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(127th General Assembly)
(Substitute Senate Bill Number 225)
AN ACT
To amend sections 125.22, 4703.01 to 4703.15,
4703.151, 4703.16, 4703.18, 4703.181, 4703.19,
4703.331, 4703.34, 4703.37, 4703.50, 4703.51, and
4703.52
of the
Revised Code to make changes to
the
Architects
Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 125.22, 4703.01, 4703.02, 4703.03,
4703.04, 4703.05, 4703.06, 4703.07, 4703.08, 4703.09, 4703.10,
4703.11, 4703.12, 4703.13, 4703.14, 4703.15, 4703.151, 4703.16,
4703.18, 4703.181, 4703.19, 4703.331, 4703.34, 4703.37, 4703.50,
4703.51,
and
4703.52 of the Revised
Code be amended to read as
follows:
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
support for the following boards and commissions:
(1) State board of examiners of architects Architects board;
(2) Barber board;
(3) State chiropractic board;
(4) State board of cosmetology;
(5) Accountancy board;
(6) State dental board;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic
trainers board;
(9) State board of registration for professional
engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15) Counselor, social worker, and marriage and family
therapist board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21) Chemical dependency professionals board.
(B)(1) Notwithstanding any other section of the Revised
Code,
the agency shall perform the following routine support
services
for the boards and commissions named in division (A) of
this
section unless the controlling board exempts a board or
commission
from this requirement on the recommendation of the
director of
administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions;
(e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any
professional
or occupational licensing board not named in
division (A) of this
section or any commission if the board or
commission requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed by the agency
in that fiscal year.
All receipts collected by the agency shall
be deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing services for the boards or
commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 4703.01. The governor shall appoint a state board of
examiners of an architects board, which board shall be composed of
five
architects who have been in active practice in the state for
not
less than ten years previous to their appointment.
At the expiration of the term of office of each of the
members the governor shall, with the advice and consent of the
senate appoint a successor. Terms of office shall be for five
years, commencing on the third day of October and ending on the
second day of October. Each member shall hold office from the
date
of his appointment until the end of the term for which he
was
appointed. The governor may, upon bona fide complaint and
for good
cause shown, after ten days' notice to the member
against whom
charges may be filed, and after opportunity for
hearing, remove
any member of said board for inefficiency,
neglect of duty, or
malfeasance in office. Any member appointed
to fill a vacancy
occurring prior to the expiration of the term
for which his the
member's predecessor was appointed shall hold
office for the
remainder of such term. Any member shall continue in office
subsequent to the expiration date of his the member's term until
his the member's successor
takes office, or until a period of
sixty days has elapsed,
whichever occurs first.
The members of said board shall, before entering upon the
discharge of their duties, subscribe to and file with the
secretary of state the constitutional oath of office.
Sec. 4703.02. The state board of examiners of architects
board shall organize by electing from its membership a president
and a
secretary, and also a vice-president and an assistant
secretary,
who shall act during absence or disability of the
president or
secretary respectively.
The board shall adopt all necessary rules, regulations, and
bylaws, not inconsistent with sections 4703.01 to 4703.19 of the
Revised Code and the constitutions and laws of this state or of
the United States, to govern its times and places of meeting for
organization and reorganization, for the holding of examinations,
and for fixing the length of the term of its officers. The
board,
under Chapter 119. of the Revised Code, may adopt,
promulgate, and
enforce rules governing the standards of
education, service,
conduct, and practice to be followed in the
practice of the
profession of architecture in the state,
including rules for the
enforcement of sections 4703.01 to
4703.19 of the Revised Code.
The board shall include among the rules
adopted governing the
standards of practice, requirements regarding financial
responsibility and professional liability insurance. The board may
adopt rules pertaining to the satisfactory completion of
continuing education requirements.
If the board adopts rules pertaining to continuing education
requirements, the board shall specify in the rules that the
continuing education requirements may be satisfied by coursework
or activities dealing with technical, ethical, or managerial
topics relevant to the practice of architecture and that a
registrant may earn continuing professional education hours by
completing or teaching university or college level coursework;
attending seminars, workshops, or conferences; authoring relevant
published papers, articles, or books; receiving patent awards;
actively participating in professional or technical societies
serving the architecture profession, or actively participating in
any other activity deemed relevant by the board. If the board
adopts rules pertaining to continuing education requirements, the
board shall, in general, follow model continuing education
recommendations established by the national council of
architectural registration boards or a similar successor
organization.
