2023-2024 Regular Session SB 1319 PN 1879 Bill Text (HTM)

PRINTER'S NO. 1879

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1319

Session of

2024

INTRODUCED BY FARRY, KEARNEY AND COMITTA, SEPTEMBER 13, 2024

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

SEPTEMBER 13, 2024

AN ACT

Amending the act of December 14, 1982 (P.L.1227, No.281),

entitled "An act regulating the practice of architecture in

the Commonwealth of Pennsylvania; providing for the

examination and licensure of architects by a State Architects

Licensure Board; and providing penalties," further providing

for title of act, for short title, for declaration of

purpose, for definitions, for creation of board and

appointment and term of members and officers, for

organization of board, for powers of board, for duties of

board, for examination and qualification of applicants, for

reciprocal licensing, for issuance and renewal of

certificates, for payment and disposition of fees and for

seal of architect; providing for architectural firm

registration and for architectural firm names; further

providing for permitted practices, for existing licenses, for

existing rules and regulations and for unauthorized practice

prohibited; providing for certification of interior

designers; further providing for disciplinary proceedings,

for penalties and for complaint procedure and hearings;

providing for regulations; further providing for

severability, for repeals and for effective date; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title of the act of December 14, 1982

(P.L.1227, No.281), known as the Architects Licensure Law, is

amended to read:

AN ACT

Regulating the practice of architecture and the provision of

interior design services as a certified interior designer in

the Commonwealth of Pennsylvania; providing for the

examination and licensure of architects and the certification

of interior designers by a State Architects Licensure Board;

and providing penalties.

Section 2. The act is amended by adding a chapter heading to

read:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 3. Section 1 of the act is renumbered to read:

Section [1] 101. Short title.

This act shall be known and may be cited as the "Architects

Licensure Law."

Section 4. Sections 2 and 3 of the act are amended to read:

Section [2] 102. Declaration of purpose.

In order to protect the health, safety and property of the

people of the Commonwealth of Pennsylvania and to promote their

welfare, no person shall engage in the practice of architecture

or provide interior design services as a certified interior

designer in this Commonwealth except in compliance with the

requirements of this act.

Section [3] 103. Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Accredited school." Any educational institution with an

academic program in architecture or interior design services

accredited by a national [architectural] accrediting body or

approved by the board.

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"Architect." An individual licensed under this act to engage

in the practice of architecture within the Commonwealth of

Pennsylvania.

"Board." The Architects Licensure Board established by this

act.

"Certificate." The certificate [of licensure] issued by the

board under Chapter 7 indicating that the individual named

[therein is an architect] is a certified interior designer.

"Certified interior designer." An individual who is

certified under this act to provide interior design services.

"Continuing education." Postlicensure or postcertification

learning that enables an architect or certified interior

designer to increase or update knowledge and competency in

technical and professional subjects related to the practice of

architecture or provision of interior design services,

respectively.

"Design-build." A project delivery method whereby a design-

build entity signs a single contract to provide a combination of

architectural and construction services to a client.

"Design-build entity." An entity which provides by single

contract to a client a combination of architectural and

construction services.

"Interior design services." The rendering or offering to

render services in the preparation and administration of

documents, including drawings, schedules and specifications

which pertain to the design intent and planning of interior

spaces, including furnishings, layout, fixtures, cabinetry,

lighting and device location and type, finishes, materials and

interior construction not materially related to or materially

affecting the building systems. The term does not include the

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practice of architecture.

"License." The license issued by the board under Chapter 5

indicating that the individual named is authorized to engage in

the practice of architecture as an architect.

"Practice of architecture." The rendering or offering to

render certain services, hereinafter described, in connection

with the design and construction of a structure or group of

structures which have as their principal purpose human

habitation or use, and the utilization of space within and

surrounding such structures. The services referred to in the

previous sentence include planning, providing preliminary

studies, designs, drawings, specifications, and other design

documents, construction management and administration of

construction contracts. The foregoing shall not be deemed to

include the practice of engineering as such, for which separate

registration is required under the provisions of the act of May

23, 1945 (P.L.913, No.367), known as the ["Professional

Engineers Registration Law,"] "Engineer, Land Surveyor and

Geologist Registration Law," excepting only engineering work

incidental to the practice of architecture.

"Professional degree." A first professional degree in

architecture conferred by an accredited school.

Section 5. The act is amended by adding a chapter heading to

read:

CHAPTER 3

ARCHITECTS LICENSURE BOARD

Section 6. Sections 4, 5, 6 and 7 of the act are amended to

read:

Section [4] 301. Creation of board; appointment and term of

members and officers.

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(a) There is hereby established an Architects Licensure

Board which shall consist of the Commissioner of Professional

and Occupational Affairs, the Director of the Bureau of Consumer

Protection in the Office of Attorney General, or [his designee,

two members who shall represent the public at large] the

director's d esignee, two members who shall represent the public

at large, one member who shall be a certified interior designer,

and [five] seven members, all of whom shall be architects, who

have been in the active practice of architecture in the

Commonwealth of Pennsylvania for not less than seven years prior

to their appointment.

