Chapter 763 Oregon Laws 2003

AN ACT

SB 934

Relating to architects; amending ORS 671.010, 671.020, 671.030, 671.065, 671.080 and 671.085.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.010 is amended to read:

671.010. As used in ORS 671.010 to 671.220, unless the context requires otherwise:

(1) “Architect” means an individual qualified and licensed to practice architecture under ORS 671.010 to 671.220.

(2) “Board” means the State Board of Architect Examiners.

(3) “Building” means any structure consisting of foundations, floors, walls and roof, having footings, columns, posts, girders, beams, joists, rafters, bearing partitions, or a combination of any number of these parts, with or without other parts or appurtenances thereto.

[(4) “Council” means the National Council of Architectural Registration Boards (NCARB).]

(4) “Consulting architect” means a person who is licensed by a jurisdiction in the United States or Canada to use the title of “Architect” and engage in the unlimited practice of architecture and who is not subject to practice restrictions as the result of disciplinary action by any architect licensing board.

(5) “Foreign architect” means a person who is licensed by a country other than the United States or Canada to use the title of “Architect” and engage in the unlimited practice of architecture and who is not subject to practice restrictions as a result of disciplinary action by the architect licensing board issuing the license.

[(5)] (6) “Practice of architecture” means [any one or combination of the following practices by a person:] the planning, designing or [supervision] supervising of the erection, enlargement or alteration of any building or of any appurtenance thereto other than exempted buildings. [“Practice of architecture” does not include any contractor or duly appointed superintendent or foreman directing the work of erection, enlargement or alteration of any building or any appurtenance thereto, under the supervision of a registered architect or registered professional engineer, as provided by ORS 671.010 to 671.220.]

[(6)] (7) “Registered professional engineer” means a person defined [by] in ORS 672.002 and described in ORS 672.002 to 672.325.

[(7)] (8) “State Building Code” means the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

SECTION 2. ORS 671.020 is amended to read:

671.020. (1) In order to safeguard [life,] health, safety and [property] welfare and to eliminate unnecessary loss and waste in this state, [no] a person [shall] may not practice the profession of architecture or assume or use the title of “Architect”[,] or any title, sign, cards or device indicating, or tending to indicate, that [such] the person is practicing architecture or is an architect[,] or represent in any manner that [such] the person is an architect, without first qualifying before the State Board of Architect Examiners and obtaining a certificate of registration as provided by ORS 671.010 to 671.220.

(2) Notwithstanding subsection (1) of this section, a consulting architect may practice the profession of architecture if the consulting architect:

(a) Is affiliated with a board-certified architect who is in responsible charge of all aspects of the architectural services provided; and

(b) Uses the designation of “Consulting Architect, in consultation with,” followed by the name of the Oregon architect described in paragraph (a) of this subsection and the name of the architectural firm.

(3) Notwithstanding subsection (1) of this section, a foreign architect may practice architecture if:

(a) The foreign architect is affiliated with a board-certified architect who is in responsible charge of all aspects of the architectural services provided;

(b) The foreign architect uses the designation of “Foreign Architect, in consultation with,” followed by the name of the Oregon architect described in paragraph (a) of this subsection and the name of the architectural firm; and

(c) The board determines that the jurisdiction in which the foreign architect is licensed has adequate education and training standards. The board, by rule, may recognize agreements between a national certification organization and the foreign jurisdiction as proof of education and training standards.

[(2)] (4) [No] A person [shall] may not practice or attempt to practice the profession of architecture, or assume the title of “Architect,” “Consulting architect” or “Foreign architect,” or use in connection with the business of [such] the person any words, letters or figures indicating the title of “Architect,” “Consulting architect” or “Foreign architect” without first complying with ORS 671.010 to 671.220.

[(3)] (5) Every registered architect shall, upon registration, obtain a stamp of the design authorized by the board, bearing the name of the registrant and the legend “Registered Architect, State of Oregon.” All drawings and the title page of all specifications intended [to be used] for use as construction documents in the practice of architecture [shall] must bear the stamp of a registered architect and [shall] be signed by the architect. The stamp and signature [shall] constitute certification that the architect has exercised the requisite professional judgment about and made the decisions upon all matters embodied within those construction documents, that [such] the documents were prepared either by the architect or under the direct control and supervision of the architect and that the architect accepts responsibility for them.

[(4)] (6) A licensed architect shall pursue the profession under the architect’s own name only, as it appears in the architect’s license, except as provided by ORS 671.041.

SECTION 3. ORS 671.030 is amended to read:

671.030. (1) ORS 671.010 to 671.220 do not [affect or prevent] apply to the practice of naval or landscape architecture or of engineering by a registered professional engineer or a person engaged in architecture or engineering work as an employee of an architect or registered professional engineer.

(2) ORS 671.010 to 671.220 do not [prevent] prohibit:

(a) Draftsmen, clerks of the work, superintendents and other employees of registered architects and registered professional engineers from acting under the instructions, control or supervision of their employers. A draftsman, clerk, superintendent or other employee [shall] may not use the designation “architect,” “architectural” or “architecture” unless licensed under the provisions of ORS 671.010 to 671.220, or unless a title containing the designation is provided by rule of the State Board of Architect Examiners.