The board shall hold examinations not less than once
annually, shall issue to each successful examination applicant a
certificate
of qualification to practice architecture, and shall
impress on
each certificate issued the seal of the board.
The secretary of the board shall be responsible for keeping
a
true and complete record of all proceedings of the board. The
board may employ an executive secretary, investigators, and
clerical assistance it determines necessary.
Sec. 4703.03. (A) The state board of examiners of
architects
board shall enforce sections 4703.01 to 4703.19 of the
Revised
Code, may subpoena witnesses and records in connection
with its
investigations, and may incur such expenses as are
necessary.
(B) Each member of the board shall be entitled to receive,
as
a part of the expense of the board, an amount fixed pursuant
to
division (J) of section 124.15 of the Revised Code while
actually
engaged in attendance at meetings, in conducting
examinations, or
in the performance of his official duties.
(C) The members shall receive also, as a part of the
expense
of the board, the amount of actual traveling, hotel, and
other
necessary expenses incurred in the performance of their
duties.
(D) The secretary, executive secretary, and clerical
assistants of the board shall give bond to the state in such sum
as the board determines, but not less than three thousand
dollars,
conditioned upon the faithful discharge of their duties.
Premiums
for such bonds shall be paid by the board. Such bonds
with
approval of the board endorsed on them shall be deposited
with the
secretary of state and kept in his the secretary of
state's
office.
Sec. 4703.04. (A) The state board of examiners of architects
board shall file with the governor, after the close of each fiscal
year a full report of its operations as of the thirtieth day of
June of said year, together with a statement of receipts and
expenditures.
(B) A roster, showing the name, registration number, and
address of all architects registered and in good standing as of
the first day of April of each even-numbered year under sections
4703.01 to 4703.19 of the Revised Code, shall be prepared by the
board in each even-numbered year.
Sec. 4703.05. Three members of the state board of examiners
of architects
board shall constitute a quorum, but no action at
any meeting shall be taken without
at least three votes in accord;
and the regular and special meetings of the
board shall be called
and held in the manner and at the times and places
prescribed in
its rules.
Sec. 4703.06. (A) Any person shall, before engaging in the
practice of
architecture or before being styled or known as an
architect, secure from the
state board of examiners of architects
board a certificate of his the
person's qualifications to
practice
under the title of "architect," and be registered with the board.
Any person holding such certificate and being registered
pursuant to sections
4703.01 to 4703.19 of the Revised Code may be
styled or known as an architect
or as a registered architect.
No other person shall assume such title or use any
abbreviation, or any words,
letters, or figures, to indicate or
imply that he the person is
an architect or registered
architect,
except that persons may be authorized by the board to use the
specific title "intern
architect," "architectural intern," or
"emeritus architect" as
described in division (B) of this
section.
(B) The board may authorize by rule any person to use the
title "intern architect," "architectural intern," or "emeritus
architect." The board may adopt any rules the board deems
necessary
pertaining to intern architects, architectural interns,
and
emeritus architects, including, but not limited to, rules
pertaining to registration, registration fees, and renewal fees.
Sec. 4703.07. Unless certified and registered pursuant to
rules adopted under
section 4703.08 of the Revised Code, an
applicant for a certificate of qualification to practice
architecture shall:
(A) Be at least eighteen years of age;
(B) Be of good moral character;
(C) Submit satisfactory evidence of having obtained a
professional degree in architecture from a school having a
program
accredited by the national accrediting board recognized
by the
state board of examiners of architects board or other equivalent
architectural education as is recognized by the state board of
examiners of architects board;
(D) Complete the requirements for training under an
internship program established or adopted by the state board of
examiners of architects board, including, but not limited to,
design and
construction documents, construction administration and
office
management, or equivalent experience acceptable to the
board;
(E) Pass an examination as prescribed by the board.
Sec. 4703.08. The state board of examiners of architects
board shall adopt rules to certify and
register an applicant for a
certificate of qualification to practice architecture who provides
satisfactory evidence that
the
applicant meets all of the
following requirements:
(A) Is a
is licensed or registered as an architect in another
state or
jurisdiction where the qualifications required for
licensure
or registration were
equal, in the opinion of the board,
to those required in sections 4703.01 to
4703.19 of the Revised
Code, at the time of
the
applicant's original licensure or
registration in that state or jurisdiction;
(B) Holds, holds a current record certificate in good
standing issued by the
national council of architectural
registration boards;
(C) Is a licensed or registered architect in another state or
jurisdiction that extends reciprocity similar to that offered
under this
section, to architects who are, and wishes to be
registered in this state.
