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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1793 By: Osburn of the House
and
Pugh of the Senate
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section s 46.1, 46.2, 46.3,
46.4, 46.7, 46.9, 46.10, 46.11, 46.12, 46.14, 46.17,
46.18, 46.19, 46.20, 46.21, 46.21b, 46.24, 46.25,
46.28, 46.31, 46.34, 46.38, 46.39 , 46.40, 46.41,
46.42, 46.45, 46.46 and 46.47, which rela te to the
State Architectural and Registered Commercial
Interior Designers Act ; modifying various provisions
of the act; changing n ame of act; changing name of
registered commercial interior designers; providing
for licensure; removing certification requirements;
modifying definitions; changing name of the Board of
Governors of the Architects, Landscape Ar chitects and
Licensed Interior Designers of Oklahoma ; modifying
powers and duties of the Board; modifying use of
certain title; modifying renewal of license;
modifying grounds for suspension, revocation or
nonrenewal of license ; providing exemption; provid ing
an effective date; and declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 59 O.S. 2021, Section 46.1, is
amended to read as follows:
Section 46.1 Section 46.1 et seq. of this title shall be known
and may be cited as the "State Architectural and Registered
Commercial Licensed Interior Designers Act ".
SECTION 2. AMENDATORY 59 O.S. 2021, Section 46.2, is
amended to read as follows:
Section 46.2 In order to safeguard life, health and property
and to promote public welfare, the professions of architecture ,
landscape architecture and registered commercial licensed interior
design are declared to be subject to regulation in the pu blic
interest. It is unlawful for any person to practice or offer to
practice architecture or, landscape architecture , or licensed
interior design in this state, as defined in the provi sions of the
State Architectural and Registered Commercial Licensed Interior
Designers Act, use in connection with the person's name, or
otherwise assume the title of architect, landscape architect or
registered commercial licensed interior designer, or advertise any
title or description tending to convey the impression that the
person is a licensed an architect or landscape architect or
registered commercial licensed interior designer unless the person
is duly licensed or exempt from licensure or registration under the
State Architectural and Registered Commercial Licensed Interior
Designers Act. The practice of architecture and, landscape
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architecture and the use of the titles architect, landscape
architect and registered commercial licensed interior designer are
privileges granted by the state through the Board of Governors of
the Licensed Architects, Landscape Architects and Registered
Commercial Licensed Interior Designers of Oklahoma based upon the
qualifications of the individual as evidenced by a cer tificate of
licensure or registration which shall not be transferable.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 46.3, is
amended to read as follows:
Section 46.3 As used in the State A rchitectural and Registered
Commercial Licensed Interior Designers Act:
1. "Architect" means any person who is licensed in the pr actice
of architecture in the State of Oklahoma as hereinafter defined;
2. "Practice of architecture" means rendering or offe ring to
render certain services, in connec tion with the design and
construction, enlargement or alteration of a building or a grou p of
buildings and the space surrounding such buildings, including
buildings which have as their principal purpose human occup ancy or
habitation. The services referred to include planning, providing
preliminary studies, designs, drawings, specifications,
investigations and other technical submissions, the administration
of construction contr acts, and the coordination of any elem ents of
technical submissions prepared by other consultants including, as
appropriate and without limitation, consulting engineers and
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landscape architects reviewing and coordinating technical
submissions prepared by other licensed professionals for use in the
construction or alteration of any bui lding in the Code Use Groups
subject to the State Architectural and Licensed Interior De signers
Act; provided, that the practice of architecture shall include suc h
other professional services as may be necessary fo r the rendering of
or offering to render a rchitectural services;
3. "Registration" or "license" "License" means a certificate of
registration or license issued by the Board . The definition of
"license" shall apply to those persons licensed under a practice
act. The definition of "registration" shall apply to those persons
registered under the title registered commercial interior designer
under this act;
4. "Building" means a structure consisting of a foundation,
walls, all floors and roof, with or without other parts;
5. "Board" means the Board of Governors of the Licensed
Architects, Landscape Architects and Registered Commercial Licensed
Interior Designers of Oklahoma;
6. "Certificate of authority " means the authorization granted
by the Board for perso ns to practice or offer to practice
architecture, or landscape architecture, or licensed interior design
through a partnership, firm, association, corporation, limited
liability company or limited liability partnership;
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7. "Certificate of title " means the authorization granted by
the Board for a partnership, firm, association, corporation, limit ed
liability company or limited liab ility partnership to use the title
registered commercial interior designer or any modification or
derivation of these ter ms;
8. "Technical submissions " means drawings, plans,
specifications, studies and any other techn ical reports or documents
which are issued in the course of practicing architecture , landscape
architecture or registered commercial licensed interior design with
the intent that they be considered as for mal or final documents, but
shall not include record drawings . Prototypical plans are no t
technical submissions;
9. 8. "Responsible control" means the amount of direct control
and personal supervision of architectur al, landscape architectural
or registered commercial licensed interior designer's design work
and detailed knowledge o f the content of tactical and technical
submissions during their preparation as is ordinarily exercised by
licensed architects, landscape architects or registered commercial
licensed interior designers applying the required professional
standard of care. The terms direct control and personal
supervision, whether used separately or together, mean active and
personal management of the firm 's personnel and practice to mai ntain
charge of, and concurrent direction over, architecture, landscape
architecture or the work of a registered commercial licensed
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interior designer's decisions design and the instruments of
professional services to which th e licensee or registrant affixes
the seal, signature, and date;
10. 9. "Landscape architect" means a person licensed to
practice landscape architecture as provided in the State
Architectural and Registered Commercial Licensed Interior Designers
Act;
11. 10. "Landscape architecture" means the performance of
professional services defined as teaching, consultations,
investigations, reconnaissance, research, pla nning, design,
preparation of construction drawings and specifications,
construction observation and the coo rdination of any elements of
technical submissions prepared by others in connection with the
planning and arranging of l and and the elements thereon for public
and private use and enjoyment, including the design and layout of
roadways, service areas, parki ng areas, walkways, steps, ram ps,
pools, parks, parkways, trails and recreational areas, the location
and site of improvements including buildings a nd other structures,
and the grading of the land, surface and subsoil drainage, erosion
control, planting, r eforestation, and the preserva tion of the
natural landscape, in accordance with accepted professional
standards, and to the extent that the dominant purpose of such
services or creative works is the preservation, conservation,
enhancement, or determination of proper land uses, natural land
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features, ground cover and plantings, or naturalistic and aesthetic
values.