[(2)] (b) [ORS 671.010 to 671.220 do not prevent] A person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building:

(A) Is to be used for a single family residential dwelling or farm building; or

(B) Is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock.

(c) [ORS 671.010 to 671.220 do not prevent] A person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.

[(3)] (d) [ORS 671.010 to 671.220 do not prevent] A person from planning, designing, specifying or supervising the alterations or repairs to a building if:

(A) The structural part of [a] the building, including but not limited to the foundation walls, floors, roof, footings, bearing partitions, beams, columns and joists, is not involved;[, or if the occupancy or the code-related classification of the building has not been changed.]

(B) The building code classification by use or occupancy of the building is not changed; and

(C) The building code classification by type of construction of the building is not changed.

(e) A contractor or duly appointed superintendent or foreman from directing the work of erecting, enlarging or altering a building, or an appurtenance thereto, under the supervision of a registered architect or registered professional engineer.

[(4)] (f) [ORS 671.010 to 671.220 do not prevent] A person practicing marine, naval or landscape architecture from purporting to be a marine, naval or landscape architect if the work is confined and limited to those classifications.

[(5)] (g) [ORS 671.010 to 671.220 do not prevent] A construction contractor licensed under ORS chapter 701 from offering services constituting the practice of architecture if:

[(a)] (A) The services are appurtenant to construction services to be provided by the contractor;

[(b)] (B) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and

[(c)] (C) The offer by the construction contractor discloses in writing that the contractor is not an architect and identifies the registered architect or architects [that] who will perform the services constituting the practice of architecture.

SECTION 4. ORS 671.065 is amended to read:

671.065. (1) The State Board of Architect Examiners may grant a certificate of registration without examination to any person who is not registered to practice architecture in this state but [who] is certified by the National Council of Architectural Registration Boards or has lawfully been issued a license or certificate to practice in another [state or territory] jurisdiction of the United States[, the District of Columbia] or another country[, the] that has qualifications and licensing examinations [of which are] substantially similar to those required in this state[, may, at the discretion of the State Board of Architect Examiners, be entitled to a certificate of registration without examination].

(2) [Any] A person [seeking] who seeks to practice architecture in this state and [who] meets the requirements [of] for certification [as set forth] in subsection (1) of this section may [be admitted to this state for the purpose of offering] offer to render architectural services [for that purpose only] without [having been] being issued a certificate of registration by the board, [provided that] if the architect advises the prospective client and the board in writing and submits an application for registration in this state. [Such persons may] The person may use the title of “Architect” while offering to render architectural services, [use the title, “architect,”] but [shall] may not represent [in any manner] that the person is qualified to practice under ORS 671.010 to 671.220.

SECTION 5. ORS 671.080 is amended to read:

671.080. (1) Each registrant who desires to continue as an architect in this state shall annually [pay] submit to the State Board of Architect Examiners, on or before the [anniversary of issuance of the certificate of registration, the fee for renewal of registration required] renewal deadline established by board rule, a renewal application and the renewal fee authorized under ORS 671.085. The registrant shall also furnish evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived. Upon payment and, if required, the furnishing of satisfactory evidence, the board shall issue to the registrant a certificate of renewal of registration for a period of one year.

(2) If a registrant fails to have a certificate renewed on or before the [anniversary of issuance of the certificate] renewal deadline established by board rule, the registrant [shall be considered] is delinquent. The registrant may renew the certificate not later than the 30th day after the renewal date, without penalty, if the registrant pays the renewal fee and furnishes evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived. The registrant may renew the certificate after the 30th day after the renewal date, if the registrant pays the renewal fee plus a late fee in an amount to be prescribed by the board by rule, and furnishes evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived.

(3) Any person who fails to pay the renewal fee, with any late fees, or fails to furnish evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived, for a period of 60 days, [shall forfeit] forfeits the right to practice architecture in this state. The person may be reinstated as an architect only upon passing examinations required by the board, by complying with any continuing education requirements adopted by the board under ORS 671.125 and by paying any required [examination fees, renewal fee] fees and penalties.

(4) The board may grant [a suspension] inactive status to any registered architect who gives up the practice and while in good standing makes [such] a request in writing to the board. The architect may resume practice [within five years if the architect pays the annual fees for the renewal of registration for the current year and complies with any continuing education requirements adopted by the board under ORS 671.125. If the architect fails to renew within the five-year period, the architect may be reinstated only upon passing examinations required by the board,] by complying with any continuing education requirements adopted by the board under ORS 671.125 and [by] paying any required [examination] fees and penalties.

SECTION 6. ORS 671.085 is amended to read:

671.085. In addition to any fee imposed by rule, the State Board of Architect Examiners may impose fees for the following:

(1) Registration.

(2) Renewal.

(3) Filing an application for Architectural Registration Examination.

[(3)] (4) Architectural Registration Examination, resident and nonresident[, which shall not exceed the cost of administering the exam].

[(4)] (5) Reciprocal application.

[(5)] (6) Duplicate certificate.

[(6)] (7) Corporation renewal.

[(7)] (8) Corporation registration.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date January 1, 2004

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