H 3381 Session 112 (1997-1998)
H 3381 General Bill, By Robinson, Barrett, Cato, Gamble, Keegan, Kelley, Knotts,
Koon, Limehouse, Mason, Meacham, Neilson, Rice, Riser, Sandifer, Trotter and
Webb
Similar(S 271)
A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS
TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINSTRATIVE
FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR
PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND,
AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE
THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR
DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
02/05/97 House Introduced and read first time HJ-15
02/05/97 House Referred to Committee on Labor, Commerce and
Industry HJ-15
03/19/97 House Committee report: Favorable Labor, Commerce and
Industry HJ-20
03/25/97 House Amended HJ-42
03/25/97 House Read second time HJ-42
03/26/97 House Read third time and sent to Senate HJ-10
04/01/97 Senate Introduced and read first time SJ-12
04/01/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-12
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 25, 1997
H. 3381
Introduced by Reps. Robinson, Knotts, Neilson, Meacham, Cato,
Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble,
Mason, Koon, Rice and Limehouse
S. Printed 3/25/97--H.
Read the first time February 5, 1997.
A BILL
TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO
CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK
ESTABLISHED BY THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION FOR PROFESSIONAL AND
OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE
40 AND, AMONG OTHER THINGS, TO CLARIFY
REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT
THE BOARD MAY INITIATE AN INVESTIGATION; TO
EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND
REVISE EXAMINATION PROCEDURES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 3, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 3
Architects
Section 40-3-10. (1) "Architect" means a
person who, by reason of his general knowledge of the principles of
architecture acquired by professional education and practical
experience, is qualified to engage in the practice of architecture as
attested by his registration as an architect.
(2) "Architectural practice" means any service
or creative work requiring architectural education, training, and
experience, and the application of the principles of architecture and
related technical disciplines to the professional services or creative
work as consulting, evaluating, planning, designing, specifying,
coordinating of consultants, administration of contracts, and
reviewing of construction for the purpose of assuring compliance
with the specifications and design, in connection with any building,
or site development. A person is considered to practice or offer to
practice architecture who in any manner represents himself to be an
architect, who performs or holds himself out as able to perform any
architectural service or other services recognized by educational
authorities as architecture.
(3) "Professional degree" means the successful
completion of a National Architectural Accrediting Board accredited
degree in architecture.
(4) "Responsible charge" means direct control
and personal supervision of the practice of architecture.
Section 40-3-20. Any person assuming the title
of architect or practicing the profession of architecture in this State
must be skilled in the principles of design and construction so that he
may be entrusted with the design and review of construction of
buildings without undue risk to the public safety. Before assuming
the title or undertaking the work, he shall have a certificate of
registration from the State Board of Architectural Examiners.
Section 40-3-30. The Governor shall appoint a
board of examiners to be known as the State Board of Architectural
Examiners composed of six persons. One must be a professor of
architecture in a university or college controlled by the State who
also must be an architect registered in the State of South Carolina,
four must be reputable architects engaged in the actual practice of the
profession in this State, and one must be a representative of the
general public. The first members having been appointed for terms
of one, two, three, four, and five years, respectively, in each year as
the terms of the members expire, the Governor shall fill the vacancies
occurring by appointment under like conditions and qualifications,
each appointment to be for a term of five years. Vacancies occurring
by reason of death, resignation, or removal must be filled by
appointment by the Governor for the unexpired term only.
Section 40-3-40. The members of the board must
be compensated for their services at the regular per diem rate
established by the General Assembly for other state boards and must
be reimbursed for actual and necessary expenses incurred in
connection with and as a result of their work as members of the
board. All costs and expenses may be paid only from the fees and
dues received and no claim may be made upon the State Treasury
under this chapter.
Section 40-3-50. The board shall organize by the
election of a chairman, secretary, and treasurer, shall adopt rules
governing its proceedings and shall meet at least once each year. The
board shall provide itself with a proper seal, with which all its official
documents must be sealed. The board may promulgate regulations
governing the practice of architecture and architects not inconsistent
with the provisions of this chapter or other existing law and which do
not infringe upon the practice of any other profession.
