House Study Bill 42 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act requiring licensure rather than registration of 1 architects practicing in this state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1653HC (5) 87 gh/rn/nh
H.F. _____ Section 1. Section 26.3, subsection 2, Code 2017, is amended 1 to read as follows: 2 2. A governmental entity shall have an engineer licensed 3 under chapter 542B , a landscape architect licensed under 4 chapter 544B , or an architect registered licensed under 5 chapter 544A prepare plans and specifications, and calculate 6 the estimated total cost of a proposed public improvement. A 7 governmental entity shall ensure that a sufficient number of 8 paper copies and, if available, electronic and digital copies 9 of the project’s contract documents, including all drawings, 10 plans, specifications, and estimated total costs of the 11 proposed public improvement are made available for distribution 12 at no charge to prospective bidders, subcontractor bidders, 13 suppliers, and plan room services. If a deposit is required 14 as part of a paper contract documents distribution policy by 15 the public owner, the deposit shall not exceed two hundred 16 fifty dollars per set which shall be refunded upon return of 17 the contract documents within fourteen days after award of 18 the project. If the contract documents are not returned in a 19 timely manner and in a reusable condition, the deposit shall 20 be forfeited. The governmental entity shall reimburse the 21 landscape architect, architect, or professional engineer for 22 the actual costs of preparation and distribution of plans and 23 specifications. 24 Sec. 2. Section 35A.10, subsection 2, Code 2017, is amended 25 to read as follows: 26 2. The commandant and the commission shall have plans and 27 specifications prepared by the department of administrative 28 services for authorized construction, repair, or improvement 29 projects in excess of the competitive bid threshold in section 30 26.3 , or as established in section 314.1B . An appropriation 31 for a project shall not be expended until the department of 32 administrative services has adopted plans and specifications 33 and has completed a detailed estimate of the cost of the 34 project, prepared under the supervision of a registered 35 -1- LSB 1653HC (5) 87 gh/rn/nh 1/ 18
H.F. _____ licensed architect or licensed professional engineer. 1 Sec. 3. Section 100C.10, subsection 2, paragraph e, Code 2 2017, is amended to read as follows: 3 e. One professional engineer or architect licensed or 4 registered in the state. 5 Sec. 4. Section 103.22, subsection 1, Code 2017, is amended 6 to read as follows: 7 1. Apply to a person licensed as an engineer pursuant to 8 chapter 542B , registered licensed as an architect pursuant 9 to chapter 544A , licensed as a landscape architect pursuant 10 to chapter 544B , licensed as a manufactured or mobile home 11 retailer or certified as a manufactured or mobile home 12 installer pursuant to chapter 103A , or designated as lighting 13 certified by the national council on qualifications for 14 the lighting professions who is providing consultations and 15 developing plans concerning electrical installations and who is 16 exclusively engaged in the practice of the person’s profession. 17 Sec. 5. Section 103A.19, subsection 3, Code 2017, is amended 18 to read as follows: 19 3. The specifications for all buildings to be constructed 20 after July 1, 1977, and which exceed a total volume of one 21 hundred thousand cubic feet of enclosed space that is heated 22 or cooled shall be reviewed by a registered licensed architect 23 or licensed engineer for compliance with applicable energy 24 efficiency standards. A statement that a review has been 25 accomplished and that the design is in compliance with the 26 energy efficiency standards shall be signed and sealed by 27 the responsible registered architect or licensed engineer. 28 This statement shall be filed with the commissioner prior 29 to construction. If the specifications relating to energy 30 efficiency for a specific structure have been approved, 31 additional buildings may be constructed from those same 32 plans and specifications without need of further approval if 33 construction begins within five years of the date of approval. 34 Alterations of a structure which has been previously approved 35 -2- LSB 1653HC (5) 87 gh/rn/nh 2/ 18
