A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-3-25 SO AS TO DELINEATE ACTIONS THAT CONSTITUTE THE PRACTICE OF REGISTERED INTERIOR DESIGN AND SPECIFY EXCLUSIONS; BY AMENDING SECTIONS 40-3-5; 40-3-10; 40-3-20; 40-3-30; 40-3-80; 40-3-110; 40-3-115; 40-3-130; 40-3-140; 40-3-150; 40-3-200; 40-3-230; 40-3-240; 40-3-250; 40-3-260; 40-3-270; 40-3-280; 40-3-290; 40-3-300; 40-3-310; AND 40-3-320, ALL RELATING TO THE REGULATION OF ARCHITECTS, SO AS TO INCORPORATE PROVISIONS SIMILARLY REGULATING REGISTERED INTERIOR DESIGNERS; AND BY REDESIGNATING CHAPTER 3, TITLE 40, AS "ARCHITECTS AND REGISTERED INTERIOR DESIGNERS."

 

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

 

SECTION 1.  Section 40-3-5 of the S.C. Code is amended to read:

 

    Section 40-3-5.  Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to architects and registered interior designers;  however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.

 

SECTION 2.  Section 40-3-10(A) and (B) of the S.C. Code is amended to read:

 

    (A) There is created the Board of Architectural Examiners and Registered Interior Designers under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of architecture and the practice of registered interior design in South Carolina.

    (B) The Board of Architectural Examiners and Registered Interior Designers consists of sixnine 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, three must be registered interior designers engaged in the practice of interior design in the State or professors of interior design in a public institutions of higher learning in this State who must be a registered interior designer 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.

 

SECTION 3.  Section 40-3-20 of the S.C. Code is amended to read:

 

    Section 40-3-20. For purposes of this chapter:

    (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 and Registered Interior Designers.

    (3) "Firm practice of architecture" 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) "Firm practice of Interior Design" means the practice of registered interior design by a registered interior design firm organized or domesticated in this State that holds a firm certificate.

    (4)(5) "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)(6) "Individual" means a single human being.

    (6)(7) "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.

    (8) "Practice of registered interior design" means the design of an interior space as part of an interior alternation or construction project including the preparation analysis, planning, design, documentation, and management of interior nonstructural construction and alteration projects in compliance with applicable building design and construction, fire, life safety, and energy codes, standards, regulations, and guidelines. The practice of registered interior design also includes and excludes the specific matters found in Section 40-3-25.

    (7)(9) "Professional degree" means:

           (a) with respect to architects, the successful completion of a National Architectural Accrediting Board accredited degree in architecture.; and

           (b) with respect to registered interior designers, the successful completion of a degree in interior design.

    (10) "Registered interior designer" means a person who is duly registered and who is qualified by education, experience, and examination to engage in the practice of interior design as authorized by the board.

    (8)(11) "Responsible charge" means direct control and personal supervision of the practice of architecture.

    (9)(12) "Emeritus architect" means an architect who has been registered for ten consecutive years or longer and who is sixty-five years of age or older and who has retired from active practice.

    (13) "Emeritus Registered Interior Designer" means an interior designer who has been registered for ten consecutive years or longer and who is sixty-five years of age or older and who has retired from active practice.

    (10)(14) "Retired from active practice" means not engaging or offering to engage in the practice of architecture as defined in this section.

    (11)(15) "Intern architect" means a person who:

       (a) has completed a NAAB accredited first professional degree and is eligible in all respects for licensure through examination;

       (b) is currently enrolled in and actively participating in the Architectural Experience Program or who has completed the Architectural Experience Program;  and

       (c) is employed by a firm which is lawfully engaged in the practice of architecture in this State.; provided, however:

       (d) Aa person may use the title "Intern Architect" only in connection with the person's employment with the firm in which the person is an intern. The title may not be used to advertise or offer to the public that the person is performing or offering to perform architectural services, and the person may not include himself in any listing of architects or in any listing of persons performing architectural services. The person may use a business card identifying himself as an "Intern Architect," if the business card also includes the name of the architectural firm in which the person is an intern.