(b) Each professional and public member of the board shall

be appointed by the Governor with the advice and consent of the

Senate. The confirmed members of the State Board of Examiners of

Architects constituted under the act of July 12, 1919 (P.L.933,

No.369), referred to as the Architects Registration Law, who

were members on December 14, 1982, and the presently confirmed

members of the [Architects Licensure Board] board constituted

under this act as of December 31, 1983, shall continue to serve

as board members until their terms of office expire but not

longer than six months beyond the expiration of such term. In

the event that any of said members shall die or resign during

his term of office, his successor shall be appointed in the same

way and with the same qualifications as above set forth and

shall hold office for the unexpired term. When terms of the

present board members expire, the next term of succeeding board

members shall be designated to expire at different times so that

one member shall be appointed for a term of one year, one member

shall be appointed for a term of two years, one member shall be

appointed for a term of three years, one member shall be

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appointed for a term of four years, and one member shall be

appointed for a full term of five years. Successive terms shall

be four years or until his successor is appointed and qualified.

for more than two consecutive full terms.

(d) Each member of the board shall take and subscribe to the

oath of office generally required of State officials.

(e) A member of the board who fails to attend three

consecutive meetings shall forfeit his seat unless the

Commissioner of Professional and Occupational Affairs, upon

written request from the member, finds that the member should be

excused from a meeting because of illness or the death of an

immediate family member.

(f) The board is subject to evaluation, review and

termination within the time and in the manner provided in the

act of December 22, 1981 (P.L.508, No.142), known as the "Sunset

Act."

(g) [Five] Seven members of the board shall constitute a

quorum.

Section [5] 302. Organization of board.

(a) An organizational meeting of the board shall be held

annually at which time the board shall elect from its membership

a president, a vice president and a secretary, who shall serve

for one year or until their successors are duly elected. The

board may meet at least once a month and at other times as the

board, in consultation with the Commissioner of Professional and

Occupational Affairs, deems desirable. Other meetings of the

board may be called in accordance with rules and regulations

promulgated by the board. Adequate public notice of the time and

place of meetings of the board shall be given.

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(b) Should a vacancy in the office of president, vice

president or secretary of the board occur, the remaining members

of the board shall fill such vacancy by election.

the transaction of all business, but no action shall be taken at

any meeting without the majority of the current board membership

in accord.

(d) Each professional and public member of the board shall

be paid reasonable traveling, hotel and other necessary expenses

and per diem compensation at the rate of $60 for each day of

actual service while on board business.

Section [6] 303. Powers of board.

(a) The board may establish reasonable rules and regulations

to carry out the provisions of this act.

(b) The board may establish, by regulations consistent with

the policy contained in this act, standards of professional

conduct for architects and certified interior designers.

the provisions of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929," for individuals

applying for licenses or certificates at least once each year,

provided the architect applicants are qualified under [sections

8 and 9] Chapter 5 and the certified interior designer

applicants are qualified under Chapter 7. The board may

establish such rules and regulations consistent with this act

for the examination of applicants as it deems appropriate.

(d) The board shall issue [certificates] licenses to

individuals who have qualified to engage in the practice of

architecture and certificates to individuals who have qualified

to engage in interior design services as certified interior

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designers under the provisions of this act. The board may

establish such rules and regulations consistent with this act

for the issuance and renewal of licenses and certificates as it

deems appropriate, including rules for the issuance of licenses

and certificates by reciprocity.

(e) The board shall have the power to administer and enforce

the laws of the Commonwealth of Pennsylvania relating to the

practice of architecture and the provision of interior design

services as a certified interior designer and to instruct and

require its agents to initiate appropriate proceedings for

unauthorized and unlawful practice.

(f) The board shall have the power to take disciplinary

action as described in this act. In all disciplinary proceedings

brought pursuant to this act, the board shall have the power to

administer oaths, to summon witnesses, and to compel the

production of documents in accordance with law. Upon the failure

of any person to appear or produce documents in accordance with

the board's order, the board may take appropriate action in

accordance with the act of October 15, 1980 (P.L.950, No.164),

known as the "Commonwealth Attorneys Act," to enforce

compliance.

(g) The board shall have the power to take appropriate

actions to initiate injunction and criminal prosecution

proceedings in connection with the unlawful and unauthorized

practice of architecture or the provision of interior design

services as a certified interior designer or other violations of

this act. Injunction and criminal proceedings shall be

instituted in accordance with the "Commonwealth Attorneys Act."

(h) The board shall have the power to appoint, with the

approval of the Governor, such hearing examiners as shall be

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necessary to conduct hearings as may be required under section

[21] 903. The board shall have the power to adopt and promulgate

rules and regulations setting forth the functions, powers,

standards and duties to be followed by its hearing examiners.

Section [7] 304. Duties of board.

(a) The board shall keep a record of its proceedings and the

board shall keep records relating to applications. Records

relating to applications shall include the name, age and last

known address of each applicant for licensure or certification,

information concerning each applicant's education, experience

and other qualifications, the text of all examinations

administered and the results thereof and such other information

as the board deems appropriate. The records of the board shall

be prima facie evidence in the proceedings and a certified

transcript by the secretary shall be admissible in evidence with

the same force and effect as if the original were produced.

