Pennsylvania Act 2024-144 — ARCHITECTS LICENSURE LAW - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-144

SB 1319

AN ACT

Amending the act of December 14, 1982 (P.L.1227, No.281), entitled "An act regulating the practice of architecture in the Commonwealth of Pennsylvania; providing for the examination and licensure of architects by a State Architects Licensure Board; and providing penalties," further providing for title of act, for short title, for declaration of purpose, for definitions, for creation of board and appointment and term of members and officers, for organization of board, for powers of board, for duties of board, for examination and qualification of applicants, for reciprocal licensing, for issuance and renewal of certificates, for payment and disposition of fees and for seal of architect; providing for architectural firm registration and for architectural firm names; further providing for permitted practices, for existing licenses, for existing rules and regulations and for unauthorized practice prohibited; providing for certification of interior designers; further providing for disciplinary proceedings, for penalties and for complaint procedure and hearings; providing for regulations; further providing for severability, for repeals and for effective date; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title of the act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law, is amended to read:

AN ACT

Regulating the practice of architecture and the provision of interior design services as a certified interior designer in the Commonwealth of Pennsylvania; providing for the examination and licensure of architects and the certification of interior designers by a State Architects Licensure Board; and providing penalties.

Section 2. The act is amended by adding a chapter heading to read:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 3. Section 1 of the act is renumbered to read:

Section [1] 101 . Short title.

This act shall be known and may be cited as the "Architects Licensure Law."

Section 4. Sections 2 and 3 of the act are amended to read:

Section [2] 102 . Declaration of purpose.

In order to protect the health, safety and property of the people of the Commonwealth of Pennsylvania and to promote their welfare, no person shall engage in the practice of architecture or provide interior design services as a certified interior designer in this Commonwealth except in compliance with the requirements of this act.

Section [3] 103 . Definitions.

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Accredited school." Any educational institution with an academic program in architecture or interior design services accredited by a national [architectural] accrediting body or approved by the board.

"Architect." An individual licensed under this act to engage in the practice of architecture within the Commonwealth of Pennsylvania.

"Board." The Architects Licensure Board established by this act.

"Certificate." The certificate [of licensure] issued by the board under Chapter 7 indicating that the individual named [therein is an architect] is a certified interior designer .

"Certified interior designer." An individual who is certified under this act to provide interior design services.

"Continuing education." Postlicensure or postcertification learning that enables an architect or certified interior designer to increase or update knowledge and competency in technical and professional subjects related to the practice of architecture or provision of interior design services, respectively.

"Design-build." A project delivery method whereby a design-build entity signs a single contract to provide a combination of architectural and construction services to a client.

"Design-build entity." An entity which provides by single contract to a client a combination of architectural and construction services.

"Interior design services." The rendering or offering to render services in the preparation and administration of documents, including drawings, schedules and specifications which pertain to the design intent and planning of interior spaces, including furnishings, layout, fixtures, cabinetry, lighting and device location and type, finishes, materials and interior construction not materially related to or materially affecting the building systems. The term does not include the practice of architecture.

"License." The license issued by the board under Chapter 5 indicating that the individual named is authorized to engage in the practice of architecture as an architect.

"Practice of architecture." The rendering or offering to render certain services, hereinafter described, in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. The services referred to in the previous sentence include planning, providing preliminary studies, designs, drawings, specifications, and other design documents, construction management and administration of construction contracts. The foregoing shall not be deemed to include the practice of engineering as such, for which separate registration is required under the provisions of the act of May 23, 1945 (P.L.913, No.367), known as the ["Professional Engineers Registration Law,"] "Engineer, Land Surveyor and Geologist Registration Law," excepting only engineering work incidental to the practice of architecture.

"Professional degree." A first professional degree in architecture conferred by an accredited school.

Section 5. The act is amended by adding a chapter heading to read:

CHAPTER 3

ARCHITECTS LICENSURE BOARD

Section 6. Sections 4, 5, 6 and 7 of the act are amended to read:

Section [4] 301 . Creation of board; appointment and term of members and officers.

(a) There is hereby established an Architects Licensure Board which shall consist of the Commissioner of Professional and Occupational Affairs, the Director of the Bureau of Consumer Protection in the Office of Attorney General, or [his designee, two members who shall represent the public at large] the director's d esignee, two members who shall represent the public at large, one member who shall be a certified interior designer , and [five] seven members, all of whom shall be architects, who have been in the active practice of architecture in the Commonwealth of Pennsylvania for not less than seven years prior to their appointment.

