PRIOR PRINTER'S NOS. 2445, 2713 PRINTER'S NO. 2908
No. 2000 Session of 1981
INTRODUCED BY GEIST, SEVENTY, ARTY, WACHOB, DAWIDA, BITTLE,
L. E. SMITH, SPENCER, SWEET, COLAFELLA, CORDISCO, DAIKELER,
GLADECK, LEHR, ANDERSON AND NOYE, OCTOBER 21, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 23, 1982
AN ACT
1 Regulating the practice of architecture in the Commonwealth of
2 Pennsylvania; providing for the examination and licensure of
3 architects by a State Architects Licensure Board and
4 providing penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Declaration of purpose.
8 Section 3. Definitions.
9 Section 4. Creation of board, appointment and term of
10 members and officers.
11 Section 5. Organization of board.
12 Section 6. Powers of board.
13 Section 7. Duties of board.
14 Section 8. Examination and qualification of applicants.
15 Section 9. Reciprocal licensing.
16 Section 10. Issuance and renewal of certificates.
17 Section 11. Payment and disposition of fees.
18 Section 12. Seal of architect.
1 Section 13. Firm practice.
2 Section 14. Firm names.
3 Section 15. Permitted practices.
4 Section 16. Existing licenses.
5 Section 17. Existing rules and regulations.
6 Section 18. Unauthorized practice prohibited.
7 Section 19. Disciplinary proceedings.
8 Section 20. Penalties.
9 Section 21. Complaint procedure and hearings.
10 Section 22. Severability.
11 Section 23. Repeals.
12 Section 24. Effective date.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the "Architects
17 Licensure Law."
18 Section 2. Declaration of purpose.
19 In order to protect the health, safety and property of the
20 people of the Commonwealth of Pennsylvania and to promote their
21 welfare, no person shall engage in the practice of architecture
22 in this Commonwealth except in compliance with the requirements
23 of this act.
24 Section 3. Definitions.
25 The followings words and phrases when used in this act shall
26 have, unless the context clearly indicates otherwise, the
27 meanings given to them in this section:
28 "Architect." An individual licensed under this act to engage
29 in the practice of architecture within the Commonwealth of
30 Pennsylvania.
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1 "Board." The Architects Licensure Board established by this
2 act.
3 "Certificate." The certificate of licensure issued by the
4 board indicating that the individual named therein is an
5 architect.
6 "Practice of architecture." The rendering or offering to
7 render certain services, hereinafter described, in connection
8 with the design and construction of a structure or group of
9 structures which have as their principal purpose human
10 habitation or use, and the utilization of space within and
11 surrounding such structures. The services referred to in the
12 previous sentence include planning, providing preliminary
13 studies, designs, drawings, specifications, and other design
14 documents, construction management and administration of
15 construction contracts.
16 "Accredited school." Any educational institution with an
17 academic program in architecture accredited by a national
18 architectural accrediting body or approved by the board.
19 "Professional degree." A first professional degree in
20 architecture conferred by an accredited school.
21 Section 4. Creation of board, appointment and term of members
22 and officers.
23 (a) There is hereby established an Architects Licensure
24 Board which shall consist of the Commissioner of Professional
25 and Occupational Affairs, two members who shall represent the
26 public at large, and five members, all of whom shall be
27 architects, who have been in the active practice of architecture
28 in the Commonwealth of Pennsylvania for not less than seven
29 years prior to their appointment.
30 (b) Each member of the board shall be appointed by the
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1 Governor with the advice and consent of the Senate. The
2 presently confirmed members of the existing State Board of
3 Examiners of Architects constituted under the act of July 12,
4 1919 (P.L.933, No.369), referred to as the Architects
5 Registration Law, as of the effective date of this act, shall
6 continue to serve as board members until their present terms of
7 office expire. When terms of the present board members expire,
8 the next term of succeeding board members shall be designated to
9 expire at different times so that one member shall be appointed
10 for a term of one year, one member shall be appointed for a term
11 of two years, one member shall be appointed for a term of three
12 years, one member shall be appointed for a term of four years,
13 and one member shall be appointed for a full term of five years.
