As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 225


Senator Schaffer 

Cosponsors: Senators Faber, Schuler 



A BILL
To amend sections 125.22, 4703.01 to 4703.15, 1
4703.151, 4703.16, 4703.18, 4703.181, 4703.19, 2
4703.331, 4703.37, 4703.50, 4703.51, and 4703.52 3
of the Revised Code to make changes to the 4
Architects Law.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 125.22, 4703.01, 4703.02, 4703.03, 6
4703.04, 4703.05, 4703.06, 4703.07, 4703.08, 4703.09, 4703.10, 7
4703.11, 4703.12, 4703.13, 4703.14, 4703.15, 4703.151, 4703.16, 8
4703.18, 4703.181, 4703.19, 4703.331, 4703.37, 4703.50, 4703.51, 9
and 4703.52 of the Revised Code be amended to read as follows:10

       Sec. 125.22.  (A) The department of administrative services11
shall establish the central service agency to perform routine12
support for the following boards and commissions:13

       (1) State board of examiners of architectsArchitects board;14

       (2) Barber board;15

       (3) State chiropractic board;16

       (4) State board of cosmetology;17

       (5) Accountancy board;18

       (6) State dental board;19

       (7) State board of optometry;20

       (8) Ohio occupational therapy, physical therapy, and athletic 21
trainers board;22

       (9) State board of registration for professional engineers23
and surveyors;24

       (10) State board of sanitarian registration;25

       (11) Board of embalmers and funeral directors;26

       (12) State board of psychology;27

       (13) Ohio optical dispensers board;28

       (14) Board of speech pathology and audiology;29

       (15) Counselor, social worker, and marriage and family30
therapist board;31

       (16) State veterinary medical licensing board;32

       (17) Ohio board of dietetics;33

       (18) Commission on Hispanic-Latino affairs;34

       (19) Ohio respiratory care board;35

       (20) Ohio commission on African-American males;36

       (21) Chemical dependency professionals board.37

       (B)(1) Notwithstanding any other section of the Revised Code, 38
the agency shall perform the following routine support services 39
for the boards and commissions named in division (A) of this 40
section unless the controlling board exempts a board or commission 41
from this requirement on the recommendation of the director of 42
administrative services:43

       (a) Preparing and processing payroll and other personnel44
documents;45

       (b) Preparing and processing vouchers, purchase orders,46
encumbrances, and other accounting documents;47

       (c) Maintaining ledgers of accounts and balances;48

       (d) Preparing and monitoring budgets and allotment plans in49
consultation with the boards and commissions;50

       (e) Other routine support services that the director of51
administrative services considers appropriate to achieve52
efficiency.53

       (2) The agency may perform other services which a board or54
commission named in division (A) of this section delegates to the55
agency and the agency accepts.56

       (3) The agency may perform any service for any professional57
or occupational licensing board not named in division (A) of this58
section or any commission if the board or commission requests such59
service and the agency accepts.60

       (C) The director of administrative services shall be the61
appointing authority for the agency.62

       (D) The agency shall determine the fees to be charged to the63
boards and commissions, which shall be in proportion to the64
services performed for each board or commission.65

       (E) Each board or commission named in division (A) of this66
section and any other board or commission requesting services from67
the agency shall pay these fees to the agency from the general68
revenue fund maintenance account of the board or commission or69
from such other fund as the operating expenses of the board or70
commission are paid. Any amounts set aside for a fiscal year by a71
board or commission to allow for the payment of fees shall be used72
only for the services performed by the agency in that fiscal year.73
All receipts collected by the agency shall be deposited in the74
state treasury to the credit of the central service agency fund,75
which is hereby created. All expenses incurred by the agency in76
performing services for the boards or commissions shall be paid77
from the fund.78

       (F) Nothing in this section shall be construed as a grant of79
authority for the central service agency to initiate or deny80
personnel or fiscal actions for the boards and commissions.81

       Sec. 4703.01.  The governor shall appoint a state board of82
examiners of architects board, which board shall be composed of 83
five architects who have been in active practice in the state for 84
not less than ten years previous to their appointment.85

       At the expiration of the term of office of each of the86
members the governor shall, with the advice and consent of the87
senate appoint a successor. Terms of office shall be for five88
years, commencing on the third day of October and ending on the89
second day of October. Each member shall hold office from the date 90
of his appointment until the end of the term for which he was91
appointed. The governor may, upon bona fide complaint and for good 92
cause shown, after ten days' notice to the member against whom 93
charges may be filed, and after opportunity for hearing, remove 94
any member of said board for inefficiency, neglect of duty, or 95
malfeasance in office. Any member appointed to fill a vacancy 96
occurring prior to the expiration of the term for which histhe 97
member's predecessor was appointed shall hold office for the98
remainder of such term. Any member shall continue in office99
subsequent to the expiration date of histhe member's term until100
histhe member's successor takes office, or until a period of 101
sixty days has elapsed, whichever occurs first.102