The practice of landscape architectu re shall include the
location and arrangement of tangible objects and features as are
incidental and necessar y to the purpose outlined for landscape
architecture. The practice of landscape architecture shall not
include the design of structures or facilit ies with separate and
self-contained purposes for habitation or industry, or the design of
public streets, highways, utilities, storm and s anitary sewers and
sewage treatment facilities, that are statutorily defined as the
practice of engineering or archit ecture;
12. 11. "Code" means the nationally recognized codes adopted by
the Uniform Building Code Commission of the State of Oklahoma;
13. 12. "Applicable building official" means the official
responsible for the application of the adopted building code as
implemented by the local, municipal or county jurisdiction in which
a building is located . Where no building code has been adopted by
the local, municipal or county jurisdiction, the applicable building
official shall be defi ned as the State Fire Marshal;
14. "Registered commercial interior designer" means a person
recognized by this state who is registered, qualified by examination
and meeting all the requirements set forth in the State
Architectural and Registered Commercial Interior Designers Act and
the Board's rules;
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13. "Licensed interior designer " means a person licensed to
practice licensed interior d esign as provided in the Stat e
Architectural and Licensed Interior Designers Act ;
15. 14. "Plans" means technical docu ments issued by the
licensed and/or registered professionals intended to meet all
current and applicable codes as ad opted by the Uniform Building Code
Commission of the State of Oklahoma, other statutory codes and
applicable federal codes and which shall b e submitted to all
required building code and/or permit offices required by the State
of Oklahoma, county, municipal and/or federal gover nment;
16. 15. "Equivalent standards" means those standards adopted by
the Board intended to be used as alternative eq uivalents to
determine competency for education, training and testing for
licensing architects and/or, landscape architects and registering
commercial licensed interior designers and for complying with the
Military Service Occupation, Education and Credent ialing Act for
military personnel and their spouses ;
17. "Commercial interior design " means the rendering of or the
offering to render designs, consultations, studie s, planning,
drawings, specifications, contract doc uments or other technical
submissions and the administration of interior construction and
contracts relating to nonstructural interior construction by a
registered commercial interior designer in a new con structed or
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existing building when the core and she ll elements are not going to
be changed;
18. "Nonstructural commercial interior construction" means the
construction of elements which do not include exterior componen ts of
a building such as exterior walls , any load-bearing wall, any load -
bearing column or any other load-bearing elements of a building
essential to the structural int egrity of the building such as wind
loads and seismic loads and to any element which mus t be designed
for wind loads and seismi c loads; and
16. "Licensed interior design" means the rendering of or the
offering to render services relating to nonstructural interior
construction by a licensed interior designer in a newly constructed
or existing building, including but not limited to :
a. analysis, research, planning, an d design of the
interior spaces of a building for t he purpose of
enhancing and protecting the health, safety, a nd
welfare of the public by p reparation of interior
drawings, specifications, or other technical
submissions and administration of nonstructural
interior construction ,
b. design and specification of code-compliant interior
finishes, furnishings, fixtures, or equipment,
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c. design or modification of existing nonstructural
interior partitions, doors, suspended ceil ing systems,
or constructed ceiling e lements,
d. design or modification of existing inte rnal
circulation systems or number and configuration of
interior exits for suite occupant load, or
e. review, analysis, and evaluation of building codes,
accessibility standards, or guidelines for interior
planning, design, and nonstructural interior
construction compliance;
17. "Nonstructural interior construction " means the
construction of elements which do not include:
a. design of, or the responsibility for , architectural
and engineering work, except as explicitly provided
for in this act,
b. altering the building's existing primary structural,
fire and life safety, mechanical, electrical, and
plumbing systems, as set out in Oklahoma st ate law,
this act, or the current International Building Code
as adopted by the Oklahoma Uniform Building Code
Commission, or other related primary building systems ,
and
c. changes to the building 's core and shell; and
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l9. 18. "Fire and life safety systems " means those systems and
construction that pertain to fire and life safety protection, such
as fire sprinklers, fire alarms, smoke evacuation systems, fire
walls, fire barriers or smoke barriers as defined by the current
International Building Code adopte d by the Oklahoma Uniform Bu ilding
Code Commission.
The definitions in the State Architectural and Registered
Commercial Licensed Interior Designers Act shall have the same
meaning when applicable to any rule promulgated pursuant to such
act.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 46.4, is
amended to read as follows:
Section 46.4 There is hereby re-created, to continue until July
1, 2023, in accordance with the provisions of the Oklahoma Sunset
Law, a board to be known as the "Board of Governors of the Licensed
Architects, Landscape Architects and Registered Commercial Licensed
Interior Designers of Oklahoma", hereinafter referred to as the
Board. The Board shall be compo sed of eleven (11) members includi ng
six persons who are duly licensed to practice architecture and are
in good standing in this state, two persons who are duly licensed to
practice landscape architecture and are in good standing in th is
state, two persons who are registered commercial duly licensed
interior designers and who are active and in good standing and one
lay member. Each member of the Board shall be a qualified el ector
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of this state, and the architect, landscape architect and registered
commercial licensed interior designer members shall have had five
(5) years' licensing or registration experience as the professional
position requires in this state . Re-creation of the Board shall not
alter existing staggered terms . Board members, other than th e lay
member, shall be appointed for a period of five (5) years
thereafter; provided, that nothing herein shall affect the tenure of
office of anyone who is a member of the Board on May 31, 1957 . A
member may be reappointed to succeed such membership . The licensed
architect, landscape architect or the registered commercial licensed
interior designer members may be appointed by the Governor from a
list of nominees submitted by respective professional societies of
this state. Membership in a professional s ociety shall not be a
prerequisite to appointment to the Board . The lay member of the
Board shall be appointed by the Governor to a term coterminous with
that of the Governor. The lay member shall serve at the pleasure of
the Governor. Provided, the lay member may continue to serve after
the expiration of the term of the member until such time as a
successor is appointed. Vacancies which may occur in the membership
of the Board shall be filled by appointment by the Governor . Each
person who has been ap pointed to fill a vacancy shall serve for the
remainder of the ter m for which the member the person shall succeed
was appointed and until a successor, in turn, has been appo inted and
shall have qualified . Each member of the Board, before entering
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upon the discharge of the duties of the member, shall make and file
with the Secretary of State a written oath or affirmation for the
faithful discharge of official duties . Each member of the Board and
staff shall be reimbursed for travel expenses pursuant to the State
Travel Reimbursement Act.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 46.7, is
amended to read as follows:
Section 46.7 In addition to the other powers and duties imposed
by law, the Board of Governors of the Architects, Landscape
Architects and Licensed Interior Designers of Oklahoma shall have
the power and duty to:
1. Prescribe such rules and to m ake such orders, as it may deem
necessary or expedient in the performance of its duties;
2. Prepare, conduct, and grade examinations of pe rsons who
shall apply for the issuance of licenses and registrations to them,
and to promulgate such rules with refer ence thereto as it may deem
proper as a portion used to determine competency for the issuance of
licenses or registrations;
3. Work with nationally recognized licensing and registration
organizations to prep are, conduct, and grade examinations, written
or oral, of persons who shall apply for the issuance of licenses or
registrations;
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4. Determine the satisfactory passing score on examinat ions and
issue licenses and registrations to persons who shall have pas sed
examinations, or who shall otherwise be enti tled thereto;
5. Determine eligibility fo r licenses and certificates of
authority and issue them;
6. Determine eligibility for regist ration as a registered
commercial interior designer and for certificate o f title and issue
them;
7. Promulgate rules to govern the issuing of reciprocal
licenses and registrations;
8. 7. Upon good cause shown, as hereinafter provided, deny the
issuance of a license, registration, or certificate of authority or
certificate of title or suspend, revoke, refuse to renew or iss ue
probation orders for licenses or registrations, and/or require
additional education al coursework and determine when the objectives
have been met;
9. 8. Upon proper showing, reinstate or conditionally rein state
licenses, registrations, certificates of t itle or certificates of
authority previously issued;
10. 9. Review, affirm, reverse, vacate or modify its order with
respect to any such denia l, suspension, revocation, probation and/or
educational coursework requirements or refusal to renew;
11. 10. Prescribe rules governing proceedings for the denial of
issuance of a license , registration, or certificate of authority or