Section 40-3-60. The board shall, at each annual
meeting and at other times as it may consider necessary, examine all
applicants for admission to practice architecture. These examinations
shall consist of an inquiry into the record, character, education,
experience, knowledge, attainments, and qualifications of the
applicant and may, in the discretion of the board, take the form of
written, drawing, or oral tests or an examination of buildings erected
by the applicant or photographs, drawings, and specifications of the
buildings. After June 30, 1993, applicants not passing all divisions
of the examination retain credit for those divisions passed for four
years from the date of the examination, after which time those
divisions must be retaken. The minimum qualifications for
registration are as follows:
(1) Education, the completion of a standard fourteen-unit
high school course or the equivalent of the course and courses in
mathematics, natural science, history, and language as the board may
prescribe. After June 30, 1993, attainment of a National
Architectural Accrediting Board accredited professional degree in
architecture is required;
(2) Experience, eight years in the employ of a registered
practicing architect, covering drafting, designing, computing,
estimating, specifications, and review of construction or other
comparable experience as the board, by regulation, may prescribe.
A professional degree is regarded as equivalent to five years of the
required eight years' experience. After June 30, 1993, applicants are
required to follow the National Council of Architectural Registration
Board's Intern-Architect Development Program adopted by the board
by regulation in order to satisfy experience requirements. Changes
in the program subsequently adopted by the board shall not affect
those persons currently enrolled in a previously adopted IDP
program;
(3) Attainments: a sound working knowledge of
architectural design, planning, materials, construction, sanitation,
mechanical equipment, costs, business administration, building law,
and professional practice and ethics;
(4) Once an applicant has qualified to take the Architect
Registration Examination, the applicant shall not lose his eligibility
because of subsequent changes in the experience requirements.
Any person who is shown upon examination to meet these
requirements to the reasonable satisfaction of the board is entitled to
a certificate of registration unless he has been convicted of a felony
or a crime of moral turpitude, misstated or misrepresented any fact in
connection with the application, violated any of the rules of registrant
conduct set forth in the law or regulations, or practiced architecture
without being registered. If the applicant has committed any of the
foregoing acts, the board may register the applicant on the basis of
suitable evidence of reform.
Section 40-3-70. An architect registered in
another state, territory, or foreign country, having standards of
registration equal to those in this State, may be registered upon a
satisfactory showing of character and record only.
Section 40-3-80. Every applicant applying for
registration in this State shall pay to the board a nonrefundable sum,
as determined by the board, not to exceed two hundred dollars, and
no applicant may be considered until the fee has been paid.
Applicants approved for examination shall pay to the board, prior to
being examined, a sum commensurate with the cost of administering
the examination, as determined by the board, not to exceed one
thousand dollars.
Section 40-3-90. Every architect, architectural
firm, architectural business corporation, architectural professional
association/corporation, and architectural partnership continuing to
practice in this State shall pay to the board each year according to the
dates established by the board a fee not to exceed two hundred dollars
as determined by the board and upon failure to do so shall have their
certificate to practice revoked. The certificate may, however, be
renewed at any time within one year from the date of expiration upon
payment of the fee and a penalty of fifty dollars during the first thirty
days and an additional one hundred dollars thereafter during the first
year.
Section 40-3-100. (a) The right to engage in the
practice of architecture is a personal right, based upon the
qualifications of the individual evidenced by his registration
certificate. The registration is not transferable.
(b) Nothing in subsection (a) of this section shall be
construed to prevent the formation of partnerships, business
corporations, professional associations, or professional corporations
as a vehicle for the practice of architecture subject to the following
conditions:
(1) The practice of or offer to practice architecture for
others as defined in Section 40-3-10 by individual architects
registered under this chapter through a business corporation as
officers, employees, or agents, or through a partnership, professional
association, or professional corporation as partners, associates,
officers, employees, or agents, as may be applicable according to the
particular circumstances, or the offering or rendering of architectural
services by business corporation, partnership, professional
association, or professional corporation through individual architects
registered under this chapter is permitted, subject to the provisions of
this chapter, if (i) one or more of the corporate officers in the case of
a business corporation, or one or more of the partners or associates in
the case of a partnership, professional association, or professional
corporation, are designated as being responsible for the professional
services, as described in Section 40-3-10, of the business corporation,
partnership, professional association, or professional corporation and
are architects under this chapter, (ii) all personnel of the business
corporation, partnership, professional association, or professional
corporation, who act in its behalf as architects, are registered under
this chapter, and (iii) the business corporation, partnership,
professional association, or professional corporation has been issued
a certificate of authorization by the board, as provided in item (2).