14 Successive terms shall be four years or until his successor is
15 appointed and qualified.
16 (c) Vacancies occurring in the membership of the board shall
17 be filled by the Governor, with the advice and consent of the
18 Senate, for the unexpired portion of the term. A member
19 appointed for a full term shall not be eligible for more than
20 two consecutive full terms.
21 (d) Each member of the board shall take and subscribe to the
22 oath of office generally required of State officials.
23 (e) The Governor may remove any member of the board for
24 misconduct, incompetence, neglect of duty or any sufficient
25 cause in the manner prescribed by law for the removal of State
26 officials.
27 Section 5. Organization of board.
28 (a) An organizational meeting of the board shall be held
29 annually at which time the board shall elect from its membership
30 a president, a vice-president and a secretary, who shall serve
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1 for one year or until their successors are duly elected. Other
2 meetings of the board may be called in accordance with rules and
3 regulations promulgated by the board.
4 (b) Should a vacancy in the office of president, vice-
5 president or secretary of the board occur, the remaining members
6 of the board shall fill such vacancy by election.
7 (c) The majority of the board shall constitute a quorum for
8 the transaction of all business, but no action shall be taken at
9 any meeting without the majority of the current board membership
10 in accord.
11 (d) Each member of the board, except the Commissioner of
12 Professional and Occupational Affairs, shall be entitled to
13 receive a per diem in an amount to be determined biennially by
14 the commissioner consistent with fees paid such boards. In
15 addition to the above per diem allowance, each member shall be
16 reimbursed for all reasonable traveling, lodging and other
17 necessary expenses incurred in the performance of duties under
18 this act.
19 Section 6. Powers of board.
20 (a) The board may establish such REASONABLE rules and <--
21 regulations consistent with this act for the conduct of its own <--
22 proceedings as it deems appropriate. TO CARRY OUT THE PROVISIONS <--
23 OF THIS ACT. Such proposed rules or regulations or amendments
24 thereto shall be transmitted to the Speaker of the House of
25 Representatives and to the President pro tempore of the Senate
26 who shall authorize and direct an appropriate committee to
27 review the proposals. Either committee may within 30 60 calendar <--
28 days or five TEN legislative days, whichever is later, recommend <--
29 disapproval of the proposed rules or regulations or amendments
30 thereto to the General Assembly. Subsequent to a recommendation
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1 for disapproval by either committee, the General Assembly may by
2 concurrent resolution, within 30 calendar days or five <--
3 legislative days, whichever is later, disapprove the proposed
4 rules, regulations or amendments thereto. Any rule or regulation
5 or amendment thereto not disapproved by the General Assembly
6 within the allotted time may be finally adopted by the
7 department pursuant to the Commonwealth Documents Law. Any rule
8 or regulation or amendment thereto which has not been submitted
9 to the General Assembly pursuant to this section or which has
10 been disapproved shall be null and void and without effect.
11 (b) The board may establish, by regulations consistent with
12 the policy contained in this act, standards of professional
13 conduct for architects.
14 (c) The board shall schedule examinations in compliance with
15 the provisions of the act of April 9, 1929 (P.L.177, No.175),
16 known as "The Administrative Code of 1929," for individuals
17 applying for certificates at least once each year, provided the
18 applicants are qualified under sections 8 and 9. The board may
19 establish such rules and regulations consistent with this act
20 for the examination of applicants as it deems appropriate.
21 (d) The board shall issue certificates to individuals who
22 have qualified to engage in the practice of architecture under
23 the provisions of this act. The board may establish such rules
24 and regulations consistent with this act for the issuance and
25 renewal of certificates as it deems appropriate, including rules
26 for the issuance of certificates by reciprocity.
27 (e) The board shall have the power to administer and enforce
28 the laws of the Commonwealth of Pennsylvania relating to the
29 practice of architecture and to instruct and require its agents
30 to initiate appropriate proceedings for unauthorized and
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1 unlawful practice.
