Bill 3744

                    Current Status

BillNumber:                3744
Ratification Number:       611
Act Number:                503
Introducing Body:          House
Subject:                   Relating to architects, general contractors and 
                           home builders, and the State Board of Architectural 
                           Examiners

(A503, R611, H3744)

AN ACT TO AMEND CHAPTER 3 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECTS, SO AS TO PROVIDE FOR REVIEWING OF CONSTRUCTION INSTEAD OF SUPERVISION OF CONSTRUCTION IN THE DEFINITION OF "ARCHITECTURAL PRACTICE"; TO DELETE THE REQUIREMENT THAT AN ARCHITECT MUST BE NOT LESS THAN TWENTY-FIVE AND OF GOOD MORAL CHARACTER; TO INCREASE THE MEMBERS OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS

FROM FIVE TO SIX TO INCLUDE A REPRESENTATIVE OF THE GENERAL PUBLIC AND TO DELETE THE PROVISION THAT ONE MAY BE AN ENGINEERING PROFESSOR; TO PROVIDE FOR THE QUALIFICATIONS FOR REGISTRATION TO PRACTICE ARCHITECTURE TO INCLUDE AFTER JUNE 30, 1993, THE REQUIREMENT OF A NATIONAL ARCHITECTURAL ACCREDITING BOARD ACCREDITED PROFESSIONAL DEGREE IN ARCHITECTURE, AND TO PROVIDE THAT THREE YEARS IN THE EMPLOY OF A PRACTICING ARCHITECT IS REQUIRED AFTER JUNE 30,1993; TO PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH CERTIFICATES OF REGISTRATION MAY BE DENIED; TO PROVIDE FOR FIRMS AND PROFESSIONAL ASSOCIATIONS TO BE INCLUDED WITH CORPORATIONS AND PARTNERSHIPS AS PRACTICING ARCHITECTURE; TO PROVIDE FOR CERTAIN WORK BY GENERAL CONTRACTORS AND HOME BUILDERS TO BE EXCLUDED FROM THE PROVISIONS OF THIS CHAPTER; TO DELETE THE PROVISION THAT EXCLUDES THE DRAFTING, SALE, OR PURCHASE OF HOUSE PLANS FROM THE PROVISIONS OF THIS CHAPTER; TO PROVIDE FOR THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO BE EXCLUDED FROM THE PROVISIONS OF THIS CHAPTER IF THEY ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO PROVIDE FOR THE SERVICE OF ANY NOTICE UPON NONRESIDENT ARCHITECTS AND ARCHITECTS WHO CANNOT BE FOUND AT THEIR USUAL ABODES OR PLACES OF BUSINESS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.

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

Architectural misc. amendments

SECTION 1. Chapter 3 of Title 40 of the 1976 Code is amended to read:

"CHAPTER 3

ARCHITECTS

Section 40-3-10. (1) 'Architect' means a person who, by reason of his 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 his registration as an architect.

(2) 'Architectural practice' means any 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 any building, or site development. A person is considered to practice or offer to practice architecture who in any manner represents himself to be an architect, who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture.

Section 40-3-20. Any person assuming the title of architect or practicing the profession of architecture in this State must be skilled in the principles of design and construction so that he may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title or undertaking the work, he shall have a certificate of registration from the State Board of Architectural Examiners.

Section 40-3-30. The Governor shall appoint a Board of Examiners to be known as the State Board of Architectural Examiners composed of six persons. One must be a professor of architecture in a university or college controlled by the State, four must be reputable architects engaged in the actual practice of the profession in this State, and one must be a representative of the general public. The first members having been appointed for terms of one, two, three, four, and five years, respectively, in each year as the terms of the members expire the Governor shall fill the vacancies occurring by appointment under like conditions and qualifications, each appointment to be for a term of five years. Vacancies occurring by reason of death, resignation, or removal must be filled by appointment by the Governor for the unexpired term only.

Section 40-3-40. The members of the board must be compensated for their services at the regular per them rate established by the General Assembly for other state boards and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. The board may incur other expenses as it considers necessary and proper to the administration and enforcement of this chapter. All costs and expenses may be paid only from the fees and dues received and no claim may be made upon the State Treasury under this chapter.

Section 40-3-50. The board shall organize by the election of a chairman, secretary, and treasurer, shall adopt rules governing its proceedings and shall meet at least once each year. The board shall provide itself with a proper seal, with which all its official documents must be sealed. The board may promulgate regulations governing the practice of architecture and architects not inconsistent with the provisions of this chapter or other existing law and which do not infringe upon the practice of any other profession.

Section 40-3-60. The board shall, at each annual meeting and at other times as it may consider necessary, examine all applicants for admission to practice architecture. These examinations shall consist of an inquiry into the record, character, education, experience, knowledge, attainments, and qualifications of the applicant and may, in the discretion of the board, take the form of written, drawing, or oral tests or an examination of buildings erected by the applicant or photographs, drawings, and specifications of the buildings. The minimum qualifications for registration are as follows:

(1) Education, the completion of a standard fourteen-unit high school course or the equivalent of the course and courses in mathematics, natural science, history, and language as the board may prescribe. After June 30, 1993, attainment of a National Architectural Accrediting Board accredited professional degree in architecture is required;

(2) Experience, eight years in the employ of a registered practicing architect, covering drafting, designing, computing, estimating, specifications, and review of construction. Full graduation from a National Architectural Accrediting Board accredited school of architecture is regarded as equivalent to five years of the required eight years' experience. After June 30, 1993, only three years in the employ of a registered practicing architect covering the subject areas in this item is required based on attainment of the accredited architectural degree;

(3) Attainments, a sound working knowledge of architectural design, planning, materials, construction, sanitation, mechanical equipment, costs, business administration, building law, and professional practice and ethics.