 

SECTION 4.  Chapter 3, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-3-25. (A) The practice of registered interior design includes:

        (1) programming, space planning, predesign analysis, and conceptual design of interior nonstructural elements;

        (2) preparation of documents and technical submissions related to interior construction, finish materials, furnishings, fixtures, and equipment;

        (3) renderings of designs, plans, drawings, specifications, contract documents, and other interior technical submissions;

        (4) administration of interior nonstructural elements;

        (5) preparation of a physical plan of space within a proposed or existing building or structure including any or all of the following:

            (a) determinations of circulation systems or patterns;

            (b) determinations of egress requirements based on occupancy loads;

            (c) assessment and analysis of interior safety factors to comply with building codes related to interior nonstructural elements;

            (d) design of exit access and exit components of means of egress system within a building based on the calculated occupant load;

            (e) interior material selection and application for all portions of an interior construction project, including means of egress systems; and

            (f) compliance with applicable building design and construction, accessibility standards, fire, life safety, and energy codes, standards regulations and guidelines.

    (B) The practice of registered interior design does not include:

        (1) services that constitute the practice of professional engineering or professional architecture, except as otherwise provided in this chapter; and

        (2) the making of changes or additions to any of the following:

           (a) the structural system of a building, including changing the buildings live or dead load on the structural system;

            (b) seismic-rated walls and assemblies;

            (c) fire rated walls and assemblies;

           (d) the building envelope, including exterior walls, exterior wall coverings, exterior wall openings, exterior windows and doors, architectural trim, balconies and similar projections, bay and oriel windows, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical and sloped applications in building and structures;

            (e) the mechanical, plumbing, heating and air conditioning, ventilation, electrical, vertical transportation, fire sprinkler systems or fire alarm systems;

           (f) means of egress systems, except for the exit access component;

           (g) construction that materially affect life safety systems pertaining to fire safety of structural elements or the fire protection of structural elements, smoke evacuation and compartmentalization systems, or fire-rated vertical shafts in multistory structures;

           (h) changes of building use to occupancies not already allowed by current building; and

           (i) the construction classification of the building or structure according to the international building code.

 

SECTION 5.  Section 40-3-30 of the S.C. Code is amended to read:

 

    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) Only an individual registered under this chapter as an interior designer may use the title "registered interior designer." An individual who assumes the title of registered interior designer or engages in the practice of registered interior design in this State must be skilled in the principles of design and construction so that the individual may be entrusted with design and review of nonstructural interior construction without undue risk to public safety. Before assuming the title registered interior designer or undertaking the work of an interior designer, the individual shall be registered with the board.

    (C)(D) A firm offering to engage in the practice of architecture or registered interior design in this State must have a certificate of authorization issued by the board before undertaking architectural work or registered interior design work. Each firm must employ one or more architects or interior designers registered in this State who are designated as being in full authority and responsible charge of the architectural or registered interior design practice. Additionally, all personnel of the firm who act in its behalf as architects or interior designers 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 or registered interior designer in responsible charge during the year, the change must be filed with the board within thirty days.

    (D)(E) 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 6.  Section 40-3-80(A) of the S.C. Code is amended to read:

 

    (A) If the director 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 registered interior design 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 directorDirector 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.

 

SECTION 7.  Section 40-3-110 of the S.C. Code is amended to read:

 

    Section 40-3-110.  The board may cancel, fine, suspend, revoke, or restrict the authorization to practice architecture or registered interior design 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 8.  Section 40-3-115 of the S.C. Code is amended to read:

 

    Section 40-3-115.  The board has jurisdiction:

    (1) over practice undertaken by nonlicensed or nonregistered individuals and firms and the actions committed or omitted by current and former licensees or registrants during the entire period of licensure and registration;  and

    (2) to act on any matter that arises during the practice authorization period of licensed or registered practitioners and firms, as provided for in Section 40-1-115.

