Passed by the Senate March 8, 2010 YEAS 42   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 3, 2010 YEAS 98   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5529 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 19, 2010, 1:46 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 19, 2010 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/23/09.
AN ACT Relating to architects; amending RCW 18.08.310, 18.08.320, 18.08.330, 18.08.340, 18.08.350, 18.08.360, 18.08.370, 18.08.410, 18.08.420, and 18.08.430; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.08.310 and 1985 c 37 s 2 are each amended to read
as follows:
(1) It is unlawful for any person to practice or offer to practice
architecture in this state, ((architecture,)) or to use in connection
with his or her name or otherwise assume, use, or advertise any title
or description including the word "architect," "architecture,"
"architectural," or language tending to imply that he or she is an
architect, unless the person is registered or authorized to practice in
the state of Washington under this chapter.
(2) An architect or architectural firm registered in any other
jurisdiction recognized by the board may offer to practice architecture
in this state if:
(a) It is clearly and prominently stated in such an offer that the
architect or firm is not registered to practice architecture in the
state of Washington; and
(b) Prior to practicing architecture or signing a contract to
provide architectural services, the architect or firm must be
registered to practice architecture in this state.
(3) A person who has an accredited architectural degree may use the
title "intern architect" when enrolled in a structured intern program
recognized by the board and working under the direct supervision of an
architect.
(4) The provisions of this section shall not affect the use of the
words "architect," "architecture," or "architectural" where a person
does not practice or offer to practice architecture.
Sec. 2 RCW 18.08.320 and 1985 c 37 s 3 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Accredited architectural degree" means a professional degree
from an institution of higher education accredited by the national
architectural accreditation board or an equivalent degree in
architecture as determined by the board.
(2) "Administration of the construction contract" means the
periodic observation of materials and work to observe the general
compliance with the construction contract documents, and does not
include responsibility for supervising construction methods and
processes, site conditions, equipment operations, personnel, or safety
on the work site.
(((2))) (3) "Architect" means an individual who is registered under
this chapter to practice architecture.
(((3))) (4) "Board" means the state board ((of registration)) for
architects.
(((4))) (5) "Certificate of authorization" means a certificate
issued by the director to a ((corporation or partnership)) business
entity that authorizes the entity to practice architecture.
(((5))) (6) "Certificate of registration" means the certificate
issued by the director to newly registered architects.
(((6))) (7) "Department" means the department of licensing.
(((7))) (8) "Director" means the director of licensing.
(((8))) (9) "Engineer" means an individual who is registered as an
engineer under chapter 18.43 RCW.
(((9))) (10) "Person" means any individual, partnership,
professional service corporation, corporation, joint stock association,
joint venture, or any other entity authorized to do business in the
state.
(((10))) (11) "Practice of architecture" means the rendering of
services in connection with the art and science of building design for
construction of any structure or grouping of structures and the use of
space within and surrounding the structures or the design for
construction of alterations or additions to the structures, including
but not specifically limited to predesign services, schematic design,
design development, preparation of construction contract documents, and
administration of the construction contract.
(((11))) (12) "Prototypical documents" means drawings or
specifications, prepared by a person registered as an architect in any
state or as otherwise approved by the board, that are not intended as
final and complete technical submissions for a building project, but
rather are to serve as a prototype for a building or buildings to be
adapted by an architect for construction in more than one location.
(13) "Registered" means holding a currently valid certificate of
registration or certificate of authorization issued by the director
authorizing the practice of architecture.
(((12))) (14) "Structure" means any construction consisting of
load-bearing members such as the foundation, roof, floors, walls,
columns, girders, and beams or a combination of any number of these
parts, with or without other parts or appurtenances.
(15) "Review" means a process of examination and evaluation, of the
documents, for compliance with applicable laws, codes, and regulations
affecting the built environment that includes the ability to control
the final product.
(16) "Registered professional design firm" means a business entity
registered in Washington to offer and provide architectural services
under RCW 18.08.420.
(17) "Managers" means the members of a limited liability company in
which management of its business is vested in the members, and the
managers of a limited liability company in which management of its
business is vested in one or more managers.
