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PRINTER'S NO. 1879
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1319
Session of
2024
INTRODUCED BY FARRY, KEARNEY AND COMITTA, SEPTEMBER 13, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 13, 2024
AN ACT
Amending the act of December 14, 1982 (P.L.1227, No.281),
entitled "An act regulating the practice of architecture in
the Commonwealth of Pennsylvania; providing for the
examination and licensure of architects by a State Architects
Licensure Board; and providing penalties," further providing
for title of act, for short title, for declaration of
purpose, for definitions, for creation of board and
appointment and term of members and officers, for
organization of board, for powers of board, for duties of
board, for examination and qualification of applicants, for
reciprocal licensing, for issuance and renewal of
certificates, for payment and disposition of fees and for
seal of architect; providing for architectural firm
registration and for architectural firm names; further
providing for permitted practices, for existing licenses, for
existing rules and regulations and for unauthorized practice
prohibited; providing for certification of interior
designers; further providing for disciplinary proceedings,
for penalties and for complaint procedure and hearings;
providing for regulations; further providing for
severability, for repeals and for effective date; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of December 14, 1982
(P.L.1227, No.281), known as the Architects Licensure Law, is
amended to read:
AN ACT
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Regulating the practice of architecture and the provision of
interior design services as a certified interior designer in
the Commonwealth of Pennsylvania; providing for the
examination and licensure of architects and the certification
of interior designers by a State Architects Licensure Board;
and providing penalties.
Section 2. The act is amended by adding a chapter heading to
read:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 3. Section 1 of the act is renumbered to read:
Section [1] 101. Short title.
This act shall be known and may be cited as the "Architects
Licensure Law."
Section 4. Sections 2 and 3 of the act are amended to read:
Section [2] 102. Declaration of purpose.
In order to protect the health, safety and property of the
people of the Commonwealth of Pennsylvania and to promote their
welfare, no person shall engage in the practice of architecture
or provide interior design services as a certified interior
designer in this Commonwealth except in compliance with the
requirements of this act.
Section [3] 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Accredited school." Any educational institution with an
academic program in architecture or interior design services
accredited by a national [architectural] accrediting body or
approved by the board.
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"Architect." An individual licensed under this act to engage
in the practice of architecture within the Commonwealth of
Pennsylvania.
"Board." The Architects Licensure Board established by this
act.
"Certificate." The certificate [of licensure] issued by the
board under Chapter 7 indicating that the individual named
[therein is an architect] is a certified interior designer.
"Certified interior designer." An individual who is
certified under this act to provide interior design services.
"Continuing education." Postlicensure or postcertification
learning that enables an architect or certified interior
designer to increase or update knowledge and competency in
technical and professional subjects related to the practice of
architecture or provision of interior design services,
respectively.
"Design-build." A project delivery method whereby a design-
build entity signs a single contract to provide a combination of
architectural and construction services to a client.
"Design-build entity." An entity which provides by single
contract to a client a combination of architectural and
construction services.
"Interior design services." The rendering or offering to
render services in the preparation and administration of
documents, including drawings, schedules and specifications
which pertain to the design intent and planning of interior
spaces, including furnishings, layout, fixtures, cabinetry,
lighting and device location and type, finishes, materials and
interior construction not materially related to or materially
affecting the building systems. The term does not include the
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practice of architecture.
"License." The license issued by the board under Chapter 5
indicating that the individual named is authorized to engage in
the practice of architecture as an architect.
"Practice of architecture." The rendering or offering to
render certain services, hereinafter described, in connection
with the design and construction of a structure or group of
structures which have as their principal purpose human
habitation or use, and the utilization of space within and
surrounding such structures. The services referred to in the
previous sentence include planning, providing preliminary
studies, designs, drawings, specifications, and other design
documents, construction management and administration of
construction contracts. The foregoing shall not be deemed to
include the practice of engineering as such, for which separate
registration is required under the provisions of the act of May
23, 1945 (P.L.913, No.367), known as the ["Professional
Engineers Registration Law,"] "Engineer, Land Surveyor and
Geologist Registration Law," excepting only engineering work
incidental to the practice of architecture.
"Professional degree." A first professional degree in
architecture conferred by an accredited school.
Section 5. The act is amended by adding a chapter heading to
read:
CHAPTER 3
ARCHITECTS LICENSURE BOARD
Section 6. Sections 4, 5, 6 and 7 of the act are amended to
read:
Section [4] 301. Creation of board; appointment and term of
members and officers.
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(a) There is hereby established an Architects Licensure
Board which shall consist of the Commissioner of Professional
and Occupational Affairs, the Director of the Bureau of Consumer
Protection in the Office of Attorney General, or [his designee,
two members who shall represent the public at large] the
director's d esignee, two members who shall represent the public
at large, one member who shall be a certified interior designer,
and [five] seven members, all of whom shall be architects, who
have been in the active practice of architecture in the
Commonwealth of Pennsylvania for not less than seven years prior
to their appointment.
