As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 225

Senator Schaffer 

Cosponsors: Senators Faber, Schuler, Austria, Gardner, Harris, Niehaus, Seitz, Spada, Wilson 

Representatives Hughes, Sykes, Brown, Combs, DeBose, Domenick, Dyer, Evans, Flowers, Gardner, Harwood, Hottinger, Letson, McGregor, J., Patton, Schneider, Sears, Setzer, Uecker, Yuko 

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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, 4703.34, 4703.37, 4703.50, 4703.51, and

3

4703.52 of the Revised Code to make changes to

4

the 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, 4703.34, 4703.37, 4703.50,	9
4703.51, and 4703.52 of the Revised Code be amended to read as	10
follows:	11

Sec. 125.22.  (A) The department of administrative services	12
shall establish the central service agency to perform routine	13
support for the following boards and commissions:	14

(1) State board of examiners of architectsArchitects board;

15

(2) Barber board;

16

(3) State chiropractic board;

17

(4) State board of cosmetology;

18

(5) Accountancy board;

19

(6) State dental board;

20

(7) State board of optometry;

21

(8) Ohio occupational therapy, physical therapy, and athletic	22
trainers board;	23

(9) State board of registration for professional engineers	24
and surveyors;	25

(10) State board of sanitarian registration;

26

(11) Board of embalmers and funeral directors;

27

(12) State board of psychology;

28

(13) Ohio optical dispensers board;

29

(14) Board of speech pathology and audiology;

30

(15) Counselor, social worker, and marriage and family	31
therapist board;	32

(16) State veterinary medical licensing board;

33

(17) Ohio board of dietetics;

34

(18) Commission on Hispanic-Latino affairs;

35

(19) Ohio respiratory care board;

36

(20) Ohio commission on African-American males;

37

(21) Chemical dependency professionals board.

38

(B)(1) Notwithstanding any other section of the Revised Code,	39
the agency shall perform the following routine support services	40
for the boards and commissions named in division (A) of this	41
section unless the controlling board exempts a board or commission	42
from this requirement on the recommendation of the director of	43
administrative services:	44

(a) Preparing and processing payroll and other personnel	45
documents;	46

(b) Preparing and processing vouchers, purchase orders,	47
encumbrances, and other accounting documents;	48

(c) Maintaining ledgers of accounts and balances;

49

(d) Preparing and monitoring budgets and allotment plans in	50
consultation with the boards and commissions;	51

(e) Other routine support services that the director of	52
administrative services considers appropriate to achieve	53
efficiency.	54

(2) The agency may perform other services which a board or	55
commission named in division (A) of this section delegates to the	56
agency and the agency accepts.	57

(3) The agency may perform any service for any professional	58
or occupational licensing board not named in division (A) of this	59
section or any commission if the board or commission requests such	60
service and the agency accepts.	61

(C) The director of administrative services shall be the	62
appointing authority for the agency.	63

(D) The agency shall determine the fees to be charged to the	64
boards and commissions, which shall be in proportion to the	65
services performed for each board or commission.	66

(E) Each board or commission named in division (A) of this	67
section and any other board or commission requesting services from	68
the agency shall pay these fees to the agency from the general	69
revenue fund maintenance account of the board or commission or	70
from such other fund as the operating expenses of the board or	71
commission are paid. Any amounts set aside for a fiscal year by a	72
board or commission to allow for the payment of fees shall be used	73
only for the services performed by the agency in that fiscal year.	74
All receipts collected by the agency shall be deposited in the	75
state treasury to the credit of the central service agency fund,	76
which is hereby created. All expenses incurred by the agency in	77
performing services for the boards or commissions shall be paid	78
from the fund.	79

(F) Nothing in this section shall be construed as a grant of	80
authority for the central service agency to initiate or deny	81
personnel or fiscal actions for the boards and commissions.	82

Sec. 4703.01.  The governor shall appoint a state board of	83
examiners ofan architects board, which board shall be composed of	84
five architects who have been in active practice in the state for	85
not less than ten years previous to their appointment.	86

At the expiration of the term of office of each of the	87
members the governor shall, with the advice and consent of the	88
senate appoint a successor. Terms of office shall be for five	89
years, commencing on the third day of October and ending on the	90
second day of October. Each member shall hold office from the date	91
of his appointment until the end of the term for which he was	92
appointed. The governor may, upon bona fide complaint and for good	93
cause shown, after ten days' notice to the member against whom	94
charges may be filed, and after opportunity for hearing, remove	95
any member of said board for inefficiency, neglect of duty, or	96
malfeasance in office. Any member appointed to fill a vacancy	97
occurring prior to the expiration of the term for which histhe	98
member's predecessor was appointed shall hold office for the	99
remainder of such term. Any member shall continue in office	100
subsequent to the expiration date of histhe member's term until	101
histhe member's successor takes office, or until a period of	102
sixty days has elapsed, whichever occurs first.	103

The members of said board shall, before entering upon the	104
discharge of their duties, subscribe to and file with the	105
secretary of state the constitutional oath of office.	106

Sec. 4703.02.  The state board of examiners of architects	107
board shall organize by electing from its membership a president	108
and a secretary, and also a vice-president and an assistant	109
secretary, who shall act during absence or disability of the	110
president or secretary respectively.	111