(b) Each professional and public member of the board shall be appointed by the Governor with the advice and consent of the Senate. The confirmed members of the State Board of Examiners of Architects constituted under the act of July 12, 1919 (P.L.933, No.369), referred to as the Architects Registration Law, who were members on December 14, 1982, and the presently confirmed members of the [Architects Licensure Board] board constituted under this act as of December 31, 1983, shall continue to serve as board members until their terms of office expire but not longer than six months beyond the expiration of such term. In the event that any of said members shall die or resign during his term of office, his successor shall be appointed in the same way and with the same qualifications as above set forth and shall hold office for the unexpired term. When terms of the present board members expire, the next term of succeeding board members shall be designated to expire at different times so that one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years, one member shall be appointed for a term of four years, and one member shall be appointed for a full term of five years. Successive terms shall be four years or until his successor is appointed and qualified.

(c) A member appointed for a full term shall not be eligible for more than two consecutive full terms.

(d) Each member of the board shall take and subscribe to the oath of office generally required of State officials.

(e) A member of the board who fails to attend three consecutive meetings shall forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of an immediate family member.

(f) The board is subject to evaluation, review and termination within the time and in the manner provided in the act of December 22, 1981 (P.L.508, No.142), known as the "Sunset Act."

(g) [Five] Seven members of the board shall constitute a quorum.

Section [5] 302 . Organization of board.

(a) An organizational meeting of the board shall be held annually at which time the board shall elect from its membership a president, a vice president and a secretary, who shall serve for one year or until their successors are duly elected. The board may meet at least once a month and at other times as the board, in consultation with the Commissioner of Professional and Occupational Affairs, deems desirable. Other meetings of the board may be called in accordance with rules and regulations promulgated by the board. Adequate public notice of the time and place of meetings of the board shall be given.

(b) Should a vacancy in the office of president, vice president or secretary of the board occur, the remaining members of the board shall fill such vacancy by election.

(c) The majority of the board shall constitute a quorum for the transaction of all business, but no action shall be taken at any meeting without the majority of the current board membership in accord.

(d) Each professional and public member of the board shall be paid reasonable traveling, hotel and other necessary expenses and per diem compensation at the rate of $60 for each day of actual service while on board business.

Section [6] 303 . Powers of board.

(a) The board may establish reasonable rules and regulations to carry out the provisions of this act.

(b) The board may establish, by regulations consistent with the policy contained in this act, standards of professional conduct for architects and certified interior designers .

(c) The board shall schedule examinations in compliance with the provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," for individuals applying for licenses or certificates at least once each year, provided the architect applicants are qualified under [sections 8 and 9] Chapter 5 and the certified interior designer applicants are qualified under Chapter 7 . The board may establish such rules and regulations consistent with this act for the examination of applicants as it deems appropriate.

(d) The board shall issue [certificates] licenses to individuals who have qualified to engage in the practice of architecture and certificates to individuals who have qualified to engage in interior design services as certified interior designers under the provisions of this act. The board may establish such rules and regulations consistent with this act for the issuance and renewal of licenses and certificates as it deems appropriate, including rules for the issuance of licenses and certificates by reciprocity.

(e) The board shall have the power to administer and enforce the laws of the Commonwealth of Pennsylvania relating to the practice of architecture and the provision of interior design services as a certified interior designer and to instruct and require its agents to initiate appropriate proceedings for unauthorized and unlawful practice.

(f) The board shall have the power to take disciplinary action as described in this act. In all disciplinary proceedings brought pursuant to this act, the board shall have the power to administer oaths, to summon witnesses, and to compel the production of documents in accordance with law. Upon the failure of any person to appear or produce documents in accordance with the board's order, the board may take appropriate action in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the "Commonwealth Attorneys Act," to enforce compliance.

(g) The board shall have the power to take appropriate actions to initiate injunction and criminal prosecution proceedings in connection with the unlawful and unauthorized practice of architecture or the provision of interior design services as a certified interior designer or other violations of this act. Injunction and criminal proceedings shall be instituted in accordance with the "Commonwealth Attorneys Act."

(h) The board shall have the power to appoint, with the approval of the Governor, such hearing examiners as shall be necessary to conduct hearings as may be required under section [21] 903 . The board shall have the power to adopt and promulgate rules and regulations setting forth the functions, powers, standards and duties to be followed by its hearing examiners.

Section [7] 304 . Duties of board.

(a) The board shall keep a record of its proceedings and the board shall keep records relating to applications. Records relating to applications shall include the name, age and last known address of each applicant for licensure or certification , information concerning each applicant's education, experience and other qualifications, the text of all examinations administered and the results thereof and such other information as the board deems appropriate. The records of the board shall be prima facie evidence in the proceedings and a certified transcript by the secretary shall be admissible in evidence with the same force and effect as if the original were produced.

