S*607 Session 107 (1987-1988)
S*0607(Rat #0484, Act #0440 of 1988) General Bill, By Senate General
A Bill to amend Section 40-3-10, Code of Laws of South Carolina, 1976,
relating to definitions for registration of architects, so as to define
"professional degree" and "responsible change"; to amend Section 40-3-60,
relating to qualifications for sitting the licensure examination, so as to
provide that after June 30, 1993, applicants retain credit for divisions of
the exam that they passed for four years from the date of the examination
after which these divisions must be retaken, to provide that a professional
degree is equivalent to five years' work experience, to require examination
applicants after June 30, 1993, to meet the experience requirements of the
National Council of Architectural Registration Boards, to provide that
applicants once qualified to stand the exam do not lose eligibility because of
changes in experience requirements; to amend Section 40-3-80, relating to the
examination application fee, so as to allow the Board of Architectural
Examiners to set a fee not exceeding one hundred dollars; to amend Section
40-3-90, relating to the annual renewal fee, so as to increase the penalty for
late payment; to amend Section 40-3-100, relating to requirements for the
practice of architecture by architectural firms, so as to provide for
certificates of authorization for firms to contract for and collect fees for
architectural services and to establish the requirements for the certificates;
to amend Section 40-3-110, relating to the required use of the architect's
seal, so as to clarify the definition of architect; to amend Section 40-3-120,
relating to disciplinary hearings, so as to revise the procedure governing
disciplinary hearings and to authorize the Board to impose a civil penalty not
exceeding two thousand dollars for each violation and ten thousand dollars for
all violations; to amend the 1976 Code by adding Sections 40-3-125 and
40-3-180 so as to authorize the Board to revise or suspend the certificate of
authorization of a firm and impose a civil penalty not to exceed two thousand
dollars for each violation and ten thousand dollars for all violations and to
require authorities issuing building permits to verify that the architect who
sealed the architectural plans and specifications is registered in this State
and to provide exemptions.-amended title
04/01/87 Senate Introduced, read first time, placed on calendar
without reference SJ-1106
04/02/87 Senate Read second time SJ-1156
04/07/87 Senate Read third time and sent to House SJ-1179
04/08/87 House Introduced and read first time HJ-1672
04/08/87 House Referred to Committee on Labor, Commerce and
Industry HJ-1673
03/09/88 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1826
03/16/88 House Objection by Rep. Arthur, EB McLeod, Jones &
Gordon HJ-2148
03/17/88 House Objection withdrawn by Rep. Arthur, Jones &
Gordon HJ-2168
03/17/88 House Amended HJ-2169
03/17/88 House Read second time HJ-2170
03/17/88 House Unanimous consent for third reading on next
legislative day HJ-2170
03/18/88 House Read third time HJ-2179
03/18/88 House Returned HJ-2179
03/24/88 Senate Concurred in House amendment and enrolled SJ-3
04/12/88 Ratified R 484
04/18/88 Signed By Governor
04/18/88 Effective date 04/18/88
04/18/88 Act No. 440
04/25/88 Copies available
(A440, R484, S607)
AN ACT TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL
DEGREE" AND "RESPONSIBLE CHARGE"; TO AMEND SECTION 40-3-60,
RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO
PROVIDE THAT AFTER JUNE 30, 1993, APPLICANTS RETAIN CREDIT FOR DIVISIONS OF THE
EXAM THAT THEY PASSED FOR FOUR YEARS FROM THE DATE OF THE EXAMINATION AFTER WHICH
THESE DIVISIONS MUST BE RETAKEN, TO PROVIDE THAT A PROFESSIONAL DECREE IS
EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE, TO REQUIRE EXAMINATION APPLICANTS
AFTER JUNE 30, 1993, TO MEET THE' EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL
OF ARCHITECTURAL REGISTRATION BOARDS, TO PROVIDE THAT APPLICANTS ONCE QUALIFIED
TO STAND THE EXAM DO NOT LOSE ELIGIBILITY BECAUSE OF CHANCES IN EXPERIENCE
REQUIREMENTS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION
FEE, SO AS TO ALLOW THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE NOT
EXCEEDING ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL
RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION
40-3-100, RELATING TO REQUIREMENTS FOR THE PRACTICE OF ARCHITECTURE BY
ARCHITECTURAL FIRMS, SO AS TO PROVIDE FOR CERTIFICATES OF AUTHORIZATION FOR FIRMS
TO CONTRACT FOR AND COLLECT FEES FOR ARCHITECTURAL SERVICES AND TO ESTABLISH THE
REQUIREMENTS FOR THE CERTIFICATES; TO AMEND SECTION 40-3-110, RELATING TO THE
REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF
ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO DISCIPLINARY HEARINGS, SO AS
TO REVISE THE PROCEDURE GOVERNING DISCIPLINARY HEARINGS AND TO AUTHORIZE THE
BOARD TO IMPOSE A CIVIL PENALTY NOT EXCEEDING TWO THOUSAND DOLLARS FOR EACH
VIOLATION AND TEN THOUSAND DOLLARS FOR ALL VIOLATIONS; TO AMEND THE 1976 CODE BY
ADDING SECTIONS 40-3-125 AND 40-3-180 so AS TO AUTHORIZE THE BOARD TO REVISE OR
SUSPEND THE CERTIFICATE OF AUTHORIZATION OF A FIRM AND IMPOSE A CIVIL PENALTY NOT
TO EXCEED TWO THOUSAND DOLLARS FOR EACH VIOLATION AND TEN THOUSAND DOLLARS FOR
ALL VIOLATIONS AND TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT
THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS REGISTERED
IN THIS STATE AND TO PROVIDE EXEMPTIONS
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 40-3-10 of the 1976 Code is amended by adding:
"(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."
