S*271 Session 112 (1997-1998)
S*0271(Rat #0505, Act #0424 of 1998) General Bill, By J.V. Smith
Similar(H 3381)
A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS
TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE
FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR
PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND,
AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE
THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR
DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
01/29/97 Senate Introduced and read first time SJ-9
01/29/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
03/05/97 Senate Committee report: Majority favorable with amend.,
minority unfavorable Labor, Commerce and
Industry SJ-13
03/12/97 Senate Minority report withdrawn SJ-35
03/13/97 Senate Amended SJ-26
03/13/97 Senate Read second time SJ-26
03/13/97 Senate Unanimous consent for third reading on next
legislative day SJ-26
03/14/97 Senate Read third time and sent to House SJ-1
03/18/97 House Introduced and read first time HJ-7
03/18/97 House Referred to Committee on Labor, Commerce and
Industry HJ-7
05/27/97 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-8
05/28/97 House Amended HJ-60
05/28/97 House Read second time HJ-60
05/29/97 House Read third time and returned to Senate with
amendments HJ-15
06/03/97 Senate Non-concurrence in House amendment SJ-75
06/03/97 House House insists upon amendment and conference
committee appointed Reps. Trotter, Phillips &
Law HJ-130
06/03/97 Senate Conference committee appointed Sens. Moore,
O'Dell, Alexander SJ-82
06/04/98 House Conference report received and adopted HJ-83
06/04/98 Senate Conference report received and adopted SJ-117
06/04/98 Senate Ordered enrolled for ratification SJ-137
06/10/98 Ratified R 505
06/12/98 Signed By Governor
06/12/98 Effective date 07/01/98
07/07/98 Debate adjourned
07/07/98 Act No. 424
(A424, R505, S271)
AN ACT TO AMEND CHAPTER 3, TITLE 40, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO
CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK
ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING
AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG
OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM
LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN
INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY
ACTION; AND TO REVISE EXAMINATION PROCEDURES.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 3, Title 40 of the 1976 Code is amended to read:
CHAPTER 3
Architects
Section 40-3-5. Unless otherwise provided in this chapter, Article 1,
Chapter 1 applies to architects; however, if there is a conflict between this
chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-3-10. (A) There is created the Board of Architectural
Examiners under the administration of the Department of Labor,
Licensing and Regulation. The purpose of this board is to regulate the
practice of architecture in South Carolina.
(B) The Board of Architectural Examiners consists of six persons.
One must be a professor of architecture in a university or college
controlled by the State who also must be an architect registered in the
State of South Carolina, four must be architects engaged in the practice
of architecture in this State, and one must be a representative of the
general public. Members serve terms of five years and until their
successors are appointed and qualify. No member may serve more than
two consecutive full terms, except the professor of architecture member.
Vacancies must be filled in the manner of the original appointment for the
unexpired portion of the term.
(C) Nominations for appointment to the board may be submitted to the
Governor from the board or any individual, group, or association.
Section 40-3-20. (1) 'Architect' means an individual who, by reason
of the individual's general knowledge of the principles of architecture
acquired by professional education and practical experience, is qualified
to engage in the practice of architecture as attested by the individual's
registration as an architect.
(2) 'Board' means the Board of Architectural Examiners.
(3) 'Firm' means a business entity functioning as a partnership, limited
liability partnership, professional association, professional corporation,
business corporation, limited liability company, or other firm association
which practices or offers to practice architecture.
(4) 'Full authority' means that amount of authority granted to a
regularly employed individual in unrestricted, unchecked, and unqualified
command of the architectural practice of a firm.
(5) 'Individual' means a single human being.
(6) 'Practice of architecture' means a service or creative work requiring
architectural education, training, and experience and the application of the
principles of architecture and related technical disciplines to the
professional services or creative work as consulting, evaluating, planning,
designing, specifying, coordinating of consultants, administration of
contracts, and reviewing of construction for the purpose of assuring
compliance with the specifications and design, in connection with a
building or site development.
(7) 'Professional degree' means the successful completion of a
National Architectural Accrediting Board accredited degree in
architecture.
(8) 'Responsible charge' means direct control and personal supervision
of the practice of architecture.
Section 40-3-30. (A) No individual may engage in the practice of
architecture without a license issued in accordance with this chapter. An
individual is considered to engage in the practice of or offer to engage in
the practice of architecture who in any manner represents himself to be an
architect or who performs or holds himself out as able to perform any
architectural service or other services recognized by educational
authorities as architecture.