(b) The board shall maintain an up-to-date roster showing

the names and addresses of the places of business of all

[architects licensed] licensed architects and certified interior

designers under this act, and under prior laws, and licensed or

certified by the board, which roster shall be published in

booklet form by the board every five years. In the interim years

following the publishing of the complete roster, the board shall

each year publish a supplemental roster containing the name,

license or certification numbers where applicable, and addresses

of all [architects licensed] licensed architects and certified

interior designers by the board subsequent to the publishing of

the last published roster or supplemental roster.

[architects licensed] licensed architects and certified interior

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designers in the Commonwealth of Pennsylvania. Such records

shall include all information directly related to the practice

of architecture and the provision of interior design services by

certified interior designers as defined herein.

(d) Annually at the end of its fiscal year, the board shall

submit to the Commissioner of Professional and Occupational

Affairs a report of its activities and transactions of the

preceding year. The board shall also submit to the Commissioner

of Professional and Occupational Affairs and to the House and

Senate Appropriations Committees, 15 days after the Governor has

submitted his budget to the General Assembly, a proposed budget

request for its operation for the succeeding fiscal year.

(e) The board shall submit annually a report to the

Professional Licensure Committee of the House of Representatives

and to the Consumer Protection and Professional Licensure

Committee of the Senate a description of the types of complaints

received, status of cases, board action which has been taken and

the length of time from the initial complaint to final board

resolution.

Section 7. The act is amended by adding a chapter heading to

read:

CHAPTER 5

LICENSURE OF ARCHITECTS

Section 8. Sections 8, 9, 10, 11, 12 and 13 of the act are

amended to read:

Section [8] 501. Examination and qualification of architect

applicants.

(a) Any individual of good character, who is a legal

resident of Pennsylvania or who is in the employ of or under the

direct supervision of an architect licensed with the board and

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who maintains a practice in the Commonwealth of Pennsylvania

under a permanent Pennsylvania business address may apply for a

[certificate] license under this act. An individual may not

practice architecture or use the title of architect in this

Commonwealth without being issued a license by the board under

this chapter.

(a.1) In assessing the character of an applicant under this

section with a criminal conviction, the board shall conduct an

individualized assessment in accordance with 63 Pa.C.S. § 3113

(relating to consideration of criminal convictions).

(b) Each applicant for a [certificate] license shall submit

evidence satisfactory to the board that the applicant holds a

professional degree in architecture from an accredited school

and has obtained at least three years' practical experience in

the employ of or under the direct supervision of a [registered]

licensed architect or as part of the applicant's academic

training. In lieu of a professional degree in architecture, the

board may accept evidence of at least six years' practical

experience obtained in the employ of or under the direct

supervision of a [registered] licensed architect which may

include academic training. The board may require that applicants

who do not hold a professional degree in architecture must first

pass a qualifying examination before being admitted to the

licensing examination described in subsection (c). The board may

at its discretion adopt as its standards for minimum education

and experience, the current guidelines on education, training

and experience equivalents adopted by the National Council of

Architectural Registration Boards.

(a) and (b) shall submit to a licensing examination. The

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examination shall cover such technical and professional subjects

and shall be graded on such basis as the board shall by

regulation prescribe. The board may at its discretion adopt the

examination and recommended grading procedures adopted by the

National Council of Architectural Registration Boards.

(d) The board may require applicants under this section and

section [9] 502 to appear for a personal interview.

Section [9] 502. Reciprocal architect licensing.

(a) The board may issue a [certificate] license, without

examination, to any individual who is registered, licensed or

certified as an architect in another state or country where the

qualifications required are equivalent to those required in this

State. The possession of a certificate from the National Council

of Architectural Registration Boards shall be prima facie

evidence that the individual meets the qualifications required

in this State.

(b) The board may issue a [certificate] license to

individuals who have lawfully practiced architecture in another

state or country for a period of more than ten years if such

individual achieves a satisfactory score on a practical

examination of a nature determined by the board.

the practice of architecture in the state where [his] the

resident's office is located may offer to perform architectural

services in the Commonwealth of Pennsylvania without first

obtaining a [certificate] license. Architectural services,

however, may not actually be performed by a nonresident

architect until a [certificate] license is obtained.

(d) An individual who is licensed to engage in the practice

of architecture in a foreign country where [his] the

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individual's office is located and in addition holds a National

Council of Architectural Registration Boards certificate may be

admitted to this Commonwealth for the purpose of offering to

perform architectural services and for that purpose only without

first obtaining a [certificate] license. Architectural services,

however, may not actually be performed by a foreign architect

until a [certificate] license is obtained.

Section [10] 503. Issuance and renewal of [certificates]

architect licenses.

(a) Upon payment of the fees required by section [11] 504,

an individual who has complied with section [8 or 9] 501 or 502

shall be entitled to a [certificate] license indicating that

[he] the individual is qualified to engage in the practice of

architecture in this Commonwealth. Each [certificate] license

shall contain the name of the individual to whom it was issued

and shall be valid for a period of two years.

(b) Every [certificate] license shall expire on the day

prescribed by rules and regulations promulgated by the board. An

architect may renew [his certificate] the architect's license

by paying the renewal fee required by section [11(c)] 504(c). If

the licensee fails to pay the renewal fee when required and

fails to notify the board of [his or her] the licensee's

intention not to practice architecture, [his certificate and his

right] the license and the right to practice architecture shall

expire. An architect who fails to renew [his certificate] the

architect's license may not engage in the practice of

architecture and may not thereafter renew [his certificate] the

license except upon payment of the renewal fee, penalty fee and

the restoration fee required by section [11(c)] 504(c).