(2) A business corporation, partnership, professional
association, or professional corporation desiring a certificate of
authorization shall file with the board an application, on forms
provided by the board, listing relevant information, including the
names and addresses of all officers and members of the business
corporation or officers and partners of the partnership or associates
in the professional association or professional corporation and also
of an individual or individuals duly registered to practice architecture
in this State who are in responsible charge of the practice of
architecture in this State through the business corporation,
partnership, professional association, or professional corporation and
other information required by the board accompanied by an original
authorization fee to be determined by the board. A form, giving the
same information, must accompany the annual renewal. In the event
there should be a change in any of these persons during the year, the
change must be designated on the same form and filed with the board
within thirty days at the effective date of the change. If all of the
requirements of this section are met, the board shall issue a certificate
of authorization to the business corporation, partnership, professional
association, or professional corporation and the business corporation,
partnership, professional association, or professional corporation is
authorized to contract for and to collect fees for architectural services.
Section 40-3-110. Every architect, architectural
firm, architectural business corporation, architectural professional
association, architectural professional corporation, or architectural
partnership practicing in this State shall have a seal, the impression
of which shall contain the name, the place of business, and the words
"Registered Architect, State of South Carolina" with
which they shall stamp all drawings, prints, and specifications for use
in their profession.
The seal of the individual architect in responsible charge,
as well as the seal of the firm, business corporation, professional
association, professional corporation, or partnership must appear as
an original on each print of the drawings and the index sheet, or
sheets, of each set of specifications offered to secure a building
permit and one record set for use on the construction site. The
required seal identification may be a rubber stamp impression placed
on original drawings and specification copy. The architect in
responsible charge shall affix his signature over his seal.
Section 40-3-120. Whenever the board has
reason to believe that any registrant has become unfit to practice
architecture or has violated any of the provisions of this chapter or
regulation of the board, or whenever a written complaint charging the
holder of a registration certificate with the violation of any provision
of this chapter is filed with the board, the board shall initiate an
investigation within thirty days. If after investigation it appears that
probable cause exists for a hearing, a time and place must be set by
the board for a hearing to determine whether or not the registration
must be suspended or revoked or other disciplinary action taken. No
action may be taken by the board until the registrant has been
furnished with a statement of the charges against him and by whom
he is charged and the names and addresses of all witnesses against
him and a notice of the time and place of the hearing on the charges
pursuant to the Administrative Procedures Act (Section 1-23-310 et
seq.). The notice and statement of charges must be sent to the
accused by certified mail return receipt requested at his last known
place of residence. The accused may appear and show cause why his
registration should not be suspended or revoked or other disciplinary
action taken. The accused has the right (a) to be confronted with and
to cross-examine the witnesses against him, (b) to have witnesses
subpoenaed in his behalf, and to be heard in person and by
counsel. Any hearing is open to the public. A stenographic record of
each proceeding to revoke, suspend, or otherwise restrict or penalize
a registrant must be made at the expense of the board.
If a majority of the board is satisfied that the registrant is
guilty of any offense charged in the formal accusation provided for
in this chapter, it shall revoke, suspend, reprimand, or otherwise take
any other reasonable action short of revocation or suspension, such
as requiring the licensee to undertake additional professional training
subject to the direction and supervision of the board. The board may
also impose restraint upon the registrant as circumstances warrant
until the registrant demonstrates to the board adequate professional
competence. The board may also impose a civil penalty of up to two
thousand dollars for each violation of the provisions of this chapter
or the regulations promulgated by the board, but the total of the
penalties imposed for these violations may not exceed ten thousand
dollars. In all cases where disciplinary action is taken by the board,
written notice of the action must then be sent by certified mail return
receipt requested by the secretary of the board to the accused at his
last known address, as provided to the board.
Any final order of the board finding that a registrant is
guilty of any offense charged in a formal accusation becomes public
knowledge except for a final order dismissing the accusation or
determining that a private reprimand is in order.