(b) The board shall maintain an up-to-date roster showing the names and addresses of the places of business of all [architects licensed] licensed architects and certified interior designers under this act, and under prior laws, and licensed or certified by the board, which roster shall be published in booklet form by the board every five years. In the interim years following the publishing of the complete roster, the board shall each year publish a supplemental roster containing the name, license or certification numbers where applicable, and addresses of all [architects licensed] licensed architects and certified interior designers by the board subsequent to the publishing of the last published roster or supplemental roster.

(c) The board shall maintain records relating to all [architects licensed] licensed architects and certified interior designers in the Commonwealth of Pennsylvania. Such records shall include all information directly related to the practice of architecture and the provision of interior design services by certified interior designers as defined herein.

(d) Annually at the end of its fiscal year, the board shall submit to the Commissioner of Professional and Occupational Affairs a report of its activities and transactions of the preceding year. The board shall also submit to the Commissioner of Professional and Occupational Affairs and to the House and Senate Appropriations Committees, 15 days after the Governor has submitted his budget to the General Assembly, a proposed budget request for its operation for the succeeding fiscal year.

(e) The board shall submit annually a report to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate a description of the types of complaints received, status of cases, board action which has been taken and the length of time from the initial complaint to final board resolution.

Section 7. The act is amended by adding a chapter heading to read:

CHAPTER 5

LICENSURE OF ARCHITECTS

Section 8. Sections 8, 9, 10, 11, 12 and 13 of the act are amended to read:

Section [8] 501 . Examination and qualification of architect applicants.

(a) Any individual of good character, who is a legal resident of Pennsylvania or who is in the employ of or under the direct supervision of an architect licensed with the board and who maintains a practice in the Commonwealth of Pennsylvania under a permanent Pennsylvania business address may apply for a [certificate] license under this act. An individual may not practice architecture or use the title of architect in this Commonwealth without being issued a license by the board under this chapter.

(a.1) In assessing the character of an applicant under this section with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113 (relating to consideration of criminal convictions).

(b) Each applicant for a [certificate] license shall submit evidence satisfactory to the board that the applicant holds a professional degree in architecture from an accredited school and has obtained at least three years' practical experience in the employ of or under the direct supervision of a [registered] licensed architect or as part of the applicant's academic training. In lieu of a professional degree in architecture, the board may accept evidence of at least six years' practical experience obtained in the employ of or under the direct supervision of a [registered] licensed architect which may include academic training. The board may require that applicants who do not hold a professional degree in architecture must first pass a qualifying examination before being admitted to the licensing examination described in subsection (c). The board may at its discretion adopt as its standards for minimum education and experience, the current guidelines on education, training and experience equivalents adopted by the National Council of Architectural Registration Boards.

(c) Each applicant for licensing who satisfies subsections (a) and (b) shall submit to a licensing examination. The examination shall cover such technical and professional subjects and shall be graded on such basis as the board shall by regulation prescribe. The board may at its discretion adopt the examination and recommended grading procedures adopted by the National Council of Architectural Registration Boards.

(d) The board may require applicants under this section and section [9] 502 to appear for a personal interview.

Section [9] 502 . Reciprocal architect licensing.

(a) The board may issue a [certificate] license , without examination, to any individual who is registered , licensed or certified as an architect in another state or country where the qualifications required are equivalent to those required in this State. The possession of a certificate from the National Council of Architectural Registration Boards shall be prima facie evidence that the individual meets the qualifications required in this State.

(b) The board may issue a [certificate] license to individuals who have lawfully practiced architecture in another state or country for a period of more than ten years if such individual achieves a satisfactory score on a practical examination of a nature determined by the board.

(c) A resident of another state who is licensed to engage in the practice of architecture in the state where [his] the resident's office is located may offer to perform architectural services in the Commonwealth of Pennsylvania without first obtaining a [certificate] license . Architectural services, however, may not actually be performed by a nonresident architect until a [certificate] license is obtained.

(d) An individual who is licensed to engage in the practice of architecture in a foreign country where [his] the individual's office is located and in addition holds a National Council of Architectural Registration Boards certificate may be admitted to this Commonwealth for the purpose of offering to perform architectural services and for that purpose only without first obtaining a [certificate] license . Architectural services, however, may not actually be performed by a foreign architect until a [certificate] license is obtained.

Section [10] 503 . Issuance and renewal of [certificates] architect licenses .

(a) Upon payment of the fees required by section [11] 504 , an individual who has complied with section [8 or 9] 501 or 502 shall be entitled to a [certificate] license indicating that [he] the individual is qualified to engage in the practice of architecture in this Commonwealth. Each [certificate] license shall contain the name of the individual to whom it was issued and shall be valid for a period of two years.

(b) Every [certificate] license shall expire on the day prescribed by rules and regulations promulgated by the board. An architect may renew [his certificate] the architect's license by paying the renewal fee required by section [11(c)] 504(c) . If the licensee fails to pay the renewal fee when required and fails to notify the board of [his or her] the licensee's intention not to practice architecture, [his certificate and his right] the license and the right to practice architecture shall expire. An architect who fails to renew [his certificate] the architect's license may not engage in the practice of architecture and may not thereafter renew [his certificate] the license except upon payment of the renewal fee, penalty fee and the restoration fee required by section [11(c)] 504(c) .