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has been lost, destroyed or mutilated may be issued by the board

upon payment of the fee required by section [11(d)] 504(c). The

board reserves the right to require architects requesting

duplicate [certificates] licenses to furnish documentation

satisfactory to the board relative to loss, destruction or

mutilation of original [certificate] license.

(d) [Certificates] Licenses issued to architects shall not

be transferable.

(e) As a condition of biennial renewal, an architect shall

provide the board with documentation of successful completion of

a minimum of 24 hours of continuing education in the subject

areas of health, safety and welfare.

(f) A licensee of another jurisdiction where the licensee's

primary practice is located shall be deemed to have satisfied

the continuing education requirement under subsection (e) if the

licensee documents the completion of any continuing education

requirement in the jurisdiction of the licensee's primary

practice with the board.

(g) A licensee shall ensure that documentation of successful

completion of the continuing education requirement under

subsection (e) is properly signed as being correct and true.

(h) An individual who is applying for initial licensure to

engage in the practice of architecture shall be exempt from the

continuing education requirement under subsection (e) during the

initial licensure period.

(i) The board may waive all or part of the continuing

education requirement under subsection (e) for a licensee who

provides evidence satisfactory to the board that the licensee is

unable to complete the requirement due to illness, emergency,

hardship or active military service.

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(j) The board may not approve courses in office management

or practice building for the purpose specified under subsection

(e).

(k) The board may preapprove continuing education providers

and courses for the purpose specified under subsection (e).

(l) The board may promulgate regulations for the continuing

education of architects to demonstrate competence to practice

architecture for the purpose specified under subsection (e).

Section [11] 504. Payment and disposition of architect

licensing fees.

(a) All fees required under the provisions of this act shall

be fixed by the board by regulation and shall be subject to

review in accordance with the act of June 25, 1982 (P.L.633,

No.181), known as the "Regulatory Review Act." If the revenues

generated by fees, fines and civil penalties imposed in

accordance with the provisions of this act are not sufficient to

match expenditures over a two-year period, the board shall

increase those fees by regulation, subject to review in

accordance with the "Regulatory Review Act," such that projected

revenues will meet or exceed projected expenditures.

(b) If the Bureau of Professional and Occupational Affairs

determines that the fees established by the board are inadequate

to meet the minimum enforcement efforts required, then the

bureau, after consultation with the board, shall increase the

fees by regulation, subject to review in accordance with the

"Regulatory Review Act," such that adequate revenues are raised

to meet the required enforcement effort.

with the act of July 1, 1978 (P.L.700, No.124), known as the

"Bureau of Professional and Occupational Affairs Fee Act."

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Section [12] 505. Seal of architect.

(a) Every architect shall obtain a seal approved by rules

and regulations promulgated by the board and shall impress said

seal on drawings, specifications and other design documents

prepared by the individual or under the architect's personal

supervision for use in this State. An architect who impresses

[his] the architect's seal or knowingly permits it to be

impressed on drawings, specifications or other design documents

which were not prepared by [him] the architect or under [his]

the architect's personal supervision shall be guilty of a

violation of this act and shall be subject to the penalties

provided herein. Any person who impresses an architect's seal or

knowingly permits it to be impressed on drawings, specifications

or other design documents after the architect's [certificate]

license has expired, or has been revoked, annulled or suspended,

shall be guilty of a violation of this act and shall be subject

to the penalties provided herein.

(b) A stamp of design identical to the prescribed seal may

be used in lieu of a seal.

of a [certificate,] license or upon expiration of a

[certificate] license without renewal, an architect shall

surrender [his or her] the architect's seal or stamp to the

board. Upon the death of an architect, [his] the architect's

personal representative shall surrender said seal or stamp to

the board in accordance with rules and regulations promulgated

by the board. The board shall have the power to take appropriate

action, in accordance with the "Commonwealth Attorneys Act," to

enforce this subsection.

Section [13. Firm practice.] 506. Architectural firm

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registration.

(a) An individual architect or a group of architects in

Pennsylvania may practice architecture in one of the following

forms of architectural firms:

(1) sole proprietorship;

(2) partnership;

(3) professional association;

(4) professional corporation;

(5) business corporation;

(6) limited liability company; or

(7) limited liability partnership.

(b) A partnership may engage in the practice of architecture

in Pennsylvania provided it complies with the provisions of 15

Pa.C.S. Ch. 83 (relating to general partnerships) and that it

also satisfies the following requirements:

(1) At least two-thirds of the partners are licensed

under the laws of any state to practice architecture,

engineering or landscape architecture.

(2) At least one-third of the partners are licensed

under the laws of any state to practice architecture.

architecture in Pennsylvania provided it complies with the

provisions of 15 Pa.C.S. Ch. 93 (relating to professional

associations) and must also satisfy the following requirements:

(1) At least two-thirds of the members of the board of

governors are licensed under the laws of any state to

practice architecture, engineering or landscape architecture.

(2) At least one-third of the members of the board of

governors are licensed under the laws of any state to

practice architecture.

