| 40 | 37 | | |
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| 41 | 38 | | |
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| 42 | 39 | | |
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| 43 | 40 | | An Act relating to professions and occupations; |
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| 44 | 41 | | amending 59 O.S. 2021, Section s 46.1, 46.2, 46.3, |
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| 45 | 42 | | 46.4, 46.7, 46.9, 46.10, 46.11, 46.12, 46.14, 46.17, |
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| 46 | 43 | | 46.18, 46.19, 46.20, 46.21, 46.21b, 46.24, 46.25, |
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| 47 | 44 | | 46.28, 46.31, 46.34, 46.38, 46.39 , 46.40, 46.41, |
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| 48 | 45 | | 46.42, 46.45, 46.46 and 46.47, which rela te to the |
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| 49 | 46 | | State Architectural and Registered Commercial |
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| 50 | 47 | | Interior Designers Act ; modifying various provisions |
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| 51 | 48 | | of the act; changing name of act; changing name of |
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| 52 | 49 | | registered commercial interior designers; providing |
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| 53 | 50 | | for licensure; removing certification requirements; |
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| 54 | 51 | | modifying definitions; changing name of the Board of |
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| 55 | 52 | | Governors of the Architects, Landscape Ar chitects and |
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| 56 | 53 | | Licensed Interior Designers of Oklahoma ; modifying |
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| 57 | 54 | | powers and duties of the Board; modifying use of |
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| 58 | 55 | | certain title; modifying renewal of license; |
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| 59 | 56 | | modifying grounds for suspension, revocation or |
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| 60 | 57 | | nonrenewal of license ; providing exemption; provid ing |
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| 61 | 58 | | an effective date; and declaring an emergenc y. |
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| 62 | 59 | | |
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| 63 | 60 | | |
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| 64 | 61 | | |
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| 98 | 98 | | SECTION 2. AMENDATORY 59 O.S. 2021, Section 46.2, is |
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| 99 | 99 | | amended to read as follows: |
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| 100 | 100 | | Section 46.2 In order to safeguard life, health and property |
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| 101 | 101 | | and to promote public welfare, the professions of architecture , |
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| 102 | 102 | | landscape architecture and registered commercial licensed interior |
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| 103 | 103 | | design are declared to be subject to regulation in the pu blic |
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| 104 | 104 | | interest. It is unlawful for any person to practice or offer to |
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| 105 | 105 | | practice architecture or, landscape architecture , or licensed |
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| 106 | 106 | | interior design in this state, as defined in the provi sions of the |
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| 107 | 107 | | State Architectural and Registered Commercial Licensed Interior |
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| 108 | 108 | | Designers Act, use in connection with the person's name, or |
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| 109 | 109 | | otherwise assume the title of architect, landscape architect or |
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| 110 | 110 | | registered commercial licensed interior designer, or advertise any |
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| 111 | 111 | | title or description tending to convey the impression that the |
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| 112 | 112 | | person is a licensed an architect or landscape architect or |
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| 113 | 113 | | registered commercial licensed interior designer unless the person |
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| 114 | 114 | | is duly licensed or exempt from licensure or registration under the |
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| 115 | 115 | | State Architectural and Registered Commercial Licensed Interior |
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| 116 | 116 | | Designers Act. The practice of architecture and, landscape |
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| 117 | 117 | | architecture and the use of the titles architect, landscape |
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| 118 | 118 | | architect and registered commercial licensed interior designer are |
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| 149 | 148 | | qualifications of the individual as evidenced by a cer tificate of |
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| 150 | 149 | | licensure or registration which shall not be transferable. |
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| 151 | 150 | | SECTION 3. AMENDATORY 59 O.S. 2021, Section 46.3, is |
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| 152 | 151 | | amended to read as follows: |
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| 153 | 152 | | Section 46.3 As used in the State A rchitectural and Registered |
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| 154 | 153 | | Commercial Licensed Interior Designers Act: |
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| 155 | 154 | | 1. "Architect" means any person who is licensed in the pr actice |
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| 156 | 155 | | of architecture in the State of Oklahoma as hereinafter defined; |
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| 157 | 156 | | 2. "Practice of architecture" means rendering or offe ring to |
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| 158 | 157 | | render certain services, in connec tion with the design and |
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| 159 | 158 | | construction, enlargement or alteration of a building or a grou p of |
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| 160 | 159 | | buildings and the space surrounding such buildings, including |
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| 161 | 160 | | buildings which have as their principal purpose human occup ancy or |
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| 162 | 161 | | habitation. The services referred to include planning, providing |
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| 163 | 162 | | preliminary studies, designs, drawings, specifications, |
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| 164 | 163 | | investigations and other technical submissions, the administration |
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| 165 | 164 | | of construction contr acts, and the coordination of any elem ents of |
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| 166 | 165 | | technical submissions prepared by other consultants including, as |
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| 167 | 166 | | appropriate and without limitation, consulting engineers and |
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| 168 | 167 | | landscape architects reviewing and coordinating technical |
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| 169 | 168 | | submissions prepared by other licensed professionals for use in the |
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| 200 | 198 | | other professional services as may be necessary fo r the rendering of |
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| 201 | 199 | | or offering to render a rchitectural services; |
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| 202 | 200 | | 3. "Registration" or "license" "License" means a certificate of |
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| 203 | 201 | | registration or license issued by the Board. The definition of |
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| 204 | 202 | | "license" shall apply to those persons licensed under a practice |
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| 205 | 203 | | act. The definition of "registration" shall apply to those persons |
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| 206 | 204 | | registered under the title registered commercial interior designer |
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| 207 | 205 | | under this act; |
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| 208 | 206 | | 4. "Building" means a structure consisting of a foundation, |
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| 209 | 207 | | walls, all floors and roof, with or without other parts; |
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| 210 | 208 | | 5. "Board" means the Board of Governors of the Licensed |
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| 211 | 209 | | Architects, Landscape Architects and Registered Commercial Licensed |
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| 212 | 210 | | Interior Designers of Oklahoma; |
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| 213 | 211 | | 6. "Certificate of authority " means the authorization granted |
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| 214 | 212 | | by the Board for perso ns to practice or offer to practice |
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| 215 | 213 | | architecture, or landscape architecture, or licensed interior design |
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| 216 | 214 | | through a partnership, firm, association, corporation, limited |
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| 217 | 215 | | liability company or limited liability partnership; |
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| 218 | 216 | | 7. "Certificate of title " means the authorization granted by |
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| 219 | 217 | | the Board for a partnership, firm, association, corporation, limit ed |
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| 220 | 218 | | liability company or limited liab ility partnership to use the title |
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| 250 | 247 | | 8. "Technical submissions " means drawings, plans, |
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| 251 | 248 | | specifications, studies and any other techn ical reports or documents |
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| 252 | 249 | | which are issued in the course of practicing architecture , landscape |
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| 253 | 250 | | architecture or registered commercial licensed interior design with |
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| 254 | 251 | | the intent that they be considered as for mal or final documents, but |
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| 255 | 252 | | shall not include record drawings . Prototypical plans are no t |
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| 256 | 253 | | technical submissions; |
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| 257 | 254 | | 9. 8. "Responsible control" means the amount of direct control |
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| 258 | 255 | | and personal supervision of architectur al, landscape architectural |
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| 259 | 256 | | or registered commercial licensed interior designer's design work |
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| 260 | 257 | | and detailed knowledge o f the content of tactical and technical |
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| 261 | 258 | | submissions during their preparation as is ordinarily exercised by |
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| 262 | 259 | | licensed architects, landscape architects or registered commercial |
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| 263 | 260 | | licensed interior designers applying the required professional |