(c) A duplicate [certificate] license to replace one which has been lost, destroyed or mutilated may be issued by the board upon payment of the fee required by section [11(d)] 504(c) . The board reserves the right to require architects requesting duplicate [certificates] licenses to furnish documentation satisfactory to the board relative to loss, destruction or mutilation of original [certificate] license .

(d) [Certificates] Licenses issued to architects shall not be transferable.

(e) As a condition of biennial renewal, an architect shall provide the board with documentation of successful completion of a minimum of 24 hours of continuing education in the subject areas of health, safety and welfare.

(f) A licensee of another jurisdiction where the licensee's primary practice is located shall be deemed to have satisfied the continuing education requirement under subsection (e) if the licensee documents the completion of any continuing education requirement in the jurisdiction of the licensee's primary practice with the board.

(g) A licensee shall ensure that documentation of successful completion of the continuing education requirement under subsection (e) is properly signed as being correct and true.

(h) An individual who is applying for initial licensure to engage in the practice of architecture shall be exempt from the continuing education requirement under subsection (e) during the initial licensure period.

(i) The board may waive all or part of the continuing education requirement under subsection (e) for a licensee who provides evidence satisfactory to the board that the licensee is unable to complete the requirement due to illness, emergency, hardship or active military service.

(j) The board may not approve courses in office management or practice building for the purpose specified under subsection (e).

(k) The board may preapprove continuing education providers and courses for the purpose specified under subsection (e).

(l) The board may promulgate regulations for the continuing education of architects to demonstrate competence to practice architecture for the purpose specified under subsection (e).

Section [11] 504 . Payment and disposition of architect licensing fees.

(a) All fees required under the provisions of this act shall be fixed by the board by regulation and shall be subject to review in accordance with the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act." If the revenues generated by fees, fines and civil penalties imposed in accordance with the provisions of this act are not sufficient to match expenditures over a two-year period, the board shall increase those fees by regulation, subject to review in accordance with the "Regulatory Review Act," such that projected revenues will meet or exceed projected expenditures.

(b) If the Bureau of Professional and Occupational Affairs determines that the fees established by the board are inadequate to meet the minimum enforcement efforts required, then the bureau, after consultation with the board, shall increase the fees by regulation, subject to review in accordance with the "Regulatory Review Act," such that adequate revenues are raised to meet the required enforcement effort.

(c) Fees shall be collected and appropriated in accordance with the act of July 1, 1978 (P.L.700, No.124), known as the "Bureau of Professional and Occupational Affairs Fee Act."

Section [12] 505 . Seal of architect.

(a) Every architect shall obtain a seal approved by rules and regulations promulgated by the board and shall impress said seal on drawings, specifications and other design documents prepared by the individual or under the architect's personal supervision for use in this State. An architect who impresses [his] the architect's seal or knowingly permits it to be impressed on drawings, specifications or other design documents which were not prepared by [him] the architect or under [his] the architect's personal supervision shall be guilty of a violation of this act and shall be subject to the penalties provided herein. Any person who impresses an architect's seal or knowingly permits it to be impressed on drawings, specifications or other design documents after the architect's [certificate] license has expired, or has been revoked, annulled or suspended, shall be guilty of a violation of this act and shall be subject to the penalties provided herein.

(b) A stamp of design identical to the prescribed seal may be used in lieu of a seal.

(c) Upon the forfeiture, revocation, suspension or annulment of a [certificate,] license or upon expiration of a [certificate] license without renewal, an architect shall surrender [his or her] the architect's seal or stamp to the board. Upon the death of an architect, [his] the architect's personal representative shall surrender said seal or stamp to the board in accordance with rules and regulations promulgated by the board. The board shall have the power to take appropriate action, in accordance with the "Commonwealth Attorneys Act," to enforce this subsection.

Section [13. Firm practice.] 506. Architectural firm registration.

(a) An individual architect or a group of architects in Pennsylvania may practice architecture in one of the following forms of architectural firms:

(1) sole proprietorship;

(2) partnership;

(3) professional association;

(4) professional corporation;

(5) business corporation;

(6) limited liability company; or

(7) limited liability partnership.

(b) A partnership may engage in the practice of architecture in Pennsylvania provided it complies with the provisions of 15 Pa.C.S. Ch. 83 (relating to general partnerships) and that it also satisfies the following requirements:

(1) At least two-thirds of the partners are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(2) At least one-third of the partners are licensed under the laws of any state to practice architecture.