Sec. 4703.09. All examinations held under sections 4703.01
to 4703.19 of the
Revised Code, shall be conducted by the state
board of examiners of architects
board or its authorized
representatives at such times and places as may be
determined
by
the regulations established by the board, but not less than one
examination
for certificate of qualification to practice
architecture shall be held in
each
year.
Sec. 4703.10. If the applicant passes the examination under
section 4703.09
of
the Revised Code or in lieu of the examination
meets is, in the opinion of the
state board of examiners of
architects board, the requirements of eligible to register as an
architect pursuant to rules adopted under section 4703.08 of
the
Revised Code, and in addition has proven self to be
of good moral
character, the applicant is eligible to receive from the
state
board of examiners of
architects a certificate of qualification to
practice architecture. The
certificate shall be signed by the
president and secretary of the board and
shall bear the name of
the successful applicant, the successful
applicant's place of
business, the
serial number of the certificate, the seal of the
board, and the words,
"admitted to practice architecture in the
state of Ohio, the ..... day of
......., ...."
If the applicant fails the examination under section 4703.09
of the Revised
Code, the board may refuse to issue a certificate
of qualification to practice
architecture.
Sec. 4703.11. The state board of examiners of architects
board shall keep an
official register of all said certificates of
qualification to practice
architecture issued and of the renewals
of the same as provided in sections
4703.01 to 4703.19, inclusive,
of the Revised Code, which register shall be
properly indexed and
shall be open for public inspection and information.
Sec. 4703.12. (A) Each original certificate of qualification
to practice architecture issued and
registered shall authorize the
holder to practice architecture as
a registered architect
throughout this state from the date of
issuance until the last day
of December of the odd-numbered year
next
succeeding the date
upon
which the certificate was issued,
unless the certificate has
been
revoked or suspended for cause as
provided in section
4703.15 of
the Revised Code. Every holder of
such certificate or
its renewal
shall secure a seal of the design
prescribed by the
rules of the
state board of examiners of
architects board. All working
drawings
and specifications prepared by
or under the supervision
of the
holder shall be imprinted with
this seal. No person shall
seal any
document unless the person is
the holder of a certificate
currently in good standing.
(B) Each certificate of authorization issued under
division
(L) of section 4703.18 of the Revised Code shall
authorize the
holder to provide architectural services, through
the architect
designated as being in responsible charge of the
architectural
practice, from the date of issuance until the last
day of June
next succeeding the date upon which the certificate
was issued,
unless the certificate has been revoked or suspended
for cause as
provided in section 4703.15 of the Revised Code or has been
suspended pursuant to section 3123.47 of the Revised
Code.
Sec. 4703.13. (A) Each architect who holds a certificate of
qualification to practice architecture under sections 4703.01 to
4703.19 of the Revised
Code and who desires to continue the
practice of architecture
shall, before or during the month of
December
of each odd-numbered year, make application, together
with the renewal
fee provided in section 4703.16 of the Revised
Code, for a renewal of
the certificate, and demonstrate
satisfactory completion of any applicable continuing education
requirements adopted by the state board of examiners of architects
board under section 4703.02 of the Revised Code. The renewal shall
be pursuant to the standard
renewal procedure of sections 4745.01
to 4745.03 of the Revised
Code, except that renewal is required in
each odd-numbered year
instead of annually. Each certificate shall
be renewed for a term of
two years, and the renewal shall be
recorded in
the official register of the board.
(B) Each holder of a certificate of authorization to
provide
architectural services shall, before or during the month
of each
June preceding the year the holder desires to continue to
provide
architectural services, make application, together with
the
renewal fee provided in section 4703.16 of the Revised Code,
for a
renewal of the certificate. Each certificate shall be
renewed for
a term of one year except as provided in section
4703.12 of the
Revised Code.
Sec. 4703.14. Any holder of a certificate of qualification
to practice architecture that has expired
through failure to be
renewed as provided in section 4703.13 of the Revised
Code may
obtain a renewal of such certificate, at any time within one year
from
the date of its expiration, upon application to and with the
approval of the
state board of examiners of architects board. The
time for renewal of such expired
certificate may be extended at
the discretion of the board. A certificate
that
has lapsed for a
period of more than one year may be restored at the
discretion
of
the board upon payment of the required fee.