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| 264 | 261 | | standard of care. The terms direct control and personal |
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| 265 | 262 | | supervision, whether used separately or together, mean active and |
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| 266 | 263 | | personal management of the firm 's personnel and practice to mai ntain |
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| 267 | 264 | | charge of, and concurrent direction over, architecture, landscape |
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| 268 | 265 | | architecture or the work of a registered commercial licensed |
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| 269 | 266 | | interior designer's decisions design and the instruments of |
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| 270 | 267 | | professional services to which th e licensee or registrant affixes |
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| 271 | 268 | | the seal, signature, and date; |
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| 301 | 297 | | Architectural and Registered Commercial Licensed Interior Designers |
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| 302 | 298 | | Act; |
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| 303 | 299 | | 11. 10. "Landscape architecture" means the performance of |
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| 304 | 300 | | professional services defined as teaching, consultations, |
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| 305 | 301 | | investigations, reconnaissance, research, planning, design, |
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| 306 | 302 | | preparation of construction drawings and specifications, |
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| 307 | 303 | | construction observation and the coo rdination of any elements of |
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| 308 | 304 | | technical submissions prepared by others in connection with the |
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| 309 | 305 | | planning and arranging of l and and the elements thereon for public |
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| 310 | 306 | | and private use and enjoyment, including the design and layout of |
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| 311 | 307 | | roadways, service areas, parki ng areas, walkways, steps, ram ps, |
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| 312 | 308 | | pools, parks, parkways, trails and recreational areas, the location |
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| 313 | 309 | | and site of improvements including buildings and other structures, |
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| 314 | 310 | | and the grading of the land, surface and subsoil drainage, erosion |
|---|
| 315 | 311 | | control, planting, r eforestation, and the preserva tion of the |
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| 316 | 312 | | natural landscape, in accordance with accepted professional |
|---|
| 317 | 313 | | standards, and to the extent that the dominant purpose of such |
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| 318 | 314 | | services or creative works is the preservation, conservation, |
|---|
| 319 | 315 | | enhancement, or determination of proper land uses, natural land |
|---|
| 320 | 316 | | features, ground cover and plantings, or naturalistic and aesthetic |
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| 321 | 317 | | values. |
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| 352 | 347 | | architecture. The practice of landscape architecture shall not |
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| 353 | 348 | | include the design of structures or facilities with separate and |
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| 354 | 349 | | self-contained purposes for habitation or industry, or the design of |
|---|
| 355 | 350 | | public streets, highways, utilities, storm and s anitary sewers and |
|---|
| 356 | 351 | | sewage treatment facilities, that are statutorily defined as the |
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| 357 | 352 | | practice of engineering or architecture; |
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| 358 | 353 | | 12. 11. "Code" means the nationally recognized codes adopted by |
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| 359 | 354 | | the Uniform Building Code Commission of the State of Oklahoma; |
|---|
| 360 | 355 | | 13. 12. "Applicable building official" means the official |
|---|
| 361 | 356 | | responsible for the application of the adopted building code as |
|---|
| 362 | 357 | | implemented by the local, municipal or county jurisdiction in which |
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| 363 | 358 | | a building is located . Where no building code has been adopted by |
|---|
| 364 | 359 | | the local, municipal or county jurisdiction, the applicable building |
|---|
| 365 | 360 | | official shall be defi ned as the State Fire Marshal; |
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| 366 | 361 | | 14. "Registered commercial interior designer" means a person |
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| 367 | 362 | | recognized by this state who is registered, qualified by examination |
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| 368 | 363 | | and meeting all the requirements set forth in the State |
|---|
| 369 | 364 | | Architectural and Registered Commercial Interior Designers Act and |
|---|
| 370 | 365 | | the Board's rules; |
|---|
| 403 | 397 | | current and applicable codes as ad opted by the Uniform Building Code |
|---|
| 404 | 398 | | Commission of the State of Oklahoma, other statutory codes and |
|---|
| 405 | 399 | | applicable federal codes and which shall b e submitted to all |
|---|
| 406 | 400 | | required building code and/or permit offices required by the State |
|---|
| 407 | 401 | | of Oklahoma, county, municipal and/or federal gover nment; |
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| 408 | 402 | | 16. 15. "Equivalent standards" means those standards adopted by |
|---|
| 409 | 403 | | the Board intended to be used as alternative eq uivalents to |
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| 410 | 404 | | determine competency for education, training and testing for |
|---|
| 411 | 405 | | licensing architects and/or, landscape architects and registering |
|---|
| 412 | 406 | | commercial licensed interior designers and for complying with the |
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| 413 | 407 | | Military Service Occupation, Education and Credent ialing Act for |
|---|
| 414 | 408 | | military personnel and their spouses ; |
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| 415 | 409 | | 17. "Commercial interior design " means the rendering of or the |
|---|
| 416 | 410 | | offering to render designs, consultations, studie s, planning, |
|---|
| 417 | 411 | | drawings, specifications, contract doc uments or other technical |
|---|
| 418 | 412 | | submissions and the administration of interior construction and |
|---|
| 419 | 413 | | contracts relating to nonstructural interior construction by a |
|---|
| 420 | 414 | | registered commercial interior designer in a new con structed or |
|---|
| 454 | 447 | | essential to the structural integrity of the building such as wind |
|---|
| 455 | 448 | | loads and seismic loads and to any element which mus t be designed |
|---|
| 456 | 449 | | for wind loads and seismi c loads; and |
|---|
| 457 | 450 | | 16. "Licensed interior design" means the rendering of or the |
|---|
| 458 | 451 | | offering to render services relating to nonstructural interior |
|---|
| 459 | 452 | | construction by a licensed interior designer in a newly constructed |
|---|
| 460 | 453 | | or existing building, including but not limited to : |
|---|
| 461 | 454 | | a. analysis, research, planning, an d design of the |
|---|
| 462 | 455 | | interior spaces of a building for t he purpose of |
|---|
| 463 | 456 | | enhancing and protecting the health, safety, a nd |
|---|
| 464 | 457 | | welfare of the public by p reparation of interior |
|---|
| 465 | 458 | | drawings, specifications, or other technical |
|---|
| 466 | 459 | | submissions and administration of nonstructural |
|---|
| 467 | 460 | | interior construction , |
|---|
| 468 | 461 | | b. design and specification of code-compliant interior |
|---|
| 469 | 462 | | finishes, furnishings, fixtures, or equipment, |
|---|
| 470 | 489 | | c. design or modification of existing nonstructural |
|---|
| 471 | 490 | | interior partitions, doors, suspended ceil ing systems, |
|---|
| 472 | 491 | | or constructed ceiling e lements, |
|---|
| 473 | 492 | | d. design or modification of existing inte rnal |
|---|
| 474 | 493 | | circulation systems or number and configuration of |
|---|
| 475 | 494 | | interior exits for suite occupant load, or |
|---|
| 476 | 495 | | e. review, analysis, and evaluation of building codes, |
|---|
| 477 | 496 | | accessibility standards, or guidelines for interior |
|---|
| 505 | 497 | | planning, design, and nonstructural interior |
|---|
| 506 | 498 | | construction compliance; |
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| 507 | 499 | | 17. "Nonstructural interior construction " means the |
|---|
| 508 | 500 | | construction of elements which do not include: |
|---|
| 509 | 501 | | a. design of, or the responsibility for , architectural |
|---|
| 510 | 502 | | and engineering work, except as explicitly provided |
|---|
| 511 | 503 | | for in this act, |
|---|
| 512 | 504 | | b. altering the building's existing primary structural, |
|---|
| 513 | 505 | | fire and life safety, mechanical, electrical, and |
|---|
| 514 | 506 | | plumbing systems, as set out in Oklahoma st ate law, |
|---|
| 515 | 507 | | this act, or the current International Building Code |
|---|
| 516 | 508 | | as adopted by the Oklahoma Uniform Building Code |
|---|
| 517 | 509 | | Commission, or other related primary building systems , |
|---|
| 518 | 510 | | and |
|---|
| 519 | 511 | | c. changes to the building 's core and shell; and |
|---|
| 520 | 538 | | l9. 18. "Fire and life safety systems " means those systems and |
|---|
| 521 | 539 | | construction that pertain to fire and life safety protection, such |
|---|
| 522 | 540 | | as fire sprinklers, fire alarms, smoke evacuation systems, fire |
|---|
| 523 | 541 | | walls, fire barriers or smoke barriers as defined by the current |
|---|
| 524 | 542 | | International Building Code adopte d by the Oklahoma Uniform Bu ilding |
|---|
| 525 | 543 | | Code Commission. |
|---|
| 526 | 544 | | The definitions in the State Architectural and Registered |
|---|
| 527 | 545 | | Commercial Licensed Interior Designers Act shall have the same |
|---|
| 555 | 546 | | meaning when applicable to any rule promulgated pursuant to such |
|---|
| 556 | 547 | | act. |
|---|
| 557 | 548 | | SECTION 4. AMENDATORY 59 O.S. 2021, Section 46.4, is |
|---|
| 558 | 549 | | amended to read as follows: |
|---|
| 559 | 550 | | Section 46.4 There is hereby re-created, to continue until July |
|---|
| 560 | 551 | | 1, 2023, in accordance with the provisions of the Oklahoma Sunset |
|---|
| 561 | 552 | | Law, a board to be known as the "Board of Governors of the Licensed |
|---|
| 562 | 553 | | Architects, Landscape Architects and Registered Commercial Licensed |
|---|
| 563 | 554 | | Interior Designers of Oklahoma", hereinafter referred to as the |
|---|
| 564 | 555 | | Board. The Board shall be compo sed of eleven (11) members includi ng |
|---|
| 565 | 556 | | six persons who are duly licensed to practice architecture and are |
|---|
| 566 | 557 | | in good standing in this state, two persons who are duly licensed to |
|---|
| 567 | 558 | | practice landscape architecture and are in good standing in th is |
|---|
| 568 | 559 | | state, two persons who are registered commercial duly licensed |
|---|
| 569 | 560 | | interior designers and who are active and in good standing and one |
|---|
| 570 | 561 | | lay member. Each member of the Board shall be a qualified el ector |
|---|
| 571 | 588 | | of this state, and the architect, landscape architect and registered |
|---|
| 572 | 589 | | commercial licensed interior designer members shall have had five |
|---|
| 573 | 590 | | (5) years' licensing or registration experience as the professional |
|---|
| 574 | 591 | | position requires in this state . Re-creation of the Board shall not |
|---|