(c) A professional association may engage in the practice of architecture in Pennsylvania provided it complies with the provisions of 15 Pa.C.S. Ch. 93 (relating to professional associations) and must also satisfy the following requirements:

(1) At least two-thirds of the members of the board of governors are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(2) At least one-third of the members of the board of governors are licensed under the laws of any state to practice architecture.

(d) A professional corporation shall comply with the provisions of 15 Pa.C.S. Ch. 29 (relating to professional corporations).

(e) A business corporation may engage in the practice of architecture in Pennsylvania, provided that it complies with the provisions of 15 Pa.C.S. Pt. II Subpt. B (relating to business corporations) and that it also satisfies the following requirements:

(1) At least two-thirds of the directors are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(2) At least one-third of the directors are licensed under the laws of any state to practice architecture.

(3) At least two-thirds of all classes of voting stock issued and outstanding at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(4) At least one-third of all classes of voting stock issued and outstanding at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture.

(f) A limited liability company may engage in the practice of architecture in this Commonwealth provided that it complies with the provisions of 15 Pa.C.S. Ch. 89 (relating to limited liability companies) and that it also satisfies the following requirements:

(1) At least two-thirds of the members if managed by members or at least two-thirds of the managers if managed by managers are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(2) At least one-third of the members if managed by members or at least one-third of the managers if managed by managers are licensed under the laws of any state to practice architecture.

(3) At least two-thirds of all classes of voting membership at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(4) At least one-third of all classes of voting membership at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture.

(g) A partnership which has elected to be a limited liability partnership and to be governed by the provisions of 15 Pa.C.S. Ch. 82 (relating to registered limited liability partnerships) may engage in the practice of architecture in this Commonwealth provided it complies with the provisions of 15 Pa.C.S. Ch. 82 and that it also satisfies the following requirements:

(1) At least two-thirds of the partners are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(2) At least one-third of the partners are licensed under the laws of any state to practice architecture.

(h) A partnership, professional association, corporation, limited liability company or limited liability partnership engaged in the practice of architecture having fewer than three partners, governors, shareholders or directors, members or managers under this section shall have at least one partner, governor, shareholder or director, member or manager who is an individual duly certified to practice architecture in the Commonwealth pursuant to this act.

(i) Each project undertaken by a firm engaged in the practice of architecture in the Commonwealth of Pennsylvania must be under the personal supervision of a partner in the case of a partnership or limited liability partnership, a member of the board of governors in the case of a professional association, a shareholder in the case of a professional corporation, a director in the case of a business corporation or member or manager in the case of limited liability company who holds a [certificate] license to engage in the practice of architecture in this Commonwealth pursuant to this act. The seal of such individuals must appear on all drawings, specifications and other design documents issued by the firm for such projects.

(j) The board shall by promulgation of rules and regulations, require any partnership, professional association, professional corporation, business corporation, limited liability company or limited liability partnership practicing architecture in this State to file with the board information concerning its officers, directors, partners, professional association board of governors, beneficial owners, members or managers and such other aspects of its organization as the board deems appropriate. In the administration of this subsection, the board may require each partnership, professional association, professional corporation, business corporation, limited liability company or limited liability partnership to pay an annual filing fee in the amount determined by the board by promulgation of rules and regulations.

(k) No corporation, professional association, partnership, limited liability company or limited liability partnership may perform any act relating to the practice of architecture which an individual architect is prohibited from doing.

(l) Nothing in this section shall be construed to prevent the practice of architecture by an individual as an employee of a person, partnership or corporation which is not an architectural firm, provided such individual holds a [certificate] license to practice architecture in the Commonwealth in conformity with the provisions of this act and the architect's seal is affixed to all documents prepared by [him or under his] the architect or under the architect's personal supervision for use in this Commonwealth.

(m) An architectural firm authorized to practice under subsections (a) through (i) will be allowed to offer design-build services consistent with the provisions of section [15(9)] 508(9) .

Section 9. Section 14 of the act is amended to read:

Section [14. Firm] 507. Architectural firm names.

An individual or group of individuals satisfying the requirements of this act and engaged in the practice of architecture in this Commonwealth may adopt any name which is not prohibited by law or the ethics of the profession in which the individual or group of individuals is engaged or by rules and regulations promulgated by the board.

Section 10. Sections 15 and 16 of the act are amended to read:

Section [15] 508 . Permitted practices.

Nothing contained in this act shall be construed to prohibit:

(1) Persons acting under the personal supervision of an architect from carrying out their normal duties in the preparation of drawings, specifications and other design and construction documents or in administering construction contracts or in performing construction management services.

(2) [Engineers registered under the act of May 23, 1945 (P.L.913, No.367), known as the "Professional Engineers Registration Law," as amended,] Professional engineers licensed under the act of May 23, 1945 (P.L.913, No.367), known as the "Engineer, Land Surveyor and Geologist Registration Law," from performing the services for which they are duly licensed or from performing such services included in the practice of architecture as may be incidental to their engineering work.