Sec. 4703.15. (A) The state board of examiners of architects
board may by three concurring votes deny renewal of, revoke, or
suspend
any certificate of qualification to practice architecture,
issued
or renewed under sections 4703.10, 4703.13, and 4703.14 of
the
Revised Code, or any certificate of authorization, issued or
renewed under sections 4703.13 and 4703.18 of the Revised Code,
if
proof satisfactory to the board is presented in any of the
following cases:
(1) In case it is shown that the certificate was obtained
by
fraud;
(2) In case the holder of the certificate has been found
guilty by the board or by a court of justice of any fraud or
deceit in the holder's professional practice, or has been
convicted of a
felony by a court of justice;
(3) In case the holder has been found guilty by the board
of
gross negligence, incompetency, or misconduct in the
performance
of the holder's services as an architect or in
the practice of
architecture;
(4) In case the holder of the certificate has been found
guilty by the board of signing plans for the construction of a
building as a "registered architect" where the holder is not
the
actual
architect of such building and where the holder is without
prior written
consent of the architect originating the design or
other
documents used in the plans;
(5) In case the holder of the certificate has been found
guilty by the board of aiding and abetting another person or
persons not properly registered as required by sections 4703.01
to
4703.19 of the Revised Code, in the performance of activities
that
in any manner or extent constitute the practice of
architecture.
At any time after the expiration of six months from the
date
of the revocation or suspension of a certificate, the
individual,
firm, partnership, association, or corporation may
apply for
reinstatement of the certificate. Upon showing that
all loss
caused by the individual, firm, partnership,
association, or
corporation whose certificate has been revoked or
suspended has
been fully satisfied and that all conditions
imposed by the
revocation or suspension decision have been
complied with, and
upon the payment of all costs incurred by the
board as a result of
the case at issue, the board, at its
discretion and upon evidence
that in its opinion would so
warrant, may restore the certificate.
(B) In addition to disciplinary action the board may take
against a certificate holder under division (A) of this section or
section 4703.151 of the Revised Code, the board may impose a fine
against a certificate holder who obtained a certificate by fraud
or who is found guilty of any act specified in divisions (A)(2) to
(A)(5) of this section or who violates any rule governing the
standards of service, conduct, and practice adopted pursuant to
section 4703.02 of the Revised Code. The fine imposed shall be not
more than one thousand dollars for each offense but shall not
exceed five thousand dollars regardless of the number of offenses
the certificate holder has committed between the time the fine is
imposed and the time any previous fine was imposed.
Sec. 4703.151. The state board of examiners of architects
board may revoke or
suspend licenses or reprimand licensees, and
may revoke or suspend the
certificate of authorization provided
for in division (L)
of section 4703.18 of the Revised Code, in
accordance with the seriousness of
the charge, for violation of
rules governing the standards of service,
conduct, and practice to
be followed in the practice of the profession of
architecture in
the state, as adopted by the board pursuant to Chapter 4703.
of
the Revised Code.
Sec. 4703.16. (A) The state board of examiners of
architects
board shall establish
the application fee for obtaining
registration under section
4703.07 and the fee for obtaining
registration under pursuant to section
4703.08 of the Revised
Code.
(B) The fee to restore a certificate of qualification to
practice architecture is
the
renewal fee for the current
certification period, plus
the renewal
fee for
each two-year
period in which the certificate was not
renewed, plus a
penalty of
ten per cent of the total renewal fees
the board establishes for
each
two-year period or part thereof in which the certificate
was
not
renewed, provided that the maximum fee shall not exceed
the
amount
established by the board.
(C) The board also shall establish the following fees:
(1) The fee for an original and duplicate certificate of
qualification to practice architecture and the biennial
renewal of
the certificate;
(2) The fee for a duplicate renewal card;
(3) The fee to restore a certificate of qualification to
practice architecture or
certificate of authorization revoked
under section 4703.15 of the
Revised Code or suspended under
section 3123.47 of
the
Revised
Code;
(4) The fee for an original and duplicate certificate of
authorization issued under division (L) of section 4703.18 of the
Revised Code and the annual renewal of the certificate;
(5) The fee to cover costs for checks or other instruments
returned to the board by financial institutions due to
insufficient funds.
Sec. 4703.18. (A) No person shall enter upon the practice
of
architecture or hold
forth as an
architect or
registered
architect, unless the person has complied
with
sections
4703.01 to
4703.19 of the Revised Code and is the
holder of a
certificate of
qualification to practice architecture
issued or
renewed and
registered under those sections.
(B) Sections 4703.01 to 4703.19 of the Revised Code do not
prevent persons other than architects from filing applications
for
building permits or obtaining those permits.
(C) Sections 4703.01 to 4703.19 of the
Revised Code do not
prevent persons other than
architects from preparing plans,
drawings, specifications, or data, filing
applications for
building permits, or obtaining those permits for
residential
buildings, as defined
by section
3781.06
of the
Revised Code, or
buildings erected as industrialized one-, two-,
or
three-family
units or
structures within the meaning of the term
"industrialized
unit"
as provided in section 3781.06 of the
Revised Code.