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certificate of title , suspension, revocation or refusal to renew, to
issue probation orders and/or require additional educational
coursework and determine when the objectives ha ve been met for
cause, and reinstate them;
12. 11. Prescribe such penalties, as it may deem proper, to be
assessed against holders of licenses , registrations, or certificates
of authority or certificates of title for the failure to pay the
biennial fee hereinafter provided for;
13. 12. Levy civil penalties plus the legal costs incurred by
the Board to prosecute the ca se against any person or entity who
shall violate any of the provisions of the State Architectural and
Registered Commercial Licensed Interior Designers Act, or any rule
promulgated pursuant thereto;
14. 13. Obtain an office, secure such facilities, and employ,
direct, discharge and define the duties and set the salaries of such
office personnel and s et the salaries of such unclassified and
exempt office personnel as deemed necessary by the Board;
15. 14. Initiate disciplinary action, prosecute and seek
injunctions against any person or entity who has vi olated any of the
provisions of the State Archit ectural and Registered Commercial
Licensed Interior Designers Act or any rule of the Board promulgated
pursuant to said act and against the owner/developer of the building
type not exempt;
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16. 15. Investigate alleged violations of the State
Architectural and Registered Commercial Licensed Interior Designers
Act or of the rules, orders or final decisions of the Board;
17. 16. Promulgate rules of conduct g overning the practice of
licensed architects, landscape architects and registered commercial
licensed interior designers;
18. 17. Keep accurate and complete records of proceedings, and
certify the same as may be appropriate;
19. 18. Whenever it deems it appropriate, con fer with the
Attorney General or the At torney General's assistants in connection
with all legal matters and questions . The Board may also retain an
attorney who is licensed to practice law in this state . The
attorney shall serve at the pleasure of the Bo ard for such
compensation as may be pro vided by the Board. The attorney shall
advise the Board and perform legal services for th e Board with
respect to any matters properly before the Board . In addition to
the above, the Board may employ hearing examiner s to conduct
administrative hearings un der the provisions of the Administrative
Procedures Act;
20. 19. Prescribe by rules, fees to be charged as required by
this act;
21. 20. Adopt rules providing for a program of continuing
education in order to ensure that al l licensed architects or,
landscape architects, and registered commercial licensed interior
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designers remain informed of those technical and professional
subjects that the Board deems appropriate . The Board may by rule
describe the methods by which the requirements of such program may
be satisfied. Failure to meet such requirement s of continuing
education shall result in n onrenewal of the license issued to the
architect or, landscape architect, or nonrenewal of the registration
issued to the registered commercial licensed interior designer;
22. 21. Adopt rules regarding requirements for intern
development as a prerequisite for licensure or registration;
23. 22. Give scholarships, as determined by the Board, to an
individual or individuals advancing toward obtaining an accredited
National Architectural Accreditation Board, Landscape Architectural
Accreditation Board or Coun cil for Interior Design Accreditation
degree in one of these three professions in an Oklahoma higher
education institution; and
24. 23. Take such other action as may be reasonably necessary
or appropriate to effectuate the State Architectural and Registered
Commercial Licensed Interior Designers Act . The Board may, at its
discretion, contract with other state agencies and nonprofit
corporations for the endowment, man agement, and administration of
scholarships. The requirements of such scholarships shall be
determined by the Board . However, nothing contained herein shall be
construed as requiring the Board to endow or award any scholarship.
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SECTION 6. AMENDATORY 59 O.S. 2021, Section 46.9, is
amended to read as follows:
Section 46.9 A. The practice of architecture or, landscape
architecture, or licensed interior design or offering to practice
these professions for others by persons licensed under this act
through a partnership, firm, association, corporation, limited
liability company or limited liability partnership as directors,
partners, officers, shareholders, employees, managers, members or
principals is permitted, subject to t he provisions of the State
Architectural and Registered Commercial Licensed Interior Designers
Act, provided:
1. One or more of the directors, partners, officers,
shareholders, managers, members or principals of said partnership,
firm, association, corporation, l imited liability company or limited
liability partnership is designated as being responsibl e for the
entity's activities and decisions of said partnership, firm,
association, corporation, limited liability company or limit ed
liability partnership;
2. Such director, partner, officer, shareholder, manager,
member or principal is duly licensed und er the State Architectural
and Registered Commercial Licensed Interior Designers Act;
3. All personnel of said partnership, firm, association,
corporation, limited l iability company or limited liability
partnership which who act on behalf of the entity fo r these
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professions in the state are licensed under the State Architectural
and Registered Commercial Licensed Interior Designers Act; and
4. Said partnership, firm, association, corporation, limited
liability company or limited liability partnership has been issued a
certificate of authority by the Board.
B. The Board shall have the power to issue, revoke, deny, or
refuse to renew a ce rtificate of authority for a pa rtnership, firm,
association, corporation, limited liability company or limited
liability partnership as provided for in the State Architectural and
Registered Commercial Licensed Interior Designers Act.
C. A partnership, firm, association, corporation, l imited
liability company or limited liability partnership desiring to
practice architectur e or, landscape architecture , or licensed
interior design shall file with the Board an application for a
certificate of author ity for each office location performing work on
Oklahoma projects on a form approved by the Boa rd which shall
include the names, a ddresses, state of licensure and license number
of all partners, directors, officers, members, managers or
principals of the partnership, firm, association, corporati on,
limited liability company or limited liability part nership legally
responsible for the entity's practice. The form shall name an
individual having the practice of architecture in such person 's
charge who is a director, partner, officer, member, manage r or
principal. The person shall be duly licensed as a n architect to
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practice architectur e or licensed as a landscape architect to
practice landscape architecture , or as a licensed interior designer
to practice licensed interior design in this state through said
partnership, firm, association, corporation, limited liability
company or limited liability partnership legally responsi ble for the
entity's practice or services offered and other information required
by the Board. In the event there shall be a ch ange in any of these
persons during the term of the certification, such change shall be
filed with the Board within thirty (30) days after the effective
date of said change. If all of the requirements of this section and
the Board's current rules have bee n met, the Board shall issue a
certificate of authority to such partnership, firm, associa tion,
corporation, limited liability c ompany or limited liability
partnership.
D. Any other person licensed pursuant to the State
Architectural and Registered Commercial Licensed Interior Designers
Act, not practicing these professions as a partnership, f irm,
association, corporation, limited liabili ty company or limited
liability partnership, shall practice as an individual.
E. No such partnership, firm, association , corporation, limited
liability company or limited liability partnership shall be relieve d
of responsibility for the conduct or acts o f its agents, employees,
partners, directors, officers, managers, members or principals by
reason of its compliance with the provisions of this section, or
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shall any individual practicing these professions be re lieved of
responsibility for professional ser vices performed as an individual
by reason of such person 's employment or relationship with s uch
partnership, firm, assoc iation, corporation, limited liability
company or limited liability partnership.
F. The Secretary of State shall not issue a certific ate of
incorporation or register a foreign corporation or any other entity
which includes among the objectives for which i t is established any
of the words "Architect", "Architectural", "Architecture",
"Landscape Architect", "Landscape Architecture ", "Licensed Interior
Designer", or "Licensed Interior Design ", or any modification or
derivation of these words, unless the Board has issued for said
applicant either a certificate of authority for an entity, or a
letter indicating eligibility for an exemption pursuant to the State
Architectural and Registered Commercial Licensed Interior Designers
Act. The entity applying shall su pply such certificate or letter
from the Board with its application for incorporation or
registration.
G. The Secretary of State shall not register any trade name or
service mark which includes such word s, as set forth in subse ction F
of this section, or modifications or derivatives thereof in its firm
name or logotype except those entities or individuals holding
certificates of authority issued under the provisions of this
section or letters of eligibili ty issued by the Board.
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H. The use of the title "Registered Commercial Interior
Designer" by a partnership, firm, association, corporation, l imited
liability company or limited liability partnership is allowed to
those entities listed, provided:
1. One or more of the directors, partners, officers,
shareholders, members, managers or principals is registered with the
Board as a registered commercial interior designer and is in good
standing with the Board; and
2. The partnership, firm, association, corp oration, limited
liability company or limited liability partnership has been issued a
certificate of title by the Board.
