To improve the Oklahoma Architectural Act; Provide Oklahoma citizens and businesses with a uniform standard for the protection of public health, safety and welfare as it relates to the built environment; Raise that standard to a level that matches the laws in adjacent states. This is one of several White Papers to generally explain the need and proposals to be presented to the Oklahoma Legislature's 2003 session.

The Oklahoma Architectural Act was created by the Legislature in 1947. Relevant changes are being proposed to the section of the law that has not changed since that time. As a practice act similar to lawyers, doctors and engineers the law states who may practice as an architect, under what conditions and when architectural involvement is mandated in a project. Similar laws in other states legislate similar conditions. All of these requirements are made on behalf of the state's interest in protecting public health, safety and welfare - the primary state concerns in legislating any practice act.

In part the 1947 law makes the following statement:

In part the 1947 law makes the following statement:

As written, enforcement of the law for the purposes of public health, safety and welfare is extremely difficult, arbitrary and confusing. Local building officials often request a more easily understood interpretation or set of definitions to enforce.

As examples that building inspectors and officials face: Does a one story, assisted living facility fall under the nomenclature of the listed "hospital" which is under the jurisdiction of the State Architectural Act? Are production facilities housing internet, cable or satellite signal equipment and some office space covered under "radio and television stations"? Is a library constructed inside a one story shopping mall after the mall's original construction covered? Are warehouses originally constructed for non-bonded use and later converted into temporary church facilities covered under the State Architectural Act to protect the public health, safety and welfare?

Poor grammatical construction of this 1947 section of the Oklahoma Architectural Act makes it difficult to understand the intended application of the law.

The first part of the law states "… nothing in The State Architectural Act shall be held or construed to have any application to any building, or to the repairing or remodeling of any building, to be used for one-family residential purposes, duplexes, or apartment houses not exceeding two stories in height, to any warehouse, maintenance building, garage or storage building not exceeding two stories in height, or to a hotel, lodge or fraternal building not exceeding two stories in height, or to any farm improvements, or industrial or commercial buildings not exceeding two stories in heights, nor to any school building where the reasonably estimated total cost for the construction, where structural changes are being made in remodeling or repairing of such school building does not exceed the sum of Forty Thousand Dollars ($40,000.00)."

Does the $40,000 reference apply to all of building types listed above; or to school buildings with structural changes being made where those costs are more than $40,000; or to all school buildings?

The 1947 terminology is not consistent with the terminology and building types of current building construction.

The second half of the law states "… Provided, however, it shall be unlawful for any person other than an architect duly licensed as provided in The State Architectural Act to engage in the planning, designing and preparation of drawings and specifications for the alteration or construction of any building to be used as an armory, auditorium, assembly hall, convention hall, church, educational building, convent, dormitory, gymnasium, hospital, library, bonded warehouse, passenger station, power house, municipal building, county building, state building, federal building, radio or television station, stadium or theater where the reasonably estimated total cost for construction, remodeling or repairing of such building exceeds the sum of Forty Thousand Dollars ($40,000.00)."

In today's terminology a military training depot, a movie theater, a dance hall, a training center, a meditation facility, an industrial production facility, an abbey, hotel, indoor sports facility, assisted living or nursing home, bookstore, unbonded warehouse, light rail hub or electrical substation building and offices could all be similarly substituted for the first 14 building types listed in this part of the law. However, it could be argued that each is exempt because it is not specifically listed in the law.

The 1947 law specifically exempts all commercial buildings no more than two stories in height.

This exemption represents the vast majority of all annual construction in Oklahoma. This exemption is not found in the architectural law of any other state. Were it not for the developer's interests, Woodland Hills Mall in Tulsa and Quail Springs Mall in Oklahoma City could both have been designed without architects because they are exempted under current law.

The existing Oklahoma Architectural Act contains antiquated terminology, is difficult to understand, exempts most buildings constructed in Oklahoma and reduces the public health, safety and welfare of its citizens when compared to other states.