(D) Sections 4703.01 to 4703.19 of the Revised Code do not
prevent persons
other than architects from preparing drawings or
data, from
filing applications for building permits, or from
obtaining those permits for
the installation of replacement
equipment or systems that are similar in
type or capacity to the
equipment or systems being replaced, and for any
improvement,
alteration, repair, painting, decorating, or other
modification of
any buildings or structures subject to sections 3781.06 to
3781.18
and 3791.04 of the Revised Code where the building official
determines that no plans or specifications are
required for
approval.
(E) Sections 4703.01 to 4703.19 of the Revised Code do not
exclude a registered professional engineer from architectural
practice that may be incident to the practice of
engineering
or
exclude a registered architect from engineering
practice that may
be incident to the practice of architecture.
(F) Sections 4703.01 to 4703.19 of the Revised Code do not
prevent a firm, partnership, association, limited liability
company, or corporation of architects registered under those
sections from providing architectural services and do not prevent
an individual registered as a landscape architect under sections
4703.30 to 4703.49 of the Revised Code or as a professional
engineer under
Chapter 4733. of the Revised Code
from
being a
member or trustee of a firm, partnership, association, limited
liability company, or corporation of that type, but a member or
trustee of
that type shall not engage in the practice of
architecture or
hold
forth as an architect contrary to
sections
4703.01 to 4703.19 of the Revised Code and shall not practice a
profession in which the person is not licensed.
(G) A firm, partnership, association, limited liability
company, or corporation may provide architectural services in
this
state as long as the services are provided only through
natural
persons registered to provide those services in this
state,
subject to the exemptions in section 4703.17 of the
Revised Code
and subject otherwise to the requirements of
sections 4703.01 to
4703.19 of the Revised Code.
(H) No firm, partnership, association, limited liability
company, or corporation, except a corporation that was granted a
charter prior to August 7, 1943, to engage in providing
architectural services or that was otherwise lawfully providing
architectural services prior to November 15, 1982, shall provide
architectural services, hold itself out to the public as
providing
architectural services, or use a name including the
word
"architect" or any modification or derivation of the word,
unless
the firm, partnership, association, limited liability
company, or
corporation files all information required to be
filed under this
section with the state board of examiners of
architects board and
otherwise complies with all requirements of
sections 4703.01 to
4703.19 of the Revised Code. A nonprofit
membership corporation
may use a name including the word
"architect" or any modification
or derivation of the word without
complying with this section.
(I) A corporation may be organized under Chapter 1701. of
the
Revised Code, a professional association may be organized
under
Chapter 1785. of the Revised Code, or a limited liability
company
may be formed under Chapter 1705. of the Revised Code for
the
purpose of providing professional engineering, surveying,
architectural, or landscape architectural services, or any
combination of those services. A corporation organized under
Chapter 1701. of the Revised Code for the purpose of providing
those services also may be organized for any other purpose in
accordance with that chapter.
(J) No firm, partnership, association, limited liability
company, or corporation shall provide or offer to provide
architectural services in this state unless more than fifty per
cent of the partners, members, or shareholders, more than fifty
per cent of the directors in the case of a corporation or
professional association, and more than fifty per cent of the
managers in the case of a limited liability company the
management
of which is not reserved to its members, and more than fifty per
cent of the trustees in the case of an employee stock ownership
plan, are
professional
engineers, surveyors, architects, or
landscape
architects or a
combination of those professions, who
are
registered in this or any other state
and who own more than
fifty per cent of
the interests in the firm,
partnership,
association, limited
liability company, or
corporation; unless the
requirements of
this division and of
section 1785.02 of the
Revised Code are
satisfied with respect to
any professional
association organized
under Chapter 1785. of the
Revised Code; or
unless the
requirements of this division and of
Chapter 1705. of
the Revised
Code are satisfied with respect to a
limited liability
company
formed under that chapter.
(K) Each firm, partnership, association, limited liability
company, or corporation through which architectural services are
offered or provided in this state shall designate one or more
trustees, partners, managers, members, officers, or directors as
being in
responsible charge of the professional architectural
activities
and decisions, and those designated persons shall be
registered
in
this state. In the case of a corporation holding a
certificate of
authorization provided for in division (L) of this
section, at
least one of the persons so designated shall be a
director of the
corporation. Each firm, partnership,
association,
limited
liability company, or corporation of that
type shall
annually file
with the state board of examiners of
architects
board the name and
address of each trustee, partner, manager,
officer, director, member, or
shareholder, and each firm,
partnership, association, limited
liability company, or
corporation of that type shall annually file
with the board the
name and address of all persons designated as
being in
responsible
charge of the professional architectural
activities
and decisions
and any other information the board may
require.
