| SB0784   | Paraphrase: SB0784, by Sen. Dan Newberry, R-Tulsa and Rep. Fred Jordan, R-Jenks, eliminates the State Architectural and Registered Interior Designers Act and creates the State Architectural Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act. The bill makes it unlawful for any person to directly or indirectly engage in the practice of or offer to practice architecture or landscape architecture in this state, use in connection with the person's name, or otherwise assume the title of architect, landscape architect or registered interior designer, or advertise any title or description tending to convey the impression that the person is a licensed architect or landscape architect or is a registered interior designer unless the person is duly licensed or registered or exempt from licensure or registration under the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act and that the practice of architecture and landscape architecture and the use of the titles, architect, landscape architect or registered interior designer, are privileges granted by the state through the Board of Governors of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers based upon the qualifications of the individual as evidenced by a certificate of licensure or registration which shall not be transferable. SB784 clarifies language related to the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act. The act requires each member of Board of Governors of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers to be a qualified elector of this state, and the architect and landscape architect members to have had five years' experience in the application or the study of the principles of their respective profession after initial licensure in Oklahoma. The measure requires registered interior designer members of the Board to have been registered by the Board for five years active and in good standing with the Board. The bill requires board members, other than the lay member, to be appointed for staggered five-year terms. The act prohibits members from serving more than two terms for appointments made subsequent to July 1, 2013. The measure allows the licensed architect, landscape architect, or the registered interior designer to be appointed by the Governor from a list of nominees submitted by respective professional societies of this state. The act removes language requiring the secretary-treasurer be reimbursed pursuant to the State Travel Reimbursement Act for travel and other expenses which will have been incurred while in the performance of the duties of this office. The act requires the Board to prepare, conduct, and grade examinations of persons who apply for the issuance of licenses or registrations, and to promulgate such rules with reference thereto as it may deem proper to determine competency for the issuance of licenses or registrations, work with nationally recognized licensing and registration organizations to prepare, conduct, and grade examinations, written or oral, of persons who shall apply for the issuance of licenses or registrations, wall or a portion of the initial license or registration fee for candidates graduating from accredited architecture, landscape architecture or interior design programs within the state when the Board has excess funds exceeding its two-year expense/revenue needs as determined by the Board in its sole discretion, determine the satisfactory passing score on such examinations and issue licenses or registrations to persons who have passed examinations, or who otherwise are entitled thereto, upon good cause shown, as hereinafter provided, deny the issuance of a license, registration, certificate of authority or certificate of title or suspend, revoke or refuse to renew licenses, registrations, certificates of title or certificates of authority previously issued, and upon proper showing, to reinstate licenses, registration or certificates, levy administrative fines plus the legal costs incurred by the Board to prosecute the case against any person or entity who violates any of the provisions of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act or any rule promulgated thereto, obtain an office, secure facilities, and employ, direct, discharge and define the duties and set the salaries of office personnel as deemed necessary by the Board, and adopt rules regarding requirements for intern development as a prerequisite for licensure or registration. The act prohibits anything from preventing a person qualified as an intern architect from using the title "intern architect" or any person from aiding or abetting any person, not licensed as required by law, in the practice of architecture in this state. The measure requires every person applying to the Board for an initial license to submit an application accompanied by the fee established in accordance with the rules of the Board, with satisfactory evidence that the person holds an accredited professional degree in architecture or has completed such other education as the Board deems equivalent to an accredited professional degree and with satisfactory evidence that the person has completed such practical training in architectural work as the Board requires and passes a national criminal history records check. If the person does not pass a national criminal history records check, the Board, in its sole discretion, to determine if the license is to be issued, renewed, reinstated, rejected or revoked. The measure allows the Board to exempt from written examination an applicant who holds a certificate issued by the National Council of Architectural Registration Boards or its successor, or a person the Board decides is qualified and competent by equivalent standards for architects and creates the Equivalent Education and Training Standards for Architects Table "A" that supersedes all previous tables of equivalents and establishes its requirements. Authorizes the Board, in its sole discretion, to determine if a license is to be issued, renewed, reinstated or rejected for a person who does not pass a national criminal history records check upon the application for a license to practice architecture in this state. The measure requires a partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture or landscape architecture to file with the Board an application for a certificate of authority for the office location performing work on Oklahoma projects on a form approved by the Board which shall include the names, addresses, state of licensure and license number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice. The act authorizes the Board to suspend, to revoke or refuse to renew a license, registration, certificate of authority or certificate of title issued by it when the holder thereof has been found guilty of a violation of a provision of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act or the rules of the Board, provided that such a person or entity has been afforded the opportunity