Any decision by the board to revoke, suspend, or otherwise
restrict the architect's registration or impose a civil penalty must be
by majority vote and is subject to review by an administrative law
judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-3-125. After notice and hearing, as
provided in Section 40-3-120, the board may revoke or suspend the
certificate of authorization of any business corporation, partnership,
professional association, or professional corporation that is not in
compliance with the provisions of Section 40-3-100. The board also
may impose a civil penalty of up to two thousand dollars for each
violation of the provisions of this chapter or the regulations
promulgated by the board, but the total of the penalties for these
violations may not exceed ten thousand dollars.
Section 40-3-130. It is a misdemeanor for any
person to practice architecture in this State, to use the title
"architect", or to use or display any title, sign, word, card,
advertisement, or other device or method to indicate that the person
practices or offers to practice architecture or is an architect, without
being registered as an architect, as provided by law. It is also
unlawful to give false testimony or knowingly offer forged evidence
to the board or any member of the board; or to falsely impersonate
any registered architect; or to violate the provisions of this chapter or
any other law of this State relating to the registration of architects.
Section 40-3-135. The board or any member of the
board may issue subpoenas to compel the attendance of witnesses and
the production of documents and also may administer oaths, take
testimony, hear proofs, and receive exhibits in evidence for all
purposes required in the discharge of duties under this chapter. An
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 shall enforce any subpoena issued pursuant to this section.
Section 40-3-140. As cumulative of any other
remedy or criminal prosecution, whenever it appears to the board that
any person violated any of the provisions of this chapter, or the
regulations or orders of the board, or any of the laws of this State
relating to architecture, the board may file a suit in equity in its own
name or in the name of the state, on its own relation and by its
counsel with an administrative law judge as provided under Article
5 of Chapter 23 of Title 1, alleging the facts and praying for a
temporary restraining order or permanent injunction against the
person, restraining him from violating the law, order, or regulation or
commanding him to obey the law, order, or regulation.
Upon proper application and showing that the person is not
registered, or that a renewal certificate has not been applied for, or
that registration has been denied, revoked, or suspended, or that the
law, order, or regulation has been or is about to be violated or
disobeyed, which showing may be made by affidavit, an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 shall issue a temporary restraining order or injunction and,
upon final hearing, shall grant and issue an injunction, including
mandatory injunction, upon finding the truth and sufficiency of the
allegations of the petition. An administrative law judge as provided
under Article 5 of Chapter 23 of Title 1 may enforce the injunction
by punishment for contempt and by any other process permitted to
circuit courts and make other orders in its discretion. The injunction
may be limited in time, perpetual or conditional, as may be necessary
and proper to the enforcement of this chapter, or the regulations or
orders of the board, or the law of this State relating to architecture.
Section 40-3-150. Any person violating the
provisions of this chapter is guilty of a misdemeanor and, upon
conviction, must be fined not less than five hundred dollars nor more
than five thousand dollars, or be imprisoned for not less than thirty
days nor more than six months, or both, within the discretion of the
court.
Section 40-3-160. (1) Nothing in this chapter
prohibits a general contractor or a home builder from the preparation
and use of details and shop drawings, assembly or erection drawings,
or graphic descriptions used to detail or illustrate a portion of the
work required to construct the project in accordance with the plans
and specifications prepared or to be prepared under the requirements
of this chapter.
(2) Nothing in this chapter prevents or affects the practice
of any other legally recognized profession.
(3) If the drawings and specifications are signed by the
authors with the true title of their occupations, this chapter does not
apply to the preparations of plans and specifications for:
(a) a building which is to be used for farm purposes only;
(b) a building less than three stories high and containing
less than five thousand square feet of total floor area except buildings
of assembly, institutional, educational, and hazardous occupancies as
defined by the Standard Building Code, regardless of area;
(c) a detached single-family or two-family dwelling, as
defined in Group R3 of the Standard Building Code, regardless of
size, with each unit having a grade level exit and any sheds, storage
buildings, and garages incidental thereto;
(d) alterations to any buildings to which this chapter does
not apply, if the alterations do not increase the areas and capacities
beyond the limits of this chapter or affect the structural safety of the
building.
(4) Nothing in this chapter prevents or affects the practice
of engineering, as defined in Chapter 21 of Title 40, nor architectural
work incidental to the practice of engineering.
