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        PRIOR PRINTER'S NO. 1460                      PRINTER'S NO. 2407

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, TRICH, BUNT, BENNINGHOFF,
           SEYFERT AND RAYMOND, APRIL 10, 1997

        AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 8, 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. ADDING DEFINITIONS; FURTHER  <--
     7     PROVIDING FOR FIRM PRACTICE, FOR PERMITTED PRACTICES AND FOR
     8     UNAUTHORIZED PRACTICE; AND MAKING EDITORIAL CHANGES.

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

     1     * * *
     2     "Practice of architecture."  The rendering or offering to
     3  render certain services, hereinafter described, in connection
     4  with the design and construction of a structure or group of
     5  structures which have as their principal purpose human
     6  habitation or use, other than one-family or two-family
     7  residential dwellings, and the utilization of space within and
     8  surrounding such structures. The services referred to in the
     9  previous sentence include planning, providing preliminary
    10  studies, designs, drawings, specifications, and other design
    11  documents, construction management and administration of
    12  construction contracts. The foregoing shall not be deemed to
    13  include the practice of engineering as such, for which separate
    14  registration is required under the provisions of the act of May
    15  23, 1945 (P.L.913, No.367), known as the "Professional Engineers
    16  Registration Law," excepting only engineering work incidental to
    17  the practice of architecture.
    18     * * *
    19     Section 2.  Section 13 of the act is amended by adding a
    20  subsection to read:
    21  Section 13.  Firm practice.
    22     * * *
    23     (k)  Nothing in this act shall be construed to prevent the
    24  practice of architecture by a construction contractor or
    25  engineer, regardless of entity, as long as such practice is
    26  provided by an employee or subcontractor of such construction
    27  contractor or engineer, provided such employee or subcontractor
    28  holds a certificate to practice architecture in this
    29  Commonwealth.
    30     Section 3.  Section 18 of the act is amended to read:
    19970H1291B2407                  - 2 -

     1  Section 18.  Unauthorized practice prohibited.
     2     (a)  Except as provided in [section 9(c) and (d)] sections
     3  9(c) and (d) and 13(k), no individual shall engage in the
     4  practice, or offer to engage in the practice of architecture in
     5  this State, or use the title of architect or use any sign, card
     6  or device implying that such individual is an architect, or is
     7  competent to engage in the practice of architecture, unless such
     8  individual holds a currently valid certificate issued pursuant
     9  to this act.
    10     (b)  Except as provided in [section 9(c) and (d)] sections
    11  9(c) and (d) and 13(k), no partnership, professional association
    12  or corporation shall engage in the practice or offer to engage
    13  in the practice of architecture in this Commonwealth, or use any
    14  title, sign, card or device implying that such partnership,
    15  professional association or corporation is competent to engage
    16  in the practice of architecture, unless such partnership,
    17  professional association or corporation complies with section
    18  13.
    19     Section 4.  This act shall take effect in 60 days.
    20     SECTION 1.  SECTION 3 OF THE ACT OF DECEMBER 14, 1982          <--
    21  (P.L.1227, NO.281), KNOWN AS THE ARCHITECTS LICENSURE LAW, IS
    22  AMENDED BY ADDING DEFINITIONS TO READ:
    23  SECTION 3.  DEFINITIONS.
    24     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    25  HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
    26  MEANINGS GIVEN TO THEM IN THIS SECTION:
    27     * * *
    28     "DESIGN-BUILD."  A PROJECT DELIVERY METHOD WHEREBY A DESIGN-
    29  BUILD ENTITY SIGNS A SINGLE CONTRACT TO PROVIDE A COMBINATION OF
    30  ARCHITECTURAL AND CONSTRUCTION SERVICES TO A CLIENT.
    19970H1291B2407                  - 3 -

