Print
House Study Bill 42 - IntroducedA Bill ForAn Act 1requiring licensure rather than registration of
2architects practicing in this state.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 26.3, subsection 2, Code 2017, is amended
2to read as follows:
32. A governmental entity shall have an engineer licensed
4under chapter 542B, a landscape architect licensed under
5chapter 544B, or an architect registered licensed under
6chapter 544A prepare plans and specifications, and calculate
7the estimated total cost of a proposed public improvement. A
8governmental entity shall ensure that a sufficient number of
9paper copies and, if available, electronic and digital copies
10of the project’s contract documents, including all drawings,
11plans, specifications, and estimated total costs of the
12proposed public improvement are made available for distribution
13at no charge to prospective bidders, subcontractor bidders,
14suppliers, and plan room services. If a deposit is required
15as part of a paper contract documents distribution policy by
16the public owner, the deposit shall not exceed two hundred
17fifty dollars per set which shall be refunded upon return of
18the contract documents within fourteen days after award of
19the project. If the contract documents are not returned in a
20timely manner and in a reusable condition, the deposit shall
21be forfeited. The governmental entity shall reimburse the
22landscape architect, architect, or professional engineer for
23the actual costs of preparation and distribution of plans and
24specifications.
25 Sec. 2. Section 35A.10, subsection 2, Code 2017, is amended
26to read as follows:
272. The commandant and the commission shall have plans and
28specifications prepared by the department of administrative
29services for authorized construction, repair, or improvement
30projects in excess of the competitive bid threshold in section
3126.3, or as established in section 314.1B. An appropriation
32for a project shall not be expended until the department of
33administrative services has adopted plans and specifications
34and has completed a detailed estimate of the cost of the
35project, prepared under the supervision of a registered
-1-1 licensed architect or licensed professional engineer.
2 Sec. 3. Section 100C.10, subsection 2, paragraph e, Code
32017, is amended to read as follows:
4e. One professional engineer or architect licensed or
5registered in the state.
6 Sec. 4. Section 103.22, subsection 1, Code 2017, is amended
7to read as follows:
81. Apply to a person licensed as an engineer pursuant to
9chapter 542B, registered licensed as an architect pursuant
10to chapter 544A, licensed as a landscape architect pursuant
11to chapter 544B, licensed as a manufactured or mobile home
12retailer or certified as a manufactured or mobile home
13installer pursuant to chapter 103A, or designated as lighting
14certified by the national council on qualifications for
15the lighting professions who is providing consultations and
16developing plans concerning electrical installations and who is
17exclusively engaged in the practice of the person’s profession.
18 Sec. 5. Section 103A.19, subsection 3, Code 2017, is amended
19to read as follows:
203. The specifications for all buildings to be constructed
21after July 1, 1977, and which exceed a total volume of one
22hundred thousand cubic feet of enclosed space that is heated
23or cooled shall be reviewed by a registered licensed architect
24or licensed engineer for compliance with applicable energy
25efficiency standards. A statement that a review has been
26accomplished and that the design is in compliance with the
27energy efficiency standards shall be signed and sealed by
28the responsible registered architect or licensed engineer.
29This statement shall be filed with the commissioner prior
30to construction. If the specifications relating to energy
31efficiency for a specific structure have been approved,
32additional buildings may be constructed from those same
33plans and specifications without need of further approval if
34construction begins within five years of the date of approval.
35Alterations of a structure which has been previously approved
-2-1shall not require a review because of these changes, provided
2the basic structure remains unchanged.
3 Sec. 6. Section 105.11, subsection 1, Code 2017, is amended
4to read as follows:
51. Apply to a person licensed as an engineer pursuant to
6chapter 542B, licensed as a manufactured home retailer or
7certified as a manufactured home installer pursuant to chapter
8103A, registered licensed as an architect pursuant to chapter
9544A, or licensed as a landscape architect pursuant to chapter
10544B who provides consultations or develops plans or other
11work concerning plumbing, HVAC, refrigeration, sheet metal, or
12hydronic work and who is exclusively engaged in the practice of
13the person’s profession.
14 Sec. 7. Section 218.58, subsection 2, Code 2017, is amended
15to read as follows:
162. The director shall have plans and specifications
17prepared by the department of administrative services for
18authorized construction, repair, or improvement projects
19costing over the competitive bid threshold in section 26.3,
20or as established in section 314.1B. An appropriation for
21a project shall not be expended until the department of
22administrative services has adopted plans and specifications
23and has completed a detailed estimate of the cost of the
24project, prepared under the supervision of a registered
25 licensed architect or licensed professional engineer. Plans
26and specifications shall not be adopted and a project shall not
27proceed if the project would require an expenditure of money
28in excess of the appropriation.
29 Sec. 8. Section 358.16, subsection 2, paragraph c, Code
302017, is amended to read as follows:
31c. However, in the event of an emergency when the delay
32of notice and hearing might cause serious loss or injury
33to persons or property within the district, the board of
34trustees may perform any action which may be required under
35this section without prior notice and hearing, and assess the
-3-1cost as provided in this section, following notice to the
2property owner and hearing in the time and manner provided in
3paragraph “b”. In that event the board of trustees shall,
4by resolution, make a finding of the necessity to institute
5emergency proceedings under this section, and shall procure a
6certificate from a competent licensed professional engineer or
7registered licensed architect certifying that emergency action
8is necessary.
9 Sec. 9. Section 384.103, subsection 2, paragraph a, Code
102017, is amended to read as follows:
11a. When emergency repair of a public improvement is
12necessary and the delay of advertising and a public letting
13might cause serious loss or injury to the city, the chief
14officer or official of the governing body of the city or
15the governing body shall make a finding of the necessity to
16institute emergency proceedings under this section, and shall
17procure a certificate from a competent licensed professional
18engineer or registered licensed architect, certifying that
19emergency repairs are necessary.
20 Sec. 10. Section 441.31, subsection 1, Code 2017, is amended
21to read as follows:
221. The chairperson of the conference board shall call
23a meeting by written notice to all of the members of the
24board for the purpose of appointing a board of review for
25all assessments made by the assessor. The board of review
26may consist of either three members or five members. As
27nearly as possible this board shall include one licensed real
28estate broker and one registered licensed architect or person
29experienced in the building and construction field. In the
30case of a county, at least one member of the board shall be
31a farmer. Not more than two members of the board of review
32shall be of the same profession or occupation and members
33of the board of review shall be residents of the assessor
34jurisdiction. The terms of the members of the board of
35review shall be for six years, beginning with January 1 of the
-4-1year following their selection. In boards of review having
2three members the term of one member of the first board to be
3appointed shall be for two years, one member for four years
4and one member for six years. In the case of boards of review
5having five members, the term of one member of the first board
6to be appointed shall be for one year, one member for two
7years, one member for three years, one member for four years
8and one member for six years.
