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STATE OF
OKLAHOMA
1st Session of the 50th
Legislature (2005)
SENATE BILL 2
By: Kerr
AS
INTRODUCED
An Act relating
to professions and occupations; amending 59 O.S. 2001, Section
46.3, which relates to the State Architectural Act; updating
outline; modifying definition; and providing an effective
date.
BE IT ENACTED BY
THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 2.
AMENDATORY 59 O.S. 2001, Section 46.3, is amended to read as
follows:
Section 46.3
A. As used in the State Architectural
Act:
1.
"Architect" means any person who engages in the practice of
architecture as hereinafter
defined.;
B. The
"practice 2. “Practice of architecture"
shall be defined as means rendering or
offering to render certain services, in connection with the design
and construction, enlargement or alteration of a building or a
group of buildings and the space surrounding such buildings,
including buildings which have as their principal purpose human
occupancy or habitation; the services referred to include planning,
providing preliminary studies, designs, drawings, specifications
and other technical submissions, the administration of construction
contracts, and the coordination of any elements of technical
submissions prepared by others including, as appropriate and
without limitation, consulting engineers and landscape architects;
provided, that the practice of architecture shall include such
other professional services as may be necessary for the rendering
of or offering to render architectural
services.;
C. 3. "Licensed architect" means an
architect holding a current license or certificate of registration
issued by the Board.;
D. 4. "Registration or licensure" means
a certificate of registration or licensure issued by the Board to a
person. The definition of "license" or "registration" shall be
synonymous.
E. A
"building" 5. “Building” means a
structure consisting of a foundation, walls, roof, with or without
other parts; provided, however, nothing in The State Architectural
Act shall be held or construed to have any application to any
building, or to the repairing or remodeling of any building, to be
used for one family residential purposes, duplexes, or
apartment houses not exceeding two stories in height, to any
warehouse, maintenance building, garage or storage building not
exceeding two stories in height, or to a hotel, lodge or fraternal
building not exceeding two stories in height, or to any farm
improvements, or industrial or commercial buildings not exceeding
two stories in height, nor to any school building where the
reasonably estimated total cost for the construction, where
structural changes are being made in remodeling or repairing of
such school building does not exceed the sum of Forty Thousand
Dollars ($40,000.00). A basement is not to be counted as a story
for the purpose of counting stories of a building for height
regulations. Provided, however, except in all towns with a
population of five thousand (5,000) or less according to the latest
Federal Decennial Census, it shall be unlawful for any person
other than an architect duly licensed as provided in The State
Architectural Act to engage in the planning, designing and
preparation of drawings and specifications for the alteration or
construction of any building to be used as an armory, auditorium,
assembly hall, convention hall, church, educational building,
convent, dormitory, gymnasium, hospital, library, bonded warehouse,
passenger station, power house, municipal building, county
building, state building, federal building, radio or television
station, stadium or theater where the reasonably estimated total
cost for construction, remodeling or repairing of such building
exceeds the sum of Forty Thousand Dollars
($40,000.00). One Hundred Thousand Dollars
($100,000.00);
F. 6. "Board" means the Board of
Governors of the Licensed Architects and Landscape Architects of
Oklahoma.;
G. 7. "Certificate of authority" means
the authorization granted by the Board for persons to practice or
offer to practice architecture or landscape architecture through a
partnership, firm, association, corporation, limited liability
company or limited liability
partnership.;
H. 8. "Technical submissions" means
designs, drawings, specifications, studies and other technical
reports prepared in the course of practicing
architecture.;
I. 9. "Responsible control" means the
amount of control and detailed knowledge of the content of
technical submissions during their preparation as is ordinarily
exercised by licensed architects applying the required professional
standard of care.;
J. 10. "Landscape architect" means a
person registered to practice landscape architecture as provided in
The State Architectural Act.;
and
K. 11. "Landscape architecture" means
the performance of professional services such as teaching,
consultations, investigations, reconnaissance, research, planning,
design, preparation of construction drawings and specifications,
and construction observation in connection with the arranging of
land and the elements thereon for public and private use and
enjoyment, including the design and layout of roadways, service
areas, parking areas, walkways, steps, ramps, pools, the location
of buildings and other structures, and the grading of the land,
surface and subsoil drainage, erosion control, planting,
reforestation, and the preservation of the natural landscape, in
accordance with accepted professional standards.
The practice of
landscape architecture shall include the location and arrangement
of such tangible objects and features as are incidental and
necessary to the purpose outlined for landscape architecture in The
State Architectural Act, but shall not include the design of
structures or facilities with separate and self contained
purposes for habitation or industry, or the design of public
streets, highways, utilities, storm and sanitary sewers and sewage
treatment facilities, such as are ordinarily included in the
practice of engineering or architecture.
SECTION 2. This
act shall become effective November 1, 2005.
50-1-74 LKS
02/04/200538387.85
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