Sec. 3 RCW 18.08.330
and 1985 c 37 s 4 are each amended to read
as follows:
There is ((hereby)) created a state board ((of registration)) for
architects consisting of seven members who shall be appointed by the
governor. Six members shall be registered architects who are residents
of the state and have at least eight years' experience in the practice
of architecture as registered architects in responsible charge of
architectural work or responsible charge of architectural teaching.
One member shall be a public member, who is not and has never been a
registered architect and who does not employ and is not employed by or
professionally or financially associated with an architect.
The terms of each newly appointed member shall be six years. ((The
members of the board of registration for architects serving on July 28,
1985, shall serve out the remainders of their existing five-year terms.
The term of the public member shall coincide with the term of an
architect.))
Every member of the board shall receive a certificate of
appointment from the governor. On the expiration of the term of each
member, the governor shall appoint a successor to serve for a term of
six years or until the next successor has been appointed.
The governor may remove any member of the board for cause.
Vacancies in the board for any reason shall be filled by appointment
for the unexpired term.
The board shall elect a ((chairman)) chair, a ((vice-chairman))
vice-chair, and a secretary. The secretary may delegate his or her
authority to the executive ((secretary)) director.
Members of the board shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
Sec. 4 RCW 18.08.340 and 2002 c 86 s 201 are each amended to read
as follows:
(1) The board may adopt such rules under chapter 34.05 RCW as are
necessary for the proper performance of its duties under this chapter.
(2) The director shall employ an executive ((secretary)) director
subject to approval by the board.
Sec. 5 RCW 18.08.350 and 1997
c 169 s 1 are each amended to read
as follows:
(1) A certificate of registration shall be granted by the director
to all qualified applicants who are certified by the board as having
passed the required examination and as having given satisfactory proof
of completion of the required experience.
(2) Applications for examination shall be filed as the board
prescribes by rule. The application and examination fees shall be
determined by the director under RCW 43.24.086.
(3) An applicant for registration as an architect shall be of a
good moral character, at least eighteen years of age, and shall possess
((either)) one of the following qualifications:
(a) Have an accredited architectural degree and at least three
years' practical architectural work experience ((and have completed the
requirements of)) in a structured intern training program approved by
the board; or
(b) Have ((eight years' practical architectural work experience,
which may include designing buildings as a principal activity, and have
completed the requirements of a structured intern training program
approved by the board. Each year spent in an accredited architectural
education program approved by the board shall be considered one year of
practical experience. At least four years' practical work experience
shall be under the direct supervision of an architect)) a high school
diploma or equivalent and at least nine years of practical
architectural work experience, including the completion of a structured
intern training program under the direct supervision of an architect as
determined by the board. Prior to applying to enroll in a structured
intern training program, the applicant must have at least six years of
work experience, of which three years must be under the direct
supervision of an architect. This work experience may include
designing buildings as a principal activity and postsecondary education
as determined by the board. The board may approve up to four years of
practical architectural work experience for postsecondary education
courses in architecture, architectural technology, or a related field,
as determined by the board, including courses completed in a community
or technical college if the courses are equivalent to courses in an
accredited architectural degree program.
Sec. 6 RCW 18.08.360
and 1985 c 37 s 7 are each amended to read
as follows:
(1) The examination for an architect's certificate of registration
shall be held at least annually at such time and place as the board
determines.
(2) The board shall determine the content, scope, and grading
process of the examination. The board may adopt an appropriate
national examination and grading procedure.
(3) Applicants who fail to pass any section of the examination
shall be permitted to retake the parts failed as prescribed by the
board. Applicants have five years from the date of the first passed
examination section to pass all remaining sections. If the entire
examination is not successfully completed within five years, ((a retake
of the entire examination shall be required)) any sections that were
passed more than five years prior must be retaken. If a candidate
fails to pass all remaining sections within the initial five-year
period, the candidate is given a new five-year period from the date of
the second oldest passed section. All sections of the examination must
be passed within a single five-year period for the applicant to be
deemed to have passed the complete examination.