I. The Board shall have the power to issue, re voke, deny or
refuse to renew a certificate of title for a partnership, firm,
association, corporation, limited liability company or limited
liability partnership as provided for in the State Architectural and
Registered Commercial Interior Designers Act.
J. A partnership, firm, association, corporation, limited
liability company or limite d liability partnership shall file with
the Board an application for a certificate of title on a form
approved by the Board which shall include the names, addresses,
state of registration and registration number of all directors,
partners, officers, shareh olders, members, managers, or principals
of the partnership, firm, association, corporation, limited
liability company or limited liability partner ship. In the event
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there shall be a replacement of any of these persons during the term
of certification, th e change shall be filed with the Board within
thirty (30) days after the effective date of the change . If all the
requirements of this section, th is act and the current rules of the
Board have been met, the Board shall issue a certificate of title to
such partnership, firm, association, corporation, limited lia bility
company or limited liability partnership.
K. The Secretary of State shall not issu e a certificate of
incorporation or register a foreign corporation or any other entity
which includes among the objectives for which it is established any
of the words "Registered Commercial Interior Designer" or any
modification or derivation of these wor ds, unless the Board ha s
issued for the applicant either a certificate of title for an
entity, or a letter i ndicating the eligibility for an exemption
pursuant to the State Architectural and Registered Commercial
Interior Designers Act . The firm applying shall supply such
certificate of title or letter from the Board with its application
for incorporation or registration.
L. The Secretary of State shall not register any trade name or
service mark which includes such words as set forth in subsection K
of this section, or modific ation or derivatives thereof in its firm
name or logotype except those entities or individuals holding
certificates of title issued un der the provisions of this section or
letters of eligibility issued by the Board.
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M. Upon application for renewal and upo n compliance with the
provisions of the State Architectural and Registered Commercial
Interior Designers Act and the rules of the Board, a certificate of
title shall be renewed as provided in this act.
N. Upon application for renewa l and upon compliance w ith the
provisions of the State Architectural and Registered Commercial
Licensed Interior Designers Act and the rules of the Board, a
certificate of authority shall be renewed as provided in this act.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 46.10, is
amended to read as follows:
Section 46.10 Every licensed archit ect, landscape architect and
registered commercial licensed interior designer shall pay to the
Board a fee as prescribed by the rules of the Boa rd. Upon receipt
of the fee the Board shall issue a renewal of the license or
registration, which shall authorize the pe rson to practice
architecture, landscape architecture or use the title registered
commercial licensed interior designer design, as the case may be, in
this state. The license of an architect or, landscape architect, or
the registration of a registered commercial licensed interior
designer which has been canceled by the Board for nonpayment of dues
may be renewed at any time within three (3) years from the date of
the cancellation, upon p ayment to the Board of the fees which had
accrued at the time of the cancellation and which would have been
paid at the time of reinstatement had not the license or
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registration been suspended, together wi th payment of the amount of
penalties which may hav e been prescribed by the Board . If a license
or registration remains canceled for a period excee ding three (3)
consecutive years, it shall not be reinstated unless the licensee or
registrant has taken or submitted to a test or a quiz or a Board
review or an examination as the circumstances of the individual case
may warrant and as may be prescribed b y the Board in order to
determine continued competency of the licensee or registrant. A
partnership, firm, association, corporation, limited liability
company or limited liability partnership shall pay to the Board the
fee prescribed and in the manner pro vided by the rules of the Board
for the renewal of the certificate of authority or certificate of
title for such partnership, firm, association, corporation, l imited
liability company or limited liability partnership.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 46.11, is
amended to read as follows:
Section 46.11 No license for architects or landscape architects
or a certificate of authority for a partnership, firm, association,
corporation, limited liability company or limited liability
partnership, shall be issued or renewed for longer t han two (2)
years. A license or certificate may be renewed upon application,
compliance with this act or the rules of the Board, and payment of
fees prior to or on June 30 of alternate years. Every licensed
architect or, landscape architect, or licensed interior designer
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having a place of business or e mployment within the state shall
display such person's license in a conspicuous place in such place
of business or employment. A new license to replace a lost,
destroyed or mutilated license shall be issued by the Board upon
payment of a fee established i n accordance with the rules of the
Board.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 46.12, is
amended to read as fol lows:
Section 46.12 After the expiration of a period of six (6 )
months and upon payment to the Board of a fee a s prescribed by the
rules of the Board, a person or entity whose license , registration
or certificate of authority has been suspended or revoked for cause,
pursuant to the provisions of the State Architectur al and Registered
Commercial Licensed Interior Designers Act, may file an application
with the Board for the reinstatement of said licen se, registration,
or certificate of authority or certificate of title . After a
showing has been made by the applicant t o the Board that the
interests of the public will not suffer by reason of reinstatement,
the Board in its discretion may order the reinstat ement of the
license, registration, or certificate of authority or certificate of
title upon the payment of a sum equ al to the fees which would have
accrued had not the license, registration, or certificate of
authority or certificate of title of the applicant been suspended or
revoked.
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SECTION 10. AMENDATORY 59 O.S. 2021, Section 46.14, is
amended to read as follows :
Section 46.14 A. The Board of Governors of the Licensed
Architects, Landscape Architects and Registered Commercial Licensed
Interior Designers of Oklahoma shall have power to suspend, to
revoke or refuse to renew a license, registration, or certificate of
authority or certificate of title issued by it, pursuant to the
provisions of the State Architectural and Registered Commercial
Licensed Interior Designers Act, when the holder thereof:
1. Has been convicted of a felony crime that substantially
relates to the practice of archite cture, landscape archi tecture or
licensed interior design and poses a reasonable threat to public
safety;
2. Has been guilty of fraud or misrepresentation;
3. Has been guilty of gross incompetence or reck lessness in the
practice of architecture relating to the construction of buildi ngs
or structures, or of dishonest practices;
4. Has been guilty of gross incompeten ce or recklessness in the
practice of landscape architecture, or of dishonest practices;
5. Has been guilty of gross incompetence or reckles sness in the
practice of licensed interior design, or of dishonest practices;
6. Presents the license , registration or certification of
another as his or her own;
6. 7. Gives false or forged evidence to t he Board;
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7. 8. Conceals information relative to any inquiry,
investigation or violation of this act or rules promulgated under
this act; or
8. 9. Has been found to be guilty of a violation of a provision
of the State Architectural and Registered Commercial Licensed
Interior Designers Act, or the rules of the Board; provided, that a
person or entity complai ned of shall be afforded the opportunity for
a formal hearing carried out as described under the current
Administrative Procedures Act or settled by th e Board with a consent
order or final order appro ved by the Board.
The Board shall keep a record of the e vidence in, and a record
of each proceeding for the suspe nsion, revocation of or refusal to
renew a license or certificate of authority and shall make findings
of fact and render a decision therein . If, after a hearing, the
charges shall have been found t o have been sustained by the vote of
a majority of the me mbers of the Board it shall immediately enter
its order of suspension, revocation, penalties, probation,
educational coursework and objectives or refusal to renew, as the
case may be.
B. As used in this section:
1. "Substantially relates " means the nature of criminal conduct
for which the person was convic ted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
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2. "Poses a reasonable threat " means the nature of criminal
conduct for which the person was convicted i nvolved an act or threat
of harm against another and has a bearing on the fitness or abili ty
to serve the public or work with others in the occupa tion.
SECTION 11. AMENDATORY 59 O.S. 2021, Section 46.17, is
amended to read as follo ws:
Section 46.17 Any person or entity c onvicted of violating any
provision of the State Architectural and Registered Commercial
Licensed Interior Designers Act shall be guilty of a misdemeanor .