| 575 | 592 | | alter existing staggered terms . Board members, other than th e lay |
|---|
| 576 | 593 | | member, shall be appointed for a period of five (5) years |
|---|
| 577 | 594 | | thereafter; provided, that nothing herein shall affect the tenure of |
|---|
| 578 | 595 | | office of anyone who is a member of the Board on May 31, 1957. A |
|---|
| 606 | 596 | | member may be reappointed to succeed such membership . The licensed |
|---|
| 607 | 597 | | architect, landscape architect or the registered commercial licensed |
|---|
| 608 | 598 | | interior designer members may be appointed by the Governor from a |
|---|
| 609 | 599 | | list of nominees submitted by respective professional societies of |
|---|
| 610 | 600 | | this state. Membership in a professional s ociety shall not be a |
|---|
| 611 | 601 | | prerequisite to appointment to the Board . The lay member of the |
|---|
| 612 | 602 | | Board shall be appointed by the Governor to a term coterminous with |
|---|
| 613 | 603 | | that of the Governor. The lay member shall serve at the pleasure of |
|---|
| 614 | 604 | | the Governor. Provided, the lay member may continue to serve after |
|---|
| 615 | 605 | | the expiration of the term of the member until such time as a |
|---|
| 616 | 606 | | successor is appointed. Vacancies which may occur in the membership |
|---|
| 617 | 607 | | of the Board shall be filled by appointment by the Governor . Each |
|---|
| 618 | 608 | | person who has been ap pointed to fill a vacancy shall serve for the |
|---|
| 619 | 609 | | remainder of the ter m for which the member the person shall succeed |
|---|
| 620 | 610 | | was appointed and until a successor, in turn, has been appo inted and |
|---|
| 621 | 611 | | shall have qualified. Each member of the Board, before entering |
|---|
| 622 | 638 | | upon the discharge of the duties of the member, shall make and file |
|---|
| 623 | 639 | | with the Secretary of State a written oath or affirmation for the |
|---|
| 624 | 640 | | faithful discharge of official duties . Each member of the Board and |
|---|
| 625 | 641 | | staff shall be reimbursed for travel expenses pursuant to the State |
|---|
| 626 | 642 | | Travel Reimbursement Act. |
|---|
| 627 | 643 | | SECTION 5. AMENDATORY 59 O.S. 2021, Section 46.7, is |
|---|
| 628 | 644 | | amended to read as follows: |
|---|
| 656 | 645 | | Section 46.7 In addition to the other powers and duties imposed |
|---|
| 657 | 646 | | by law, the Board of Governors of the Architects, Landscape |
|---|
| 658 | 647 | | Architects and Licensed Interior Designers of Oklahoma shall have |
|---|
| 659 | 648 | | the power and duty to: |
|---|
| 660 | 649 | | 1. Prescribe such rules and to m ake such orders, as it may deem |
|---|
| 661 | 650 | | necessary or expedient in the performance of its duties; |
|---|
| 662 | 651 | | 2. Prepare, conduct, and grade examinations of pe rsons who |
|---|
| 663 | 652 | | shall apply for the issuance of licenses and registrations to them, |
|---|
| 664 | 653 | | and to promulgate such rules with refer ence thereto as it may deem |
|---|
| 665 | 654 | | proper as a portion used to determine competency for the issuance of |
|---|
| 666 | 655 | | licenses or registrations; |
|---|
| 667 | 656 | | 3. Work with nationally recognized licensing and registration |
|---|
| 668 | 657 | | organizations to prep are, conduct, and grade examinations, written |
|---|
| 669 | 658 | | or oral, of persons who shall apply for the issuance of licenses or |
|---|
| 670 | 659 | | registrations; |
|---|
| 706 | 694 | | 7. Promulgate rules to govern the issuing of reciprocal |
|---|
| 707 | 695 | | licenses and registrations; |
|---|
| 708 | 696 | | 8. 7. Upon good cause shown, as hereinafter provided, deny the |
|---|
| 709 | 697 | | issuance of a license, registration, or certificate of authority or |
|---|
| 710 | 698 | | certificate of title or suspend, revoke, refuse to renew or iss ue |
|---|
| 711 | 699 | | probation orders for licenses or registrations, and/or require |
|---|
| 712 | 700 | | additional education al coursework and determine when the objectives |
|---|
| 713 | 701 | | have been met; |
|---|
| 714 | 702 | | 9. 8. Upon proper showing, reinstate or conditionally rein state |
|---|
| 715 | 703 | | licenses, registrations, certificates of t itle or certificates of |
|---|
| 716 | 704 | | authority previously issued; |
|---|
| 717 | 705 | | 10. 9. Review, affirm, reverse, vacate or modify its order with |
|---|
| 718 | 706 | | respect to any such denia l, suspension, revocation, probation and/or |
|---|
| 719 | 707 | | educational coursework requirements or refusal to renew; |
|---|
| 720 | 708 | | 11. 10. Prescribe rules governing proceedings for the denial of |
|---|
| 721 | 709 | | issuance of a license, registration, or certificate of authority or |
|---|
| 722 | 736 | | certificate of title , suspension, revocation or refusal to renew, to |
|---|
| 723 | 737 | | issue probation orders and/or require additional educational |
|---|
| 724 | 738 | | coursework and determine when the objectives ha ve been met for |
|---|
| 725 | 739 | | cause, and reinstate them; |
|---|
| 726 | 740 | | 12. 11. Prescribe such penalties, as it may deem proper, to be |
|---|
| 727 | 741 | | assessed against holders of licenses , registrations, or certificates |
|---|
| 728 | 742 | | of authority or certificates of title for the failure to pay the |
|---|
| 729 | 743 | | biennial fee hereinafter provided for; |
|---|
| 757 | 744 | | 13. 12. Levy civil penalties plus the legal costs incurred by |
|---|
| 758 | 745 | | the Board to prosecute the ca se against any person or entity who |
|---|
| 759 | 746 | | shall violate any of the provisions of the State Architectural and |
|---|
| 760 | 747 | | Registered Commercial Licensed Interior Designers Act, or any rule |
|---|
| 761 | 748 | | promulgated pursuant thereto; |
|---|
| 762 | 749 | | 14. 13. Obtain an office, secure such facilities, and employ, |
|---|
| 763 | 750 | | direct, discharge and define the duties and set the salaries of such |
|---|
| 764 | 751 | | office personnel and s et the salaries of such unclassified and |
|---|
| 765 | 752 | | exempt office personnel as deemed necessary by the Board; |
|---|
| 766 | 753 | | 15. 14. Initiate disciplinary action, prosecute and seek |
|---|
| 767 | 754 | | injunctions against any person or entity who has vi olated any of the |
|---|
| 768 | 755 | | provisions of the State Archit ectural and Registered Commercial |
|---|
| 769 | 756 | | Licensed Interior Designers Act or any rule of the Board promulgated |
|---|
| 770 | 757 | | pursuant to said act and against the owner/developer of the building |
|---|
| 771 | 758 | | type not exempt; |
|---|
| 772 | 785 | | 16. 15. Investigate alleged violations of the State |
|---|
| 773 | 786 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 774 | 787 | | Act or of the rules, orders or final decisions of the Board; |
|---|
| 775 | 788 | | 17. 16. Promulgate rules of conduct g overning the practice of |
|---|
| 776 | 789 | | licensed architects, landscape architects and registered commercial |
|---|
| 777 | 790 | | licensed interior designers; |
|---|
| 778 | 791 | | 18. 17. Keep accurate and complete records of proceedings, and |
|---|
| 779 | 792 | | certify the same as may be appropriate; |
|---|
| 807 | 793 | | 19. 18. Whenever it deems it appropriate, con fer with the |
|---|
| 808 | 794 | | Attorney General or the At torney General's assistants in connection |
|---|
| 809 | 795 | | with all legal matters and questions . The Board may also retain an |
|---|
| 810 | 796 | | attorney who is licensed to practice law in this state . The |
|---|
| 811 | 797 | | attorney shall serve at the pleasure of the Bo ard for such |
|---|
| 812 | 798 | | compensation as may be pro vided by the Board. The attorney shall |
|---|
| 813 | 799 | | advise the Board and perform legal services for th e Board with |
|---|
| 814 | 800 | | respect to any matters properly before the Board . In addition to |
|---|
| 815 | 801 | | the above, the Board may employ hearing examiner s to conduct |
|---|
| 816 | 802 | | administrative hearings un der the provisions of the Administrative |
|---|
| 817 | 803 | | Procedures Act; |
|---|
| 818 | 804 | | 20. 19. Prescribe by rules, fees to be charged as required by |
|---|
| 819 | 805 | | this act; |
|---|
| 820 | 806 | | 21. 20. Adopt rules providing for a program of continuing |
|---|
| 821 | 807 | | education in order to ensure that al l licensed architects or, |
|---|
| 822 | 808 | | landscape architects, and registered commercial licensed interior |
|---|
| 823 | 835 | | designers remain informed of those technical and professional |
|---|
| 824 | 836 | | subjects that the Board deems appropriate . The Board may by rule |
|---|
| 825 | 837 | | describe the methods by which the requirements of such program may |
|---|
| 826 | 838 | | be satisfied. Failure to meet such requirement s of continuing |
|---|
| 827 | 839 | | education shall result in n onrenewal of the license issued to the |
|---|
| 828 | 840 | | architect or, landscape architect, or nonrenewal of the registration |
|---|
| 829 | 841 | | issued to the registered commercial licensed interior designer; |
|---|
| 857 | 842 | | 22. 21. Adopt rules regarding requirements for intern |
|---|
| 858 | 843 | | development as a prerequisite for licensure or registration; |
|---|
| 859 | 844 | | 23. 22. Give scholarships, as determined by the Board, to an |
|---|
| 860 | 845 | | individual or individuals advancing toward obtaining an accredited |
|---|
| 861 | 846 | | National Architectural Accreditation Board, Landscape Architectural |
|---|
| 862 | 847 | | Accreditation Board or Coun cil for Interior Design Accreditation |
|---|
| 863 | 848 | | degree in one of these three professions in an Oklahoma higher |
|---|
| 864 | 849 | | education institution; and |
|---|
| 865 | 850 | | 24. 23. Take such other action as may be reasonably necessary |
|---|
| 866 | 851 | | or appropriate to effectuate the State Architectural and Registered |
|---|
| 867 | 852 | | Commercial Licensed Interior Designers Act . The Board may, at its |
|---|
| 868 | 853 | | discretion, contract with other state agencies and nonprofit |
|---|
| 869 | 854 | | corporations for the endowment, man agement, and administration of |
|---|
| 870 | 855 | | scholarships. The requirements of such scholarships shall be |
|---|
| 871 | 856 | | determined by the Board. However, nothing contained herein shall be |
|---|
| 872 | 857 | | construed as requiring the Board to endow or award any scholarship. |
|---|
| 873 | 884 | | SECTION 6. AMENDATORY 59 O.S. 2021, Section 46.9, is |
|---|
| 874 | 885 | | amended to read as follows: |
|---|
| 875 | 886 | | Section 46.9 A. The practice of architecture or, landscape |
|---|
| 876 | 887 | | architecture, or licensed interior design or offering to practice |
|---|
| 877 | 888 | | these professions for others by persons licensed under this act |
|---|
| 878 | 889 | | through a partnership, firm, association, corporation, limited |
|---|
| 879 | 890 | | liability company or limited liability partnership as directors, |
|---|
| 880 | 891 | | partners, officers, shareholders, employees, managers, members or |
|---|
| 908 | 892 | | principals is permitted, subject to t he provisions of the State |
|---|
| 909 | 893 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 910 | 894 | | Act, provided: |
|---|
| 911 | 895 | | 1. One or more of the directors, partners, officers, |
|---|
| 912 | 896 | | shareholders, managers, members or principals of said partnership, |
|---|
| 913 | 897 | | firm, association, corporation, l imited liability company or limited |
|---|
| 914 | 898 | | liability partnership is designated as being responsibl e for the |
|---|
| 915 | 899 | | entity's activities and decisions of said partnership, firm, |
|---|
| 916 | 900 | | association, corporation, limited liability company or limit ed |
|---|
| 917 | 901 | | liability partnership; |
|---|
| 918 | 902 | | 2. Such director, partner, officer, shareholder, manager, |
|---|
| 919 | 903 | | member or principal is duly licensed und er the State Architectural |
|---|
| 920 | 904 | | and Registered Commercial Licensed Interior Designers Act; |
|---|
| 921 | 905 | | 3. All personnel of said partnership, firm, association, |
|---|
| 922 | 906 | | corporation, limited l iability company or limited liability |
|---|
| 923 | 907 | | partnership which who act on behalf of the entity fo r these |
|---|
| 924 | 934 | | professions in the state are licensed under the State Architectural |
|---|
| 925 | 935 | | and Registered Commercial Licensed Interior Designers Act; and |