(4) Applicants for registration who have an accredited
architectural degree may begin taking the examination upon enrollment
in a structured intern training program as approved by the board.
Applicants who do not possess an accredited architectural degree may
take the examination only after completing the experience and intern
training requirements of this chapter.
Sec. 7 RCW 18.08.370 and 1985 c 37 s 8 are each amended to read
as follows:
(1) The director shall issue a certificate of registration to any
applicant who has, to the satisfaction of the board, met all the
requirements for registration upon payment of the registration fee as
provided in this chapter. All certificates of registration shall show
the full name of the registrant, have the registration number, and
shall be signed by the ((chairman)) chair of the board and by the
director. The issuance of a certificate of registration by the
director is prima facie evidence that the person named therein is
entitled to all the rights and privileges of a registered architect.
(2) Each registrant shall obtain a seal of the design authorized by
the board bearing the architect's name, registration number, the legend
"Registered Architect," and the name of this state. ((Drawings
prepared by the registrant shall be sealed and signed by the registrant
when filed with public authorities.)) All technical submissions
prepared by an architect and filed with public authorities must be
sealed and signed by the architect. It is unlawful to seal and sign a
document after a registrant's certificate of registration or
authorization has expired, been revoked, or is suspended.
(3) An architect may seal and sign technical submissions under the
following conditions:
(a) An architect may seal and sign technical submissions that are:
Prepared by the architect; prepared by the architect's regularly
employed subordinates; prepared in part by an individual or firm under
a direct subcontract with the architect; or prepared in collaboration
with an architect who is licensed in a jurisdiction recognized by the
board, provided there is a contractual agreement between the
architects.
(b) An architect may seal and sign technical submissions based on
prototypical documents provided: The architect obtains written
permission from the architect who prepared or sealed the prototypical
documents, and from the legal owner to adapt the prototypical
documents; the architect thoroughly analyzes the prototypical
documents, makes necessary revisions, and adds all required elements
and design information, including the design services of engineering
consultants, if warranted, so that the prototypical documents become
suitable complete technical submissions, in compliance with applicable
codes, regulations, and site-specific requirements.
(c) An architect who seals and signs the technical submissions
under this subsection (3) is responsible to the same extent as if the
technical submissions were prepared by the architect.
Sec. 8 RCW 18.08.410 and 1985 c 37 s 12 are each amended to read
as follows:
This chapter shall not affect or prevent:
(1) The practice of naval architecture, landscape architecture as
authorized in chapter 18.96 RCW, engineering as authorized in chapter
18.43 RCW, or the provision of space planning((,)) or interior
design((,
or any legally recognized profession or trade by persons not
registered as architects)) services not affecting public health or
safety;
(2) Drafters, clerks, project managers, superintendents, and other
employees of architects((, engineers, naval architects, or landscape
architects)) from acting under the instructions, control, or
supervision of ((their employers)) an architect;
(3) The construction, alteration, or supervision of construction of
buildings or structures by contractors registered under chapter 18.27
RCW or superintendents employed by contractors or the preparation of
shop drawings in connection therewith;
(4) Owners or contractors registered under chapter 18.27 RCW from
engaging persons who are not architects to observe and supervise
construction of a project;
(5) Any person from doing design work including preparing
construction contract documents and administration of the construction
contract for the erection, enlargement, repair, or alteration of a
structure or any appurtenance to a structure regardless of size, if the
structure is to be used for a residential building of up to and
including four dwelling units or a farm building or is a structure used
in connection with or auxiliary to such residential building or farm
building such as a garage, barn, shed, or shelter for animals or
machinery;
(6) Except as otherwise provided in this section, any person from
doing design work including preparing construction contract documents
and administering the contract for construction, erection, enlargement,
alteration, or repairs of or to a building of any occupancy up to a
total building size of four thousand square feet ((of construction));
or
(7) ((Design-build construction by registered general contractors
if the structural design services are performed by a registered
engineer;)) Any person from doing
design work, including preparing construction contract documents and
administration of the contract, for alteration of or repairs to a
building where the project size is not more than four thousand square
feet in a building greater than four thousand square feet and when the
work contemplated by the design does not affect the life safety or
structural systems of the building. The combined square footage of
simultaneous projects allowed under this subsection (7) may not exceed
four thousand square feet.
