Enrolled SB 126
LAWS OF ALASKA
2023
Source Chapter No.
SB 126 _______
AN ACT
Relating to the State Board of Registration for Architects, Engineers, and Land Surveyors;
relating to architects, engineers, land surveyors, and landscape architects; and providing for an
effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled SB 126
AN ACT
Relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; 1
relating to architects, engineers, land surveyors, and landscape architects; and providing for an 2
effective date. 3
_______________ 4
* Section 1. AS 08.48.011(c) is amended to read: 5
(c) Notwithstanding (b) of this section, 6
(1) if no [A] mining engineer who qualifies for appointment to the
7
board [AND] is available to serve [INTERESTED IN SERVING] on the board [IS 8
NOT AVAILABLE], the governor may appoint a petroleum or chemical engineer to 9
the seat designated for a mining engineer; 10
(2) if an electrical engineer occupies the seat designated for an 11
electrical or mechanical engineer, the governor may appoint a mechanical 12
engineer to the seat designated for an engineer from another branch of the 13
profession of engineering; or 14
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(3) if a mechanical engineer occupies the seat designated for an 1
electrical or mechanical engineer, the governor may appoint an electrical 2
engineer to the seat designated for an engineer from another branch of the 3
profession of engineering. 4
* Sec. 2. AS 08.48.021(c) is amended to read: 5
(c) For purposes of determining appointments and terms under AS 08.01.035, 6
notwithstanding the reference in that section relating to eligibility for reappointment 7
after serving a full or partial term, 8
(1) a member who has served all of two successive terms on the board 9
may not be reappointed to the board unless two [FOUR] years have elapsed since the 10
person last served on the board; and 11
(2) for purposes of (1) of this subsection, a person who serves for two 12
years or more of a four-year term is considered to have served a full term. 13
* Sec. 3. AS 08.48.055(a) is amended to read: 14
(a) The department, in consultation with the board, shall employ two persons 15
who are not members of the board. One shall serve as the executive administrator 16
[SECRETARY] of the board. The other shall serve as investigator for the board. The 17
executive administrator [SECRETARY] is the principal executive officer of the 18
board and is in the partially exempt service under AS 39.25.120. 19
* Sec. 4. AS 08.48.055(b) is amended to read: 20
(b) The executive administrator [SECRETARY] of the board shall perform 21
duties as prescribed by the board, including the review and approval of comity 22
applications. 23
* Sec. 5. AS 08.48.071(f) is amended to read: 24
(f) The department shall assemble statistics relating to the performance of its 25
staff and the performance of the board, including 26
(1) the number of architects, engineers, land surveyors, and landscape 27
architects registered over a five-year period; 28
(2) the rate of passage of examinations required [ADMINISTERED] 29
by the board; 30
(3) the number of applicants [PERSONS MAKING APPLICATION] 31
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for registration [AS A PROFESSIONAL ARCHITECT, ENGINEER, LAND 1
SURVEYOR, OR LANDSCAPE ARCHITECT] over a five-year period; 2
(4) an account of registration fees collected under AS 08.01.065; 3
(5) a measure of the correspondence workload of staff [ANY 4
LICENSING EXAMINER EMPLOYED BY THE DEPARTMENT TO CARRY 5
OUT THIS CHAPTER]. 6
* Sec. 6. AS 08.48.091 is amended to read: 7
Sec. 08.48.091. Examinations. Examinations shall be held at least once each 8
year [AT PLACES DETERMINED BY THE BOARD]. A candidate failing a n 9
examination may apply for reexamination in accordance with regulations adopted by 10
the board. 11
* Sec. 7. AS 08.48.101(a) is amended to read: 12
(a) The board may adopt regulations and provide policy guidance to 13
accomplish [CARRY OUT] the purpose of this chapter by [, INCLUDING 14
REGULATIONS] 15
(1) describing the contents of an examination; 16
(2) establishing the conduct of an examination; 17
(3) establishing a minimum score for passing an examination; 18
(4) establishing bylaws governing its meetings and activities; 19
(5) publishing a code of ethics or professional conduct for registrants 20
and entities authorized [THOSE PERSONS REGULATED BY THIS CHAPTER, 21
INCLUDING CORPORATIONS, LIMITED LIABILITY COMPANIES, AND 22
LIMITED LIABILITY PARTNERSHIPS] under AS 08.48.241; 23
(6) establishing continuing education requirements for registrants 24
[PERSONS REGULATED BY THIS CHAPTER] that must be completed before a 25
