72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 934
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
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.
Enrolled Senate Bill 934 (SB 934-INTRO) Page 1
{ - (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
Enrolled Senate Bill 934 (SB 934-INTRO) Page 2
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
Enrolled Senate Bill 934 (SB 934-INTRO) Page 3
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
Enrolled Senate Bill 934 (SB 934-INTRO) Page 4
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 - } .
Enrolled Senate Bill 934 (SB 934-INTRO) Page 5
{ - (4) - } { + (5) + } Reciprocal application.
{ - (5) - } { + (6) + } Duplicate certificate.
{ - (6) - } { + (7) + } Corporation renewal.
{ - (7) - } { + (8) + } Corporation registration.
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Passed by Senate August 6, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 22, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 934 (SB 934-INTRO) Page 6
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 934 (SB 934-INTRO) Page 7