|---|
| 926 | 936 | | 4. Said partnership, firm, association, corporation, limited |
|---|
| 927 | 937 | | liability company or limited liability partnership has been issued a |
|---|
| 928 | 938 | | certificate of authority by the Board. |
|---|
| 929 | 939 | | B. The Board shall have the power to issue, revoke, deny, or |
|---|
| 930 | 940 | | refuse to renew a ce rtificate of authority for a pa rtnership, firm, |
|---|
| 931 | 941 | | association, corporation, limited liability company or limited |
|---|
| 959 | 942 | | liability partnership as provided for in the State Architectural and |
|---|
| 960 | 943 | | Registered Commercial Licensed Interior Designers Act. |
|---|
| 961 | 944 | | C. A partnership, firm, association, corporation, l imited |
|---|
| 962 | 945 | | liability company or limited liability partnership desiring to |
|---|
| 963 | 946 | | practice architectur e or, landscape architecture, or licensed |
|---|
| 964 | 947 | | interior design shall file with the Board an application for a |
|---|
| 965 | 948 | | certificate of author ity for each office location performing work on |
|---|
| 966 | 949 | | Oklahoma projects on a form approved by the Boa rd which shall |
|---|
| 967 | 950 | | include the names, a ddresses, state of licensure and license number |
|---|
| 968 | 951 | | of all partners, directors, officers, members, managers or |
|---|
| 969 | 952 | | principals of the partnership, firm, association, corporati on, |
|---|
| 970 | 953 | | limited liability company or limited liability part nership legally |
|---|
| 971 | 954 | | responsible for the entity's practice. The form shall name an |
|---|
| 972 | 955 | | individual having the practice of architecture in such person 's |
|---|
| 973 | 956 | | charge who is a director, partner, officer, member, manage r or |
|---|
| 974 | 957 | | principal. The person shall be duly licensed as a n architect to |
|---|
| 975 | 984 | | practice architectur e or licensed as a landscape architect to |
|---|
| 976 | 985 | | practice landscape architecture , or as a licensed interior designer |
|---|
| 977 | 986 | | to practice licensed interior design in this state through said |
|---|
| 978 | 987 | | partnership, firm, association, corporation, limited liability |
|---|
| 979 | 988 | | company or limited liability partnership legally responsible for the |
|---|
| 980 | 989 | | entity's practice or services offered and other information required |
|---|
| 981 | 990 | | by the Board. In the event there shall be a ch ange in any of these |
|---|
| 982 | 991 | | persons during the term of the certification, such change shall be |
|---|
| 1010 | 992 | | filed with the Board within thirty (30) days after the effective |
|---|
| 1011 | 993 | | date of said change. If all of the requirements of this section and |
|---|
| 1012 | 994 | | the Board's current rules have bee n met, the Board shall issue a |
|---|
| 1013 | 995 | | certificate of authority to such partnership, firm, associa tion, |
|---|
| 1014 | 996 | | corporation, limited liability company or limited liability |
|---|
| 1015 | 997 | | partnership. |
|---|
| 1016 | 998 | | D. Any other person licensed pursuant to the State |
|---|
| 1017 | 999 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 1018 | 1000 | | Act, not practicing these professions as a partnership, f irm, |
|---|
| 1019 | 1001 | | association, corporation, limited liabili ty company or limited |
|---|
| 1020 | 1002 | | liability partnership, shall practice as an individual. |
|---|
| 1021 | 1003 | | E. No such partnership, firm, association , corporation, limited |
|---|
| 1022 | 1004 | | liability company or limited liability partnership shall be relieve d |
|---|
| 1023 | 1005 | | of responsibility for the conduct or acts o f its agents, employees, |
|---|
| 1024 | 1006 | | partners, directors, officers, managers, members or principals by |
|---|
| 1025 | 1007 | | reason of its compliance with the provisions of this section, or |
|---|
| 1026 | 1034 | | shall any individual practicing these professions be re lieved of |
|---|
| 1027 | 1035 | | responsibility for professional ser vices performed as an individual |
|---|
| 1028 | 1036 | | by reason of such person 's employment or relationship with s uch |
|---|
| 1029 | 1037 | | partnership, firm, assoc iation, corporation, limited liability |
|---|
| 1030 | 1038 | | company or limited liability partnership. |
|---|
| 1031 | 1039 | | F. The Secretary of State shall not issue a certific ate of |
|---|
| 1032 | 1040 | | incorporation or register a foreign corporation or any other entity |
|---|
| 1033 | 1041 | | which includes among the objectives for which i t is established any |
|---|
| 1061 | 1042 | | of the words "Architect", "Architectural", "Architecture", |
|---|
| 1062 | 1043 | | "Landscape Architect", "Landscape Architecture", "Licensed Interior |
|---|
| 1063 | 1044 | | Designer", or "Licensed Interior Design ", or any modification or |
|---|
| 1064 | 1045 | | derivation of these words, unless the Board has issued for said |
|---|
| 1065 | 1046 | | applicant either a certificate of authority for an entity, or a |
|---|
| 1066 | 1047 | | letter indicating eligibility for an exemption pursuant to the State |
|---|
| 1067 | 1048 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 1068 | 1049 | | Act. The entity applying shall su pply such certificate or letter |
|---|
| 1069 | 1050 | | from the Board with its application for incorporation or |
|---|
| 1070 | 1051 | | registration. |
|---|
| 1071 | 1052 | | G. The Secretary of State shall not register any trade name or |
|---|
| 1072 | 1053 | | service mark which includes such word s, as set forth in subse ction F |
|---|
| 1073 | 1054 | | of this section, or modifications or derivatives thereof in its firm |
|---|
| 1074 | 1055 | | name or logotype except those entities or individuals holding |
|---|
| 1075 | 1056 | | certificates of authority issued under the provisions of this |
|---|
| 1076 | 1057 | | section or letters of eligibili ty issued by the Board. |
|---|
| 1077 | 1084 | | H. The use of the title "Registered Commercial Interior |
|---|
| 1078 | 1085 | | Designer" by a partnership, firm, association, corporation, l imited |
|---|
| 1079 | 1086 | | liability company or limited liability partnership is allowed to |
|---|
| 1080 | 1087 | | those entities listed, provided: |
|---|
| 1081 | 1088 | | 1. One or more of the directors, partners, officers, |
|---|
| 1082 | 1089 | | shareholders, members, managers or principals is registered with the |
|---|
| 1083 | 1090 | | Board as a registered commercial interior designer and is in good |
|---|
| 1084 | 1091 | | standing with the Board; and |
|---|
| 1112 | 1092 | | 2. The partnership, firm, association, corp oration, limited |
|---|
| 1113 | 1093 | | liability company or limited liability partnership has been issued a |
|---|
| 1114 | 1094 | | certificate of title by the Board. |
|---|
| 1115 | 1095 | | I. The Board shall have the power to issue, revoke, deny or |
|---|
| 1116 | 1096 | | refuse to renew a certificate of title for a partnership, firm, |
|---|
| 1117 | 1097 | | association, corporation, limited liability company or limited |
|---|
| 1118 | 1098 | | liability partnership as provided for in the State Architectural and |
|---|
| 1119 | 1099 | | Registered Commercial Interior Designers Act. |
|---|
| 1120 | 1100 | | J. A partnership, firm, association, corporation, limited |
|---|
| 1121 | 1101 | | liability company or limite d liability partnership shall file with |
|---|
| 1122 | 1102 | | the Board an application for a certificate of title on a form |
|---|
| 1123 | 1103 | | approved by the Board which shall include the names, addresses, |
|---|
| 1124 | 1104 | | state of registration and registration number of all directors, |
|---|
| 1125 | 1105 | | partners, officers, shareh olders, members, managers, or principals |
|---|
| 1126 | 1106 | | of the partnership, firm, association, corporation, limited |
|---|
| 1127 | 1107 | | liability company or limited liability partner ship. In the event |
|---|
| 1128 | 1134 | | there shall be a replacement of any of these persons during the term |
|---|
| 1129 | 1135 | | of certification, th e change shall be filed with the Board within |
|---|
| 1130 | 1136 | | thirty (30) days after the effective date of the change . If all the |
|---|
| 1131 | 1137 | | requirements of this section, th is act and the current rules of the |
|---|
| 1132 | 1138 | | Board have been met, the Board shall issue a certificate of title to |
|---|
| 1133 | 1139 | | such partnership, firm, association, corporation, limited lia bility |
|---|
| 1134 | 1140 | | company or limited liability partnership. |
|---|
| 1162 | 1141 | | K. The Secretary of State shall not issu e a certificate of |
|---|
| 1163 | 1142 | | incorporation or register a foreign corporation or any other entity |
|---|
| 1164 | 1143 | | which includes among the objectives for which it is established any |
|---|
| 1165 | 1144 | | of the words "Registered Commercial Interior Designer" or any |
|---|
| 1166 | 1145 | | modification or derivation of these wor ds, unless the Board has |
|---|
| 1167 | 1146 | | issued for the applicant either a certificate of title for an |
|---|
| 1168 | 1147 | | entity, or a letter i ndicating the eligibility for an exemption |
|---|
| 1169 | 1148 | | pursuant to the State Architectural and Registered Commercial |
|---|
| 1170 | 1149 | | Interior Designers Act . The firm applying shall supply such |
|---|
| 1171 | 1150 | | certificate of title or letter from the Board with its application |
|---|
| 1172 | 1151 | | for incorporation or registration. |
|---|
| 1173 | 1152 | | L. The Secretary of State shall not register any trade name or |
|---|
| 1174 | 1153 | | service mark which includes such words as set forth in subsection K |
|---|
| 1175 | 1154 | | of this section, or modification or derivatives thereof in its firm |
|---|
| 1176 | 1155 | | name or logotype except those entities or individuals holding |
|---|
| 1177 | 1156 | | certificates of title issued un der the provisions of this section or |
|---|
| 1178 | 1157 | | letters of eligibility issued by the Board. |
|---|
| 1212 | 1190 | | Licensed Interior Designers Act and the rules of the Board, a |
|---|
| 1213 | 1191 | | certificate of authority shall be renewed as provided in this act. |
|---|
| 1214 | 1192 | | SECTION 7. AMENDATORY 59 O.S. 2021, Section 46.10, is |
|---|
| 1215 | 1193 | | amended to read as follows: |
|---|
| 1216 | 1194 | | Section 46.10 Every licensed archit ect, landscape architect and |
|---|
| 1217 | 1195 | | registered commercial licensed interior designer shall pay to the |
|---|
| 1218 | 1196 | | Board a fee as prescribed by the rules of the Boa rd. Upon receipt |
|---|
| 1219 | 1197 | | of the fee the Board shall issue a renewal of the license or |
|---|
| 1220 | 1198 | | registration, which shall authorize the pe rson to practice |
|---|
| 1221 | 1199 | | architecture, landscape architecture or use the title registered |
|---|
| 1222 | 1200 | | commercial licensed interior designer design, as the case may be, in |
|---|
| 1223 | 1201 | | this state. The license of an architect or, landscape architect, or |
|---|
| 1224 | 1202 | | the registration of a registered commercial licensed interior |
|---|
| 1225 | 1203 | | designer which has been canceled by the Board for nonpayment of dues |
|---|
| 1226 | 1204 | | may be renewed at any time within three (3) years from the date of |
|---|
| 1227 | 1205 | | the cancellation, upon p ayment to the Board of the fees which had |
|---|
| 1228 | 1206 | | accrued at the time of the cancellation and which would have been |
|---|
| 1229 | 1207 | | paid at the time of reinstatement had not the license or |
|---|
| 1263 | 1240 | | may warrant and as may be prescribed b y the Board in order to |
|---|
| 1264 | 1241 | | determine continued competency of the licensee or registrant. A |
|---|
| 1265 | 1242 | | partnership, firm, association, corporation, limited liability |
|---|
| 1266 | 1243 | | company or limited liability partnership shall pay to the Board the |
|---|
| 1267 | 1244 | | fee prescribed and in the manner pro vided by the rules of the Board |
|---|
| 1268 | 1245 | | for the renewal of the certificate of authority or certificate of |
|---|
| 1269 | 1246 | | title for such partnership, firm, association, corporation, l imited |
|---|
| 1270 | 1247 | | liability company or limited liability partnership. |
|---|
| 1271 | 1248 | | SECTION 8. AMENDATORY 59 O.S. 2021, Section 46.11, is |
|---|
| 1272 | 1249 | | amended to read as follows: |
|---|