The continued violation of any provision of the State Architectural
and Registered Commercial Licensed Interior Designers Act during
each day shall be deemed to be a separate offense . Upon conviction
thereof, the person or entity shall be punished by imprisonment in
the county jail not to exceed one (1) year, or b y a fine of not more
than One Thousand Do llars ($1,000.00), or by both such fine and
imprisonment for each offense . The Board may request the
appropriate district attorney to prosecute such violation and seek
an injunction against such practice.
SECTION 12. AMENDATORY 59 O.S. 2021, Section 46.18, is
amended to read as follows:
Section 46.18 A. Any person or entity who has been determined
by the Board to have violated any provision of the State
Architectural and Registered Commercial Licensed Interior Designers
Act or any rule or order issued pursuant to the provision s of the
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State Architectural and Registered Commercial Licensed Interior
Designers Act may be liable for a civil pe nalty of not more than One
Hundred Dollars ($100.00) for each day that said violation continu es
plus the legal costs incurred by the Board to prosecute the case.
The maximum civil penalty shall not exceed Ten Thousand D ollars
($10,000.00) for any violatio n plus the legal costs incurred by the
Board to prosecute the case.
B. The amount of the pen alty shall be assessed by the Board
pursuant to the provisions of subsection A of this section, after
notice and hearing. In determining the amount of the penalt y, the
Board shall include but not be limited to cons ideration of the
nature, circumstances, a nd gravity of the violation and, with
respect to the person or entity found to have committed the
violation, the degree of culp ability, the effect on ability of t he
person or entity to continue to do business, and a ny show of good
faith in attempting to ac hieve compliance with the provisions of the
State Architectural and Registered Commercial Licensed Interior
Designers Act. All monies collected from such civil penalties shall
be deposited with the State Treasurer of Oklahoma and placed in the
Board of Architects' Fund.
C. Any license, registration, or certificate of authorit y or
certificate of title holder may elect to surrende r the license,
registration, or certificate of authority or certificate of title in
lieu of said fine but shall be forever barred from obtaining a
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reissuance of said license , registration, or certificate of
authority or certificate of title .
SECTION 13. AMENDATORY 59 O.S. 2021, Section 46.19, is
amended to read as fol lows:
Section 46.19 All monies which shall be paid to the Board
pursuant to the provisio ns of the State Architectural and Registered
Commercial Licensed Interior Designers Act shall be deposited with
the State Treasurer of Okl ahoma and placed in a separate and
distinct fund to be known as the "Board of Architects' Fund". At
the end of each fiscal year hereafter such unexpended balance
remaining in the Board of Architects ' Fund shall be carried over and
continued therein. All sums of money now or hereafter to be or to
come into the fund are here by appropriated for the purpose of
effectuating the purposes of the State Architectural and Registered
Commercial Licensed Interior Designers Act, and to pay all costs and
expenses heretofore and hereafter incurred in connection therewith.
SECTION 14. AMENDATORY 5 9 O.S. 2021, Section 46.20, is
amended to read as follows:
Section 46.20 At the close of each fiscal year, the Board shall
make a full report of its proceedings during the year to t he
Governor and shall pay into the Genera l Revenue Fund of the state
ten percent (10%) of all license, registration, and certificate of
authority and certificate of title issuance and renewal fees
collected and received during the fiscal year.
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SECTION 15. AMENDATORY 59 O. S. 2021, Section 46.21, is
amended to read as fo llows:
Section 46.21 A. The State Architectural and Registered
Commercial Licensed Interior Designers Act shall not apply to any
persons, firms, corporations, li mited liability companies or limited
liability partnerships that do not hold a license , registration or
certification in any jurisdiction for exempt ed Code Use Groups
defined by the State Architectural and Registered Commercial
Licensed Interior Designers Act, providing such persons and/or
entities shall not represent such person or entity to be a n
architect, licensed interior designer, or other title of profession
or business using a form of the word words, "Architect" or "Licensed
Interior Designer". This act shall not prevent such persons and/or
entities from advertising or sel ling their services.
Any architect, landscape architect or registered commercial
licensed interior designer from any jurisdiction that who contracts,
provides or holds out to the public that they are he or she is able
to provide professional services in Oklahoma is require d to hold a
license, registration or certificate of authority or certificate of
title as needed from the Board, even on exempt Cod e Use Groups, and
an architect or, landscape architect, or licensed interior designer
is required to sign, seal and date all c onstruction documents and
technical submissions.
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B. Nothing in this act shall be construed to prevent the
preparation of technical submissions or the administra tion of
construction contracts by employees of a person or entit y lawfully
engaged in the pract ice of architecture when such employees a re
acting under the responsibl e control of a licensed an architect.
C. The following shall govern design competitions in the state:
1. Nothing in this act shall prohibit a person or firm from
participating in an a rchitectural design competition involving on ly
architectural programmin g, planning, schematic design or design
development information provided to a sponsor; and
2. The competition winner, prior to seeking the commission for
architectural services on the proposed project, shall apply for
licensing in this state within ten (1 0) days of notification of
winning the competition and complete the process within thirty (30)
days.
SECTION 16. AMENDATORY 59 O.S. 2021, Section 46.21b, is
amended to read as follows:
Section 46.21b A. An architect shall be req uired to plan,
design and prepare plans and specifications for the following Code
Use Groups except where specifically exempt from the provisions of
the State Architectural and Registered Commercial Licensed Interior
Designers Act. All Code Use Groups in this sect ion are defined by
the current International Building Code.
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B. The construction, additio n or alteration of a building of
any size or occupancy in the following Code Use Groups shall be
subject to the provisions of the State Architectural and Registered
Commercial Licensed Interior Designers Act:
1. Code Use Group I - Institutional;
2. Code Use Group R-2 - Residential, limited to dormitories ,
fraternities and sororities, and mo nasteries and convents;
3. Code Use Group A-1 - Assembly and theaters;
4. Code Use Group A-4 - Assembly, arenas and courts;
5. Code Use Group A-5 - Assembly, bleachers and grandstands;
and
6. Code Use Group H – High hazard; and
7. Buildings for which the designated Code Use Group changes
are not exempt from the State Architectural and Registered
Commercial Licensed Interior Designers Act.
C. The following shall be exempt from the provisions of the
State Architectural and Registered Commercial Licensed Interior
Designers Act; provided that, for the p urposes of this subsection, a
basement is not to be counted as a story for the purpose of counting
stories of a buildin g for height regulations:
1. The construction, addition or altera tion of a building no
more than two stories in height and with a code -defined occupancy of
no more than fifty (50) persons for the Code Use Groups A -2 and A-3
- Assembly and Code Use Group E - Education;
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2. The construction, addition or alteration of a bu ilding no
more than two stories in height a nd no more than sixty -four
transient lodging units per building for the Code Use Group R1 -
Residential, including, but not limited to, hotels and motels;
3. The construction, addition or alteration of a building no
more than two stories in height and wit h a gross square footage not
exceeding one hundred thousand (100,000) in the Code Use Group B -
Business;
4. The construction, addition or alterat ion of a building no
more than two stories in height and with a gr oss square footage not
exceeding two hundre d thousand (200,000) in the Code Use Group M -
Mercantile; and
5. The construction, addition or alteration of a building no
more than two stories in height in the following Code Use Groups or
buildings:
a. Code Use Group U - Utility,
b. Code Use Group F - Factory and Industrial,
c. Code Use Group H - High hazard,
d. Code Use Group S - Storage,
e. d. Code Use Group R2 - Residential, including apartme nts
containing no more than thirty-two dwelling units or
thirty-two guest units per buil ding,
f. e. Code Use Groups R3 and R4 - Residential,
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g. f. all buildings used by a municipality, county, state,
public trust, public ag ency or the federal government
with a construction value under One Hundred Fifty -
eight Thousand Dollars ($158,000.00),
h. g. incidental buildings or appur tenances associated with
paragraphs 1 through 5 of this subsection, and
i. h. all uninhabitable, privately owned agricultural
buildings.