9 Sec. 11. Section 499B.6, Code 2017, is amended to read as
10follows:
11499B.6 Copy of the floor plans to be filed.
12There shall be attached to the declaration, at the time
13it is filed, a full and an exact copy of the plans of the
14building, which copy shall be entered of record along with the
15declaration. The plans shall show graphically all particulars
16of the building including but not limited to the dimensions,
17area, and location of common elements affording access to each
18apartment. Other common elements, both limited and general,
19shall be shown graphically insofar as possible and shall be
20certified to by an engineer, architect, or land surveyor, who
21is registered or licensed to practice that profession in this
22state.
23 Sec. 12. Section 544A.1, Code 2017, is amended to read as
24follows:
25544A.1 Practice regulated — creation of architectural
26examining board.
271. The practice of architecture affects the public health,
28safety, and welfare and is subject to regulation and control in
29the public interest. Only persons qualified by the laws of the
30state are authorized to engage in the practice of architecture
31in the state.
322. The architectural examining board is created within the
33professional licensing and regulation bureau of the banking
34division of the department of commerce. The board consists
35of five members who possess a certificate of registration
-5-1 license issued under section 544A.9 and who have been in active
2practice of architecture for not less than five years, the
3last two of which shall have been in Iowa, and two members who
4do not possess a certificate of registration license issued
5under section 544A.9 and who shall represent the general
6public. Members shall be appointed by the governor subject to
7confirmation by the senate.
83. Professional associations or societies composed of
9registered licensed architects may recommend the names of
10potential board members to the governor but the governor is not
11bound by the recommendations. A board member is not required
12to be a member of any professional association or society
13composed of registered licensed architects. Appointments shall
14be for three-year terms and shall commence and end as provided
15in section 69.19. Vacancies shall be filled for the unexpired
16term by appointment of the governor and shall require senate
17confirmation. Members shall serve no more than three terms or
18nine years, whichever is less.
19 Sec. 13. Section 544A.3, Code 2017, is amended to read as
20follows:
21544A.3 Records — roster.
22The board shall keep a record, open to public inspection
23at all reasonable times, of its proceedings relating to the
24issuance, refusal, renewal, suspension, and revocation of
25certificates of registration licenses. This record shall
26also contain a roster showing the name, place of business,
27 and residence, and the date and number of the certificate of
28registration license of every registered licensed architect
29entitled to practice the profession in the state of Iowa.
30 Sec. 14. Section 544A.5, Code 2017, is amended to read as
31follows:
32544A.5 Duties.
33The architectural examining board shall enforce this
34chapter, shall make rules for the examination of applicants
35for the certificate of registration license provided by this
-6-1chapter, and shall, after due public notice, hold meetings each
2year for the purpose of examining applicants for registration
3 licensure and the transaction of business pertaining to the
4affairs of the board. Examinations shall be given as often
5as deemed necessary, but not less than annually. Action at a
6meeting shall not be taken without the affirmative votes of a
7majority of the members of the board. The administrator of the
8professional licensing and regulation bureau of the banking
9division of the department of commerce shall hire and provide
10staff to assist the board with implementing this chapter.
11 Sec. 15. Section 544A.8, Code 2017, is amended to read as
12follows:
13544A.8 Qualification for registration licensure.
141. Any person may apply for a certificate of registration
15 license or may apply to take an examination for certification
16 licensure under this chapter. The board shall not require that
17the application contain a photograph of the applicant.
182. The board shall adopt rules governing practical training
19and education and may adopt as its rules criteria published by
20a national certification body recognized by the board. The
21board may accept the accreditation decisions of a national
22accreditation body recognized by the board.
233. A person applying for registration licensure by
24examination, upon complying with the other requirements,
25shall satisfactorily pass an examination in technical and
26professional subjects prescribed by the board. The board
27may adopt the uniform standardized examination and grading
28procedures of a national certification body recognized by the
29board. The examination may be conducted by representatives of
30the board. The identity of the person taking the examination
31shall be concealed until after the examination has been
32graded. The board shall adopt rules regarding reexamination.
33An applicant who has failed the examination may request in
34writing information from the board concerning the applicant’s
35examination grade and subject areas or questions which the
-7-1applicant failed to answer correctly, except that if the board
2administers a uniform, standardized examination, the board
3shall only be required to provide the examination grade and
4the other information concerning the applicant’s examination
5results which is available to the board.
64. In lieu of examination, the board may grant registration
7 licensure by reciprocity. A person applying to the board
8for registration licensure by reciprocity shall furnish
9satisfactory evidence that the person holds qualifications
10determined by the board to be substantially equivalent to the
11requirements for initial registration licensure in accordance
12with section 546.10, subsection 8.
13 Sec. 16. Section 544A.9, Code 2017, is amended to read as
14follows:
15544A.9 Registration Licensure.
16When the applicant has complied with the requirements as set
17forth in section 544A.8 and has paid the fees prescribed by the
18board, the executive officer shall enroll the applicant’s name
19and address in the roster of registered licensed architects and
20issue to the applicant a certificate of registration license,
21signed by the officers of the board, which certificate license
22 shall entitle the applicant to practice as an architect in the
23state of Iowa.
24 Sec. 17. Section 544A.10, Code 2017, is amended to read as
25follows:
26544A.10 Renewals.
27Certificates of registration Licenses expire in intervals as
28determined by the board. Registered Licensed architects shall
29renew their certificates of registration licenses and pay a
30renewal fee in the manner prescribed by the board. The board
31shall prescribe the conditions and reasonable penalties for
32renewal after a certificate’s license’s expiration date.
33 Sec. 18. Section 544A.11, subsection 1, Code 2017, is
34amended to read as follows:
351. The board shall set the fees for examination, for a
-8-1certificate of registration as an architect license, for
2renewal of a certificate license, for reinstatement of a
3certificate license, and for other activities of the board
4pertaining to its duties. The fee for examination shall be
5based on the annual cost of administering the examinations.
6The fee for a certificate of registration license and for
7renewal of a certificate license shall be based upon the
8administrative costs of sustaining the board which shall
9include, but are not limited to, the costs for all of the
10following:
11a. Per diem, expenses, and travel for board members.
12b. Office facilities, supplies, and equipment.
13c. Staff assistance.