H.F. _____ shall not require a review because of these changes, provided 1 the basic structure remains unchanged. 2 Sec. 6. Section 105.11, subsection 1, Code 2017, is amended 3 to read as follows: 4 1. Apply to a person licensed as an engineer pursuant to 5 chapter 542B , licensed as a manufactured home retailer or 6 certified as a manufactured home installer pursuant to chapter 7 103A , registered licensed as an architect pursuant to chapter 8 544A , or licensed as a landscape architect pursuant to chapter 9 544B who provides consultations or develops plans or other 10 work concerning plumbing, HVAC, refrigeration, sheet metal, or 11 hydronic work and who is exclusively engaged in the practice of 12 the person’s profession. 13 Sec. 7. Section 218.58, subsection 2, Code 2017, is amended 14 to read as follows: 15 2. The director shall have plans and specifications 16 prepared by the department of administrative services for 17 authorized construction, repair, or improvement projects 18 costing over the competitive bid threshold in section 26.3 , 19 or as established in section 314.1B . An appropriation for 20 a project shall not be expended until the department of 21 administrative services has adopted plans and specifications 22 and has completed a detailed estimate of the cost of the 23 project, prepared under the supervision of a registered 24 licensed architect or licensed professional engineer. Plans 25 and specifications shall not be adopted and a project shall not 26 proceed if the project would require an expenditure of money 27 in excess of the appropriation. 28 Sec. 8. Section 358.16, subsection 2, paragraph c, Code 29 2017, is amended to read as follows: 30 c. However, in the event of an emergency when the delay 31 of notice and hearing might cause serious loss or injury 32 to persons or property within the district, the board of 33 trustees may perform any action which may be required under 34 this section without prior notice and hearing, and assess the 35 -3- LSB 1653HC (5) 87 gh/rn/nh 3/ 18
H.F. _____ cost as provided in this section , following notice to the 1 property owner and hearing in the time and manner provided in 2 paragraph “b” . In that event the board of trustees shall, 3 by resolution, make a finding of the necessity to institute 4 emergency proceedings under this section , and shall procure a 5 certificate from a competent licensed professional engineer or 6 registered licensed architect certifying that emergency action 7 is necessary. 8 Sec. 9. Section 384.103, subsection 2, paragraph a, Code 9 2017, is amended to read as follows: 10 a. When emergency repair of a public improvement is 11 necessary and the delay of advertising and a public letting 12 might cause serious loss or injury to the city, the chief 13 officer or official of the governing body of the city or 14 the governing body shall make a finding of the necessity to 15 institute emergency proceedings under this section , and shall 16 procure a certificate from a competent licensed professional 17 engineer or registered licensed architect, certifying that 18 emergency repairs are necessary. 19 Sec. 10. Section 441.31, subsection 1, Code 2017, is amended 20 to read as follows: 21 1. The chairperson of the conference board shall call 22 a meeting by written notice to all of the members of the 23 board for the purpose of appointing a board of review for 24 all assessments made by the assessor. The board of review 25 may consist of either three members or five members. As 26 nearly as possible this board shall include one licensed real 27 estate broker and one registered licensed architect or person 28 experienced in the building and construction field. In the 29 case of a county, at least one member of the board shall be 30 a farmer. Not more than two members of the board of review 31 shall be of the same profession or occupation and members 32 of the board of review shall be residents of the assessor 33 jurisdiction. The terms of the members of the board of 34 review shall be for six years, beginning with January 1 of the 35 -4- LSB 1653HC (5) 87 gh/rn/nh 4/ 18
H.F. _____ year following their selection. In boards of review having 1 three members the term of one member of the first board to be 2 appointed shall be for two years, one member for four years 3 and one member for six years. In the case of boards of review 4 having five members, the term of one member of the first board 5 to be appointed shall be for one year, one member for two 6 years, one member for three years, one member for four years 7 and one member for six years. 8 Sec. 11. Section 499B.6, Code 2017, is amended to read as 9 follows: 10 499B.6 Copy of the floor plans to be filed. 11 There shall be attached to the declaration, at the time 12 it is filed, a full and an exact copy of the plans of the 13 building, which copy shall be entered of record along with the 14 declaration. The plans shall show graphically all particulars 15 of the building including but not limited to the dimensions, 16 area, and location of common elements affording access to each 17 apartment. Other common elements, both limited and general, 18 shall be shown graphically insofar as possible and shall be 19 certified to by an engineer, architect, or land surveyor, who 20 is registered or licensed to practice that profession in this 21 state. 22 Sec. 12. Section 544A.1, Code 2017, is amended to read as 23 follows: 24 544A.1 Practice regulated —— creation of architectural 25 examining board. 26 1. The practice of architecture affects the public health, 27 safety, and welfare and is subject to regulation and control in 28 the public interest. Only persons qualified by the laws of the 29 state are authorized to engage in the practice of architecture 30 in the state. 31 2. The architectural examining board is created within the 32 professional licensing and regulation bureau of the banking 33 division of the department of commerce. The board consists 34 of five members who possess a certificate of registration 35 -5- LSB 1653HC (5) 87 gh/rn/nh 5/ 18
