Chapter 3-A: ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS HEADING: PL 1993, C. 389, §4 (RPR)
Subchapter 2: REGULATION OF ARCHITECTS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS HEADING: PL 1993, C. 389, §11 (RPR)
§220. Licensing requirements
1.Architects.
A. A person may not practice architecture or profess to practice architecture inside the State or use the title or profess
to be an "architect" or "licensed architect" or display or use any words, letters, figures, titles, sign, card advertisement or other symbol or device indicating
or tending to indicate that the person is an architect or is practicing architecture, or sign technical submissions unless
the person is duly licensed by the board.
As used in this chapter, the practice of architecture consists of rendering or offering to render service to clients by consultations,
investigations, technical submissions and a coordination of structural factors concerning the aesthetic or structural design
and administration of construction contracts or any other service in connection with the designing or administration of construction
contracts for buildings located inside the State that have as their principal purpose human occupancy or habitation, regardless
of whether the persons are performing one or all of these duties, or whether they are performed in person or as the directing
head of an office or organization performing them.
As used in this chapter, the term "technical submissions" includes the preliminary studies, plans, designs, drawings, specifications
and contract documents, as well as other documents, prepared in the course of practicing architecture or landscape architecture.
The practice of architecture does not include the practice of landscape architecture as defined in this chapter. A licensed
architect may do landscape architectural work as is incidental to the architect's work. [2007, c. 402, Pt. F, §10 (AMD).]
B. Qualifications.
(1) To be qualified for admission to the examination to practice architecture in this State an applicant must submit evidence
to the board that:
(a) The applicant has completed a course of study in a school or college of architecture approved by the board, with graduation
evidenced by a diploma setting forth a satisfactory degree, and 3 years of practical experience under the supervision of an experienced architect or architects engaged in the practice of architecture as a profession; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully
equivalent to that required in division (a).
(2) An applicant for licensure as an architect in this State who has a current and valid license from another jurisdiction
and a certificate from the National Council of Architectural Registration Boards or its successor or other organization approved by the board may offer to render architectural services in this State prior to licensure by the board if the applicant first notifies
the board in writing that the applicant will be present in this State to offer to render architectural services. The applicant
may not render architectural services until duly licensed by the board. [2007, c. 402, Pt. F, §11 (AMD).]
C. Corporations and partnerships.
(1) A corporation or partnership may not be licensed to practice architecture in this State, but it is lawful for a corporation
or partnership to practice architecture in this State if:
(a) At least 1/3 of the directors, if a corporation, or 1/3 of the partners, if a partnership, are licensed under the laws
of any state to practice architecture;
(b) The practice of architecture is under the direct supervision of a director or partner who is licensed to practice architecture
under this chapter; and
(c) An additional 1/3 of the directors or partners are licensed under the laws of any state to practice engineering, architecture
or landscape architecture.
If the total number of directors or partners is not divisible by 3, the number of directors or partners required to satisfy
the requirements of this subparagraph is determined by dividing the total number of directors or partners by 3 and rounding
to the nearest whole number.
Any corporation or partnership authorized to practice architecture under this chapter shall, upon written request from the
board, submit information concerning the organization and activities of the corporation or partnership.
(2) A corporation or partnership authorized under this chapter to practice architecture in the State may offer to render
and may practice landscape architectural services beyond those landscape architectural services that are incidental to the
rendering of architectural services if:
(a) The person who is rendering landscape architectural services is a licensed landscape architect under this chapter; and
(b) The landscape architectural services offered are rendered by or under the direct supervision of a licensed landscape
architect.
(3) A corporation or partnership that may not otherwise offer to render architectural services may offer to render those
services if:
(a) An architect licensed in the State or otherwise permitted to offer to render architectural services participates substantially
in all material aspects of the offering and supervises directly the architectural services provided;
(b) The corporation or partnership provides written disclosure at the time of the offering that the architect is engaged
by and responsible contractually to the corporation or partnership; and
(c) The corporation or partnership provides written notice to any person who engages the corporation or partnership to receive
the architectural services offered, prior to termination of the architect involved in the offering. [1991, c. 396, §11 (NEW).]
[
2007, c. 402, Pt. F, §§10, 11 (AMD)
.]
2.Landscape architects. Landscape architects are subject to the provisions of this section.
A. A person may not use the title "landscape architect" or profess to be a landscape architect or sign drawings or specifications
as a landscape architect unless that person is duly licensed by the board.