2 (f) The board shall have the power to take disciplinary
3 action as described in this act. In all disciplinary proceedings
4 brought pursuant to this act, the board shall have the power to
5 administer oaths, to summon witnesses, and to compel the
6 production of documents in accordance with law. Upon the failure
7 of any person to appear or produce documents in accordance with
8 the board's order, the board may take appropriate action in
9 accordance with the act of October 15, 1980 (P.L.950, No.164),
10 known as the "Commonwealth Attorneys Act," to enforce
11 compliance.
12 (g) The board shall have the power to take appropriate
13 actions to initiate injunction and criminal prosecution
14 proceedings in connection with the unlawful and unauthorized
15 practice of architecture or other violations of this act.
16 Injunction and criminal proceedings shall be instituted in
17 accordance with the "Commonwealth Attorneys Act."
18 (h) The board shall have the power to appoint, with the
19 approval of the Governor, such hearing examiners as shall be
20 necessary to conduct hearings as may be required under section
21 21. The board shall have the power to adopt and promulgate rules
22 and regulations setting forth the functions, powers, standards
23 and duties to be followed by its representatives. HEARING <--
24 EXAMINERS.
25 Section 7. Duties of board.
26 (a) The board shall keep a record of its proceedings and the
27 board shall keep records relating to applications. Records
28 relating to applications shall include the name, age and last
29 known address of each applicant for licensure, information
30 concerning each applicant's education, experience and other
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1 qualifications, the text of all examinations administered and
2 the results thereof and such other information as the board
3 deems appropriate. The records of the board shall be prima facie
4 evidence in the proceedings and a certified transcript by the
5 secretary shall be admissible in evidence with the same force
6 and effect as if the original were produced.
7 (b) The board shall maintain an up-to-date roster showing
8 the names and addresses of the places of business of all
9 architects licensed under this act, and under prior laws, and
10 licensed by the board, which roster shall be published in
11 booklet form by the board every five years. In the interim years
12 following the publishing of the complete roster, the board shall
13 each year publish a supplemental roster containing the name,
14 license numbers where applicable, and addresses of all
15 architects licensed by the board subsequent to the publishing of
16 the last published roster or supplemental roster.
17 (c) The board shall maintain records relating to all
18 architects licensed in the Commonwealth of Pennsylvania. Such
19 records shall include all information directly related to the
20 practice of architecture as defined herein.
21 (d) Annually at the end of its fiscal year, the board shall
22 submit to the Commissioner of Professional and Occupational
23 Affairs a report of its activities and transactions of the
24 preceding year. The board shall also submit to the Commissioner
25 of Professional and Occupational Affairs a proposed budget
26 request for its operation for the succeeding fiscal year.
27 Section 8. Examination and qualification of applicants.
28 (a) Any individual of good character, who is a legal
29 resident of Pennsylvania or who is in the employ of OR UNDER THE <--
30 DIRECT SUPERVISION OF an architect licensed with the board and
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1 who maintains a practice in the Commonwealth of Pennsylvania
2 under a permanent Pennsylvania business address may apply for a
3 certificate under this act.
4 (b) Each applicant for a certificate shall submit evidence
5 satisfactory to the board that the applicant holds a
6 professional degree in architecture from an accredited school
7 and has obtained at least three years' practical experience in
8 the employ of OR UNDER THE DIRECT SUPERVISION OF a registered <--
9 architect or as part of the applicant's academic training. In
10 lieu of a professional degree in architecture, the board may
11 accept evidence of at least six years' practical experience
12 obtained in the employ of OR UNDER THE DIRECT SUPERVISION OF a <--
13 registered architect or as part of the applicant's WHICH MAY <--
14 INCLUDE academic training. The board may require that applicants
15 who do not hold a professional degree in architecture must first
16 pass a qualifying examination before being admitted to the
17 licensing examination described in subsection (c). The board may
18 at its discretion adopt as its standards for minimum education
19 and experience, the current guidelines on education, training
20 and experience equivalents adopted by the National Council of
21 Architectural Registration Boards.
22 (c) Each applicant for licensing who satisfies subsections
23 (a) and (b) shall submit to a licensing examination. The
24 examination shall cover such technical and professional subjects
25 and shall be graded on such basis as the board shall by
26 regulation prescribe. The board may at its discretion adopt the
27 examination and recommended grading procedures adopted by the
28 National Council of Architectural Registration Boards.
29 (d) The board may require applicants under this section and
30 section 9 to appear for a personal interview.