H.F. _____ license issued under section 544A.9 and who have been in active 1 practice of architecture for not less than five years, the 2 last two of which shall have been in Iowa, and two members who 3 do not possess a certificate of registration license issued 4 under section 544A.9 and who shall represent the general 5 public. Members shall be appointed by the governor subject to 6 confirmation by the senate. 7 3. Professional associations or societies composed of 8 registered licensed architects may recommend the names of 9 potential board members to the governor but the governor is not 10 bound by the recommendations. A board member is not required 11 to be a member of any professional association or society 12 composed of registered licensed architects. Appointments shall 13 be for three-year terms and shall commence and end as provided 14 in section 69.19 . Vacancies shall be filled for the unexpired 15 term by appointment of the governor and shall require senate 16 confirmation. Members shall serve no more than three terms or 17 nine years, whichever is less. 18 Sec. 13. Section 544A.3, Code 2017, is amended to read as 19 follows: 20 544A.3 Records —— roster. 21 The board shall keep a record, open to public inspection 22 at all reasonable times, of its proceedings relating to the 23 issuance, refusal, renewal, suspension , and revocation of 24 certificates of registration licenses . This record shall 25 also contain a roster showing the name, place of business , 26 and residence, and the date and number of the certificate of 27 registration license of every registered licensed architect 28 entitled to practice the profession in the state of Iowa. 29 Sec. 14. Section 544A.5, Code 2017, is amended to read as 30 follows: 31 544A.5 Duties. 32 The architectural examining board shall enforce this 33 chapter , shall make rules for the examination of applicants 34 for the certificate of registration license provided by this 35 -6- LSB 1653HC (5) 87 gh/rn/nh 6/ 18
H.F. _____ chapter , and shall, after due public notice, hold meetings each 1 year for the purpose of examining applicants for registration 2 licensure and the transaction of business pertaining to the 3 affairs of the board. Examinations shall be given as often 4 as deemed necessary, but not less than annually. Action at a 5 meeting shall not be taken without the affirmative votes of a 6 majority of the members of the board. The administrator of the 7 professional licensing and regulation bureau of the banking 8 division of the department of commerce shall hire and provide 9 staff to assist the board with implementing this chapter . 10 Sec. 15. Section 544A.8, Code 2017, is amended to read as 11 follows: 12 544A.8 Qualification for registration licensure . 13 1. Any person may apply for a certificate of registration 14 license or may apply to take an examination for certification 15 licensure under this chapter . The board shall not require that 16 the application contain a photograph of the applicant. 17 2. The board shall adopt rules governing practical training 18 and education and may adopt as its rules criteria published by 19 a national certification body recognized by the board. The 20 board may accept the accreditation decisions of a national 21 accreditation body recognized by the board. 22 3. A person applying for registration licensure by 23 examination, upon complying with the other requirements, 24 shall satisfactorily pass an examination in technical and 25 professional subjects prescribed by the board. The board 26 may adopt the uniform standardized examination and grading 27 procedures of a national certification body recognized by the 28 board. The examination may be conducted by representatives of 29 the board. The identity of the person taking the examination 30 shall be concealed until after the examination has been 31 graded. The board shall adopt rules regarding reexamination. 32 An applicant who has failed the examination may request in 33 writing information from the board concerning the applicant’s 34 examination grade and subject areas or questions which the 35 -7- LSB 1653HC (5) 87 gh/rn/nh 7/ 18