14 Sec. 19. Section 544A.13, subsections 2 and 3, Code 2017,
15are amended to read as follows:
162. The board may revoke any certificate license after
17thirty days’ notice with grant of hearing to the holder if
18satisfactory proof is presented to the board.
193. Proceedings for the revocation of a certificate license
20 shall be initiated by filing written charges against the
21accused with the board. A time and place for the hearing
22of the charges shall be fixed by the board if the board
23determines that a hearing is warranted. If personal service or
24service through counsel cannot be effected, service may be by
25publication. At the hearing, the accused has the right to be
26represented by counsel, to introduce evidence, and to examine
27and cross-examine witnesses. The board may subpoena witnesses,
28administer oaths to witnesses, and employ counsel.
29 Sec. 20. Section 544A.15, subsections 1 and 3, Code 2017,
30are amended to read as follows:
311. It is unlawful for a person to engage in or to offer to
32engage in the practice of architecture in this state or use
33in connection with the person’s name the title “architect”,
34“registered “licensed architect”, or “architectural designer”,
35or to imply that the person provides or offers to provide
-9-1professional architectural services, or to otherwise assume,
2use, or advertise any title, word, figure, sign, card,
3advertisement, or other symbol or description tending to convey
4the impression that the person is an architect or is engaged in
5the practice of architecture unless the person is qualified by
6registration licensure as provided in this chapter. However,
7the board may by rule authorize a person to offer to perform
8architectural services in this state prior to registration
9 licensure in this state if the person is registered licensed in
10good standing to practice architecture in at least one other
11state or jurisdiction, the person holds a certificate from a
12national certification council recognized by the board, the
13person makes such disclosures as the board may require by rule,
14and the person becomes duly registered licensed in this state
15prior to otherwise practicing architecture in this state as
16defined in section 544A.16, subsection 8 9.
173. a. In addition to the criminal penalty provided for in
18this section, the board may by order impose a civil penalty
19upon a person who is not registered under this chapter licensed
20 as an architect pursuant to this chapter and who does any of
21the following:
22(1) Engages in or offers to engage in the practice of
23architecture.
24(2) Uses or employs the words “architect”, “registered
25 “licensed architect”, “architectural designer”, or implies
26authorization to provide or offer professional architectural
27services, or otherwise uses or advertises any title, word,
28figure, sign, card, advertisement, or other symbol or
29description tending to convey the impression that the person
30or entity is an architect or is engaged in the practice of
31architecture.
32(3) Presents or attempts to use the certificate of
33registration license or the seal of an architect.
34(4) Gives false or forged evidence of any kind to the board
35or any member of the board in obtaining or attempting to obtain
-10-1a certificate of registration license.
2(5) Falsely impersonates any other registered licensed
3 architect.
4(6) Uses or attempts to use an expired, suspended, revoked,
5or nonexistent certificate of registration license.
6(7) Knowingly aids or abets an unregistered unlicensed
7 person who engages in any activity identified in this paragraph
8“a”.
9b. A civil penalty imposed shall not exceed one thousand
10dollars for each offense. Each day of a continued violation
11constitutes a separate offense.
12c. In determining the amount of a civil penalty to be
13imposed, the board may consider any of the following:
14(1) Whether the amount imposed will be a substantial
15economic deterrent to the violation.
16(2) The circumstances leading to the violation.
17(3) The severity of the violation and the risk of harm to
18the public.
19(4) The economic benefits gained by the violator as a result
20of noncompliance.
21(5) The interest of the public.
22d. Before issuing an order under this section, the board
23shall provide the person written notice and the opportunity to
24request a hearing on the record. The hearing must be requested
25within thirty days of the issuance of the notice and shall
26be conducted in the same manner as provided for disciplinary
27proceedings involving a registered licensed architect.
28e. The board, in connection with a proceeding under this
29subsection, may issue subpoenas to compel the attendance and
30testimony of witnesses and the disclosure of evidence, and may
31request the attorney general to bring an action to enforce the
32subpoena.
33f. A person aggrieved by the imposition of a civil penalty
34under this subsection may seek judicial review in accordance
35with section 17A.19.
-11- 1g. If a person fails to pay a civil penalty within thirty
2days after entry of an order under paragraph “a”, or if the
3order is stayed pending an appeal, within ten days after the
4court enters a final judgment in favor of the board, the board
5shall notify the attorney general. The attorney general may
6commence an action to recover the amount of the penalty,
7including reasonable attorney fees and costs.
8h. An action to enforce an order under this section may be
9joined with an action for an injunction.
10 Sec. 21. Section 544A.16, Code 2017, is amended to read as
11follows:
12544A.16 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Architect” means a person qualified to engage in the
16practice of architecture who holds a current valid registration
17 license under the laws of this state.
182. “Board” means the architectural examining board
19established in section 544A.1.
203. “Construction” means physical alteration of a building
21or improvement of real estate, and includes new construction,
22enlargements, or additions to existing construction, and
23alterations, renovation, remodeling, restoration, preservation,
24or other material modification to and within existing
25construction.
264. “Construction documents” means the drawings,
27specifications, technical submissions, and other documents upon
28which construction is based.
295. “Direct supervision and responsible charge” means an
30architect’s personal supervisory control of work as to which
31the architect has detailed professional knowledge. In respect
32to preparing technical submissions, “direct supervision and
33responsible charge” means that the architect has the exercising,
34directing, guiding, and restraining power over the design of
35the building or structure and the preparation of the documents,
-12-1and exercises professional judgment in all architectural
2matters embodied in the documents. Merely reviewing the
3work prepared by another person does not constitute “direct
4supervision and responsible charge” unless the reviewer actually
5exercises supervision and control and is in responsible charge
6of the work.
76. “Good moral character” means a reputation for
8trustworthiness, honesty, and adherence to professional
9standards of conduct.
107. “License” means the license issued to an architect by the
11board.
127. 8. “Observation of construction site progress” means
13intermittent visitation to the construction site by an
14architect or the architect’s employee for the purpose of
15general familiarity with the progress and quality of the
16construction and general conformance of the construction to
17the construction documents and general compliance with the
18applicable building codes. For the purpose of this chapter,
19such observation does not imply exhaustive or continuous
20on-site inspections to check the quality or quantity of
21construction work.
228. 9. “Practice of architecture” means performing, or
23offering to perform, professional architectural services
24in connection with the design, preparation of construction
25documents, or construction of one or more buildings,
26structures, or related projects, and the space within and
27surrounding the buildings or structures, or the addition to
28or alteration of one or more buildings or structures, which
29buildings or structures have as their principal purpose human
30occupancy or habitation, if the safeguarding of life, health,
31or property is concerned or involved, unless the buildings or
32structures are excepted from the requirements of this chapter
33by section 544A.18.