(8) Any person from designing buildings or doing other design work
for any structure prior to the time of filing for a building permit; or
(9) Any person from designing buildings or doing other design work
for structures larger than those exempted under subsections (5) and (6)
of this section, if the plans, which may include such design work, are
stamped by a registered engineer or architect
Sec. 9 RCW 18.08.420 and 2002 c 86 s 203 are each amended to read
as follows:
(1) ((An architect or architects may organize a corporation formed
either as a business corporation under the provisions of Title 23B RCW
or as a professional corporation under the provisions of chapter 18.100
RCW. For an architect or architects to practice architecture through
a corporation or joint stock association organized by any person under
Title 23B RCW, the corporation or joint stock association shall file
with the board:)) Any business entity,
including
a sole proprietorship, offering architecture services in
Washington state must register with the board, regardless of its
business structure. A business entity shall file with the board a list
of individuals registered under this chapter as responsible for the
practice of architecture by the business entity in this state and
provides that full authority to make all final architectural decisions
on behalf of the business entity with respect to work performed by the
business entity in this state. Further, the person having the practice
of architecture in his/her charge is himself/herself a general partner
(if a partnership or limited liability partnership), or a manager (if
a limited liability company), or a director (if a business corporation
or professional service corporation) and is registered to practice
architecture in this state.
(a) The application for certificate of authorization upon a form to
be prescribed by the board and containing information required to
enable the board to determine whether the corporation is qualified
under this chapter to practice architecture in this state;
(b) Its notices of incorporation and bylaws and a certified copy of
a resolution of the board of directors of the corporation that
designates individuals registered under this chapter as responsible for
the practice of architecture by the corporation in this state and that
provides that full authority to make all final architectural decisions
on behalf of the corporation with respect to work performed by the
corporation in this state shall be granted and delegated by the board
of directors to the individuals designated in the resolution. The
filing of the resolution shall not relieve the corporation of any
responsibility or liability imposed upon it by law or by contract; and
(c) A designation in writing setting forth the name or names of the
person or persons registered under this chapter who are responsible for
the architecture of the firm. If there is a change in the person or
persons responsible for the architecture of the firm, the changes shall
be designated in writing and filed with the board within thirty days
after the effective date of the changes.
(2) The business entity shall furnish the board with such
information about its organization and activities as the board shall
require by rule.
(3) Upon the filing with the board of the application for
certificate of authorization, the certified copy of the resolution, and
the information specified in subsection (1) of this section, the board
shall authorize the director to issue to the ((corporation)) business
entity a certificate of authorization to practice architecture in this
state ((upon a determination by the board that:)).
(a) The bylaws of the corporation contain provisions that all
architectural decisions pertaining to any project or architectural
activities in this state shall be made by the specified architects
responsible for the project or architectural activities, or other
responsible architects under the direction or supervision of the
architects responsible for the project or architectural activities;
(b) The applicant corporation has the ability to provide, through
qualified personnel, professional services or creative work requiring
architectural experience, and with respect to the architectural
services that the corporation undertakes or offers to undertake, the
personnel have the ability to apply special knowledge to the
professional services or creative work such as consultation,
investigation, evaluation, planning, design, and administration of the
construction contract in connection with any public or private
structures, buildings, equipment, processes, works, or projects;
(c) The application for certificate of authorization contains the
professional records of the designated person or persons who are
responsible;
(d) The application for certificate of authorization states the
experience of the corporation, if any, in furnishing architectural
services during the preceding five-year period;
(e) The applicant corporation meets such other requirements related
to professional competence in the furnishing of architectural services
as may be established and promulgated by the board in furtherance of
the purposes of this chapter; and
(f) The applicant corporation is possessed of the ability and
competence to furnish architectural services in the public interest.
