South Carolina General Assembly
112th Session, 1997-1998

Bill 3381


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3381
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970205
Primary Sponsor:                   Robinson
All Sponsors:                      Robinson, Knotts, Neilson,
                                   Meacham, Cato, Keegan, Kelley,
                                   Trotter, Webb, Sandifer, Riser,
                                   Barrett, Gamble, Mason, Koon, Rice
                                   and Limehouse
Drafted Document Number:           gjk\23257ac.97
Companion Bill Number:             271
Residing Body:                     Senate
Current Committee:                 Labor, Commerce and Industry
                                   Committee 12 SLCI
Date of Last Amendment:            19970325
Subject:                           Architects, architecture;
                                   licensure, investigation,
                                   disciplinary action;
                                   Construction



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970401  Introduced, read first time,             12 SLCI
                  referred to Committee
House   19970326  Read third time, sent to Senate
House   19970325  Amended, read second time
House   19970319  Committee report: Favorable              26 HLCI
House   19970205  Introduced, read first time,             26 HLCI
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED

March 25, 1997

H. 3381

Introduced by Reps. Robinson, Knotts, Neilson, Meacham, Cato, Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble, Mason, Koon, Rice and Limehouse

S. Printed 3/25/97--H.

Read the first time February 5, 1997.

A BILL

TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.

Amend Title To Conform

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

SECTION 1. Chapter 3, 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.

(3) "Professional degree" means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.

(4) "Responsible charge" means direct control and personal supervision of the practice of 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 who also must be an architect registered in the State of South Carolina, 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 diem 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. 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. After June 30, 1993, applicants not passing all divisions of the examination retain credit for those divisions passed for four years from the date of the examination, after which time those divisions must be retaken. 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 or other comparable experience as the board, by regulation, may prescribe. A professional degree is regarded as equivalent to five years of the required eight years' experience. After June 30, 1993, applicants are required to follow the National Council of Architectural Registration Board's Intern-Architect Development Program adopted by the board by regulation in order to satisfy experience requirements. Changes in the program subsequently adopted by the board shall not affect those persons currently enrolled in a previously adopted IDP program;

(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;

(4) Once an applicant has qualified to take the Architect Registration Examination, the applicant shall not lose his eligibility because of subsequent changes in the experience requirements.

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 or a crime of moral turpitude, 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 a nonrefundable sum, as determined by the board, not to exceed two hundred 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 one thousand dollars.

Section 40-3-90. Every architect, architectural firm, architectural business corporation, architectural professional association/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 two 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 from the date of expiration upon payment of the fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the first year.

Section 40-3-100. (a) The right to engage in the practice of architecture is a personal right, based upon the qualifications of the individual evidenced by his registration certificate. The registration is not transferable.

(b) Nothing in subsection (a) of this section shall be construed to prevent the formation of partnerships, business corporations, professional associations, or professional corporations as a vehicle for the practice of architecture subject to the following conditions:

(1) The practice of or offer to practice architecture for others as defined in Section 40-3-10 by individual architects registered under this chapter through a business corporation as officers, employees, or agents, or through a partnership, professional association, or professional corporation as partners, associates, officers, employees, or agents, as may be applicable according to the particular circumstances, or the offering or rendering of architectural services by business corporation, partnership, professional association, or professional corporation through individual architects registered under this chapter is permitted, subject to the provisions of this chapter, if (i) one or more of the corporate officers in the case of a business corporation, or one or more of the partners or associates in the case of a partnership, professional association, or professional corporation, are designated as being responsible for the professional services, as described in Section 40-3-10, of the business corporation, partnership, professional association, or professional corporation and are architects under this chapter, (ii) all personnel of the business corporation, partnership, professional association, or professional corporation, who act in its behalf as architects, are registered under this chapter, and (iii) the business corporation, partnership, professional association, or professional corporation has been issued a certificate of authorization by the board, as provided in item (2).

(2) A business corporation, partnership, professional association, or professional corporation desiring a certificate of authorization shall file with the board an application, on forms provided by the board, listing relevant information, including the names and addresses of all officers and members of the business corporation or officers and partners of the partnership or associates in the professional association or professional corporation and also of an individual or individuals duly registered to practice architecture in this State who are in responsible charge of the practice of architecture in this State through the business corporation, partnership, professional association, or professional corporation and other information required by the board accompanied by an original authorization fee to be determined by the board. A form, giving the same information, must accompany the annual renewal. In the event there should be a change in any of these persons during the year, the change must be designated on the same form and filed with the board within thirty days at the effective date of the change. If all of the requirements of this section are met, the board shall issue a certificate of authorization to the business corporation, partnership, professional association, or professional corporation and the business corporation, partnership, professional association, or professional corporation is authorized to contract for and to collect fees for architectural services.

Section 40-3-110. Every architect, architectural firm, architectural business corporation, architectural professional association, architectural professional corporation, or architectural partnership practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words "Registered Architect, State of South Carolina" with which they shall stamp all drawings, prints, and specifications for use in their profession.

The seal of the individual architect in responsible charge, as well as the seal of the firm, business corporation, professional association, professional corporation, or partnership must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.