349. 10. “Professional architectural services” means
35consultation, investigation, evaluation, programming, planning,
-13-1preliminary design and feasibility studies, designs, drawings,
2specifications and other technical submissions, administration
3of construction contracts, observation of construction site
4progress, or other services and instruments of service related
5to architecture. A person is performing or offering to perform
6professional architectural services within the meaning of this
7chapter, if the person, by verbal claim, sign, advertisement,
8letterhead, card, or in any other way represents the person to
9be an architect or through the use of a title implies that the
10person is an architect.
1110. 11. “Professional consultant” means a person who
12is required by the laws of this state to hold a current and
13valid certificate of registration license in the field of the
14person’s professional practice, and who is employed by the
15architect to perform, or who offers to perform professional
16services as a consultant to the architect, in connection with
17the design, preparation of construction documents or other
18technical submissions, or construction of one or more buildings
19or structures, and the space within and surrounding the
20buildings or structures.
2111. 12. “Programming” means the identification,
22verification, and analysis of the architectural requirements
23precedent to the planning and design of a building or
24structure.
2512. “Registration” means the certificate of registration
26issued to an architect by the board.
2713. “Technical submissions” means the designs, drawings,
28sketches, specifications, details, studies, and other technical
29reports, including construction documents, prepared in the
30course of the practice of architecture.
31 Sec. 22. Section 544A.17, subsection 2, Code 2017, is
32amended to read as follows:
332. Persons acting under the instruction, control or
34supervision of, and those executing the plans of, a registered
35 licensed architect or a professional engineer licensed
-14-1under chapter 542B, provided that such unregistered or
2 unlicensed persons shall not be placed in responsible charge of
3architectural or professional engineering work.
4 Sec. 23. Section 544A.18, unnumbered paragraph 1, Code
52017, is amended to read as follows:
6Notwithstanding the other provisions of this chapter,
7persons who are not registered licensed architects may perform
8planning and design services in connection with any of the
9following:
10 Sec. 24. Section 544A.25, Code 2017, is amended to read as
11follows:
12544A.25 Applicant — civil rights — moral character.
131. An applicant is not ineligible for registration
14 licensure because of age, citizenship, sex, race, religion,
15marital status, or national origin, although the application
16form may require citizenship information. Character references
17may be required.
182. The board may consider the following aspects when
19investigating an applicant’s good moral character:
20a. An applicant’s conviction for commission of a felony,
21but only if the felony relates directly to the practice of
22architecture or to the applicant’s honesty.
23b. An applicant’s misstatement, omission, or
24misrepresentation of a material fact in connection with
25the applicant’s application for registration licensure in this
26state or another jurisdiction.
27c. An applicant’s violation of a rule of conduct of a
28jurisdiction in which the applicant has previously engaged in
29the practice of architecture, provided that the rule of conduct
30violated is substantially equivalent to a then existing or
31current rule of conduct required of architects in this state.
32d. An applicant’s practice of architecture without being
33registered licensed in violation of registration licensure laws
34of the jurisdiction in which the practice took place.
353. If the applicant’s background includes any of the
-15-1foregoing, the board may register license the applicant on the
2basis of suitable evidence of reform.
3 Sec. 25. Section 544A.28, subsection 3, Code 2017, is
4amended to read as follows:
53. A public official charged with the enforcement of the
6state building code, as adopted pursuant to section 103A.7,
7or a municipal or county building code, shall not accept or
8approve any technical submissions involving the practice of
9architecture unless the technical submissions have been stamped
10with the architect’s seal as required by this section or unless
11the applicant has certified on the technical submission to the
12applicability of a specific exception under section 544A.18
13permitting the preparation of technical submissions by a person
14not registered licensed under this chapter. A building permit
15issued with respect to technical submissions which do not
16conform to the requirements of this section is invalid.
17 Sec. 26. NEW SECTION. 544A.30 Registered architects.
18Any person who is registered as an architect pursuant to
19this chapter on July 1, 2017, shall be deemed to be licensed to
20practice as an architect.
21 Sec. 27. Section 544B.12, Code 2017, is amended to read as
22follows:
23544B.12 Seal.
24Every professional landscape architect shall have a seal,
25approved by the board, which shall contain the name of the
26landscape architect and the words “Professional Landscape
27Architect, State of Iowa”, and such other words or figures as
28the board may deem necessary. All landscape architectural
29plans and specifications, prepared by such professional
30landscape architect or under the supervision of such
31professional landscape architect, shall be dated and bear the
32legible seal of such professional landscape architect. Nothing
33contained in this section shall be construed to permit the seal
34of a professional landscape architect to serve as a substitute
35for the seal of a registered licensed architect, a licensed
-16-1professional engineer, or a licensed professional land surveyor
2whenever the seal of an architect, engineer, or land surveyor
3is required under the laws of this state.
4 Sec. 28. Section 544B.20, subsection 2, Code 2017, is
5amended to read as follows:
62. To apply to an architect registered licensed under the
7laws of this state.
8 Sec. 29. Section 669.2, subsection 4, paragraph c, Code
92017, is amended to read as follows:
10c. “Employee of the state” also includes an architect
11registered licensed pursuant to chapter 544A or a professional
12engineer licensed pursuant to chapter 542B who voluntarily and
13without compensation provides initial structural or building
14systems inspection services for the purposes of determining
15human occupancy at the scene of a disaster as defined in
16section 29C.2, subsection 4. To be considered an employee of
17the state, the architect or engineer shall be acting at the
18request and under the direction of the commissioner of public
19safety and in coordination with the local emergency management
20commission established under chapter 29C. For purposes of this
21paragraph, “compensation” does not include reimbursement for
22expenses.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26Currently, Code chapter 544A requires the architectural
27examining board established within the professional licensing
28and regulation bureau of the banking division of the department
29of commerce to regulate the practice of architecture in Iowa.
30Pursuant to that regulation, a person cannot engage in the
31practice of architecture in the state unless the person is
32issued a certificate of registration from the architectural
33examining board.
34This bill replaces all terms in Code chapter 544A relating
35to registration with licensure. Architects must obtain a
-17-1license from the architectural examining board to engage in the
2practice of architecture in the state instead of a certificate
3of registration on or after July 1, 2017.
4The bill provides that any person who is registered as an
5architect pursuant to Code chapter 544A on July 1, 2017, is
6deemed to be licensed to practice as an architect.
7The bill also makes conforming changes to other Code
8sections which refer to registration as an architect.