Section 40-3-165. Architects shall not enter into a
contract for professional services on any basis other than direct
negotiation thereby precluding participation in any system requiring
a comparison of compensation. Provided, however, an architect may
state compensation to a prospective client in direct negotiation where
architectural services necessary to protect the public health, safety,
and welfare have been defined.
Section 40-3-170. Service of any notice provided
for by law upon any nonresident architect who has been admitted to
the practice of architecture or upon any resident architect who,
having been admitted, subsequently becomes a nonresident or after
due diligence cannot be found at his usual abode or place of business
in this State, may be made by leaving with the executive director of
the board a copy of this notice and any accompanying documents and
by sending to the architect by certified mail an attested copy, with an
endorsement on the copy of the service upon the executive director,
addressed to the architect at his last known address.
The return receipt for the certified mail must be attached to
and made a part of the return of service of the notice by the board.
The chairman of the board before which there was pending any
proceeding in which notice has been given, as provided in this
section, may order a continuance as may be necessary to afford the
architect reasonable opportunity to appear and defend. The executive
director shall keep a record of the day of the service of the notice and
any accompanying documents.
Section 40-3-180. It is the duty of the building
official or other authority charged with the responsibility of issuing
building or other similar permits of any county, municipality, or other
subdivision, before issuing the permit, to be in possession of a sealed
set of plans and specifications for which the seal of a registered
architect is required and to verify that the architect who sealed the
architectural plans and specifications is an architect registered in
South Carolina.
Section 40-3-5. Unless otherwise provided in this chapter,
Article 1, Chapter 1 applies to architects; however, if there is a
conflict between this chapter and Article 1, Chapter 1, the provisions
of this chapter control.
Section 40-3-10. (A) There is created the Board of Architectural
Examiners under the administration of the Department of Labor,
Licensing and Regulation. The purpose of this board is to regulate
the practice of architecture in South Carolina.
(B) The Board of Architectural Examiners consists of six persons.
One must be a professor of architecture in a university or college
controlled by the State who also must be an architect registered in the
State of South Carolina, four must be architects engaged in the
practice of architecture in this State, and one must be a representative
of the general public. Members serve terms of five years and until
their successors are appointed and qualify. No member may serve
more than two consecutive full terms, except the professor of
architecture member. Vacancies must be filled in the manner of the
original appointment for the unexpired portion of the term.
(C) Nominations for appointment to the board may be submitted
to the Governor from the board or any individual, group, or
association.
Section 40-3-20. (1) 'Architect' means an individual who, by
reason of the individual's general knowledge of the principles of
architecture acquired by professional education and practical
experience, is qualified to engage in the practice of architecture as
attested by the individual's registration as an architect.
(2) 'Board' means the Board of Architectural Examiners.
(3) 'Firm' means a business entity functioning as a partnership,
limited liability partnership, professional association, professional
corporation, business corporation, limited liability company, or other
firm association which practices or offers to practice architecture.
(4) 'Full authority' means that amount of authority granted to a
regularly employed individual in unrestricted, unchecked, and
unqualified command of the architectural practice of a firm.
(5) 'Individual' means a single human being.
(6) 'Practice of architecture' means a service or creative work
requiring architectural education, training, and experience, and the
application of the principles of architecture and related technical
disciplines to the professional services or creative work as consulting,
evaluating, planning, designing, specifying, coordinating of
consultants, administration of contracts, and reviewing of
construction for the purpose of assuring compliance with the
specifications and design, in connection with a building or site
development.
(7) 'Professional degree' means the successful completion of a
National Architectural Accrediting Board accredited degree in
architecture.
(8) 'Responsible charge' means direct control and personal
supervision of the practice of architecture.
Section 40-3-30. (A) No individual may engage in the practice
of architecture without a license issued in accordance with this
chapter. An individual is considered to engage in the practice of or
offer to engage in the practice of architecture who in any manner
represents himself to be an architect, who performs or holds himself
out as able to perform any architectural service or other services
recognized by educational authorities as architecture.
(B) Only an individual licensed under this chapter may use the title
'architect'. An individual assuming the title of architect or engaging
in the practice of architecture in this State must be skilled in the
principles of design and construction so that the individual may be
entrusted with the design and review of construction of buildings
without undue risk to the public safety. Before assuming the title
'architect' or undertaking the work, the individual shall have a
certificate of registration from the board.
