Introduced By: Representatives Flaherty and Faria
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-1-2, 5-1-7, and 5-1-15.1 of the General Laws in Chapter 5-1 entitled "Architects" are hereby amended to read as follows:
5-1-2. Definitions. -- The following definitions shall apply in the interpretation of the provisions of this chapter, unless the context requires another meaning:
(a) Any person who engages in the practice of architecture as that term is defined herein as attested by his or her licensing as an architect in this state.
(b) "Board" means the board of examination and registration of architects established by this chapter.
(c) "Certificate" means the certificate of registration issued annually by the board, indicating that the individual named therein is an architect.
(d) "Practice of architecture" means rendering or offering to render those services, described as follows:
(1) Rendering or offering to render services in connection with the design and construction, enlargement or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation;
(2) The services referred to in this section include, but are not limited to, planning, providing preliminary studies, designs, drawings, specifications, and other technical submissions, the administration of construction contracts and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects;
(3) The practice of architecture shall not include the practice of engineering as defined in ] 5-8-1 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture.
(e) "Certificate of Authorization" means the certificate
of authorization issued by the board, indicating the corporation,
partnership, {DEL limited liability company DEL} or sole
proprietorship named therein is permitted to practice architecture
in the state.
5-1-7. Practice prohibited -- Criminal penalties -- Injunctions. -- (a) Except as provided in sections 5-1-9 and 5-1-14, no individual shall practice or offer to practice architecture in this state or use any title, sign, card, or device implying that that individual is an architect or is competent to practice architecture, unless that individual holds a currently valid certificate issued pursuant to this chapter.
(b) Except as provided in sections 5-1-9, 5-1-13, and 5-1-15,
no sole proprietorship, partnership, {ADD or ADD} corporation, {DEL or
limited liability company DEL} shall practice or offer to
practice architecture in this state or use any title, sign, card,
or device implying that the sole proprietorship, partnership,
{ADD or ADD} corporation, {DEL or limited liability company DEL}
is competent to practice architecture unless that sole proprietorship,
partnership, {ADD or ADD} corporation, {DEL or limited liability
company DEL}complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, partnership, {ADD or ADD}
corporation, {DEL or limited liability company DEL} which
violates subsection (a) or (b) of this section shall be guilty
of a misdemeanor, and upon conviction by a court of competent
jurisdiction shall be sentenced to pay a fine of not more than
{DEL five hundred dollars ($500) for the first offense, and
a fine of not less than DEL} one thousand dollars ($1,000)
nor more than one thousand dollars ($1,000) {ADD for the first offense
and a fine of not less than five hundred dollars ($500) ADD} for
each subsequent offense or imprisonment for not more than one
year or both.
(d) The board shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a) or (b) of this section or violations of section 5-1-12. In injunction proceedings, the board shall not be required to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violations.
5-1-15.1. Certificate of authorization for sole proprietorships,
partnerships or corporations. --
(a) A partnership{DEL, DEL} {ADD or ADD} corporation{DEL, or limited liability
company DEL} shall be admitted to practice architecture in
this state if (1) two-thirds (2/3) of the partners (if a partnership)
or two-thirds (2/3) of the directors (if a corporation) are {DEL or
two-thirds (2/3) of the managers (if a limited liability company) DEL}
registered under the laws of any state or any reciprocal jurisdiction
as defined by the National Council of Architectural Registration
Boards to practice architecture or engineering; (2) one-third
(1/3) of the partners (if a partnership) or one-third (1/3) of
the directors (if a corporation), {DEL or one-third (1/3) of
the managers (if a limited liability company) DEL} are registered
under the laws of any state or reciprocal jurisdiction as defined
by the National Council of Architectural Registration Boards to
practice architecture; and (3) the person having the practice
of architecture in his or her charge is himself or herself a partner
(if a partnership) or a director (if a corporation) {DEL or
a manager (if a limited liability company) DEL} and registered
to practice architecture in this state.
(b) The board is empowered to require any sole proprietorship,
partnership{DEL, DEL} {ADD or ADD} corporation{DEL , or limited liability
company DEL} practicing architecture in this state to file
information concerning its officers, directors, {DEL beneficial
owners DEL} and other aspects of its business organization,
upon such forms as the board prescribes. {DEL This section
shall not be construed to prevent any person, sole proprietorship,
partnership, corporation, or limited liability company, or association
in the business of building construction and/or construction management
from offering to render design and construction services in connection
with building construction or construction management executed
by that firm provided that services which constitute the practice
of architecture, as defined in ] 5-1-2(d), shall be performed
by one or more registered architects. DEL}
(c) The practice or offer to practice architecture as defined
by this chapter by a sole proprietorship, partnership{DEL,DEL} {ADD or ADD}
corporation{DEL , or limited liability company, or sole proprietorship,
DEL}hereinafter referred to as the "firm", through
one or more architects registered under the provisions of this
chapter, is permitted provided that said registered architect(s)
are in direct control of such practice or exercise personal supervision
of all personnel who act in behalf of the firm in professional
and technical matters; and provided further that said firm has
been issued a certificate of authorization by this board.
(d) Within one year after enactment of this chapter, every firm must obtain a certificate of authorization from this board and those individuals in direct control of such practice or who exercise personal supervision of all personnel who act in behalf of the firm in professional and technical matters must be registered with the board. The certificate of authorization shall be issued by the board upon satisfaction of the provisions of this chapter and the payment of a fee as determined by the board in accordance with ] 5-1-11. This fee shall be waived if the firm consists of only one person who is the registered architect. Every firm must file with the board an application for a certificate of authorization on a form provided by the board.
(1) Every firm must renew its certificate of authorization annually. A separate form provided by the board is to be filed with each renewal of the certificate of authorization. The firm shall complete a renewal form within thirty (30) days of the time any information previously filed with the board has changed, is no longer true or valid, or has been revised for any reason. If, in its judgment, the information contained on the application and/or renewal form is satisfactory and complete, the board will issue a certificate of authorization for the firm to practice architecture in this state.
SECTION 2. This act shall take effect upon passage.