Section 40-3-120. Whenever the board has reason to believe that any registrant has become unfit to practice architecture or has violated any of the provisions of this chapter or regulation of the board, or whenever a written complaint charging the holder of a registration certificate with the violation of any provision of this chapter is filed with the board, the board shall initiate an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the board for a hearing to determine whether or not the registration must be suspended or revoked or other disciplinary action taken. No action may be taken by the board until the registrant has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges pursuant to the Administrative Procedures Act (Section 1-23-310 et seq.). The notice and statement of charges must be sent to the accused by certified mail return receipt requested at his last known place of residence. The accused may appear and show cause why his registration should not be suspended or revoked or other disciplinary action taken. The accused has the right (a) to be confronted with and to cross-examine the witnesses against him, (b) to have witnesses subpoenaed in his behalf, and to be heard in person and by counsel. Any hearing is open to the public. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict or penalize a registrant must be made at the expense of the board.

If a majority of the board is satisfied that the registrant is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose restraint upon the registrant as circumstances warrant until the registrant demonstrates to the board adequate professional competence. The board may also impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties imposed for these violations may not exceed ten thousand dollars. In all cases where disciplinary action is taken by the board, written notice of the action must then be sent by certified mail return receipt requested by the secretary of the board to the accused at his last known address, as provided to the board.

Any final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order.

Any decision by the board to revoke, suspend, or otherwise restrict the architect's registration or impose a civil penalty must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.

Section 40-3-125. After notice and hearing, as provided in Section 40-3-120, the board may revoke or suspend the certificate of authorization of any business corporation, partnership, professional association, or professional corporation that is not in compliance with the provisions of Section 40-3-100. The board also may impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties for these violations may not exceed ten thousand dollars.

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 40-3-135. The board or any member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 shall enforce any subpoena issued pursuant to this section.

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 with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, 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, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 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. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 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 five hundred dollars nor more than five 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 less than three stories high and containing less than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;

(c) a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and any sheds, storage buildings, and garages incidental thereto;

(d) 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 40-3-165. Architects shall not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. Provided, however, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.

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 director 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 director, 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 director shall keep a record of the day of the service of the notice and any accompanying documents.

Section 40-3-180. It is the duty of the building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, to be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.

Section 40-3-5. Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to architects; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.

Section 40-3-10. (A) There is created the Board of Architectural Examiners under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of architecture in South Carolina.

(B) The Board of Architectural Examiners consists of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be architects engaged in the practice of architecture in this State, and one must be a representative of the general public. Members serve terms of five years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms, except the professor of architecture member. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C) Nominations for appointment to the board may be submitted to the Governor from the board or any individual, group, or association.

Section 40-3-20. (1) 'Architect' means an individual who, by reason of the individual's 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 the individual's registration as an architect.

(2) 'Board' means the Board of Architectural Examiners.

(3) 'Firm' means a business entity functioning as a partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, or other firm association which practices or offers to practice architecture.

(4) 'Full authority' means that amount of authority granted to a regularly employed individual in unrestricted, unchecked, and unqualified command of the architectural practice of a firm.

(5) 'Individual' means a single human being.

(6) 'Practice of architecture' means a 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 a building or site development.

(7) 'Professional degree' means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.

(8) 'Responsible charge' means direct control and personal supervision of the practice of architecture.

Section 40-3-30. (A) No individual may engage in the practice of architecture without a license issued in accordance with this chapter. An individual is considered to engage in the practice of or offer to engage in the practice of 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.

(B) Only an individual licensed under this chapter may use the title 'architect'. An individual assuming the title of architect or engaging in the practice of architecture in this State must be skilled in the principles of design and construction so that the individual may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title 'architect' or undertaking the work, the individual shall have a certificate of registration from the board.

(C) A firm offering to engage in the practice of architecture in this State must have a certificate of authorization issued by the board before undertaking architectural work. Each firm must employ one or more architects registered in this State who are designated as being in full authority and responsible charge of the architectural practice. Additionally, all personnel of the firm who act in its behalf as architects in this State must be registered under this chapter and must hold a current registration. If there is a change in ownership, management, or the architect in responsible charge during the year, the change must be filed with the board within thirty days.

(D) It is unlawful for an individual or firm to engage in the practice of 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 individual or firm engages in or offers to engage in the practice of architecture or is an architect, without being registered as an architect or firm.

Section 40-3-50. (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

(B) Fees for examination, licensure, renewal, and other assessments must be established by the board in regulation. Applicants must be notified of the fee amount before payment.

Section 40-3-60. The board may adopt rules governing its proceedings and shall elect a chairman, vice-chairman, and secretary who shall serve a term of one year. The board may promulgate regulations necessary to carry out the provisions of this chapter and shall adopt a seal with which all its official documents must be sealed.

Section 40-3-70. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.

Section 40-3-80. (A) If the Director of the Department of Labor, Licensing and Regulation or the board has reason to believe that an individual or firm has become unfit to engage in the practice of architecture or has violated a provision of this chapter or a regulation promulgated under this chapter, if an individual files a written complaint with the board or the Director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the director or board may initiate an investigation.