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1 Section 9. Reciprocal licensing.
2 (a) The board may issue a certificate, without examination,
3 to any individual who is registered or certified as an architect
4 in another state or country where the qualifications required
5 are equivalent to those required in this State. The possession
6 of a certificate from the National Council on Architectural
7 Registration Boards shall be prima facie evidence that the
8 individual meets the qualifications required in this State.
9 (b) The board may issue a certificate to individuals who
10 have lawfully practiced architecture in another state or country
11 for a period of more than ten years if such individual achieves
12 a satisfactory score on a practical examination of a nature
13 determined by the board.
14 (c) A resident of another state who is licensed to engage in
15 the practice of architecture in the state where his office is
16 located may offer to perform architectural services in the
17 Commonwealth of Pennsylvania without first obtaining a
18 certificate. Architectural services, however, may not actually
19 be performed by a nonresident architect until a certificate is
20 obtained.
21 (d) An individual who is licensed to engage in the practice
22 of architecture in a foreign country where his office is located
23 and in addition holds a National Council of Architectural
24 Registration Board Certificate may be admitted to this
25 Commonwealth for the purpose of offering to perform
26 architectural services and for that purpose only without first
27 obtaining a certificate. Architectural services, however, may
28 not actually be performed by a foreign architect until a
29 certificate is obtained.
30 Section 10. Issuance and renewal of certificates.
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1 (a) Upon payment of the fees required by section 11, an
2 individual who has complied with section 8 or 9 shall be
3 entitled to a certificate indicating that he is qualified to
4 engage in the practice of architecture in this Commonwealth.
5 Each certificate shall contain the name of the individual to
6 whom it was issued and shall be valid for a period of two years.
7 (b) Every certificate shall expire on the day prescribed by
8 rules and regulations promulgated by the board. An architect may
9 renew his certificate by paying the renewal fee required by
10 section 11(c). If the licensee fails to pay the renewal fee when
11 required and fails to notify the board of his or her intention
12 not to practice architecture, his certificate and his right to
13 practice architecture shall expire. An architect who fails to
14 renew his certificate may not engage in the practice of
15 architecture and may not thereafter renew his certificate except
16 upon payment of the renewal fee, penalty fee and the restoration
17 fee required by section 11(c).
18 (c) A duplicate certificate to replace one which has been
19 lost, destroyed or mutilated may be issued by the board upon
20 payment of the fee required by section 11(d). The board reserves
21 the right to require architects requesting duplicate
22 certificates to furnish documentation satisfactory to the board
23 relative to loss, destruction or mutilation of original
24 certificate.
25 (d) Certificates issued to architects shall not be
26 transferable.
27 Section 11. Payment and disposition of fees.
28 (a) The fee to be paid by an applicant for licensure shall
29 be established by rules and regulations promulgated by the board
30 after consultation with the Commissioner of Professional and
19810H2000B2908 - 11 -
1 Occupational Affairs. A fee for reexamination in the amount
2 established by the board after consultation with the
3 Commissioner of Professional and Occupational Affairs shall be
4 paid by an applicant each time he is required to take a
5 reexamination.
6 (b) The fee to be paid by an applicant who is an architect
7 licensed under the laws of another state or country, and who
8 seeks licensure pursuant to section 9, shall be established by
9 rules and regulations promulgated by the board after
10 consultation with the Commissioner of Professional and
11 Occupational Affairs.
12 (c) The fee to be paid for the renewal of a certificate and
13 the fee for the restoration of an expired certificate shall be
14 established by rules and regulations promulgated by the board
15 after consultation with the Commissioner of Professional and
16 Occupational Affairs.
17 (d) The fee to be paid for the issuance of a duplicate
18 certificate shall be established by rules and regulations
19 promulgated by the board after consultation with the
20 Commissioner of Professional and Occupational Affairs.
21 (e) Fee shall be collected and appropriated in accordance
22 with the act of July 1, 1978 (P.L.700, No.124), known as the
23 "Bureau of Professional and Occupational Affairs Fee Act."