If there is a
change in any such person in the interval
between
filings, the
change shall be filed with the board in the
manner
and within the
time that the board determines.
(L) No corporation organized under Chapter 1701. of the
Revised Code shall engage in providing architectural services in
this state without obtaining a certificate of authorization from
the state board of examiners of architects board. A corporation
desiring a certificate of authorization shall file with the board
a copy of its articles of incorporation and a listing on the form
that the board directs of the names and addresses of all
trustees,
officers,
directors, and shareholders of the corporation, the
names and
addresses of any individuals providing professional
services on
behalf of the corporation who are registered to
practice
architecture in this state, and any other information
the
board
requires. If all requirements of sections 4703.01 to
4703.19
of
the Revised Code are met, the board may issue a
certificate of
authorization to the corporation. No certificate
of authorization
shall be issued unless persons owning more than
fifty per cent of
the corporation's shares and more than fifty
per cent of the
interests in the corporation are professional
engineers,
surveyors, architects, or landscape architects, or a
combination
of those professions, who are registered in this or any other
state. Any
corporation that holds a certificate of authorization
under this
section and otherwise meets the requirements of
sections 4703.01
to 4703.19 of the Revised Code may be organized
for any purposes
for which corporations may be organized under
Chapter 1701. of the
Revised Code and shall not be limited to the
purposes of providing
professional engineering, surveying,
architectural, or landscape
architectural services or any
combination of those professions.
The board, by rules adopted in
accordance with Chapter 119. of the
Revised Code, may require any
firm, partnership, association, or
limited liability company not
organized under Chapter 1701. of the
Revised Code that provides
architectural services to obtain a
certificate of authorization.
If the board so requires, no firm,
partnership, association, or
limited liability company shall
engage in providing architectural
services without obtaining the
certificate and complying with the
rules.
(M) This section does not modify any law applicable to the
relationship between a person furnishing a professional service
and a person receiving that service, including liability arising
out of that service.
(N) Nothing in this section restricts or limits in any
manner
the authority or duty of the state board of examiners of
architects board with respect to natural persons providing
professional
services or any law or rule pertaining to standards
of
professional conduct.
Sec. 4703.181. The state board of examiners of architects
board may apply to a
court
of competent jurisdiction for relief by
injunction or restraining order to
enjoin or restrain a person,
firm, corporation, partnership, or any other
group
or combination
of persons from the commission of any act which is prohibited
by
sections 4703.01 to 4703.19 of the Revised Code, or by rules
governing the
standards of service, conduct, and practice to be
followed in the practice of
the profession of architecture in the
state, as adopted by the board under
Chapter 4703. of the Revised
Code.
The remedy provided by this section shall be in addition to
any other remedy
provided by law.
Sec. 4703.19. The attorney general is hereby designated as
the legal advisor
of the state board of examiners of architects
board.
Any person having knowledge of facts leading to the belief
that a violation of
division (A) of section 4703.18 of the Revised
Code has occurred, may file an
affidavit stating such facts with
the prosecuting attorney of the county in
which such alleged
violation occurred, for the purpose of having a complaint
filed by
such prosecuting attorney.
Sec. 4703.331. (A) A firm, partnership, association, limited
liability
company, or
corporation may provide landscape
architectural services in this
state as long as the services are
provided only through natural
persons registered to provide those
services in this state and
subject to the requirements of this
chapter.
(B) No firm, partnership, association, limited liability
company, or
corporation
shall provide landscape architectural
services, hold itself out
to the public as providing landscape
architectural services, or
use a name including the word
"landscape architect" or any
modification or derivation of the
word, unless the firm, partnership,
association, limited liability
company, or corporation files all information
required to be
filed
under this section with the state board of landscape
architect
examiners and otherwise complies with all requirements
of this
chapter. A nonprofit membership corporation may use a
name
including the word "landscape architect" or any
modification or
derivation of the word without complying with this
section.
(C) A corporation may be organized under Chapter 1701. of
the
Revised Code, a professional association may be organized
under
Chapter 1785. of the Revised Code, or a limited liability company
may be
formed under Chapter 1705. of the Revised Code for the
purpose of
providing professional engineering, surveying,
architectural, or
landscape architectural services, or any
combination of those services. A
corporation organized under
Chapter 1701. of the Revised Code for
the purpose of providing
those services also may be organized for
any other purpose in
accordance with that chapter.