(b) Each professional and public member of the board shall
be appointed by the Governor with the advice and consent of the
Senate. The confirmed members of the State Board of Examiners of
Architects constituted under the act of July 12, 1919 (P.L.933,
No.369), referred to as the Architects Registration Law, who
were members on December 14, 1982, and the presently confirmed
members of the [Architects Licensure Board] board constituted
under this act as of December 31, 1983, shall continue to serve
as board members until their terms of office expire but not
longer than six months beyond the expiration of such term. In
the event that any of said members shall die or resign during
his term of office, his successor shall be appointed in the same
way and with the same qualifications as above set forth and
shall hold office for the unexpired term. When terms of the
present board members expire, the next term of succeeding board
members shall be designated to expire at different times so that
one member shall be appointed for a term of one year, one member
shall be appointed for a term of two years, one member shall be
appointed for a term of three years, one member shall be
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appointed for a term of four years, and one member shall be
appointed for a full term of five years. Successive terms shall
be four years or until his successor is appointed and qualified.
(c) A member appointed for a full term shall not be eligible
for more than two consecutive full terms.
(d) Each member of the board shall take and subscribe to the
oath of office generally required of State officials.
(e) A member of the board who fails to attend three
consecutive meetings shall forfeit his seat unless the
Commissioner of Professional and Occupational Affairs, upon
written request from the member, finds that the member should be
excused from a meeting because of illness or the death of an
immediate family member.
(f) The board is subject to evaluation, review and
termination within the time and in the manner provided in the
act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
Act."
(g) [Five] Seven members of the board shall constitute a
quorum.
Section [5] 302. Organization of board.
(a) An organizational meeting of the board shall be held
annually at which time the board shall elect from its membership
a president, a vice president and a secretary, who shall serve
for one year or until their successors are duly elected. The
board may meet at least once a month and at other times as the
board, in consultation with the Commissioner of Professional and
Occupational Affairs, deems desirable. Other meetings of the
board may be called in accordance with rules and regulations
promulgated by the board. Adequate public notice of the time and
place of meetings of the board shall be given.
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(b) Should a vacancy in the office of president, vice
president or secretary of the board occur, the remaining members
of the board shall fill such vacancy by election.
(c) The majority of the board shall constitute a quorum for
the transaction of all business, but no action shall be taken at
any meeting without the majority of the current board membership
in accord.
(d) Each professional and public member of the board shall
be paid reasonable traveling, hotel and other necessary expenses
and per diem compensation at the rate of $60 for each day of
actual service while on board business.
Section [6] 303. Powers of board.
(a) The board may establish reasonable rules and regulations
to carry out the provisions of this act.
(b) The board may establish, by regulations consistent with
the policy contained in this act, standards of professional
conduct for architects and certified interior designers.
(c) The board shall schedule examinations in compliance with
the provisions of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929," for individuals
applying for licenses or certificates at least once each year,
provided the architect applicants are qualified under [sections
8 and 9] Chapter 5 and the certified interior designer
applicants are qualified under Chapter 7. The board may
establish such rules and regulations consistent with this act
for the examination of applicants as it deems appropriate.
(d) The board shall issue [certificates] licenses to
individuals who have qualified to engage in the practice of
architecture and certificates to individuals who have qualified
to engage in interior design services as certified interior
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designers under the provisions of this act. The board may
establish such rules and regulations consistent with this act
for the issuance and renewal of licenses and certificates as it
deems appropriate, including rules for the issuance of licenses
and certificates by reciprocity.
(e) The board shall have the power to administer and enforce
the laws of the Commonwealth of Pennsylvania relating to the
practice of architecture and the provision of interior design
services as a certified interior designer and to instruct and
require its agents to initiate appropriate proceedings for
unauthorized and unlawful practice.
(f) The board shall have the power to take disciplinary
action as described in this act. In all disciplinary proceedings
brought pursuant to this act, the board shall have the power to
administer oaths, to summon witnesses, and to compel the
production of documents in accordance with law. Upon the failure
of any person to appear or produce documents in accordance with
the board's order, the board may take appropriate action in
accordance with the act of October 15, 1980 (P.L.950, No.164),
known as the "Commonwealth Attorneys Act," to enforce
compliance.
(g) The board shall have the power to take appropriate
actions to initiate injunction and criminal prosecution
proceedings in connection with the unlawful and unauthorized
practice of architecture or the provision of interior design
services as a certified interior designer or other violations of
this act. Injunction and criminal proceedings shall be
instituted in accordance with the "Commonwealth Attorneys Act."
(h) The board shall have the power to appoint, with the
approval of the Governor, such hearing examiners as shall be
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necessary to conduct hearings as may be required under section
[21] 903. The board shall have the power to adopt and promulgate
rules and regulations setting forth the functions, powers,
standards and duties to be followed by its hearing examiners.
Section [7] 304. Duties of board.
(a) The board shall keep a record of its proceedings and the
board shall keep records relating to applications. Records
relating to applications shall include the name, age and last
known address of each applicant for licensure or certification,
information concerning each applicant's education, experience
and other qualifications, the text of all examinations
administered and the results thereof and such other information
as the board deems appropriate. The records of the board shall
be prima facie evidence in the proceedings and a certified
transcript by the secretary shall be admissible in evidence with
the same force and effect as if the original were produced.
(b) The board shall maintain an up-to-date roster showing
the names and addresses of the places of business of all
[architects licensed] licensed architects and certified interior
designers under this act, and under prior laws, and licensed or
certified by the board, which roster shall be published in
booklet form by the board every five years. In the interim years
following the publishing of the complete roster, the board shall
each year publish a supplemental roster containing the name,
license or certification numbers where applicable, and addresses
of all [architects licensed] licensed architects and certified
interior designers by the board subsequent to the publishing of
the last published roster or supplemental roster.
