2011 -- S 0511
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS - ARCHITECTS
Introduced By: Senators Miller, and Picard
Date Introduced: March 10, 2011
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-1-6, 5-1-8, 5-1-12, 5-1-15.1 and 5-1-16 of the General Laws in
Chapter 5-1 entitled "Architects" are hereby amended to read as follows:
5-1-6. Board -- Records of proceedings -- Roster of architects -- Report of
transactions. -- (a)
secretary board executive 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
board executive is admissible in
evidence with the same force and effect as if the original were produced.
(b) The board 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.
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
(a) and (b) of this
section and holds a professional degree in architecture as described in
(b) of this section shall submit to a registration examination. Results of the examination are
announced within ninety (90) days of the date on which the examination commenced. The board
shall 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 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 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
(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.
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.
5-1-15.1. 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
(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 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.
Within one year
after the enactment of this chapter, every Every firm must obtain a
certificate of authorization from this board, and those individuals in direct control of the practice
or who exercise 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
(f) In the event of ownership transition or change in the responsible control of a firm, the
board may permit a six (6) month grace period to allow a
continue to practice until a new certificate of authorization is issued.
5-1-16. Architects rendering assistance during disaster emergency -- Immunity from
civil liability. -- (a) An architect or architectural firm, duly
licensed to practice in
under this chapter, who voluntarily and without compensation provides architectural services at
the scene of a disaster emergency is not liable for any personal injury, wrongful death, property
damage, or other loss or damages caused by an act or omission of the architect or architectural
firm in performing the services.
(b) As used in this section, "disaster emergency" means a disaster emergency declared by
executive order or proclamation of the governor pursuant to chapter 15 of title 30.
(c) The immunity provided in subsection (a) of this section applies only to the practice of
architecture as defined in this chapter regarding an architectural service that:
(1) Concerns any building, structure, or system, whether publicly or privately owned that
is identified pursuant to a disaster emergency executive order or proclamation;
(2) Relates to the structural integrity of the entire building, structure, or system or any
portion of the structure or system, or to a nonstructural element of the structure or system,
affecting public safety; and
(3) Is rendered during the time in which a state of disaster emergency exists, as provided
in chapter 15 of title 30.
(d) The immunity granted by this section shall not apply to acts or omissions constituting
gross negligence or willful misconduct.
(e) In the event that
the governor of
architects with a National Council of Architectural Registration Boards (NCARB) certification
will be allowed to practice for a period of ninety (90) days from the date of the declared disaster.
SECTION 2. This act shall take effect upon passage.