(B) Only an individual licensed under this chapter may use the title
'architect'. An individual assuming the title of architect or engaging in the
practice of architecture in this State must be skilled in the principles of
design and construction so that the individual may be entrusted with the
design and review of construction of buildings without undue risk to the
public safety. Before assuming the title 'architect' or undertaking the
work, the individual shall have a certificate of registration from the board.
(C) A firm offering to engage in the practice of architecture in this
State must have a certificate of authorization issued by the board before
undertaking architectural work. Each firm must employ one or more
architects registered in this State who are designated as being in full
authority and responsible charge of the architectural practice.
Additionally, all personnel of the firm who act in its behalf as architects
in this State must be registered under this chapter and must hold a current
registration. If there is a change in ownership, management, or the
architect in responsible charge during the year, the change must be filed
with the board within thirty days.
(D) It is unlawful for an individual or firm to engage in the practice of
architecture in this State, to use the title 'architect', or to use or display any
title, sign, word, card, advertisement, or other device or method to
indicate that the individual or firm engages in or offers to engage in the
practice of architecture or is an architect, without being registered as an
architect or firm.
Section 40-3-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 40-1-50.
(B) Fees for examination, licensure, renewal, and other assessments
must be established by the board in regulation. Applicants must be
notified of the fee amount before payment.
Section 40-3-60. The board may adopt rules governing its
proceedings and shall elect a chairman, vice-chairman, and secretary who
shall serve a term of one year. The board may promulgate regulations
necessary to carry out the provisions of this chapter and shall adopt a seal
with which all its official documents must be sealed.
Section 40-3-70. In addition to the powers and duties provided for in
this chapter, the board has those powers and duties set forth in Section
40-1-70.
Section 40-3-80. (A) If the director of the Department of Labor,
Licensing and Regulation or the board has reason to believe that an
individual or firm has become unfit to engage in the practice of
architecture or has violated a provision of this chapter or a regulation
promulgated under this chapter or if an individual files a written
complaint with the board or the director of the Department of Labor,
Licensing and Regulation, charging an individual or firm with the
violation of a provision of this chapter or a regulation promulgated under
this chapter, the director or board may initiate an investigation.
(B) The board or a member of the board may issue subpoenas to
compel the attendance of witnesses and the production of documents and
also may administer oaths, take testimony, hear proofs, and receive
exhibits in evidence for all purposes required in the discharge of duties
under this chapter.
Section 40-3-90. Any hearing that is conducted as a result of an
investigation must be conducted in accordance with Section 40-1-90.
Section 40-3-100. In addition to other remedies provided in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 also may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-3-110. The board may cancel, fine, suspend, revoke, or
restrict the authorization to practice architecture of an individual who has
had a license to practice a profession or occupation regulated under Title
40 canceled, revoked, or suspended or who has otherwise been
disciplined.
Section 40-3-115. The board has jurisdiction over the actions of
licensees and former licensees as provided in Section 40-1-115.
Section 40-3-120. (A) The board may impose a civil fine of up to two
thousand dollars for each violation of a provision of this chapter or a
regulation promulgated under this chapter; however, the total fines may
not exceed ten thousand dollars.
(B) A final order of the board finding that a registrant is guilty of any
offense charged in a formal accusation becomes public knowledge except
for a final order dismissing the accusation or imposing a private
reprimand.
Section 40-3-130. As provided for in Section 40-1-130, the board may
deny licensure to an applicant based on the same grounds for which the
board may take disciplinary action against a licensee.
Section 40-3-140. A license may be denied based on a person's prior
criminal record only as provided in Section 40-1-140.
Section 40-3-150. A licensee under investigation for a violation of this
chapter or a regulation promulgated under this chapter may voluntarily
surrender the license in accordance with Section 40-1-150.
Section 40-3-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-3-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-3-180. All costs and fines imposed pursuant to this chapter
must be paid in accordance with and are subject to the collection and
enforcement provisions of Section 40-1-180.
Section 40-3-190. Investigations and proceedings conducted under this
chapter are confidential and all communications are privileged as
provided in Section 40-1-190.
Section 40-3-200. A person who engages in or offers to engage in the
practice of architecture in this State in violation of this chapter or who
knowingly submits false information for the purpose of obtaining a
license is guilty of a misdemeanor and, upon conviction, must be
imprisoned not more than one year or fined not more than fifty thousand
dollars.