certificate may be renewed; the [CONTINUING EDUCATION] requirements may not 26
exceed standards established by a national accrediting body or other recognized 27
professional organization; 28
(7) establishing the types of work and providing guidance on 29
design of minor importance and other areas of overlapping jurisdiction among 30
regulated professions, branches, and disciplines. 31
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* Sec. 8. AS 08.48.111 is amended to read: 1
Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 2
may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 3
corporation, limited liability company, [OR] limited liability partnership, or limited 4
partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 5
gross negligence, incompetence, or misconduct in the practice of architecture, 6
engineering, land surveying, or landscape architecture; or (3) a violation of this 7
chapter, a regulation adopted under this chapter, or the code of ethics or professional 8
conduct as adopted by the board. The code of ethics or professional conduct shall be 9
distributed in writing to every registrant and applicant for registration under this 10
chapter. This publication and distribution of the code of ethics or professional conduct 11
constitutes due notice to all registrants. The board may revise and amend its code and, 12
upon doing so, shall immediately notify each registrant in writing of the revisions or 13
amendments. The board may, upon petition of the registrant, corporation, limited 14
liability company, [OR] limited liability partnership, or limited partnership, reissue a 15
certificate if a majority of the members of the board vote in favor of the reissuance. 16
* Sec. 9. AS 08.48.121 is amended to read: 17
Sec. 08.48.121. Disciplinary action and procedure. Any person may file with 18
the investigator [SECRETARY] of the board a charge of fraud, deceit, gross 19
negligence, incompetence, misconduct, or violation of this chapter, a regulation 20
adopted under it, or the code of ethics of the board. The charge, constituting an 21
accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and 22
sworn to by the person making it. A charge may be dismissed by the board or the 23
investigator as unfounded or trivial. 24
* Sec. 10. AS 08.48.171 is amended to read: 25
Sec. 08.48.171. General requirements and qualifications for registration. 26
An applicant for registration as an architect, engineer, land surveyor, or landscape 27
architect must be of good character and reputation and shall submit evidence 28
satisfactory to the board of the applicant's education, training, and experience. 29
[HOWEVER, AN APPLICANT FOR REGISTRATION AS A LAND SURVEYOR 30
MAY NOT BE REQUIRED TO SUBMIT EVIDENCE OF MORE THAN EIGHT 31
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YEARS OF ANY COMBINATION OF EDUCATION, EXPERIENCE, OR 1
TRAINING.] 2
* Sec. 11. AS 08.48.191(a) is amended to read: 3
(a) A person holding a certificate of registration authorizing the person to 4
practice architecture in a state, territory, or possession of the United States, the District 5
of Columbia, or a foreign country, or holding a certificate of qualification issued by 6
the National Council of Architectural Registration Boards, [THAT, IN THE OPINION 7
OF THE BOARD, MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED 8
ON VERIFIED EVIDENCE,] may, upon application, be registered in accordance with 9
the regulations of the board if the person's certificate was issued under 10
requirements comparable to the requirements in this state. 11
* Sec. 12. AS 08.48.191(b) is amended to read: 12
(b) A person holding a certificate of registration authorizing the person to 13
practice engineering in a state, territory, or possession of the United States, the District 14
of Columbia, or a foreign country [, THAT, IN THE OPINION OF THE BOARD 15
MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON VERIFIED 16
EVIDENCE,] may, upon application, be registered in accordance with regulations of 17
the board if the person's certificate was issued under requirements comparable to 18
the requirements in this state. 19
* Sec. 13. AS 08.48.191(d) is amended to read: 20
(d) A person holding a certificate of registration authorizing the person to 21
practice landscape architecture in a state, territory, or possession of the United States, 22
the District of Columbia, or a foreign country [, THAT IN THE OPINION OF THE 23
BOARD MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON 24
VERIFIED EVIDENCE,] may upon application [,] be registered under the regulations 25
of the board if the person's certificate was issued under requirements comparable 26
