Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Commerce & Labor Committee

HB 1634

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding architects.

Sponsors: Representatives White, Jacks, Rolfes, Chandler, Carlyle, Liias, Crouse, Dunshee and Conway.

Brief Summary of Bill

  • Modifies and makes various technical edits and clarifications to the seal and sign provisions, corporate practice and registration requirements, definitions, exemptions to registration as an architect, the application requirements, and the examination procedures.

  • Adds a continuing education requirement for registered architects.

Hearing Date: 1/15/10

Staff: Alison Hellberg (786-7152).

Background:

Practice of Architecture.

A person practicing architecture must be registered. The "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 structure or the design for construction of alterations or additions to the structures, including but not specifically limited to schematic designs, design development, preparation of construction contract documents, and administration of the construction contract.

Application Qualifications.

To be registered as an architect, an applicant must be at least 18 years old, of good moral character, and possess one of the following:

Examination.

The examination for architect registration is held annually. Applicants who fail to pass any section of the examination are permitted to retake those particular sections. If the entire examination is not successfully completed within five years, a person is required to retake the entire exam.

Corporate Practice and Registration.

An architect or architects may form as a business corporation or a professional corporation. Corporations must file with the Board to receive a certificate of authorization. The applicant must submit information relating to the qualifications of the architects, notices of incorporation, bylaws, and the names of the registered architects responsible for the firm.

Seal and Sign Provisions.

Applicants must 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 the state. Drawings prepared by the registrant must be sealed and signed by the registrant when filed with public authorities. It is unlawful to seal and sign a document after a registrant's certificate of registration or authorization has expired or been revoked or suspended.

Exemptions.

The architecture registration provisions do not affect or prevent:

Summary of Bill:

Practice of Architecture.

Predesign services are added to the definition of "practice of architecture." An architect or architectural firm, registered in a jurisdiction recognized by the Board, may offer to practice in Washington if:

A person with an accredited architectural degree may use the title "intern architect" when enrolled in an intern program recognized by the Board and working under the supervision of an architect.

Definitions.

Several definitions are added. "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.

A "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.

"Registered professional design firm" means a business entity registered in Washington to offer and provide architectural services.

"Managers" means the members of a limited liability company in which management of its business is vested in the members, and managers of a limited liability company in which the management of its business is vested in one or more managers.

Application Qualifications.

The qualification path that requires eight years experience, and completion of a structured intern training program approved by the Board is removed. In addition to the path for those with an accredited architectural degree, applicants may qualify with:

Examination.

The process for re-taking sections of the examination is clarified.

Applicants for registration who have an accredited architectural degree may begin taking the licensing examination upon enrollment in a structured intern training program as approved by the Board. Applicants who do not have an accredited architectural degree may only take the examination after completing the experience and intern requirements.

Continuing Education.

To renew a registration, an architect must demonstrate professional development since the last renewal or initial registration. The Board must develop rules, procedures, and exemptions for acceptable professional development activities. The rules must be consistent with the continuing professional education requirements and systems in use by national professional organizations representing architects in other states.

Corporate Practice and Registration.

Any business offering architecture services in Washington must register with the Board. A business must file a list of individuals registered as responsible for the practice of architecture by the business entity in the state and information about its organization and activities as the Board establishes by rule. Any business entity practicing or offering to practice architecture is jointly and severally responsible to the same degree as an individual registered architect.

Seal and Sign Provisions.

Several clarifications and changes are made to the seal and sign provisions. An architect may only seal and sign technical submissions that are: prepared by the architect; prepared by the architect's regularly employed subordinates; or prepared in part by an individual or firm under a direct subcontract with the architects. An architect may seal and sign technical submissions based on prototypical documents provided that: 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; and the architect thoroughly analyzes the prototypical documents and adds all required elements and design information. The architect sealing and signing technical submissions retains full responsibility.

Exemptions.

In addition to various technical edits and clarifications, an exemption is added for persons doing design work, preparing construction contract documents, and administering a contract for the enlargement, repair, or alteration of up to 4,000 square feet in a building that is larger than 4,000 square feet. This exemption only applies when the building is single-story with an at-grade level exit and the enlargement, alteration, or repairs do not affect the life safety of the occupants or structural systems of the building. This exemption does not allow for multiple projects in a single building if the combined square footage of the projects is greater than 4,000 square feet.

The following are no longer exempt from the architecture registration requirements:

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed, except for section 5, relating to application requirements, which takes effect July 1, 2011, and sections 7 through 10, relating to the seal and sign requirements, exemptions, corporate practice and registration, and registration renewals, which take effect July 1, 2010.