Section 40-3-210. The Department of Labor, Licensing and
Regulation, on behalf of the board and in accordance with Section
40-1-120, may petition an administrative law judge, in the name of the
State, for injunctive relief against a person violating this chapter.
Section 40-3-230. (A) The privilege of engaging in the practice of
architecture is a personal privilege based upon the qualifications of the
individual and evidenced by the person's registration certificate which is
not transferable.
(B) The board shall review the applications of all applicants for
admission to practice architecture. The review shall consist of an inquiry
into the record, character, education, experience, knowledge, and
qualifications of the applicant. An applicant approved by the board as
qualified must take the National Council of Architectural Registration
Boards Architect Registration Examination (A.R.E.).
(C) To be licensed as an architect, an individual must:
(1) have a professional degree in architecture from a school or
college program accredited by the National Architectural Accrediting
Board (NAAB). The school or program must be accredited by NAAB not
later than two years after the applicant's graduation. Foreign-educated
applicants who do not hold an NAAB accredited degree may have their
educational credentials evaluated through Education Evaluation Services
for Architects (EESA) to determine if their foreign degree is equivalent
to an NAAB professional degree in architecture. Additionally,
foreign-educated applicants must satisfy National Council of Architectural
Registration Boards' general educational requirements;
(2) have satisfactorily completed the training requirements
established by the National Council of Architectural Registration Boards
(NCARB) for the Intern Development Program (IDP). Changes in the
program subsequently adopted by the board do not affect those persons
currently enrolled in a previously adopted IDP program;
(3) have attained a passing score on all subject areas of the NCARB
Architect Registration Examination (A.R.E.). Subject areas may include,
but are not limited to, predesign, site design, building design, structural
technology, materials and methods of construction, mechanical, plumbing,
electrical, acoustical, life safety systems, and construction documents and
services.
(D) An applicant may not be licensed as an architect if the individual
has been convicted of a felony or a crime of moral turpitude, misstated or
misrepresented any fact in connection with the application, violated any
of the rules of registrant conduct set forth in the law or regulations, or
practiced architecture without being registered. However, if an applicant
has committed any of these acts, the board may register the applicant on
the basis of suitable evidence of reform.
Section 40-3-240. (A) An application for licensure must be made on
board application forms. A completed application signed and sworn to by
the applicant must be filed with the board office and must be accompanied
by all applicable fees. No application may be considered until the fees
have been paid.
(B) The Architectural Registration Examination will be administered
in a format and manner prescribed by the National Council of
Architectural Registration Boards (NCARB) to all applicants for initial
licensure. Applicants must pass all subject areas. Scores for the
individual subject areas cannot be averaged. Applicants not passing all
subject areas of the examination retain credit for those subject areas
passed for four years from the date of the examination, after which time
those subject areas must be retaken.
(C) An applicant must satisfy the requirements of Section
40-3-230(C)(1) and (2) in order to be approved by the board to take the
Architectural Registration Examination. Once an applicant has been
approved to take the examination, the applicant does not lose eligibility
because of subsequent changes in the education or experience
requirements.
(D) The board may accept transfer credits for individual subject areas
of the examination passed by the applicant from another jurisdiction.
Section 40-3-250. (A) An individual and firm licensed under this
chapter shall satisfy license renewal requirements as established by the
board in regulation and annually shall pay the required renewal fee on a
date set by the board in order to continue practicing architecture in South
Carolina.
(B) Both individual and firm certificates may be renewed at any time
within one year from the date of expiration upon payment of the
established fee and a penalty of fifty dollars during the first thirty days
and an additional one hundred dollars thereafter during the year.
(C) If an individual or firm fails to renew within one year from the
date of expiration, the certificate may be reissued upon submission of a
new application accompanied by the application fee and approval by the
board.
Section 40-3-260. An architect registered in another state, territory, or
foreign country, having standards of registration equal to those in this
State, may be registered upon a satisfactory showing of character and
record only.
Section 40-3-270. (A) A firm desiring a certification of authorization
shall file with the board an application on forms provided by the board
and pay an application fee. Before a certificate of authorization may be
issued to an out-of-state business or professional corporation, the
corporation must be approved to transact business in this State. A copy
of the approved certificate of authority issued by the State must be filed
with the board application.
(B) A firm must maintain on file in the board office the name of the
individual in full authority and responsible charge and written evidence
of authority. Failure to provide accurate and timely information may
constitute a violation of this subsection.