(c) The board shall maintain records relating to all
[architects licensed] licensed architects and certified interior
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designers in the Commonwealth of Pennsylvania. Such records
shall include all information directly related to the practice
of architecture and the provision of interior design services by
certified interior designers as defined herein.
(d) Annually at the end of its fiscal year, the board shall
submit to the Commissioner of Professional and Occupational
Affairs a report of its activities and transactions of the
preceding year. The board shall also submit to the Commissioner
of Professional and Occupational Affairs and to the House and
Senate Appropriations Committees, 15 days after the Governor has
submitted his budget to the General Assembly, a proposed budget
request for its operation for the succeeding fiscal year.
(e) The board shall submit annually a report to the
Professional Licensure Committee of the House of Representatives
and to the Consumer Protection and Professional Licensure
Committee of the Senate a description of the types of complaints
received, status of cases, board action which has been taken and
the length of time from the initial complaint to final board
resolution.
Section 7. The act is amended by adding a chapter heading to
read:
CHAPTER 5
LICENSURE OF ARCHITECTS
Section 8. Sections 8, 9, 10, 11, 12 and 13 of the act are
amended to read:
Section [8] 501. Examination and qualification of architect
applicants.
(a) Any individual of good character, who is a legal
resident of Pennsylvania or who is in the employ of or under the
direct supervision of an architect licensed with the board and
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who maintains a practice in the Commonwealth of Pennsylvania
under a permanent Pennsylvania business address may apply for a
[certificate] license under this act. An individual may not
practice architecture or use the title of architect in this
Commonwealth without being issued a license by the board under
this chapter.
(a.1) In assessing the character of an applicant under this
section with a criminal conviction, the board shall conduct an
individualized assessment in accordance with 63 Pa.C.S. § 3113
(relating to consideration of criminal convictions).
(b) Each applicant for a [certificate] license shall submit
evidence satisfactory to the board that the applicant holds a
professional degree in architecture from an accredited school
and has obtained at least three years' practical experience in
the employ of or under the direct supervision of a [registered]
licensed architect or as part of the applicant's academic
training. In lieu of a professional degree in architecture, the
board may accept evidence of at least six years' practical
experience obtained in the employ of or under the direct
supervision of a [registered] licensed architect which may
include academic training. The board may require that applicants
who do not hold a professional degree in architecture must first
pass a qualifying examination before being admitted to the
licensing examination described in subsection (c). The board may
at its discretion adopt as its standards for minimum education
and experience, the current guidelines on education, training
and experience equivalents adopted by the National Council of
Architectural Registration Boards.
(c) Each applicant for licensing who satisfies subsections
(a) and (b) shall submit to a licensing examination. The
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examination shall cover such technical and professional subjects
and shall be graded on such basis as the board shall by
regulation prescribe. The board may at its discretion adopt the
examination and recommended grading procedures adopted by the
National Council of Architectural Registration Boards.
(d) The board may require applicants under this section and
section [9] 502 to appear for a personal interview.
Section [9] 502. Reciprocal architect licensing.
(a) The board may issue a [certificate] license, without
examination, to any individual who is registered, licensed or
certified as an architect in another state or country where the
qualifications required are equivalent to those required in this
State. The possession of a certificate from the National Council
of Architectural Registration Boards shall be prima facie
evidence that the individual meets the qualifications required
in this State.
(b) The board may issue a [certificate] license to
individuals who have lawfully practiced architecture in another
state or country for a period of more than ten years if such
individual achieves a satisfactory score on a practical
examination of a nature determined by the board.
(c) A resident of another state who is licensed to engage in
the practice of architecture in the state where [his] the
resident's office is located may offer to perform architectural
services in the Commonwealth of Pennsylvania without first
obtaining a [certificate] license. Architectural services,
however, may not actually be performed by a nonresident
architect until a [certificate] license is obtained.
(d) An individual who is licensed to engage in the practice
of architecture in a foreign country where [his] the
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individual's office is located and in addition holds a National
Council of Architectural Registration Boards certificate may be
admitted to this Commonwealth for the purpose of offering to
perform architectural services and for that purpose only without
first obtaining a [certificate] license. Architectural services,
however, may not actually be performed by a foreign architect
until a [certificate] license is obtained.
Section [10] 503. Issuance and renewal of [certificates]
architect licenses.
(a) Upon payment of the fees required by section [11] 504,
an individual who has complied with section [8 or 9] 501 or 502
shall be entitled to a [certificate] license indicating that
[he] the individual is qualified to engage in the practice of
architecture in this Commonwealth. Each [certificate] license
shall contain the name of the individual to whom it was issued
and shall be valid for a period of two years.
(b) Every [certificate] license shall expire on the day
prescribed by rules and regulations promulgated by the board. An
architect may renew [his certificate] the architect's license
by paying the renewal fee required by section [11(c)] 504(c). If
the licensee fails to pay the renewal fee when required and
fails to notify the board of [his or her] the licensee's
intention not to practice architecture, [his certificate and his
right] the license and the right to practice architecture shall
expire. An architect who fails to renew [his certificate] the
architect's license may not engage in the practice of
architecture and may not thereafter renew [his certificate] the
license except upon payment of the renewal fee, penalty fee and
the restoration fee required by section [11(c)] 504(c).
