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    CHAPTER 544ALICENSED ARCHITECTSReferred to in 10A.506, 26.3, 26.14, 26A.3, 29C.20C, 103.22, 103A.10, 105.11, 272C.1, 272C.6, 669.2, 669.14, 714H.4
    This chapter not enacted as a part of this title; transferred from chapter 118 in Code 1993
    544A.1Practice regulated — creation of architectural examining board.
    544A.2Officers.
    544A.3Records — roster.
    544A.4Report. Repealed by 98 Acts, ch 1119, §11.
    544A.5Duties.
    544A.6and 544A.7 Reserved.
    544A.8Qualification for licensure.
    544A.9Licensure.
    544A.10Renewals.
    544A.11Fees.
    544A.12Expenses — compensation.
    544A.13Revocation or suspension.
    544A.14Reserved.
    544A.15Unlawful practice — violations — criminal and civil penalties — consent agreement.
    544A.16Definitions.
    544A.17When not applicable.
    544A.18Exceptions.
    544A.19Reserved.
    544A.20Injunction.
    544A.21Practice by business entities. Repealed by 2014 Acts, ch 1001, §6.
    544A.22through 544A.24 Reserved.
    544A.25Applicant — civil rights — moral character.
    544A.26Public members.
    544A.27Disclosure of confidential information.
    544A.28Seal required.
    544A.29Rules.
    544A.30Registered architects.
    544A.1Practice 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 department of inspections, appeals, and licensing. The board consists of five members who possess a 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 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 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 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.[C27, 31, 35, §1905-b1; C39, §1905.58; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.1]86 Acts, ch 1245, §725, 87 Acts, ch 92, §1544A.12006 Acts, ch 1177, §41, 2017 Acts, ch 131, §7, 2023 Acts, ch 19, §1695Referred to in 544A.16
    Confirmation, see §2.32
    Subsection 2 amended
    544A.2Officers.At a time to be determined by the board, the board shall elect from its members officers to serve for a term not to exceed one year. The division shall provide staff assistance.[C27, 31, 35, §1905-b2; C39, §1905.59; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.2]1987 Acts, ch 92, §2; 1990 Acts, ch 1168, §22C93, §544A.21993 Acts, ch 5, §1544A.3Records — 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 licenses. This record shall also contain a roster showing the name, place of business, and residence, and the date and number of the license of every licensed architect entitled to practice the profession in the state of Iowa.[C27, 31, 35, §1905-b3; C39, §1905.60; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.3]C93, §544A.32017 Acts, ch 131, §7544A.4Report.Repealed by 98 Acts, ch 1119, §11. 544A.5Duties.The architectural examining board shall enforce this chapter, shall adopt rules pursuant to chapter 17A for the examination of applicants for the license provided by this chapter, and shall, after due public notice, hold meetings each year for the purpose of examining applicants for 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 director of the department of inspections, appeals, and licensing shall hire and provide staff to assist the board with implementing this chapter.[C27, 31, 35, §1905-b5; C39, §1905.62; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.5]86 Acts, ch 1245, §726544A.52006 Acts, ch 1177, §42, 2017 Acts, ch 131, §7, 2018 Acts, ch 1026, §161, 2023 Acts, ch 19, §1696
    Section amended
    544A.6 and 544A.7 544A.8Qualification for licensure.1.  Any person may apply for a license or may apply to take an examination for 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 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 licensure by reciprocity. A person applying to the board for 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 licensure in accordance with section 10A.506, subsection 8.[C27, 31, 35, §1905-b8; C39, §1905.65; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.8]87 Acts, ch 92, §3544A.82008 Acts, ch 1059, §6, 7, 2017 Acts, ch 131, §7, 2020 Acts, ch 1103, §43, 51, 2021 Acts, ch 69, §1, 2Referred to in 544A.9
    2021 repeal of former subsection 5 applies retroactively to persons who applied to the architectural examining board for licensure and who, on or after June 25, 2020, passed one or more modules of the architect registration examination but failed to pass the examination; 2021 Acts, ch 69, §2
    Section not amended; internal reference change applied
    544A.9Licensure.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 licensed architects and issue to the applicant a license, signed by the officers of the board, which license shall entitle the applicant to practice as an architect in the state of Iowa.[C27, 31, 35, §1905-b9; C39, §1905.66; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.9]544A.92008 Acts, ch 1059, §8, 2017 Acts, ch 131, §7Referred to in 544A.1544A.10Renewals.Licenses expire in intervals as determined by the board. Licensed architects shall renew their 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 license’s expiration date.[C27, 31, 35, §1905-b10; C39, §1905.67; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.10]87 Acts, ch 92, §4544A.102012 Acts, ch 1009, §26, 2017 Acts, ch 131, §7544A.11Fees.1.  The board shall set the fees for examination, for a license as an architect, for renewal of a license, for reinstatement of a 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 license and for renewal of a 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.2.  All fees shall be paid to the treasurer of state and deposited in the licensing and regulation fund created in section 10A.507.[C27, 31, 35, §1905-b11; C39, §1905.68; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.11]87 Acts, ch 92, §5, 90 Acts, ch 1168, §23, 90 Acts, ch 1261, §40544A.1194 Acts, ch 1107, §91, 2012 Acts, ch 1023, §157, 2017 Acts, ch 131, §7, 2023 Acts, ch 108, §46