(C) A firm offering to engage in the practice of architecture in this
State must have a certificate of authorization issued by the board
before undertaking architectural work. Each firm must employ one
or more architects registered in this State who are designated as being
in full authority and responsible charge of the architectural practice.
Additionally, all personnel of the firm who act in its behalf as
architects in this State must be registered under this chapter and must
hold a current registration. If there is a change in ownership,
management, or the architect in responsible charge during the year,
the change must be filed with the board within thirty days.
(D) It is unlawful for an individual or firm to engage in the practice
of architecture in this State, to use the title 'architect', or to use or
display any title, sign, word, card, advertisement, or other device or
method to indicate that the individual or firm engages in or offers to
engage in the practice of architecture or is an architect, without being
registered as an architect or firm.
Section 40-3-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 40-1-50.
(B) Fees for examination, licensure, renewal, and other
assessments must be established by the board in regulation.
Applicants must be notified of the fee amount before payment.
Section 40-3-60. The board may adopt rules governing its
proceedings and shall elect a chairman, vice-chairman, and secretary
who shall serve a term of one year. The board may promulgate
regulations necessary to carry out the provisions of this chapter and
shall adopt a seal with which all its official documents must be
sealed.
Section 40-3-70. In addition to the powers and duties provided
for in this chapter, the board has those powers and duties set forth in
Section 40-1-70.
Section 40-3-80. (A) If the Director of the Department of Labor,
Licensing and Regulation or the board has reason to believe that an
individual or firm has become unfit to engage in the practice of
architecture or has violated a provision of this chapter or a regulation
promulgated under this chapter, if an individual files a written
complaint with the board or the Director of the Department of Labor,
Licensing and Regulation, charging an individual or firm with the
violation of a provision of this chapter or a regulation promulgated
under this chapter, the director or board may initiate an investigation.
(B) The board or a member of the board may issue subpoenas to
compel the attendance of witnesses and the production of documents
and also may administer oaths, take testimony, hear proofs, and
receive exhibits in evidence for all purposes required in the discharge
of duties under this chapter.
Section 40-3-90. Any hearing that is conducted as a result of an
investigation must be conducted in accordance with Section 40-1-90.
Section 40-3-100. In addition to other remedies provided in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 also may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-3-110. The board may cancel, fine, suspend, revoke, or
restrict the authorization to practice architecture of an individual who
has had a license to practice a profession or occupation regulated
under Title 40 canceled, revoked, or suspended or who has otherwise
been disciplined.
Section 40-3-115. The board has jurisdiction over the actions of
licensees and former licensees as provided in Section 40-1-115.
Section 40-3-120. (A) The board may impose a civil fine of up to
two thousand dollars for each violation of a provision of this chapter
or a regulation promulgated under this chapter; however, the total
fines may not exceed ten thousand dollars.
(B) A final order of the board finding that a registrant is guilty of
any offense charged in a formal accusation becomes public
knowledge except for a final order dismissing the accusation or
imposing a private reprimand.
Section 40-3-130. As provided for in Section 40-1-130, the board
may deny licensure to an applicant based on the same grounds for
which the board may take disciplinary action against a licensee.
Section 40-3-140. A license may be denied based on a person's
prior criminal record only as provided in Section 40-1-140.
Section 40-3-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section
40-1-150.
Section 40-3-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 40-3-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-3-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 40-3-190. Investigations and proceedings conducted under
this chapter are confidential and all communications are privileged as
provided in Section 40-1-190.
Section 40-3-200. A person who engages in or offers to engage in
the practice of architecture in this State in violation of this chapter or
who knowingly submits false information for the purpose of
obtaining a license is guilty of a misdemeanor and, upon conviction,
must be imprisoned not more than one year or fined not more than
fifty thousand dollars.
Section 40-3-210. The Department of Labor, Licensing and
Regulation on behalf of the board and in accordance with Section
40-1-120, may petition an administrative law judge, in the name of
the State, for injunctive relief against a person violating this chapter.
Section 40-3-230. (A) The privilege of engaging in the practice
of architecture is a personal privilege based upon the qualifications
of the individual and evidenced by the person's registration
certificate which is not transferable.
