shall

be waived if the firm consists of only one person who is the registered architect. Every firm must

file an application for a certificate of authorization with the board on a form provided by the

board.

      (e) Every certificate of authorization is valid for a period of two (2) years and expires on

the last day of December of each even numbered year following its issuance. A separate form

provided by the board shall be filed with each renewal of the certificate of authorization. The firm

shall complete a renewal form within thirty (30) days of the time any information previously filed

with the board has changed, is no longer true or valid, or has been revised for any reason. If, in

the board's judgment, the information contained on the application and/or renewal form is

satisfactory and complete, the board will issue a certificate of authorization for the firm to

practice architecture in this state. The board may require all applicants for renewal to provide the

board with information, including but not limited to, a brief outline setting forth the professional

activities of any applicant during a period in which a certificate of authorization has lapsed and

other evidence of the continued competence and good character of the applicant, all as the board

deems necessary.

 

     SECTION 2. This act shall take effect upon passage.     

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LC02261

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