    Subsection 2 amended
    544A.12Expenses — compensation.The members of the architectural examining board are entitled to be reimbursed for the actual expenses incurred in attending the meetings of the board, within the limits of the funds appropriated to the board. Each member of the board may also be eligible to receive compensation as provided in section 7E.6.[C27, 31, 35, §1905-b12; C39, §1905.69; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.12]1986 Acts, ch 1245, §727C93, §544A.12544A.13Revocation or suspension.1.  A license to practice architecture may be revoked or suspended when the licensee is guilty of the following acts or offenses:a.  Fraud in procuring a license.b.  Professional incompetency.c.  Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the licensee’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.d.  Habitual intoxication or addiction to the use of drugs.e.  Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice the profession of architecture. A copy of the record of conviction or plea of guilty shall be conclusive evidence.f.  Fraud in representations as to skill or ability.g.  Use of untruthful or improbable statements in advertisements.h.  Willful or repeated violations of the provisions of this chapter.i.  Willful or repeated violations of one or more rules of conduct adopted by the board.2.  The board may revoke any 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 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.[C27, 31, 35, §1905-b13; C39, §1905.70; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §118.13]87 Acts, ch 92, §6, 88 Acts, ch 1158, §26544A.132008 Acts, ch 1059, §9, 2014 Acts, ch 1001, §5, 2017 Acts, ch 131, §7, 2022 Acts, ch 1032, §92Referred to in 272C.3, 272C.4, 544A.29544A.14  Reserved.544A.15Unlawful practice — violations — criminal and civil penalties — consent agreement.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”, “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 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 licensure in this state if the person is 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 licensed in this state prior to otherwise practicing architecture in this state as defined in section 544A.16, subsection 9.2.  A person who violates this section is guilty of a serious misdemeanor.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 licensed under this chapter 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”, “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 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 license.(5)  Falsely impersonates any other licensed architect.(6)  Uses or attempts to use an expired, suspended, revoked, or nonexistent license.(7)  Knowingly aids or abets an unlicensed person who engages in any activity identified in this paragraph.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 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.4.  The board at its discretion and in lieu of prosecuting a first offense under this section may enter into a consent agreement with a violator, or with a person guilty of aiding or abetting a violator, which acknowledges the violation and the violator’s agreement to refrain from any further violations.[C66, 71, 73, 75, 77, 79, 81, §118.15]87 Acts, ch 92, §7544A.1596 Acts, ch 1055, §3, 2008 Acts, ch 1059, §10, 2017 Acts, ch 131, §7544A.16Definitions.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 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.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.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.18.10.  “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.11.  “Professional consultant” means a person who is required by the laws of this state to hold a current and valid certificate of registration or 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.12.  “Programming” means the identification, verification, and analysis of the architectural requirements precedent to the planning and design of a building or structure.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.[C66, 71, 73, 75, 77, 79, 81, §118.16]87 Acts, ch 92, §8, 88 Acts, ch 1274, §37544A.162005 Acts, ch 104, §1, 2017 Acts, ch 131, §3, 4, 7, 2018 Acts, ch 1026, §162Referred to in 544A.15544A.17When not applicable.The provisions of this chapter shall not apply to:1.  Professional engineers licensed under chapter 542B.2.  Persons acting under the instruction, control, or supervision of, and those executing the plans of, a licensed architect or a professional engineer licensed under chapter 542B, provided that such unlicensed persons shall not be placed in responsible charge of architectural or professional engineering work.3.  Superintendents, inspectors, supervisors, and building trades craftspersons while performing their customary duties.