-18-gh/rn/nh
2architects practicing in this state.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 26.3, subsection 2, Code 2017, is amended
2to read as follows:
32. A governmental entity shall have an engineer licensed
4under chapter 542B, a landscape architect licensed under
5chapter 544B, or an architect registered licensed under
6chapter 544A prepare plans and specifications, and calculate
7the estimated total cost of a proposed public improvement. A
8governmental entity shall ensure that a sufficient number of
9paper copies and, if available, electronic and digital copies
10of the project’s contract documents, including all drawings,
11plans, specifications, and estimated total costs of the
12proposed public improvement are made available for distribution
13at no charge to prospective bidders, subcontractor bidders,
14suppliers, and plan room services. If a deposit is required
15as part of a paper contract documents distribution policy by
16the public owner, the deposit shall not exceed two hundred
17fifty dollars per set which shall be refunded upon return of
18the contract documents within fourteen days after award of
19the project. If the contract documents are not returned in a
20timely manner and in a reusable condition, the deposit shall
21be forfeited. The governmental entity shall reimburse the
22landscape architect, architect, or professional engineer for
23the actual costs of preparation and distribution of plans and
24specifications.
25 Sec. 2. Section 35A.10, subsection 2, Code 2017, is amended
26to read as follows:
272. The commandant and the commission shall have plans and
28specifications prepared by the department of administrative
29services for authorized construction, repair, or improvement
30projects in excess of the competitive bid threshold in section
3126.3, or as established in section 314.1B. An appropriation
32for a project shall not be expended until the department of
33administrative services has adopted plans and specifications
34and has completed a detailed estimate of the cost of the
35project, prepared under the supervision of a registered
-1-1 licensed architect or licensed professional engineer.
2 Sec. 3. Section 100C.10, subsection 2, paragraph e, Code
32017, is amended to read as follows:
4e. One professional engineer or architect licensed or
5registered in the state.
6 Sec. 4. Section 103.22, subsection 1, Code 2017, is amended
7to read as follows:
81. Apply to a person licensed as an engineer pursuant to
9chapter 542B, registered licensed as an architect pursuant
10to chapter 544A, licensed as a landscape architect pursuant
11to chapter 544B, licensed as a manufactured or mobile home
12retailer or certified as a manufactured or mobile home
13installer pursuant to chapter 103A, or designated as lighting
14certified by the national council on qualifications for
15the lighting professions who is providing consultations and
16developing plans concerning electrical installations and who is
17exclusively engaged in the practice of the person’s profession.
18 Sec. 5. Section 103A.19, subsection 3, Code 2017, is amended
19to read as follows:
203. The specifications for all buildings to be constructed
21after July 1, 1977, and which exceed a total volume of one
22hundred thousand cubic feet of enclosed space that is heated
23or cooled shall be reviewed by a registered licensed architect
24or licensed engineer for compliance with applicable energy
25efficiency standards. A statement that a review has been
26accomplished and that the design is in compliance with the
27energy efficiency standards shall be signed and sealed by
28the responsible registered architect or licensed engineer.
29This statement shall be filed with the commissioner prior
30to construction. If the specifications relating to energy
31efficiency for a specific structure have been approved,
32additional buildings may be constructed from those same
33plans and specifications without need of further approval if
34construction begins within five years of the date of approval.
35Alterations of a structure which has been previously approved
-2-1shall not require a review because of these changes, provided
2the basic structure remains unchanged.
3 Sec. 6. Section 105.11, subsection 1, Code 2017, is amended
4to read as follows:
51. Apply to a person licensed as an engineer pursuant to
6chapter 542B, licensed as a manufactured home retailer or
7certified as a manufactured home installer pursuant to chapter
8103A, registered licensed as an architect pursuant to chapter
9544A, or licensed as a landscape architect pursuant to chapter
10544B who provides consultations or develops plans or other
11work concerning plumbing, HVAC, refrigeration, sheet metal, or
12hydronic work and who is exclusively engaged in the practice of
13the person’s profession.
14 Sec. 7. Section 218.58, subsection 2, Code 2017, is amended
15to read as follows:
162. The director shall have plans and specifications
17prepared by the department of administrative services for
18authorized construction, repair, or improvement projects
19costing over the competitive bid threshold in section 26.3,
20or as established in section 314.1B. An appropriation for
21a project shall not be expended until the department of
22administrative services has adopted plans and specifications
23and has completed a detailed estimate of the cost of the
24project, prepared under the supervision of a registered
25 licensed architect or licensed professional engineer. Plans
26and specifications shall not be adopted and a project shall not
27proceed if the project would require an expenditure of money
28in excess of the appropriation.
29 Sec. 8. Section 358.16, subsection 2, paragraph c, Code
302017, is amended to read as follows:
31c. However, in the event of an emergency when the delay
32of notice and hearing might cause serious loss or injury
33to persons or property within the district, the board of
34trustees may perform any action which may be required under
35this section without prior notice and hearing, and assess the
-3-1cost as provided in this section, following notice to the
2property owner and hearing in the time and manner provided in
3paragraph “b”. In that event the board of trustees shall,
4by resolution, make a finding of the necessity to institute
5emergency proceedings under this section, and shall procure a
6certificate from a competent licensed professional engineer or
7registered licensed architect certifying that emergency action
8is necessary.
9 Sec. 9. Section 384.103, subsection 2, paragraph a, Code
102017, is amended to read as follows:
11a. When emergency repair of a public improvement is
12necessary and the delay of advertising and a public letting
13might cause serious loss or injury to the city, the chief
14officer or official of the governing body of the city or
15the governing body shall make a finding of the necessity to
16institute emergency proceedings under this section, and shall
17procure a certificate from a competent licensed professional
18engineer or registered licensed architect, certifying that
19emergency repairs are necessary.
20 Sec. 10. Section 441.31, subsection 1, Code 2017, is amended
21to read as follows:
221. The chairperson of the conference board shall call
23a meeting by written notice to all of the members of the
24board for the purpose of appointing a board of review for
25all assessments made by the assessor. The board of review
26may consist of either three members or five members. As
27nearly as possible this board shall include one licensed real
28estate broker and one registered licensed architect or person
29experienced in the building and construction field. In the
30case of a county, at least one member of the board shall be
31a farmer. Not more than two members of the board of review
32shall be of the same profession or occupation and members
33of the board of review shall be residents of the assessor
34jurisdiction. The terms of the members of the board of
35review shall be for six years, beginning with January 1 of the
-4-1year following their selection. In boards of review having
2three members the term of one member of the first board to be
3appointed shall be for two years, one member for four years
4and one member for six years. In the case of boards of review
5having five members, the term of one member of the first board
6to be appointed shall be for one year, one member for two
7years, one member for three years, one member for four years
8and one member for six years.
