H 3811 General Bill, By Wilkins, Cato, H.H. Clyborne and J. Rama
 A Bill to amend Chapter 3, Title 40, as amended, Code of Laws of South
 Carolina, 1976, relating to architects, so as to revise the requirements for
 the practice of architecture.

   04/10/91  House  Introduced and read first time HJ-14
   04/10/91  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-14
   05/13/92  House  Tabled in committee

A BILL

TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECTS, SO AS TO REVISE THE REQUIREMENTS FOR THE PRACTICE OF ARCHITECTURE.

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

SECTION 1. Chapter 3, Title 40 of the 1976 Code, as last amended by Act 316 of 1990, is further amended to read:

"Section 40-3-10. As used in this chapter:

(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 A 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 of whom five must be architects registered in the State of South Carolina. One Of the five architects registered in this State, one must be a professor of architecture in a university or college controlled by the State, and four must be reputable architects engaged in the actual practice of the profession in this State, and one. The other member 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. The board may incur other expenses as it considers necessary and proper to the administration and enforcement of for this chapter. 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 consistent 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. (A) The board shall, at each annual meeting and at other times as it may consider necessary, shall examine all applicants for admission to practice architecture. These examinations shall consist 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, may 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. 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. 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 Intern-Architect Development Program;.

(3) Attainments: a. A sound working knowledge of architectural design, planning, materials, construction, sanitation, mechanical equipment, costs, business administration, building law, and professional practice and ethics;.

(4)(B) 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.

(C) Any A 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 An 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 before being examined, a sum commensurate with the cost of administering the examination, as determined by the board, not to exceed five hundred dollars.

Section 40-3-90. Every An architect, architectural firm, architectural business corporation, architectural professional association/corporation, and architectural partnership continuing to practice practicing 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 its 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 fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the first year.

Section 40-3-100. (a)(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)(B) Nothing in subsection (a)(A) of this section shall may be construed to prevent the formation of partnerships, corporations, or professional associations/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, or professional association/corporation as partners, associates, officers, employees or agents, or the offering or rendering of architectural services by business corporation, partnership, or professional association/corporation through individual architects registered under this chapter is permitted, subject to the provisions of this chapter; provided, that (i). However, if:

(a) 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 or professional association/corporation, are designated as being responsible for the professional services described in Section 40-3-10 of the business corporation, partnership, or professional association/corporation and are architects under this chapter; and (ii)

(b) all personnel of the business corporation, partnership, or professional association/corporation, who act in its behalf as architects, are registered under this chapter; and

(iii)

(c) the business corporation, partnership, or professional association/corporation has been issued a certificate of authorization by the board, as hereinafter provided in this section.

(2) A business corporation, partnership, or professional association/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/corporation and also of an individual or individuals duly registered to practice architecture in this State who shall be are in responsible charge of the practice of architecture in this State through the business corporation, partnership, or professional association/corporation, 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 is a change in any of these persons during the year, such the change shall must be designated on the same form and filed with the board within thirty days at after 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 the business corporation, partnership, or professional association/corporation, and such which business corporation, partnership, or professional association/corporation shall be is authorized to contract for and to collect fees for architectural services.

Section 40-3-110. Every An architect, architectural firm, architectural business corporation, architectural professional association/corporation, or architectural partnership practicing in this State shall have a seal, the impression of which shall contain contains the name, the place of business, and the words `Registered Architect, State of South Carolina' with which they it 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/corporation, or partnership must appear on each print of the final drawings and the title page of each set of specifications, original drawings, or prints as an original on each print of the drawings and the index 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 When the board has reason to believe that any a registrant has become unfit to practice architecture or has violated any of the provisions a provision of this chapter or regulation of the board or, whenever when a written complaint charging the holder of a registration certificate with the violation of any a provision of this chapter is filed with the board, the board shall initiate an investigation within thirty days. If after the 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 least ninety days prior to the date of the hearing pursuant to the Administrative Procedures Act. 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:

(1) be confronted with and to cross-examine the witnesses against him, (b) to;

(2) have witnesses subpoenaed in his behalf, and (c) to; and

(3) be heard in person and by counsel.

Any A 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 an 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 also may also impose restraint upon the registrant as circumstances warrant until the registrant demonstrates to the board adequate professional competence. The board also 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 A final order of the board finding that a registrant is guilty of any an 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 A 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).

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, or professional association/corporation that is not in compliance with the provisions of Section 40-3-100. The board also 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.

Section 40-3-130. It is a misdemeanor unlawful for any a 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 also 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 a 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 one of its members may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs, and received exhibits in evidence for all purposes required in the discharge of its duties. The enforcement of subpoenas will fall within the jurisdiction of the circuit court.

Section 40-3-140. As cumulative of In addition to any other remedy or criminal prosecution, whenever when it appears to the board that any a person violated any of violates 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, alleging the facts and praying for requesting 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, the court in which the proceeding has been filed shall issue a temporary restraining order or injunction and, upon. Upon a final hearing, the court shall grant and issue an injunction, including mandatory injunction, upon finding the truth and sufficiency of the allegations of the petition. The court 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 for 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 A person violating who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one five hundred dollars nor more than one 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)(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.

(2)(B) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.

(3)(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:

(a)(1) a building which is to be used for farm purposes only;

(b)(2) a building containing less than six five 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;

(c)(3) family residences up to four units attached with each unit having a grade level exit a detached single or two-family dwelling with each unit having a grade level exit and any sheds, storage buildings, and garages incidental to it;

(d)(4) a place of assembly having a capacity not in excess of seventy-five fifty persons as calculated in accordance with the Standard Building Code, which is one story, and which is not a part of or physically connected to buildings of a different occupancy;

(e)(5) mercantile and industrial buildings not having a capacity in excess of one hundred persons as calculated in accordance with the Standard Building Code. warehouses containing less than ten thousand square feet of total floor area;

(f)(6) alterations to any buildings 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.

(4)(D) 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 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 a notice provided for by law upon any a nonresident architect who has been admitted to the practice of architecture or upon any 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 executive secretary 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 secretary 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 secretary 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 architectural plans and specifications and, to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina. This section does not apply applies to all 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 except those specifically excluded in Section 40-3-160."

SECTION 2. This act takes effect upon approval by the Governor.