to the requirements in this state. A person holding a certificate of qualification 27
issued by the Council of Landscape Architectural Registration Boards may upon 28
application be registered under regulations of the board. 29
* Sec. 14. AS 08.48.201(a) is amended to read: 30
(a) Application for registration as a professional architect, a professional 31
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engineer, a professional land surveyor, or a professional landscape architect shall 1
[(1)] be submitted in the manner [ON A FORM] prescribed [AND 2
FURNISHED] by the board [; 3
(2) CONTAIN STATEMENTS MADE UNDER OATH, SHOWING 4
THE APPLICANT'S EDUCATION AND A DETAILED SUMMARY OF THE 5
APPLICANT'S TECHNICAL EXPERIENCE; AND 6
(3) CONTAIN FIVE REFERENCES, THREE OF WHOM MUST BE 7
ARCHITECTS FOR ARCHITECTURAL REGISTRATION, ENGINEERS FOR 8
ENGINEERING REGISTRATION, LAND SURVEYORS FOR LAND 9
SURVEYING REGISTRATION, AND LANDSCAPE ARCHITECTS FOR 10
LANDSCAPE ARCHITECTURAL REGISTRATION, HAVING PERSONAL 11
KNOWLEDGE OF THE APPLICANT'S ARCHITECTURAL, ENGINEERING, 12
LAND SURVEYING, OR LANDSCAPE ARCHITECTURAL EDUCATION, 13
TRAINING, OR EXPERIENCE]. 14
* Sec. 15. AS 08.48.211 is amended to read: 15
Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 16
requirements set out by the board shall be awarded a certificate of registration [AS A 17
PROFESSIONAL ARCHITECT, ENGINEER, LAND SURVEYOR, OR 18
LANDSCAPE ARCHITECT,] authorizing the holder to offer or perfor m 19
[ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 20
ARCHITECTURAL] services or work for the public, or to certify or sign 21
[ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 22
ARCHITECTURAL] documents. Certificates of registration [ISSUED UNDER THIS 23
SECTION] shall be designed as [INSCRIBED ON THEIR FACE IN A MANNER] 24
determined by the board. 25
(b) The certificate of registration [SEALED BY THE BOARD] is prima facie 26
evidence that the person named in it is entitled to all rights and privileges of a 27
professional architect, professional engineer, professional land surveyor, or 28
professional landscape architect while the certificate remains unrevoked or unexpired. 29
* Sec. 16. AS 08.48.215(a) is amended to read: 30
(a) On retiring from practice and payment of an appropriate one-time fee, [AN 31
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INDIVIDUAL WHO IS] a registrant in good standing with the board may apply for 1
the conversion of a certificate of registration to a retired status registration. The 2
registrant [AN INDIVIDUAL HOLDING A RETIRED STATUS REGISTRATION] 3
may not practice architecture, engineering, land surveying, or landscape architecture in 4
the state. A retired status registration is valid for the life of the registration holder and 5
does not require renewal. 6
* Sec. 17. AS 08.48.221 is amended to read: 7
Sec. 08.48.221. Seals. (a) Each registrant may obtain a seal of the design 8
authorized by the board, bearing the registrant's name, registration number, and the 9
[LEGEND "REGISTERED PROFESSIONAL ARCHITECT," "REGISTERED 10
PROFESSIONAL ENGINEER," "REGISTERED PROFESSIONAL LAND 11
SURVEYOR," OR "REGISTERED PROFESSIONAL LANDSCAPE ARCHITECT," 12
AS] appropriate legend for architect, engineer, land surveyor, or landscape 13
architect. When a registrant issues final drawings, specifications, surveys, plats, 14
plates, reports, or similar documents, the registrant shall stamp the documents with the 15
seal and sign the seal. The board shall adopt regulations governing the use of seals by 16
the registrant. An architect, engineer, land surveyor, or landscape architect may not 17
affix or permit a seal and signature to be affixed to an instrument after the expiration 18
of a certificate or for the purpose of aiding or abetting another person to evade or 19
attempt to evade a provision of this chapter. The registrant, by sealing and signing 20
the document [AFFIXING THE REGISTRANT'S SEAL TO FINAL DRAWINGS, 21
SPECIFICATIONS, SURVEYS, PLATS, PLATES, REPORTS, OR SIMILAR 22
DOCUMENTS, AND BY SIGNING THE SEAL], certifies that the document was 23
[DOCUMENTS WERE] prepared by or under the registrant's responsible charge and 24
is [DIRECT SUPERVISION, ARE] within the registrant's field of practice [,] or is 25
[CONSTITUTE] design work of minor importance. 26
(b) Final drawings, specifications, surveys, plats, plates, reports, or similar 27
documents containing the work of multiple fields of practice shall be sealed and 28
signed by a registrant in each field of practice covered by the document. The registrant 29
shall certify on the face of the document the extent of the registrant's responsibility for 30