       The members of said board shall, before entering upon the103
discharge of their duties, subscribe to and file with the104
secretary of state the constitutional oath of office.105

       Sec. 4703.02.  The state board of examiners of architects106
board shall organize by electing from its membership a president 107
and a secretary, and also a vice-president and an assistant 108
secretary, who shall act during absence or disability of the 109
president or secretary respectively.110

       The board shall adopt all necessary rules, regulations, and111
bylaws, not inconsistent with sections 4703.01 to 4703.19 of the112
Revised Code and the constitutions and laws of this state or of113
the United States, to govern its times and places of meeting for114
organization and reorganization, for the holding of examinations,115
and for fixing the length of the term of its officers. The board, 116
under Chapter 119. of the Revised Code, may adopt, promulgate, and 117
enforce rules governing the standards of education, service, 118
conduct, and practice to be followed in the practice of the 119
profession of architecture in the state, including rules for the 120
enforcement of sections 4703.01 to 4703.19 of the Revised Code. 121
The board shall include among the rules adopted governing the 122
standards of practice, requirements regarding financial123
responsibility and professional liability insurance. The board may 124
adopt rules pertaining to the satisfactory completion of 125
continuing education requirements.126

       If the board adopts rules pertaining to continuing education 127
requirements, the board shall specify in the rules that the 128
continuing education requirements may be satisfied by coursework 129
or activities dealing with technical, ethical, or managerial 130
topics relevant to the practice of architecture and that a 131
registrant may earn continuing professional education hours by 132
completing or teaching university or college level coursework; 133
attending seminars, workshops, or conferences; authoring relevant 134
published papers, articles, or books; receiving patent awards; 135
actively participating in professional or technical societies 136
serving the architecture profession, or actively participating in 137
any other activity deemed relevant by the board. If the board 138
adopts rules pertaining to continuing education requirements, the 139
board shall, in general, follow model continuing education 140
recommendations established by the national council of 141
architectural registration boards or a similar successor 142
organization.143

       The board shall hold examinations not less than once144
annually, shall issue to each successful examination applicant a145
certificate of qualification to practice architecture, and shall146
impress on each certificate issued the seal of the board.147

       The secretary of the board shall be responsible for keeping a 148
true and complete record of all proceedings of the board. The149
board may employ an executive secretary, investigators, and 150
clerical assistance it determines necessary.151

       Sec. 4703.03.  (A) The state board of examiners of architects 152
board shall enforce sections 4703.01 to 4703.19 of the Revised 153
Code, may subpoena witnesses and records in connection with its 154
investigations, and may incur such expenses as are necessary.155

       (B) Each member of the board shall be entitled to receive, as 156
a part of the expense of the board, an amount fixed pursuant to 157
division (J) of section 124.15 of the Revised Code while actually 158
engaged in attendance at meetings, in conducting examinations, or 159
in the performance of hisofficial duties.160

       (C) The members shall receive also, as a part of the expense 161
of the board, the amount of actual traveling, hotel, and other 162
necessary expenses incurred in the performance of their duties.163

       (D) The secretary, executive secretary, and clerical164
assistants of the board shall give bond to the state in such sum165
as the board determines, but not less than three thousand dollars, 166
conditioned upon the faithful discharge of their duties. Premiums 167
for such bonds shall be paid by the board. Such bonds with 168
approval of the board endorsed on them shall be deposited with the 169
secretary of state and kept in histhe secretary of state's170
office.171

       Sec. 4703.04. (A) The state board of examiners of architects 172
board shall file with the governor, after the close of each fiscal 173
year a full report of its operations as of the thirtieth day of 174
June of said year, together with a statement of receipts and 175
expenditures.176

       (B) A roster, showing the name, registration number, and 177
address of all architects registered and in good standing as of 178
the first day of April of each even-numbered year under sections 179
4703.01 to 4703.19 of the Revised Code, shall be prepared by the 180
board in each even-numbered year.181

       Sec. 4703.05.  Three members of the state board of examiners 182
of architects board shall constitute a quorum, but no action at 183
any meeting shall be taken without at least three votes in accord; 184
and the regular and special meetings of the board shall be called 185
and held in the manner and at the times and places prescribed in 186
its rules.187

       Sec. 4703.06. (A) Any person shall, before engaging in the 188
practice of architecture or before being styled or known as an 189
architect, secure from the state board of examiners of architects 190
board a certificate of histhe person's qualifications to practice 191
under the title of "architect," and be registered with the board.192

       Any person holding such certificate and being registered 193
pursuant to sections 4703.01 to 4703.19 of the Revised Code may be 194
styled or known as an architect or as a registered architect.195

       No other person shall assume such title or use any 196
abbreviation, or any words, letters, or figures, to indicate or 197
imply that hethe person is an architect or registered architect, 198
except persons authorized by the board to use the title intern 199
architect, architectural intern, or emeritus architect as 200
described in division (B) of this section.201

