| (C) Sections 4703.01 to 4703.19 of the
Revised Code do not | 16 |
|
prevent persons other than
architects from preparing plans, | 17 |
|
drawings, specifications, or data, filing
applications for | 18 |
|
building permits, or obtaining those permits for
residential | 19 |
|
buildings, as defined
by section
3781.06
of the
Revised Code, or | 20 |
|
buildings erected as industrialized one-, two-,
or
three-family | 21 |
|
units or
structures within the meaning of the term
"industrialized | 22 |
|
unit"
as provided in section 3781.06 of the
Revised Code. | 23 |
| (D) Sections 4703.01 to 4703.19 of the Revised Code do not | 24 |
|
prevent persons
other than architects from preparing drawings or | 25 |
|
data, from
filing applications for building permits, or from | 26 |
|
obtaining those permits for
the installation of replacement | 27 |
|
equipment or systems that are similar in
type or capacity to the | 28 |
|
equipment or systems being replaced, and for any
improvement, | 29 |
|
alteration, repair, painting, decorating, or other
modification of | 30 |
|
any buildings or structures subject to sections 3781.06 to
3781.18 | 31 |
|
and 3791.04 of the Revised Code where the building official | 32 |
|
determines that no plans or specifications are
required for | 33 |
|
approval. | 34 |
| (F) Sections 4703.01 to 4703.19 of the Revised Code do not | 40 |
|
prevent a firm, partnership, association, limited liability | 41 |
|
company, or corporation of architects registered under those | 42 |
|
sections from providing architectural services and do not prevent | 43 |
|
an individual registered as a landscape architect under sections | 44 |
|
4703.30 to 4703.49 of the Revised Code or as a professional | 45 |
|
engineer under
Chapter 4733. of the Revised Code
from
being a | 46 |
|
member or trustee of a firm, partnership, association, limited | 47 |
|
liability company, or corporation of that type, but a member or | 48 |
|
trustee of
that type shall not engage in the practice of | 49 |
|
architecture or
hold
forth as an architect contrary to
sections | 50 |
|
4703.01 to 4703.19 of the Revised Code and shall not practice a | 51 |
|
profession in which the person is not licensed. | 52 |
| (H) No firm, partnership, association, limited liability | 60 |
company, or corporation, except a corporation that was granted a | 61 |
charter prior to August 7, 1943, to engage in providing | 62 |
architectural services or that was otherwise lawfully providing | 63 |
architectural services prior to November 15, 1982, shall provide | 64 |
|
architectural services, hold itself out to the public as
providing | 65 |
|
architectural services, or use a name including the
word | 66 |
|
"architect" or any modification or derivation of the word,
unless | 67 |
|
the firm, partnership, association, limited liability
company, or | 68 |
|
corporation files all information required to be
filed under this | 69 |
|
section with the
architects board and
otherwise complies with all | 70 |
|
requirements of
sections 4703.01 to
4703.19 of the Revised Code. A | 71 |
|
nonprofit
membership corporation
may use a name including the word | 72 |
|
"architect" or any modification
or derivation of the word without | 73 |
|
complying with this section. | 74 |
| (I) A corporation may be organized under Chapter 1701. of
the | 75 |
|
Revised Code, a professional association may be organized
under | 76 |
|
Chapter 1785. of the Revised Code, or a limited liability
company | 77 |
|
may be formed under Chapter 1705. of the Revised Code for
the | 78 |
|
purpose of providing professional engineering, surveying, | 79 |
|
architectural, or landscape architectural services, or any | 80 |
|
combination of those services. A corporation organized under | 81 |
|
Chapter 1701. of the Revised Code for the purpose of providing | 82 |
|
those services also may be organized for any other purpose in | 83 |
|
accordance with that chapter. | 84 |
| (J) No firm, partnership, association, limited liability | 85 |
|
company, or corporation shall provide or offer to provide | 86 |
|
architectural services in this state unless more than fifty per | 87 |
|
cent of the
partners, members, or shareholders, more than fifty | 88 |
|
per cent of the
directors in the case of a corporation or | 89 |
|
professional association, more than fifty per cent of the managers | 90 |
|
in the case of a limited liability company
the
management
of | 91 |
|
which
is not reserved to its members, and more
than fifty per | 92 |
|
cent of
the trustees in the case of an employee stock ownership | 93 |
|
plan, are
professional
engineers, surveyors, architects, or | 94 |
|
landscape
architects or a
combination of those professions, who | 95 |
|
are
registered in this or any other state
and who own more than | 96 |
|
fifty
per cent of
the interests in the firm,
partnership, | 97 |
|
association,
limited
liability company, or
corporation; unless | 98 |
|
the requirements of
this division and
of
section 1785.02 of the | 99 |
|
Revised Code are
satisfied with respect
to
any professional | 100 |
|
association organized
under Chapter 1785. of
the
Revised Code; or | 101 |
|
unless the requirements of this division and
of
Chapter 1705. of | 102 |
|
the Revised
Code are satisfied with respect
to a
limited | 103 |
|
liability
company
formed under that chapter. | 104 |
| (K) Each firm, partnership, association, limited liability | 110 |
|
company, or corporation through which architectural services are | 111 |
|
offered or provided in this state shall designate one or more | 112 |
|
trustees, partners, managers, members, officers, or directors as | 113 |
|
being in
responsible charge of the professional architectural | 114 |
|
activities
and decisions, and those designated persons shall be | 115 |
|
registered
in
this state. In the case of a corporation holding a | 116 |
|
certificate of
authorization provided for in division (L) of this | 117 |
|
section, at
least one of the persons so designated shall be a | 118 |
|
director of the
corporation. Each firm, partnership,
association, | 119 |
|
limited
liability company, or corporation of that
type shall | 120 |
|
annually file
with the
architects
board the name and
address of | 121 |
|
each trustee, partner, manager,
officer, director, member, or | 122 |
|
shareholder, and each firm,
partnership, association, limited | 123 |
|
liability company, or
corporation of that type shall annually file | 124 |
|
with the board the
name and address of all persons designated as | 125 |
|
being in
responsible
charge of the professional architectural | 126 |
|
activities
and decisions
and any other information the board may | 127 |
|
require.
If there is a
change in any such person in the interval | 128 |
|
between
filings, the
change shall be filed with the board in the | 129 |
|
manner
and within the
time that the board determines. | 130 |
| (L) No corporation organized under Chapter 1701. of the | 131 |
|
Revised Code shall engage in providing architectural services in | 132 |
|
this state without obtaining a certificate of authorization from | 133 |
|
the architects board. A corporation
desiring a certificate of | 134 |
|
authorization shall file with the board
a copy of its articles of | 135 |
|
incorporation and a listing on the form
that the board directs of | 136 |
|
the names and addresses of all
trustees,
officers,
directors, and | 137 |
|
shareholders of the corporation, the
names and
addresses of any | 138 |
|
individuals providing professional
services on
behalf of the | 139 |
|
corporation who are registered to
practice
architecture in this | 140 |
|
state, and any other information
the
board
requires. If all | 141 |
|
requirements of sections 4703.01 to
4703.19
of
the Revised Code | 142 |
|
are met, the board may issue a
certificate of
authorization to the | 143 |
corporation. NoExcept for a corporation that was granted a | 144 |
|
charter prior to August 7, 1943, to engage in providing | 145 |
|
architectural services or that was otherwise lawfully providing | 146 |
|
architectural services prior to November 15, 1982, no certificate | 147 |
|
of authorization
shall be issued
unless persons owning more than | 148 |
|
fifty per cent of
the
corporation's shares and more than fifty | 149 |
|
per cent of the
interests
in the corporation are professional | 150 |
|
engineers,
surveyors,
architects, or landscape architects, or a | 151 |
|
combination
of those
professions, who are registered in this or | 152 |
|
any other
state. Any
corporation that holds a certificate of | 153 |
|
authorization
under this
section and otherwise meets the | 154 |
|
requirements of
sections 4703.01
to 4703.19 of the Revised Code | 155 |
|
may be organized
for any purposes
for which corporations may be | 156 |
|
organized under
Chapter 1701. of the
Revised Code and shall not be | 157 |
|
limited to the
purposes of providing
professional engineering, | 158 |
|
surveying,
architectural, or landscape
architectural services or | 159 |
|
any
combination of those professions.
The board, by rules adopted | 160 |
|
in
accordance with Chapter 119. of the
Revised Code, may require | 161 |
|
any
firm, partnership, association, or
limited liability company | 162 |
|
not
organized under Chapter 1701. of the
Revised Code that | 163 |
|
provides
architectural services to obtain a
certificate of | 164 |
|
authorization.
If the board so requires, no firm,
partnership, | 165 |
|
association, or
limited liability company shall
engage in | 166 |
|
providing architectural
services without obtaining the
certificate | 167 |
|
and complying with the
rules. | 168 |
| (B) The General Assembly hereby declares that, in repealing | 200 |
|
the exemption in division (H) of section 4703.18 of the Revised | 201 |
|
Code from sections 4703.01 to 4703.19 of the Revised Code to | 202 |
|
certain corporations authorized and in permitting those | 203 |
|
corporations to continue to provide architectural services if | 204 |
|
certain criteria are met, it is the General Assembly's intent to | 205 |
|
protect the safety and general welfare of the people of this | 206 |
|
state. The General Assembly further declares it is the policy of | 207 |
|
this state to require persons providing architectural services to | 208 |
|
comply with sections 4703.01 to 4703.19 of the Revised Code and to | 209 |
|
meet the quality standards that are included in those sections in | 210 |
|
order to maintain the provision of reliable architectural | 211 |
|
services. Consequently, the amendments made by this act are | 212 |
|
remedial and not punitive in nature. | 213 |