D. The addition, renovation or alteration of buildings where
the use was exempt as ne w construction shall remain exempt i f the
Code Use Group does not change.
E. Upgrades, repairs, replacements and changes made on project s
in Code Use Groups found in t his title requiring an architect are
exempt from hiring an archite ct if the upgrades, re pairs,
replacements or changes do no t affect the existing primary
structural, mechanical, or electrical systems, life-safety life
safety systems, fire codes or exit passageways and/or egress as
determined by the applicable building official havin g jurisdiction.
F. Nonstructural interior construction projects in Cod e Use
Groups requiring an architect are exempt from hiring an architect if
the services are performed by a licensed interior designer.
SECTION 17. AMENDATORY 59 O.S. 2021, Section 46.24, is
amended to read as follows:
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Section 46.24 A. Except as otherwise provided in the State
Architectural and Registered Commercial Licensed Interior Designers
Act, no license shall be issued to any person to practice
architecture in this state unless the person:
1. Is twenty-one (21) years of age or over;
2. Is the holder of an accredited professional degree in
architecture and shall hav e had such practical training as this act
and the Board, by rule, shall deem appropriate . In lieu of the
requirement of an accredited professional degree, the Board may
license an applicant who demonstrates in accordance with such
standards and requiremen ts as determined by this act and/or the
Board's rules that the person has such other educati onal experience
as the Board deems equivalent to an accredited professional degree
in architecture or in any case the Board decides the interest of the
public will be served and the person is determined to be qualified
and competent by equivalent standards for architects and in
compliance with this act and rules or in compliance with the
Military Service Occupation, Education and Credentialing Act ;
3. Has paid to the Board a fee as prescribed by the rules of
the Board plus the actual cost of the examinatio n given by the
Board; and
4. Has passed the examinations prescribed by the Board for the
issuance of a license.
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B. Upon meeting the requirements of subsection A o f this
section and payment of an initial fee as may be prescribed by the
rules of the Board, the Board shall issue to the applicant a license
which shall authorize the applicant to engage in the practice of
architecture in this state . The Board has the au thority to issue
temporary licenses while qualifying the applicant in compliance with
the Military Service Occupation, Education and Credentialing Act or
with any declared state of emergency.
C. The examination for a license to practice architecture in
this state shall be held not less than once each year, shall cover
such subjects as may be pre scribed by the Board and shall be graded
on such basis as the Board shall prescribe by rule . The Board may
adopt the examinations, requirements for admission to th e
examinations and the grading procedures of the National Council of
Architectural Registrat ion Boards or its successor. Notice of the
time and place for the holding of examinations shall be given in the
manner and form prescribed by the Board and may be administered
electronically.
D. The license certificate shall be in a form prescribed by th e
Board. The certificate shall be signed by the chair and by the
secretary-treasurer of the Board and shall bear the impress of the
seal of the Board. All papers received by the Board relating to an
application for a license, to an examination and to the issuance of
a license shall be electronically retained by the Board and
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originals destroyed. If it was incomplete, it shall only be
retained for one (1) year from the date of submission and then
destroyed.
E. The following Board records and papers are o f a confidential
nature and are not public records: Examination material for
examinations before and after they are given, file records of
examination problem solut ions, letters of inquiry and reference
concerning applicants, Board inquiry forms concerning applicants,
and investigation files.
SECTION 18. AMENDATORY 59 O.S. 2021, Section 46.25, is
amended to read as follows:
Section 46.25 Each licensed architect shall have a seal, the
image of which must contain the name of the architect, the person's
license number and the words "Licensed Architect, State of
Oklahoma".
All technical submissions prepared by s uch architect, or under
the responsible control o f the architect, shall be sealed, signed
and dated, which shall mean t hat the architect was in responsible
control over the content of such technical submissions during their
preparation and has applied the required professional standard of
care. No licensed architect may sign or seal technical submissions
unless they were prepared by or under the responsible control of the
architect, except that:
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1. The person may sign or seal those portions of the technic al
submissions that were prepared by or under the responsible control
of persons who are licensed under the State Archi tectural and
Registered Commercial Licensed Interior Designers Act if the
architect has reviewed and adapted in whole or in part such portions
and has either coordinated their preparatio n or integrated them into
the work; and
2. The person may sign or sea l those portions of the technical
submissions that are not required to be prepared by or under the
responsible control of an architect if the arch itect has reviewed
and adapted in whole or in part such submissions and integrated them
into the work. The seal may be a rubber stamp or may be generated
electronically, pursuant to rules adopted by the Board.
SECTION 19. AMENDATORY 59 O.S. 2021, Section 46.28, is
amended to read as follows:
Section 46.28 The State Architectural and Registered Commercial
Licensed Interior Designers Act shall not require the licensing or
registration of practitioners of the following professions and
occupations to practice landscape arch itecture:
1. A professional civil engineer, as defined in Section 475.2
of this title, certified to practice the profession in this state
under any act to regulate the practice of that profession . Nothing
contained in the State Architectural and Registered Commercial
Licensed Interior Designers Act shall be construed as precluding an
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architect or engineer from performing services included within the
definition of "landscape architecture " when incidental, meaning less
than ten percent (10%) of the total pr oject cost, to the performance
of his or her normal practice as an architect o r engineer;
2. A landscape contractor building or installing what was
designed by a landscape architect;
3. An agriculturist, horticulturist, forester as defined in
Section 1202 of this title, nursery operator, gardener, landscape
gardener, garden or law n caretaker and grader or cultivator of land
involved in the selection, placement, planting and maintenance of
plant material;
4. Persons who act under the supervision of a lice nsed
landscape architect or an employee of a person lawfully engaged in
the practice of landscape architecture and who, in either event,
does not assume responsible charge of design or supervision;
5. Regional planners or urban planners, who evaluate and
develop land-use plans to provide for community and municipal
projections of growth patterns based on demographic needs;
6. A landscape designer or contractor whose business is
choosing types of plants, planning their location and the design of
landscapes for those projects or whose work is limited to projects
for a single-family residential home. Landscape design or
installation work may also be performed by an owner or occupant on
the single-family residence of the owner or occupant;
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7. Persons other than landscape architects who prepare details
and shop drawings for use in conn ection with the execution of their
work; and
8. Builders or their superintendents in the supervision of
landscape architectural projects.
SECTION 20. AMENDATORY 59 O.S. 2021, Section 46.31, is
amended to read as follows:
Section 46.31 A. Except as otherwise provided in the State
Architectural and Registered Commercial Licensed Interior Designers
Act, no license shall be issued to an y person to practice landscape
architecture in this state unless the person:
1. Is twenty-one (21) years of age or older;
2. Holds a degree from an accredited landscape architecture
program and has such practical training as this act and the Board 's
rules deem appropriate;
3. Has passed the examinations prescribed by the Board
including the Oklahoma Plant Materials Exam; and
4. Has paid all applicable fees.
B. If the Board determines th e interest of the public will be
served and the person is deemed by the Board to be qual ified and
competent by equivalent standards as the Board sets by rule or in
compliance with the Military Service Occupation, Education and
Credentialing Act, the applic ation shall be approved by the Board
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after the person has fulfilled all requirements of this act and
rules of the Board.
C. Examinations may be adminis tered by an electronic method and
shall be held not less than once each year . Notices of the time and
place for the holding of examinations shall be given in the manner
and form as prescribed by the Board. All landscape architects are
required to take and pass the Oklahoma Plant Materials Exam.