(c) A duplicate [certificate] license to replace one which
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has been lost, destroyed or mutilated may be issued by the board
upon payment of the fee required by section [11(d)] 504(c). The
board reserves the right to require architects requesting
duplicate [certificates] licenses to furnish documentation
satisfactory to the board relative to loss, destruction or
mutilation of original [certificate] license.
(d) [Certificates] Licenses issued to architects shall not
be transferable.
(e) As a condition of biennial renewal, an architect shall
provide the board with documentation of successful completion of
a minimum of 24 hours of continuing education in the subject
areas of health, safety and welfare.
(f) A licensee of another jurisdiction where the licensee's
primary practice is located shall be deemed to have satisfied
the continuing education requirement under subsection (e) if the
licensee documents the completion of any continuing education
requirement in the jurisdiction of the licensee's primary
practice with the board.
(g) A licensee shall ensure that documentation of successful
completion of the continuing education requirement under
subsection (e) is properly signed as being correct and true.
(h) An individual who is applying for initial licensure to
engage in the practice of architecture shall be exempt from the
continuing education requirement under subsection (e) during the
initial licensure period.
(i) The board may waive all or part of the continuing
education requirement under subsection (e) for a licensee who
provides evidence satisfactory to the board that the licensee is
unable to complete the requirement due to illness, emergency,
hardship or active military service.
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(j) The board may not approve courses in office management
or practice building for the purpose specified under subsection
(e).
(k) The board may preapprove continuing education providers
and courses for the purpose specified under subsection (e).
(l) The board may promulgate regulations for the continuing
education of architects to demonstrate competence to practice
architecture for the purpose specified under subsection (e).
Section [11] 504. Payment and disposition of architect
licensing fees.
(a) All fees required under the provisions of this act shall
be fixed by the board by regulation and shall be subject to
review in accordance with the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act." If the revenues
generated by fees, fines and civil penalties imposed in
accordance with the provisions of this act are not sufficient to
match expenditures over a two-year period, the board shall
increase those fees by regulation, subject to review in
accordance with the "Regulatory Review Act," such that projected
revenues will meet or exceed projected expenditures.
(b) If the Bureau of Professional and Occupational Affairs
determines that the fees established by the board are inadequate
to meet the minimum enforcement efforts required, then the
bureau, after consultation with the board, shall increase the
fees by regulation, subject to review in accordance with the
"Regulatory Review Act," such that adequate revenues are raised
to meet the required enforcement effort.
(c) Fees shall be collected and appropriated in accordance
with the act of July 1, 1978 (P.L.700, No.124), known as the
"Bureau of Professional and Occupational Affairs Fee Act."
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Section [12] 505. Seal of architect.
(a) Every architect shall obtain a seal approved by rules
and regulations promulgated by the board and shall impress said
seal on drawings, specifications and other design documents
prepared by the individual or under the architect's personal
supervision for use in this State. An architect who impresses
[his] the architect's seal or knowingly permits it to be
impressed on drawings, specifications or other design documents
which were not prepared by [him] the architect or under [his]
the architect's personal supervision shall be guilty of a
violation of this act and shall be subject to the penalties
provided herein. Any person who impresses an architect's seal or
knowingly permits it to be impressed on drawings, specifications
or other design documents after the architect's [certificate]
license has expired, or has been revoked, annulled or suspended,
shall be guilty of a violation of this act and shall be subject
to the penalties provided herein.
(b) A stamp of design identical to the prescribed seal may
be used in lieu of a seal.
(c) Upon the forfeiture, revocation, suspension or annulment
of a [certificate,] license or upon expiration of a
[certificate] license without renewal, an architect shall
surrender [his or her] the architect's seal or stamp to the
board. Upon the death of an architect, [his] the architect's
personal representative shall surrender said seal or stamp to
the board in accordance with rules and regulations promulgated
by the board. The board shall have the power to take appropriate
action, in accordance with the "Commonwealth Attorneys Act," to
enforce this subsection.
Section [13. Firm practice.] 506. Architectural firm
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registration.
(a) An individual architect or a group of architects in
Pennsylvania may practice architecture in one of the following
forms of architectural firms:
(1) sole proprietorship;
(2) partnership;
(3) professional association;
(4) professional corporation;
(5) business corporation;
(6) limited liability company; or
(7) limited liability partnership.
(b) A partnership may engage in the practice of architecture
in Pennsylvania provided it complies with the provisions of 15
Pa.C.S. Ch. 83 (relating to general partnerships) and that it
also satisfies the following requirements:
(1) At least two-thirds of the partners are licensed
under the laws of any state to practice architecture,
engineering or landscape architecture.
(2) At least one-third of the partners are licensed
under the laws of any state to practice architecture.
(c) A professional association may engage in the practice of
architecture in Pennsylvania provided it complies with the
provisions of 15 Pa.C.S. Ch. 93 (relating to professional
associations) and must also satisfy the following requirements:
(1) At least two-thirds of the members of the board of
governors are licensed under the laws of any state to
practice architecture, engineering or landscape architecture.
(2) At least one-third of the members of the board of
governors are licensed under the laws of any state to
practice architecture.