24 Section 12. Seal of architect.
25 (a) Every architect shall obtain a seal approved by rules
26 and regulations promulgated by the board and shall impress said
27 seal on drawings, specifications and other design documents
28 prepared by the individual or under the architect's personal
29 supervision for use in this State. An architect who impresses
30 his seal or knowingly permits it to be impressed on drawings,
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1 specifications or other design documents which were not prepared
2 by him or under his personal supervision shall be guilty of a
3 violation of this act and shall be subject to the penalties
4 provided herein. Any person who impresses an architect's seal or
5 knowingly permits it to be impressed on drawings, specifications
6 or other design documents after the architect's certificate has
7 expired, or has been revoked, annulled or suspended, shall be
8 guilty of a violation of this act and shall be subject to the
9 penalties provided herein.
10 (b) A stamp of design identical to the prescribed seal may
11 be used in lieu of a seal.
12 (c) Upon the forfeiture, revocation, suspension or annulment
13 of a certificate, or upon expiration of a certificate without
14 renewal, an architect shall surrender his or her seal or stamp
15 to the board. Upon the death of an architect, his personal
16 representative shall surrender said seal or stamp to the board
17 in accordance with rules and regulations promulgated by the
18 board. The board shall have the power to take appropriate
19 action, in accordance with the "Commonwealth Attorneys Act," to
20 enforce this subsection.
21 Section 13. Firm practice.
22 (a) Architects in Pennsylvania may practice architecture in <--
23 one of the following forms: AN INDIVIDUAL ARCHITECT OR A GROUP <--
24 OF ARCHITECTS IN PENNSYLVANIA MAY PRACTICE ARCHITECTURE IN ONE
25 OF THE FOLLOWING FORMS OF ARCHITECTURAL FIRMS:
26 (1) sole proprietorship. including, but not limited to, <--
27 the practice of architecture in Pennsylvania by a licensed
28 architect who is an employee of a person, partnership or
29 corporation, provided the architect's seal is affixed to all
30 documents;
19810H2000B2908 - 13 -
1 (2) partnership;
2 (3) professional association;
3 (4) professional corporation; or
4 (5) business corporation.
5 (b) A partnership may engage in the practice of architecture
6 in Pennsylvania provided it complies with the provisions of 59
7 Pa.C.S. Ch.3 (relating to general partnerships) and that it also
8 satisfies the following requirements:
9 (1) At least two-thirds of the partners are licensed
10 under the laws of any state to practice architecture,
11 engineering or landscape architecture.
12 (2) At least one-third of the partners are licensed
13 under the laws of any state to practice architecture.
14 (c) A professional association may engage in the practice of
15 architecture in Pennsylvania provided it complies with the
16 provisions of the act of August 7, 1961 (P.L.941, No.416), known
17 as the "Professional Association Act," and must also satisfy the
18 following requirements:
19 (1) At least two-thirds of the members of the board of
20 governors are licensed under the laws of any state to
21 practice architecture, engineering or landscape architecture.
22 (2) At least one-third of the members of the board of
23 governors are licensed under the laws of any state to
24 practice architecture.
25 (d) A professional corporation shall comply with the
26 provisions of the act of July 9, 1970 (P.L.461, No.160), known
27 as the "Professional Corporation Law."
28 (e) A business corporation may engage in the practice of
29 architecture in Pennsylvania, Provided, That it complies with
30 provided that it complies with the act of May 15, 1933 (P.L.364, <--
19810H2000B2908 - 14 -
1 No.106), known as the "Business Corporation Law," and that it
2 also satisfies the following requirements:
3 (1) At least two-thirds of the directors are licensed
4 under the laws of any state to practice architecture,
5 engineering or landscape architecture.
6 (2) At least one-third of the directors are licensed
7 under the laws of any state to practice architecture.
