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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 167                                                                                                         
01 Relating to the regulation of architects, engineers, land surveyors, and landscape architects.                          
02                           _______________                                                                               
03    * Section 1. AS 08.48.221 is amended to read:                                                                      
04            Sec. 08.48.221. Seals. Each registrant may obtain a seal of the design                                     
05       authorized by the board, bearing the registrant's name, registration number, and the                              
06       legend [,] "Registered Professional Architect," "Registered Professional Engineer,"                               
07       "Registered Professional Land Surveyor," or "Registered Professional Landscape                                    
08       Architect," as appropriate. When a registrant issues final drawings, specifications,                              
09       surveys, plats, plates, reports, or similar documents, the registrant shall [SIGN THE                             
10       DOCUMENTS AND] stamp the documents with the seal and sign the seal. The                                       
11       board shall adopt regulations governing the use of seals by the registrant. An architect,                         
12       engineer, land surveyor, or landscape architect may not affix or permit a seal and                                
13       signature to be affixed to an instrument after the expiration of a certificate or for the                         
01       purpose of aiding or abetting another person to evade or attempt to evade a provision                             
02       of this chapter. The registrant, by affixing the registrant's seal to final drawings,                             
03       specifications, surveys, plats, plates, reports, or [AND OTHER] similar documents,                            
04       and by signing the seal [THEM], certifies that the [THESE] documents were prepared                    
05       by or under the registrant's direct supervision, are within the registrant's field of                         
06       practice, or constitute design work of minor importance [UNLESS THE                                           
07       REGISTRANT CERTIFIES ON THE FACE OF THE DOCUMENT TO THE                                                           
08       EXTENT OF THE REGISTRANT'S RESPONSIBILITY].                                                                       
09    * Sec. 2. AS 08.48.221 is amended by adding a new subsection to read:                                              
10            (b)  Final drawings, specifications, surveys, plats, plates, reports, or similar                             
11       documents containing the work of multiple fields of practice shall be sealed and                                  
12       signed by a registrant in each field of practice covered by the document. The registrant                          
13       shall certify on the face of the document the extent of the registrant's responsibility for                       
14       all work prepared under the registrant's seal. When certifying design work of minor                               
15       importance, the registrant shall identify that work on the document near the registrant's                         
16       seal and take responsibility for all work prepared under the registrant's seal.                                   
17    * Sec. 3. AS 08.48.331 is amended to read:                                                                         
18            Sec. 08.48.331. Exemptions. (a) This chapter does not apply to                                             
19                 (1)  a contractor performing work designed by a professional architect,                                 
20       engineer, or landscape architect or the supervision of the construction of the work as a                          
21       supervisor or superintendent for a contractor;                                                                    
22                 (2)  workers in building trades crafts, earthwork, grounds keeping, or                                  
23       nursery operations, and superintendents, supervisors, or inspectors in the performance                            
24       of their customary duties;                                                                                        
25                 (3)  an officer or employee of the United States government practicing                                  
26       architecture, engineering, land surveying, or landscape architecture as required by the                           
27       person's official capacity;                                                                                       
28                 (4)  an employee or a subordinate of a person registered under this                                     
29       chapter if the work or service is done under the direct supervision of a person                                   
30       registered under this chapter;                                                                                    
31                 (5)  associates, consultants, or specialists retained by a registered                                   
01       individual, a partnership of registered individuals, a corporation, a limited liability                           
02       company, or a limited liability partnership authorized to practice architecture,                                  
03       engineering, land surveying, or landscape architecture under this chapter, in the                                 
04       performance of professional services if responsible charge of the work remains with                               
05       the individual, the partnership, or a designated representative of the corporation,                               
06       limited liability company, or limited liability partnership;                                                      
07                 (6)  a person preparing drawings or specifications for                                                  
08                      (A)  a building for the person's own use and occupancy as a                                        
09            single family residence and related site work for that building;                                             
10                      (B)  farm or ranch buildings and their grounds unless the public                                   
11            health, safety, or welfare is involved;                                                                      
12                      (C)  a building that is intended to be used only as a residence by                                 
13            not more than                                                                                                
14                           (i)  four families and that is not more than two stories                                      
15                 high and the grounds of the building; or                                                                