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(d) A professional corporation shall comply with the
provisions of 15 Pa.C.S. Ch. 29 (relating to professional
corporations).
(e) A business corporation may engage in the practice of
architecture in Pennsylvania, provided that it complies with the
provisions of 15 Pa.C.S. Pt. II Subpt. B (relating to business
corporations) and that it also satisfies the following
requirements:
(1) At least two-thirds of the directors are licensed
under the laws of any state to practice architecture,
engineering or landscape architecture.
(2) At least one-third of the directors are licensed
under the laws of any state to practice architecture.
(3) At least two-thirds of all classes of voting stock
issued and outstanding at any one time shall be owned by an
individual or individuals licensed under the laws of any
state to practice architecture, engineering or landscape
architecture.
(4) At least one-third of all classes of voting stock
issued and outstanding at any one time shall be owned by an
individual or individuals licensed under the laws of any
state to practice architecture.
(f) A limited liability company may engage in the practice
of architecture in this Commonwealth provided that it complies
with the provisions of 15 Pa.C.S. Ch. 89 (relating to limited
liability companies) and that it also satisfies the following
requirements:
(1) At least two-thirds of the members if managed by
members or at least two-thirds of the managers if managed by
managers are licensed under the laws of any state to practice
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architecture, engineering or landscape architecture.
(2) At least one-third of the members if managed by
members or at least one-third of the managers if managed by
managers are licensed under the laws of any state to practice
architecture.
(3) At least two-thirds of all classes of voting
membership at any one time shall be owned by an individual or
individuals licensed under the laws of any state to practice
architecture, engineering or landscape architecture.
(4) At least one-third of all classes of voting
membership at any one time shall be owned by an individual or
individuals licensed under the laws of any state to practice
architecture.
(g) A partnership which has elected to be a limited
liability partnership and to be governed by the provisions of 15
Pa.C.S. Ch. 82 (relating to registered limited liability
partnerships) may engage in the practice of architecture in this
Commonwealth provided it complies with the provisions of 15
Pa.C.S. Ch. 82 and that it also satisfies the following
requirements:
(1) At least two-thirds of the partners are licensed
under the laws of any state to practice architecture,
engineering or landscape architecture.
(2) At least one-third of the partners are licensed
under the laws of any state to practice architecture.
(h) A partnership, professional association, corporation,
limited liability company or limited liability partnership
engaged in the practice of architecture having fewer than three
partners, governors, shareholders or directors, members or
managers under this section shall have at least one partner,
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governor, shareholder or director, member or manager who is an
individual duly certified to practice architecture in the
Commonwealth pursuant to this act.
(i) Each project undertaken by a firm engaged in the
practice of architecture in the Commonwealth of Pennsylvania
must be under the personal supervision of a partner in the case
of a partnership or limited liability partnership, a member of
the board of governors in the case of a professional
association, a shareholder in the case of a professional
corporation, a director in the case of a business corporation or
member or manager in the case of limited liability company who
holds a [certificate] license to engage in the practice of
architecture in this Commonwealth pursuant to this act. The seal
of such individuals must appear on all drawings, specifications
and other design documents issued by the firm for such projects.
(j) The board shall by promulgation of rules and
regulations, require any partnership, professional association,
professional corporation, business corporation, limited
liability company or limited liability partnership practicing
architecture in this State to file with the board information
concerning its officers, directors, partners, professional
association board of governors, beneficial owners, members or
managers and such other aspects of its organization as the board
deems appropriate. In the administration of this subsection, the
board may require each partnership, professional association,
professional corporation, business corporation, limited
liability company or limited liability partnership to pay an
annual filing fee in the amount determined by the board by
promulgation of rules and regulations.
(k) No corporation, professional association, partnership,
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limited liability company or limited liability partnership may
perform any act relating to the practice of architecture which
an individual architect is prohibited from doing.
(l) Nothing in this section shall be construed to prevent
the practice of architecture by an individual as an employee of
a person, partnership or corporation which is not an
architectural firm, provided such individual holds a
[certificate] license to practice architecture in the
Commonwealth in conformity with the provisions of this act and
the architect's seal is affixed to all documents prepared by
[him or under his] the architect or under the architect's
personal supervision for use in this Commonwealth.
(m) An architectural firm authorized to practice under
subsections (a) through (i) will be allowed to offer design-
build services consistent with the provisions of section [15(9)]
508(9).
Section 9. Section 14 of the act is renumbered to read:
Section [14. Firm] 507. Architectural firm names.
An individual or group of individuals satisfying the
requirements of this act and engaged in the practice of
architecture in this Commonwealth may adopt any name which is
not prohibited by law or the ethics of the profession in which
the individual or group of individuals is engaged or by rules
and regulations promulgated by the board.
Section 10. Sections 15 and 16 of the act are amended to
read:
Section [15] 508. Permitted practices.
Nothing contained in this act shall be construed to prohibit:
(1) Persons acting under the personal supervision of an
architect from carrying out their normal duties in the
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preparation of drawings, specifications and other design and
construction documents or in administering construction
contracts or in performing construction management services.
(2) [Engineers registered under the act of May 23, 1945
(P.L.913, No.367), known as the "Professional Engineers
Registration Law," as amended,] Professional engineers
licensed under the act of May 23, 1945 (P.L.913, No.367),
known as the "Engineer, Land Surveyor and Geologist
Registration Law," from performing the services for which
they are duly licensed or from performing such services
included in the practice of architecture as may be incidental
to their engineering work.