H.F. _____ applicant failed to answer correctly, except that if the board 1 administers a uniform, standardized examination, the board 2 shall only be required to provide the examination grade and 3 the other information concerning the applicant’s examination 4 results which is available to the board. 5 4. In lieu of examination, the board may grant registration 6 licensure by reciprocity. A person applying to the board 7 for registration licensure by reciprocity shall furnish 8 satisfactory evidence that the person holds qualifications 9 determined by the board to be substantially equivalent to the 10 requirements for initial registration licensure in accordance 11 with section 546.10, subsection 8 . 12 Sec. 16. Section 544A.9, Code 2017, is amended to read as 13 follows: 14 544A.9 Registration Licensure . 15 When the applicant has complied with the requirements as set 16 forth in section 544A.8 and has paid the fees prescribed by the 17 board, the executive officer shall enroll the applicant’s name 18 and address in the roster of registered licensed architects and 19 issue to the applicant a certificate of registration license , 20 signed by the officers of the board, which certificate license 21 shall entitle the applicant to practice as an architect in the 22 state of Iowa. 23 Sec. 17. Section 544A.10, Code 2017, is amended to read as 24 follows: 25 544A.10 Renewals. 26 Certificates of registration Licenses expire in intervals as 27 determined by the board. Registered Licensed architects shall 28 renew their certificates of registration licenses and pay a 29 renewal fee in the manner prescribed by the board. The board 30 shall prescribe the conditions and reasonable penalties for 31 renewal after a certificate’s license’s expiration date. 32 Sec. 18. Section 544A.11, subsection 1, Code 2017, is 33 amended to read as follows: 34 1. The board shall set the fees for examination, for a 35 -8- LSB 1653HC (5) 87 gh/rn/nh 8/ 18
H.F. _____ certificate of registration as an architect license , for 1 renewal of a certificate license , for reinstatement of a 2 certificate license , and for other activities of the board 3 pertaining to its duties. The fee for examination shall be 4 based on the annual cost of administering the examinations. 5 The fee for a certificate of registration license and for 6 renewal of a certificate license shall be based upon the 7 administrative costs of sustaining the board which shall 8 include, but are not limited to, the costs for all of the 9 following: 10 a. Per diem, expenses , and travel for board members. 11 b. Office facilities, supplies , and equipment. 12 c. Staff assistance. 13 Sec. 19. Section 544A.13, subsections 2 and 3, Code 2017, 14 are amended to read as follows: 15 2. The board may revoke any certificate license after 16 thirty days’ notice with grant of hearing to the holder if 17 satisfactory proof is presented to the board. 18 3. Proceedings for the revocation of a certificate license 19 shall be initiated by filing written charges against the 20 accused with the board. A time and place for the hearing 21 of the charges shall be fixed by the board if the board 22 determines that a hearing is warranted. If personal service or 23 service through counsel cannot be effected, service may be by 24 publication. At the hearing, the accused has the right to be 25 represented by counsel, to introduce evidence, and to examine 26 and cross-examine witnesses. The board may subpoena witnesses, 27 administer oaths to witnesses, and employ counsel. 28 Sec. 20. Section 544A.15, subsections 1 and 3, Code 2017, 29 are amended to read as follows: 30 1. It is unlawful for a person to engage in or to offer to 31 engage in the practice of architecture in this state or use 32 in connection with the person’s name the title “architect”, 33 “registered “licensed architect”, or “architectural designer”, 34 or to imply that the person provides or offers to provide 35 -9- LSB 1653HC (5) 87 gh/rn/nh 9/ 18
H.F. _____ professional architectural services, or to otherwise assume, 1 use, or advertise any title, word, figure, sign, card, 2 advertisement, or other symbol or description tending to convey 3 the impression that the person is an architect or is engaged in 4 the practice of architecture unless the person is qualified by 5 registration licensure as provided in this chapter . However, 6 the board may by rule authorize a person to offer to perform 7 architectural services in this state prior to registration 8 licensure in this state if the person is registered licensed in 9 good standing to practice architecture in at least one other 10 state or jurisdiction, the person holds a certificate from a 11 national certification council recognized by the board, the 12 person makes such disclosures as the board may require by rule, 13 and the person becomes duly registered licensed in this state 14 prior to otherwise practicing architecture in this state as 15 defined in section 544A.16, subsection 8 9 . 16 3. a. In addition to the criminal penalty provided for in 17 this section , the board may by order impose a civil penalty 18 upon a person who is not registered under this chapter licensed 19 as an architect pursuant to this chapter and who does any of 20 the following: 21 (1) Engages in or offers to engage in the practice of 22 architecture. 