D. The Board shall establish rules for examination of lands cape
architects and may elect to follow the recommendations of the
Council of Landscape Architectural Registration Boards (CLARB) or
its successor. The examinations examination shall be designed to
determine the qualifications of the applicant to practice landscape
architecture. The examination shall cover such technical,
professional and practical subjects as relate to the practice of the
profession of landscape arc hitecture. The examination shall also
cover the basic arts and sciences and knowledge of material whi ch is
necessary to the proper understanding, application and qualific ation
for practice of the profession of landscape architecture. The
minimum passing grade in all subjects of the examination shall be as
established by the Board . An applicant receiving a passing grade on
a subject included in the examination will be giv en credit, subject
to CLARB's provisions and subject to the rules of the Board .
Applicants for readmittance to the examination shall pay the
application fee.
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Upon passage of the examina tion, completion of the Board 's
requirements as prescribed by this act and rules, and the payment of
all applicable fees prescribed by the rules of the Boa rd, the Board
shall issue to the applicant a license which shall authorize the
person to engage in th e practice of landscape architecture in this
state.
E. Pursuant to such rules as it may have adopted, the Board
shall have the power to issue licenses wit hout requiring an
examination to persons who have been licensed to practice landscape
architecture in states other than the State of Oklahoma, in a
territory of the United States, in the District of Columbia, or in a
country other than the United States pr ovided that the state,
territory, district or country has a similar reciprocal provision to
authorize the issuance of licenses to persons who have been licensed
in this state. If a person who has been licensed in a state other
than the State of Oklahoma, in a territory of the United States, in
the District of Columbia, or in a country other than the Uni ted
States complies with this act and rules of the Board, the secretary -
treasurer, in the exercise of his or her discretion, or upon the
order of the Board and upon the receipt of all applicable fees
prescribed by the Board, shall issue to the person a lic ense to
practice landscape architecture in this state.
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F. The Board has the authority to issue temporary licenses
while qualifying the applicant in complia nce with Section 4100 et
seq. of this title or with any declared state of emergency.
G. The following shall govern design competitions in the state:
1. Nothing in this act shall prohibit a person or firm from
participating in a landscape architectural de sign competition
involving only programming, planning, schematic design or design
development information provided to a sponsor; and
2. The competition winner, prior to s eeking the commission for
services on the proposed project, shall apply for licensing in this
state within ten (10) days of notification of winning the
competition and complete the process within thirty (30) days.
SECTION 21. AMENDATORY 59 O.S. 2021, Section 46.34, is
amended to read as follows:
Section 46.34 A. Each licensed landscape architect shall have
a seal, the image of which shall contain the name of the landscape
architect, the person 's license number and the words "Licensed
Landscape Architect, State of Oklahoma". All technical submissions
prepared by such landscape architect, or under the responsible
control of the landscape architect, shall be sealed, signed and
dated, which shall mean that the landscap e architect was in
responsible control over the content of such technical submissions
during their preparat ion and has applied the required professional
standard of care. No licensed landscape architect may sign or seal
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technical submissions unless they w ere prepared by or under the
responsible control of the landscape architect, except that:
1. The person may sign or seal those portions of the technical
submissions under the responsible control of persons who are
licensed under the State Architectural an d Registered Commercial
Licensed Interior Designers Act if the landscape architect has
reviewed and adapted in wh ole or in part such portions and has
either coordinated their preparation or integrated them into the
work; and
2. The person may sign or seal those portions of the te chnical
submissions that are not required to be prepared by or under the
responsible control of a landscape architect if the landscape
architect has reviewed and adapted in whole or in part such
submissions and integrated them into the work. The seal may be a
rubber stamp or may be generated electronically pursuant to rules
adopted by the Board.
B. All drawings, specifications, plans, reports or other papers
or documents involving the practice of landscape architecture, shall
be dated and bear the signatu re and seal of the landscape architect
or landscape architects who prepared or approved them. It is
permissible to only sign, seal and date documents on the first sheet
of bound sets of drawings, with index of drawings included, t itle
page of specificatio ns, and other drawings and contract documents in
a manner consistent with this act and r ules of the Board.
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C. The seal, signature and date of the landscape architect may
be applied to tracings to produce legible reproduction of th e
drawings or to reprints made from the tracings. This provision,
however, does not in any manner modify the re quirements of the other
subsections of this section.
D. The license of a landscape architect shall not permit the
practice of architecture, eng ineering or land surveyin g, except that
which is incidental, meaning less than ten percent (10%) of the
total cost of the total project, to the practice of landscape
architecture. No landscape architect shall permit his or her seal
to be affixed to any pl ans, specifications or dr awings if such
portions thereof as are involved in the practice of his or her
particular profession were not prepared by or under the landscape
architect's responsible control.
SECTION 22. AMENDATORY 59 O.S. 2021, Section 46.38, is
amended to read as follows:
Section 46.38 A. Except as otherwise provided in the Stat e
Architectural and Registered Commercial Licensed Interior Designers
Act, no registration license shall be issued to any person to
represent that the person is a "registered commercial licensed
interior designer" nor shall any person be allowed to use the term
or practice licensed interior design unless the person pays to the
Board the required fees and/or penalties if applicable as
established by the rules of the Board and:
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1. Holds an accredited professional degree in interior design
from an interior design program accredited by the Council for
Interior Design Accreditation or its successo r, or from an interior
design program determined by the Board to be substantiall y
equivalent to an accredited program;
2. Provides proof of a minimum of two (2) years of full-time
diversified and appropriate experience within established standards
as the Board shall prescribe; and
3. Provides to the Board proof of passage of the exa mination
administered by the Council for Interior Design Qualification or its
successor or an equivalent examination as determined by the Board.
B. The Board may waive the req uirements of the State
Architectural and Registered Commercial Licensed Interior Designers
Act for an individual who holds a current valid registration or
license from another state, jurisdiction or foreign country where
the requirements for registration or licensure are substantially
equivalent to those required for registration licensure in this
state and pays the required fees and/or penalties, if applicable, to
the Board.
C. This section does not apply to a person licensed to practice
architecture pursuant to the laws of this state.
D. Nothing in this act shall be constru ed to authorize the
Board to regulate or prohibit persons who are rendering interior
design services and are not registered commercial licensed interior
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designers under the provisions of this act or to adopt regulations
that would exceed the powers and responsibil ities expressly
authorized under this act.
E. Certificate of title authority shall be subject to the
following:
1. The use of the title "Registered Commercial Licensed
Interior Designer" by a partnership, firm, association, corporation,
limited liability company or limited liability partnership is
allowed to those entities listed, provided:
a. one or more of the directors, partners, officers,
shareholders, members, managers, o r principals is a
registered commercial licensed interior designer and
is in good standing with the Board, and
b. the partnership, firm, association, corporation,
limited liability company or limited liability
partnership has been issued a certificate of title
authority by the Board;
2. The Board shall have the power to issue, revoke , deny or
refuse to renew a certificate of title authority for a partnership,
firm, association, corporation, limited liabil ity company or limited
liability partnership as provided for i n this act;
3. A partnership, firm, association, corporation, limited
liability company or limited liability partnership shall file with
the Board an applica tion for a certificate of title authority on a
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form approved by the B oard which shall include the names, addresses,
state of registration or licensure and registration or license
number of all directors, partners, officers, s hareholders, members,
managers or principals of the partnership, firm, association,
corporation, limited liability company o r limited liability
partnership. In the event there shall be a change in any of these
persons during the term of certification, the change shall be filed
with the Board within thirty (30) days after the effective date of
the change. If all the requiremen ts of this section and the Board 's
current rules have been met, the Board shall issue a certificate of
title authority to the partnership, firm, association, corp oration,
limited liability company or limited liability partnership;
4. The Secretary of State shall not issue a certificate of
incorporation or register a foreign cor poration or any other entity
which includes among the obje ctives for which it is establi shed the
words "Registered Commercial Licensed Interior Designer" or any
modification or derivation of these words, unless the Board has
issued for the applicant either a certificate of title for an
entity, or a letter indicat ing the eligibility for an exe mption
pursuant to the requirements of this act . The firm applying shall
supply the certificate of title authority or letter from the Board
with its application for in corporation or registration;
5. The Secretary of State sh all not register any trade nam e or
service mark which includes such the words as set forth in paragraph
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4 of this subsection , or modification or derivative s thereof in its
firm name or logotype exce pt those entities or individuals holding
certificates of title authority issued under the provisions of this
section or letters of eligibility issued by the Board; and
6. Upon application for renewal and upon compliance w ith the
provisions of this act and the rules of the Board, a certificate of
title authority shall be renewed as provided b y this act.