       (B) The board may authorize by rule any person to use the 202
title intern architect, architectural intern, or emeritus 203
architect. The board may adopt any rules the board deems necessary 204
pertaining to intern architects, architectural interns, and 205
emeritus architects, including, but not limited to, rules 206
pertaining to registration and renewal fees.207

       Sec. 4703.07.  Unless certified and registered pursuant to 208
rules adopted under section 4703.08 of the Revised Code, an 209
applicant for a certificate of qualification to practice 210
architecture shall:211

       (A) Be at least eighteen years of age;212

       (B) Be of good moral character;213

       (C) Submit satisfactory evidence of having obtained a214
professional degree in architecture from a school having a program 215
accredited by the national accrediting board recognized by the 216
state board of examiners of architects board or other equivalent217
architectural education as is recognized by the state board of218
examiners of architects board;219

       (D) Complete the requirements for training under an220
internship program established or adopted by the state board of221
examiners of architects board, including, but not limited to, 222
design and construction documents, construction administration and 223
office management, or equivalent experience acceptable to the 224
board;225

       (E) Pass an examination as prescribed by the board.226

       Sec. 4703.08.  The state board of examiners of architects 227
board shall adopt rules to certify and register an applicant for a 228
certificate of qualification to practice architecture who provides 229
satisfactory evidence that the applicant meets all of the 230
following requirements:231

       (A) Is ais licensed or registered as an architect in another 232
state or jurisdiction where the qualifications required for 233
licensure or registration were equal, in the opinion of the board, 234
to those required in sections 4703.01 to 4703.19 of the Revised 235
Code, at the time of the applicant's original licensure or 236
registration in that state or jurisdiction;237

       (B) Holds, holds a current recordcertificate in good 238
standing issued by the national council of architectural 239
registration boards;240

       (C) Is a licensed or registered architect in another state or241
jurisdiction that extends reciprocity similar to that offered 242
under this section, to architects who are, and wishes to be243
registered in this state.244

       Sec. 4703.09.  All examinations held under sections 4703.01 245
to 4703.19 of the Revised Code, shall be conducted by the state 246
board of examiners of architects board or its authorized 247
representatives at such times and places as may be determined by 248
the regulations established by the board, but not less than one 249
examination for certificate of qualification to practice 250
architecture shall be held in each year.251

       Sec. 4703.10.  If the applicant passes the examination under 252
section 4703.09 of the Revised Code or in lieu of the examination 253
meetsis, in the opinion of the state board of examiners of254
architects board, the requirements ofeligible to register as an 255
architect pursuant to rules adopted under section 4703.08 of the 256
Revised Code, and in addition has proven self to be of good moral257
character, the applicant is eligible to receive from the state258
board of examiners of architects a certificate of qualification to 259
practice architecture. The certificate shall be signed by the 260
president and secretary of the board and shall bear the name of 261
the successful applicant, the successful applicant's place of 262
business, the serial number of the certificate, the seal of the 263
board, and the words, "admitted to practice architecture in the 264
state of Ohio, the ..... day of ......., ...."265

       If the applicant fails the examination under section 4703.09 266
of the Revised Code, the board may refuse to issue a certificate 267
of qualification to practice architecture.268

       Sec. 4703.11.  The state board of examiners of architects 269
board shall keep an official register of all said certificates of 270
qualification to practice architecture issued and of the renewals 271
of the same as provided in sections 4703.01 to 4703.19, inclusive,272
of the Revised Code, which register shall be properly indexed and 273
shall be open for public inspection and information.274

       Sec. 4703.12.  (A) Each original certificate of qualification 275
to practice architecture issued and registered shall authorize the 276
holder to practice architecture as a registered architect 277
throughout this state from the date of issuance until the last day 278
of December of the odd-numbered year next succeeding the date upon 279
which the certificate was issued, unless the certificate has been 280
revoked or suspended for cause as provided in section 4703.15 of 281
the Revised Code. Every holder of such certificate or its renewal 282
shall secure a seal of the design prescribed by the rules of the 283
state board of examiners of architects board. All working drawings 284
and specifications prepared by or under the supervision of the 285
holder shall be imprinted with this seal. No person shall seal any 286
document unless the person is the holder of a certificate287
currently in good standing.288

       (B) Each certificate of authorization issued under division289
(L) of section 4703.18 of the Revised Code shall authorize the290
holder to provide architectural services, through the architect291
designated as being in responsible charge of the architectural292
practice, from the date of issuance until the last day of June293
next succeeding the date upon which the certificate was issued,294
unless the certificate has been revoked or suspended for cause as295
provided in section 4703.15 of the Revised Code or has been296
suspended pursuant to section 3123.47 of the Revised Code.297