| 1273 | 1250 | | Section 46.11 No license for architects or landscape architects |
|---|
| 1274 | 1251 | | or a certificate of authority for a partnership, firm, association, |
|---|
| 1275 | 1252 | | corporation, limited liability company or limited liability |
|---|
| 1276 | 1253 | | partnership, shall be issued or renewed for longer t han two (2) |
|---|
| 1277 | 1254 | | years. A license or certificate may be renewed upon application, |
|---|
| 1278 | 1255 | | compliance with this act or the rules of the Board, and payment of |
|---|
| 1279 | 1256 | | fees prior to or on June 30 of alternate years. Every licensed |
|---|
| 1280 | 1257 | | architect or, landscape architect, or licensed interior designer |
|---|
| 1314 | 1290 | | SECTION 9. AMENDATORY 59 O.S. 2021, Section 46.12, is |
|---|
| 1315 | 1291 | | amended to read as fol lows: |
|---|
| 1316 | 1292 | | Section 46.12 After the expiration of a period of six (6 ) |
|---|
| 1317 | 1293 | | months and upon payment to the Board of a fee a s prescribed by the |
|---|
| 1318 | 1294 | | rules of the Board, a person or entity whose license , registration |
|---|
| 1319 | 1295 | | or certificate of authority has been suspended or revoked for cause, |
|---|
| 1320 | 1296 | | pursuant to the provisions of the State Architectur al and Registered |
|---|
| 1321 | 1297 | | Commercial Licensed Interior Designers Act, may file an application |
|---|
| 1322 | 1298 | | with the Board for the reinstatement of said licen se, registration, |
|---|
| 1323 | 1299 | | or certificate of authority or certificate of title . After a |
|---|
| 1324 | 1300 | | showing has been made by the applicant t o the Board that the |
|---|
| 1325 | 1301 | | interests of the public will not suffer by reason of reinstatement, |
|---|
| 1326 | 1302 | | the Board in its discretion may order the reinstat ement of the |
|---|
| 1327 | 1303 | | license, registration, or certificate of authority or certificate of |
|---|
| 1328 | 1304 | | title upon the payment of a sum equ al to the fees which would have |
|---|
| 1329 | 1305 | | accrued had not the license, registration, or certificate of |
|---|
| 1330 | 1306 | | authority or certificate of title of the applicant been suspended or |
|---|
| 1331 | 1307 | | revoked. |
|---|
| 1332 | 1334 | | SECTION 10. AMENDATORY 59 O.S. 2021, Section 46.14, is |
|---|
| 1333 | 1335 | | amended to read as follows : |
|---|
| 1334 | 1336 | | Section 46.14 A. The Board of Governors of the Licensed |
|---|
| 1335 | 1337 | | Architects, Landscape Architects and Registered Commercial Licensed |
|---|
| 1336 | 1338 | | Interior Designers of Oklahoma shall have power to suspend, to |
|---|
| 1337 | 1339 | | revoke or refuse to renew a license, registration, or certificate of |
|---|
| 1365 | 1340 | | authority or certificate of title issued by it, pursuant to the |
|---|
| 1366 | 1341 | | provisions of the State Architectural and Registered Commercial |
|---|
| 1367 | 1342 | | Licensed Interior Designers Act, when the holder thereof: |
|---|
| 1368 | 1343 | | 1. Has been convicted of a felony crime that substantially |
|---|
| 1369 | 1344 | | relates to the practice of archite cture, landscape architecture or |
|---|
| 1370 | 1345 | | licensed interior design and poses a reasonable threat to public |
|---|
| 1371 | 1346 | | safety; |
|---|
| 1372 | 1347 | | 2. Has been guilty of fraud or misrepresentation; |
|---|
| 1373 | 1348 | | 3. Has been guilty of gross incompetence or reck lessness in the |
|---|
| 1374 | 1349 | | practice of architecture relating to the construction of buildings |
|---|
| 1375 | 1350 | | or structures, or of dishonest practices; |
|---|
| 1376 | 1351 | | 4. Has been guilty of gross incompeten ce or recklessness in the |
|---|
| 1377 | 1352 | | practice of landscape architecture, or of dishonest practices; |
|---|
| 1378 | 1353 | | 5. Has been guilty of gross incompetence or reckles sness in the |
|---|
| 1379 | 1354 | | practice of licensed interior design, or of dishonest practices; |
|---|
| 1380 | 1355 | | 6. Presents the license , registration or certification of |
|---|
| 1381 | 1356 | | another as his or her own; |
|---|
| 1382 | 1357 | | 6. 7. Gives false or forged evidence to t he Board; |
|---|
| 1416 | 1390 | | person or entity complai ned of shall be afforded the opportunity for |
|---|
| 1417 | 1391 | | a formal hearing carried out as described under the current |
|---|
| 1418 | 1392 | | Administrative Procedures Act or settled by th e Board with a consent |
|---|
| 1419 | 1393 | | order or final order appro ved by the Board. |
|---|
| 1420 | 1394 | | The Board shall keep a record of the e vidence in, and a record |
|---|
| 1421 | 1395 | | of each proceeding for the suspe nsion, revocation of or refusal to |
|---|
| 1422 | 1396 | | renew a license or certificate of authority and shall make findings |
|---|
| 1423 | 1397 | | of fact and render a decision therein . If, after a hearing, the |
|---|
| 1424 | 1398 | | charges shall have been found t o have been sustained by the vote of |
|---|
| 1425 | 1399 | | a majority of the me mbers of the Board it shall immediately enter |
|---|
| 1426 | 1400 | | its order of suspension, revocation, penalties, probation, |
|---|
| 1427 | 1401 | | educational coursework and objectives or refusal to renew, as the |
|---|
| 1428 | 1402 | | case may be. |
|---|
| 1429 | 1403 | | B. As used in this section: |
|---|
| 1430 | 1404 | | 1. "Substantially relates " means the nature of criminal conduct |
|---|
| 1431 | 1405 | | for which the person was convic ted has a direct bearing on the |
|---|
| 1432 | 1406 | | fitness or ability to perform one or more of the duties or |
|---|
| 1433 | 1407 | | responsibilities necessarily related to the occupation; and |
|---|
| 1467 | 1440 | | Section 46.17 Any person or entity c onvicted of violating any |
|---|
| 1468 | 1441 | | provision of the State Architectural and Registered Commercial |
|---|
| 1469 | 1442 | | Licensed Interior Designers Act shall be guilty of a misdemeanor . |
|---|
| 1470 | 1443 | | The continued violation of any provision of the State Architectural |
|---|
| 1471 | 1444 | | and Registered Commercial Licensed Interior Designers Act during |
|---|
| 1472 | 1445 | | each day shall be deemed to be a separate offense. Upon conviction |
|---|
| 1473 | 1446 | | thereof, the person or entity shall be punished by imprisonment in |
|---|
| 1474 | 1447 | | the county jail not to exceed one (1) year, or b y a fine of not more |
|---|
| 1475 | 1448 | | than One Thousand Do llars ($1,000.00), or by both such fine and |
|---|
| 1476 | 1449 | | imprisonment for each offense. The Board may request the |
|---|
| 1477 | 1450 | | appropriate district attorney to prosecute such violation and seek |
|---|
| 1478 | 1451 | | an injunction against such practice. |
|---|
| 1479 | 1452 | | SECTION 12. AMENDATORY 59 O.S. 2021, Section 46.18, is |
|---|
| 1480 | 1453 | | amended to read as follows: |
|---|
| 1481 | 1454 | | Section 46.18 A. Any person or entity who has been determined |
|---|
| 1482 | 1455 | | by the Board to have violated any provision of the State |
|---|
| 1483 | 1456 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 1484 | 1457 | | Act or any rule or order issued pursuant to the provision s of the |
|---|
| 1517 | 1489 | | ($10,000.00) for any violatio n plus the legal costs incurred by the |
|---|
| 1518 | 1490 | | Board to prosecute the case. |
|---|
| 1519 | 1491 | | B. The amount of the pen alty shall be assessed by the Board |
|---|
| 1520 | 1492 | | pursuant to the provisions of subsection A of this section, after |
|---|
| 1521 | 1493 | | notice and hearing. In determining the amount of the penalt y, the |
|---|
| 1522 | 1494 | | Board shall include but not be limited to cons ideration of the |
|---|
| 1523 | 1495 | | nature, circumstances, a nd gravity of the violation and, with |
|---|
| 1524 | 1496 | | respect to the person or entity found to have committed the |
|---|
| 1525 | 1497 | | violation, the degree of culp ability, the effect on ability of t he |
|---|
| 1526 | 1498 | | person or entity to continue to do business, and a ny show of good |
|---|
| 1527 | 1499 | | faith in attempting to ac hieve compliance with the provisions of the |
|---|
| 1528 | 1500 | | State Architectural and Registered Commercial Licensed Interior |
|---|
| 1529 | 1501 | | Designers Act. All monies collected from such civil penalties shall |
|---|
| 1530 | 1502 | | be deposited with the State Treasurer of Oklahoma and placed in the |
|---|
| 1531 | 1503 | | Board of Architects' Fund. |
|---|
| 1532 | 1504 | | C. Any license, registration, or certificate of authority or |
|---|
| 1533 | 1505 | | certificate of title holder may elect to surrende r the license, |
|---|
| 1534 | 1506 | | registration, or certificate of authority or certificate of title in |
|---|
| 1535 | 1507 | | lieu of said fine but shall be forever barred from obtaining a |
|---|
| 1567 | 1538 | | Section 46.19 All monies which shall be paid to the Board |
|---|
| 1568 | 1539 | | pursuant to the provisio ns of the State Architectural and Registered |
|---|
| 1569 | 1540 | | Commercial Licensed Interior Designers Act shall be deposited with |
|---|
| 1570 | 1541 | | the State Treasurer of Okl ahoma and placed in a separate and |
|---|
| 1571 | 1542 | | distinct fund to be known as the "Board of Architects' Fund". At |
|---|
| 1572 | 1543 | | the end of each fiscal year hereafter such unexpended balance |
|---|
| 1573 | 1544 | | remaining in the Board of Architects ' Fund shall be carried over and |
|---|
| 1574 | 1545 | | continued therein. All sums of money now or hereafter to be or to |
|---|
| 1575 | 1546 | | come into the fund are here by appropriated for the purpose of |
|---|
| 1576 | 1547 | | effectuating the purposes of the State Architectural and Registered |
|---|
| 1577 | 1548 | | Commercial Licensed Interior Designers Act, and to pay all costs and |
|---|
| 1578 | 1549 | | expenses heretofore and hereafter incurred in connection therewith. |
|---|
| 1579 | 1550 | | SECTION 14. AMENDATORY 5 9 O.S. 2021, Section 46.20, is |
|---|
| 1580 | 1551 | | amended to read as follows: |
|---|
| 1581 | 1552 | | Section 46.20 At the close of each fiscal year, the Board shall |
|---|
| 1582 | 1553 | | make a full report of its proceedings during the year to t he |
|---|
| 1583 | 1554 | | Governor and shall pay into the Genera l Revenue Fund of the state |
|---|
| 1584 | 1555 | | ten percent (10%) of all license, registration, and certificate of |
|---|
| 1585 | 1556 | | authority and certificate of title issuance and renewal fees |
|---|
| 1586 | 1557 | | collected and received during the fiscal year. |
|---|
| 1618 | 1588 | | persons, firms, corporations, li mited liability companies or limited |
|---|
| 1619 | 1589 | | liability partnerships that do not hold a license , registration or |
|---|
| 1620 | 1590 | | certification in any jurisdiction for exempt ed Code Use Groups |
|---|
| 1621 | 1591 | | defined by the State Architectural and Registered Commercial |
|---|
| 1622 | 1592 | | Licensed Interior Designers Act, providing such persons and/or |
|---|
| 1623 | 1593 | | entities shall not represent such person or entity to be a n |
|---|
| 1624 | 1594 | | architect, licensed interior designer, or other title of profession |
|---|
| 1625 | 1595 | | or business using a form of the word words, "Architect" or "Licensed |
|---|
| 1626 | 1596 | | Interior Designer". This act shall not prevent such persons and/or |
|---|
| 1627 | 1597 | | entities from advertising or sel ling their services. |
|---|
| 1628 | 1598 | | Any architect, landscape architect or registered commercial |
|---|
| 1629 | 1599 | | licensed interior designer from any jurisdiction that who contracts, |
|---|
| 1630 | 1600 | | provides or holds out to the public that they are he or she is able |
|---|
| 1631 | 1601 | | to provide professional services in Oklahoma is require d to hold a |
|---|
| 1632 | 1602 | | license, registration or certificate of authority or certificate of |
|---|
| 1633 | 1603 | | title as needed from the Board, even on exempt Cod e Use Groups, and |
|---|
| 1634 | 1604 | | an architect or, landscape architect, or licensed interior designer |
|---|
| 1635 | 1605 | | is required to sign, seal and date all c onstruction documents and |
|---|
| 1636 | 1606 | | technical submissions. |
|---|
| 1669 | 1638 | | C. The following shall govern design competitions in the state: |
|---|
| 1670 | 1639 | | 1. Nothing in this act shall prohibit a person or firm from |
|---|
| 1671 | 1640 | | participating in an a rchitectural design competition involving on ly |
|---|
| 1672 | 1641 | | architectural programmin g, planning, schematic design or design |