9 Sec. 11. Section 499B.6, Code 2017, is amended to read as
10follows:
11499B.6 Copy of the floor plans to be filed.
12There shall be attached to the declaration, at the time
13it is filed, a full and an exact copy of the plans of the
14building, which copy shall be entered of record along with the
15declaration. The plans shall show graphically all particulars
16of the building including but not limited to the dimensions,
17area, and location of common elements affording access to each
18apartment. Other common elements, both limited and general,
19shall be shown graphically insofar as possible and shall be
20certified to by an engineer, architect, or land surveyor, who
21is registered or licensed to practice that profession in this
22state.
23 Sec. 12. Section 544A.1, Code 2017, is amended to read as
24follows:
25544A.1 Practice regulated — creation of architectural
26examining board.
271. The practice of architecture affects the public health,
28safety, and welfare and is subject to regulation and control in
29the public interest. Only persons qualified by the laws of the
30state are authorized to engage in the practice of architecture
31in the state.
322. The architectural examining board is created within the
33professional licensing and regulation bureau of the banking
34division of the department of commerce. The board consists
35of five members who possess a certificate of registration
-5-1 license issued under section 544A.9 and who have been in active
2practice of architecture for not less than five years, the
3last two of which shall have been in Iowa, and two members who
4do not possess a certificate of registration license issued
5under section 544A.9 and who shall represent the general
6public. Members shall be appointed by the governor subject to
7confirmation by the senate.
83. Professional associations or societies composed of
9registered licensed architects may recommend the names of
10potential board members to the governor but the governor is not
11bound by the recommendations. A board member is not required
12to be a member of any professional association or society
13composed of registered licensed architects. Appointments shall
14be for three-year terms and shall commence and end as provided
15in section 69.19. Vacancies shall be filled for the unexpired
16term by appointment of the governor and shall require senate
17confirmation. Members shall serve no more than three terms or
18nine years, whichever is less.
19 Sec. 13. Section 544A.3, Code 2017, is amended to read as
20follows:
21544A.3 Records — roster.
22The board shall keep a record, open to public inspection
23at all reasonable times, of its proceedings relating to the
24issuance, refusal, renewal, suspension, and revocation of
25certificates of registration licenses. This record shall
26also contain a roster showing the name, place of business,
27 and residence, and the date and number of the certificate of
28registration license of every registered licensed architect
29entitled to practice the profession in the state of Iowa.
30 Sec. 14. Section 544A.5, Code 2017, is amended to read as
31follows:
32544A.5 Duties.
33The architectural examining board shall enforce this
34chapter, shall make rules for the examination of applicants
35for the certificate of registration license provided by this
-6-1chapter, and shall, after due public notice, hold meetings each
2year for the purpose of examining applicants for registration
3 licensure and the transaction of business pertaining to the
4affairs of the board. Examinations shall be given as often
5as deemed necessary, but not less than annually. Action at a
6meeting shall not be taken without the affirmative votes of a
7majority of the members of the board. The administrator of the
8professional licensing and regulation bureau of the banking
9division of the department of commerce shall hire and provide
10staff to assist the board with implementing this chapter.
11 Sec. 15. Section 544A.8, Code 2017, is amended to read as
12follows:
13544A.8 Qualification for registration licensure.
141. Any person may apply for a certificate of registration
15 license or may apply to take an examination for certification
16 licensure under this chapter. The board shall not require that
17the application contain a photograph of the applicant.
182. The board shall adopt rules governing practical training
19and education and may adopt as its rules criteria published by
20a national certification body recognized by the board. The
21board may accept the accreditation decisions of a national
22accreditation body recognized by the board.
233. A person applying for registration licensure by
24examination, upon complying with the other requirements,
25shall satisfactorily pass an examination in technical and
26professional subjects prescribed by the board. The board
27may adopt the uniform standardized examination and grading
28procedures of a national certification body recognized by the
29board. The examination may be conducted by representatives of
30the board. The identity of the person taking the examination
31shall be concealed until after the examination has been
32graded. The board shall adopt rules regarding reexamination.
33An applicant who has failed the examination may request in
34writing information from the board concerning the applicant’s
35examination grade and subject areas or questions which the
-7-1applicant failed to answer correctly, except that if the board
2administers a uniform, standardized examination, the board
3shall only be required to provide the examination grade and
4the other information concerning the applicant’s examination
5results which is available to the board.
64. In lieu of examination, the board may grant registration
7 licensure by reciprocity. A person applying to the board
8for registration licensure by reciprocity shall furnish
9satisfactory evidence that the person holds qualifications
10determined by the board to be substantially equivalent to the
11requirements for initial registration licensure in accordance
12with section 546.10, subsection 8.
13 Sec. 16. Section 544A.9, Code 2017, is amended to read as
14follows:
15544A.9 Registration Licensure.
16When the applicant has complied with the requirements as set
17forth in section 544A.8 and has paid the fees prescribed by the
18board, the executive officer shall enroll the applicant’s name
19and address in the roster of registered licensed architects and
20issue to the applicant a certificate of registration license,
21signed by the officers of the board, which certificate license
22 shall entitle the applicant to practice as an architect in the
23state of Iowa.
24 Sec. 17. Section 544A.10, Code 2017, is amended to read as
25follows:
26544A.10 Renewals.
27Certificates of registration Licenses expire in intervals as
28determined by the board. Registered Licensed architects shall
29renew their certificates of registration licenses and pay a
30renewal fee in the manner prescribed by the board. The board
31shall prescribe the conditions and reasonable penalties for
32renewal after a certificate’s license’s expiration date.
33 Sec. 18. Section 544A.11, subsection 1, Code 2017, is
34amended to read as follows:
351. The board shall set the fees for examination, for a
-8-1certificate of registration as an architect license, for
2renewal of a certificate license, for reinstatement of a
3certificate license, and for other activities of the board
4pertaining to its duties. The fee for examination shall be
5based on the annual cost of administering the examinations.
6The fee for a certificate of registration license and for
7renewal of a certificate license shall be based upon the
8administrative costs of sustaining the board which shall
9include, but are not limited to, the costs for all of the
10following:
11a. Per diem, expenses, and travel for board members.
12b. Office facilities, supplies, and equipment.
13c. Staff assistance.
14 Sec. 19. Section 544A.13, subsections 2 and 3, Code 2017,
15are amended to read as follows:
162. The board may revoke any certificate license after
17thirty days’ notice with grant of hearing to the holder if
18satisfactory proof is presented to the board.