Examinations
SECTION 2. Section 40-3-60 of the 1976 Code is amended to read:
"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, 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."
Fee
SECTION 3. Section 40-3-80 of the 1976 Code is 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 one 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 five hundred
dollars."
Fee
SECTION 4. Section 40-3-90 of the 1976 Code is amended to read:
"Section 40-3-90. Every architect, architectural firm, architectural
corporation, architectural professional association, 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 one 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 twenty-five dollars during the first thirty days and an additional one
hundred dollars thereafter during the first year."
Seal
SECTION 5. Section 40-3-110 of the 1976 Code is amended to read:
"Section 40-3-110. Every architect, architectural firm, architectural
corporation, architectural professional association, 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, corporation, professional association, or partnership must appear
on each print of the final drawings and the title page of each set of
specifications, original drawings, or prints. 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." Disciplinary action
SECTION 6. Section 40-3-120 of the 1976 Code is amended to read:
"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 at ]east ninety days prior to the date of the hearing. 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.
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 in accordance with the Administrative Procedures Act
(Chapter 23 of Title 1)."
Building permit
SECTION 7. Chapter 3 of Title 40 of the 1976 Code is amended by adding:
"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 verify that the architect who sealed the architectural plans and
specifications is an architect registered in South Carolina. This section does
not apply to buildings or structures containing less than six thousand square
feet of total floor area except buildings of institutional, educational, and
hazardous occupancies as defined by the Standard Building Code, regardless of
area, nor to any other exclusions provided in Section 40-3-160."
Practice
SECTION 8. Section 40-3-100 of the 1976 Code is amended to read:
"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, corporations, or professional associations 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 corporation as officers, employees or agents, or through a partnership, or
professional association as partners, associates, officers, employees or agents,
or the offering or rendering of architectural services by corporation,
partnership, or professional association through individual architects registered
under this chapter is permitted, subject to the provisions of this chapter;
provided, that (i) one or more of the corporate officers in the case of a
corporation, or one or more of the partners or associates in the case of a
partnership or professional association, are designated as being responsible for
the professional services described in Section 40-3-10 of the corporation,
partnership, or professional association and are architects under this chapter;
and (ii) all personnel of the corporation, partnership, or professional
association, who act in its behalf as architects, are registered under this
chapter; and (iii) the corporation, partnership, or professional association has
been issued a certificate of authorization by the board, as hereinafter provided.
(2) A corporation, partnership, or professional association 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 corporation, or officers and
partners of the partnership, or associates in the professional association and
also of an individual or individuals duly registered to practice architecture in
this State who shall be in responsible charge of the practice of architecture in
this State through the corporation, partnership, or professional association, and
other information required by the board accompanied by an original authorization
fee to be determined by the board not to exceed one hundred dollars. 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, such change
shall 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 such
corporation, partnership, or professional association, and such corporation,
partnership, or professional association shall be authorized to contract for and
to collect fees for architectural services."
Suspension
SECTION 9. Chapter 3 of Title 40 of the 1976 Code is amended by adding:
"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
corporation, partnership, or professional association that is not in compliance
with the provisions of Section 40-3-100. 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 for these violations may not exceed ten thousand dollars."
Time effective
SECTION 10. This act takes effect upon approval by the Governor. |