all work prepared under the registrant's seal. [WHEN CERTIFYING DESIGN WORK 31
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OF MINOR IMPORTANCE, THE REGISTRANT SHALL IDENTIFY THAT 1
WORK ON THE DOCUMENT NEAR THE REGISTRANT'S SEAL AND TAKE 2
RESPONSIBILITY FOR ALL WORK PREPARED UNDER THE REGISTRANT'S 3
SEAL.] 4
* Sec. 18. AS 08.48.231(a) is amended to read: 5
(a) To remain valid, certificates shall be renewed in accordance with 6
AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be 7
transmitted [MAILED] to the registrant, corporation, limited liability company, [OR] 8
limited liability partnership, or limited partnership [AT THE REGISTRANT'S, 9
CORPORATION'S, LIMITED LIABILITY COMPANY'S, OR LIMITED 10
LIABILITY PARTNERSHIP'S LAST KNOWN ADDRESS] at least one month in 11
advance of the date of the expiration of the certificate. If the certificate has been 12
suspended or revoked, the board may take action independent of this section. 13
* Sec. 19. AS 08.48.241(a) is amended to read: 14
(a) This chapter does not prevent a corporation, limited liability company, 15
[OR] limited liability partnership, or limited partnership from offering architectural, 16
engineering, land surveying, or landscape architectural services; however, the 17
corporation, limited liability company, [OR] limited liability partnership, or limited 18
partnership shall file with the board 19
(1) an application for a certificate of authorization on [UPON] a form 20
to be prescribed by the board and containing information required to enable the board 21
to determine whether the corporation, limited liability company, [OR] limited liability 22
partnership, or limited partnership is qualified in accordance with the provisions of 23
this chapter to offer to practice architecture, engineering, land surveying, or landscape 24
architecture in this state; 25
(2) a certified copy of a resolution of the board of directors of the 26
corporation, the managing members or manager of the limited liability company, [OR] 27
the general partners of a limited liability partnership, or the general partners of a 28
limited partnership designating persons holding certificates of registration under this 29
chapter as responsible for the practice of architecture, engineering, land surveying, or 30
landscape architecture by the corporation, limited liability company, [OR] limited 31
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liability partnership, or limited partnership in this state and providing that full 1
authority to make all final architectural, engineering, land surveying, or landscape 2
architectural decisions on behalf of the corporation, limited liability company, [OR] 3
limited liability partnership, or limited partnership with respect to work performed 4
by the corporation, limited liability company, [OR] limited liability partnership, or 5
limited partnership in this state is granted by the board of directors of the 6
corporation, the managing members or manager of the limited liability company, [OR] 7
the general partners of the limited liability partnership, or the general partners of the 8
limited partnership to the persons designated in the resolution; however, the filing of 9
this resolution does not relieve the corporation, limited liability company, [OR] 10
limited liability partnership, or limited partnership of any responsibility or liability 11
imposed on [UPON] it by law or by contract; 12
(3) a designation in writing setting out the name of one or more 13
persons holding certificates of registration under this chapter who are in responsible 14
charge of each major branch of the architectural, engineering, land surveying, or 15
landscape architectural activities in which the corporation, limited liability company, 16
[OR] limited liability partnership, or limited partnership specializes in this state; if a 17
change is made in the person in responsible charge of a major branch of the 18
architectural, engineering, land surveying, or landscape architectural activities, the 19
change shall be designated in writing and filed with the board within 30 days after the 20
effective date of the change. 21
* Sec. 20. AS 08.48.241(b) is amended to read: 22
(b) Upon filing with the board the application for certificate of authorization, 23
certified copy of resolution, affidavit, and designation of persons specified in this 24
section, the board shall, subject to (c) of this section, issue to the corporation, limited 25
liability company, [OR] limited liability partnership, or limited partnership a 26
certificate of authorization to practice architecture, engineering, land surveying, or 27
landscape architecture in this state upon a determination by the board that 28