16                           (ii)  two families and that is not more than three stories                                    
17                 high and the grounds of the building, if the building is located in a                                   
18                 municipality that has adopted a building or residential code that applies                               
19                 to the building and if the building complies with the building or                                       
20                 residential code;                                                                                       
21                      (D)  a garage, workshop, or similar building that contains less                                    
22            than 2,000 square feet of floor space to be used for a private noncommercial                                 
23            purpose and the grounds of the building;                                                                     
24                 (7)  a specialty contractor licensed under AS 08.18 while engaged in                                    
25       the business of construction contracting [OR DESIGNING SYSTEMS] for work                                          
26       designed by an architect, engineer, or landscape architect that is within the                                 
27       specialty to be performed or supervised by the specialty contractor, or a contractor                              
28       preparing shop or field drawings for work that the specialty contractor has contracted                            
29       to perform;                                                                                                       
30                 (8)  a person furnishing drawings, specifications, instruments of                                       
31       service, or other data for alterations or repairs to a building or its grounds that do not                        
01       change or affect the structural system or the safety of the building, or that do not affect                       
02       the public health, safety, or welfare;                                                                            
03                 (9)  a person who is employed by a postsecondary educational                                            
04       institution to teach engineering, architectural, or landscape architectural courses; in                           
05       this paragraph, "postsecondary educational institution" has the meaning given in                                  
06       AS 14.48.210;                                                                                                     
07                 (10)  an officer or employee of an individual, firm, partnership,                                       
08       association, utility, corporation, limited liability company, or limited liability                                
09       partnership, who practices engineering, architecture, land surveying, or landscape                            
10       architecture involved in the operation of the employer's business only, and further                           
11       provided that neither the employee nor the employer offers engineering, architecture,                         
12       land surveying, or landscape architecture services to the public; exclusions under                            
13       this paragraph do not apply to buildings or structures whose primary use is public                                
14       occupancy;                                                                                                        
15                 (11)  a person while involved in revegetation, restoration, reclamation,                                
16       rehabilitation, or erosion control for disturbed land that the board determines does                          
17       not affect the public health, safety, or welfare;                                                             
18                 (12)  a person while maintaining or directing the placement of plant                                    
19       material that the board determines does not affect the public health, safety, or                              
20       welfare;                                                                                                      
21                 (13)  an employee, officer, or agent of a regulatory agency of the state                                
22       or a municipality when reviewing drawings and specifications for compliance with the                              
23       building codes of the state or a municipality if the drawings and specifications have                             
24       been sealed [SIGNED] and signed [SEALED] by an architect, engineer, land                              
25       surveyor, or landscape architect [A PROFESSIONAL ARCHITECT OR                                                 
26       PROFESSIONAL ENGINEER] or the preparation of the drawings and specifications                                      
27       is exempt under this section from the requirements of this chapter; in this paragraph,                            
28       "building codes" includes codes relating to building, mechanical, plumbing, electrical,                           
29       [AND] fire safety standards, and zoning;                                                                  
30                 (14)  a person who is designing fire detection or suppression systems                                   
31       and is authorized by the Department of Public Safety to design fire detection or                                  
01       suppression systems.                                                                                              
02            (b)  The requirement to be registered as a landscape architect under this chapter                            
03       only applies to a person who practices an aspect of landscape architecture that the                               
04       board has determined affects the public health, [OR] safety, or welfare.                                  
05    * Sec. 4. AS 08.48.341 is amended by adding new paragraphs to read:                                                
06                 (21)  "design of minor importance" means a design that is incidental to                                 
07       the discipline of a registrant and is within the discipline of the registrant, but does not                       
08       include comprehensive design services of any particular building type, structure,                                 
09       building system, engineering system, or site development;                                                         
10                 (22)  "shop drawing" or "field drawing" means a drawing prepared by a                                   
11       contractor, subcontractor, or vendor that shows how a particular aspect of the work is                            
12       to be fabricated and installed and demonstrates how an aspect of the work will satisfy                            
13       the requirements of the construction document, but does not include a final drawing,                              
14       specification, survey, plat, plate, report, or other similar document.                                            
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