(3) The preparation of any shop drawings or the performance of construction management services by persons customarily engaged in construction work.

(4) The preparation of any drawings or other design documents for detached one-family or two-family dwellings not more than three stories in height and their accessory structures.

(5) The preparation of any drawings or other design documents for any utility or farm structure when such utility or farm structure is used in connection with a farm residence.

(6) The preparation of any drawings or other design documents for the remodeling or alteration of a building not involving structural or egress changes or additions thereto[, provided that the author of such plans or other design documents shall not receive any compensation as the author thereof].

(7) Officers and employees of the Government of the United States, while engaged within this Commonwealth, in the practice of architecture for said government.

(8) Any person while in the regular employment of any railroad, telephone or telegraph company engaged in interstate commerce.

(9) Design-build services strictly in accordance with the following practices: a design-build entity not authorized to practice under section [13(a)] 506(a) through (i) may offer design-build services if the architectural services in the design-build process are provided in accordance with the following:

(i) An architectural firm which has been authorized to practice architecture in this Commonwealth under section [13(a)] 506(a) through (i) shall independently contract with a design-build entity and is responsible for all material aspects of the practice of architecture as defined in section [3] 103 .

(ii) At the time a design-build entity offers a written design-build proposal for a specific project, the design-build entity shall give a written disclosure to the client stating an architect will be engaged by and will be contractually responsible to the design-build entity offering design-build services and will not be responsible to the client.

(iii) The design-build entity shall agree that the architect will have direct supervision of the architectural work.

(iv) The contract between the design-build entity and the client shall set forth the name of the architectural firm which will be contractually responsible to the design-build entity for providing architectural services.

(10) An architect from offering to provide or providing interior design services.

Section [16] 509 . Existing architect licenses.

Nothing in this act shall be construed to terminate any rights of individual architects licensed and engaged in the practice of architecture at the time of the passage of this act. Any architect so licensed shall be allowed to continue his licensure and to practice architecture in a manner consistent with the provisions of this act.

Section 11. Section 17 of the act is renumbered to read:

Section [17] 510 . Existing rules and regulations.

Each rule and regulation of the board in effect on the date of the passage of this act shall remain in effect after such date until repealed or amended by the board, unless such rule or regulation is inconsistent with any provision of this act.

Section 12. Section 18 of the act is amended to read:

Section [18] 511 . Unauthorized practice of architecture prohibited.

(a) Except as provided in section [9(c)] 502(c) and (d), no individual shall engage in the practice, or offer to engage in the practice of architecture in this State, or use the title of architect or use any sign, card or device implying that such individual is an architect, or is competent to engage in the practice of architecture, unless such individual holds a currently valid [certificate] license issued pursuant to this act.

(b) Except as provided in section [9(c)] 502(c) and (d), no partnership, professional association, corporation, limited liability company or limited liability partnership shall engage in the practice or offer to engage in the practice of architecture in this Commonwealth, or use any title, sign, card or device implying that such partnership, professional association, corporation, limited liability company or limited partnership is competent to engage in the practice of architecture, unless such partnership, professional association, corporation, limited liability company or limited liability partnership complies with section [13] 506 .

Section 13. The act is amended by adding a chapter to read:

CHAPTER 7

CERTIFICATION OF INTERIOR DESIGNERS

Section 701. Examination and qualification of certified interior designer applicants.

(a) Application.--Any individual of good character may apply for a certificate under this act to engage in the provision of interior design services as a certified interior designer. In assessing the character of an applicant with a criminal conviction, the board shall conduct an individualized assessment in accordance with 63 Pa.C.S. § 3113 (relating to consideration of criminal convictions).

(b) Eligibility.--An applicant for a certificate under this section shall submit evidence satisfactory to the board that the applicant has met the eligibility requirements to take a national certification exam approved by the board, including all of the following:

(1) A professional degree in interior design or architecture from an accredited school.

(2) At least two years of practical experience under the direct supervision of a nationally certified interior designer or architect.

(c) Grading procedures.--The board may, at its discretion, adopt the examination and recommended grading procedures adopted by the Council for Interior Design Qualification on the effective date of this subsection.

(d) Interviews.--The board may require an applicant under this section and section 702 to appear for a personal interview.

Section 702. Reciprocal certification of interior designers.

(a) Reciprocity.--The board may issue a certificate to provide interior design services as a certified interior designer in this Commonwealth, without examination, to any individual who is licensed, registered or certified as an interior designer in another state or country where the qualifications required are equivalent to those required in this Commonwealth. The possession of a certificate from the Council for Interior Design Qualification shall be prima facie evidence that the individual meets the qualifications required in this Commonwealth.