(1) the bylaws of the corporation, the articles of organization or 29
operating agreement of the limited liability company, [OR] the partnership agreement 30
of the limited liability partnership, or the partnership agreement of the limited 31
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partnership contain provisions that all architectural, engineering, land surveying, or 1
landscape architectural decisions pertaining to architectural, engineering, land 2
surveying, or landscape architectural activities in this state will be made by the 3
specified architect, engineer, land surveyor, or landscape architect in responsible 4
charge, or other registered architects, engineers, land surveyors, or landscape 5
architects under the direction or supervision of the architect, engineer, land surveyor, 6
or landscape architect in responsible charge; 7
(2) the application for certificate of authorization states the type of 8
architecture, engineering, land surveying, or landscape architecture practiced or to be 9
practiced by the corporation, limited liability company, [OR] limited liability 10
partnership, or limited partnership; 11
(3) the applicant corporation, limited liability company, [OR] limited 12
liability partnership, or limited partnership has the ability to provide architectural, 13
engineering, land surveying, or landscape architectural services; 14
(4) the application for certificate of authorization states the 15
professional records of the designated person who is in responsible charge of each 16
major branch of architectural, engineering, land surveying, or landscape architectural 17
activities in which the corporation, limited liability company, [OR] limited liability 18
partnership, or limited partnership specializes; 19
(5) the application for certificate of authorization states the experience, 20
if any, of the corporation, limited liability company, [OR] limited liability partnership, 21
or limited partnership in furnishing architectural, engineering, land surveying, or 22
landscape architectural services during the preceding five-year period; 23
(6) the applicant corporation, limited liability company, [OR] limited 24
liability partnership, or limited partnership meets other requirements related to 25
professional competence in the furnishing of architectural, engineering, land 26
surveying, or landscape architectural services as may be adopted by the board in 27
furtherance of the objectives and provisions of this chapter. 28
* Sec. 21. AS 08.48.241(c) is amended to read: 29
(c) The board may [, IN THE EXERCISE OF ITS DISCRETION,] refuse to 30
issue, or may suspend or revoke a certificate of authorization to a corporation, limited 31
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liability company, [OR] limited liability partnership, or limited partnership if the 1
board finds that any of the corporation's officers, directors, or incorporators, any of the 2
stockholders holding a majority of the stock of the corporation, any of the limited 3
liability company's organizers, managers, or managing members, [OR] any of the 4
limited liability partnership's general partners, or any of the limited partnership's 5
general partners has committed misconduct or malpractice, or has been found 6
personally responsible for misconduct or malpractice under the provisions of this 7
chapter. 8
* Sec. 22. AS 08.48.241(d) is amended to read: 9
(d) The certificate of authorization must specify the major branches of 10
architecture, engineering, land surveying, or landscape architecture of which the 11
corporation, limited liability company, [OR] limited liability partnership, or limited 12
partnership has designated a person in responsible charge as provided in this section. 13
The certificate of authorization shall be conspicuously displayed in the place of 14
business of the corporation, limited liability company, [OR] limited liability 15
partnership, or limited partnership, together with the names of persons designated as 16
being in responsible charge of the professional activities. 17
* Sec. 23. AS 08.48.241(e) is amended to read: 18
(e) If a corporation, limited liability company, [OR] limited liability 19
partnership, or limited partnership that is organized solely by either a group of 20
architects, a group of engineers, a group of land surveyors, or a group of landscape 21
architects, each holding a certificate of registration under this chapter, applies for a 22
certificate of authorization, the board may, in its discretion, grant a certificate of 23
authorization to the corporation, limited liability company, [OR] limited liability 24
partnership, or limited partnership based on a review of the professional records of 25
