SECTION . AMENDATORY 59 O.S. 2001, Section 46.3, is amended to read as follows:
<46.3> A. "Architect" means any person who engages in the practice of architecture as hereinafter defined.
B. The "practice of architecture" shall be defined as rendering or offering to render certain services, in connection with the design and construction, enlargement or alteration of a building or a group of buildings and the space surrounding such buildings, including buildings which have as their principal purpose human occupancy or habitation; the services referred to include planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the administration of construction contracts, and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects; provided, that the practice of architecture shall include such other professional services as may be necessary for the rendering of or offering to render architectural services.
C. "Licensed architect" means an architect holding a current license or certificate of registration issued by the Board.
D. "Registration or licensure" means a certificate of registration or licensure issued by the Board to a person. The definition of "license" or "registration" shall be synonymous.
E. A "building" means a structure consisting of a foundation, walls, all floors, and roof, with or without other parts; provided, however, 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 height, 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). A basement is not to be counted as a story for the purpose of counting stories of a building for height regulations. 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).
F. "Board" means The Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma.
G. "Certificate of authority" means the authorization granted by the Board for persons to practice or offer to practice architecture or landscape architecture through a partnership, firm, association, corporation, limited liability company or limited liability partnership.
H. "Technical submissions" means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
I. "Responsible control" means the amount of control and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.
J. "Landscape architect" means a person registered to practice landscape architecture as provided in The State Architectural Act.
K. "Landscape architecture" means the performance of professional services such as teaching, consultations, investigations, reconnaissance, research, planning, design, preparation of construction drawings and specifications, and construction observation in connection with the arranging of land and the elements thereon for public and private use and enjoyment, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location of buildings and other structures, and the grading of the land, surface and subsoil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards.
L. The practice of landscape architecture shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purpose outlined for landscape architecture in The State Architectural Act, but shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets, highways, utilities, storm and sanitary sewers and sewage treatment facilities, such as are ordinarily included in the practice of engineering or architecture.
M. "Code" shall be defined as the nationally recognized building code adopted by the local, municipal, county or state jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction all buildings shall meet the requirements of the state building code as adopted by the State Fire Marshal’s office.
N. "Applicable building official" shall be defined as the official responsible for the application of the adopted building code as implemented by the local, municipal or county jurisdiction in which a building is located. Where no building code has been adopted by the local, municipal or county jurisdiction the "applicable building official" shall be defined as the State Fire Marshal.
O. The construction, addition or alteration of a building of any size or occupancy in the following Code Use Groups shall be subject to the provisions of The State Architectural Act:
- Code Use Group H-High hazard;
- Code Use Group I-Institutional;
- Buildings for which the designated Use Group changes to categories not otherwise exempt from this act.
P. The construction, addition or alteration of a building no more than two (2) stories in height and with a code-defined occupancy of no more than one hundred (100) persons for the following Code Use Group, as defined by the applicable building code of the jurisdiction, is exempt from the provisions of The State Architectural Act:
- Code Use Group B-Business;
Q. The construction, addition or alteration of a building no more than two (2) stories in height and with a code-defined occupancy of no more than fifty (50) persons for each of the following Code Use Groups, as defined by the applicable building code of the jurisdiction, is exempt from the provisions of The State Architectural Act:
1. Code Use Group A-Assembly;
2. Code Use Group E-Education;
R. The construction, addition or alteration of a building no more than two (2) stories in height and with a code-defined occupancy of no more than thirty (30) persons for each of the following Code Use Groups, as defined by the applicable building code of the jurisdiction, is exempt from the provisions of The State Architectural Act:
1. Code Use Group F-Factory and Industrial;
2. Code Use Group M-Mercantile;
3. Code Use Group R1-Residential, including but not limited to hotels and motels; and
4. Code Use Group S-Storage.
S. The construction, addition or alteration of a building no more than two (2) stories in height in the following Code Use Groups, as defined by the applicable building code of the jurisdiction, is exempt from the provisions of The State Architectural Act:
1. Code Use Group U-Utility;
2. Code Use Group R2-Residential, including but not limited to apartments and dormitories and buildings containing no more than sixteen (16) dwelling units or sixteen (16) guest units;
3. Code Use Group R3-Residential, including but not limited to townhouses and buildings containing no more than sixteen (16) multifamily dwelling units;
4. Code Use Group R4-Residential, including but not limited to single-family dwellings and duplex homes;
5. All buildings owned or financed by a municipality, county, state, public trust, public agency or the federal government with a construction value under $100,000;
6. Incidental buildings or appurtenances associated with paragraphs 1 through 5 of this subsection; and
7. All uninhabitable, privately owned agricultural buildings.
T. A basement, as defined by the applicable code of the jurisdiction, is not to be counted as a story for the purpose of counting stories of a building for height regulations.
U. Buildings where the planned addition or alteration, as determined by the applicable building official, does not affect the structural, mechanical, electrical, or life safety systems or means of egress is exempt, except for projects listed in subsection O of this section.
SECTION . This act shall become effective <July 1, 2004>.
SECTION . It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