8 (3) AT LEAST TWO-THIRDS OF ALL CLASSES OF VOTING STOCK <--
9 ISSUED AND OUTSTANDING AT ANY ONE TIME SHALL BE OWNED BY AN
10 INDIVIDUAL OR INDIVIDUALS LICENSED UNDER THE LAWS OF ANY
11 STATE TO PRACTICE ARCHITECTURE, ENGINEERING OR LANDSCAPE
12 ARCHITECTURE.
13 (4) AT LEAST ONE-THIRD OF ALL CLASSES OF VOTING STOCK
14 ISSUED AND OUTSTANDING AT ANY ONE TIME SHALL BE OWNED BY AN
15 INDIVIDUAL OR INDIVIDUALS LICENSED TO THE LAWS OF ANY STATE
16 TO PRACTICE ARCHITECTURE.
17 (F) A PARTNERSHIP, PROFESSIONAL ASSOCIATION OR CORPORATION
18 ENGAGED IN THE PRACTICE OF ARCHITECTURE HAVING FEWER THAN THREE
19 PARTNERS, GOVERNORS, SHAREHOLDERS OR DIRECTORS UNDER THIS
20 SECTION SHALL HAVE AT LEAST ONE PARTNER, GOVERNOR, SHAREHOLDER
21 OR DIRECTOR WHO IS AN INDIVIDUAL DULY CERTIFIED TO PRACTICE
22 ARCHITECTURE IN THE COMMONWEALTH PURSUANT TO THIS ACT.
23 (f) (G) Each project undertaken by a firm ENGAGED IN THE <--
24 PRACTICE OF ARCHITECTURE in the Commonwealth of Pennsylvania
25 must be under the personal supervision of a partner in the case
26 of a partnership, a member of the board of governors in the case
27 of a professional association, a shareholder in the case of a
28 professional corporation, or a director in the case of a
29 business corporation, who holds a certificate to engage in the
30 practice of architecture in this Commonwealth pursuant to this
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1 act. The seal of such individuals must appear on all drawings,
2 specifications and other design documents issued by the firm for
3 such projects.
4 (g) (H) The board shall by promulgation of rules and <--
5 regulations, require any partnership, professional association,
6 professional corporation or business corporation practicing
7 architecture in this State to file with the board information
8 concerning its officers, directors, partners, professional
9 association board of governors, beneficial owners and such other
10 aspects of its organization as the board deems appropriate. In
11 the administration of this subsection, the board may require
12 each partnership, professional association, professional
13 corporation or business corporation to pay an annual filing fee
14 in the amount determined by the board by promulgation of rules
15 and regulations.
16 (h) (I) No corporation, professional association or <--
17 partnership may perform any act relating to the practice of
18 architecture which an individual architect is prohibited from
19 doing.
20 (J) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT <--
21 THE PRACTICE OF ARCHITECTURE BY AN INDIVIDUAL AS AN EMPLOYEE OF
22 A PERSON, PARTNERSHIP OR CORPORATION WHICH IS NOT AN
23 ARCHITECTURAL FIRM, PROVIDED SUCH INDIVIDUAL HOLDS A CERTIFICATE
24 TO PRACTICE ARCHITECTURE IN THE COMMONWEALTH IN CONFORMITY WITH
25 THE PROVISIONS OF THIS ACT AND THE ARCHITECT'S SEAL IS AFFIXED
26 TO ALL DOCUMENTS PREPARED BY HIM OR UNDER HIS PERSONAL
27 SUPERVISION FOR USE IN THIS COMMONWEALTH.
28 Section 14. Firm names.
29 An individual or group of individuals satisfying the
30 requirements of this act and engaged in the practice of
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1 architecture in this Commonwealth may adopt any name which is
2 not prohibited by law or the ethics of the profession in which
3 the individual or group of individuals is engaged or by rules
4 and regulations promulgated by the board.
5 Section 15. Permitted practices.
6 Nothing contained in this act shall be construed to prohibit:
7 (1) Persons acting under the personal supervision of an
8 architect from carrying out their normal duties in the
9 preparation of drawings, specifications and other design and
10 construction documents or in administering construction
11 contracts or in performing construction management services.