The board shall adopt all necessary rules, regulations, and	112
bylaws, not inconsistent with sections 4703.01 to 4703.19 of the	113
Revised Code and the constitutions and laws of this state or of	114
the United States, to govern its times and places of meeting for	115
organization and reorganization, for the holding of examinations,	116
and for fixing the length of the term of its officers. The board,	117
under Chapter 119. of the Revised Code, may adopt, promulgate, and	118
enforce rules governing the standards of education, service,	119
conduct, and practice to be followed in the practice of the	120
profession of architecture in the state, including rules for the	121
enforcement of sections 4703.01 to 4703.19 of the Revised Code.	122
The board shall include among the rules adopted governing the	123
standards of practice, requirements regarding financial	124
responsibility and professional liability insurance. The board may	125
adopt rules pertaining to the satisfactory completion of	126
continuing education requirements.	127

If the board adopts rules pertaining to continuing education	128
requirements, the board shall specify in the rules that the	129
continuing education requirements may be satisfied by coursework	130
or activities dealing with technical, ethical, or managerial	131
topics relevant to the practice of architecture and that a	132
registrant may earn continuing professional education hours by	133
completing or teaching university or college level coursework;	134
attending seminars, workshops, or conferences; authoring relevant	135
published papers, articles, or books; receiving patent awards;	136
actively participating in professional or technical societies	137
serving the architecture profession, or actively participating in	138
any other activity deemed relevant by the board. If the board	139
adopts rules pertaining to continuing education requirements, the	140
board shall, in general, follow model continuing education	141
recommendations established by the national council of	142
architectural registration boards or a similar successor	143
organization.	144

The board shall hold examinations not less than once	145
annually, shall issue to each successful examination applicant a	146
certificate of qualification to practice architecture, and shall	147
impress on each certificate issued the seal of the board.	148

The secretary of the board shall be responsible for keeping a	149
true and complete record of all proceedings of the board. The	150
board may employ an executive secretary, investigators, and	151
clerical assistance it determines necessary.	152

Sec. 4703.03.  (A) The state board of examiners of architects	153
board shall enforce sections 4703.01 to 4703.19 of the Revised	154
Code, may subpoena witnesses and records in connection with its	155
investigations, and may incur such expenses as are necessary.	156

(B) Each member of the board shall be entitled to receive, as	157
a part of the expense of the board, an amount fixed pursuant to	158
division (J) of section 124.15 of the Revised Code while actually	159
engaged in attendance at meetings, in conducting examinations, or	160
in the performance of hisofficial duties.	161

(C) The members shall receive also, as a part of the expense	162
of the board, the amount of actual traveling, hotel, and other	163
necessary expenses incurred in the performance of their duties.	164

(D) The secretary, executive secretary, and clerical	165
assistants of the board shall give bond to the state in such sum	166
as the board determines, but not less than three thousand dollars,	167
conditioned upon the faithful discharge of their duties. Premiums	168
for such bonds shall be paid by the board. Such bonds with	169
approval of the board endorsed on them shall be deposited with the	170
secretary of state and kept in histhe secretary of state's	171
office.	172

Sec. 4703.04. (A) The state board of examiners of architects	173
board shall file with the governor, after the close of each fiscal	174
year a full report of its operations as of the thirtieth day of	175
June of said year, together with a statement of receipts and	176
expenditures.	177

(B) A roster, showing the name, registration number, and	178
address of all architects registered and in good standing as of	179
the first day of April of each even-numbered year under sections	180
4703.01 to 4703.19 of the Revised Code, shall be prepared by the	181
board in each even-numbered year.	182

Sec. 4703.05.  Three members of the state board of examiners	183
of architects board shall constitute a quorum, but no action at	184
any meeting shall be taken without at least three votes in accord;	185
and the regular and special meetings of the board shall be called	186
and held in the manner and at the times and places prescribed in	187
its rules.	188

Sec. 4703.06. (A) Any person shall, before engaging in the	189
practice of architecture or before being styled or known as an	190
architect, secure from the state board of examiners of architects	191
board a certificate of histhe person's qualifications to practice	192
under the title of "architect," and be registered with the board.	193

Any person holding such certificate and being registered	194
pursuant to sections 4703.01 to 4703.19 of the Revised Code may be	195
styled or known as an architect or as a registered architect.	196

No other person shall assume such title or use any	197
abbreviation, or any words, letters, or figures, to indicate or	198
imply that hethe person is an architect or registered architect,	199
except that persons may be authorized by the board to use the	200
specific title "intern architect," "architectural intern," or	201
"emeritus architect" as described in division (B) of this	202
section.	203

(B) The board may authorize by rule any person to use the	204
title "intern architect," "architectural intern," or "emeritus	205
architect." The board may adopt any rules the board deems	206
necessary pertaining to intern architects, architectural interns,	207
and emeritus architects, including, but not limited to, rules	208
pertaining to registration, registration fees, and renewal fees.	209

Sec. 4703.07.  Unless certified and registered pursuant to	210
rules adopted under section 4703.08 of the Revised Code, an	211
applicant for a certificate of qualification to practice	212
architecture shall:	213