(3) The preparation of any shop drawings or the
performance of construction management services by persons
customarily engaged in construction work.
(4) The preparation of any drawings or other design
documents for detached one-family or two-family dwellings not
more than three stories in height and their accessory
structures.
(5) The preparation of any drawings or other design
documents for any utility or farm structure when such utility
or farm structure is used in connection with a farm
residence.
(6) The preparation of any drawings or other design
documents for the remodeling or alteration of a building not
involving structural or egress changes or additions thereto[,
provided that the author of such plans or other design
documents shall not receive any compensation as the author
thereof].
(7) Officers and employees of the Government of the
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United States, while engaged within this Commonwealth, in the
practice of architecture for said government.
(8) Any person while in the regular employment of any
railroad, telephone or telegraph company engaged in
interstate commerce.
(9) Design-build services strictly in accordance with
the following practices: a design-build entity not authorized
to practice under section [13(a)] 506(a) through (i) may
offer design-build services if the architectural services in
the design-build process are provided in accordance with the
following:
(i) An architectural firm which has been authorized
to practice architecture in this Commonwealth under
section [13(a)] 506(a) through (i) shall independently
contract with a design-build entity and is responsible
for all material aspects of the practice of architecture
as defined in section [3] 103.
(ii) At the time a design-build entity offers a
written design-build proposal for a specific project, the
design-build entity shall give a written disclosure to
the client stating an architect will be engaged by and
will be contractually responsible to the design-build
entity offering design-build services and will not be
responsible to the client.
(iii) The design-build entity shall agree that the
architect will have direct supervision of the
architectural work.
(iv) The contract between the design-build entity
and the client shall set forth the name of the
architectural firm which will be contractually
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responsible to the design-build entity for providing
architectural services.
(10) An architect from offering to provide or providing
interior design services.
Section [16] 509. Existing architect licenses.
Nothing in this act shall be construed to terminate any
rights of individual architects licensed and engaged in the
practice of architecture at the time of the passage of this act.
Any architect so licensed shall be allowed to continue his
licensure and to practice architecture in a manner consistent
with the provisions of this act.
Section 11. Section 17 of the act is renumbered to read:
Section [17] 510. Existing rules and regulations.
Each rule and regulation of the board in effect on the date
of the passage of this act shall remain in effect after such
date until repealed or amended by the board, unless such rule or
regulation is inconsistent with any provision of this act.
Section 12. Section 18 of the act is amended to read:
Section [18] 511. Unauthorized practice of architecture
prohibited.
(a) Except as provided in section [9(c)] 502(c) and (d), no
individual shall engage in the practice, or offer to engage in
the practice of architecture in this State, or use the title of
architect or use any sign, card or device implying that such
individual is an architect, or is competent to engage in the
practice of architecture, unless such individual holds a
currently valid [certificate] license issued pursuant to this
act.
(b) Except as provided in section [9(c)] 502(c) and (d), no
partnership, professional association, corporation, limited
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liability company or limited liability partnership shall engage
in the practice or offer to engage in the practice of
architecture in this Commonwealth, or use any title, sign, card
or device implying that such partnership, professional
association, corporation, limited liability company or limited
partnership is competent to engage in the practice of
architecture, unless such partnership, professional association,
corporation, limited liability company or limited liability
partnership complies with section [13] 506.
Section 13. The act is amended by adding a chapter to read:
CHAPTER 7
CERTIFICATION OF INTERIOR DESIGNERS
Section 701. Examination and qualification of certified
interior designer applicants.
(a) Application.--Any individual of good character may apply
for a certificate under this act to engage in the provision of
interior design services as a certified interior designer. In
assessing the character of an applicant with a criminal
conviction, the board shall conduct an individualized assessment
in accordance with 63 Pa.C.S. § 3113 (relating to consideration
of criminal convictions).
(b) Eligibility.--An applicant for a certificate under this
section shall submit evidence satisfactory to the board that the
applicant has met the eligibility requirements to take a
national certification exam approved by the board, including all
of the following:
(1) A professional degree in interior design or
architecture from an accredited school.
(2) At least two years of practical experience under the
direct supervision of a nationally certified interior
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designer or architect.
(c) Grading procedures.--The board may, at its discretion,
adopt the examination and recommended grading procedures adopted
by the Council for Interior Design Qualification on the
effective date of this subsection.
(d) Interviews.--The board may require an applicant under
this section and section 702 to appear for a personal interview.
Section 702. Reciprocal certification of interior designers.
(a) Reciprocity.--The board may issue a certificate to
provide interior design services as a certified interior
designer in this Commonwealth, without examination, to any
individual who is licensed, registered or certified as an
interior designer in another state or country where the
qualifications required are equivalent to those required in this
Commonwealth. The possession of a certificate from the Council
for Interior Design Qualification shall be prima facie evidence
that the individual meets the qualifications required in this
Commonwealth.
(b) Examination.--The board may issue a certificate to
provide interior design services as a certified interior
designer to an individual who has lawfully provided interior
design services as an interior designer licensed, registered or
certified in another state or country for a period of more than
10 years if the individual achieves a satisfactory score on a
practical examination of a nature determined by the board.