Any person who is shown upon examination to meet these requirements to the reasonable satisfaction of the board is entitled to a certificate of registration unless he has been convicted of a felony; 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. If the applicant has committed any of the foregoing acts, the board may register the applicant on the basis of suitable evidence of reform.

Section 40-3-70. An architect 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 40-3-80. Every applicant applying for registration in this State shall pay to the board the sum of forty dollars, and no applicant may be considered until the fee has been paid. Applicants approved for examination shall pay to the board, prior to being examined, a sum commensurate with the cost of administering the examination, as determined by the board, not to exceed five hundred dollars.

Section 40-3-90. Every architect, architectural firm, architectural corporation, and architectural partnership continuing to practice in this State shall pay to the board each year according to the dates established by the board a fee not to exceed one hundred dollars as determined by the board and upon failure to do so shall have their certificate to practice revoked. The certificate may, however, be renewed at any time within one year upon payment of the fee and a fine of ten dollars.

Section 40-3-100. A firm, corporation, professional association, or partnership may practice architecture in this State provided the persons connected with the firm, corporation, professional association, or partnership and in responsible charge of the practice are registered as required in this chapter and provided only those persons assume the title of architect or are held out to the public as architects.

Section 40-3-110. Every architect or firm practicing in this State shall have a seal, the impression of which shall contain the name of the architect, his place of business, and the words 'Registered Architect, State of South Carolina with which he shall stamp all drawings, prints, and specifications for use in his profession.

Section 40-3-120. The board may suspend for a period or revoke the certificate of admission to practice and forbid further practice by any architect who is found guilty by the board, after a fair and impartial trial, of any dishonest practice, unprofessional conduct, or incompetence. For the purpose of the fair and impartial trial, the board may subpoena and examine witnesses under oath, as to the facts of the case. Any architect against whom charges are preferred shall have not less than sixty days' notice before the trial of his case and has the right (a) to have witnesses subpoenaed in his behalf and (b) to be heard in person and by counsel. Any trial is open to the public. Any architect convicted before the board may appeal to the court of common pleas of the county in which the trial was held.

Section 40-3-130. It is a misdemeanor for any person to practice 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 person practices or offers to practice architecture or is an architect, without being registered as an architect, as provided by law. It is also unlawful to give false testimony or knowingly offer forged evidence to the board or any member of the board; or to falsely impersonate any registered architect; or to violate the provisions of this chapter or any other law of this State relating to the registration of architects.

Section 40-3-140. As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person violated any of the provisions of this chapter, or the regulations or orders of the board, or any of the laws of this State relating to architecture, the board may file a suit in equity in its own name or in the name of the State, on its own relation and by its counsel, alleging the facts and praying for a temporary restraining order or permanent injunction against the person, restraining him from violating the law, order, or regulation or commanding him to obey the law, order, or regulation.

Upon proper application and showing that the person is not registered, or that a renewal certificate has not been applied for, or that registration has been denied, revoked, or suspended, or that the law, order, or regulation has been or is about to be violated or disobeyed, which showing may be made by affidavit, the court in which the proceeding has been filed shall issue a temporary restraining order or injunction and, upon final hearing, shall grant and issue an injunction, including mandatory injunction, upon finding the truth and sufficiency of the allegations of the petition. The court may enforce the injunction by punishment for contempt and by any other process permitted to circuit courts and make other orders in its discretion. The injunction may be limited in time, perpetual or conditional, as may be necessary and proper to the enforcement of this chapter, or the regulations or orders of the board, or the law of this State relating to architecture. Section 40-3-150. Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars, or be imprisoned for not less than thirty days nor more than six months, or both, within the discretion of the court.

Section 40-3-160. (1) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.

(2) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.

(3) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:

(a) a building which is ' to be used for farm purposes only;

(b) a building containing less than six thousand square feet of total floor area except buildings of institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;

(c) family residences up to four units attached with each unit having a grade level exit;

(d) a place of assembly having a capacity not in excess of seventy-five persons as calculated in accordance with the Standard Building Code, which is one story, and which is not a part of or physically connected to buildings of a different occupancy;

(e) mercantile and industrial buildings not having a capacity in excess of one hundred persons as calculated in accordance with the Standard Building Code.

(f) alterations to any buildings to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.

(4) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 21 of Title 40, nor architectural work incidental to the practice of engineering.

Section 40-3-170. Service of any notice provided for by law upon any nonresident architect who has been admitted to the practice of architecture or upon any resident architect 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 executive secretary of the board a copy of this notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the executive secretary, addressed to the architect at his last known address.

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 any proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The executive secretary shall keep a record of the day of the service of the notice and any accompanying documents."

Board of Architectural Examiners reauthorized

ECTION 2. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the Board of Architectural Examiners is reauthorized for six years.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.

Approved the 28th day of June, 1984.