F. No registration license for registered commercial licensed
interior designers or a certificate of title authority for a
partnership, firm, association, corporation, limited liability
company or limited liabilit y partnership, shall be issued or renewed
for longer than two (2) years . A registration license or
certificate of title authority may be renewed upon application,
compliance with the rules of the B oard and payment of fees prior to
or on June 30 of alternate years . The registration for registered
commercial interior designers shall begin July 1, 2007, and shall
end June 30, 2009, unless renewed ev ery two (2) years thereafter . A
new registration license to replace a lost, destroyed or mutilated
registration license shall be issued by the Board upon payment of a
fee established in accordance with the rules of the Board.
SECTION 23. AMENDATORY 59 O.S. 2021, Section 46.39, is
amended to read as follows:
Section 46.39 Any person who applies to become a registered
commercial licensed interior designer and remits the application and
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initial fees after July 1, 2007, shall be registered licensed by the
Board of Governors of the Licensed Architects, Landscape Architects
and Registered Commercial Licensed Interior Designers of Oklahoma if
an applicant demonstrate s, in accordance with this act, or in
compliance with the Military Service Occupation, Education and
Credentialing Act and requirements as the Board adopts by rule, that
the applicant has the interior design educat ion and training that
the Board deems equi valent to an accredited professional degree in
interior design and the applicant has passed the examination of the
Council for Interior Design Qualification or its successor, or an
equivalent examination as determi ned by the Board.
In lieu of the requireme nt of any professional degree, an
applicant may provide documented proof of diversified and
appropriate experience in the practice of interior design for a
period of six (6) years and the applicant has passed the e xamination
of the Council for Interior Des ign Qualification or its successor,
or an equivalent examination as determined by the Board.
The Board has the authority to issue temporary registrations
licenses while qualifying the applicant in compliance with t he
Military Service Occupation, Education and Credentialing Act.
SECTION 24. AMENDATORY 59 O.S. 2021, Section 46.40, is
amended to read as foll ows:
Section 46.40 A. The Board of Governors of the Licensed
Architects, Landscape Architects and Registered Commercial Licensed
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Interior Designers of Oklahoma may waive th e educational and
examination requirements of the State Architectural and Registered
Commercial Licensed Interior Designers Act for persons with
diversified and appro priate experience in the practice of interior
design for a period of fifteen (15) years prior to Ju ly 1, 2007, if
the person is not registered licensed under the State Arch itectural
and Registered Commercial Licensed Interior Designers Act and not
exempt from the requirement for registration licensure in order to
use the title "Registered Commercial Licensed Interior Designer".
B. The State Architectural and Registered Commercial Licensed
Interior Designers Act shall not be construed to prohibit or
interfere with the ability of a licensed an architect to perform
those activities that are associated with hi s or her practice as
provided under the provis ions of the State Architectural and
Registered Commercial Licensed Interior Designers Act.
SECTION 25. AMENDATORY 5 9 O.S. 2021, Section 46.41, is
amended to read as follows:
Section 46.41 A. It shall be unlawful for any person o r entity
to use the title "Registered Commercial Licensed Interior Designer"
or any other derivation of these wor ds to indicate that the pers on
or entity is registered licensed under the provisions of the State
Architectural and Registered Commercial Licensed Interior Designers
Act or engages in the practice of licensed inter ior design, if the
person is not registered licensed under this act.
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B. Any person who holds himself or herself out as a registered
commercial licensed interior designer, adverti ses, puts out any
sign, card or drawings in this state designating himself or herself
as a "Registered Commercial Licensed Interior Designer" or uses some
form of the term in the title of a profession or business or engages
in the practice of licensed interior design without first having
complied with the provisions of the State Architectural and
Registered Commercial Licensed Interior Designers Ac t shall be
deemed guilty of a mis demeanor.
SECTION 26. AMENDATORY 59 O.S. 2021, Section 46.42, is
amended to read as follows:
Section 46.42 Each registered commercial licensed interior
designer shall have a seal, the image of whic h must contain the name
of the registered commercial licensed interior designer, the
person's registration license number and the words, "Registered
Commercial Licensed Interior Designer, State of Oklahoma". All
technical submissions prepared by such registered commercial
licensed interior designer, or under the responsible control of the
registered commercial licensed interior designer, shall be sealed,
signed and dated, which shall mean that the registered commercial
licensed interior designer was in res ponsible control over the
content of such technical submissions during their preparation and
has applied the required professional standard of care, unless
prepared under the responsible control of an architect licensed in
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this state and signed and sealed by that licensed architect. No
registered commercial licensed interior designer may sign or seal
interior technical submissions unless they w ere prepared by or under
the responsible control of the registered commercial licensed
interior designer, except that:
1. The person may sign or seal those portions of the technical
submissions that were prepared by or under the responsible control
of persons who are registered licensed under the State Archi tectural
and Registered Commercial Licensed Interior Designers Act if the
licensed interior designer has reviewed an d adapted in whole or in
part such portions and has either coordinated their preparati on or
integrated them into the work . The seal may be a rubber stamp or
may be generated electronically, pursuant to rules adopted by the
Board; and
2. Registered commercial Licensed interior designers may submit
technical submissions, excluding fire and life safety systems, for
nonstructural interior construction fo r the Code Use Groups as
defined and listed in Section 46.2 1b of Title 59 of the Oklahoma
Statutes this title.
SECTION 27. AMENDATORY 59 O.S. 2021, Section 46.45, is
amended to read as follows:
Section 46.45 The privilege of engagi ng in practice as a
registered commercial licensed interior designer is persona l based
upon the qualifications o f the individual and evidenced by the
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individual's registration license. The registration license is not
transferable.
SECTION 28. AMENDATORY 59 O.S. 2021, Section 46.46, is
amended to read as foll ows:
Section 46.46 The Board of Governors of the Licensed
Architects, Landscape Architects and Registered Commercial Licensed
Interior Designers of Oklahoma may restore a registration license to
any person whose registration license has lapsed or has been revoked
or suspended. Application for the reissuance of a registration
license shall be made in the manner as t he Board may direct. The
fees prescribed by the rules shall acc ompany the application for
reissuance.
SECTION 29. AMENDATORY 59 O.S. 2021, Section 46. 47, is
amended to read as follows:
Section 46.47 Registration Licensure under the State
Architectural and Registered Commercial Licensed Interior Designers
Act shall not authorize a registered commercial licensed interior
designer to engage in the practice of architecture or landsca pe
architecture as described herein.
SECTION 30. This act shall become effective July 1, 2023.
SECTION 31. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and ap proval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/22/2023 - DO PASS, As Coauthored.