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
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_____
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
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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
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_____
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
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_____
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
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_____
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
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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
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_____
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-
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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-
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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
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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
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gh/rn/nh
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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-
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(5)
87
gh/rn/nh
18/
18