193. Proceedings for the revocation of a certificate license
20 shall be initiated by filing written charges against the
21accused with the board. A time and place for the hearing
22of the charges shall be fixed by the board if the board
23determines that a hearing is warranted. If personal service or
24service through counsel cannot be effected, service may be by
25publication. At the hearing, the accused has the right to be
26represented by counsel, to introduce evidence, and to examine
27and cross-examine witnesses. The board may subpoena witnesses,
28administer oaths to witnesses, and employ counsel.
29 Sec. 20. Section 544A.15, subsections 1 and 3, Code 2017,
30are amended to read as follows:
311. It is unlawful for a person to engage in or to offer to
32engage in the practice of architecture in this state or use
33in connection with the person’s name the title “architect”,
34“registered “licensed architect”, or “architectural designer”,
35or to imply that the person provides or offers to provide
-9-1professional architectural services, or to otherwise assume,
2use, or advertise any title, word, figure, sign, card,
3advertisement, or other symbol or description tending to convey
4the impression that the person is an architect or is engaged in
5the practice of architecture unless the person is qualified by
6registration licensure as provided in this chapter. However,
7the board may by rule authorize a person to offer to perform
8architectural services in this state prior to registration
9 licensure in this state if the person is registered licensed in
10good standing to practice architecture in at least one other
11state or jurisdiction, the person holds a certificate from a
12national certification council recognized by the board, the
13person makes such disclosures as the board may require by rule,
14and the person becomes duly registered licensed in this state
15prior to otherwise practicing architecture in this state as
16defined in section 544A.16, subsection 8 9.
173. a. In addition to the criminal penalty provided for in
18this section, the board may by order impose a civil penalty
19upon a person who is not registered under this chapter licensed
20 as an architect pursuant to this chapter and who does any of
21the following:
22(1) Engages in or offers to engage in the practice of
23architecture.
24(2) Uses or employs the words “architect”, “registered
25 “licensed architect”, “architectural designer”, or implies
26authorization to provide or offer professional architectural
27services, or otherwise uses or advertises any title, word,
28figure, sign, card, advertisement, or other symbol or
29description tending to convey the impression that the person
30or entity is an architect or is engaged in the practice of
31architecture.
32(3) Presents or attempts to use the certificate of
33registration license or the seal of an architect.
34(4) Gives false or forged evidence of any kind to the board
35or any member of the board in obtaining or attempting to obtain
-10-1a certificate of registration license.
2(5) Falsely impersonates any other registered licensed
3 architect.
4(6) Uses or attempts to use an expired, suspended, revoked,
5or nonexistent certificate of registration license.
6(7) Knowingly aids or abets an unregistered unlicensed
7 person who engages in any activity identified in this paragraph
8“a”.
9b. A civil penalty imposed shall not exceed one thousand
10dollars for each offense. Each day of a continued violation
11constitutes a separate offense.
12c. In determining the amount of a civil penalty to be
13imposed, the board may consider any of the following:
14(1) Whether the amount imposed will be a substantial
15economic deterrent to the violation.
16(2) The circumstances leading to the violation.
17(3) The severity of the violation and the risk of harm to
18the public.
19(4) The economic benefits gained by the violator as a result
20of noncompliance.
21(5) The interest of the public.
22d. Before issuing an order under this section, the board
23shall provide the person written notice and the opportunity to
24request a hearing on the record. The hearing must be requested
25within thirty days of the issuance of the notice and shall
26be conducted in the same manner as provided for disciplinary
27proceedings involving a registered licensed architect.
28e. The board, in connection with a proceeding under this
29subsection, may issue subpoenas to compel the attendance and
30testimony of witnesses and the disclosure of evidence, and may
31request the attorney general to bring an action to enforce the
32subpoena.
33f. A person aggrieved by the imposition of a civil penalty
34under this subsection may seek judicial review in accordance
35with section 17A.19.
-11- 1g. If a person fails to pay a civil penalty within thirty
2days after entry of an order under paragraph “a”, or if the
3order is stayed pending an appeal, within ten days after the
4court enters a final judgment in favor of the board, the board
5shall notify the attorney general. The attorney general may
6commence an action to recover the amount of the penalty,
7including reasonable attorney fees and costs.
8h. An action to enforce an order under this section may be
9joined with an action for an injunction.
10 Sec. 21. Section 544A.16, Code 2017, is amended to read as
11follows:
12544A.16 Definitions.
13As used in this chapter, unless the context otherwise
14requires:
151. “Architect” means a person qualified to engage in the
16practice of architecture who holds a current valid registration
17 license under the laws of this state.
182. “Board” means the architectural examining board
19established in section 544A.1.
203. “Construction” means physical alteration of a building
21or improvement of real estate, and includes new construction,
22enlargements, or additions to existing construction, and
23alterations, renovation, remodeling, restoration, preservation,
24or other material modification to and within existing
25construction.
264. “Construction documents” means the drawings,
27specifications, technical submissions, and other documents upon
28which construction is based.
295. “Direct supervision and responsible charge” means an
30architect’s personal supervisory control of work as to which
31the architect has detailed professional knowledge. In respect
32to preparing technical submissions, “direct supervision and
33responsible charge” means that the architect has the exercising,
34directing, guiding, and restraining power over the design of
35the building or structure and the preparation of the documents,
-12-1and exercises professional judgment in all architectural
2matters embodied in the documents. Merely reviewing the
3work prepared by another person does not constitute “direct
4supervision and responsible charge” unless the reviewer actually
5exercises supervision and control and is in responsible charge
6of the work.
76. “Good moral character” means a reputation for
8trustworthiness, honesty, and adherence to professional
9standards of conduct.
107. “License” means the license issued to an architect by the
11board.
127. 8. “Observation of construction site progress” means
13intermittent visitation to the construction site by an
14architect or the architect’s employee for the purpose of
15general familiarity with the progress and quality of the
16construction and general conformance of the construction to
17the construction documents and general compliance with the
18applicable building codes. For the purpose of this chapter,
19such observation does not imply exhaustive or continuous
20on-site inspections to check the quality or quantity of
21construction work.
228. 9. “Practice of architecture” means performing, or
23offering to perform, professional architectural services
24in connection with the design, preparation of construction
25documents, or construction of one or more buildings,
26structures, or related projects, and the space within and
27surrounding the buildings or structures, or the addition to
28or alteration of one or more buildings or structures, which
29buildings or structures have as their principal purpose human
30occupancy or habitation, if the safeguarding of life, health,
31or property is concerned or involved, unless the buildings or
32structures are excepted from the requirements of this chapter
33by section 544A.18.
