AN ACT

 

1Amending the act of December 14, 1982 (P.L.1227, No.281),
2entitled "An act regulating the practice of architecture in
3the Commonwealth of Pennsylvania; providing for the
4examination and licensure of architects by a State Architects
5Licensure Board; and providing penalties," further providing
6for definitions, for powers of board <-and, for issuance and
7renewal of certificates <-and for permitted practices.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 3 of the act of December 14, 1982
11(P.L.1227, No. 281), known as the Architects Licensure Law, is
12amended by adding definitions to read:

13Section 3. Definitions.

14The following words and phrases when used in this act shall
15have, unless the context clearly indicates otherwise, the
16meanings given to them in this section:

17* * *

18"Continuing education." Educational activities which:

19(1) promote competency of licensees;

1(2) are given by providers that are approved by the 
2board; and

3(3) meet the criteria established by regulations
4promulgated by the board.

5* * *

6"Health, safety and welfare credits." Technical and 
7professional subjects that the board deems appropriate to 
8safeguard the public's health, safety and welfare. The subjects 
9shall include, but not be limited to, all of the following:

10(1) Building design.

11(2) Environmental or land use analysis.

12(3) Life safety systems.

13(4) Building programming.

14(5) Site and soils analysis.

15(6) Accessibility.

16(7)  Lateral forces and seismic design.

17(8)  Building codes.

18(9)  Evaluation and selection of building systems,
19products or materials.

20(10)  Construction methods.

21(11)  Contract documentation.

22(12)  Construction administration.

23(13)  Electrical system considerations.

24(14)  Mechanical system considerations.

25(15) Plumbing system considerations.

26(16) Structural system considerations.

27(17)  Standards of Professional Conduct and Ethics.

28* * *

29Section 2. Section 6 of the act is amended by adding a
30subsection to read:

1Section 6. Powers of board.

2* * *

3(b.1) The board shall establish, adopt, promulgate and 
4enforce rules and regulations consistent with the provisions of 
5this act setting forth a continuing education requirement to be 
6satisfied by all individuals holding a certificate to engage in 
7the practice of architecture as a condition of renewal of the 
8certificate.

9* * *

10Section 3. Section 10(a) of the act is amended to read:

11Section 10. Issuance and renewal of certificates.

12(a) Upon payment of the fees required by section 11, an
13individual who has complied with section 8 or 9 shall be
14entitled to a certificate indicating that [he] the individual is
15qualified to engage in the practice of architecture in this
16Commonwealth. Each certificate shall contain the name of the
17individual to whom it was issued and shall be valid for [a] the 
18applicable biennial period or the remainder of the applicable 
19biennial licensure period [of two years]. The following shall 
20apply to the continuing education requirement under section 
216(b.1):

22(1) As a condition for the biennial renewal of a
23license, a licensee must provide certification of successful
24completion of a minimum of 24 hours of continuing education,
25in accordance with regulations established by the board. A
26minimum of 12 hours of the continuing education must be in
27the areas of health, safety and welfare credits of the
28general public as defined under section 3 and by the board's
29regulations.

30(2) A licensee of another jurisdiction in which the
 

1architect's primary practice is located shall be deemed to 
2have satisfied the continuing education requirement under 
3paragraph (1) if the licensee:

4(i) has a continuing education requirement in the
5jurisdiction of primary practice; and

6(ii) certifies on the biennial renewal application 
7that the licensee has satisfied the continuing education 
8requirement of the jurisdiction of primary practice.

9(3) Certification of credit hours submitted by a
10licensee must be properly signed as being correct and true.

11(4) An individual applying for initial licensure shall
12be exempt from the continuing education requirement during
13the biennial licensure period in which the individual
14obtained the initial licensure.

15(5) The board may waive all or part of the continuing
16education requirement for a licensee who provides evidence
17satisfactory to the board that the licensee was unable to
18complete the requirement due to illness, emergency, hardship
19or active military service.

20* * *

<-21Section 4. Section 15 of the act, amended February 18, 1998
22(P.L.186, No.31), is amended to read:

23Section 15. Permitted practices.

24Nothing contained in this act shall be construed to prohibit:

25(1) Persons acting under the personal supervision of an
26architect from carrying out their normal duties in the
27preparation of drawings, specifications and other design and
28construction documents or in administering construction
29contracts or in performing construction management services.

30(2) Engineers registered under the act of May 23, 1945

1(P.L.913, No.367), known as the "Professional Engineers
2Registration Law," as amended, from performing the services
3for which they are duly licensed or from performing such
4services included in the practice of architecture as may be
5incidental to their engineering work.

6(3) The preparation of any shop drawings or the
7performance of construction management services by persons
8customarily engaged in construction work.

9(4) The preparation of any drawings or other design
10documents for detached one-family or two-family dwellings not
11more than three stories in height and their accessory
12structures.

13(5) The preparation of any drawings or other design
14documents for any utility or farm structure when such utility
15or farm structure is used in connection with a farm
16residence.

17(6) The preparation of any drawings or other design
18documents for the remodeling or alteration of a building not
19involving structural or egress changes or additions thereto,
20provided that [the author of] an interior designer or other 
21person who authors such plans or other design documents
22[shall not] may receive [any] direct compensation as the
23author thereof.

24(7) Officers and employees of the Government of the
25United States, while engaged within this Commonwealth, in the
26practice of architecture for said government.

27(8) Any person while in the regular employment of any
28railroad, telephone or telegraph company engaged in
29interstate commerce.

30(9) Design-build services strictly in accordance with

1the following practices: a design-build entity not authorized
2to practice under section 13(a) through (i) may offer design-
3build services if the architectural services in the design-
4build process are provided in accordance with the following:

5(i) An architectural firm which has been authorized
6to practice architecture in this Commonwealth under
7section 13(a) through (i) shall independently contract
8with a design-build entity and is responsible for all
9material aspects of the practice of architecture as
10defined in section 3.

11(ii) At the time a design-build entity offers a
12written design-build proposal for a specific project, the
13design-build entity shall give a written disclosure to
14the client stating an architect will be engaged by and
15will be contractually responsible to the design-build
16entity offering design-build services and will not be
17responsible to the client.

18(iii) The design-build entity shall agree that the
19architect will have direct supervision of the
20architectural work.

21(iv) The contract between the design-build entity
22and the client shall set forth the name of the
23architectural firm which will be contractually
24responsible to the design-build entity for providing
25architectural services.

26Section <-4 5. This act shall take effect in 60 days.