(B) The board or a member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter.

Section 40-3-90. Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.

Section 40-3-100. In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.

Section 40-3-110. The board may cancel, fine, suspend, revoke, or restrict the authorization to practice architecture of an individual who has had a license to practice a profession or occupation regulated under Title 40 canceled, revoked, or suspended or who has otherwise been disciplined.

Section 40-3-115. The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.

Section 40-3-120. (A) The board may impose a civil fine of up to two thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.

(B) A final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.

Section 40-3-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

Section 40-3-140. A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.

Section 40-3-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

Section 40-3-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

Section 40-3-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

Section 40-3-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-3-190. Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.

Section 40-3-200. A person who engages in or offers to engage in the practice of architecture in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars.

Section 40-3-210. The Department of Labor, Licensing and Regulation on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

Section 40-3-230. (A) The privilege of engaging in the practice of architecture is a personal privilege based upon the qualifications of the individual and evidenced by the person's registration certificate which is not transferable.

(B) The board shall review the application of all applicants for admission to practice architecture. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.).

(C) To be licensed as an architect, an individual must:

(1) have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB). The school or program must be accredited by NAAB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an NAAB accredited degree may have their educational credentials evaluated through Education Evaluation Services for Architects (EESA) to determine if their foreign degree is equivalent to an NAAB professional degree in architecture. Additionally, foreign educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements;

(2) have satisfactorily completed the training requirements established by the National Council of Architectural Registration Boards (NCARB) for the Intern Development Program (IDP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted IDP program;

(3) have attained a passing score on all subject areas of the NCARB Architect Registration Examination (A.R.E.). Subject areas may include, but are not limited to, predesign, site design, building design, structural technology, materials and methods of construction, mechanical, plumbing, electrical, acoustical, life safety systems, and construction documents and services.

(D) An applicant may not be licensed as an architect if the individual has been convicted of a felony or a crime of moral turpitude, 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. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform.

Section 40-3-240. (A) An application for licensure must be made on board application forms. A completed application signed and sworn to by the applicant must be filed with the board office and must be accompanied by all applicable fees. No application may be considered until the fees have been paid.

(B) The Architectural Registration Examination will be administered in a format and manner prescribed by the National Council of Architectural Registration Boards (NCARB) to all applicants for initial licensure. Applicants must pass all subject areas. Scores for the individual subject areas cannot be averaged. Applicants not passing all subject areas of the examination retain credit for those subject areas passed for four years from the date of the examination, after which time those subject areas must be retaken.

(C) An applicant must satisfy the requirements of Section 40-3-230(C)(1) and (2) in order to be approved by the board to take the Architectural Registration Examination. Once an applicant has been approved to take the examination, the applicant does not lose eligibility because of subsequent changes in the education or experience requirements.

(D) The board may accept transfer credits for individual subject areas of the examination passed by the applicant from another jurisdiction.

Section 40-3-250. (A) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation and annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina.

(B) Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.

(C) If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.

Section 40-3-260. 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 40-3-270. (A) A firm desiring a certification of authorization shall file with the board an application on forms provided by the board and pay an application fee. Before a certificate of authorization may be issued to an out-of-state business or professional corporation, the corporation must be approved to transact business in this State. A copy of the approved certificate of authority issued by the State must be filed with the board application.

(B) A firm must maintain on file in the board office the name of the individual in full authority and responsible charge and written evidence of authority. Failure to provide accurate and timely information may constitute a violation of this subsection.

(C) For the purpose of this chapter, a sole proprietorship means a business in which one or more registered architects are engaged as employees; however, the practice must be conducted under the name registered with the board as an individual (i.e., John Doe, Architect). Any other practice name, i.e., Doe & Company, or Doe & Associates, requires a certification of authorization to practice. (D) If a South Carolina firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State.

(E) If an out-of-state firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State or in another state or jurisdiction.

(F) The requirement to obtain a certificate of authorization applies to associations for one or more projects but does not apply to an out-of-state firm or individual retained by a registered South Carolina architect as a consultant only.

(G) A registered architect practicing in his name who does not employ a registered architect is not required to obtain a certificate of authority.

Section 40-3-280. (A) Every architect and firm practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words 'Registered Architect, State of South Carolina' with which they shall stamp all drawings, prints, and specifications for use in their profession.

(B) The seal of the individual architect in responsible charge, as well as the seal of the firm, must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.

Section 40-3-290. (A) 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.

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

(C) 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:

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

(2) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;

(3) a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and sheds, storage buildings, and garages incidental to the dwelling;

(4) alterations to a building 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.

(D) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering.

Section 40-3-300. An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.

Section 40-3-310. (A) Service of a notice provided for by law upon a nonresident architect who has been admitted to the practice of architecture or upon a 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 administrator of the board a copy of the 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 administrator, addressed to the architect at his last known address.

(B) 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 a 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 administrator shall keep a record of the day of the service of the notice and any accompanying documents.

Section 40-3-320. The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.

Section 40-3-330. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

SECTION 2. This act takes effect July 1, 1997.

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