Article 147, Architecture
§ 7300. Introduction. | § 7301. [Definition of practice] | § 7302. Practice of architecture and use of title "architect". | § 7303. State board for architecture. | § 7304. Requirements for a professional license. | § 7305. Limited permits. | § 7306. Exempt persons. | § 7307. Special provisions. | § 7308. Mandatory continuing education for architects.
This article applies to the profession of architecture. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.
The practice of the profession of architecture is defined as rendering or offering to render services which require the application of the art, science, and aesthetics of design and construction of buildings, groups of buildings, including their components and appurtenances and the spaces around them wherein the safeguarding of life, health, property, and public welfare is concerned. Such services include, but are not limited to consultation, evaluation, planning, the provision of preliminary studies, designs, construction documents, construction management, and the administration of construction contracts.
Only a person licensed or otherwise authorized to practice under this article shall practice architecture or use the title "architect".
A state board for architecture shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven architects licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be an architect licensed in this state.
- To qualify for a license as an architect, an applicant shall
fulfill the following requirements:
(1.) Application: file an application with the department;
(2.) Education: have received an education, including a bachelor's or higher degree in architecture, in accordance with the commissioner`s regulations;
(3.) Experience: have experience satisfactory to the board in appropriate architectural work and of sufficient amount so that the combined college study and experience total eight years;
(4.) Examination: pass an examination satisfactory to the board and in accordance with the commissioner`s regulations;
(5.) Age: be at least twenty-one years of age;
(6.) Citizenship: meet no requirement as to United States citizenship;
(7.) Character: be of good moral character as determined by the department; and
(8.) Fees: pay a fee of three hundred forty-five dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred seventy dollars for each reexamination, a fee of one hundred thirty-five dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period. The fee for a department conducted examination may be prorated for candidates taking parts of the examination.
- In lieu of degree and experience requirements specified in subparagraphs (2) and (3) of subdivision one of this section, twelve years of practical experience in architectural work of a grade and character satisfactory to the board may be accepted by the department, provided that each complete year of college study satisfactory to the department may at the discretion of the board be accepted in lieu of two years of experience but not to exceed nine years toward the required total of twelve years.
- In lieu of degree, experience and examination requirements specified in subparagraphs (2), (3) and (4) of subdivision one of this section, ten years of lawful practice of architecture outside the state satisfactory to the board may be accepted by the department upon the passing of a practical examination satisfactory to the board.
- In lieu of degree, experience and examination requirements specified in subparagraphs (2), (3) and (4) of subdivision one of this section, a certificate of qualification issued by the national council of architectural registration boards on the basis of the fulfillment of requirments satisfactory to the board may be accepted by the department, provided further that the board shall be authorized to prepare and conduct examinations leading to certification of applicants by the national council of architectural registration boards.
- On recommendation of the board, the department may issue a limited permit to practice architecture to an architect not a resident of this state and having no established business in this state who is legally qualified to practice as such in his own country or state and who submits evidence satisfactory to the board of established and recognized professional standing in his own country or state and who submits satisfactory certifications as to character and qualifications. Such limited permit shall entitle the holder to practice architecture in this state but only in connection with the specific project for which it is granted.
- Fees. The fee for each limited permit shall be one hundred five dollars.
This article shall not be construed to affect or prevent:
- The preparation of details and shop drawings by persons, other than architects, for use in connection with the execution of their work;
- Employees of those lawfully practicing as architects under the provisions of this article from acting under the instruction, control or supervision of their employers;
- Builders, or superintendents employed by such builders, from supervising the construction or structural alteration of buildings or structures; or
- A holder of a valid certificate of the national council of architectural registration boards, not licensed in this state, from coming into the state for interview, but not to perform any architectural services or enter into any contract until such time as he is licensed as an architect in this state.
- The practice of engineering or land surveying by an engineer or land surveyor licensed in this state, or the practice of landscape architecture by a landscape architect licensed in this state, provided that no such engineer, land surveyor or landscape architect shall use the designation "architect," or "architectural" or "architecture" unless licensed as an architect in this state.
- Employment of any person as a junior or assistant architect by the City of New York in a position the title of which was approved and in use as of July first, nineteen hundred seventy-one, provided such person acts under the general direction of a licensed architect.
- Contractors or builders from engaging in construction management and administration of construction contracts.
- Every architect shall have a seal, approved by the board, which
shall contain the name of the architect and either the words "Registered
Architect" and such other words or figures as the board
may deem necessary. All working drawings and specifications,
prepared by such architect or by a full-time or part-time subordinate
employed under his supervision, shall be stamped with such seal
and shall also be signed on the original with the personal signature
of such architect when filed with public officials. Except for
plans and specifications excluded from the provisions of this
article by section seventy-three hundred six of this article,
no official of this state, or of any county, city, town or village
therein, charged with the enforcement of laws, ordinances or
regulations relating to the construction or alteration of buildings
or structures, shall accept or approve any plans or specifications
that are not stamped:
- With the seal of an architect or professional engineer registered in this state and bearing the authorized facsimile of the signature of such architect or professional engineer; or
- With the official seal and authorized facsimile of the signature of an architect or professional engineer not a resident of this state and having no established business in this state, but who is legally qualified to practice as such in his own state or country, provided that such person holds a limited permit issued by the department, and provided further that the plans or specifications are accompanied by and have attached thereto written authorization issued by the department for the specific project.
- Engineers, land surveyors, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or a design professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his or her profession shall be indicated.
- A firm name may be continued by employees having at least fifteen years of continuous service if the retired members and legal representatives of deceased members consent to such continuance.
- It shall be lawful for a corporation organized and existing under the laws of the state of New York, and which on or before the twelfth day of April nineteen hundred twenty-nine and continuously thereafter was lawfully practicing in New York state to continue such practice, provided that the chief executive officer of such corporation in the state of New York shall be an architect licensed under this article, and provided further that the construction of buildings and structures shall be under the personal supervision of such architect and that drawings, plans, and specifications shall be prepared under the personal direction and supervision of such architect and bear the stamp of his official seal, and the drawings or specifications shall also be signed on the original, with the personal signature of such architect. No such corporation shall be permitted to change its name and continue to practice architecture, except upon the written approval of the department.
- This article shall not apply to:
- Farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes; nor to residence buildings of gross area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics; or
- Alterations, costing ten thousand dollars or less, to any building or structure within the city of New York and twenty thousand dollars or less, to any building or structure outside the city of New York which do not involve changes affecting the structural safety or public safety thereof.
- Each licensed architect required under this article to register triennially with the department to practice in the state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Architects who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that an architect may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section.
- Architects shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed. In accord with the intent of this section, adjustment to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
- A licensed architect not engaged in practice as determined by the department, shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of architecture during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
- During each triennial registration period an applicant for registration shall complete a minimum of thirty-six hours of acceptable formal continuing education, as specified in subdivision four of this section, provided that a minimum of twenty-four hours of such continuing education shall be in the areas of health, safety and welfare. Up to one-half of the total hours of continuing education may consist of non-course activities. Any architect whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand one, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. With the exception of continuing education hours taken during the registration period immediately preceding the effective date of this section, continuing education hours taken during one triennium may not be transferred to a subsequent triennium.
- The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices architecture without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
- As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities which contribute to professional practice in architecture and which meet the standards prescribed by regulations of the commissioner. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
- Architects shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
- The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section seventy-three hundred four of this article.