the incorporators of the corporation, organizers of the limited liability company, [OR] 26
partners who formed the limited liability partnership, or partners who formed the 27
limited partnership in place of the required qualifications set out in this section. If 28
the ownership of the corporation is altered, the membership of the limited liability 29
company is altered, [OR] the partners of the limited liability partnership change, or 30
the general partners of the limited partnership change, the corporation, limited 31
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liability company, [OR] limited liability partnership, or limited partnership shall 1
apply for a revised certificate of authorization, based on [UPON] the professional 2
records of the owners of the corporation, the members of the limited liability 3
company, [OR] the partners of the limited liability partnership, or the general 4
partners of the limited partnership, if exclusively architects, engineers, land 5
surveyors, or landscape architects, or otherwise under the qualifications required by 6
(b)(1) - (4) of this section. 7
* Sec. 24. AS 08.48.241(f) is amended to read: 8
(f) A corporation, limited liability company, [OR A] limited liability 9
partnership, or limited partnership authorized to offer architectural, engineering, 10
land surveying, or landscape architectural services under this chapter, together with its 11
directors, officers, managing members, manager, and partners for their own individual 12
acts, is responsible to the same degree as the designated individual registrant 13
[REGISTERED ARCHITECT, ENGINEER, LAND SURVEYOR, OR LANDSCAPE 14
ARCHITECT], and shall conduct its business without misconduct or malpractice in 15
the practice of architecture, engineering, land surveying, or landscape architecture as 16
defined in this chapter. 17
* Sec. 25. AS 08.48.241(g) is amended to read: 18
(g) If the board, after a proper hearing, finds that a corporation, limited 19
liability company, [OR] limited liability partnership, or limited partnership holding a 20
certificate of authorization has committed misconduct or malpractice, the board shall 21
suspend or revoke the certificate of authorization. The board shall also suspend or 22
revoke the certificate of registration of any registrant [REGISTERED INDIVIDUAL 23
ARCHITECT, ENGINEER, LAND SURV EYOR, OR LANDSCAPE ARCHITECT] 24
who, after a proper hearing, is found by the board to have participated in committing 25
the misconduct or malpractice. 26
* Sec. 26. AS 08.48.241(h) is amended to read: 27
(h) Drawings, specifications, designs, and reports, when issued in connection 28
with work performed by a corporation, limited liability company, [OR] limited 29
liability partnership, or limited partnership under its certificate of authorization, 30
shall be prepared by or under the responsible charge of and shall be signed by and 31
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stamped with the official seal of a person holding a certificate of registration under 1
this chapter. 2
* Sec. 27. AS 08.48.251 is amended to read: 3
Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 4
practice of architecture, engineering, land surveying, or landscape architecture by a 5
partnership if all of the members of the partnership are registrants [ARCHITECTS, 6
ENGINEERS, LAND SURVEYORS, OR LANDSCAPE ARCHITECTS LEGALLY 7
REGISTERED] under this chapter. In this section, "partnership" does not include a 8
limited liability partnership or a limited partnership. 9
* Sec. 28. AS 08.48.281(a) is amended to read: 10
(a) A person may not practice or offer to practice the profession of 11
architecture, engineering, land surveying, or landscape architecture in the state, or use 12
in connection with the person's name or otherwise assume or advertise a title or 13
description tending to convey the impression that the person is an architect, an 14
engineer, a land surveyor, or a landscape architect, unless the person has been 15
registered under the provisions of this chapter [OR IS A PERSON TO WHOM 16
THESE PROVISIONS DO NOT APPLY,] or, in the case of a corporation, limited 17
liability company, [OR] limited liability partnership, or limited partnership, unless it 18
has been authorized under this chapter. 19
* Sec. 29. AS 08.48.331(a) is amended to read: 20
(a) This chapter does not apply to 21
(1) a contractor performing work designed by a professional architect, 22
engineer, or landscape architect or the supervision of the construction of the work as a 23
supervisor or superintendent for a contractor; 24
(2) workers in building trades crafts, earthwork, grounds keeping, or 25