(D) No firm, partnership, association, limited liability
company, or
corporation
shall provide or offer to provide
landscape architectural
services in this state unless more than
fifty per cent of the
partners, members, or shareholders, more
than fifty per cent
of the directors in the case of a corporation
or professional
association, and more than fifty per cent of the
managers in the case of a
limited liability company the management
of which is not reserved to its
members, and more than fifty per
cent of the trustees in the case of an employee stock ownership
plan, are professional engineers, surveyors, architects, or
landscape architects or a combination of those professions, who
are registered
in this or any other state and who own more than
fifty per cent
of the
interests in the firm, partnership,
association, limited
liability company, or
corporation; unless
the requirements of this
division and of section 1785.02
of the
Revised Code
are satisfied
with respect to any professional
association organized
under
Chapter 1785. of the Revised Code; or
unless the requirements of
this
division and of Chapter 1705. of
the
Revised Code are
satisfied with respect to a limited
liability company formed
under
that chapter.
(E) Each firm, partnership, association, limited liability
company, or
corporation
through which landscape architectural
services are offered or
provided in this state shall designate one
or more trustees, partners,
managers, members, officers, or
directors as being in responsible charge
of the professional
landscape architectural activities and
decisions, and those
designated persons shall be registered in
this state. In the case
of a corporation holding a certificate
of authorization provided
for in division (F) of this section, at
least one of the persons
so designated shall be a director of the
corporation. Each firm,
partnership, association, limited liability company,
or
corporation of that type shall annually file with the state board
of landscape
architect examiners the name and address of each
trustees, partner,
manager, officer, director, member, or
shareholder, and each firm,
partnership, association, limited
liability company, or corporation of that
type shall annually
file
with the board the name and address of all persons
designated as
being in responsible charge of the professional
landscape
architectural activities and decisions and any other
information
the board may require. If there is a change in any
such person in
the interval between filings, the change shall be
filed with the
board in the manner and within the time that the
board determines.
(F) No corporation organized under Chapter 1701. of the
Revised Code shall engage in providing landscape architectural
services in this state without obtaining a certificate of
authorization from the state board of landscape architect
examiners. A corporation desiring a certificate of authorization
shall file with the board a copy of its articles of incorporation
and a listing on the form that the board directs of the names
and
addresses of all trustees, officers, directors, and shareholders
of the
corporation, the names and addresses of any individuals
providing
professional services on behalf of the corporation who
are
registered to practice landscape architecture in this state,
and
any other information the board requires. If all requirements
of
this chapter are met, the board may issue a certificate of
authorization to the corporation. No certificate of
authorization
shall be issued unless persons owning more than
fifty per cent of
the corporation's shares and more than fifty
per cent of the
interests in the corporation are professional
engineers,
surveyors, architects, or landscape architects, or a
combination
of those professions, who are registered in this or any other
state. Any
corporation that holds a certificate of authorization
under this
section and otherwise meets the requirements of this
chapter may
be organized for any purposes for which corporations
may be
organized under Chapter 1701. of the Revised Code and
shall not be
limited to the purposes of providing professional
engineering,
surveying, architectural, or landscape architectural
services or
any combination of those services. The board, by
rules
adopted in
accordance with Chapter 119. of the Revised
Code,
may require any
firm, partnership, association, or limited
liability company
not
organized under
Chapter 1701. of the
Revised Code that provides
landscape
architectural services to
obtain a certificate of
authorization. If the board
so requires,
no firm, partnership,
association,
or limited liability company
shall engage in
providing landscape architectural
services
without obtaining the
certificate and complying with the rules.
(G) This section does not modify any law applicable to the
relationship between a person furnishing a professional service
and
a person receiving that service, including liability arising
out
of that service.
(H) Nothing in this section shall restrict or limit in any
manner the authority or duty of the state board of landscape
architect examiners with respect to natural persons providing
professional services or any law or rule pertaining to standards
of professional conduct.
Sec. 4703.34. (A) Any individual desiring to be
registered
as a landscape architect may apply in writing to the
state board
of landscape architect examiners in the manner
prescribed by the
board.
(B) Except as provided in section 4703.35 of the Revised
Code, each application shall include, or be accompanied by,
evidence given under oath or affirmation and satisfactory to the
board that the applicant possesses the qualifications prescribed
by division (C) of this section
and also possesses, or is in the
process of obtaining, one of the qualifications required by
division (D) of this section. Each applicant shall include in
the
application a request for examination.
The board shall permit
an
applicant who is in the process of completing the requirement
specified in division (D) of this section to take an examination,
but the board shall not register such an applicant until the
applicant completes the requirement.
(C) Except as provided in section 4703.35 of the Revised
Code, each applicant for registration as a landscape architect
shall pass, to the satisfaction of the board, an examination
conducted under the authority of the board to determine the
fitness of the applicant for registration.
The applicant
shall
be
at least eighteen years of age
and of good moral
character
and
shall
have obtained a professional degree in landscape
architecture
from a program
accredited
by the
national
landscape
architect
accrediting board.
(D) In addition to the qualifications required by division
(C) of this section, the applicant shall meet either of the
following requirements:
(1) Has completed
three years of practical experience in
the
office of or and under the direct supervision of a registered
landscape architect who is actively involved in the practice of
landscape architecture, or equivalent experience, as determined
by
the board, provided
that at least one year of the
practical
experience or its equivalent as required by
division
(D)(1)
of
this section shall have been completed by
the
applicant subsequent
to
the completion of the educational
requirements established by
division (C) of this section;
(2) Has completed the requirements for training under an
internship
program established pursuant to rules adopted by the
board that
includes,
but is not limited to, training in
design and
construction documents and
construction administration and office
management, or has equivalent
experience that is acceptable to the
board.
Sec. 4703.37. (A) The state board of landscape architect
examiners shall establish an application fee for obtaining
registration under
section 4703.34 of the Revised Code
and a fee
for obtaining registration under section 4703.35 of the
Revised
Code.
(B) The fee to restore an expired certificate of
qualification is
the renewal fee for the current certification
period, plus the renewal fee for
each previous renewal period in
which the
certificate was not renewed, plus a penalty of
twenty-five per cent of the
total renewal fees for each renewal
period or part thereof in
which the certificate was not renewed,
on the condition that the
maximum fee shall not exceed an amount
established by the board.
(C) The board also shall establish the following fees:
(1) The fee for taking or
retaking the examination described
in division (C) of
section 4703.34 of the Revised Code at an
amount
adequate to cover the expenses of procuring and grading
the
examination plus a fee for retaking all or parts of the
required
examination.
(2) The fee for a certificate of qualification or duplicate
thereof, as issued to a landscape architect registered under
sections 4703.33 to 4703.38 of the Revised Code.
(3) The fee for the biennial renewal of the certificate of
qualification and the fee for a duplicate renewal card.
(4) The fee to be charged an
examinee for administering an
examination to the examinee on
behalf of another jurisdiction.
(5) The fee for a certificate of
authorization issued under
division (F) of section 4703.331 of
the Revised Code, the fee for
annual renewal of a
certificate of authorization, and the fee for
a
duplicate certificate of authorization.
(6) The fee to cover costs for checks or other instruments
returned to the board by financial institutions due to
insufficient funds.
Sec. 4703.50. All receipts of the state board of examiners
of architects board and
state board of landscape architect
examiners shall be deposited in the state
treasury to the credit
of the occupational licensing and regulatory fund. All
expenditures of the boards shall be paid pursuant to vouchers
approved by the
secretary or executive secretary of the state
board of examiners of
architects board,
or both, as authorized by
the board.
Sec. 4703.51. The state board of examiners of architects
board, subject to the
approval of the controlling board and except
for fees required to be
established by the board at amounts
"adequate" to cover designated expenses,
may establish fees in
excess of the amounts provided in sections 4703.01 to
4703.19 of
the Revised Code, provided that such fees do not exceed the
amounts
specified by these sections by more than fifty per cent.
Sec. 4703.52. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the state board of
examiners of
architects board and
the state board of landscape architects
examiners
shall comply with
sections 3123.41 to 3123.50 of the
Revised Code
and any applicable rules adopted under
section
3123.63 of the
Revised Code
with respect to a certificate issued
pursuant to this
chapter.
SECTION 2. That existing sections 125.22, 4703.01, 4703.02,
4703.03, 4703.04, 4703.05, 4703.06, 4703.07, 4703.08, 4703.09,
4703.10, 4703.11, 4703.12, 4703.13, 4703.14, 4703.15, 4703.151,
4703.16, 4703.18, 4703.181, 4703.19, 4703.331, 4703.34, 4703.37,
4703.50,
4703.51, and 4703.52 of the Revised Code are hereby
repealed.
SECTION 3. Section 125.22 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 374 and Am. Sub. H.B. 496 of
the 124th General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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