 

SECTION 9.  Section 40-3-130 of the S.C. Code is amended to read:

 

    Section 40-3-130.  As provided for in Section 40-1-130, the board may deny licensure or registration to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or registrant.

 

SECTION 10. Section 40-3-140 of the S.C. Code is amended to read:

 

    Section 40-3-140.  A license or registration may be denied based on a person's prior criminal record only as provided in Section 40-1-140.

 

SECTION 11. Section 40-3-150 of the S.C. Code is amended to read:

 

    Section 40-3-150.  A licensee or registrant under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license or registration in accordance with Section 40-1-150.

 

SECTION 12. Section 40-3-200 of the S.C. Code is amended to read:

 

    Section 40-3-200.  A person who engages in or offers to engage in the practice of architecture or registered interior design in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license or registration 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 13. Section 40-3-230 of the S.C. Code is amended to read:

 

    Section 40-3-230.  (A) The privilege of engaging in the practice of architecture or registered interior design 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 or registered interior design. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An architectural applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.). A registered interior designer's application approved by the board as qualified must take the National Council for Interior Design Qualification Examination (NCIDQ).

    (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) or the Canadian Architectural Certification Board (CACB). The school or program must be accredited by NAAB or CACB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an accredited degree from either accrediting body may have their educational credentials evaluated by an organization approved by the board to determine if their foreign degree is equivalent to the required 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 Architectural Experience Program (AXP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted (AXP) 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) To be a registered interior designer, an individual must:

       (1) meet the educational requirements set for by the Council for Interior Design Qualification to sit for the NCIDQ exam, which includes a minimum of sixty semester hours or ninety quarter credit hours, or post-secondary interior design coursework that encompasses a degree, certificate, or diploma from an approved educational program;

       (2) have completed the required hours of supervised professional experience as outlined by the Council for Interior Design Qualification for eligibility to sit for the examination, which must be documented under the supervision of a registered interior designer or a professional equivalent; and

       (3) have attained a passing score on all sections of the NCIDQ Examination. The examination consists of three sections: the Fundamentals Exam (IDFX), the Professional Exam (IDPX), and the Practicum Exam (PRAC), which test competency in design principles, building codes, systems, materials, and professional practice.

    (D)(E) An applicant may not be licensed as an architect or registered  as an interior designer 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 14. Section 40-3-240 of the S.C. Code is amended to read:

 

    Section 40-3-240.  (A) An application for licensure or registration 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. Application fees are nonrefundable.

    (B) The Architectural Registration Examination must 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 within the time prescribed by the National Council of Architectural Registration Boards (NCARB). Scores for the individual subject areas must not be averaged.

    (C) The National Council for Interior Design Qualification Examination must be administered in a format and manner prescribed by the Council for Interior Design Qualification (CIDQ) to all applicants for initial registration. Applicants must pass all subject areas within the time prescribed by the Council for Interior Design Qualification (CIDQ).

    (C)(D) An applicant must satisfy the requirements of Section 40-3-230(C)(1) and must be currently enrolled and actively participating in the Architectural Experience Program or be a student actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within an NAAB-accredited professional degree program in architecture in order to be approved by the board to take the Architectural Registration Examination. Once an applicant has been approved to take the examination, any subsequent changes in the education or experience requirements do not affect the applicant's eligibility to take the examination.

    (D)(E) The board may accept transfer credits for individual subject areas of the examination passed by the applicant from another jurisdiction.

 

SECTION 15. Section 40-3-250 of the S.C. Code is amended to read:

 

    Section 40-3-250.  (A) An individual and firm licensed or registered under this chapter shall satisfy license or registration renewal requirements as established by the board in regulation, which must include continuing education requirements for individuals. An individual shall complete a minimum of twelve continuing education hours annually in topics related to safeguarding health, safety, and welfare. Emeritus architects and emeritus registered interior designers are not required to meet continuing education requirements. Individuals and firms 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.