(A) Be at least eighteen years of age;

214

(B) Be of good moral character;

215

(C) Submit satisfactory evidence of having obtained a	216
professional degree in architecture from a school having a program	217
accredited by the national accrediting board recognized by the	218
state board of examiners of architects board or other equivalent	219
architectural education as is recognized by the state board of	220
examiners of architects board;	221

(D) Complete the requirements for training under an	222
internship program established or adopted by the state board of	223
examiners of architects board, including, but not limited to,	224
design and construction documents, construction administration and	225
office management, or equivalent experience acceptable to the	226
board;	227

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

228

Sec. 4703.08.  The state board of examiners of architects	229
board shall adopt rules to certify and register an applicant for a	230
certificate of qualification to practice architecture who provides	231
satisfactory evidence that the applicant meets all of the	232
following requirements:	233

(A) Is ais licensed or registered as an architect in another	234
state or jurisdiction where the qualifications required for	235
licensure or registration were equal, in the opinion of the board,	236
to those required in sections 4703.01 to 4703.19 of the Revised	237
Code, at the time of the applicant's original licensure or	238
registration in that state or jurisdiction;	239

(B) Holds, holds a current recordcertificate in good	240
standing issued by the national council of architectural	241
registration boards;	242

(C) Is a licensed or registered architect in another state or	243
jurisdiction that extends reciprocity similar to that offered	244
under this section, to architects who are, and wishes to be	245
registered in this state.	246

Sec. 4703.09.  All examinations held under sections 4703.01	247
to 4703.19 of the Revised Code, shall be conducted by the state	248
board of examiners of architects board or its authorized	249
representatives at such times and places as may be determined by	250
the regulations established by the board, but not less than one	251
examination for certificate of qualification to practice	252
architecture shall be held in each year.	253

Sec. 4703.10.  If the applicant passes the examination under	254
section 4703.09 of the Revised Code or in lieu of the examination	255
meetsis, in the opinion of the state board of examiners of	256
architects board, the requirements ofeligible to register as an	257
architect pursuant to rules adopted under section 4703.08 of the	258
Revised Code, and in addition has proven self to be of good moral	259
character, the applicant is eligible to receive from the state	260
board of examiners of architects a certificate of qualification to	261
practice architecture. The certificate shall be signed by the	262
president and secretary of the board and shall bear the name of	263
the successful applicant, the successful applicant's place of	264
business, the serial number of the certificate, the seal of the	265
board, and the words, "admitted to practice architecture in the	266
state of Ohio, the ..... day of ......., ...."	267

If the applicant fails the examination under section 4703.09	268
of the Revised Code, the board may refuse to issue a certificate	269
of qualification to practice architecture.	270

Sec. 4703.11.  The state board of examiners of architects	271
board shall keep an official register of all said certificates of	272
qualification to practice architecture issued and of the renewals	273
of the same as provided in sections 4703.01 to 4703.19, inclusive,	274
of the Revised Code, which register shall be properly indexed and	275
shall be open for public inspection and information.	276

Sec. 4703.12.  (A) Each original certificate of qualification	277
to practice architecture issued and registered shall authorize the	278
holder to practice architecture as a registered architect	279
throughout this state from the date of issuance until the last day	280
of December of the odd-numbered year next succeeding the date upon	281
which the certificate was issued, unless the certificate has been	282
revoked or suspended for cause as provided in section 4703.15 of	283
the Revised Code. Every holder of such certificate or its renewal	284
shall secure a seal of the design prescribed by the rules of the	285
state board of examiners of architects board. All working drawings	286
and specifications prepared by or under the supervision of the	287
holder shall be imprinted with this seal. No person shall seal any	288
document unless the person is the holder of a certificate	289
currently in good standing.	290

(B) Each certificate of authorization issued under division	291
(L) of section 4703.18 of the Revised Code shall authorize the	292
holder to provide architectural services, through the architect	293
designated as being in responsible charge of the architectural	294
practice, from the date of issuance until the last day of June	295
next succeeding the date upon which the certificate was issued,	296
unless the certificate has been revoked or suspended for cause as	297
provided in section 4703.15 of the Revised Code or has been	298
suspended pursuant to section 3123.47 of the Revised Code.	299

Sec. 4703.13.  (A) Each architect who holds a certificate of	300
qualification to practice architecture under sections 4703.01 to	301
4703.19 of the Revised Code and who desires to continue the	302
practice of architecture shall, before or during the month of	303
December of each odd-numbered year, make application, together	304
with the renewal fee provided in section 4703.16 of the Revised	305
Code, for a renewal of the certificate, and demonstrate	306
satisfactory completion of any applicable continuing education	307
requirements adopted by the state board of examiners of architects	308
board under section 4703.02 of the Revised Code. The renewal shall	309
be pursuant to the standard renewal procedure of sections 4745.01	310
to 4745.03 of the Revised Code, except that renewal is required in	311
each odd-numbered year instead of annually. Each certificate shall	312
be renewed for a term of two years, and the renewal shall be	313
recorded in the official register of the board.	314