(c) Certificate not required.--An individual who is
licensed, registered or certified as an interior designer in
another jurisdiction may offer and provide interior design
services in this Commonwealth without first obtaining a
certificate.
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(d) Architects.--The board shall issue a certificate to
provide interior design services, without examination or
additional fees, to an architect who applies and demonstrates
competency in the field of interior design in this Commonwealth
as determined by the board.
Section 703. Issuance and renewal of certificates of interior
designers.
(a) Issuance.--Upon payment of the same fee for a
certification required by the board, an individual who has
complied with section 701 or 702 shall be entitled to a
certificate indicating that the individual is certified under
this act to provide interior design services as a certified
interior designer in this Commonwealth. Each certificate shall
contain the name of the individual to whom it was issued and the
individual's certification number and shall be valid for a
period of two years.
(b) Renewal.-- Every certificate shall expire on the day
prescribed by rules and regulations promulgated by the board. A
certified interior designer may renew a certificate by paying
the renewal fee for a certificate required by the board. If the
certificate holder fails to pay the renewal fee when required
and fails to notify the board of the certificate holder's
intention not to provide interior design services, the
certificate and the right to provide interior design services as
a certified interior designer shall expire. Except as otherwise
provided in this chapter, a certified interior designer who
fails to renew a certificate may not engage in the provision of
interior design services as a certified interior designer except
upon payment of the renewal fee, penalty fee and restoration fee
for a certificate required by the board.
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(c) Duplicates.--A duplicate certificate to replace one
which has been lost, destroyed or mutilated may be issued by the
board upon payment of the renewal fee, penalty fee and the
restoration fee for a certificate required by the board.
(d) Nontransferable.--Certificates issued to certified
interior designers shall not be transferable.
(e) Continuing education.--As a condition of biennial
renewal, a certified interior designer shall provide the board
with documentation of successful completion of a minimum of 24
hours of continuing education, half of which shall be in the
subject areas of health, safety and welfare.
(f) Signature requirement.--A certified interior designer
shall ensure that documentation of successful completion of the
continuing education requirement under subsection (e) is
properly signed as being correct and true.
(g) Exemption.--An individual who is applying for initial
certification to provide interior design services shall be
exempt from the continuing education requirement under
subsection (e) during the biennial certification period in which
the individual obtained the initial certification.
(h) Waivers.--The board may waive all or part of the
continuing education requirement under subsection (e) for a
certified interior designer who provides evidence satisfactory
to the board that the certificate holder is unable to complete
the requirement due to illness, emergency, hardship or active
military service.
(i) Prohibition.--The board may not approve courses in
office management or practice building for the purpose specified
under subsection (e).
(j) Preapproval.--The board may preapprove continuing
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education providers and courses for the purpose specified under
subsection (e).
(k) Regulations.--The board may promulgate regulations for
the continuing education of certified interior designers to
demonstrate competence in interior design services for the
purpose specified under subsection (e).
Section 704. Document requirements for certified interior
designers.
A certified interior designer shall ensure that all interior
design documents, including drawings, schedules and
specifications prepared by the certified interior designer, bear
the signature and certificate number of the certified interior
designer and the date when each document was signed by the
certified interior designer on each document's title block. If
an architect personally supervises the preparation of an
interior design document, the certificate number of the
certified interior designer shall not be required under this
section.
Section 14. The act is amended by adding a chapter heading
to read:
CHAPTER 9
PENALTIES
Section 15. Sections 19, 20 and 21 of the act are amended to
read:
Section [19] 901. Disciplinary proceedings.
(a) The board may refuse to issue a license or certificate
to an applicant or may refuse, revoke or suspend a license of an
architect or a certificate of an interior designer, censure an
architect or certified interior designer, issue a letter of
reprimand, restrict a licensee or certificate holder and attach
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certain conditions to a license or certificate for any of the
following acts:
(1) Bribery, fraud, misstatement or misrepresentation of
fact by an applicant in connection with this application for
a license or certificate.
(2) Engaging in the practice of architecture or
providing interior design services as a certified interior
designer in this Commonwealth in violation of any provisions
of this act or the rules and regulations promulgated
thereunder.
(3) Having a license to practice architecture or a
certificate to provide interior design services as a
certified interior designer revoked or suspended or having
other disciplinary action taken by the proper licensing or
certificating authority of another state, territory or
country.
(4) Engaging in the practice of architecture or
providing interior design services as a certified interior
designer in this Commonwealth in violation of the standards
of professional conduct established by rules and regulations
promulgated by the board.
(5) Aiding or abetting any individual, partnership,
association or corporation to engage in the practice of
architecture or providing interior design services as a
certified interior designer in violation of any provisions of
this act.
(6) Bribery, fraud, deceit, recklessness, gross
negligence or incompetence in the practice of architecture or
in the provision of interior design services as a certified
interior designer.
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(7) Use of an architect's seal in violation of section
[12] 505 or the use of a certified interior designer's number
is violation of section 704.
(8) Conviction of a felony or a crime involving moral
turpitude. Conviction shall include a finding or verdict of
guilt, an admission of guilt or a plea of nolo contendere.
(b) A plea of nolo contendere shall be deemed to be a
conviction for purposes of this section.