       Sec. 4703.13.  (A) Each architect who holds a certificate of298
qualification to practice architecture under sections 4703.01 to 299
4703.19 of the Revised Code and who desires to continue the 300
practice of architecture shall, before or during the month of 301
December of each odd-numbered year, make application, together 302
with the renewal fee provided in section 4703.16 of the Revised 303
Code, for a renewal of the certificate, and demonstrate 304
satisfactory completion of any applicable continuing education 305
requirements adopted by the state board of examiners of architects 306
board under section 4703.02 of the Revised Code. The renewal shall 307
be pursuant to the standard renewal procedure of sections 4745.01 308
to 4745.03 of the Revised Code, except that renewal is required in 309
each odd-numbered year instead of annually. Each certificate shall 310
be renewed for a term of two years, and the renewal shall be 311
recorded in the official register of the board.312

       (B) Each holder of a certificate of authorization to provide 313
architectural services shall, before or during the month of each 314
June preceding the year the holder desires to continue to provide 315
architectural services, make application, together with the 316
renewal fee provided in section 4703.16 of the Revised Code, for a 317
renewal of the certificate. Each certificate shall be renewed for 318
a term of one year except as provided in section 4703.12 of the 319
Revised Code.320

       Sec. 4703.14.  Any holder of a certificate of qualification 321
to practice architecture that has expired through failure to be 322
renewed as provided in section 4703.13 of the Revised Code may 323
obtain a renewal of such certificate, at any time within one year324
from the date of its expiration, upon application to and with the 325
approval of the state board of examiners of architects board. The 326
time for renewal of such expired certificate may be extended at 327
the discretion of the board. A certificate that has lapsed for a 328
period of more than one year may be restored at the discretion of 329
the board upon payment of the required fee.330

       Sec. 4703.15. (A) The state board of examiners of architects331
board may by three concurring votes deny renewal of, revoke, or 332
suspend any certificate of qualification to practice architecture, 333
issued or renewed under sections 4703.10, 4703.13, and 4703.14 of 334
the Revised Code, or any certificate of authorization, issued or335
renewed under sections 4703.13 and 4703.18 of the Revised Code, if 336
proof satisfactory to the board is presented in any of the337
following cases:338

       (1) In case it is shown that the certificate was obtained by 339
fraud;340

       (2) In case the holder of the certificate has been found341
guilty by the board or by a court of justice of any fraud or342
deceit in the holder's professional practice, or has been343
convicted of a felony by a court of justice;344

       (3) In case the holder has been found guilty by the board of 345
gross negligence, incompetency, or misconduct in the performance 346
of the holder's services as an architect or in the practice of347
architecture;348

       (4) In case the holder of the certificate has been found349
guilty by the board of signing plans for the construction of a350
building as a "registered architect" where the holder is not the 351
actual architect of such building and where the holder is without352
prior written consent of the architect originating the design or 353
other documents used in the plans;354

       (5) In case the holder of the certificate has been found355
guilty by the board of aiding and abetting another person or356
persons not properly registered as required by sections 4703.01 to 357
4703.19 of the Revised Code, in the performance of activities that 358
in any manner or extent constitute the practice of architecture.359

       At any time after the expiration of six months from the date 360
of the revocation or suspension of a certificate, the individual, 361
firm, partnership, association, or corporation may apply for 362
reinstatement of the certificate. Upon showing that all loss 363
caused by the individual, firm, partnership, association, or 364
corporation whose certificate has been revoked or suspended has 365
been fully satisfied and that all conditions imposed by the 366
revocation or suspension decision have been complied with, and 367
upon the payment of all costs incurred by the board as a result of 368
the case at issue, the board, at its discretion and upon evidence 369
that in its opinion would so warrant, may restore the certificate.370

       (B) In addition to disciplinary action the board may take 371
against a certificate holder under division (A) of this section or 372
section 4703.151 of the Revised Code, the board may impose a fine 373
against a certificate holder who obtained a certificate by fraud 374
or who is found guilty of any act specified in divisions (A)(2) to 375
(A)(5) of this section or who violates any rule governing the 376
standards of service, conduct, and practice adopted pursuant to 377
section 4703.02 of the Revised Code. The fine imposed shall be not 378
more than one thousand dollars for each offense but shall not 379
exceed five thousand dollars regardless of the number of offenses 380
the certificate holder has committed between the time the fine is 381
imposed and the time any previous fine was imposed.382

       Sec. 4703.151.  The state board of examiners of architects 383
board may revoke or suspend licenses or reprimand licensees, and 384
may revoke or suspend the certificate of authorization provided 385
for in division (L) of section 4703.18 of the Revised Code, in 386
accordance with the seriousness of the charge, for violation of 387
rules governing the standards of service, conduct, and practice to 388
be followed in the practice of the profession of architecture in 389
the state, as adopted by the board pursuant to Chapter 4703. of 390
the Revised Code.391

       Sec. 4703.16.  (A) The state board of examiners of architects 392
board shall establish the application fee for obtaining393
registration under section 4703.07 and the fee for obtaining394
registration underpursuant to section 4703.08 of the Revised 395
Code.396

       (B) The fee to restore a certificate of qualification to 397
practice architecture is the renewal fee for the current 398
certification period, plus the renewal fee for each two-year 399
period in which the certificate was not renewed, plus a penalty of 400
ten per cent of the total renewal feesthe board establishes for 401
each two-year period or part thereof in which the certificate was 402
not renewed, provided that the maximum fee shall not exceed the 403
amount established by the board.404

       (C) The board also shall establish the following fees:405

       (1) The fee for an original and duplicate certificate of406
qualification to practice architecture and the biennial renewal of407
the certificate;408

       (2) The fee for a duplicate renewal card;409

       (3) The fee to restore a certificate of qualification to 410
practice architecture or certificate of authorization revoked 411
under section 4703.15 of the Revised Code or suspended under 412
section 3123.47 of the Revised Code;413

       (4) The fee for an original and duplicate certificate of414
authorization issued under division (L) of section 4703.18 of the415
Revised Code and the annual renewal of the certificate;416

       (5) The fee to cover costs for checks or other instruments 417
returned to the board by financial institutions due to 418
insufficient funds.419

       Sec. 4703.18.  (A) No person shall enter upon the practice of 420
architecture or hold forth as an architect or registered 421
architect, unless the person has complied with sections 4703.01 to 422
4703.19 of the Revised Code and is the holder of a certificate of 423
qualification to practice architecture issued or renewed and 424
registered under those sections.425

       (B) Sections 4703.01 to 4703.19 of the Revised Code do not426
prevent persons other than architects from filing applications for427
building permits or obtaining those permits.428

       (C) Sections 4703.01 to 4703.19 of the Revised Code do not429
prevent persons other than architects from preparing plans,430
drawings, specifications, or data, filing applications for431
building permits, or obtaining those permits for residential432
buildings, as defined by section 3781.06 of the Revised Code, or433
buildings erected as industrialized one-, two-, or three-family 434
units or structures within the meaning of the term "industrialized 435
unit" as provided in section 3781.06 of the Revised Code.436

       (D) Sections 4703.01 to 4703.19 of the Revised Code do not437
prevent persons other than architects from preparing drawings or438
data, from filing applications for building permits, or from439
obtaining those permits for the installation of replacement440
equipment or systems that are similar in type or capacity to the441
equipment or systems being replaced, and for any improvement,442
alteration, repair, painting, decorating, or other modification of443
any buildings or structures subject to sections 3781.06 to 3781.18444
and 3791.04 of the Revised Code where the building official445
determines that no plans or specifications are required for446
approval.447

       (E) Sections 4703.01 to 4703.19 of the Revised Code do not448
exclude a registered professional engineer from architectural449
practice that may be incident to the practice of engineering or450
exclude a registered architect from engineering practice that may451
be incident to the practice of architecture.452

       (F) Sections 4703.01 to 4703.19 of the Revised Code do not453
prevent a firm, partnership, association, limited liability454
company, or corporation of architects registered under those455
sections from providing architectural services and do not prevent456
an individual registered as a landscape architect under sections457
4703.30 to 4703.49 of the Revised Code or as a professional458
engineer under Chapter 4733. of the Revised Code from being a 459
member or trustee of a firm, partnership, association, limited460
liability company, or corporation of that type, but a member or 461
trustee of that type shall not engage in the practice of 462
architecture or hold forth as an architect contrary to sections463
4703.01 to 4703.19 of the Revised Code and shall not practice a464
profession in which the person is not licensed.465

       (G) A firm, partnership, association, limited liability466
company, or corporation may provide architectural services in this467
state as long as the services are provided only through natural468
persons registered to provide those services in this state,469
subject to the exemptions in section 4703.17 of the Revised Code470
and subject otherwise to the requirements of sections 4703.01 to471
4703.19 of the Revised Code.472

       (H) No firm, partnership, association, limited liability473
company, or corporation, except a corporation that was granted a474
charter prior to August 7, 1943, to engage in providing475
architectural services or that was otherwise lawfully providing476
architectural services prior to November 15, 1982, shall provide477
architectural services, hold itself out to the public as providing478
architectural services, or use a name including the word479
"architect" or any modification or derivation of the word, unless480
the firm, partnership, association, limited liability company, or481
corporation files all information required to be filed under this482
section with the state board of examiners of architects board and483
otherwise complies with all requirements of sections 4703.01 to484
4703.19 of the Revised Code. A nonprofit membership corporation485
may use a name including the word "architect" or any modification486
or derivation of the word without complying with this section.487

       (I) A corporation may be organized under Chapter 1701. of the 488
Revised Code, a professional association may be organized under 489
Chapter 1785. of the Revised Code, or a limited liability company 490
may be formed under Chapter 1705. of the Revised Code for the 491
purpose of providing professional engineering, surveying,492
architectural, or landscape architectural services, or any493
combination of those services. A corporation organized under494
Chapter 1701. of the Revised Code for the purpose of providing495
those services also may be organized for any other purpose in496
accordance with that chapter.497

       (J) No firm, partnership, association, limited liability498
company, or corporation shall provide or offer to provide499
architectural services in this state unless more than fifty per500
cent of the partners, members, or shareholders, more than fifty501
per cent of the directors in the case of a corporation or502
professional association, and more than fifty per cent of the503
managers in the case of a limited liability company the management504
of which is not reserved to its members, and more than fifty per 505
cent of the trustees in the case of an employee stock ownership 506
plan, are professional engineers, surveyors, architects, or 507
landscape architects or a combination of those professions, who 508
are registered in this or any other state and who own more than 509
fifty per cent of the interests in the firm, partnership, 510
association, limited liability company, or corporation; unless the 511
requirements of this division and of section 1785.02 of the 512
Revised Code are satisfied with respect to any professional 513
association organized under Chapter 1785. of the Revised Code; or 514
unless the requirements of this division and of Chapter 1705. of 515
the Revised Code are satisfied with respect to a limited liability 516
company formed under that chapter.517

       (K) Each firm, partnership, association, limited liability518
company, or corporation through which architectural services are519
offered or provided in this state shall designate one or more520
trustees, partners, managers, members, officers, or directors as 521
being in responsible charge of the professional architectural 522
activities and decisions, and those designated persons shall be 523
registered in this state. In the case of a corporation holding a524
certificate of authorization provided for in division (L) of this525
section, at least one of the persons so designated shall be a526
director of the corporation. Each firm, partnership, association, 527
limited liability company, or corporation of that type shall 528
annually file with the state board of examiners of architects 529
board the name and address of each trustee, partner, manager,530
officer, director, member, or shareholder, and each firm,531
partnership, association, limited liability company, or532
corporation of that type shall annually file with the board the533
name and address of all persons designated as being in responsible 534
charge of the professional architectural activities and decisions 535
and any other information the board may require. If there is a 536
change in any such person in the interval between filings, the 537
change shall be filed with the board in the manner and within the 538
time that the board determines.539

       (L) No corporation organized under Chapter 1701. of the540
Revised Code shall engage in providing architectural services in541
this state without obtaining a certificate of authorization from542
the state board of examiners of architects board. A corporation543
desiring a certificate of authorization shall file with the board544
a copy of its articles of incorporation and a listing on the form545
that the board directs of the names and addresses of all trustees,546
officers, directors, and shareholders of the corporation, the547
names and addresses of any individuals providing professional548
services on behalf of the corporation who are registered to549
practice architecture in this state, and any other information the 550
board requires. If all requirements of sections 4703.01 to 4703.19 551
of the Revised Code are met, the board may issue a certificate of552
authorization to the corporation. No certificate of authorization553
shall be issued unless persons owning more than fifty per cent of554
the corporation's shares and more than fifty per cent of the555
interests in the corporation are professional engineers,556
surveyors, architects, or landscape architects, or a combination557
of those professions, who are registered in this or any other558
state. Any corporation that holds a certificate of authorization559
under this section and otherwise meets the requirements of560
sections 4703.01 to 4703.19 of the Revised Code may be organized561
for any purposes for which corporations may be organized under562
Chapter 1701. of the Revised Code and shall not be limited to the563
purposes of providing professional engineering, surveying,564
architectural, or landscape architectural services or any565
combination of those professions. The board, by rules adopted in566
accordance with Chapter 119. of the Revised Code, may require any567
firm, partnership, association, or limited liability company not568
organized under Chapter 1701. of the Revised Code that provides569
architectural services to obtain a certificate of authorization. 570
If the board so requires, no firm, partnership, association, or571
limited liability company shall engage in providing architectural572
services without obtaining the certificate and complying with the573
rules.574

       (M) This section does not modify any law applicable to the575
relationship between a person furnishing a professional service576
and a person receiving that service, including liability arising577
out of that service.578

       (N) Nothing in this section restricts or limits in any manner 579
the authority or duty of the state board of examiners of580
architects board with respect to natural persons providing 581
professional services or any law or rule pertaining to standards 582
of professional conduct.583

       Sec. 4703.181.  The state board of examiners of architects 584
board may apply to a court of competent jurisdiction for relief by 585
injunction or restraining order to enjoin or restrain a person, 586
firm, corporation, partnership, or any other group or combination 587
of persons from the commission of any act which is prohibited by588
sections 4703.01 to 4703.19 of the Revised Code, or by rules 589
governing the standards of service, conduct, and practice to be 590
followed in the practice of the profession of architecture in the 591
state, as adopted by the board under Chapter 4703. of the Revised 592
Code.593

       The remedy provided by this section shall be in addition to 594
any other remedy provided by law.595

       Sec. 4703.19.  The attorney general is hereby designated as 596
the legal advisor of the state board of examiners of architects 597
board.598

       Any person having knowledge of facts leading to the belief 599
that a violation of division (A) of section 4703.18 of the Revised 600
Code has occurred, may file an affidavit stating such facts with 601
the prosecuting attorney of the county in which such alleged 602
violation occurred, for the purpose of having a complaint filed by 603
such prosecuting attorney.604

       Sec. 4703.331.  (A) A firm, partnership, association, limited 605
liability company, or corporation may provide landscape 606
architectural services in this state as long as the services are 607
provided only through natural persons registered to provide those 608
services in this state and subject to the requirements of this 609
chapter.610

       (B) No firm, partnership, association, limited liability 611
company, or corporation shall provide landscape architectural 612
services, hold itself out to the public as providing landscape 613
architectural services, or use a name including the word 614
"landscape architect" or any modification or derivation of the 615
word, unless the firm, partnership, association, limited liability 616
company, or corporation files all information required to be filed 617
under this section with the state board of landscape architect 618
examiners and otherwise complies with all requirements of this 619
chapter. A nonprofit membership corporation may use a name 620
including the word "landscape architect" or any modification or 621
derivation of the word without complying with this section.622

       (C) A corporation may be organized under Chapter 1701. of the 623
Revised Code, a professional association may be organized under 624
Chapter 1785. of the Revised Code, or a limited liability company 625
may be formed under Chapter 1705. of the Revised Code for the 626
purpose of providing professional engineering, surveying, 627
architectural, or landscape architectural services, or any 628
combination of those services. A corporation organized under 629
Chapter 1701. of the Revised Code for the purpose of providing 630
those services also may be organized for any other purpose in 631
accordance with that chapter.632

       (D) No firm, partnership, association, limited liability 633
company, or corporation shall provide or offer to provide 634
landscape architectural services in this state unless more than 635
fifty per cent of the partners, members, or shareholders, more 636
than fifty per cent of the directors in the case of a corporation 637
or professional association, and more than fifty per cent of the 638
managers in the case of a limited liability company the management 639
of which is not reserved to its members, and more than fifty per 640
cent of the trustees in the case of an employee stock ownership 641
plan, are professional engineers, surveyors, architects, or642
landscape architects or a combination of those professions, who 643
are registered in this state and who own more than fifty per cent 644
of the interests in the firm, partnership, association, limited 645
liability company, or corporation; unless the requirements of this 646
division and of section 1785.02 of the Revised Code are satisfied 647
with respect to any professional association organized under 648
Chapter 1785. of the Revised Code; or unless the requirements of 649
this division and of Chapter 1705. of the Revised Code are 650
satisfied with respect to a limited liability company formed under 651
that chapter.652

       (E) Each firm, partnership, association, limited liability 653
company, or corporation through which landscape architectural 654
services are offered or provided in this state shall designate one 655
or more trustees, partners, managers, members, officers, or 656
directors as being in responsible charge of the professional 657
landscape architectural activities and decisions, and those 658
designated persons shall be registered in this state. In the case 659
of a corporation holding a certificate of authorization provided 660
for in division (F) of this section, at least one of the persons 661
so designated shall be a director of the corporation. Each firm, 662
partnership, association, limited liability company, or663
corporation of that type shall annually file with the state board 664
of landscape architect examiners the name and address of each 665
trustees, partner, manager, officer, director, member, or 666
shareholder, and each firm, partnership, association, limited 667
liability company, or corporation of that type shall annually file 668
with the board the name and address of all persons designated as 669
being in responsible charge of the professional landscape 670
architectural activities and decisions and any other information 671
the board may require. If there is a change in any such person in 672
the interval between filings, the change shall be filed with the 673
board in the manner and within the time that the board determines.674

       (F) No corporation organized under Chapter 1701. of the675
Revised Code shall engage in providing landscape architectural676
services in this state without obtaining a certificate of677
authorization from the state board of landscape architect678
examiners. A corporation desiring a certificate of authorization679
shall file with the board a copy of its articles of incorporation680
and a listing on the form that the board directs of the names and 681
addresses of all trustees, officers, directors, and shareholders 682
of the corporation, the names and addresses of any individuals 683
providing professional services on behalf of the corporation who 684
are registered to practice landscape architecture in this state, 685
and any other information the board requires. If all requirements 686
of this chapter are met, the board may issue a certificate of687
authorization to the corporation. No certificate of authorization 688
shall be issued unless persons owning more than fifty per cent of 689
the corporation's shares and more than fifty per cent of the 690
interests in the corporation are professional engineers, 691
surveyors, architects, or landscape architects, or a combination 692
of those professions, who are registered in this state. Any693
corporation that holds a certificate of authorization under this694
section and otherwise meets the requirements of this chapter may 695
be organized for any purposes for which corporations may be 696
organized under Chapter 1701. of the Revised Code and shall not be 697
limited to the purposes of providing professional engineering, 698
surveying, architectural, or landscape architectural services or 699
any combination of those services. The board, by rules adopted in 700
accordance with Chapter 119. of the Revised Code, may require any 701
firm, partnership, association, or limited liability company not 702
organized under Chapter 1701. of the Revised Code that provides 703
landscape architectural services to obtain a certificate of 704
authorization. If the board so requires, no firm, partnership, 705
association, or limited liability company shall engage in 706
providing landscape architectural services without obtaining the 707
certificate and complying with the rules.708