nursery operations, and superintendents, supervisors, or inspectors in the performance 26
of their customary duties; 27
(3) an officer or employee of the United States government practicing 28
architecture, engineering, land surveying, or landscape architecture as required by the 29
person's official capacity; 30
(4) an employee or a subordinate of a registrant [PERSON 31
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REGISTERED UNDER THIS CHAPTER] if the work or service is done under the 1
direct supervision of a registrant [PERSON REGISTERED UNDER THIS 2
CHAPTER]; 3
(5) associates, consultants, or specialists retained by a registrant 4
[REGISTERED INDIVIDUAL], a partnership of registered individuals, a corporation, 5
a limited liability company, [OR] a limited liability partnership, or a limited 6
partnership authorized to practice architecture, engineering, land surveying, or 7
landscape architecture under this chapter, in the performance of professional services 8
if responsible charge of the work remains with the registrant [INDIVIDUAL], the 9
partnership, or a designated representative of the corporation, limited liability 10
company, [OR] limited liability partnership, or limited partnership; 11
(6) a person preparing drawings or specifications for 12
(A) a building for the person's own use and occupancy as a 13
single family residence and related site work for that building; 14
(B) farm or ranch buildings and their grounds unless the public 15
health, safety, or welfare is involved; 16
(C) a building that is intended to be used only as a residence by 17
not more than 18
(i) four families and that is not more than two stories 19
high and the grounds of the building; or 20
(ii) two families and that is not more than three stories 21
high and the grounds of the building, if the building is located in a 22
municipality that has adopted a building or residential code that applies 23
to the building and if the building complies with the building or 24
residential code; 25
(D) a garage, workshop, or similar building that contains less 26
than 2,000 square feet of floor space to be used for a private noncommercial 27
purpose and the grounds of the building; 28
(7) a specialty contractor licensed under AS 08.18 while engaged in 29
the business of construction contracting for work designed by an architect, engineer, 30
or landscape architect that is within the specialty to be performed or supervised by the 31
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specialty contractor, or a contractor preparing shop or field drawings for work that the 1
specialty contractor has contracted to perform; 2
(8) a person furnishing drawings, specifications, instruments of 3
service, or other data for alterations or repairs to a building or its grounds that do not 4
change or affect the structural system or the safety of the building, or that do not affect 5
the public health, safety, or welfare; 6
(9) a person who is employed by a postsecondary educational 7
institution to teach engineering, architectural, or landscape architectural courses; in 8
this paragraph, "postsecondary educational institution" has the meaning given in 9
AS 14.48.210; 10
(10) an officer or employee of an individual, firm, partnership, 11
association, utility, corporation, limited liability company, [OR] limited liability 12
partnership, or limited partnership, who practices engineering, architecture, land 13
surveying, or landscape architecture involved in the operation of the employer's 14
business only, and further if [PROVIDED THAT] neither the employee nor the 15
employer offers engineering, architecture, land surveying, or landscape architecture 16
services to the public; exclusions under this paragraph do not apply to buildings or 17
structures whose primary use is public occupancy; 18
(11) a person while involved in revegetation, restoration, reclamation, 19
rehabilitation, or erosion control for disturbed land that the board determines does not 20
affect the public health, safety, or welfare; 21
(12) a person while maintaining or directing the placement of plant 22
material that the board determines does not affect the public health, safety, or welfare; 23
(13) an employee, officer, or agent of a regulatory agency of the state 24
or a municipality when reviewing drawings and specifications for compliance with the 25
building codes of the state or a municipality if the drawings and specifications have 26
been sealed and signed by an architect, engineer, land surveyor, or landscape architect 27
or the preparation of the drawings and specifications is exempt under this section from 28
the requirements of this chapter; in this paragraph, "building codes" includes codes 29