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(d) A professional corporation shall comply with the

provisions of 15 Pa.C.S. Ch. 29 (relating to professional

corporations).

(e) A business corporation may engage in the practice of

architecture in Pennsylvania, provided that it complies with the

provisions of 15 Pa.C.S. Pt. II Subpt. B (relating to business

corporations) and that it also satisfies the following

requirements:

(1) At least two-thirds of the directors are licensed

under the laws of any state to practice architecture,

engineering or landscape architecture.

(2) At least one-third of the directors are licensed

under the laws of any state to practice architecture.

(3) At least two-thirds of all classes of voting stock

issued and outstanding at any one time shall be owned by an

individual or individuals licensed under the laws of any

state to practice architecture, engineering or landscape

architecture.

(4) At least one-third of all classes of voting stock

issued and outstanding at any one time shall be owned by an

individual or individuals licensed under the laws of any

state to practice architecture.

(f) A limited liability company may engage in the practice

of architecture in this Commonwealth provided that it complies

with the provisions of 15 Pa.C.S. Ch. 89 (relating to limited

liability companies) and that it also satisfies the following

requirements:

(1) At least two-thirds of the members if managed by

members or at least two-thirds of the managers if managed by

managers are licensed under the laws of any state to practice

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architecture, engineering or landscape architecture.

(2) At least one-third of the members if managed by

members or at least one-third of the managers if managed by

managers are licensed under the laws of any state to practice

architecture.

(3) At least two-thirds of all classes of voting

membership at any one time shall be owned by an individual or

individuals licensed under the laws of any state to practice

architecture, engineering or landscape architecture.

(4) At least one-third of all classes of voting

membership at any one time shall be owned by an individual or

individuals licensed under the laws of any state to practice

architecture.

(g) A partnership which has elected to be a limited

liability partnership and to be governed by the provisions of 15

Pa.C.S. Ch. 82 (relating to registered limited liability

partnerships) may engage in the practice of architecture in this

Commonwealth provided it complies with the provisions of 15

Pa.C.S. Ch. 82 and that it also satisfies the following

requirements:

(1) At least two-thirds of the partners are licensed

under the laws of any state to practice architecture,

engineering or landscape architecture.

(2) At least one-third of the partners are licensed

under the laws of any state to practice architecture.

(h) A partnership, professional association, corporation,

limited liability company or limited liability partnership

engaged in the practice of architecture having fewer than three

partners, governors, shareholders or directors, members or

managers under this section shall have at least one partner,

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governor, shareholder or director, member or manager who is an

individual duly certified to practice architecture in the

Commonwealth pursuant to this act.

(i) Each project undertaken by a firm engaged in the

practice of architecture in the Commonwealth of Pennsylvania

must be under the personal supervision of a partner in the case

of a partnership or limited liability partnership, a member of

the board of governors in the case of a professional

association, a shareholder in the case of a professional

corporation, a director in the case of a business corporation or

member or manager in the case of limited liability company who

holds a [certificate] license to engage in the practice of

architecture in this Commonwealth pursuant to this act. The seal

of such individuals must appear on all drawings, specifications

and other design documents issued by the firm for such projects.

(j) The board shall by promulgation of rules and

regulations, require any partnership, professional association,

professional corporation, business corporation, limited

liability company or limited liability partnership practicing

architecture in this State to file with the board information

concerning its officers, directors, partners, professional

association board of governors, beneficial owners, members or

managers and such other aspects of its organization as the board

deems appropriate. In the administration of this subsection, the

board may require each partnership, professional association,

professional corporation, business corporation, limited

liability company or limited liability partnership to pay an

annual filing fee in the amount determined by the board by

promulgation of rules and regulations.

(k) No corporation, professional association, partnership,

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limited liability company or limited liability partnership may

perform any act relating to the practice of architecture which

an individual architect is prohibited from doing.

(l) Nothing in this section shall be construed to prevent

the practice of architecture by an individual as an employee of

a person, partnership or corporation which is not an

architectural firm, provided such individual holds a

[certificate] license to practice architecture in the

Commonwealth in conformity with the provisions of this act and

the architect's seal is affixed to all documents prepared by

[him or under his] the architect or under the architect's

personal supervision for use in this Commonwealth.

(m) An architectural firm authorized to practice under

subsections (a) through (i) will be allowed to offer design-

build services consistent with the provisions of section [15(9)]

508(9).

Section 9. Section 14 of the act is renumbered to read:

Section [14. Firm] 507. Architectural firm names.

An individual or group of individuals satisfying the

requirements of this act and engaged in the practice of

architecture in this Commonwealth may adopt any name which is

not prohibited by law or the ethics of the profession in which

the individual or group of individuals is engaged or by rules

and regulations promulgated by the board.

Section 10. Sections 15 and 16 of the act are amended to

read:

Section [15] 508. Permitted practices.

Nothing contained in this act shall be construed to prohibit:

(1) Persons acting under the personal supervision of an

architect from carrying out their normal duties in the

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preparation of drawings, specifications and other design and

construction documents or in administering construction

contracts or in performing construction management services.

