HSB 42 (LSB 1653HC (5) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act requiring licensure rather than registration of architects practicing in this state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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