23 (2) Uses or employs the words “architect”, “registered 24 “licensed architect”, “architectural designer”, or implies 25 authorization to provide or offer professional architectural 26 services, or otherwise uses or advertises any title, word, 27 figure, sign, card, advertisement, or other symbol or 28 description tending to convey the impression that the person 29 or entity is an architect or is engaged in the practice of 30 architecture. 31 (3) Presents or attempts to use the certificate of 32 registration license or the seal of an architect. 33 (4) Gives false or forged evidence of any kind to the board 34 or any member of the board in obtaining or attempting to obtain 35 -10- LSB 1653HC (5) 87 gh/rn/nh 10/ 18
H.F. _____ a certificate of registration license . 1 (5) Falsely impersonates any other registered licensed 2 architect. 3 (6) Uses or attempts to use an expired, suspended, revoked, 4 or nonexistent certificate of registration license . 5 (7) Knowingly aids or abets an unregistered unlicensed 6 person who engages in any activity identified in this paragraph 7 “a” . 8 b. A civil penalty imposed shall not exceed one thousand 9 dollars for each offense. Each day of a continued violation 10 constitutes a separate offense. 11 c. In determining the amount of a civil penalty to be 12 imposed, the board may consider any of the following: 13 (1) Whether the amount imposed will be a substantial 14 economic deterrent to the violation. 15 (2) The circumstances leading to the violation. 16 (3) The severity of the violation and the risk of harm to 17 the public. 18 (4) The economic benefits gained by the violator as a result 19 of noncompliance. 20 (5) The interest of the public. 21 d. Before issuing an order under this section , the board 22 shall provide the person written notice and the opportunity to 23 request a hearing on the record. The hearing must be requested 24 within thirty days of the issuance of the notice and shall 25 be conducted in the same manner as provided for disciplinary 26 proceedings involving a registered licensed architect. 27 e. The board, in connection with a proceeding under this 28 subsection , may issue subpoenas to compel the attendance and 29 testimony of witnesses and the disclosure of evidence, and may 30 request the attorney general to bring an action to enforce the 31 subpoena. 32 f. A person aggrieved by the imposition of a civil penalty 33 under this subsection may seek judicial review in accordance 34 with section 17A.19 . 35 -11- LSB 1653HC (5) 87 gh/rn/nh 11/ 18
H.F. _____ g. If a person fails to pay a civil penalty within thirty 1 days after entry of an order under paragraph “a” , or if the 2 order is stayed pending an appeal, within ten days after the 3 court enters a final judgment in favor of the board, the board 4 shall notify the attorney general. The attorney general may 5 commence an action to recover the amount of the penalty, 6 including reasonable attorney fees and costs. 7 h. An action to enforce an order under this section may be 8 joined with an action for an injunction. 9 Sec. 21. Section 544A.16, Code 2017, is amended to read as 10 follows: 11 544A.16 Definitions. 12 As used in this chapter , unless the context otherwise 13 requires: 14 1. “Architect” means a person qualified to engage in the 15 practice of architecture who holds a current valid registration 16 license under the laws of this state. 17 2. “Board” means the architectural examining board 18 established in section 544A.1 . 19 3. “Construction” means physical alteration of a building 20 or improvement of real estate, and includes new construction, 21 enlargements, or additions to existing construction, and 22 alterations, renovation, remodeling, restoration, preservation, 23 or other material modification to and within existing 24 construction. 25 4. “Construction documents” means the drawings, 26 specifications, technical submissions, and other documents upon 27 which construction is based. 28 5. “Direct supervision and responsible charge” means an 29 architect’s personal supervisory control of work as to which 30 the architect has detailed professional knowledge. In respect 31 to preparing technical submissions, “direct supervision and 32 responsible charge” means that the architect has the exercising, 33 directing, guiding, and restraining power over the design of 34 the building or structure and the preparation of the documents, 35 -12- LSB 1653HC (5) 87 gh/rn/nh 12/ 18