(2) [Engineers registered under the act of May 23, 1945

(P.L.913, No.367), known as the "Professional Engineers

Registration Law," as amended,] Professional engineers

licensed under the act of May 23, 1945 (P.L.913, No.367),

known as the "Engineer, Land Surveyor and Geologist

Registration Law," from performing the services for which

they are duly licensed or from performing such services

included in the practice of architecture as may be incidental

to their engineering work.

(3) The preparation of any shop drawings or the

performance of construction management services by persons

customarily engaged in construction work.

(4) The preparation of any drawings or other design

documents for detached one-family or two-family dwellings not

more than three stories in height and their accessory

structures.

(5) The preparation of any drawings or other design

documents for any utility or farm structure when such utility

or farm structure is used in connection with a farm

residence.

(6) The preparation of any drawings or other design

documents for the remodeling or alteration of a building not

involving structural or egress changes or additions thereto[,

provided that the author of such plans or other design

documents shall not receive any compensation as the author

thereof].

(7) Officers and employees of the Government of the

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United States, while engaged within this Commonwealth, in the

practice of architecture for said government.

(8) Any person while in the regular employment of any

railroad, telephone or telegraph company engaged in

interstate commerce.

(9) Design-build services strictly in accordance with

the following practices: a design-build entity not authorized

to practice under section [13(a)] 506(a) through (i) may

offer design-build services if the architectural services in

the design-build process are provided in accordance with the

following:

(i) An architectural firm which has been authorized

to practice architecture in this Commonwealth under

section [13(a)] 506(a) through (i) shall independently

contract with a design-build entity and is responsible

for all material aspects of the practice of architecture

as defined in section [3] 103.

(ii) At the time a design-build entity offers a

written design-build proposal for a specific project, the

design-build entity shall give a written disclosure to

the client stating an architect will be engaged by and

will be contractually responsible to the design-build

entity offering design-build services and will not be

responsible to the client.

(iii) The design-build entity shall agree that the

architect will have direct supervision of the

architectural work.

(iv) The contract between the design-build entity

and the client shall set forth the name of the

architectural firm which will be contractually

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responsible to the design-build entity for providing

architectural services.

(10) An architect from offering to provide or providing

interior design services.

Section [16] 509. Existing architect licenses.

Nothing in this act shall be construed to terminate any

rights of individual architects licensed and engaged in the

practice of architecture at the time of the passage of this act.

Any architect so licensed shall be allowed to continue his

licensure and to practice architecture in a manner consistent

with the provisions of this act.

Section 11. Section 17 of the act is renumbered to read:

Section [17] 510. Existing rules and regulations.

Each rule and regulation of the board in effect on the date

of the passage of this act shall remain in effect after such

date until repealed or amended by the board, unless such rule or

regulation is inconsistent with any provision of this act.

Section 12. Section 18 of the act is amended to read:

Section [18] 511. Unauthorized practice of architecture

prohibited.

(a) Except as provided in section [9(c)] 502(c) and (d), no

individual shall engage in the practice, or offer to engage in

the practice of architecture in this State, or use the title of

architect or use any sign, card or device implying that such

individual is an architect, or is competent to engage in the

practice of architecture, unless such individual holds a

currently valid [certificate] license issued pursuant to this

act.

(b) Except as provided in section [9(c)] 502(c) and (d), no

partnership, professional association, corporation, limited

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liability company or limited liability partnership shall engage

in the practice or offer to engage in the practice of

architecture in this Commonwealth, or use any title, sign, card

or device implying that such partnership, professional

association, corporation, limited liability company or limited

partnership is competent to engage in the practice of

architecture, unless such partnership, professional association,

corporation, limited liability company or limited liability

partnership complies with section [13] 506.

Section 13. The act is amended by adding a chapter to read:

CHAPTER 7

CERTIFICATION OF INTERIOR DESIGNERS

Section 701. Examination and qualification of certified

interior designer applicants.

(a) Application.--Any individual of good character may apply

for a certificate under this act to engage in the provision of

interior design services as a certified interior designer. In

assessing the character of an applicant with a criminal

conviction, the board shall conduct an individualized assessment

in accordance with 63 Pa.C.S. § 3113 (relating to consideration

of criminal convictions).

(b) Eligibility.--An applicant for a certificate under this

section shall submit evidence satisfactory to the board that the

applicant has met the eligibility requirements to take a

national certification exam approved by the board, including all

of the following:

(1) A professional degree in interior design or

architecture from an accredited school.

(2) At least two years of practical experience under the

direct supervision of a nationally certified interior

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designer or architect.

adopt the examination and recommended grading procedures adopted

by the Council for Interior Design Qualification on the

effective date of this subsection.

(d) Interviews.--The board may require an applicant under

this section and section 702 to appear for a personal interview.

Section 702. Reciprocal certification of interior designers.

(a) Reciprocity.--The board may issue a certificate to

provide interior design services as a certified interior

designer in this Commonwealth, without examination, to any

individual who is licensed, registered or certified as an

interior designer in another state or country where the

qualifications required are equivalent to those required in this

Commonwealth. The possession of a certificate from the Council

for Interior Design Qualification shall be prima facie evidence

that the individual meets the qualifications required in this

Commonwealth.

(b) Examination.--The board may issue a certificate to

provide interior design services as a certified interior

designer to an individual who has lawfully provided interior

design services as an interior designer licensed, registered or

certified in another state or country for a period of more than

10 years if the individual achieves a satisfactory score on a

practical examination of a nature determined by the board.

licensed, registered or certified as an interior designer in

another jurisdiction may offer and provide interior design

services in this Commonwealth without first obtaining a

certificate.

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(d) Architects.--The board shall issue a certificate to

provide interior design services, without examination or

additional fees, to an architect who applies and demonstrates

competency in the field of interior design in this Commonwealth

as determined by the board.

Section 703. Issuance and renewal of certificates of interior

designers.

(a) Issuance.--Upon payment of the same fee for a

certification required by the board, an individual who has

complied with section 701 or 702 shall be entitled to a

certificate indicating that the individual is certified under

this act to provide interior design services as a certified

interior designer in this Commonwealth. Each certificate shall

contain the name of the individual to whom it was issued and the

individual's certification number and shall be valid for a

period of two years.

(b) Renewal.-- Every certificate shall expire on the day

prescribed by rules and regulations promulgated by the board. A

certified interior designer may renew a certificate by paying

the renewal fee for a certificate required by the board. If the

certificate holder fails to pay the renewal fee when required

and fails to notify the board of the certificate holder's

intention not to provide interior design services, the

certificate and the right to provide interior design services as

a certified interior designer shall expire. Except as otherwise

provided in this chapter, a certified interior designer who

fails to renew a certificate may not engage in the provision of

interior design services as a certified interior designer except

upon payment of the renewal fee, penalty fee and restoration fee

for a certificate required by the board.

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which has been lost, destroyed or mutilated may be issued by the

board upon payment of the renewal fee, penalty fee and the

restoration fee for a certificate required by the board.

(d) Nontransferable.--Certificates issued to certified

interior designers shall not be transferable.

(e) Continuing education.--As a condition of biennial

renewal, a certified interior designer shall provide the board

with documentation of successful completion of a minimum of 24

hours of continuing education, half of which shall be in the

subject areas of health, safety and welfare.

(f) Signature requirement.--A certified interior designer

shall ensure that documentation of successful completion of the

continuing education requirement under subsection (e) is

properly signed as being correct and true.

(g) Exemption.--An individual who is applying for initial

certification to provide interior design services shall be

exempt from the continuing education requirement under

subsection (e) during the biennial certification period in which

the individual obtained the initial certification.

(h) Waivers.--The board may waive all or part of the

continuing education requirement under subsection (e) for a

certified interior designer who provides evidence satisfactory

to the board that the certificate holder is unable to complete

the requirement due to illness, emergency, hardship or active

military service.

(i) Prohibition.--The board may not approve courses in

office management or practice building for the purpose specified

under subsection (e).

(j) Preapproval.--The board may preapprove continuing

20240SB1319PN1879 - 28 -

education providers and courses for the purpose specified under

subsection (e).

(k) Regulations.--The board may promulgate regulations for

the continuing education of certified interior designers to

demonstrate competence in interior design services for the

purpose specified under subsection (e).

Section 704. Document requirements for certified interior

designers.

A certified interior designer shall ensure that all interior

design documents, including drawings, schedules and

specifications prepared by the certified interior designer, bear

the signature and certificate number of the certified interior

designer and the date when each document was signed by the

certified interior designer on each document's title block. If

an architect personally supervises the preparation of an

interior design document, the certificate number of the

certified interior designer shall not be required under this

section.

Section 14. The act is amended by adding a chapter heading

to read:

CHAPTER 9

PENALTIES

Section 15. Sections 19, 20 and 21 of the act are amended to

read:

Section [19] 901. Disciplinary proceedings.

(a) The board may refuse to issue a license or certificate

to an applicant or may refuse, revoke or suspend a license of an

architect or a certificate of an interior designer, censure an

architect or certified interior designer, issue a letter of

reprimand, restrict a licensee or certificate holder and attach

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certain conditions to a license or certificate for any of the

following acts:

(1) Bribery, fraud, misstatement or misrepresentation of

fact by an applicant in connection with this application for

a license or certificate.

(2) Engaging in the practice of architecture or

providing interior design services as a certified interior

designer in this Commonwealth in violation of any provisions

of this act or the rules and regulations promulgated

thereunder.

(3) Having a license to practice architecture or a

certificate to provide interior design services as a

certified interior designer revoked or suspended or having

other disciplinary action taken by the proper licensing or

certificating authority of another state, territory or

country.

(4) Engaging in the practice of architecture or

providing interior design services as a certified interior

designer in this Commonwealth in violation of the standards

of professional conduct established by rules and regulations

promulgated by the board.

(5) Aiding or abetting any individual, partnership,

association or corporation to engage in the practice of

architecture or providing interior design services as a

certified interior designer in violation of any provisions of

this act.

(6) Bribery, fraud, deceit, recklessness, gross

negligence or incompetence in the practice of architecture or

in the provision of interior design services as a certified

interior designer.

20240SB1319PN1879 - 30 -

(7) Use of an architect's seal in violation of section

[12] 505 or the use of a certified interior designer's number

is violation of section 704.

(8) Conviction of a felony or a crime involving moral

turpitude. Conviction shall include a finding or verdict of

guilt, an admission of guilt or a plea of nolo contendere.