for a formal hearing carried out as described under the current Administrative Procedures Act or settled by the Board with a consent order or final order approved by the Board or fails to pass the national criminal history records checks for initial, reciprocal, reinstating or renewing any license, registration, certificate of authority or certificate of title. The measure finds any person or entity who has been determined by the Board to have violated any provision of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act or any rule or order issued pursuant to the provisions of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act may be liable for an administrative fine not exceeding $100,000 per violation or the amount of commissions and/or fees paid to the person and/or entity for specific associated project(s) plus the legal costs incurred by the Board to prosecute the case. The act sets guidelines to govern design competitions in this state and clarifies language related to the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act. The measure finds it is not a requirement to make exhaustive or continuous on-site observations to check the quality or quantity of work nor is it intended that the architect be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. The bill requires responsibilities set forth herein regarding Construction Contract Administration to be carried out by an architect duly licensed in this state or by persons employed by or under the responsible control of the architect. The Act finds all use groups in this section are defined by the codes currently adopted by the Uniform Building Code Commission of the State of Oklahoma and the construction, addition or alteration of a building of any size with an occupancy greater than 50 or with more than two stories in height as determined in accordance with the codes will be subject to the provisions of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act. The measure exempts the construction, addition or alteration of a building no more than two stories in height that is a one and two family dwellings and buildings as covered by the codes consisting of three or fewer townhouse units of any size or height from the provisions of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act. The measure requires the renovation or alteration of building where the original Code Use Group was exempt to remain exempt from the provisions of the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act if the Code Use Group does not change. The measure prohibits any license from being issued to any person to practice architecture in this state unless the person is the holder of an accredited professional degree in architecture or has met the equivalent standards set forth in the Broadly Experienced Architect (BEA) or Broadly Experienced Foreign Architect (BEFA) programs administered by the National Council of Architectural Registration Boards and to have had such practical training as the Board, by rule, to deem appropriate and has paid to the Board a fee as prescribed by the rules of the Board plus the actual cost of any examination given by the Board, and upon meeting the requirements and payment of an initial fee as may be prescribed by the rules of the Board, the Board will issue to the applicant a license which will authorize the applicant to engage in the practice of architecture in this state. The measure authorizes the Board to issue temporary licenses while qualifying the applicant for three months from the date the application process was begun. The act requires any individual licensee or registrant to be limited to one issuance of a temporary license. The measure requires the examination for a license to practice architecture in this state to be administered by computerized method, except Board administered exams. The act requires that all papers received by the Board relating to an application for a license, to an examination and to the issuance of a license shall be electronically retained by the Board and originals destroyed and that if it was incomplete, it will be retained for one year from the date of submission and then destroyed. The act finds that the agency's computer software, hardware and programming codes, documents and all other related issues and documents are not a public record, nor open to the public and shall be confidential property of the agency and State of Oklahoma and confidential records will only be open and available to other governmental entities and/or vendors used by the agency and State of Oklahoma for processing agency, state and/or government business and vendors used by the agency, state or government entities are still covered by this confidential statute. The act allows a person to sign or seal technical submissions prepared by another architect registered in any United States jurisdiction if the signing and sealing architect has reviewed the other architect's technical submissions, integrated the technical submissions into the architect's technical submissions, and the other architect's technical submissions are prototypical plans. The measure requires the Oklahoma licensed architect to assume full responsibility for the documents as if fully prepared by or under the Oklahoma licensed architect's responsible control in applying his or her seal. The measure prohibits an architect, at any time, to competitively bid or hold a financial interest in any entity competitively bidding for a contract for the reparation, alteration or construction of project for which he has prepared the plans and specifications unless the contract is a design/build contract for an all encompass fee only. The measure prohibits anything contained in the Oklahoma Licensed Architects, Landscape Architects and Registered Interior Designers Act from being construed as precluding an architect or engineer from performing services included within the definition of "landscape architecture" when incidental, meaning less than ten percent of the total project cost, to the performance of his or her normal practice as an architect or engineer. The act authorizes the Board to, in its sole discretion, determine whether or not to issue, renew, reinstate or revoke a license for landscape architect. The bill authorizes the Board to issue temporary licenses while qualifying an applicant for a maximum of three months from the date the application process is begun. The measure prohibits the license of a landscape architect from permitting the practice of architecture, engineering or land surveying, except that which is incidental, meaning less than 10 percent of the total cost of the project, to the practice of landscape architecture. (Amended by Senate, Stricken Title, Emergency Measure, Dormant, Committee Substitute) - © 2013 eCapitol, LLC. All rights reserved. Effective Date: 07/01/2013 Emergency: Yes Position: Monitor Principal Authors: Newberry, Dan (S); Jordan, Fred (H) Status: Dormant Status Date: 03/14/2013 |