12 (2) Engineers registered under the act of May 23, 1945
13 (P.L.913, No.367), known as the "Professional Engineers
14 Registration Law," as amended, from performing the services
15 for which they are duly licensed or from performing such
16 services included in the practice of architecture as may be
17 incidental to their engineering work.
18 (3) The preparation of any shop drawings or the
19 performance of construction management services by persons
20 customarily engaged in construction work.
21 (4) The preparation of any drawings or other design
22 documents by an individual for a single-family residence of
23 any size or cost which is to be used by such individual as
24 his or her home.
25 (5) The preparation of any drawings or other design
26 documents for any utility or farm structure when such utility
27 or farm structure is used in connection with a farm
28 residence.
29 (6) The preparation of any drawings or other design
30 documents for the remodeling or alteration of a building not
19810H2000B2908 - 17 -
1 involving structural or egress changes or additions thereto,
2 provided that the author of such plans or other design
3 documents shall not receive any compensation as the author
4 thereof.
5 (7) Officers and employees of the Government of the
6 United States, while engaged within this Commonwealth, in the
7 practice of architecture for said government.
8 (8) Any person while in the regular employment of any
9 railroad, telephone or telegraph company engaged in
10 interstate commerce.
11 Section 16. Existing licenses.
12 Nothing in this act shall be construed to terminate any
13 rights of individual architects licensed and engaged in the
14 practice of architecture at the time of the passage of this act.
15 Any architect so licensed shall be allowed to continue his
16 licensure and to practice architecture in a manner consistent
17 with the provisions of this act.
18 Section 17. Existing rules and regulations.
19 Each rule and regulation of the board in effect on the date
20 of the passage of this act shall remain in effect after such
21 date until repealed or amended by the board, unless such rule or
22 regulation is inconsistent with any provision of this act.
23 Section 18. Unauthorized practice prohibited.
24 (a) Except as provided in section 9(c) and (d), no
25 individual shall engage in the practice, or offer to engage in
26 the practice of architecture in this State, or use the title of
27 architect or use any sign, card or device implying that such
28 individual is an architect, or is competent to engage in the
29 practice of architecture, unless such individual holds a
30 currently valid certificate issued pursuant to this act.
19810H2000B2908 - 18 -
1 (b) Except as provided in section 9(c) and (d), no
2 partnership, professional association or corporation shall
3 engage in the practice or offer to engage in the practice of
4 architecture in this Commonwealth, or use any title, sign, card
5 or device implying that such partnership, professional
6 association or corporation is competent to engage in the
7 practice of architecture, unless such partnership, professional
8 association or corporation complies with section 13.
9 Section 19. Disciplinary proceedings.
10 (a) The board may refuse to issue a certificate to an
11 applicant or may refuse, revoke or suspend a certificate,
12 censure an architect, issue a letter of reprimand, restrict a
13 certificate holder and attach certain conditions to a
14 certificate for any of the following acts:
15 (1) Bribery, fraud, misstatement or misrepresentation of
16 fact by an applicant in connection with this application for
17 a certificate.
18 (2) Engaging in the practice of architecture in this
19 Commonwealth in violation of any provisions of this act or
20 the rules and regulations promulgated thereunder.
21 (3) Having a license to practice architecture revoked or
22 suspended or having other disciplinary action taken by the
23 proper licensing authority of another state, territory or
24 country.
25 (4) Engaging in the practice of architecture in this
26 Commonwealth in violation of the standards of professional
27 conduct established by rules and regulations promulgated by
28 the board.
29 (5) Aiding or abetting any individual, partnership,
30 association or corporation to engage in the practice of
19810H2000B2908 - 19 -
1 architecture in violation of any provisions of this act.
2 (6) Bribery, fraud, deceit, recklessness, gross
3 negligence or incompetence in the practice of architecture.
4 (7) Use of an architect's seal in violation of section
5 12.
6 (8) Conviction of a felony or a crime involving moral
7 turpitude. Conviction shall include a finding or verdict of
8 guilt, an admission of guilt or a plea of nolo contendere.