(B) Each holder of a certificate of authorization to provide	315
architectural services shall, before or during the month of each	316
June preceding the year the holder desires to continue to provide	317
architectural services, make application, together with the	318
renewal fee provided in section 4703.16 of the Revised Code, for a	319
renewal of the certificate. Each certificate shall be renewed for	320
a term of one year except as provided in section 4703.12 of the	321
Revised Code.	322

Sec. 4703.14.  Any holder of a certificate of qualification	323
to practice architecture that has expired through failure to be	324
renewed as provided in section 4703.13 of the Revised Code may	325
obtain a renewal of such certificate, at any time within one year	326
from the date of its expiration, upon application to and with the	327
approval of the state board of examiners of architects board. The	328
time for renewal of such expired certificate may be extended at	329
the discretion of the board. A certificate that has lapsed for a	330
period of more than one year may be restored at the discretion of	331
the board upon payment of the required fee.	332

Sec. 4703.15. (A) The state board of examiners of architects	333
board may by three concurring votes deny renewal of, revoke, or	334
suspend any certificate of qualification to practice architecture,	335
issued or renewed under sections 4703.10, 4703.13, and 4703.14 of	336
the Revised Code, or any certificate of authorization, issued or	337
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	338
proof satisfactory to the board is presented in any of the	339
following cases:	340

(1) In case it is shown that the certificate was obtained by	341
fraud;	342

(2) In case the holder of the certificate has been found	343
guilty by the board or by a court of justice of any fraud or	344
deceit in the holder's professional practice, or has been	345
convicted of a felony by a court of justice;	346

(3) In case the holder has been found guilty by the board of	347
gross negligence, incompetency, or misconduct in the performance	348
of the holder's services as an architect or in the practice of	349
architecture;	350

(4) In case the holder of the certificate has been found	351
guilty by the board of signing plans for the construction of a	352
building as a "registered architect" where the holder is not the	353
actual architect of such building and where the holder is without	354
prior written consent of the architect originating the design or	355
other documents used in the plans;	356

(5) In case the holder of the certificate has been found	357
guilty by the board of aiding and abetting another person or	358
persons not properly registered as required by sections 4703.01 to	359
4703.19 of the Revised Code, in the performance of activities that	360
in any manner or extent constitute the practice of architecture.	361

At any time after the expiration of six months from the date	362
of the revocation or suspension of a certificate, the individual,	363
firm, partnership, association, or corporation may apply for	364
reinstatement of the certificate. Upon showing that all loss	365
caused by the individual, firm, partnership, association, or	366
corporation whose certificate has been revoked or suspended has	367
been fully satisfied and that all conditions imposed by the	368
revocation or suspension decision have been complied with, and	369
upon the payment of all costs incurred by the board as a result of	370
the case at issue, the board, at its discretion and upon evidence	371
that in its opinion would so warrant, may restore the certificate.	372

(B) In addition to disciplinary action the board may take	373
against a certificate holder under division (A) of this section or	374
section 4703.151 of the Revised Code, the board may impose a fine	375
against a certificate holder who obtained a certificate by fraud	376
or who is found guilty of any act specified in divisions (A)(2) to	377
(A)(5) of this section or who violates any rule governing the	378
standards of service, conduct, and practice adopted pursuant to	379
section 4703.02 of the Revised Code. The fine imposed shall be not	380
more than one thousand dollars for each offense but shall not	381
exceed five thousand dollars regardless of the number of offenses	382
the certificate holder has committed between the time the fine is	383
imposed and the time any previous fine was imposed.	384

Sec. 4703.151.  The state board of examiners of architects	385
board may revoke or suspend licenses or reprimand licensees, and	386
may revoke or suspend the certificate of authorization provided	387
for in division (L) of section 4703.18 of the Revised Code, in	388
accordance with the seriousness of the charge, for violation of	389
rules governing the standards of service, conduct, and practice to	390
be followed in the practice of the profession of architecture in	391
the state, as adopted by the board pursuant to Chapter 4703. of	392
the Revised Code.	393

Sec. 4703.16.  (A) The state board of examiners of architects	394
board shall establish the application fee for obtaining	395
registration under section 4703.07 and the fee for obtaining	396
registration underpursuant to section 4703.08 of the Revised	397
Code.	398

(B) The fee to restore a certificate of qualification to	399
practice architecture is the renewal fee for the current	400
certification period, plus the renewal fee for each two-year	401
period in which the certificate was not renewed, plus a penalty of	402
ten per cent of the total renewal feesthe board establishes for	403
each two-year period or part thereof in which the certificate was	404
not renewed, provided that the maximum fee shall not exceed the	405
amount established by the board.	406

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

407

(1) The fee for an original and duplicate certificate of	408
qualification to practice architecture and the biennial renewal of	409
the certificate;	410

(2) The fee for a duplicate renewal card;

411

(3) The fee to restore a certificate of qualification to	412
practice architecture or certificate of authorization revoked	413
under section 4703.15 of the Revised Code or suspended under	414
section 3123.47 of the Revised Code;	415

(4) The fee for an original and duplicate certificate of	416
authorization issued under division (L) of section 4703.18 of the	417
Revised Code and the annual renewal of the certificate;	418