[C66, 71, 73, 75, 77, 79, 81, §118.17]544A.172007 Acts, ch 126, §95, 2017 Acts, ch 131, §5, 2018 Acts, ch 1041, §107, 2022 Acts, ch 1032, §93544A.18Exceptions.Notwithstanding the other provisions of this chapter, persons who are not licensed architects may perform planning and design services in connection with any of the following:1.  Detached residential buildings containing twelve or fewer family dwelling units of not more than three stories and outbuildings in connection with the buildings.2.  Buildings used primarily for agricultural purposes including grain elevators and feed mills.3.  Nonstructural alterations to existing buildings which do not change the use of a building:a.  From any other use to a place of assembly of people or public gathering.b.  From any other use to a place of residence not exempted by subsection 1.c.  From an industrial or warehouse use to a commercial or office use not exempted by subsection 4.4.  Warehouses and commercial buildings not more than one story in height, and not exceeding ten thousand square feet in gross floor area; commercial buildings not more than two stories in height and not exceeding six thousand square feet in gross floor area; and light industrial buildings.5.  Factory built buildings which are not more than two stories in height and not exceeding twenty thousand square feet in gross floor area or which are certified by a professional engineer licensed under chapter 542B.6.  Churches and accessory buildings, whether attached or separate, not more than two stories in height and not exceeding two thousand square feet in gross floor area.[C66, 71, 73, 75, 77, 79, 81, §118.18]84 Acts, ch 1057, §1544A.182007 Acts, ch 126, §96, 2017 Acts, ch 131, §7, 2022 Acts, ch 1032, §94Referred to in 544A.16, 544A.28544A.19  Reserved.544A.20Injunction.In addition to any other remedies, and on the petition of the board or any person, any violators of this chapter may be restrained and permanently enjoined.[C66, 71, 73, 75, 77, 79, 81, §118.20]C93, §544A.20544A.21Practice by business entities.Repealed by 2014 Acts, ch 1001, §6.544A.22 through 544A.24 544A.25Applicant — civil rights — moral character.1.  An applicant is not ineligible for 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 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 licensed in violation of 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 license the applicant on the basis of suitable evidence of reform.[C75, 77, 79, 81, §118.25]87 Acts, ch 92, §11544A.252012 Acts, ch 1023, §157, 2017 Acts, ch 131, §7544A.26Public members.The public members of the board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.[C75, 77, 79, 81, §118.26]C93, §544A.26544A.27Disclosure of confidential information.1.  The board shall not disclose information relating to the following:a.  The contents of the examination.b.  The examination results other than final score except for information about the results of an examination which is given to the person who took the examination.2.  A member of the board who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.[C75, 77, 79, 81, §118.27]C93, §544A.272008 Acts, ch 1059, §11544A.28Seal required.1.  An architect shall procure a seal with which to identify all technical submissions issued by the architect for use in this state. The seal shall be of a design, content, and size designated by the board.2.a.  Technical submissions prepared by an architect, or under an architect’s direct supervision and responsible charge, shall be stamped with the impression of the architect’s seal. The board shall designate by rule the location, frequency, and other requirements for use of the seal. An architect shall not impress the architect’s seal on technical submissions if the architect was not the author of the technical submissions or if they were not prepared under the architect’s direct supervision and responsible charge. An architect who merely reviews standardized construction documents for pre-engineered or prototype buildings, is not the author of the technical submissions and the technical submissions were not prepared under a reviewing architect’s responsible charge.b.  An architect shall cause those portions of technical submissions prepared by a professional consultant to be stamped with the impression of the seal of the professional consultant, with a clear identification of the consultant’s areas of responsibility, signature, and date of issuance.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 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.87 Acts, ch 92, §12118.28544A.282004 Acts, ch 1086, §90, 2015 Acts, ch 29, §85, 2017 Acts, ch 131, §7544A.29Rules.The board may adopt rules consistent with this chapter for the administration and enforcement of this chapter and may prescribe forms to be issued. The rules may include, but are not limited to, standards and criteria for licensure, license renewal, professional conduct, misconduct, and discipline. Violation of a rule of conduct is grounds for disciplinary action or reprimand or probation at the discretion of the board. The board may enter into a consent order with an architect which acknowledges an architect’s violation and agreement to refrain from any further violation. A willful or repeated violation of a rule of conduct is grounds for disciplinary action as provided in section 544A.13.1987 Acts, ch 92, §13CS87, §118.29C93, §544A.29544A.30Registered 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. 2017 Acts, ch 131, §6