(b) Examination.--The board may issue a certificate to provide interior design services as a certified interior designer to an individual who has lawfully provided interior design services as an interior designer licensed, registered or certified in another state or country for a period of more than 10 years if the individual achieves a satisfactory score on a practical examination of a nature determined by the board.

(c) Certificate not required.--An individual who is licensed, registered or certified as an interior designer in another jurisdiction may offer and provide interior design services in this Commonwealth without first obtaining a certificate.

(d) Architects.--The board shall issue a certificate to provide interior design services, without examination or additional fees, to an architect who applies and demonstrates competency in the field of interior design in this Commonwealth as determined by the board.

Section 703. Issuance and renewal of certificates of interior designers.

(a) Issuance.--Upon payment of the same fee for a certification required by the board, an individual who has complied with section 701 or 702 shall be entitled to a certificate indicating that the individual is certified under this act to provide interior design services as a certified interior designer in this Commonwealth. Each certificate shall contain the name of the individual to whom it was issued and the individual's certification number and shall be valid for a period of two years.

(b) Renewal.-- Every certificate shall expire on the day prescribed by rules and regulations promulgated by the board. A certified interior designer may renew a certificate by paying the renewal fee for a certificate required by the board. If the certificate holder fails to pay the renewal fee when required and fails to notify the board of the certificate holder's intention not to provide interior design services, the certificate and the right to provide interior design services as a certified interior designer shall expire. Except as otherwise provided in this chapter, a certified interior designer who fails to renew a certificate may not engage in the provision of interior design services as a certified interior designer except upon payment of the renewal fee, penalty fee and restoration fee for a certificate required by the board.

(c) Duplicates.--A duplicate certificate to replace one which has been lost, destroyed or mutilated may be issued by the board upon payment of the renewal fee, penalty fee and the restoration fee for a certificate required by the board.

(d) Nontransferable.--Certificates issued to certified interior designers shall not be transferable.

(e) Continuing education.--As a condition of biennial renewal, a certified interior designer shall provide the board with documentation of successful completion of a minimum of 24 hours of continuing education, half of which shall be in the subject areas of health, safety and welfare.

(f) Signature requirement.--A certified interior designer shall ensure that documentation of successful completion of the continuing education requirement under subsection (e) is properly signed as being correct and true.

(g) Exemption.--An individual who is applying for initial certification to provide interior design services shall be exempt from the continuing education requirement under subsection (e) during the biennial certification period in which the individual obtained the initial certification.

(h) Waivers.--The board may waive all or part of the continuing education requirement under subsection (e) for a certified interior designer who provides evidence satisfactory to the board that the certificate holder is unable to complete the requirement due to illness, emergency, hardship or active military service.

(i) Prohibition.--The board may not approve courses in office management or practice building for the purpose specified under subsection (e).

(j) Preapproval.--The board may preapprove continuing education providers and courses for the purpose specified under subsection (e).

(k) Regulations.--The board may promulgate regulations for the continuing education of certified interior designers to demonstrate competence in interior design services for the purpose specified under subsection (e).

Section 704. Document requirements for certified interior designers.

A certified interior designer shall ensure that all interior design documents, including drawings, schedules and specifications prepared by the certified interior designer, bear the signature and certificate number of the certified interior designer and the date when each document was signed by the certified interior designer on each document's title block. If an architect personally supervises the preparation of an interior design document, the certificate number of the certified interior designer shall not be required under this section.

Section 14. The act is amended by adding a chapter heading to read:

CHAPTER 9

PENALTIES

Section 15. Sections 19, 20 and 21 of the act are amended to read:

Section [19] 901 . Disciplinary proceedings.

(a) The board may refuse to issue a license or certificate to an applicant or may refuse, revoke or suspend a license of an architect or a certificate of an interior designer , censure an architect or certified interior designer , issue a letter of reprimand, restrict a licensee or certificate holder and attach certain conditions to a license or certificate for any of the following acts:

(1) Bribery, fraud, misstatement or misrepresentation of fact by an applicant in connection with this application for a license or certificate.

(2) Engaging in the practice of architecture or providing interior design services as a certified interior designer in this Commonwealth in violation of any provisions of this act or the rules and regulations promulgated thereunder.

(3) Having a license to practice architecture or a certificate to provide interior design services as a certified interior designer revoked or suspended or having other disciplinary action taken by the proper licensing or certificating authority of another state, territory or country.

(4) Engaging in the practice of architecture or providing interior design services as a certified interior designer in this Commonwealth in violation of the standards of professional conduct established by rules and regulations promulgated by the board.

(5) Aiding or abetting any individual, partnership, association or corporation to engage in the practice of architecture or providing interior design services as a certified interior designer in violation of any provisions of this act.