(5) The fee to cover costs for checks or other instruments	419
returned to the board by financial institutions due to	420
insufficient funds.	421

Sec. 4703.18.  (A) No person shall enter upon the practice of	422
architecture or hold forth as an architect or registered	423
architect, unless the person has complied with sections 4703.01 to	424
4703.19 of the Revised Code and is the holder of a certificate of	425
qualification to practice architecture issued or renewed and	426
registered under those sections.	427

(B) Sections 4703.01 to 4703.19 of the Revised Code do not	428
prevent persons other than architects from filing applications for	429
building permits or obtaining those permits.	430

(C) Sections 4703.01 to 4703.19 of the Revised Code do not	431
prevent persons other than architects from preparing plans,	432
drawings, specifications, or data, filing applications for	433
building permits, or obtaining those permits for residential	434
buildings, as defined by section 3781.06 of the Revised Code, or	435
buildings erected as industrialized one-, two-, or three-family	436
units or structures within the meaning of the term "industrialized	437
unit" as provided in section 3781.06 of the Revised Code.	438

(D) Sections 4703.01 to 4703.19 of the Revised Code do not	439
prevent persons other than architects from preparing drawings or	440
data, from filing applications for building permits, or from	441
obtaining those permits for the installation of replacement	442
equipment or systems that are similar in type or capacity to the	443
equipment or systems being replaced, and for any improvement,	444
alteration, repair, painting, decorating, or other modification of	445
any buildings or structures subject to sections 3781.06 to 3781.18	446
and 3791.04 of the Revised Code where the building official	447
determines that no plans or specifications are required for	448
approval.	449

(E) Sections 4703.01 to 4703.19 of the Revised Code do not	450
exclude a registered professional engineer from architectural	451
practice that may be incident to the practice of engineering or	452
exclude a registered architect from engineering practice that may	453
be incident to the practice of architecture.	454

(F) Sections 4703.01 to 4703.19 of the Revised Code do not	455
prevent a firm, partnership, association, limited liability	456
company, or corporation of architects registered under those	457
sections from providing architectural services and do not prevent	458
an individual registered as a landscape architect under sections	459
4703.30 to 4703.49 of the Revised Code or as a professional	460
engineer under Chapter 4733. of the Revised Code from being a	461
member or trustee of a firm, partnership, association, limited	462
liability company, or corporation of that type, but a member or	463
trustee of that type shall not engage in the practice of	464
architecture or hold forth as an architect contrary to sections	465
4703.01 to 4703.19 of the Revised Code and shall not practice a	466
profession in which the person is not licensed.	467

(G) A firm, partnership, association, limited liability	468
company, or corporation may provide architectural services in this	469
state as long as the services are provided only through natural	470
persons registered to provide those services in this state,	471
subject to the exemptions in section 4703.17 of the Revised Code	472
and subject otherwise to the requirements of sections 4703.01 to	473
4703.19 of the Revised Code.	474

(H) No firm, partnership, association, limited liability	475
company, or corporation, except a corporation that was granted a	476
charter prior to August 7, 1943, to engage in providing	477
architectural services or that was otherwise lawfully providing	478
architectural services prior to November 15, 1982, shall provide	479
architectural services, hold itself out to the public as providing	480
architectural services, or use a name including the word	481
"architect" or any modification or derivation of the word, unless	482
the firm, partnership, association, limited liability company, or	483
corporation files all information required to be filed under this	484
section with the state board of examiners of architects board and	485
otherwise complies with all requirements of sections 4703.01 to	486
4703.19 of the Revised Code. A nonprofit membership corporation	487
may use a name including the word "architect" or any modification	488
or derivation of the word without complying with this section.	489

(I) A corporation may be organized under Chapter 1701. of the	490
Revised Code, a professional association may be organized under	491
Chapter 1785. of the Revised Code, or a limited liability company	492
may be formed under Chapter 1705. of the Revised Code for the	493
purpose of providing professional engineering, surveying,	494
architectural, or landscape architectural services, or any	495
combination of those services. A corporation organized under	496
Chapter 1701. of the Revised Code for the purpose of providing	497
those services also may be organized for any other purpose in	498
accordance with that chapter.	499

(J) No firm, partnership, association, limited liability	500
company, or corporation shall provide or offer to provide	501
architectural services in this state unless more than fifty per	502
cent of the partners, members, or shareholders, more than fifty	503
per cent of the directors in the case of a corporation or	504
professional association, and more than fifty per cent of the	505
managers in the case of a limited liability company the management	506
of which is not reserved to its members, and more than fifty per	507
cent of the trustees in the case of an employee stock ownership	508
plan, are professional engineers, surveyors, architects, or	509
landscape architects or a combination of those professions, who	510
are registered in this or any other state and who own more than	511
fifty per cent of the interests in the firm, partnership,	512
association, limited liability company, or corporation; unless the	513
requirements of this division and of section 1785.02 of the	514
Revised Code are satisfied with respect to any professional	515
association organized under Chapter 1785. of the Revised Code; or	516
unless the requirements of this division and of Chapter 1705. of	517
the Revised Code are satisfied with respect to a limited liability	518
company formed under that chapter.	519

