South Carolina General Assembly
117th Session, 2007-2008

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Bill 4783

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 29, 2008

H. 4783

Introduced by Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams

S. Printed 4/29/08--H.

Read the first time February 28, 2008.

            

A BILL

TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN.

Amend Title To Conform

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

SECTION    1.    Section 40-3-20 of the 1976 Code, as amended by Act 366 of 2002, is further amended by adding at the end:

"(11)    'Intern Architect' means a person who:

(a)    has completed an NAAB accredited first professional degree and is eligible in all respects for licensure through examination;

(b)    is currently enrolled in and actively participating in the Intern Development Program or who has completed the Intern Development Program; and

(c)    is employed by a firm which is lawfully engaged in the practice of architecture in this State.

A person may use the title 'Intern Architect' only in connection with the person's employment with the firm in which the person is an intern. The title may not be used to advertise or offer to the public that the person is performing or offering to perform architectural services, and the person may not include himself in any listing of architects or in any listing of persons performing architectural services. The person may use a business card identifying himself as an 'Intern Architect', if the business card also includes the name of the architectural firm in which the person is an intern."

SECTION    2.    Section 40-3-115 of the 1976 Code is amended to read:

"Section 40-3-115.    The board has jurisdiction over the actions of licensees and former licensees practice undertaken by unlicensed individuals and actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period of licensed practitioners as provided in Section 40-1-115."

SECTION    3.    Section 40-3-120(A) of the 1976 Code is amended to read:

"(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 twenty thousand dollars."

SECTION    4.    Section 40-3-240 of the 1976 Code, as amended by Act 69 of 2005, is further amended to read:

"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. Application fees are nonrefundable.

(B)    The Architectural Registration Examination will must 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 within the time prescribed by the National Council of Architectural Registration Boards (NCARB). Scores for the individual subject areas cannot must not be averaged.

(C)    An applicant must satisfy the requirements of Section 40-3-230(C)(1) and (2) must be currently enrolled and actively participating in the Intern Development Program 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 any subsequent changes in the education or experience requirements do not affect the applicant's eligibility to take the examination.

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

SECTION    5.    Section 40-3-250 of the 1976 Code, as last amended by Act 366 of 2002, is further amended to read:

"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, which shall must include continuing education requirements for individuals. The requirements, consisting of An individual shall complete a minimum of twelve continuing education hours annually, shall include at least eight continuing education hours in topics related to safeguarding health, safety, and welfare and four continuing education hours in practice-related topics. Emeritus architects are not required to meet continuing education requirements. Individuals and firms 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.

(D)    Emeritus architects who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed two years. Applicable fees also must be paid.

(E)    Registrants must comply with continuing education audit deadlines and requirements."

SECTION    6.    Section 40-3-280 of the 1976 Code is amended to read:

"Section 40-3-280.    (A)    Every architect and firm practicing in this State shall have a seal, the impression of which shall contain containing the name, the place of business, and the words 'Registered Architect, State of South Carolina' with which they shall stamp seal 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. An electronic seal and signature may be used in lieu of an original seal and signature by applicable policy or regulation."

SECTION    7.    Section 40-3-290 of the 1976 Code is amended to read:

"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 provided the licensee is practicing within the scope of the license. Nothing in this chapter prevents or affects the practice of engineering, as provided for in Chapter 22, or architectural work incidental to the practice of engineering.

(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 Buildings that do not require the services of an architect include, but are not limited to:

(1)    a building which that is to be used for farm purposes only, including barns, silos, sheds, or housing for farm equipment and machinery, livestock, poultry, or storage, if these structures are designed to be occupied by not more than ten persons;

(2)    a building less fewer 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. However, if the building is classified as an assembly, institutional, education, or hazardous occupancy, as defined by the state-adopted building code, the building requires services of an architect regardless of size; or

(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; by the state-adopted building code, and any accessory buildings incidental to the dwelling, regardless of size, unless an architect is otherwise required by law or by the building authority having jurisdiction over the project.

(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 Alterations and renovations to buildings not provided for in subsection (C) do not require the services of an architect, unless the alterations increase the areas and capacities beyond the exempt limits of this chapter, affect the structural safety of the building, or change the building's access or exit pattern. If the use of the building changes to become one not covered by an exemption, services of an architect are required. If a previously nonexempt building is converted to an exempt use, the services of an architect are not required."

SECTION    8.    This act takes effect upon approval by the Governor.

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