(C) For the purpose of this chapter, a sole proprietorship means a
business in which one or more registered architects are engaged as
employees; however, the practice must be conducted under the name
registered with the board as an individual (i.e., John Doe, Architect). Any
other practice name, i.e., Doe & Company, or Doe &
Associates, requires a certification of authorization to practice.
(D) If a South Carolina firm seeks to register under a name referring
to persons rather than a trade name, the persons referred to in the firm's
name must be licensed as individual architects, engineers, land surveyors,
or landscape architects in this State.
(E) If an out-of-state firm seeks to register under a name referring to
persons rather than a trade name, the persons referred to in the firm's
name must be licensed as individual architects, engineers, land surveyors,
or landscape architects in this State or in another state or jurisdiction.
(F) The requirement to obtain a certificate of authorization applies to
associations for one or more projects but does not apply to an out-of-state
firm or individual retained by a registered South Carolina architect as a
consultant only.
(G) A registered architect practicing in his name who does not employ
a registered architect is not required to obtain a certificate of authority.
Section 40-3-280. (A) Every architect and firm practicing in this State
shall have a seal, the impression of which shall contain the name, the
place of business, and the words 'Registered Architect, State of South
Carolina' with which they shall stamp all drawings, prints, and
specifications for use in their profession.
(B) The seal of the individual architect in responsible charge, as well
as the seal of the firm, must appear as an original on each print of the
drawings and the index sheet, or sheets, of each set of specifications
offered to secure a building permit and one record set for use on the
construction site. The required seal identification may be a rubber stamp
impression placed on original drawings and specification copy. The
architect in responsible charge shall affix his signature over his seal.
Section 40-3-290. (A) Nothing in this chapter prohibits a general
contractor or a home builder from the preparation and use of details and
shop drawings, assembly or erection drawings, or graphic descriptions
used to detail or illustrate a portion of the work required to construct the
project in accordance with the plans and specifications prepared or to be
prepared under the requirements of this chapter.
(B) Nothing in this chapter prevents or affects the practice of any other
legally recognized profession.
(C) If the drawings and specifications are signed by the authors with
the true title of their occupations, this chapter does not apply to the
preparations of plans and specifications for:
(1) a building which is to be used for farm purposes only;
(2) a building less than three stories high and containing fewer than
five thousand square feet of total floor area except buildings of assembly,
institutional, educational, and hazardous occupancies as defined by the
Standard Building Code, regardless of area;
(3) a detached single-family or two-family dwelling, as defined in
Group R3 of the Standard Building Code, regardless of size, with each
unit having a grade level exit and sheds, storage buildings, and garages
incidental to the dwelling;
(4) alterations to a building to which this chapter does not apply, if
the alterations do not increase the areas and capacities beyond the limits
of this chapter or affect the structural safety of the building.
(D) Nothing in this chapter prevents or affects the practice of
engineering, as defined in Chapter 22 of Title 40, or architectural work
incidental to the practice of engineering.
Section 40-3-300. An architect may not enter into a contract for
professional services on any basis other than direct negotiation thereby
precluding participation in any system requiring a comparison of
compensation. However, an architect may state compensation to a
prospective client in direct negotiation where architectural services
necessary to protect the public health, safety, and welfare have been
defined.
Section 40-3-310. (A) Service of a notice provided for by law upon
a nonresident architect who has been admitted to the practice of
architecture or upon a resident architect who, having been admitted,
subsequently becomes a nonresident or after due diligence cannot be
found at his usual abode or place of business in this State, may be made
by leaving with the administrator of the board a copy of the notice and
any accompanying documents and by sending to the architect by certified
mail an attested copy, with an endorsement on the copy of the service
upon the administrator, addressed to the architect at his last known
address.
(B) The return receipt for the certified mail must be attached to and
made a part of the return of service of the notice by the board. The
chairman of the board before which there was pending a proceeding in
which notice has been given, as provided in this section, may order a
continuance as may be necessary to afford the architect reasonable
opportunity to appear and defend. The administrator shall keep a record
of the day of the service of the notice and any accompanying documents.
Section 40-3-320. The building official or other authority charged with
the responsibility of issuing building or other similar permits of any
county, municipality, or other subdivision, before issuing the permit, must
be in possession of a sealed set of plans and specifications for which the
seal of a registered architect is required and to verify that the architect
who sealed the architectural plans and specifications is an architect
registered in South Carolina.
Section 40-3-330. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.
Time effective
SECTION 2. This act takes effect July 1, 1998.
Approved the 12th day of June, 1998. |