|---|
| 1673 | 1642 | | development information provided to a sponsor; and |
|---|
| 1674 | 1643 | | 2. The competition winner, prior to seeking the commission for |
|---|
| 1675 | 1644 | | architectural services on the proposed project, shall apply for |
|---|
| 1676 | 1645 | | licensing in this state within ten (1 0) days of notification of |
|---|
| 1677 | 1646 | | winning the competition and complete the process within thirty (30) |
|---|
| 1678 | 1647 | | days. |
|---|
| 1679 | 1648 | | SECTION 16. AMENDATORY 59 O.S. 2021, Section 46.21b, is |
|---|
| 1680 | 1649 | | amended to read as follows: |
|---|
| 1681 | 1650 | | Section 46.21b A. An architect shall be req uired to plan, |
|---|
| 1682 | 1651 | | design and prepare plans and specifications for the following Code |
|---|
| 1683 | 1652 | | Use Groups except where specifically exempt from the provisions of |
|---|
| 1684 | 1653 | | the State Architectural and Registered Commercial Licensed Interior |
|---|
| 1685 | 1654 | | Designers Act. All Code Use Groups in this sect ion are defined by |
|---|
| 1686 | 1655 | | the current International Building Code. |
|---|
| 1719 | 1687 | | 2. Code Use Group R-2 - Residential, limited to dormitories , |
|---|
| 1720 | 1688 | | fraternities and sororities, and mo nasteries and convents; |
|---|
| 1721 | 1689 | | 3. Code Use Group A-1 - Assembly and theaters; |
|---|
| 1722 | 1690 | | 4. Code Use Group A-4 - Assembly, arenas and courts; |
|---|
| 1723 | 1691 | | 5. Code Use Group A-5 - Assembly, bleachers and grandstands; |
|---|
| 1724 | 1692 | | and |
|---|
| 1725 | 1693 | | 6. Code Use Group H – High hazard; and |
|---|
| 1726 | 1694 | | 7. Buildings for which the designated Code Use Group changes |
|---|
| 1727 | 1695 | | are not exempt from the State Architectural and Registered |
|---|
| 1728 | 1696 | | Commercial Licensed Interior Designers Act. |
|---|
| 1729 | 1697 | | C. The following shall be exempt from the provisions of the |
|---|
| 1730 | 1698 | | State Architectural and Registered Commercial Licensed Interior |
|---|
| 1731 | 1699 | | Designers Act; provided that, for the p urposes of this subsection, a |
|---|
| 1732 | 1700 | | basement is not to be counted as a story for the purpose of counting |
|---|
| 1733 | 1701 | | stories of a buildin g for height regulations: |
|---|
| 1734 | 1702 | | 1. The construction, addition or altera tion of a building no |
|---|
| 1735 | 1703 | | more than two stories in height and with a code -defined occupancy of |
|---|
| 1736 | 1704 | | no more than fifty (50) persons for the Code Use Groups A -2 and A-3 |
|---|
| 1737 | 1705 | | - Assembly and Code Use Group E - Education; |
|---|
| 1769 | 1736 | | 3. The construction, addition or alteration of a building no |
|---|
| 1770 | 1737 | | more than two stories in height and with a gross square footage not |
|---|
| 1771 | 1738 | | exceeding one hundred thousand (100,000) in the Code Use Group B - |
|---|
| 1772 | 1739 | | Business; |
|---|
| 1773 | 1740 | | 4. The construction, addition or alterat ion of a building no |
|---|
| 1774 | 1741 | | more than two stories in height and with a gr oss square footage not |
|---|
| 1775 | 1742 | | exceeding two hundred thousand (200,000) in the Code Use Group M - |
|---|
| 1776 | 1743 | | Mercantile; and |
|---|
| 1777 | 1744 | | 5. The construction, addition or alteration of a building no |
|---|
| 1778 | 1745 | | more than two stories in height in the following Code Use Groups or |
|---|
| 1779 | 1746 | | buildings: |
|---|
| 1780 | 1747 | | a. Code Use Group U - Utility, |
|---|
| 1781 | 1748 | | b. Code Use Group F - Factory and Industrial, |
|---|
| 1782 | 1749 | | c. Code Use Group H - High hazard, |
|---|
| 1783 | 1750 | | d. Code Use Group S - Storage, |
|---|
| 1784 | 1751 | | e. d. Code Use Group R2 - Residential, including apartme nts |
|---|
| 1785 | 1752 | | containing no more than thirty-two dwelling units or |
|---|
| 1786 | 1753 | | thirty-two guest units per buil ding, |
|---|
| 1787 | 1754 | | f. e. Code Use Groups R3 and R4 - Residential, |
|---|
| 1819 | 1785 | | h. g. incidental buildings or appurtenances associated with |
|---|
| 1820 | 1786 | | paragraphs 1 through 5 of this subsection, and |
|---|
| 1821 | 1787 | | i. h. all uninhabitable, privately owned agricultural |
|---|
| 1822 | 1788 | | buildings. |
|---|
| 1823 | 1789 | | D. The addition, renovation or alteration of buildings where |
|---|
| 1824 | 1790 | | the use was exempt as ne w construction shall remain exempt if the |
|---|
| 1825 | 1791 | | Code Use Group does not change. |
|---|
| 1826 | 1792 | | E. Upgrades, repairs, replacements and changes made on project s |
|---|
| 1827 | 1793 | | in Code Use Groups found in t his title requiring an architect are |
|---|
| 1828 | 1794 | | exempt from hiring an archite ct if the upgrades, re pairs, |
|---|
| 1829 | 1795 | | replacements or changes do not affect the existing primary |
|---|
| 1830 | 1796 | | structural, mechanical, or electrical systems, life-safety life |
|---|
| 1831 | 1797 | | safety systems, fire codes or exit passageways and/or egress as |
|---|
| 1832 | 1798 | | determined by the applicable building official havin g jurisdiction. |
|---|
| 1833 | 1799 | | F. Nonstructural interior construction projects in Cod e Use |
|---|
| 1834 | 1800 | | Groups requiring an architect are exempt from hiring an architect if |
|---|
| 1835 | 1801 | | the services are performed by a licensed interior designer. |
|---|
| 1836 | 1802 | | SECTION 17. AMENDATORY 59 O.S. 2021, Section 46.24, is |
|---|
| 1837 | 1803 | | amended to read as follows: |
|---|
| 1870 | 1835 | | 2. Is the holder of an accredited professional degree in |
|---|
| 1871 | 1836 | | architecture and shall hav e had such practical training as this act |
|---|
| 1872 | 1837 | | and the Board, by rule, shall deem appropriate . In lieu of the |
|---|
| 1873 | 1838 | | requirement of an accredited professional degree, the Board may |
|---|
| 1874 | 1839 | | license an applicant who demonstrates in accordance with such |
|---|
| 1875 | 1840 | | standards and requiremen ts as determined by this act and/or the |
|---|
| 1876 | 1841 | | Board's rules that the person has such other educati onal experience |
|---|
| 1877 | 1842 | | as the Board deems equivalent to an accredited professional degree |
|---|
| 1878 | 1843 | | in architecture or in any case the Board decides the interest of the |
|---|
| 1879 | 1844 | | public will be served and the person is determined to be qualified |
|---|
| 1880 | 1845 | | and competent by equivalent standards for architects and in |
|---|
| 1881 | 1846 | | compliance with this act and rules or in compliance with the |
|---|
| 1882 | 1847 | | Military Service Occupation, Education and Credentialing Act ; |
|---|
| 1883 | 1848 | | 3. Has paid to the Board a fee as prescribed by the rules of |
|---|
| 1884 | 1849 | | the Board plus the actual cost of the examinatio n given by the |
|---|
| 1885 | 1850 | | Board; and |
|---|
| 1886 | 1851 | | 4. Has passed the examinations prescribed by the Board for the |
|---|
| 1887 | 1852 | | issuance of a license. |
|---|
| 1921 | 1885 | | the Military Service Occupation, Education and Credentialing Act or |
|---|
| 1922 | 1886 | | with any declared state of emergency. |
|---|
| 1923 | 1887 | | C. The examination for a license to practice architecture in |
|---|
| 1924 | 1888 | | this state shall be held not less than once each year, shall cover |
|---|
| 1925 | 1889 | | such subjects as may be pre scribed by the Board and shall be graded |
|---|
| 1926 | 1890 | | on such basis as the Board shall prescribe by rule . The Board may |
|---|
| 1927 | 1891 | | adopt the examinations, requirements for admission to th e |
|---|
| 1928 | 1892 | | examinations and the grading procedures of the National Council of |
|---|
| 1929 | 1893 | | Architectural Registrat ion Boards or its successor. Notice of the |
|---|
| 1930 | 1894 | | time and place for the holding of examinations shall be given in the |
|---|
| 1931 | 1895 | | manner and form prescribed by the Board and may be administered |
|---|
| 1932 | 1896 | | electronically. |
|---|
| 1933 | 1897 | | D. The license certificate shall be in a form prescribed by th e |
|---|
| 1934 | 1898 | | Board. The certificate shall be signed by the chair and by the |
|---|
| 1935 | 1899 | | secretary-treasurer of the Board and shall bear the impress of the |
|---|
| 1936 | 1900 | | seal of the Board. All papers received by the Board relating to an |
|---|
| 1937 | 1901 | | application for a license, to an examination and to the issuance of |
|---|
| 1938 | 1902 | | a license shall be electronically retained by the Board and |
|---|
| 1972 | 1935 | | examination problem solut ions, letters of inquiry and reference |
|---|
| 1973 | 1936 | | concerning applicants, Board inquiry forms concerning applicants, |
|---|
| 1974 | 1937 | | and investigation files. |
|---|
| 1975 | 1938 | | SECTION 18. AMENDATORY 59 O.S. 2021, Section 46.25, is |
|---|
| 1976 | 1939 | | amended to read as follows: |
|---|
| 1977 | 1940 | | Section 46.25 Each licensed architect shall have a seal, the |
|---|
| 1978 | 1941 | | image of which must contain the name of the architect, the person's |
|---|
| 1979 | 1942 | | license number and the words "Licensed Architect, State of |
|---|
| 1980 | 1943 | | Oklahoma". |
|---|
| 1981 | 1944 | | All technical submissions prepared by s uch architect, or under |
|---|
| 1982 | 1945 | | the responsible control o f the architect, shall be sealed, signed |
|---|
| 1983 | 1946 | | and dated, which shall mean t hat the architect was in responsible |
|---|
| 1984 | 1947 | | control over the content of such technical submissions during their |
|---|
| 1985 | 1948 | | preparation and has applied the required professional standard of |
|---|
| 1986 | 1949 | | care. No licensed architect may sign or seal technical submissions |
|---|
| 1987 | 1950 | | unless they were prepared by or under the responsible control of the |
|---|
| 1988 | 1951 | | architect, except that: |
|---|
| 2023 | 1985 | | 2. The person may sign or sea l those portions of the technical |
|---|
| 2024 | 1986 | | submissions that are not required to be prepared by or under the |
|---|
| 2025 | 1987 | | responsible control of an architect if the arch itect has reviewed |
|---|
| 2026 | 1988 | | and adapted in whole or in part such submissions and integrated them |
|---|
| 2027 | 1989 | | into the work. The seal may be a rubber stamp or may be generated |
|---|
| 2028 | 1990 | | electronically, pursuant to rules adopted by the Board. |
|---|
| 2029 | 1991 | | SECTION 19. AMENDATORY 59 O.S. 2021, Section 46.28, is |
|---|
| 2030 | 1992 | | amended to read as follows: |
|---|
| 2031 | 1993 | | Section 46.28 The State Architectural and Registered Commercial |
|---|
| 2032 | 1994 | | Licensed Interior Designers Act shall not require the licensing or |
|---|
| 2033 | 1995 | | registration of practitioners of the following professions and |
|---|
| 2034 | 1996 | | occupations to practice landscape arch itecture: |
|---|
| 2035 | 1997 | | 1. A professional civil engineer, as defined in Section 475.2 |
|---|
| 2036 | 1998 | | of this title, certified to practice the profession in this state |
|---|
| 2037 | 1999 | | under any act to regulate the practice of that profession . Nothing |
|---|
| 2038 | 2000 | | contained in the State Architectural and Registered Commercial |
|---|
| 2039 | 2001 | | Licensed Interior Designers Act shall be construed as precluding an |
|---|
| 2073 | 2034 | | 3. An agriculturist, horticulturist, forester as defined in |
|---|
| 2074 | 2035 | | Section 1202 of this title, nursery operator, gardener, landscape |
|---|
| 2075 | 2036 | | gardener, garden or law n caretaker and grader or cultivator of land |
|---|
| 2076 | 2037 | | involved in the selection, placement, planting and maintenance of |
|---|
| 2077 | 2038 | | plant material; |
|---|
| 2078 | 2039 | | 4. Persons who act under the supervision of a lice nsed |
|---|
| 2079 | 2040 | | landscape architect or an employee of a person lawfully engaged in |
|---|
| 2080 | 2041 | | the practice of landscape architecture and who, in either event, |
|---|
| 2081 | 2042 | | does not assume responsible charge of design or supervision; |
|---|
| 2082 | 2043 | | 5. Regional planners or urban planners, who evaluate and |
|---|
| 2083 | 2044 | | develop land-use plans to provide for community and municipal |
|---|
| 2084 | 2045 | | projections of growth patterns based on demographic needs; |
|---|
| 2085 | 2046 | | 6. A landscape designer or contractor whose business is |
|---|
