South Carolina General Assembly
107th Session, 1987-1988

Bill 607


                    Current Status

Bill Number:               607
Ratification Number:       484
Act Number                 440
Introducing Body:          Senate
Subject:                   Relating to definitions for registration
                           of architects
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.