(B) The board shall review the application of all applicants for
admission to practice architecture. The review shall consist of an
inquiry into the record, character, education, experience, knowledge,
and qualifications of the applicant. An applicant approved by the
board as qualified must take the National Council of Architectural
Registration Boards Architect Registration Examination (A.R.E.).
(C) To be licensed as an architect, an individual must:
(1) have a professional degree in architecture from a school or
college program accredited by the National Architectural Accrediting
Board (NAAB). The school or program must be accredited by
NAAB not later than two years after the applicant's graduation.
Foreign-educated applicants who do not hold an NAAB accredited
degree may have their educational credentials evaluated through
Education Evaluation Services for Architects (EESA) to determine
if their foreign degree is equivalent to an NAAB professional degree
in architecture. Additionally, foreign educated applicants must
satisfy National Council of Architectural Registration Boards'
general educational requirements;
(2) have satisfactorily completed the training requirements
established by the National Council of Architectural Registration
Boards (NCARB) for the Intern Development Program (IDP).
Changes in the program subsequently adopted by the board do not
affect those persons currently enrolled in a previously adopted IDP
program;
(3) have attained a passing score on all subject areas of the
NCARB Architect Registration Examination (A.R.E.). Subject areas
may include, but are not limited to, predesign, site design, building
design, structural technology, materials and methods of construction,
mechanical, plumbing, electrical, acoustical, life safety systems, and
construction documents and services.
(D) An applicant may not be licensed as an architect if the
individual has been convicted of a felony or a crime of moral
turpitude, misstated or misrepresented any fact in connection with the
application, violated any of the rules of registrant conduct set forth in
the law or regulations, or practiced architecture without being
registered. However, if an applicant has committed any of these acts,
the board may register the applicant on the basis of suitable evidence
of reform.
Section 40-3-240. (A) An application for licensure must be made
on board application forms. A completed application signed and
sworn to by the applicant must be filed with the board office and
must be accompanied by all applicable fees. No application may be
considered until the fees have been paid.
(B) The Architectural Registration Examination will be
administered in a format and manner prescribed by the National
Council of Architectural Registration Boards (NCARB) to all
applicants for initial licensure. Applicants must pass all subject
areas. Scores for the individual subject areas cannot be averaged.
Applicants not passing all subject areas of the examination retain
credit for those subject areas passed for four years from the date of
the examination, after which time those subject areas must be retaken.
(C) An applicant must satisfy the requirements of Section
40-3-230(C)(1) and (2) in order to be approved by the board to take
the Architectural Registration Examination. Once an applicant has
been approved to take the examination, the applicant does not lose
eligibility because of subsequent changes in the education or
experience requirements.
(D) The board may accept transfer credits for individual subject
areas of the examination passed by the applicant from another
jurisdiction.
Section 40-3-250. (A) An individual and firm licensed under this
chapter shall satisfy license renewal requirements as established by
the board in regulation and annually shall pay the required renewal
fee on a date set by the board in order to continue practicing
architecture in South Carolina.
(B) Both individual and firm certificates may be renewed at any
time within one year from the date of expiration upon payment of the
established fee and a penalty of fifty dollars during the first thirty
days and an additional one hundred dollars thereafter during the year.
(C) If an individual or firm fails to renew within one year from the
date of expiration, the certificate may be reissued upon submission of
a new application accompanied by the application fee and approval
by the board.
Section 40-3-260. An architect registered in another state, territory,
or foreign country, having standards of registration equal to those in
this State, may be registered upon a satisfactory showing of character
and record only.
Section 40-3-270. (A) A firm desiring a certification of
authorization shall file with the board an application on forms
provided by the board and pay an application fee. Before a certificate
of authorization may be issued to an out-of-state business or
professional corporation, the corporation must be approved to
transact business in this State. A copy of the approved certificate of
authority issued by the State must be filed with the board application.
(B) A firm must maintain on file in the board office the name of
the individual in full authority and responsible charge and written
evidence of authority. Failure to provide accurate and timely
information may constitute a violation of this subsection.
(C) For the purpose of this chapter, a sole proprietorship means a
business in which one or more registered architects are engaged as
employees; however, the practice must be conducted under the name
registered with the board as an individual (i.e., John Doe, Architect).