| 2086 | 2047 | | choosing types of plants, planning their location and the design of |
|---|
| 2087 | 2048 | | landscapes for those projects or whose work is limited to projects |
|---|
| 2088 | 2049 | | for a single-family residential home. Landscape design or |
|---|
| 2089 | 2050 | | installation work may also be performed by an owner or occupant on |
|---|
| 2090 | 2051 | | the single-family residence of the owner or occupant; |
|---|
| 2123 | 2083 | | SECTION 20. AMENDATORY 59 O.S. 2021, Section 46.31, is |
|---|
| 2124 | 2084 | | amended to read as follows: |
|---|
| 2125 | 2085 | | Section 46.31 A. Except as otherwise provided in the State |
|---|
| 2126 | 2086 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 2127 | 2087 | | Act, no license shall be issued to an y person to practice landscape |
|---|
| 2128 | 2088 | | architecture in this state unless the person: |
|---|
| 2129 | 2089 | | 1. Is twenty-one (21) years of age or older; |
|---|
| 2130 | 2090 | | 2. Holds a degree from an accredited landscape architecture |
|---|
| 2131 | 2091 | | program and has such practical training as this act and the Board 's |
|---|
| 2132 | 2092 | | rules deem appropriate; |
|---|
| 2133 | 2093 | | 3. Has passed the examinations prescribed by the Board |
|---|
| 2134 | 2094 | | including the Oklahoma Plant Materials Exam; and |
|---|
| 2135 | 2095 | | 4. Has paid all applicable fees. |
|---|
| 2136 | 2096 | | B. If the Board determines th e interest of the public will be |
|---|
| 2137 | 2097 | | served and the person is deemed by the Board to be qual ified and |
|---|
| 2138 | 2098 | | competent by equivalent standards as the Board sets by rule or in |
|---|
| 2139 | 2099 | | compliance with the Military Service Occupation, Education and |
|---|
| 2140 | 2100 | | Credentialing Act, the applic ation shall be approved by the Board |
|---|
| 2173 | 2132 | | and form as prescribed by the Board. All landscape architects are |
|---|
| 2174 | 2133 | | required to take and pass the Oklahoma Plant Materials Exam. |
|---|
| 2175 | 2134 | | D. The Board shall establish rules for examination of lands cape |
|---|
| 2176 | 2135 | | architects and may elect to follow the recommendations of the |
|---|
| 2177 | 2136 | | Council of Landscape Architectural Registration Boards (CLARB) or |
|---|
| 2178 | 2137 | | its successor. The examinations examination shall be designed to |
|---|
| 2179 | 2138 | | determine the qualifications of the applicant to practice landscape |
|---|
| 2180 | 2139 | | architecture. The examination shall cover such technical, |
|---|
| 2181 | 2140 | | professional and practical subjects as relate to the practice of the |
|---|
| 2182 | 2141 | | profession of landscape arc hitecture. The examination shall also |
|---|
| 2183 | 2142 | | cover the basic arts and sciences and knowledge of material whi ch is |
|---|
| 2184 | 2143 | | necessary to the proper understanding, application and qualific ation |
|---|
| 2185 | 2144 | | for practice of the profession of landscape architecture. The |
|---|
| 2186 | 2145 | | minimum passing grade in all subjects of the examination shall be as |
|---|
| 2187 | 2146 | | established by the Board . An applicant receiving a passing grade on |
|---|
| 2188 | 2147 | | a subject included in the examination will be giv en credit, subject |
|---|
| 2189 | 2148 | | to CLARB's provisions and subject to the rules of the Board . |
|---|
| 2190 | 2149 | | Applicants for readmittance to the examination shall pay the |
|---|
| 2191 | 2150 | | application fee. |
|---|
| 2223 | 2181 | | person to engage in th e practice of landscape architecture in this |
|---|
| 2224 | 2182 | | state. |
|---|
| 2225 | 2183 | | E. Pursuant to such rules as it may have adopted, the Board |
|---|
| 2226 | 2184 | | shall have the power to issue licenses wit hout requiring an |
|---|
| 2227 | 2185 | | examination to persons who have been licensed to practice landscape |
|---|
| 2228 | 2186 | | architecture in states other than the State of Oklahoma, in a |
|---|
| 2229 | 2187 | | territory of the United States, in the District of Columbia, or in a |
|---|
| 2230 | 2188 | | country other than the United States pr ovided that the state, |
|---|
| 2231 | 2189 | | territory, district or country has a similar reciprocal provision to |
|---|
| 2232 | 2190 | | authorize the issuance of licenses to persons who have been licensed |
|---|
| 2233 | 2191 | | in this state. If a person who has been licensed in a state other |
|---|
| 2234 | 2192 | | than the State of Oklahoma, in a territory of the United States, in |
|---|
| 2235 | 2193 | | the District of Columbia, or in a country other than the Uni ted |
|---|
| 2236 | 2194 | | States complies with this act and rules of the Board, the secretary - |
|---|
| 2237 | 2195 | | treasurer, in the exercise of his or her discretion, or upon the |
|---|
| 2238 | 2196 | | order of the Board and upon the receipt of all applicable fees |
|---|
| 2239 | 2197 | | prescribed by the Board, shall issue to the person a lic ense to |
|---|
| 2240 | 2198 | | practice landscape architecture in this state. |
|---|
| 2274 | 2231 | | involving only programming, planning, schematic design or design |
|---|
| 2275 | 2232 | | development information provided to a sponsor; and |
|---|
| 2276 | 2233 | | 2. The competition winner, prior to s eeking the commission for |
|---|
| 2277 | 2234 | | services on the proposed project, shall apply for licensing in this |
|---|
| 2278 | 2235 | | state within ten (10) days of notification of winning the |
|---|
| 2279 | 2236 | | competition and complete the process within thirty (30) days. |
|---|
| 2280 | 2237 | | SECTION 21. AMENDATORY 59 O.S. 2021, Section 46.34, is |
|---|
| 2281 | 2238 | | amended to read as follows: |
|---|
| 2282 | 2239 | | Section 46.34 A. Each licensed landscape architect shall have |
|---|
| 2283 | 2240 | | a seal, the image of which shall contain the name of the landscape |
|---|
| 2284 | 2241 | | architect, the person 's license number and the words "Licensed |
|---|
| 2285 | 2242 | | Landscape Architect, State of Oklahoma". All technical submissions |
|---|
| 2286 | 2243 | | prepared by such landscape architect, or under the responsible |
|---|
| 2287 | 2244 | | control of the landscape architect, shall be sealed, signed and |
|---|
| 2288 | 2245 | | dated, which shall mean that the landscap e architect was in |
|---|
| 2289 | 2246 | | responsible control over the content of such technical submissions |
|---|
| 2290 | 2247 | | during their preparat ion and has applied the required professional |
|---|
| 2291 | 2248 | | standard of care. No licensed landscape architect may sign or seal |
|---|
| 2325 | 2281 | | reviewed and adapted in wh ole or in part such portions and has |
|---|
| 2326 | 2282 | | either coordinated their preparation or integrated them into the |
|---|
| 2327 | 2283 | | work; and |
|---|
| 2328 | 2284 | | 2. The person may sign or seal those portions of the te chnical |
|---|
| 2329 | 2285 | | submissions that are not required to be prepared by or under the |
|---|
| 2330 | 2286 | | responsible control of a landscape architect if the landscape |
|---|
| 2331 | 2287 | | architect has reviewed and adapted in whole or in part such |
|---|
| 2332 | 2288 | | submissions and integrated them into the work. The seal may be a |
|---|
| 2333 | 2289 | | rubber stamp or may be generated electronically pursuant to rules |
|---|
| 2334 | 2290 | | adopted by the Board. |
|---|
| 2335 | 2291 | | B. All drawings, specifications, plans, reports or other papers |
|---|
| 2336 | 2292 | | or documents involving the practice of landscape architecture, shall |
|---|
| 2337 | 2293 | | be dated and bear the signatu re and seal of the landscape architect |
|---|
| 2338 | 2294 | | or landscape architects who prepared or approved them. It is |
|---|
| 2339 | 2295 | | permissible to only sign, seal and date documents on the first sheet |
|---|
| 2340 | 2296 | | of bound sets of drawings, with index of drawings included, t itle |
|---|
| 2341 | 2297 | | page of specificatio ns, and other drawings and contract documents in |
|---|
| 2342 | 2298 | | a manner consistent with this act and r ules of the Board. |
|---|
| 2375 | 2330 | | D. The license of a landscape architect shall not permit the |
|---|
| 2376 | 2331 | | practice of architecture, eng ineering or land surveyin g, except that |
|---|
| 2377 | 2332 | | which is incidental, meaning less than ten percent (10%) of the |
|---|
| 2378 | 2333 | | total cost of the total project, to the practice of landscape |
|---|
| 2379 | 2334 | | architecture. No landscape architect shall permit his or her seal |
|---|
| 2380 | 2335 | | to be affixed to any pl ans, specifications or dr awings if such |
|---|
| 2381 | 2336 | | portions thereof as are involved in the practice of his or her |
|---|
| 2382 | 2337 | | particular profession were not prepared by or under the landscape |
|---|
| 2383 | 2338 | | architect's responsible control. |
|---|
| 2384 | 2339 | | SECTION 22. AMENDATORY 59 O.S. 2021, Section 46.38, is |
|---|
| 2385 | 2340 | | amended to read as follows: |
|---|
| 2386 | 2341 | | Section 46.38 A. Except as otherwise provided in the Stat e |
|---|
| 2387 | 2342 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 2388 | 2343 | | Act, no registration license shall be issued to any person to |
|---|
| 2389 | 2344 | | represent that the person is a "registered commercial licensed |
|---|
| 2390 | 2345 | | interior designer" nor shall any person be allowed to use the term |
|---|
| 2391 | 2346 | | or practice licensed interior design unless the person pays to the |
|---|
| 2392 | 2347 | | Board the required fees and/or penalties if applicable as |
|---|
| 2393 | 2348 | | established by the rules of the Board and: |
|---|
| 2426 | 2380 | | 2. Provides proof of a minimum of two (2) years of full-time |
|---|
| 2427 | 2381 | | diversified and appropriate experience within established standards |
|---|
| 2428 | 2382 | | as the Board shall prescribe; and |
|---|
| 2429 | 2383 | | 3. Provides to the Board proof of passage of the exa mination |
|---|
| 2430 | 2384 | | administered by the Council for Interior Design Qualification or its |
|---|
| 2431 | 2385 | | successor or an equivalent examination as determined by the Board. |
|---|
| 2432 | 2386 | | B. The Board may waive the req uirements of the State |
|---|
| 2433 | 2387 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 2434 | 2388 | | Act for an individual who holds a current valid registration or |
|---|
| 2435 | 2389 | | license from another state, jurisdiction or foreign country where |
|---|
| 2436 | 2390 | | the requirements for registration or licensure are substantially |
|---|
| 2437 | 2391 | | equivalent to those required for registration licensure in this |
|---|
| 2438 | 2392 | | state and pays the required fees and/or penalties, if applicable, to |
|---|
| 2439 | 2393 | | the Board. |
|---|
| 2440 | 2394 | | C. This section does not apply to a person licensed to practice |
|---|
| 2441 | 2395 | | architecture pursuant to the laws of this state. |
|---|
| 2442 | 2396 | | D. Nothing in this act shall be constru ed to authorize the |
|---|
| 2443 | 2397 | | Board to regulate or prohibit persons who are rendering interior |
|---|
| 2444 | 2398 | | design services and are not registered commercial licensed interior |
|---|
| 2477 | 2430 | | 1. The use of the title "Registered Commercial Licensed |
|---|
| 2478 | 2431 | | Interior Designer" by a partnership, firm, association, corporation, |
|---|
| 2479 | 2432 | | limited liability company or limited liability partnership is |
|---|
| 2480 | 2433 | | allowed to those entities listed, provided: |
|---|
| 2481 | 2434 | | a. one or more of the directors, partners, officers, |
|---|
| 2482 | 2435 | | shareholders, members, managers, o r principals is a |
|---|
| 2483 | 2436 | | registered commercial licensed interior designer and |
|---|
| 2484 | 2437 | | is in good standing with the Board, and |
|---|
| 2485 | 2438 | | b. the partnership, firm, association, corporation, |
|---|
| 2486 | 2439 | | limited liability company or limited liability |
|---|
| 2487 | 2440 | | partnership has been issued a certificate of title |
|---|
| 2488 | 2441 | | authority by the Board; |
|---|
| 2489 | 2442 | | 2. The Board shall have the power to issue, revoke , deny or |
|---|
| 2490 | 2443 | | refuse to renew a certificate of title authority for a partnership, |
|---|
| 2491 | 2444 | | firm, association, corporation, limited liability company or limited |
|---|
| 2492 | 2445 | | liability partnership as provided for i n this act; |
|---|
| 2493 | 2446 | | 3. A partnership, firm, association, corporation, limited |