relating to building, mechanical, plumbing, electrical, fire safety standards, and 30
zoning; 31
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(14) a person who is designing fire protection [DETECTION OR 1
SUPPRESSION] systems and is authorized by the Department of Public Safety to 2
design fire protection [DETECTION OR SUPPRESSION] systems. 3
* Sec. 30. AS 08.48.341(4) is amended to read: 4
(4) "certificate of authorization" means a certificate issued by the 5
board authorizing a corporation, a limited liability company, [OR] a limited liability 6
partnership, or a limited partnership to provide professional services in architecture, 7
engineering, land surveying, or landscape architecture through individuals legally 8
registered by the board; 9
* Sec. 31. AS 08.48.341(7) is amended to read: 10
(7) "design of minor importance" means work [A DESIGN] that is 11
incidental to the discipline of a registrant and is within the experience [DISCIPLINE] 12
of the registrant, but does not include comprehensive design services of any particular 13
building type, structure, building system, engineering system, or site development; 14
* Sec. 32. AS 08.48.341(16) is amended to read: 15
(16) "practice of landscape architecture" means professional services 16
or creative work in the design of landscape, the adequate performance of which 17
requires the specialized knowledge of applied mathematics and physical and 18
social sciences; consulting on, evaluating, planning, and designing public and 19
private landscape architecture projects; the teaching of advanced landscape 20
architectural courses in institutions of higher learning; consultation and the 21
direction or performance of preparing, filing, and administering related plans, 22
drawings, specifications, permits, and other contract documents involving 23
projects that direct, inform, or advise on the functional use and preservation of 24
natural and built environments; the review of drawings and specifications by 25
regulatory agencies; and minor architectural and engineering design work as 26
authorized by the board under AS 08.48.101(a)(7) [SITE INVESTIGATION, 27
RECONNAISSANCE, RESEARCH, PLANNING, DESIGN, AND PREPARATION 28
SERVICES RELATED TO DRAWINGS AND CONSTRUCTION DOCUMENTS, 29
OBSERVATION OF CONSTRUCTION, AND LOCATION, ARRANGEMENT, 30
AND DESIGN OF INCIDENTAL AND NECESSARY TANGIBLE OBJECTS AND 31
-17- Enrolled SB 126
FEATURES FOR THE PURPOSE OF 1
(A) PRESERVATION AND ENHANCEMENT OF LAND 2
USES AND NATURAL LAND FEATURES; 3
(B) LOCATION AND CONSTRUCTION OF 4
AESTHETICALLY PLEASING AND FUNCTIONAL APPROACHES FOR 5
STRUCTURES, ROADWAYS, AND WALKWAYS; 6
(C) ESTABLISHING OR MAINTAINING TRAILS, 7
PLANTINGS, LANDSCAPE IRRIGATION, LANDSCAPE LIGHTING, 8
AND LANDSCAPE GRADING; OR 9
(D) GENERALIZED PLANNING OF THE DEVELOPMENT 10
OF LAND AREAS IN A MANNER THAT IS SENSITIVE TO THE AREA'S 11
NATURAL AND CULTURAL RESOURCES]; 12
* Sec. 33. AS 08.48.341(17) is amended to read: 13
(17) "professional architect" means a person [WHO HAS BEEN 14
LEGALLY] registered as a professional architect by the board; 15
* Sec. 34. AS 08.48.341(18) is amended to read: 16
(18) "professional engineer" means a person [WHO HAS BEEN 17
LEGALLY] registered as a professional engineer by the board; 18
* Sec. 35. AS 08.48.341(19) is amended to read: 19
(19) "professional land surveyor" means a person [WHO HAS BEEN 20
LEGALLY] registered as a professional land surveyor by the board; 21
* Sec. 36. AS 08.48.341(22) is amended to read: 22
(22) "shop drawing" or "field drawing" means a drawing prepared by a 23
contractor, subcontractor, or vendor that shows how a particular aspect of the work is 24
to be fabricated and installed and demonstrates how an aspect of the work will satisfy 25
the requirements of the construction document [, BUT DOES NOT INCLUDE A 26
FINAL DRAWING, SPECIFICATION, SURVEY, PLAT, PLATE, REPORT, OR 27
OTHER SIMILAR DOCUMENT]; 28
* Sec. 37. AS 08.48.341 is amended by adding new paragraphs to read: 29
(24) "fire protection system" means a fire alarm device or system or 30
fire extinguishing device or system, or combination of both, that is designed and 31
Enrolled SB 126 -18-
installed for detecting, controlling, or extinguishing a fire or otherwise alerting an 1
occupant or the fire department, or both, that a fire has occurred; 2
(25) "limited partnership" has the meaning given in AS 32.11.900; 3
(26) "registrant" means a person registered by the board as a 4
professional architect, engineer, land surveyor, or landscape architect. 5
* Sec. 38. AS 08.48.061 is repealed. 6
* Sec. 39. This Act takes effect immediately under AS 01.10.070(c). 7