       (G) This section does not modify any law applicable to the709
relationship between a person furnishing a professional service 710
and a person receiving that service, including liability arising 711
out of that service.712

       (H) Nothing in this section shall restrict or limit in any713
manner the authority or duty of the state board of landscape714
architect examiners with respect to natural persons providing715
professional services or any law or rule pertaining to standards716
of professional conduct.717

       Sec. 4703.37.  (A) The state board of landscape architect718
examiners shall establish an application fee for obtaining 719
registration under section 4703.34 of the Revised Code and a fee 720
for obtaining registration under section 4703.35 of the Revised 721
Code.722

       (B) The fee to restore an expired certificate of 723
qualification is the renewal fee for the current certification 724
period, plus the renewal fee for each previous renewal period in 725
which the certificate was not renewed, plus a penalty of 726
twenty-five per cent of the total renewal fees for each renewal 727
period or part thereof in which the certificate was not renewed, 728
on the condition that the maximum fee shall not exceed an amount 729
established by the board.730

       (C) The board also shall establish the following fees:731

       (1) The fee for taking or retaking the examination described 732
in division (C) of section 4703.34 of the Revised Code at an 733
amount adequate to cover the expenses of procuring and grading the 734
examination plus a fee for retaking all or parts of the required 735
examination.736

       (2) The fee for a certificate of qualification or duplicate737
thereof, as issued to a landscape architect registered under738
sections 4703.33 to 4703.38 of the Revised Code.739

       (3) The fee for the biennial renewal of the certificate of740
qualification and the fee for a duplicate renewal card.741

       (4) The fee to be charged an examinee for administering an 742
examination to the examinee on behalf of another jurisdiction.743

       (5) The fee for a certificate of authorization issued under 744
division (F) of section 4703.331 of the Revised Code, the fee for 745
annual renewal of a certificate of authorization, and the fee for 746
a duplicate certificate of authorization.747

       (6) The fee to cover costs for checks or other instruments 748
returned to the board by financial institutions due to 749
insufficient funds.750

       Sec. 4703.50.  All receipts of the state board of examiners 751
of architects board and state board of landscape architect 752
examiners shall be deposited in the state treasury to the credit 753
of the occupational licensing and regulatory fund. All754
expenditures of the boards shall be paid pursuant to vouchers755
approved by the secretary or executive secretary of the state 756
board of examiners of architects board, or both, as authorized by 757
the board.758

       Sec. 4703.51.  The state board of examiners of architects 759
board, subject to the approval of the controlling board and except 760
for fees required to be established by the board at amounts 761
"adequate" to cover designated expenses, may establish fees in 762
excess of the amounts provided in sections 4703.01 to 4703.19 of 763
the Revised Code, provided that such fees do not exceed the 764
amounts specified by these sections by more than fifty per cent.765

       Sec. 4703.52.  On receipt of a notice pursuant to section766
3123.43 of the Revised Code, the state board of examiners of767
architects board and the state board of landscape architects 768
examiners shall comply with sections 3123.41 to 3123.50 of the 769
Revised Code and any applicable rules adopted under section 770
3123.63 of the Revised Code with respect to a certificate issued 771
pursuant to this chapter.772

       Section 2.  That existing sections 125.22, 4703.01, 4703.02, 773
4703.03, 4703.04, 4703.05, 4703.06, 4703.07, 4703.08, 4703.09, 774
4703.10, 4703.11, 4703.12, 4703.13, 4703.14, 4703.15, 4703.151, 775
4703.16, 4703.18, 4703.181, 4703.19, 4703.331, 4703.37, 4703.50, 776
4703.51, and 4703.52 of the Revised Code are hereby repealed.777

       Section 3.  Section 125.22 of the Revised Code is presented 778
in this act as a composite of the section as amended by both Am. 779
Sub. H.B. 374 and Am. Sub. H.B. 496 of the 124th General Assembly. 780
The General Assembly, applying the principle stated in division 781
(B) of section 1.52 of the Revised Code that amendments are to be 782
harmonized if reasonably capable of simultaneous operation, finds 783
that the composite is the resulting version of the section in 784
effect prior to the effective date of the section as presented in 785
this act.786