H.F. _____ and exercises professional judgment in all architectural 1 matters embodied in the documents. Merely reviewing the 2 work prepared by another person does not constitute “direct 3 supervision and responsible charge” unless the reviewer actually 4 exercises supervision and control and is in responsible charge 5 of the work. 6 6. “Good moral character” means a reputation for 7 trustworthiness, honesty, and adherence to professional 8 standards of conduct. 9 7. “License” means the license issued to an architect by the 10 board. 11 7. 8. “Observation of construction site progress” means 12 intermittent visitation to the construction site by an 13 architect or the architect’s employee for the purpose of 14 general familiarity with the progress and quality of the 15 construction and general conformance of the construction to 16 the construction documents and general compliance with the 17 applicable building codes. For the purpose of this chapter , 18 such observation does not imply exhaustive or continuous 19 on-site inspections to check the quality or quantity of 20 construction work. 21 8. 9. “Practice of architecture” means performing, or 22 offering to perform, professional architectural services 23 in connection with the design, preparation of construction 24 documents, or construction of one or more buildings, 25 structures, or related projects, and the space within and 26 surrounding the buildings or structures, or the addition to 27 or alteration of one or more buildings or structures, which 28 buildings or structures have as their principal purpose human 29 occupancy or habitation, if the safeguarding of life, health, 30 or property is concerned or involved, unless the buildings or 31 structures are excepted from the requirements of this chapter 32 by section 544A.18 . 33 9. 10. “Professional architectural services” means 34 consultation, investigation, evaluation, programming, planning, 35 -13- LSB 1653HC (5) 87 gh/rn/nh 13/ 18
H.F. _____ preliminary design and feasibility studies, designs, drawings, 1 specifications and other technical submissions, administration 2 of construction contracts, observation of construction site 3 progress, or other services and instruments of service related 4 to architecture. A person is performing or offering to perform 5 professional architectural services within the meaning of this 6 chapter , if the person, by verbal claim, sign, advertisement, 7 letterhead, card, or in any other way represents the person to 8 be an architect or through the use of a title implies that the 9 person is an architect. 10 10. 11. “Professional consultant” means a person who 11 is required by the laws of this state to hold a current and 12 valid certificate of registration license in the field of the 13 person’s professional practice, and who is employed by the 14 architect to perform, or who offers to perform professional 15 services as a consultant to the architect, in connection with 16 the design, preparation of construction documents or other 17 technical submissions, or construction of one or more buildings 18 or structures, and the space within and surrounding the 19 buildings or structures. 20 11. 12. “Programming” means the identification, 21 verification, and analysis of the architectural requirements 22 precedent to the planning and design of a building or 23 structure. 24 12. “Registration” means the certificate of registration 25 issued to an architect by the board. 26 13. “Technical submissions” means the designs, drawings, 27 sketches, specifications, details, studies, and other technical 28 reports, including construction documents, prepared in the 29 course of the practice of architecture. 30 Sec. 22. Section 544A.17, subsection 2, Code 2017, is 31 amended to read as follows: 32 2. Persons acting under the instruction, control or 33 supervision of, and those executing the plans of, a registered 34 licensed architect or a professional engineer licensed 35 -14- LSB 1653HC (5) 87 gh/rn/nh 14/ 18
H.F. _____ under chapter 542B , provided that such unregistered or 1 unlicensed persons shall not be placed in responsible charge of 2 architectural or professional engineering work. 3 Sec. 23. Section 544A.18, unnumbered paragraph 1, Code 4 2017, is amended to read as follows: 5 Notwithstanding the other provisions of this chapter , 6 persons who are not registered licensed architects may perform 7 planning and design services in connection with any of the 8 following: 9 Sec. 24. Section 544A.25, Code 2017, is amended to read as 10 follows: 11 544A.25 Applicant —— civil rights —— moral character. 12 1. An applicant is not ineligible for registration 13 licensure because of age, citizenship, sex, race, religion, 14 marital status , or national origin, although the application 15 form may require citizenship information. Character references 16 may be required. 17 2. The board may consider the following aspects when 18 investigating an applicant’s good moral character: 19 a. An applicant’s conviction for commission of a felony, 20 but only if the felony relates directly to the practice of 21 architecture or to the applicant’s honesty. 22 b. An applicant’s misstatement, omission, or 23 misrepresentation of a material fact in connection with 24 the applicant’s application for registration licensure in this 25 state or another jurisdiction. 26 c. An applicant’s violation of a rule of conduct of a 27 jurisdiction in which the applicant has previously engaged in 28 the practice of architecture, provided that the rule of conduct 29 violated is substantially equivalent to a then existing or 30 current rule of conduct required of architects in this state. 31 d. An applicant’s practice of architecture without being 32 registered licensed in violation of registration licensure laws 33 of the jurisdiction in which the practice took place. 34 3. If the applicant’s background includes any of the 35 -15- LSB 1653HC (5) 87 gh/rn/nh 15/ 18