(K) Each firm, partnership, association, limited liability	520
company, or corporation through which architectural services are	521
offered or provided in this state shall designate one or more	522
trustees, partners, managers, members, officers, or directors as	523
being in responsible charge of the professional architectural	524
activities and decisions, and those designated persons shall be	525
registered in this state. In the case of a corporation holding a	526
certificate of authorization provided for in division (L) of this	527
section, at least one of the persons so designated shall be a	528
director of the corporation. Each firm, partnership, association,	529
limited liability company, or corporation of that type shall	530
annually file with the state board of examiners of architects	531
board the name and address of each trustee, partner, manager,	532
officer, director, member, or shareholder, and each firm,	533
partnership, association, limited liability company, or	534
corporation of that type shall annually file with the board the	535
name and address of all persons designated as being in responsible	536
charge of the professional architectural activities and decisions	537
and any other information the board may require. If there is a	538
change in any such person in the interval between filings, the	539
change shall be filed with the board in the manner and within the	540
time that the board determines.	541

(L) No corporation organized under Chapter 1701. of the	542
Revised Code shall engage in providing architectural services in	543
this state without obtaining a certificate of authorization from	544
the state board of examiners of architects board. A corporation	545
desiring a certificate of authorization shall file with the board	546
a copy of its articles of incorporation and a listing on the form	547
that the board directs of the names and addresses of all trustees,	548
officers, directors, and shareholders of the corporation, the	549
names and addresses of any individuals providing professional	550
services on behalf of the corporation who are registered to	551
practice architecture in this state, and any other information the	552
board requires. If all requirements of sections 4703.01 to 4703.19	553
of the Revised Code are met, the board may issue a certificate of	554
authorization to the corporation. No certificate of authorization	555
shall be issued unless persons owning more than fifty per cent of	556
the corporation's shares and more than fifty per cent of the	557
interests in the corporation are professional engineers,	558
surveyors, architects, or landscape architects, or a combination	559
of those professions, who are registered in this or any other	560
state. Any corporation that holds a certificate of authorization	561
under this section and otherwise meets the requirements of	562
sections 4703.01 to 4703.19 of the Revised Code may be organized	563
for any purposes for which corporations may be organized under	564
Chapter 1701. of the Revised Code and shall not be limited to the	565
purposes of providing professional engineering, surveying,	566
architectural, or landscape architectural services or any	567
combination of those professions. The board, by rules adopted in	568
accordance with Chapter 119. of the Revised Code, may require any	569
firm, partnership, association, or limited liability company not	570
organized under Chapter 1701. of the Revised Code that provides	571
architectural services to obtain a certificate of authorization.	572
If the board so requires, no firm, partnership, association, or	573
limited liability company shall engage in providing architectural	574
services without obtaining the certificate and complying with the	575
rules.	576

(M) This section does not modify any law applicable to the	577
relationship between a person furnishing a professional service	578
and a person receiving that service, including liability arising	579
out of that service.	580

(N) Nothing in this section restricts or limits in any manner	581
the authority or duty of the state board of examiners of	582
architects board with respect to natural persons providing	583
professional services or any law or rule pertaining to standards	584
of professional conduct.	585

Sec. 4703.181.  The state board of examiners of architects	586
board may apply to a court of competent jurisdiction for relief by	587
injunction or restraining order to enjoin or restrain a person,	588
firm, corporation, partnership, or any other group or combination	589
of persons from the commission of any act which is prohibited by	590
sections 4703.01 to 4703.19 of the Revised Code, or by rules	591
governing the standards of service, conduct, and practice to be	592
followed in the practice of the profession of architecture in the	593
state, as adopted by the board under Chapter 4703. of the Revised	594
Code.	595

The remedy provided by this section shall be in addition to	596
any other remedy provided by law.	597

Sec. 4703.19.  The attorney general is hereby designated as	598
the legal advisor of the state board of examiners of architects	599
board.	600

Any person having knowledge of facts leading to the belief	601
that a violation of division (A) of section 4703.18 of the Revised	602
Code has occurred, may file an affidavit stating such facts with	603
the prosecuting attorney of the county in which such alleged	604
violation occurred, for the purpose of having a complaint filed by	605
such prosecuting attorney.	606

Sec. 4703.331.  (A) A firm, partnership, association, limited	607
liability company, or corporation may provide landscape	608
architectural services in this state as long as the services are	609
provided only through natural persons registered to provide those	610
services in this state and subject to the requirements of this	611
chapter.	612

(B) No firm, partnership, association, limited liability	613
company, or corporation shall provide landscape architectural	614
services, hold itself out to the public as providing landscape	615
architectural services, or use a name including the word	616
"landscape architect" or any modification or derivation of the	617
word, unless the firm, partnership, association, limited liability	618
company, or corporation files all information required to be filed	619
under this section with the state board of landscape architect	620
examiners and otherwise complies with all requirements of this	621
chapter. A nonprofit membership corporation may use a name	622
including the word "landscape architect" or any modification or	623
derivation of the word without complying with this section.	624