(c) Unless ordered to do so by a court, the board shall not
reinstate the [certificate] license of a person to practice as
an architect or the certificate of a person to provide interior
design services as a certified interior designer which has been
revoked and such person shall be required to apply for a license
or certificate after a period of five years in accordance with
section [8 if he] 501 or 701 if the person desires to practice
at any time after such revocation.
Section [20] 902. Penalties.
(a) Any person who engages or who offers to engage in the
practice of architecture or provides interior design services as
a certified interior designer without holding a currently valid
license or certificate as required by this act, or any person
who violates any of the provisions of this act shall, for a
first offense, be guilty of a summary offense and upon
conviction thereof shall be sentenced to pay a fine not
exceeding $500 or suffer imprisonment not exceeding 90 days, or
both, and for a second or subsequent offense shall be guilty of
a misdemeanor and upon conviction thereof shall be sentenced to
pay a fine of not less than $2,000 but not more than $5,000, or
to suffer imprisonment of not less than one year, but not more
than two years, or both.
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(b) In addition to any other penalties imposed pursuant to
this act, any person who engages in the practice or offers to
engage in the practice of architecture or provides interior
design services as a certified interior designer without holding
a currently valid license or certificate as required by this act
or without complying with the requirements of section [13] 506
as an architect shall return any fees collected in connection
with the practice or offering to practice architecture or the
provision of interior design services as a certified interior
designer.
(c) The right of the board to refuse to issue a license or
certificate or to refuse, revoke or suspend a license or
certificate or censure an architect or certified interior
designer or issue a letter of reprimand or restrict a licensee
or certificate holder or attach conditions to a license or
certificate under this act shall be in addition to the penalties
set forth in this section.
(d) In addition to any other civil remedy or criminal
penalty provided for in this act, the board, by a vote of the
majority of the maximum number of the authorized membership of
the board as provided by law, or by a vote of the majority of
the duly qualified and confirmed membership or a minimum of four
members, whichever is greater, may levy a civil penalty of up to
$1,000 on any current licensee or certificate holder who
violates any provision of this act or on any person who
practices the profession of an architect without being properly
licensed or provides interior design services as a certified
interior designer without being properly certified to do so
under this act. The board shall levy this penalty only after
affording the accused party the opportunity for a hearing, as
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provided in Title 2 of the Pennsylvania Consolidated Statutes
(relating to administrative law and procedure).
(e) All fines and civil penalties imposed in accordance with
this section shall be paid into the Professional Licensure
Augmentation Account.
Section [21] 903. Complaint procedure and hearings.
(a) Any person may prefer charges against a person licensed
or holding a certificate under the provisions of this act by
submitting a written statement of charges, sworn to by the
complainant, to the board. In addition, the board may, on its
own motion, investigate the conduct of an applicant [or a],
licensee or certificate holder, and shall, in appropriate cases,
file a written statement of charges. The applicant [or],
architect or certified interior designer charged shall be
entitled to be represented by counsel. Hearings shall be
conducted in accordance with the provisions for hearings of
contested cases as prescribed by the applicable laws and
regulations relating to administrative hearings.
(b) The hearings may be held by the board or any member
thereof, or by any of its duly authorized hearing examiners or
by any other person duly authorized by the board for such
purpose in any particular case. The time and place of such
hearing shall be fixed by the board or its duly authorized
hearing examiner. Any member of the board or hearing examiner
authorized to conduct the hearing may administer oaths and
conduct investigations.
(c) When a matter is referred to a hearing examiner for
hearing, such person following the completion of the testimony
in the hearing before him shall, with reasonable dispatch, file
a report with the board setting forth his findings of fact and
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recommendation. Upon review of the record, the board by majority
vote, may adopt the findings in the report or may, with or
without additional testimony, either return the matter to the
representative for such further consideration as the board deems
necessary or make additional or other findings of fact on the
basis of all the legally probative evidence in the record and
enter its conclusions of law and order in accordance with the
requirements for the issuance of an adjudication under Title 2
of the Pennsylvania Consolidated Statutes (relating to
administrative law and procedure).
(d) The board may, in its discretion, issue a license or
certificate to any applicant denied licensure or certification
under section [19(a)] 901(a) upon presentation of suitable
evidence of reform.
Section 16. The act is amended by adding a chapter heading
to read:
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 17. The act is amended by adding a section to read:
Section 1101. Regulations .
The board may promulgate regulations necessary to implement
this act.
Section 17. Sections 22, 23 and 24 of the act are renumbered
to read:
Section [22] 1102. Severability.
The provisions of this act are severable and if any section
shall be declared invalid or void for any reason, the remainder
of the act shall not be affected or impaired.
Section [23] 1103. Repeals.
(a) The following acts and parts of acts are repealed
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absolutely:
Act of July 12, 1919 (P.L.933, No.369), entitled "An act to
regulate the practice of architecture in the Commonwealth of
Pennsylvania by providing for the examination and registration
of architects by a State Board of Examiners; defining the power
and duties of said board of examiners; and providing penalties
for the violation of this act."
Section 422, act of April 9, 1929 (P.L.177, No.175), known as
"The Administrative Code of 1929."
(b) All acts or parts of acts inconsistent herewith are
hereby repealed.
Section [24] 1104. Effective date.
This act shall take effect immediately.
Section 18. This act shall take effect in 60 days.
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