Any other practice name, i.e., Doe & Company, or Doe &
Associates, requires a certification of authorization to practice. (D)
If a South Carolina firm seeks to register under a name referring to
persons rather than a trade name, the persons referred to in the firm's
name must be licensed as individual architects, engineers, land
surveyors, or landscape architects in this State.
(E) If an out-of-state firm seeks to register under a name referring
to persons rather than a trade name, the persons referred to in the
firm's name must be licensed as individual architects, engineers, land
surveyors, or landscape architects in this State or in another state or
jurisdiction.
(F) The requirement to obtain a certificate of authorization applies
to associations for one or more projects but does not apply to an
out-of-state firm or individual retained by a registered South Carolina
architect as a consultant only.
(G) A registered architect practicing in his name who does not
employ a registered architect is not required to obtain a certificate of
authority.
Section 40-3-280. (A) Every architect and firm practicing in this
State shall have a seal, the impression of which shall contain the
name, the place of business, and the words 'Registered Architect,
State of South Carolina' with which they shall stamp all drawings,
prints, and specifications for use in their profession.
(B) The seal of the individual architect in responsible charge, as
well as the seal of the firm, must appear as an original on each print
of the drawings and the index sheet, or sheets, of each set of
specifications offered to secure a building permit and one record set
for use on the construction site. The required seal identification may
be a rubber stamp impression placed on original drawings and
specification copy. The architect in responsible charge shall affix his
signature over his seal.
Section 40-3-290. (A) Nothing in this chapter prohibits a general
contractor or a home builder from the preparation and use of details
and shop drawings, assembly or erection drawings, or graphic
descriptions used to detail or illustrate a portion of the work required
to construct the project in accordance with the plans and
specifications prepared or to be prepared under the requirements of
this chapter.
(B) Nothing in this chapter prevents or affects the practice of any
other legally recognized profession.
(C) If the drawings and specifications are signed by the authors
with the true title of their occupations, this chapter does not apply to
the preparations of plans and specifications for:
(1) a building which is to be used for farm purposes only;
(2) a building less than three stories high and containing fewer
than five thousand square feet of total floor area except buildings of
assembly, institutional, educational, and hazardous occupancies as
defined by the Standard Building Code, regardless of area;
(3) a detached single-family or two-family dwelling, as defined
in Group R3 of the Standard Building Code, regardless of size, with
each unit having a grade level exit and sheds, storage buildings, and
garages incidental to the dwelling;
(4) alterations to a building to which this chapter does not
apply, if the alterations do not increase the areas and capacities
beyond the limits of this chapter or affect the structural safety of the
building.
(D) Nothing in this chapter prevents or affects the practice of
engineering, as defined in Chapter 22 of Title 40, or architectural
work incidental to the practice of engineering.
Section 40-3-300. An architect may not enter into a contract for
professional services on any basis other than direct negotiation
thereby precluding participation in any system requiring a
comparison of compensation. However, an architect may state
compensation to a prospective client in direct negotiation where
architectural services necessary to protect the public health, safety,
and welfare have been defined.
Section 40-3-310. (A) Service of a notice provided for by law
upon a nonresident architect who has been admitted to the practice of
architecture or upon a resident architect who, having been admitted,
subsequently becomes a nonresident or after due diligence cannot be
found at his usual abode or place of business in this State, may be
made by leaving with the administrator of the board a copy of the
notice and any accompanying documents and by sending to the
architect by certified mail an attested copy, with an endorsement on
the copy of the service upon the administrator, addressed to the
architect at his last known address.
(B) The return receipt for the certified mail must be attached to
and made a part of the return of service of the notice by the board.
The chairman of the board before which there was pending a
proceeding in which notice has been given, as provided in this
section, may order a continuance as may be necessary to afford the
architect reasonable opportunity to appear and defend. The
administrator shall keep a record of the day of the service of the
notice and any accompanying documents.
Section 40-3-320. The building official or other authority charged
with the responsibility of issuing building or other similar permits of
any county, municipality, or other subdivision, before issuing the
permit, must be in possession of a sealed set of plans and
specifications for which the seal of a registered architect is required
and to verify that the architect who sealed the architectural plans and
specifications is an architect registered in South Carolina.
Section 40-3-330. If a provision of this chapter or the application
of a provision to a person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable."
SECTION 2. This act takes effect July 1, 1997.
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