(C) A corporation may be organized under Chapter 1701. of the	625
Revised Code, a professional association may be organized under	626
Chapter 1785. of the Revised Code, or a limited liability company	627
may be formed under Chapter 1705. of the Revised Code for the	628
purpose of providing professional engineering, surveying,	629
architectural, or landscape architectural services, or any	630
combination of those services. A corporation organized under	631
Chapter 1701. of the Revised Code for the purpose of providing	632
those services also may be organized for any other purpose in	633
accordance with that chapter.	634

(D) No firm, partnership, association, limited liability	635
company, or corporation shall provide or offer to provide	636
landscape architectural services in this state unless more than	637
fifty per cent of the partners, members, or shareholders, more	638
than fifty per cent of the directors in the case of a corporation	639
or professional association, and more than fifty per cent of the	640
managers in the case of a limited liability company the management	641
of which is not reserved to its members, and more than fifty per	642
cent of the trustees in the case of an employee stock ownership	643
plan, are professional engineers, surveyors, architects, or	644
landscape architects or a combination of those professions, who	645
are registered in this or any other state and who own more than	646
fifty per cent of the interests in the firm, partnership,	647
association, limited liability company, or corporation; unless	648
the requirements of this division and of section 1785.02 of the	649
Revised Code are satisfied with respect to any professional	650
association organized under Chapter 1785. of the Revised Code; or	651
unless the requirements of this division and of Chapter 1705. of	652
the Revised Code are satisfied with respect to a limited	653
liability company formed under that chapter.	654

(E) Each firm, partnership, association, limited liability	655
company, or corporation through which landscape architectural	656
services are offered or provided in this state shall designate one	657
or more trustees, partners, managers, members, officers, or	658
directors as being in responsible charge of the professional	659
landscape architectural activities and decisions, and those	660
designated persons shall be registered in this state. In the case	661
of a corporation holding a certificate of authorization provided	662
for in division (F) of this section, at least one of the persons	663
so designated shall be a director of the corporation. Each firm,	664
partnership, association, limited liability company, or	665
corporation of that type shall annually file with the state board	666
of landscape architect examiners the name and address of each	667
trustees, partner, manager, officer, director, member, or	668
shareholder, and each firm, partnership, association, limited	669
liability company, or corporation of that type shall annually file	670
with the board the name and address of all persons designated as	671
being in responsible charge of the professional landscape	672
architectural activities and decisions and any other information	673
the board may require. If there is a change in any such person in	674
the interval between filings, the change shall be filed with the	675
board in the manner and within the time that the board determines.	676

(F) No corporation organized under Chapter 1701. of the	677
Revised Code shall engage in providing landscape architectural	678
services in this state without obtaining a certificate of	679
authorization from the state board of landscape architect	680
examiners. A corporation desiring a certificate of authorization	681
shall file with the board a copy of its articles of incorporation	682
and a listing on the form that the board directs of the names and	683
addresses of all trustees, officers, directors, and shareholders	684
of the corporation, the names and addresses of any individuals	685
providing professional services on behalf of the corporation who	686
are registered to practice landscape architecture in this state,	687
and any other information the board requires. If all requirements	688
of this chapter are met, the board may issue a certificate of	689
authorization to the corporation. No certificate of authorization	690
shall be issued unless persons owning more than fifty per cent of	691
the corporation's shares and more than fifty per cent of the	692
interests in the corporation are professional engineers,	693
surveyors, architects, or landscape architects, or a combination	694
of those professions, who are registered in this or any other	695
state. Any corporation that holds a certificate of authorization	696
under this section and otherwise meets the requirements of this	697
chapter may be organized for any purposes for which corporations	698
may be organized under Chapter 1701. of the Revised Code and	699
shall not be limited to the purposes of providing professional	700
engineering, surveying, architectural, or landscape architectural	701
services or any combination of those services. The board, by	702
rules adopted in accordance with Chapter 119. of the Revised	703
Code, may require any firm, partnership, association, or limited	704
liability company not organized under Chapter 1701. of the	705
Revised Code that provides landscape architectural services to	706
obtain a certificate of authorization. If the board so requires,	707
no firm, partnership, association, or limited liability company	708
shall engage in providing landscape architectural services	709
without obtaining the certificate and complying with the rules.	710

(G) This section does not modify any law applicable to the	711
relationship between a person furnishing a professional service	712
and a person receiving that service, including liability arising	713
out of that service.	714

(H) Nothing in this section shall restrict or limit in any	715
manner the authority or duty of the state board of landscape	716
architect examiners with respect to natural persons providing	717
professional services or any law or rule pertaining to standards	718
of professional conduct.	719

Sec. 4703.34.  (A) Any individual desiring to be registered	720
as a landscape architect may apply in writing to the state board	721
of landscape architect examiners in the manner prescribed by the	722
board.	723

(B) Except as provided in section 4703.35 of the Revised	724
Code, each application shall include, or be accompanied by,	725
evidence given under oath or affirmation and satisfactory to the	726
board that the applicant possesses the qualifications prescribed	727
by division (C) of this section and also possesses, or is in the	728
process of obtaining, one of the qualifications required by	729
division (D) of this section. Each applicant shall include in the	730
application a request for examination. The board shall permit an	731
applicant who is in the process of completing the requirement	732
specified in division (D) of this section to take an examination,	733
but the board shall not register such an applicant until the	734
applicant completes the requirement.	735