H.F. _____ foregoing, the board may register license the applicant on the 1 basis of suitable evidence of reform. 2 Sec. 25. Section 544A.28, subsection 3, Code 2017, is 3 amended to read as follows: 4 3. A public official charged with the enforcement of the 5 state building code, as adopted pursuant to section 103A.7 , 6 or a municipal or county building code, shall not accept or 7 approve any technical submissions involving the practice of 8 architecture unless the technical submissions have been stamped 9 with the architect’s seal as required by this section or unless 10 the applicant has certified on the technical submission to the 11 applicability of a specific exception under section 544A.18 12 permitting the preparation of technical submissions by a person 13 not registered licensed under this chapter . A building permit 14 issued with respect to technical submissions which do not 15 conform to the requirements of this section is invalid. 16 Sec. 26. NEW SECTION . 544A.30 Registered architects. 17 Any person who is registered as an architect pursuant to 18 this chapter on July 1, 2017, shall be deemed to be licensed to 19 practice as an architect. 20 Sec. 27. Section 544B.12, Code 2017, is amended to read as 21 follows: 22 544B.12 Seal. 23 Every professional landscape architect shall have a seal, 24 approved by the board, which shall contain the name of the 25 landscape architect and the words “Professional Landscape 26 Architect, State of Iowa”, and such other words or figures as 27 the board may deem necessary. All landscape architectural 28 plans and specifications, prepared by such professional 29 landscape architect or under the supervision of such 30 professional landscape architect, shall be dated and bear the 31 legible seal of such professional landscape architect. Nothing 32 contained in this section shall be construed to permit the seal 33 of a professional landscape architect to serve as a substitute 34 for the seal of a registered licensed architect, a licensed 35 -16- LSB 1653HC (5) 87 gh/rn/nh 16/ 18
H.F. _____ professional engineer, or a licensed professional land surveyor 1 whenever the seal of an architect, engineer, or land surveyor 2 is required under the laws of this state. 3 Sec. 28. Section 544B.20, subsection 2, Code 2017, is 4 amended to read as follows: 5 2. To apply to an architect registered licensed under the 6 laws of this state. 7 Sec. 29. Section 669.2, subsection 4, paragraph c, Code 8 2017, is amended to read as follows: 9 c. “Employee of the state” also includes an architect 10 registered licensed pursuant to chapter 544A or a professional 11 engineer licensed pursuant to chapter 542B who voluntarily and 12 without compensation provides initial structural or building 13 systems inspection services for the purposes of determining 14 human occupancy at the scene of a disaster as defined in 15 section 29C.2, subsection 4 . To be considered an employee of 16 the state, the architect or engineer shall be acting at the 17 request and under the direction of the commissioner of public 18 safety and in coordination with the local emergency management 19 commission established under chapter 29C . For purposes of this 20 paragraph, “compensation” does not include reimbursement for 21 expenses. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Currently, Code chapter 544A requires the architectural 26 examining board established within the professional licensing 27 and regulation bureau of the banking division of the department 28 of commerce to regulate the practice of architecture in Iowa. 29 Pursuant to that regulation, a person cannot engage in the 30 practice of architecture in the state unless the person is 31 issued a certificate of registration from the architectural 32 examining board. 33 This bill replaces all terms in Code chapter 544A relating 34 to registration with licensure. Architects must obtain a 35 -17- LSB 1653HC (5) 87 gh/rn/nh 17/ 18
H.F. _____ license from the architectural examining board to engage in the 1 practice of architecture in the state instead of a certificate 2 of registration on or after July 1, 2017. 3 The bill provides that any person who is registered as an 4 architect pursuant to Code chapter 544A on July 1, 2017, is 5 deemed to be licensed to practice as an architect. 6 The bill also makes conforming changes to other Code 7 sections which refer to registration as an architect. 8 -18- LSB 1653HC (5) 87 gh/rn/nh 18/ 18