|---|
| 2494 | 2447 | | liability company or limited liability partnership shall file with |
|---|
| 2495 | 2448 | | the Board an applica tion for a certificate of title authority on a |
|---|
| 2496 | 2475 | | form approved by the B oard which shall include the names, addresses, |
|---|
| 2497 | 2476 | | state of registration or licensure and registration or license |
|---|
| 2498 | 2477 | | number of all directors, partners, officers, s hareholders, members, |
|---|
| 2499 | 2478 | | managers or principals of the partnership, firm, association, |
|---|
| 2500 | 2479 | | corporation, limited liability company o r limited liability |
|---|
| 2528 | 2480 | | partnership. In the event there shall be a change in any of these |
|---|
| 2529 | 2481 | | persons during the term of certification, the change shall be filed |
|---|
| 2530 | 2482 | | with the Board within thirty (30) days after the effective date of |
|---|
| 2531 | 2483 | | the change. If all the requiremen ts of this section and the Board 's |
|---|
| 2532 | 2484 | | current rules have been met, the Board shall issue a certificate of |
|---|
| 2533 | 2485 | | title authority to the partnership, firm, association, corp oration, |
|---|
| 2534 | 2486 | | limited liability company or limited liability partnership; |
|---|
| 2535 | 2487 | | 4. The Secretary of State shall not issue a certificate of |
|---|
| 2536 | 2488 | | incorporation or register a foreign cor poration or any other entity |
|---|
| 2537 | 2489 | | which includes among the obje ctives for which it is establi shed the |
|---|
| 2538 | 2490 | | words "Registered Commercial Licensed Interior Designer" or any |
|---|
| 2539 | 2491 | | modification or derivation of these words, unless the Board has |
|---|
| 2540 | 2492 | | issued for the applicant either a certificate of title for an |
|---|
| 2541 | 2493 | | entity, or a letter indicat ing the eligibility for an exe mption |
|---|
| 2542 | 2494 | | pursuant to the requirements of this act . The firm applying shall |
|---|
| 2543 | 2495 | | supply the certificate of title authority or letter from the Board |
|---|
| 2544 | 2496 | | with its application for in corporation or registration; |
|---|
| 2545 | 2497 | | 5. The Secretary of State sh all not register any trade nam e or |
|---|
| 2546 | 2498 | | service mark which includes such the words as set forth in paragraph |
|---|
| 2578 | 2529 | | 6. Upon application for renewal and upon compliance w ith the |
|---|
| 2579 | 2530 | | provisions of this act and the rules of the Board, a certificate of |
|---|
| 2580 | 2531 | | title authority shall be renewed as provided b y this act. |
|---|
| 2581 | 2532 | | F. No registration license for registered commercial licensed |
|---|
| 2582 | 2533 | | interior designers or a certificate of title authority for a |
|---|
| 2583 | 2534 | | partnership, firm, association, corporation, limited liability |
|---|
| 2584 | 2535 | | company or limited liabilit y partnership, shall be issued or renewed |
|---|
| 2585 | 2536 | | for longer than two (2) years. A registration license or |
|---|
| 2586 | 2537 | | certificate of title authority may be renewed upon application, |
|---|
| 2587 | 2538 | | compliance with the rules of the B oard and payment of fees prior to |
|---|
| 2588 | 2539 | | or on June 30 of alternate years . The registration for registered |
|---|
| 2589 | 2540 | | commercial interior designers shall begin July 1, 2007, and shall |
|---|
| 2590 | 2541 | | end June 30, 2009, unless renewed ev ery two (2) years thereafter . A |
|---|
| 2591 | 2542 | | new registration license to replace a lost, destroyed or mutilated |
|---|
| 2592 | 2543 | | registration license shall be issued by the Board upon payment of a |
|---|
| 2593 | 2544 | | fee established in accordance with the rules of the Board. |
|---|
| 2594 | 2545 | | SECTION 23. AMENDATORY 59 O.S. 2021, Section 46.39, is |
|---|
| 2595 | 2546 | | amended to read as follows: |
|---|
| 2596 | 2547 | | Section 46.39 Any person who applies to become a registered |
|---|
| 2597 | 2548 | | commercial licensed interior designer and remits the application and |
|---|
| 2629 | 2579 | | compliance with the Military Service Occupation, Education and |
|---|
| 2630 | 2580 | | Credentialing Act and requirements as the Board adopts by rule, that |
|---|
| 2631 | 2581 | | the applicant has the interior design educat ion and training that |
|---|
| 2632 | 2582 | | the Board deems equivalent to an accredited professional degree in |
|---|
| 2633 | 2583 | | interior design and the applicant has passed the examination of the |
|---|
| 2634 | 2584 | | Council for Interior Design Qualification or its successor, or an |
|---|
| 2635 | 2585 | | equivalent examination as determi ned by the Board. |
|---|
| 2636 | 2586 | | In lieu of the requirement of any professional degree, an |
|---|
| 2637 | 2587 | | applicant may provide documented proof of diversified and |
|---|
| 2638 | 2588 | | appropriate experience in the practice of interior design for a |
|---|
| 2639 | 2589 | | period of six (6) years and the applicant has passed the e xamination |
|---|
| 2640 | 2590 | | of the Council for Interior Design Qualification or its successor, |
|---|
| 2641 | 2591 | | or an equivalent examination as determined by the Board. |
|---|
| 2642 | 2592 | | The Board has the authority to issue temporary registrations |
|---|
| 2643 | 2593 | | licenses while qualifying the applicant in compliance with t he |
|---|
| 2644 | 2594 | | Military Service Occupation, Education and Credentialing Act. |
|---|
| 2645 | 2595 | | SECTION 24. AMENDATORY 59 O.S. 2021, Section 46.40, is |
|---|
| 2646 | 2596 | | amended to read as foll ows: |
|---|
| 2647 | 2597 | | Section 46.40 A. The Board of Governors of the Licensed |
|---|
| 2648 | 2598 | | Architects, Landscape Architects and Registered Commercial Licensed |
|---|
| 2680 | 2629 | | design for a period of fifteen (15) years prior to Ju ly 1, 2007, if |
|---|
| 2681 | 2630 | | the person is not registered licensed under the State Arch itectural |
|---|
| 2682 | 2631 | | and Registered Commercial Licensed Interior Designers Act and not |
|---|
| 2683 | 2632 | | exempt from the requirement for registration licensure in order to |
|---|
| 2684 | 2633 | | use the title "Registered Commercial Licensed Interior Designer". |
|---|
| 2685 | 2634 | | B. The State Architectural and Registered Commercial Licensed |
|---|
| 2686 | 2635 | | Interior Designers Act shall not be construed to prohibit or |
|---|
| 2687 | 2636 | | interfere with the ability of a licensed an architect to perform |
|---|
| 2688 | 2637 | | those activities that are associated with hi s or her practice as |
|---|
| 2689 | 2638 | | provided under the provis ions of the State Architectural and |
|---|
| 2690 | 2639 | | Registered Commercial Licensed Interior Designers Act. |
|---|
| 2691 | 2640 | | SECTION 25. AMENDATORY 59 O.S. 2021, Section 46.41, is |
|---|
| 2692 | 2641 | | amended to read as follows: |
|---|
| 2693 | 2642 | | Section 46.41 A. It shall be unlawful for any person o r entity |
|---|
| 2694 | 2643 | | to use the title "Registered Commercial Licensed Interior Designer" |
|---|
| 2695 | 2644 | | or any other derivation of these wor ds to indicate that the person |
|---|
| 2696 | 2645 | | or entity is registered licensed under the provisions of the State |
|---|
| 2697 | 2646 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 2698 | 2647 | | Act or engages in the practice of licensed inter ior design, if the |
|---|
| 2699 | 2648 | | person is not registered licensed under this act. |
|---|
| 2731 | 2679 | | form of the term in the title of a profession or business or engages |
|---|
| 2732 | 2680 | | in the practice of licensed interior design without first having |
|---|
| 2733 | 2681 | | complied with the provisions of the State Architectural and |
|---|
| 2734 | 2682 | | Registered Commercial Licensed Interior Designers Act shall be |
|---|
| 2735 | 2683 | | deemed guilty of a mis demeanor. |
|---|
| 2736 | 2684 | | SECTION 26. AMENDATORY 59 O.S. 2021, Section 46.42, is |
|---|
| 2737 | 2685 | | amended to read as follows: |
|---|
| 2738 | 2686 | | Section 46.42 Each registered commercial licensed interior |
|---|
| 2739 | 2687 | | designer shall have a seal, the image of which must contain the name |
|---|
| 2740 | 2688 | | of the registered commercial licensed interior designer, the |
|---|
| 2741 | 2689 | | person's registration license number and the words, "Registered |
|---|
| 2742 | 2690 | | Commercial Licensed Interior Designer, State of Oklahoma". All |
|---|
| 2743 | 2691 | | technical submissions prepared by such registered commercial |
|---|
| 2744 | 2692 | | licensed interior designer, or under the responsible control of the |
|---|
| 2745 | 2693 | | registered commercial licensed interior designer, shall be sealed, |
|---|
| 2746 | 2694 | | signed and dated, which shall mean that the registered commercial |
|---|
| 2747 | 2695 | | licensed interior designer was in responsible control over the |
|---|
| 2748 | 2696 | | content of such technical submissions during their preparation and |
|---|
| 2749 | 2697 | | has applied the required professional standard of care, unless |
|---|
| 2750 | 2698 | | prepared under the responsible control of an architect licensed in |
|---|
| 2781 | 2728 | | the responsible control of the registered commercial licensed |
|---|
| 2782 | 2729 | | interior designer, except that: |
|---|
| 2783 | 2730 | | 1. The person may sign or seal those portions of the technical |
|---|
| 2784 | 2731 | | submissions that were prepared by or under the responsible control |
|---|
| 2785 | 2732 | | of persons who are registered licensed under the State Archi tectural |
|---|
| 2786 | 2733 | | and Registered Commercial Licensed Interior Designers Act if the |
|---|
| 2787 | 2734 | | licensed interior designer has reviewed an d adapted in whole or in |
|---|
| 2788 | 2735 | | part such portions and has either coordinated their preparati on or |
|---|
| 2789 | 2736 | | integrated them into the work . The seal may be a rubber stamp or |
|---|
| 2790 | 2737 | | may be generated electronically, pursuant to rules adopted by the |
|---|
| 2791 | 2738 | | Board; and |
|---|
| 2792 | 2739 | | 2. Registered commercial Licensed interior designers may submit |
|---|
| 2793 | 2740 | | technical submissions, excluding fire and life safety systems, for |
|---|
| 2794 | 2741 | | nonstructural interior construction fo r the Code Use Groups as |
|---|
| 2795 | 2742 | | defined and listed in Section 46.21b of Title 59 of the Oklahoma |
|---|
| 2796 | 2743 | | Statutes this title. |
|---|
| 2797 | 2744 | | SECTION 27. AMENDATORY 59 O.S. 2021, Section 46.45, is |
|---|
| 2798 | 2745 | | amended to read as follows: |
|---|
| 2799 | 2746 | | Section 46.45 The privilege of engagi ng in practice as a |
|---|
| 2800 | 2747 | | registered commercial licensed interior designer is persona l based |
|---|
| 2801 | 2748 | | upon the qualifications o f the individual and evidenced by the |
|---|
| 2831 | 2777 | | SECTION 28. AMENDATORY 59 O.S. 2021, Section 46.46, is |
|---|
| 2832 | 2778 | | amended to read as foll ows: |
|---|
| 2833 | 2779 | | Section 46.46 The Board of Governors of the Licensed |
|---|
| 2834 | 2780 | | Architects, Landscape Architects and Registered Commercial Licensed |
|---|
| 2835 | 2781 | | Interior Designers of Oklahoma may restore a registration license to |
|---|
| 2836 | 2782 | | any person whose registration license has lapsed or has been revoked |
|---|
| 2837 | 2783 | | or suspended. Application for the reissuance of a registration |
|---|
| 2838 | 2784 | | license shall be made in the manner as t he Board may direct. The |
|---|
| 2839 | 2785 | | fees prescribed by the rules shall acc ompany the application for |
|---|
| 2840 | 2786 | | reissuance. |
|---|
| 2841 | 2787 | | SECTION 29. AMENDATORY 59 O.S. 2021, Section 46. 47, is |
|---|
| 2842 | 2788 | | amended to read as follows: |
|---|
| 2843 | 2789 | | Section 46.47 Registration Licensure under the State |
|---|
| 2844 | 2790 | | Architectural and Registered Commercial Licensed Interior Designers |
|---|
| 2845 | 2791 | | Act shall not authorize a registered commercial licensed interior |
|---|
| 2846 | 2792 | | designer to engage in the practice of architecture or landsca pe |
|---|
| 2847 | 2793 | | architecture as described herein. |
|---|
| 2848 | 2794 | | SECTION 30. This act shall become effective July 1, 2023. |
|---|
| 2849 | 2795 | | SECTION 31. It being immediately necessary for the preservation |
|---|
| 2850 | 2796 | | of the public peace, health or safety, an emergency is hereby |
|---|