As used in this chapter, the practice of landscape architecture consists of rendering or offering to render services to clients
by consultations, investigations, technical submissions and administration of construction contracts for the purposes of public
land development and enhancement projects involving site vehicular access and circulation, multi-vehicle parking areas, grading
and drainage of such ways and areas and site grading that results in drainage flows that exceed the previously existing drainage
capacity, when such project submissions require the stamp or seal of a licensed professional for permit or approval by a municipal
land ordinance, site plan ordinance, zoning ordinance or state land development law. These services must apply artistic and
scientific principles to the research, planning, design and management of both natural and built environments.
Practitioners of landscape architecture may collaborate in the design of buildings, roads, bridges and other structures with
respect to the functional and aesthetic requirements of the landscape in which they are to be placed.
The practice of landscape architecture does not include the practice of architecture as defined in this chapter. A licensed
landscape architect may do such architectural work as is incidental to the landscape architect's work.
A person licensed as a landscape architect pursuant to this subsection is entitled to practice within the scope of that person's
knowledge, skill and abilities. This subsection may not be construed to affect or prevent the practice of architecture, engineering
or any other legally recognized profession. [2007, c. 390, §1 (RPR).]
B. A landscape architect must meet the qualifications established in this paragraph.
(1) To be qualified for admission to the examination to practice landscape architecture in this State, an applicant must
submit evidence that:
(a) The applicant has completed a course of study in a school or college of landscape architecture approved by the board,
with graduation evidenced by a diploma setting forth a satisfactory degree and 2 years of practical experience in landscape
architectural work of a grade and character satisfactory to the board; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully
equivalent to that required in division (a).
(2) An applicant for licensure as a landscape architect in this State who has a current and valid license from another jurisdiction
and a certificate from a recognized council of landscape architectural registration boards may offer to render landscape architectural
services in the State prior to licensure by the board as long as the applicant first notifies the board in writing that the
applicant will be present in the State to offer to render landscape architectural services. The applicant may not render
landscape architectural services until duly licensed by the board.
(3) An applicant for renewal of a license issued pursuant to this section shall submit evidence that the applicant meets the
qualifications established by the board. [2009, c. 415, Pt. A, §16 (RPR).]
C. Corporations and partnerships are subject to the provisions of this paragraph.
(1) A corporation or partnership may not be licensed to practice landscape architecture in this State, but it is lawful for
a corporation or partnership to practice landscape architecture in this State if:
(a) The practice of landscape architecture is under the direct supervision of a director or partner who is licensed to practice
landscape architecture under this chapter; and
(b) At least 1/3 of the directors or partners of the corporation or partnership are licensed under the laws of any state
to practice engineering, architecture or landscape architecture. If the total number of directors or partners is not divisible
by 3, the number of directors or partners required to satisfy this requirement is determined by dividing the total number
of directors or partners by 3 and rounding to the nearest whole number.
A corporation or partnership authorized to practice landscape architecture under this chapter shall, upon written request
from the board, submit information concerning the organization and activities of the corporation or partnership.
(2) A corporation or partnership authorized under this chapter to practice landscape architecture in the State may offer
to render architectural services beyond those architectural services that are incidental to the rendering of landscape architectural
services if:
(a) The person who is rendering architectural services is a licensed architect under this chapter; and
(b) The architectural services offered are rendered by or under the direct supervision of a licensed architect.
(3) A corporation or partnership that may not otherwise offer to render landscape architectural services may offer to render
those services if:
(a) A landscape architect licensed in the State or otherwise permitted to offer to render landscape architectural services
participates substantially in all material aspects of the offering and supervises directly the landscape architectural services
provided;
(b) The corporation or partnership provides written disclosure at the time of the offering that the landscape architect is
engaged by and responsible contractually to the corporation or partnership; and
(c) The corporation or partnership provides written notice to any person who engages the corporation or partnership to receive
the landscape architectural services offered, prior to termination of the landscape architect involved in the offering. [2007, c. 390, §1 (RPR).]
[
2009, c. 415, Pt. A, §16 (AMD)
.]
SECTION HISTORY
1977, c. 463, §3 (NEW).
1977, c. 564, §§118I,118J (AMD).
1987, c. 395, §A115 (AMD).
1991, c. 396, §11 (AMD).
1991, c. 824, §§A63,64 (AMD).
RR 1991, c. 1, §44 (COR).
2007, c. 390, §1 (AMD).
2007, c. 402, Pt. F, §§10-12 (AMD).
2009, c. 415, Pt. A, §16 (AMD).
Data for this page extracted on 11/16/2009 02:42:06.