H 3811 Session 109 (1991-1992)
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.
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