(6) Bribery, fraud, deceit, recklessness, gross negligence or incompetence in the practice of architecture or in the provision of interior design services as a certified interior designer .

(7) Use of an architect's seal in violation of section [12] 505 or the use of a certified interior designer's number in violation of section 704 .

(8) Conviction of a felony or a crime involving moral turpitude. Conviction shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.

(b) A plea of nolo contendere shall be deemed to be a conviction for purposes of this section.

(c) Unless ordered to do so by a court, the board shall not reinstate the [certificate] license of a person to practice as an architect or the certificate of a person to provide interior design services as a certified interior designer which has been revoked and such person shall be required to apply for a license or certificate after a period of five years in accordance with section [8 if he] 501 or 701 if the person desires to practice at any time after such revocation.

Section [20] 902 . Penalties.

(a) Any person who engages or who offers to engage in the practice of architecture or provides interior design services as a certified interior designer without holding a currently valid license or certificate as required by this act, or any person who violates any of the provisions of this act shall, for a first offense, be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine not exceeding $500 or suffer imprisonment not exceeding 90 days, or both, and for a second or subsequent offense shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of not less than $2,000 but not more than $5,000, or to suffer imprisonment of not less than one year, but not more than two years, or both.

(b) In addition to any other penalties imposed pursuant to this act, any person who engages in the practice or offers to engage in the practice of architecture or provides interior design services as a certified interior designer without holding a currently valid license or certificate as required by this act or without complying with the requirements of section [13] 506 as an architect shall return any fees collected in connection with the practice or offering to practice architecture or the provision of interior design services as a certified interior designer .

(c) The right of the board to refuse to issue a license or certificate or to refuse, revoke or suspend a license or certificate or censure an architect or certified interior designer or issue a letter of reprimand or restrict a licensee or certificate holder or attach conditions to a license or certificate under this act shall be in addition to the penalties set forth in this section.

(d) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to $1,000 on any current licensee or certificate holder who violates any provision of this act or on any person who practices the profession of an architect without being properly licensed or provides interior design services as a certified interior designer without being properly certified to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(e) All fines and civil penalties imposed in accordance with this section shall be paid into the Professional Licensure Augmentation Account.

Section [21] 903 . Complaint procedure and hearings.

(a) Any person may prefer charges against a person licensed or holding a certificate under the provisions of this act by submitting a written statement of charges, sworn to by the complainant, to the board. In addition, the board may, on its own motion, investigate the conduct of an applicant [or a] , licensee or certificate holder , and shall, in appropriate cases, file a written statement of charges. The applicant [or] , architect or certified interior designer charged shall be entitled to be represented by counsel. Hearings shall be conducted in accordance with the provisions for hearings of contested cases as prescribed by the applicable laws and regulations relating to administrative hearings.

(b) The hearings may be held by the board or any member thereof, or by any of its duly authorized hearing examiners or by any other person duly authorized by the board for such purpose in any particular case. The time and place of such hearing shall be fixed by the board or its duly authorized hearing examiner. Any member of the board or hearing examiner authorized to conduct the hearing may administer oaths and conduct investigations.

(c) When a matter is referred to a hearing examiner for hearing, such person following the completion of the testimony in the hearing before him shall, with reasonable dispatch, file a report with the board setting forth his findings of fact and recommendation. Upon review of the record, the board by majority vote, may adopt the findings in the report or may, with or without additional testimony, either return the matter to the representative for such further consideration as the board deems necessary or make additional or other findings of fact on the basis of all the legally probative evidence in the record and enter its conclusions of law and order in accordance with the requirements for the issuance of an adjudication under Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

(d) The board may, in its discretion, issue a license or certificate to any applicant denied licensure or certification under section [19(a)] 901(a) upon presentation of suitable evidence of reform.

Section 16. The act is amended by adding a chapter heading to read:

CHAPTER 11

MISCELLANEOUS PROVISIONS

Section 17. The act is amended by adding a section to read:

Section 1101. Regulations.

The board may promulgate regulations necessary to implement this act.

Section 18. Sections 22, 23 and 24 of the act are renumbered to read:

Section [22] 1102 . Severability.

The provisions of this act are severable and if any section shall be declared invalid or void for any reason, the remainder of the act shall not be affected or impaired.

Section [23] 1103 . Repeals.

(a) The following acts and parts of acts are repealed absolutely:

Act of July 12, 1919 (P.L.933, No.369), entitled "An act to regulate the practice of architecture in the Commonwealth of Pennsylvania by providing for the examination and registration of architects by a State Board of Examiners; defining the power and duties of said board of examiners; and providing penalties for the violation of this act."

Section 422, act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

(b) All acts or parts of acts inconsistent herewith are hereby repealed.

Section [24] 1104 . Effective date.

This act shall take effect immediately.

Section 19. This act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO