|
Updated 06/05/2007
THE REGISTRATION ACT
ARTICLE 1.
GENERAL PROVISIONS
§§34-2-1 through
34-2-7. Repealed by Acts 1979, No. 79-676, §14, effective July 30, 1979.
ARTICLE 2.
BOARD OF REGISTRATION
§§34-2-1 through 34-2-24.
Repealed by Acts 1979, No. 79-676, §14, effective July 30, 1979.
§34-2-30. Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed by this section:
(1) ARCHITECT. An individual who is legally
qualified to practice architecture.
(2) PRACTICE OF ARCHITECTURE. When an individual
holds himself out as able to render or when he does render any service by consultations,
investigations, evaluations, preliminary studies, plans, specifications, contract
documents and a coordination of all factors concerning the design and observation of
construction of buildings or any other service in connection with the design, observation
or construction of buildings located within the boundaries of the state, regardless of
whether such services are performed in connection with 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.
(3) PRACTICE ARCHITECTURE OR PRACTICING
ARCHITECTURE. Performing or doing, or offering or attempting to do or perform any service,
work, act or thing within the scope of the "practice of architecture." An
individual shall be construed to hold himself out as practicing architecture when, by
verbal claim, sign, advertisement, letterhead, card or any other way, he represents
himself to be an architect with or without qualifying adjective, or when he implies that
he is an architect through the use of some other title.
(4) BUILDING. A structure consisting of
foundation, walls or supports and roof, with or without other parts. (Acts 1979, No.
79-676, §1.)
§34-2-31. DECLARATION OF POLICY; CHAPTER
LIBERALLY CONSTRUED; COMPLIANCE WITH CHAPTER REQUIRED.
Architects and the practice of architecture are
hereby declared to affect the public health, safety and welfare and to be subject to
regulation and control in the public interest. It is further declared to be a matter of
public interest and concern that the architectural profession merit and receive the
confidence of the public and that only qualified architects be permitted to practice
architecture in the State of Alabama. All provisions of this chapter relating to the
practice of architecture shall be liberally construed to carry out these objects and
purposes.
In order to safeguard life, health and property,
and to promote the public welfare, no person shall practice architecture in this state, or
use the title "architect" or any title, sign, card or device to indicate that
such person is practicing architecture or is an architect unless such person shall
thereafter comply with the provisions of this chapter. (Acts 1979, No. 79-676, §2.)
§34-2-32. REGISTERED ARCHITECT'S SERVICES
REQUIRED; EMPLOYEES; EXEMPTIONS; INTERPROFESSIONAL PRIVILEGES BETWEEN ARCHITECTS AND
PROFESSIONAL ENGINEERS.
a. Nothing contained in this chapter shall
prevent:
(1) employees of registered architects from
acting under the instructions, control or supervision of their employers; or
(2) the employment of superintendents of the
construction or alteration of buildings.
b. No person shall be required to register as an
architect in order to make plans and specifications for or administer the erection,
enlargement or alteration of any building upon any farm for the use of any farmer,
irrespective of the cost of such building, or any single family residence building or any
utility works, structures or building (provided that the person performing such
architectural works is employed by an electric, gas or telephone public utility regulated
pursuant to the laws of Alabama or by a corporation affiliated with such utility), or of
any other type building(s) which has a total area of less than 2,500 square feet and is
not intended for assembly occupancy, except schools, churches, auditoriums or other
buildings intended for the assembly occupancy of people.
c. The services of a registered architect
shall be required on all buildings except those hereinabove exempted and no official of
this state or any city, town or county herein charged with the enforcement of laws,
ordinances or regulations relating to the construction or alteration of buildings, shall
accept or approve any plans or specifications that are not so prepared.
d. Nothing in this chapter shall prevent
registered professional engineers or their employees or subordinates under their
supervision or control from performing architectural services incidental to their
engineering practice. Nothing in this chapter shall prevent registered architects or their
employees or subordinates under their supervising control from performing engineering
services incidental to their architectural practice.
No professional engineer shall practice
architecture or use the designation "architect" or any terms derived therefrom
unless that individual is registered pursuant to this chapter. No architect shall practice
professional engineering or use the term "engineer" or any term derived
therefrom unless that individual is also qualified and registered as an engineer. (Acts
1979, No. 79-676, §3; Acts 1987, No. 87-544, §3.)
§34-2-33. APPLICATION FOR CERTIFICATE OF
REGISTRATION; QUALIFICATIONS OF APPLICANTS; EXAMINATION; ISSUANCE; EXPIRATION; RENEWAL.
a. The Board shall receive applications for
registration as an architect only on forms prescribed and furnished by the Board. Upon
receipt of the application and the payment of a fee, as established by the Board, the fee
in no event exceeding two hundred dollars ($200), the Board shall promptly notify the
applicant of examination requirements for certification.
The Board may contract with an independent
testing agency to prepare, grade, or conduct the examination. If the Board determines the
applicant requires examination, the applicant shall pay the actual cost of the examination
directly to the Board-authorized testing agency.
b. The Board may issue to an applicant
without further examination, a certificate of registration as an architect provided the
applicant holds an unexpired certificate issued to him or her by the National Council of
Architectural Registration Boards, hereinafter referred to as "NCARB".
c. Either of the following facts established in
the application shall be regarded as prima facie "evidence" satisfactory to the
Board that the applicant is fully qualified to be examined for certification:
(1) Graduation after a course of study of a
length as the Board shall by regulation determine from a school or college of architecture
accredited by the National Architectural Accrediting Board, hereinafter referred to as
"NAAB", and an additional period of practical experience in architectural work
under the control and supervision of a registered architect or architects as the Board by
regulation shall deem appropriate.
(2) Acceptable combinations of education and
apprenticeship as may be established by the Board. Acceptable combinations of education
and apprenticeship shall comply with the standards of education, training and character as
set forth in Appendix "A" in the 1983 NCARB Circular of Information Number 1.
Applicants for examination who meet the aforementioned qualification shall submit notice
of intent to sit for the examination before December 30, 1987, or 90 days after the
passage of the amendatory act, whichever time period is longer. After that time, the only
qualification for examination acceptable to the Board shall be graduation from a NAAB
accredited school or college and an additional period of practical experience.
Unless exempted, applicants shall take and pass
the professional examination administered by the Board or an independent testing agency
approved by the Board.
d. In determining the sufficiency of the
qualifications of the applicant for registration, a majority vote of the members of the
Board shall be required.
e. Certificates for registration shall
expire on the thirtieth day of September following their issuance or renewal and shall
become invalid on that day unless renewed.
Certificates of registrants who are or may be in the armed forces of the United States
shall not expire until the thirtieth day of September following the discharge or final
separation of the registrant from the armed forces of the United States.
f. Renewal may be effected at any time
prior to or during the month of September by the payment of a fee established by the
Board, not to exceed one hundred fifty dollars ($150).
A penalty not to exceed the sum of seventy-five
dollars ($75) may be added to the renewal fee for failure to renew a certificate upon such
terms and conditions as the Board may by regulation determine. Failure to renew a
certificate of registration by December 31 shall result in a lapse of registration.
g. A registrant whose certificate of
registration has lapsed may have it reinstated, if in compliance with other relevant
requirements, by filing a renewal form and paying, in addition to the appropriate renewal
fee and late penalty, a reinstatement fee of one hundred fifty dollars ($150).
h. There is hereby created, for renewal of
certificate purposes, a status to be known as "emeritus status architect," which
shall apply to architects who have been registered for 10 consecutive years or longer, and
who are 65 years of age or older, and who have retired from active practice. The annual
renewal of registration for emeritus status shall be renewed without payment of a fee. If
an emeritus status architect subsequently wishes to practice, he may do so without penalty
by proper application to the Board. (Acts 1979, No. 79-676, §4; Acts 1987, No. 87-544,
§3; Acts 1991, No. 91-157, §3; Acts 1995, No. 95-281, §3.)
§34-2-34. REFUSAL, REVOCATION OR SUSPENSION OF
CERTIFICATE; GROUNDS; HEARING; APPEAL.
The Board shall have the following disciplinary
powers:
1. To issue reprimands to any licensee who
violates any provision of this chapter or the rules and regulations of the Board;
2. To levy administrative fines for serious
violations of this chapter or the rules and regulations of the Board of not more than
$5,000.00 for each day the violation continues, but in no event shall an administrative
fine exceed $25,000.00 total per violation;
3. To refuse to issue a certificate, to
suspend a certificate for a definite period or to revoke the certificate of registration
of an architect who is found guilty of:
a. Any fraud or deceit in obtaining a
certificate of registration as determined by the Board at a hearing; or
b. Gross negligence, incompetency or
misconduct in the practice of architecture as determined by the Board at a hearing; or
c. A felony or misdemeanor involving moral
turpitude by a court of competent jurisdiction; or
d. Practicing architecture in this state in
violation of the standards of professional conduct established by the Board; or
e. Practicing architecture in this or any
other state or country in violation of the laws of that state of country; or
f. Aiding or abetting any individual,
partnership or corporation to engage in the practice of architecture in violation of any
provisions of law.
Pursuant to this subdivision (3), notice of the
nature of the charges placed against an architect and the time and place of hearing these
charges by the Board must be sent to the accused by registered mail, with return receipt
requested, and addressed to his last known place of business, or residence, not less than
10 days before the date fixed for such hearing. Said notice shall inform the individual
that he is entitled to be represented by counsel of his choosing at the hearing, to have
witnesses testify in his behalf at the hearing, to confront and cross-examine witnesses at
the hearing and to testify in his own behalf at the hearing.
In all cases of reprimand, administrative fine,
refusal, suspension or revocation of a certificate of registration, or any other
disciplinary action of the Board, the accused may appeal to the circuit court of
Montgomery County, Alabama. Either party, the accused or the Board, has the right to
appeal from the final decree of the circuit court as provided by law. (Acts 1979, No.
79-676, §5; Acts 1991, No. 91-157, §3.)
§34-2-35. SEAL OF REGISTRANT; PURPOSE;
CERTIFICATE OF AUTHORIZATION FOR PARTNERSHIPS OR CORPORATIONS; VIOLATIONS.
a. Each registrant must obtain a seal of a
design authorized by the Board bearing the registrant's name, the legend "Registered
Architect(s)," the words "State of Alabama" and the registrant's license
registration number.
b. Partnerships or corporations performing
architectural services in this state must be issued annually a certificate of
authorization to practice architecture by the Board, and must submit an application and a
fee not to exceed $100.00 for a certificate of authorization. Certificates shall be valid
from January 1 through December 31 of the year issued. Renewal fees shall not exceed
$100.00. Disciplinary action for corporations or partnerships shall be the same as for
registered architects. The Board retains the initial fee deposited as an application fee
if a certificate of registration or authorization is denied an applicant.
The corporation or partnership shall be
responsible for the acts of its agents, employees or officers. Also a certificate of
authorization shall be required for corporations or partnerships which operate under an
assumed name which does not include the proper names of any registered architects within
the firm. Any architect who files articles of incorporation or any corporation which files
an amendment to its articles of incorporation must file a copy of the articles of
incorporation or the amendment with the Board simultaneously with or within 30 days of
filing same with the probate judge of the county of incorporation.
c. Nothing in this chapter shall prevent a
registered architect from being employed by a person, firm, partnership, corporation or
professional corporation.
d. Plans, specifications, plates and
reports, and all documents prepared by an architect which are issued by a registrant must
be stamped with the seal during the life of a registrant's certificate.
It shall be unlawful for anyone to stamp or seal
any document with said seal after the certificate or the registrant named thereon has
expired or been revoked.
It shall be unlawful for an architect or any
other individual to stamp, to cause to be stamped or to allow to be stamped any document
or documents which were not prepared under the supervision and control of the registered
architect whose stamp is to be affixed thereon.
e. On or after July 22, 1987, it shall be
unlawful: (1) to practice architecture in a branch office not under the day-to-day
supervision of a registered architect, or (2) for an architect to falsely represent
himself as being in responsible charge of architectural work or to permit his seal, or
facsimile thereof, to be used by another for any purpose. Violations shall be penalized as
provided in Section 34-2-36 hereof. (Acts 1979, No. 79-676, §6; Acts 1987, No. 87-544,
§3.)
§34-2-36. PENALTIES; INJUNCTION.
On or after the effective date of this act, any
person who knowingly, willfully, or intentionally violates any provision of this chapter
shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a
distinct and separate offense.
When it appears to the Board that any person is
violating any of the provisions of this chapter, the Board may in its own name bring an
action in the circuit court for an injunction, and said court may enjoin any person from
violating this chapter regardless of whether the proceedings have been or may be
instituted before the Board or whether criminal proceedings have been or may be
instituted.
§34-2-37. PRACTICE OF ARCHITECTURE BY
CORPORATIONS OR PARTNERSHIPS; FOREIGN CORPORATIONS.
It shall be lawful for a corporation, a
professional corporation or a professional association to practice architecture in this
state provided that all officers and voting stockholders are architects or professional
engineers registered under the laws of Alabama. Practice of said corporation, professional
corporation or professional association shall be under the direct control of an officer
who is a duly registered architect in this state and whose name shall appear on all
documents of said corporation, professional corporation or professional association in its
practice of architecture.
The name of such corporation, professional
corporation or professional association shall not contain the names of former partners
who, by virtue of death, retirement or resignation, are no longer active participants in
the practice of architecture. Upon the death, retirement or resignation of any named
partner, the name of the corporation, professional corporation or professional association
shall be renamed within two years in accordance with the provisions of this section.
Nothing herein contained shall apply to a
corporation, professional corporation or professional association legally practicing
architecture in this state on September 7, 1967.
It shall be lawful for a partnership composed of
architects and professional engineers registered under the laws of this state to practice
architecture. Said partnership must include at least one architect. The practice of said
partnership shall be under the direct control of a partner who is a duly registered
architect in this State and whose name shall appear on all documents of said partnership
in its practice of architecture.
The name of such partnership shall not contain
the name of a former partner who by virtue of death, retirement or resignation, is no
longer an active participant in the practice of architecture. Upon the death, retirement,
or resignation of a partner, said partner's name shall be removed from the name of the
partnership within two years in accordance with the provisions of this section.
Foreign corporations who do not otherwise comply
with the provisions of this chapter shall not practice architecture in the state of
Alabama. However, an individual licensed to practice pursuant to this chapter who is a
member of a foreign corporation shall be allowed to practice in the state of Alabama so
long as he does so in his individual name. (Acts 1979, No. 79-676, §8.)
§34-2-38. BOARD FOR REGISTRATION OF ARCHITECTS -
CREATION; COMPOSITION; APPOINTMENT; TERMS OF OFFICE; VACANCIES; RESIDENCY REQUIREMENTS.
To carry out the provisions of this chapter,
there shall be a state Board for registration of architects, hereinafter referred to as
the Board, consisting of six members, each of whom shall be appointed by the governor from
a list of three persons selected as hereinafter provided.
All appointments as members of the Board shall be
architects registered and licensed under the provisions of this chapter, and said Board
shall be appointed from the following districts: one from the northern district; two from
the north central district; two from the central district and one from the southern
district. The northern district shall be comprised of the counties of Colbert, Cullman,
DeKalb, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall,
Morgan and Winston; the north central district shall be comprised of the counties of
Bibb,
Blount, Calhoun, Cherokee, Clay, Cleburne, Etowah, Fayette, Greene, Hale, Jefferson,
Lamar, Pickens, Randolph, Shelby, St. Clair, Sumter, Talladega, Tuscaloosa and Walker; the
central district shall be comprised of the counties of Autauga, Barbour, Bullock, Butler,
Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Geneva,
Henry, Houston, Lee, Lowndes, Macon, Marengo, Montgomery, Perry, Pike, Russell, Tallapoosa
and Wilcox; and the southern district shall be comprised of the counties of Baldwin,
Choctaw, Clark, Conecuh, Escambia, Mobile, Monroe and Washington.
Thirty days prior to the expiration of a Board
Member's term, or for filling a vacancy otherwise occurring, there shall be a nominating
committee of six members selected by secret ballot from the district entitled to fill the
vacancy, at a meeting in the district called by the secretary of the Board who shall give
notice in writing of the time and place of the called meeting to each architect in the
district at least 30 days in advance of the date set for said meeting and vote on the
members to be placed on the committee. After the selection of the committee from the
district where the vacancy occurs, there shall be a meeting of the committee with the
Board at the same place within five days to select by secret ballot the name of three
persons which shall be sent to the governor by the secretary of the Board. The governor
shall thereupon appoint one of the persons to the Board.
The term of office of the members of the Board
shall be four years and until their successors shall have been duly appointed and
qualified.
A member must reside and have his principal
office in the district from which appointed, and his place will become vacant if he should
remove either his residence or principal office from that district. (Acts 1979, No.
79-676, §9.)