9 (b) A plea of nolo contendere shall be deemed to be a
10 conviction for purposes of this section.
11 Section 20. Penalties.
12 (a) Any person who engages or who offers to engage in the
13 practice of architecture without holding a currently valid
14 certificate as required by this act, or any person who violates
15 any of the provisions of this act shall, for a first offense, be
16 guilty of a summary offense and upon conviction thereof shall be
17 sentenced to pay a fine not exceeding $500 or suffer
18 imprisonment not exceeding 90 days, or both, and for a second or
19 subsequent offense shall be guilty of a felony and upon
20 conviction thereof shall be sentenced to pay a fine of not less
21 than $2,000 but not more than $5,000, or to suffer imprisonment
22 of not less than one year, but not more than two years, or both.
23 (b) In addition to any other penalties imposed pursuant to
24 this act, any person who engages in the practice or offers to
25 engage in the practice of architecture without holding a
26 currently valid certificate as required by this act or without
27 complying with the requirements of section 13 shall return any
28 fees collected in connection with the practice or offering to
29 practice architecture.
30 (c) The right of the board to refuse to issue a certificate
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1 or to refuse, revoke or suspend a certificate or censure an
2 architect or issue a letter of reprimand or restrict a
3 certificate holder or attach conditions to a certificate under
4 this act shall be in addition to the penalties set forth in this
5 section.
6 Section 21. Complaint procedure and hearings.
7 (a) Any person may prefer charges against a person licensed
8 under the provisions of this act by submitting a written
9 statement of charges, sworn to by the complainant, to the board.
10 In addition, the board may, on its own motion, investigate the
11 conduct of an applicant or a licensee, and shall, in appropriate
12 cases, file a written statement of charges. The applicant or
13 architect charged shall be entitled to be represented by
14 counsel. Hearings shall be conducted in accordance with the
15 provisions for hearings of contested cases as prescribed by the
16 applicable laws and regulations relating to administrative
17 hearings.
18 (b) The hearings may be held by the board or any member
19 thereof, or by any of its duly authorized hearing examiners or
20 by any other person duly authorized by the board for such
21 purpose in any particular case. The time and place of such
22 hearing shall be fixed by the board or its duly authorized
23 hearing examiner. Any member of the board or hearing examiner
24 authorized to conduct the hearing may administer oaths and
25 conduct investigations.
26 (c) When a matter is referred to a hearing examiner for
27 hearing, such person following the completion of the testimony
28 in the hearing before him shall, with reasonable dispatch, file
29 a report with the board setting forth his findings of fact and
30 recommendation. Upon review of the record, the board by majority
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1 vote, may adopt the findings in the report or may, with or
2 without additional testimony, either return the matter to the
3 representative for such further consideration as the board deems
4 necessary or make additional or other findings of fact on the
5 basis of all the legally probative evidence in the record and
6 enter its conclusions of law and order in accordance with the
7 requirements for the issuance of an adjudication under Title 2
8 of the Pennsylvania Consolidated Statutes (relating to
9 administrative law).
10 (d) The board may, in its discretion, issue a certificate to
11 any applicant denied licensure under section 19(a) upon
12 presentation of suitable evidence of reform.
13 Section 22. Severability.
14 The provisions of this act are severable and if any section
15 shall be declared invalid or void for any reason, the remainder
16 of the act shall not be affected or impaired.
17 Section 23. Repeals.
18 (a) The following acts and parts of acts are repealed
19 absolutely:
20 Act of July 12, 1919 (P.L.933, No.369), entitled "An act to
21 regulate the practice of architecture in the Commonwealth of
22 Pennsylvania by providing for the examination and registration
23 of architects by a State Board of Examiners; defining the power
24 and duties of said board of examiners; and providing penalties
25 for the violation of this act."
26 Section 422, act of April 9, 1929 (P.L.177, No.175), known as
27 "The Administrative Code of 1929."
28 (b) All acts or parts of acts inconsistent herewith are
29 hereby repealed.
30 Section 24. Effective date.
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1 This act shall take effect immediately.
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