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                                                      PRINTER'S NO. 1460

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1291 Session of 1997


        INTRODUCED BY TULLI, VEON, WAUGH, BUXTON, McNAUGHTON, BARLEY,
           COY, ALLEN, EGOLF, KREBS, GEORGE, FEESE, B. SMITH, FLEAGLE,
           BELARDI, ZIMMERMAN, FAIRCHILD, SCHULER, BIRMELIN, TRELLO,
           WALKO, TRUE, HALUSKA, KENNEY, BEBKO-JONES, HESS, SCRIMENTI,
           McCALL, PETRONE, STERN, BAKER, ARGALL, CASORIO, DEMPSEY,
           SHANER, HERMAN, HENNESSEY, PETRARCA, LEH, BATTISTO, SATHER,
           WILT, LYNCH, STEELMAN, DeLUCA, PHILLIPS, VAN HORNE,
           YOUNGBLOOD, HERSHEY, TANGRETTI AND TRICH, APRIL 10, 1997

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 10, 1997

                                     AN ACT

     1  Amending the act of December 14, 1982 (P.L.1227, No.281),
     2     entitled "An act regulating the practice of architecture in
     3     the Commonwealth of Pennsylvania; providing for the
     4     examination and licensure of architects by a State Architects
     5     Licensure Board; and providing penalties," further providing
     6     for the practice of architecture.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The definition of "practice of architecture" in
    10  section 3 of the act of December 14, 1982 (P.L.1227, No.281),
    11  known as the Architects Licensure Law, is amended to read:
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have, unless the context clearly indicates otherwise, the
    15  meanings given to them in this section:
    16     * * *
    17     "Practice of architecture."  The rendering or offering to

     1  render certain services, hereinafter described, in connection
     2  with the design and construction of a structure or group of
     3  structures which have as their principal purpose human
     4  habitation or use, other than one-family or two-family
     5  residential dwellings, and the utilization of space within and
     6  surrounding such structures. The services referred to in the
     7  previous sentence include planning, providing preliminary
     8  studies, designs, drawings, specifications, and other design
     9  documents, construction management and administration of
    10  construction contracts. The foregoing shall not be deemed to
    11  include the practice of engineering as such, for which separate
    12  registration is required under the provisions of the act of May
    13  23, 1945 (P.L.913, No.367), known as the "Professional Engineers
    14  Registration Law," excepting only engineering work incidental to
    15  the practice of architecture.
    16     * * *
    17     Section 2.  Section 13 of the act is amended by adding a
    18  subsection to read:
    19  Section 13.  Firm practice.
    20     * * *
    21     (k)  Nothing in this act shall be construed to prevent the
    22  practice of architecture by a construction contractor or
    23  engineer, regardless of entity, as long as such practice is
    24  provided by an employee or subcontractor of such construction
    25  contractor or engineer, provided such employee or subcontractor
    26  holds a certificate to practice architecture in this
    27  Commonwealth.
    28     Section 3.  Section 18 of the act is amended to read:
    29  Section 18.  Unauthorized practice prohibited.
    30     (a)  Except as provided in [section 9(c) and (d)] sections
    19970H1291B1460                  - 2 -

     1  9(c) and (d) and 13(k), no individual shall engage in the
     2  practice, or offer to engage in the practice of architecture in
     3  this State, or use the title of architect or use any sign, card
     4  or device implying that such individual is an architect, or is
     5  competent to engage in the practice of architecture, unless such
     6  individual holds a currently valid certificate issued pursuant
     7  to this act.
     8     (b)  Except as provided in [section 9(c) and (d)] sections
     9  9(c) and (d) and 13(k), no partnership, professional association
    10  or corporation shall engage in the practice or offer to engage
    11  in the practice of architecture in this Commonwealth, or use any
    12  title, sign, card or device implying that such partnership,
    13  professional association or corporation is competent to engage
    14  in the practice of architecture, unless such partnership,
    15  professional association or corporation complies with section
    16  13.
    17     Section 4.  This act shall take effect in 60 days.









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