(3) Upon recommendation of the board to impose action as authorized
in RCW 18.235.110, the director may impose the recommended action upon
a certificate of authorization to a corporation if the board finds that
any of the officers, directors, incorporators, or the stockholders
holding a majority of stock of the corporation have committed an act
prohibited under RCW 18.08.440 or 18.235.130 or have been found
personally responsible for misconduct under subsection (6) or (7) of
this section.
(4) In the event a corporation, organized solely by a group of
architects each registered under this chapter, applies for a
certificate of authorization, the board may, in its discretion, grant
a certificate of authorization to that corporation based on a review of
the professional records of such incorporators, in lieu of the required
qualifications set forth in subsections (1) and (2) of this section.
In the event the ownership of such corporation is altered, the
corporation shall apply for a revised certificate of authorization,
based upon the professional records of the owners if exclusively
architects, under the qualifications required by subsections (1) and
(2) of this section
(((5))) (4) Any ((corporation)) business entity practicing or
offering to practice architecture, whether or not it is authorized to
practice architecture under this chapter, ((together with its directors
and officers for their own individual acts, are)) shall be jointly and
severally responsible to the same degree as an individual registered
architect and shall conduct their business without misconduct or
malpractice in the practice of architecture as defined in this chapter.
(((6))) (5) Any ((corporation)) business entity that has been
certified under this chapter and has engaged in the practice of
architecture may have its certificate of authorization either suspended
or revoked by the board if, after a proper hearing, the board finds
that the ((corporation)) business entity has committed misconduct or
malpractice under RCW 18.08.440 or 18.235.130. In such a case, any
individual architect registered under this chapter who is involved in
such misconduct or malpractice is also subject to disciplinary measures
provided in this chapter and RCW 18.235.110.
(((7) All plans, specifications, designs, and reports when issued
in connection with work performed by a corporation under its
certificate of authorization shall be prepared by or under the
direction of the designated architects and shall be signed by and
stamped with the official seal of the designated architects in the
corporation authorized under this chapter.)) (6) For each certificate of authorization issued under this
section there shall be paid a certification fee and an annual
certification renewal fee as prescribed by the director under RCW
43.24.086.
(8)
(((9) This chapter shall not affect the practice of architecture as
a professional service corporation under chapter 18.100 RCW.))
Sec. 10 RCW 18.08.430 and 1985 c 37 s 14 are each amended to read
as follows:
(1) The renewal date for certificates of registration shall be set
by the director in accordance with RCW 43.24.086. Registrants who fail
to pay the renewal fee within thirty days of the due date shall pay all
delinquent fees plus a penalty fee equal to one-third of the renewal
fee. A registrant who fails to pay a renewal fee for a period of five
years may be reinstated under such circumstances as the board
determines. The renewal and penalty fees and the frequency of renewal
assessment shall be authorized under this chapter. Renewal date for
certificates of authorization shall be the anniversary of the date of
authorization.
(2) Any registrant in good standing may withdraw from the practice
of architecture by giving written notice to the director, and may
within five years thereafter resume active practice upon payment of the
then-current renewal fee. A registrant may be reinstated after a
withdrawal of more than five years under such circumstances as the
board determines.
(3) A registered architect must demonstrate professional
development since the architect's last renewal or initial registration,
as the case may be. The board shall by rule describe professional
development activities acceptable to the board and the form of
documentation of the activities required by the board. The board may
decline to renew a registration if the architect's professional
development activities do not meet the standards set by the board by
rule. When adopting rules under the authority of this subsection, the
board shall strive to ensure that the rules are consistent with the
continuing professional education requirements and systems in use by
national professional organizations representing architects and in use
by other states.
(a) A registered architect shall, as part of his or her license
renewal, certify that he or she has completed the required continuing
professional development required by this section.
(b) The board may adopt reasonable exemptions from the requirements
of this section.
NEW SECTION. Sec. 11 Sections 7 through 10 of this act take
effect July 1, 2011.
NEW SECTION. Sec. 12 Section 5 of this act takes effect July 1,
2012, and all persons enrolled in an intern training program as
approved by the board before July 1, 2012, shall be governed by the
statute in effect at the time of enrollment in the program.