349. 10. “Professional architectural services” means
35consultation, investigation, evaluation, programming, planning,
-13-1preliminary design and feasibility studies, designs, drawings,
2specifications and other technical submissions, administration
3of construction contracts, observation of construction site
4progress, or other services and instruments of service related
5to architecture. A person is performing or offering to perform
6professional architectural services within the meaning of this
7chapter, if the person, by verbal claim, sign, advertisement,
8letterhead, card, or in any other way represents the person to
9be an architect or through the use of a title implies that the
10person is an architect.
1110. 11. “Professional consultant” means a person who
12is required by the laws of this state to hold a current and
13valid certificate of registration license in the field of the
14person’s professional practice, and who is employed by the
15architect to perform, or who offers to perform professional
16services as a consultant to the architect, in connection with
17the design, preparation of construction documents or other
18technical submissions, or construction of one or more buildings
19or structures, and the space within and surrounding the
20buildings or structures.
2111. 12. “Programming” means the identification,
22verification, and analysis of the architectural requirements
23precedent to the planning and design of a building or
24structure.
2512. “Registration” means the certificate of registration
26issued to an architect by the board.
2713. “Technical submissions” means the designs, drawings,
28sketches, specifications, details, studies, and other technical
29reports, including construction documents, prepared in the
30course of the practice of architecture.
31 Sec. 22. Section 544A.17, subsection 2, Code 2017, is
32amended to read as follows:
332. Persons acting under the instruction, control or
34supervision of, and those executing the plans of, a registered
35 licensed architect or a professional engineer licensed
-14-1under chapter 542B, provided that such unregistered or
2 unlicensed persons shall not be placed in responsible charge of
3architectural or professional engineering work.
4 Sec. 23. Section 544A.18, unnumbered paragraph 1, Code
52017, is amended to read as follows:
6Notwithstanding the other provisions of this chapter,
7persons who are not registered licensed architects may perform
8planning and design services in connection with any of the
9following:
10 Sec. 24. Section 544A.25, Code 2017, is amended to read as
11follows:
12544A.25 Applicant — civil rights — moral character.
131. An applicant is not ineligible for registration
14 licensure because of age, citizenship, sex, race, religion,
15marital status, or national origin, although the application
16form may require citizenship information. Character references
17may be required.
182. The board may consider the following aspects when
19investigating an applicant’s good moral character:
20a. An applicant’s conviction for commission of a felony,
21but only if the felony relates directly to the practice of
22architecture or to the applicant’s honesty.
23b. An applicant’s misstatement, omission, or
24misrepresentation of a material fact in connection with
25the applicant’s application for registration licensure in this
26state or another jurisdiction.
27c. An applicant’s violation of a rule of conduct of a
28jurisdiction in which the applicant has previously engaged in
29the practice of architecture, provided that the rule of conduct
30violated is substantially equivalent to a then existing or
31current rule of conduct required of architects in this state.
32d. An applicant’s practice of architecture without being
33registered licensed in violation of registration licensure laws
34of the jurisdiction in which the practice took place.
353. If the applicant’s background includes any of the
-15-1foregoing, the board may register license the applicant on the
2basis of suitable evidence of reform.
3 Sec. 25. Section 544A.28, subsection 3, Code 2017, is
4amended to read as follows:
53. A public official charged with the enforcement of the
6state building code, as adopted pursuant to section 103A.7,
7or a municipal or county building code, shall not accept or
8approve any technical submissions involving the practice of
9architecture unless the technical submissions have been stamped
10with the architect’s seal as required by this section or unless
11the applicant has certified on the technical submission to the
12applicability of a specific exception under section 544A.18
13permitting the preparation of technical submissions by a person
14not registered licensed under this chapter. A building permit
15issued with respect to technical submissions which do not
16conform to the requirements of this section is invalid.
17 Sec. 26. NEW SECTION. 544A.30 Registered architects.
18Any person who is registered as an architect pursuant to
19this chapter on July 1, 2017, shall be deemed to be licensed to
20practice as an architect.
21 Sec. 27. Section 544B.12, Code 2017, is amended to read as
22follows:
23544B.12 Seal.
24Every professional landscape architect shall have a seal,
25approved by the board, which shall contain the name of the
26landscape architect and the words “Professional Landscape
27Architect, State of Iowa”, and such other words or figures as
28the board may deem necessary. All landscape architectural
29plans and specifications, prepared by such professional
30landscape architect or under the supervision of such
31professional landscape architect, shall be dated and bear the
32legible seal of such professional landscape architect. Nothing
33contained in this section shall be construed to permit the seal
34of a professional landscape architect to serve as a substitute
35for the seal of a registered licensed architect, a licensed
-16-1professional engineer, or a licensed professional land surveyor
2whenever the seal of an architect, engineer, or land surveyor
3is required under the laws of this state.
4 Sec. 28. Section 544B.20, subsection 2, Code 2017, is
5amended to read as follows:
62. To apply to an architect registered licensed under the
7laws of this state.
8 Sec. 29. Section 669.2, subsection 4, paragraph c, Code
92017, is amended to read as follows:
10c. “Employee of the state” also includes an architect
11registered licensed pursuant to chapter 544A or a professional
12engineer licensed pursuant to chapter 542B who voluntarily and
13without compensation provides initial structural or building
14systems inspection services for the purposes of determining
15human occupancy at the scene of a disaster as defined in
16section 29C.2, subsection 4. To be considered an employee of
17the state, the architect or engineer shall be acting at the
18request and under the direction of the commissioner of public
19safety and in coordination with the local emergency management
20commission established under chapter 29C. For purposes of this
21paragraph, “compensation” does not include reimbursement for
22expenses.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26Currently, Code chapter 544A requires the architectural
27examining board established within the professional licensing
28and regulation bureau of the banking division of the department
29of commerce to regulate the practice of architecture in Iowa.
30Pursuant to that regulation, a person cannot engage in the
31practice of architecture in the state unless the person is
32issued a certificate of registration from the architectural
33examining board.
34This bill replaces all terms in Code chapter 544A relating
35to registration with licensure. Architects must obtain a
-17-1license from the architectural examining board to engage in the
2practice of architecture in the state instead of a certificate
3of registration on or after July 1, 2017.
4The bill provides that any person who is registered as an
5architect pursuant to Code chapter 544A on July 1, 2017, is
6deemed to be licensed to practice as an architect.
7The bill also makes conforming changes to other Code
8sections which refer to registration as an architect.
-18-gh/rn/nh