§34-2-39. SAME - CERTIFICATES; POWERS AND
DUTIES; SEALS; BYLAWS; RULES AND REGULATIONS.
a. Each member of the Board shall receive a
certificate of appointment from the governor. Before beginning his term of office, each member of the
Board shall file with the secretary of state the constitutional oath of office.
b. The Board, or any committee thereof,
shall be entitled to the services of the attorney general in connection with the affairs
of the Board, and the Board shall have the power to compel attendance of witnesses, to
require production of documents, to administer oaths and to take testimony and proof
concerning all matters within its jurisdiction.
c. The Board shall adopt and have an
official seal which shall be affixed to all certificates of registration granted.
d. The Board shall have power and authority
to make and adopt bylaws, rules and regulations consistent with the provisions of this
chapter and pursuant to the state administrative procedure law in order to comply with the
provisions of this chapter and to establish standards of professional conduct of
architects.
e. The Board shall adopt a program of
continuing education not later than October 1, 1993, in order to insure that all
registered architects remain informed of those technical and professional subjects which
the Board deems appropriate to professional architectural practice. The Board may by
regulation describe the methods by which the requirements of such program may be
satisfied. Failure to meet such requirements of continuing education shall result in
nonrenewal of an architect's certificate of registration. (Acts 1979, No. 79-676, §10;
Acts 1991, No. 91-157, §3.)
§34-2-40. SAME - MEETINGS; OFFICERS; EMPLOYEES;
COMPENSATION; QUORUM.
a. The Board shall hold at least four
regular meetings each year.
b. The Board shall elect annually a
chairman and vice chairman who must be members of said Board, and a secretary, who may or
may not be a licensee of said Board. The Board may, with the approval of the governor,
employ clerks, experts, attorneys and others, as may be necessary in the carrying out of
the provisions of this chapter.
c. The Board shall have the power, with the
approval of the governor, to fix the compensation of the secretary and other employees.
d. A quorum of the Board shall consist of
not less than a majority of the duly appointed Board Members. (Acts 1979, No. 79-676,
§11; Acts 1987, No. 87-544, §3; Acts 1991, No. 91-157, §3.)
§34-2-41. FUND CREATED; RECEIPTS AND
DISBURSEMENTS; COMPENSATION OF MEMBERS; EXPENSES, BOND OF CHAIRMAN AND SECRETARY.
The secretary of the Board shall receive and
account for all moneys derived from the operation of this chapter. Such moneys shall be
certified into the treasury in a fund to be known as the "fund of the Board for the
registration of architects." Such fund shall be drawn against only for the purposes
of this chapter.
The fiscal year shall commence on the first day
of October and end on the thirtieth day of September.
Each member of the Board shall receive a per diem
as recommended by the Board consistent with applicable state laws for attending sessions
of the Board or its committee, and for the time spent in necessary travel to attend
meetings of said Board or its committee. In addition each member of the Board shall be
reimbursed for traveling and clerical expenses incurred in carrying out the provisions of
this chapter.
Expenses certified by the Board as properly and
necessarily incurred in the discharge of its duties, including, but limited to, authorized
compensations, additional legal services, experts, clerks, office rent and supplies, shall
be paid out of said fund on the warrant of the comptroller of the state. Such warrant
shall be issued on requisitions signed by the chairman and secretary of the Board. At no
time in any fiscal year shall the total amount of warrants issued exceed the total amount
of moneys accumulated in this fund.
The Board may make donations from its surplus
funds to any state educational institution which has an accredited school of architecture
for assistance in promoting education and research programs in architecture. The chairman
and the secretary of the Board shall give a surety bond in an amount no less than the
previous year's budget payable to the state of Alabama and conditioned upon the faithful
performance of their duties under this chapter. The premium of said bond shall be paid out
of the moneys in the "fund of the Board for the registration of architects."
(Acts 1979, No. 79-676, §12.)
§34-2-42. ANNUAL REPORT TO GOVERNOR.
On or before January 1 of each year, the Board
shall submit to the governor a report of its transactions for the preceding fiscal year
together with a complete statement of receipts and disbursements of the Board for its last
fiscal year, certified by the chairman and the secretary, and a copy of the said roster of
registered architects. (Acts 1979, No. 79-676, §13; Acts 1982, No. 82-147, §4.)
BACK TO TOP
|
