S*0805(Rat #0531, Act #0446 of 1992)  General Bill, By J.V. Smith
 A Bill to amend Section 40-3-30, Code of Laws of South Carolina, 1976,
 relating to the Board of Architectural Examiners and appointment, term, and
 vacancies, so as to provide that the member of the State Board of
 Architectural Examiners who is a professor of architecture in a university or
 college controlled by the State also must be an architect registered in the
 State of South Carolina; to amend Section 40-3-60, as amended, relating to
 qualifications and examination of applicants for admission to practice
 architecture and the issuance of a certificate of registration, so as to
 provide that conviction of a crime of moral turpitude prevents the issuance of
 a certificate to an applicant; to amend Section 40-3-80, as amended, relating
 to application fees and examination fees under the Architects Law, so as to
 provide that every applicant applying for registration shall pay a
 nonrefundable sum, as determined by the Board, not to exceed two hundred,
 rather than one hundred dollars, and provide that 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 the Board, not to exceed one thousand, rather than five hundred, dollars;
 to amend Section 40-3-90, as amended, relating to the annual renewal fee under
 the Architects Law, so as to reference "architectural business corporation"
 and "architectural professional association/corporation", require the payment
 of an annual renewal fee not to exceed two hundred, rather than one hundred,
 dollars as determined by the Board, and provide for a penalty of fifty, rather
 than twenty-five dollars for renewal at any time within one year from the date
 of expiration upon payment of the renewal fee; to amend Section 40-3-100, as
 amended, relating to the practice of architecture by partnerships,
 corporations, or professional associations and certificate of authorization,
 so as to reference "architectural business corporations" and "architectural
 professional corporations", and delete the ceiling for the amount of the
 original authorization fee and provide that the fee must be as determined by
 the Board; to amend Section 40-3-110, as amended, relating to the required
 architectural seal, so as to reference "architectural business corporation"
 and "architectural professional corporation" and provide for changes in the
 provisions of law specifying where each seal must appear; to amend Section
 40-3-120, as amended, relating to suspension or revocation of architectural
 registration certificate, procedures, restraints and civil penalties, and
 appeal, so as to provide that no action may be taken by the Board until the
 registrant has been furnished with a certain statement and a notice of the
 time and place of the hearing regarding charges, pursuant to the
 Administrative Procedures Act, rather than "at least ninety days prior to the
 date of the hearing"; to amend Section 40-3-125, relating to revocation or
 suspension of certificate of authorization under the Architects Law, so as to
 reference "architectural business corporation" and "architectural professional
 corporation"; to amend the 1976 Code by adding Section 40-3-135 so as to
 provide that the Board of Architectural Examiners or any member of the Board
 may issue subpoenas for witnesses and documents, and provide that the Circuit
 Court having appropriate jurisdiction shall enforce any subpoenas issued
 pursuant to this Section; to amend Section 40-3-150, relating to the penalties
 for violating the Architects Law, so as to increase the prescribed fine; to
 amend Section 40-3-160, relating to activities and practices which are not
 prohibited by Chapter 3 of Title 40, "Architects", so as to delete certain
 language and provide further with respect to the preparations of plans and
 specifications for certain buildings to which the Chapter does not apply if
 the drawings and specifications are signed by the authors with the true title
 of their occupations; to amend Section 40-3-170, relating to service of
 process under the Architects Law, so as to replace "executive secretary" of
 the Board with "executive director" of the Board, with respect to certain
 duties or actions; and to amend Section 40-3-180, relating to the requirement
 that the person issuing a building permit must verify that the architect who
 sealed the architectural plans and specifications is an architect registered
 in South Carolina and exceptions, so as to delete certain provisions and
 provide that 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.-amended title

   03/21/91  Senate Introduced and read first time SJ-8
   03/21/91  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-10
   05/27/91  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-7
   06/05/91  Senate Read second time SJ-89
   06/05/91  Senate Unanimous consent for third reading on next
                     legislative day SJ-91
   06/06/91  Senate Read third time and sent to House SJ-30
   01/14/92  House  Introduced and read first time HJ-197
   01/14/92  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-199
   05/14/92  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-284
   05/27/92  House  Amended HJ-36
   05/27/92  House  Read second time HJ-38
   05/28/92  House  Read third time and returned to Senate with
                     amendments HJ-24
   06/02/92  Senate Concurred in House amendment and enrolled SJ-11
   06/04/92         Ratified R 531
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 446
   07/15/92         Copies available

AN ACT TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE ALSO MUST BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO PROVIDE THAT EVERY APPLICANT APPLYING FOR REGISTRATION SHALL PAY A NONREFUNDABLE SUM, AS DETERMINED BY THE BOARD, NOT TO EXCEED TWO HUNDRED, RATHER THAN ONE HUNDRED, DOLLARS, AND PROVIDE THAT 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, RATHER THAN FIVE HUNDRED, DOLLARS; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL ASSOCIATION/CORPORATION", REQUIRE THE PAYMENT OF AN ANNUAL RENEWAL FEE NOT TO EXCEED TWO HUNDRED, RATHER THAN ONE HUNDRED, DOLLARS AS DETERMINED BY THE BOARD, AND PROVIDE FOR A PENALTY OF FIFTY, RATHER THAN TWENTY-FIVE, DOLLARS FOR RENEWAL AT ANY TIME WITHIN ONE YEAR FROM THE DATE OF EXPIRATION UPON PAYMENT OF THE RENEWAL FEE; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT 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.

Be it enacted by the General Assembly of the State of South Carolina:

Qualifications further defined

SECTION 1. Section 40-3-30 of the 1976 Code is amended to read:

"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."

Crime of moral turpitude

SECTION 2. The last paragraph of Section 40-3-60 of the 1976 Code is amended to read:

"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."

Amounts changed

SECTION 3. Section 40-3-80 of the 1976 Code, as last amended by Act 440 of 1988, is further amended to read:

"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."

Fee, penalty changed, etc.

SECTION 4. Section 40-3-90 of the 1976 Code, as last amended by Act 440 of 1988, is further amended to read:

"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."

Entities referenced; fee; etc.

SECTION 5. Section 40-3-100(b) of the 1976 Code, as added by Act 440 of 1988, is amended to read:

"(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."

Entities referenced; language deleted; seal; etc.

SECTION 6. Section 40-3-110 of the 1976 Code, as last amended by Act 440 of 1988, is further amended to read:

"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."

Language deleted; Administrative Procedures Act

SECTION 7. The first paragraph of Section 40-3-120 of the 1976 Code, as last amended by Act 440 of 1988, is further amended to read:

"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 (c) 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."

Entities referenced

SECTION 8. Section 40-3-125 of the 1976 Code, as added by Act 440 of 1988, is amended to read:

"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."

Issuance of subpoenas, etc.

SECTION 9. Chapter 3, Title 40 of the 1976 Code is amended by adding:

"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. The circuit court having appropriate jurisdiction shall enforce any subpoena issued pursuant to this section."

Penalty increased

SECTION 10. Section 40-3-150 of the 1976 Code is amended to read:

"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."

Provisions deleted, added, etc.

SECTION 11. Section 40-3-160(3) of the 1976 Code is amended to read:

"(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."

Title of position changed

SECTION 12. Section 40-3-170 of the 1976 Code is amended to read:

"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."

Sealed set of plans specifications; language deleted; etc.

SECTION 13. Section 40-3-180 of the 1976 Code, as added by Act 440 of 1988, is amended to read:

"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."

Time effective

SECTION 14. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.