(b) A plea of nolo contendere shall be deemed to be a

conviction for purposes of this section.

reinstate the [certificate] license of a person to practice as

an architect or the certificate of a person to provide interior

design services as a certified interior designer which has been

revoked and such person shall be required to apply for a license

or certificate after a period of five years in accordance with

section [8 if he] 501 or 701 if the person desires to practice

at any time after such revocation.

Section [20] 902. Penalties.

(a) Any person who engages or who offers to engage in the

practice of architecture or provides interior design services as

a certified interior designer without holding a currently valid

license or certificate as required by this act, or any person

who violates any of the provisions of this act shall, for a

first offense, be guilty of a summary offense and upon

conviction thereof shall be sentenced to pay a fine not

exceeding $500 or suffer imprisonment not exceeding 90 days, or

both, and for a second or subsequent offense shall be guilty of

a misdemeanor and upon conviction thereof shall be sentenced to

pay a fine of not less than $2,000 but not more than $5,000, or

to suffer imprisonment of not less than one year, but not more

than two years, or both.

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(b) In addition to any other penalties imposed pursuant to

this act, any person who engages in the practice or offers to

engage in the practice of architecture or provides interior

design services as a certified interior designer without holding

a currently valid license or certificate as required by this act

or without complying with the requirements of section [13] 506

as an architect shall return any fees collected in connection

with the practice or offering to practice architecture or the

provision of interior design services as a certified interior

designer.

certificate or to refuse, revoke or suspend a license or

certificate or censure an architect or certified interior

designer or issue a letter of reprimand or restrict a licensee

or certificate holder or attach conditions to a license or

certificate under this act shall be in addition to the penalties

set forth in this section.

(d) In addition to any other civil remedy or criminal

penalty provided for in this act, the board, by a vote of the

majority of the maximum number of the authorized membership of

the board as provided by law, or by a vote of the majority of

the duly qualified and confirmed membership or a minimum of four

members, whichever is greater, may levy a civil penalty of up to

$1,000 on any current licensee or certificate holder who

violates any provision of this act or on any person who

practices the profession of an architect without being properly

licensed or provides interior design services as a certified

interior designer without being properly certified to do so

under this act. The board shall levy this penalty only after

affording the accused party the opportunity for a hearing, as

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provided in Title 2 of the Pennsylvania Consolidated Statutes

(relating to administrative law and procedure).

(e) All fines and civil penalties imposed in accordance with

this section shall be paid into the Professional Licensure

Augmentation Account.

Section [21] 903. Complaint procedure and hearings.

(a) Any person may prefer charges against a person licensed

or holding a certificate under the provisions of this act by

submitting a written statement of charges, sworn to by the

complainant, to the board. In addition, the board may, on its

own motion, investigate the conduct of an applicant [or a],

licensee or certificate holder, and shall, in appropriate cases,

file a written statement of charges. The applicant [or],

architect or certified interior designer charged shall be

entitled to be represented by counsel. Hearings shall be

conducted in accordance with the provisions for hearings of

contested cases as prescribed by the applicable laws and

regulations relating to administrative hearings.

(b) The hearings may be held by the board or any member

thereof, or by any of its duly authorized hearing examiners or

by any other person duly authorized by the board for such

purpose in any particular case. The time and place of such

hearing shall be fixed by the board or its duly authorized

hearing examiner. Any member of the board or hearing examiner

authorized to conduct the hearing may administer oaths and

conduct investigations.

hearing, such person following the completion of the testimony

in the hearing before him shall, with reasonable dispatch, file

a report with the board setting forth his findings of fact and

20240SB1319PN1879 - 33 -

recommendation. Upon review of the record, the board by majority

vote, may adopt the findings in the report or may, with or

without additional testimony, either return the matter to the

representative for such further consideration as the board deems

necessary or make additional or other findings of fact on the

basis of all the legally probative evidence in the record and

enter its conclusions of law and order in accordance with the

requirements for the issuance of an adjudication under Title 2

of the Pennsylvania Consolidated Statutes (relating to

administrative law and procedure).

(d) The board may, in its discretion, issue a license or

certificate to any applicant denied licensure or certification

under section [19(a)] 901(a) upon presentation of suitable

evidence of reform.

Section 16. The act is amended by adding a chapter heading

to read:

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 17. The act is amended by adding a section to read:

Section 1101. Regulations .

The board may promulgate regulations necessary to implement

this act.

Section 17. Sections 22, 23 and 24 of the act are renumbered

to read:

Section [22] 1102. Severability.

The provisions of this act are severable and if any section

shall be declared invalid or void for any reason, the remainder

of the act shall not be affected or impaired.

Section [23] 1103. Repeals.

(a) The following acts and parts of acts are repealed

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absolutely:

Act of July 12, 1919 (P.L.933, No.369), entitled "An act to

regulate the practice of architecture in the Commonwealth of

Pennsylvania by providing for the examination and registration

of architects by a State Board of Examiners; defining the power

and duties of said board of examiners; and providing penalties

for the violation of this act."

Section 422, act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929."

(b) All acts or parts of acts inconsistent herewith are

hereby repealed.

Section [24] 1104. Effective date.

This act shall take effect immediately.

Section 18. This act shall take effect in 60 days.

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