The Oklahoma Chapter of the American Institute of Architects is proposing legislation to improve the Oklahoma Architectural Act. The bill will 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. The updated statute will approach the standards found in similar laws of adjacent states.

The Oklahoma Architectural Act was created by the Legislature in 1947. The section of law being modified has not been changed since that time. The architectural laws in adjacent states already legislate many of the provisions found in this bill. All of the bill's requirements are made on behalf of the state's interest in protecting public health, safety and welfare - the primary state concerns when implementing any practice act.

With its antiquated, 1947 terminology and broad exemptions enforcement of the existing Oklahoma Architectural Act for the purposes of public health, safety and welfare is extremely difficult, uneven, arbitrary and confusing. State and local building officials often request an improved and more easily understood statute for them to enforce.

Most individuals think of public health, safety and welfare issues in the construction business as being primarily related to building codes. While accurate, these issues are also affected by a variety of contractual, environmental, safety, accessibility and other concerns. The architect is the only licensed professional educated, trained, tested and under continuing education requirements who can address these public health, safety and welfare issues. The public should be equally protected in these matters in all states.

The proposed legislation begins to reflect the existing requirements of similar licensing laws found in adjacent states. Oklahoma and adjacent states do not now require a Single Family Home, Duplex Residence or Agricultural Building to fall under the respective architectural acts and will not under this proposed legislation. Oklahoma architectural laws do not now cover a 1 Story Office Building, 2 Story Shopping Mall, 1 Story Motel or Institutional residential facility even though the laws of adjacent states do. This bill would extend coverage to those types of sufficiently sized buildings. Oklahoma law does not now and would not after passage cover a Multifamily Dwelling larger than 4-plex, a 1 Story Commercial Bldg. under 5,000 SF even though adjacent states require such coverage. These building types are still not covered after passage of this bill.

The national organization American Institute of Architects believes that it is in the public interest for architects to design all structures intended for human habitation or use.

In the summer of 1999 the National Council of Architectural Registration Boards (NCARB) distributed a questionnaire to 9,450 building officials. Ninety-five percent (95%) agreed that a registered architect or engineer is essential on any "substantial" building project. Eighty-seven percent (87%) agreed that even well staffed building departments must rely on registered design professionals to ensure that building designs meet performance standards of modern codes. Eighty-eight percent (88%) favored limiting the exemption only to one-and two-family dwellings and farm buildings

Modern construction is affected by molds, air-borne contaminants, radon, water aquifers, storm water management, acoustics, sustainability, asbestos, lead-based paint, accessibility and other public health, safety and welfare issues. In addition the construction industry is concerned with the legal bidding, bonding, insurance and construction administration for the many owners, general contractors, sub-contractors, suppliers, workforce and the many parties involved with the construction of any building.

Because of the many elements involved with the design and construction of modern buildings it is imperative that these components be properly assembled by licensed professionals in order to protect the health, safety and welfare of the public.

By engaging an Architect to produce bid documents (drawings and specifications) the Owner is able to receive quotes from several contractors and can be assured that they are receiving competitive bids covering all of the issues desired by the Owner. The money the Owner saves by being able to competitively bid the project often pays for the architectural fees. Having a good set of bid/construction documents can save additional money for the Owner during the construction phase of the project by reducing the number of change orders required by the contractor during the construction phase.

Architects are the only professional licensed by the state to design facilities to meet the life safety and building code requirements, long term durability, design and facility functionality and third party impartiality. This provides several benefits to the Owner including the possibility of decreased insurance premiums, safety for the building users, and savings of time and money for Owners by decreasing the time associated with receiving a building permit and a decrease in change order items due to revisions required during the building permit review and construction processes.

Architects help to organize the myriad factors associated with any construction project and assist the Owner in assembling those issues into one, three-dimensional, physical structure that meets the Owner's needs. Architects perform all of this work with a fiduciary responsibility to the public's health, safety and welfare concerns. Because most Owner's construct projects only very rarely their interests as members of the public need to be protected by a licensed professional who is knowledgeable in these areas. The general public, as users of these facilities, needs to be comfortable knowing that knowledgeable professionals have addressed their welfare and safety.

The proposed legislation will require that Assembly, Education, High Hazard, Institutional, Federal and State building types fall under the jurisdiction of the Oklahoma Architectural Act. Some similar buildings are currently covered in the existing law. The proposed legislation will require that Business, Factory and Industrial, Mercantile, Storage and Multifamily structures generally over an occupancy of 30 persons fall under the jurisdiction of the Oklahoma Architectural Act. Utility buildings and Residential structures less than 16 dwelling units will be exempted from this Act - as they are today.

Opposition to this proposal is usually based on the issues of cost and turf. Architectural fees are many times offset by the savings that Owners receive in the form of improved competitive bids, appropriate selection of building materials, suggestions for optional project components, efficiency in plans that minimize the square footage needing to be built and in the equitable evaluation of suggested change orders during construction.

The proposed legislation is not part of a turf war. Although the current Oklahoma Architectural Act exempts most of today's construction projects, literally hundreds of Oklahoma architects are currently designing exempted projects. The Owners of these projects have seen the long-term value of engaging architects. The general public should have the right to assume that all similar buildings have been overseen by a responsible, licensed professional educated and trained for this work. The current Oklahoma Architectural Act requires that architects provide their services on state and municipal projects. The general public deserves the same protection of the public health, safety and welfare issues that is now afforded to state and municipal employees.

The proposed legislation is an attempt to address the same public health, safety and welfare issues, as is the case in any other state. The state of Oklahoma should provide the same levels of public health, safety and welfare concern for its citizens who are eating, sleeping, conducting business and visiting points of interest in buildings all over the state of Oklahoma as do other states.