    (D) Emeritus architects and emeritus registered interior designers who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed two years. Applicable fees also must be paid.

    (E) Registrants must comply with continuing education audit deadlines and requirements.

 

SECTION 16. Section 40-3-260 of the S.C. Code is amended to read:

 

    Section 40-3-260.  An architect or registered interior designer 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 17. Section 40-3-270 of the S.C. Code is amended to read:

 

    Section 40-3-270.  (A) A firm desiring a certificate 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 or registered interior designers 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/Registered Interior Designer). Any other practice name, i.e., Doe & Company, or Doe & Associates, requires a certificate 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, or registered interior designers 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, or registered interior designers 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 or registered South Carolina interior designer as a consultant only.

    (G) A registered architect or registered interior designer practicing in his name who does not employ a registered architect or registered interior designer is not required to obtain a certificate of authority.

 

SECTION 18. Section 40-3-280 of the S.C. Code is amended to read:

 

    Section 40-3-280.  (A) Every architect, registered interior designer, and firm practicing in this State shall have a seal containing the name, the place of business, and the words "Registered Architect, State of South Carolina" or "Registered Interior Designer, State of South Carolina," with which they shall seal all drawings, prints, and specifications for use in their profession. The seal must be of a design, content, and size prescribed by the board. A registered interior designer shall only sign and seal an interior technical submission within the scope of practice.

    (B) The seal of the individual architect or registered interior designer in responsible charge, as well as the seal of the firm, must appear 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 or registered interior designer in responsible charge shall affix his signature over his seal. An electronic seal and signature may be used in lieu of an original seal and signature by applicable policy or regulation.

    (C) A registered interior designer shall possess the authority to sign and seal interior technical submission covering the scope of practice of registered interior design and shall have the authority to submit construction documents where the registered interior designer is the contract holder and Designer of Record to a state or local government entity for the purpose of obtaining requisite permits for an interior construction project. A registered interior designer may only sign and seal interior technical submissions within the scope of practice of interior design defined by this chapter.

 

SECTION 19. Section 40-3-290 of the S.C. Code is amended by adding:

 

    (E) A person who prepares drawings of the layout of materials or furnishings or in the selection of materials or furnishings used in interior design, including:

       (1) decorative accessories;

       (2) wallcoverings, wall finishes, or paint;

       (3) floor coverings, tile, wood, stone, or concrete;

       (4) window coverings;

       (5) light fixtures which do not disrupt structural elements;

       (6) plumbing fixtures which do not disrupt structural elements;

       (7) professional services limited to the design of  kitchen and bath spaces or the specification of products for kitchen and bath areas in noncommercial settings; and

       (8) furniture, equipment, cabinetry, or millwork, if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule, or regulation governing the alteration or construction of a structure.

 

SECTION 20. Section 40-3-300 of the S.C. Code is amended to read:

 

    Section 40-3-300.  An architect or registered interior designer 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 or registered interior designer may state compensation to a prospective client in direct negotiation where architectural or registered interior design services necessary to protect the public health, safety, and welfare have been defined.

 

SECTION 21. Section 40-3-310 of the S.C. Code is amended to read:

 

    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 registered interior design, or upon a resident architect or registered interior designer 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 or registered interior designer 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 or registered interior designer 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 22. Section 40-3-320 of the S.C. Code is amended to read:

 

    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 or registered interior designer is required and to verify that the architect or registered interior designer who sealed the architectural plans and specifications is an architect or interior designer registered in South Carolina.

 

SECTION 23. Chapter 3, Title 40 of the S.C. Code is redesignated "Architects and Interior Designers."

 

SECTION 24. This act takes effect upon approval by the Governor.

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