(C) Except as provided in section 4703.35 of the Revised	736
Code, each applicant for registration as a landscape architect	737
shall pass, to the satisfaction of the board, an examination	738
conducted under the authority of the board to determine the	739
fitness of the applicant for registration. The applicant shall be	740
at least eighteen years of age and of good moral character and	741
shall have obtained a professional degree in landscape	742
architecture from a program accredited by the national landscape	743
architect accrediting board.	744

(D) In addition to the qualifications required by division	745
(C) of this section, the applicant shall meet either of the	746
following requirements:	747

(1) Has completed three years of practical experience in the	748
office of orand under the direct supervision of a registered	749
landscape architect who is actively involved in the practice of	750
landscape architecture, or equivalent experience, as determined by	751
the board, provided that at least one year of the practical	752
experience or its equivalent as required by division (D)(1) of	753
this section shall have been completed by the applicant subsequent	754
to the completion of the educational requirements established by	755
division (C) of this section;	756

(2) Has completed the requirements for training under an	757
internship program established pursuant to rules adopted by the	758
board that includes, but is not limited to, training in design and	759
construction documents and construction administration and office	760
management, or has equivalent experience that is acceptable to the	761
board.	762

Sec. 4703.37.  (A) The state board of landscape architect	763
examiners shall establish an application fee for obtaining	764
registration under section 4703.34 of the Revised Code and a fee	765
for obtaining registration under section 4703.35 of the Revised	766
Code.	767

(B) The fee to restore an expired certificate of	768
qualification is the renewal fee for the current certification	769
period, plus the renewal fee for each previous renewal period in	770
which the certificate was not renewed, plus a penalty of	771
twenty-five per cent of the total renewal fees for each renewal	772
period or part thereof in which the certificate was not renewed,	773
on the condition that the maximum fee shall not exceed an amount	774
established by the board.	775

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

776

(1) The fee for taking or retaking the examination described	777
in division (C) of section 4703.34 of the Revised Code at an	778
amount adequate to cover the expenses of procuring and grading the	779
examination plus a fee for retaking all or parts of the required	780
examination.	781

(2) The fee for a certificate of qualification or duplicate	782
thereof, as issued to a landscape architect registered under	783
sections 4703.33 to 4703.38 of the Revised Code.	784

(3) The fee for the biennial renewal of the certificate of	785
qualification and the fee for a duplicate renewal card.	786

(4) The fee to be charged an examinee for administering an	787
examination to the examinee on behalf of another jurisdiction.	788

(5) The fee for a certificate of authorization issued under	789
division (F) of section 4703.331 of the Revised Code, the fee for	790
annual renewal of a certificate of authorization, and the fee for	791
a duplicate certificate of authorization.	792

(6) The fee to cover costs for checks or other instruments	793
returned to the board by financial institutions due to	794
insufficient funds.	795

Sec. 4703.50.  All receipts of the state board of examiners	796
of architects board and state board of landscape architect	797
examiners shall be deposited in the state treasury to the credit	798
of the occupational licensing and regulatory fund. All	799
expenditures of the boards shall be paid pursuant to vouchers	800
approved by the secretary or executive secretary of the state	801
board of examiners of architects board, or both, as authorized by	802
the board.	803

Sec. 4703.51.  The state board of examiners of architects	804
board, subject to the approval of the controlling board and except	805
for fees required to be established by the board at amounts	806
"adequate" to cover designated expenses, may establish fees in	807
excess of the amounts provided in sections 4703.01 to 4703.19 of	808
the Revised Code, provided that such fees do not exceed the	809
amounts specified by these sections by more than fifty per cent.	810

Sec. 4703.52.  On receipt of a notice pursuant to section	811
3123.43 of the Revised Code, the state board of examiners of	812
architects board and the state board of landscape architects	813
examiners shall comply with sections 3123.41 to 3123.50 of the	814
Revised Code and any applicable rules adopted under section	815
3123.63 of the Revised Code with respect to a certificate issued	816
pursuant to this chapter.	817

Section 2.  That existing sections 125.22, 4703.01, 4703.02,	818
4703.03, 4703.04, 4703.05, 4703.06, 4703.07, 4703.08, 4703.09,	819
4703.10, 4703.11, 4703.12, 4703.13, 4703.14, 4703.15, 4703.151,	820
4703.16, 4703.18, 4703.181, 4703.19, 4703.331, 4703.34, 4703.37,	821
4703.50, 4703.51, and 4703.52 of the Revised Code are hereby	822
repealed.	823

Section 3.  Section 125.22 of the Revised Code is presented	824
in this act as a composite of the section as amended by both Am.	825
Sub. H.B. 374 and Am. Sub. H.B. 496 of the 124th General Assembly.	826
The General Assembly, applying the principle stated in division	827
(B) of section 1.52 of the Revised Code that amendments are to be	828
harmonized if reasonably capable of simultaneous operation, finds	829
that the composite is the resulting version of the section in	830
effect prior to the effective date of the section as presented in	831
this act.	832