     1     "DESIGN-BUILD ENTITY."  AN ENTITY WHICH PROVIDES BY SINGLE
     2  CONTRACT TO A CLIENT A COMBINATION OF ARCHITECTURAL AND
     3  CONSTRUCTION SERVICES.
     4     * * *
     5     SECTION 2.  SECTIONS 13, 15 AND 18(B) OF THE ACT ARE AMENDED
     6  TO READ:
     7  SECTION 13.  FIRM PRACTICE.
     8     (A)  AN INDIVIDUAL ARCHITECT OR A GROUP OF ARCHITECTS IN
     9  PENNSYLVANIA MAY PRACTICE ARCHITECTURE IN ONE OF THE FOLLOWING
    10  FORMS OF ARCHITECTURAL FIRMS:
    11         (1)  SOLE PROPRIETORSHIP;
    12         (2)  PARTNERSHIP;
    13         (3)  PROFESSIONAL ASSOCIATION;
    14         (4)  PROFESSIONAL CORPORATION; [OR]
    15         (5)  BUSINESS CORPORATION[.];
    16         (6)  LIMITED LIABILITY COMPANY; OR
    17         (7)  LIMITED LIABILITY PARTNERSHIP.
    18     (B)  A PARTNERSHIP MAY ENGAGE IN THE PRACTICE OF ARCHITECTURE
    19  IN PENNSYLVANIA PROVIDED IT COMPLIES WITH THE PROVISIONS OF [59
    20  PA.C.S. CH. 3] 15 PA.C.S. CH. 83 (RELATING TO GENERAL
    21  PARTNERSHIPS) AND THAT IT ALSO SATISFIES THE FOLLOWING
    22  REQUIREMENTS:
    23         (1)  AT LEAST TWO-THIRDS OF THE PARTNERS ARE LICENSED
    24     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE,
    25     ENGINEERING OR LANDSCAPE ARCHITECTURE.
    26         (2)  AT LEAST ONE-THIRD OF THE PARTNERS ARE LICENSED
    27     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE.
    28     (C)  A PROFESSIONAL ASSOCIATION MAY ENGAGE IN THE PRACTICE OF
    29  ARCHITECTURE IN PENNSYLVANIA PROVIDED IT COMPLIES WITH THE
    30  PROVISIONS OF [THE ACT OF AUGUST 7, 1961 (P.L.941, NO.416),
    19970H1291B2407                  - 4 -

     1  KNOWN AS THE "PROFESSIONAL ASSOCIATION ACT,"] 15 PA.C.S. CH. 93
     2  (RELATING TO PROFESSIONAL ASSOCIATIONS) AND MUST ALSO SATISFY
     3  THE FOLLOWING REQUIREMENTS:
     4         (1)  AT LEAST TWO-THIRDS OF THE MEMBERS OF THE BOARD OF
     5     GOVERNORS ARE LICENSED UNDER THE LAWS OF ANY STATE TO
     6     PRACTICE ARCHITECTURE, ENGINEERING OR LANDSCAPE ARCHITECTURE.
     7         (2)  AT LEAST ONE-THIRD OF THE MEMBERS OF THE BOARD OF
     8     GOVERNORS ARE LICENSED UNDER THE LAWS OF ANY STATE TO
     9     PRACTICE ARCHITECTURE.
    10     (D)  A PROFESSIONAL CORPORATION SHALL COMPLY WITH THE
    11  PROVISIONS OF [THE ACT OF JULY 9, 1970 (P.L.461, NO.160), KNOWN
    12  AS THE "PROFESSIONAL CORPORATION LAW."] 15 PA.C.S. CH. 29
    13  (RELATING TO PROFESSIONAL CORPORATIONS).
    14     (E)  A BUSINESS CORPORATION MAY ENGAGE IN THE PRACTICE OF
    15  ARCHITECTURE IN PENNSYLVANIA, PROVIDED THAT IT COMPLIES WITH
    16  [THE ACT OF MAY 5, 1933 (P.L.364, NO.106), KNOWN AS THE
    17  "BUSINESS CORPORATION LAW,"] THE PROVISIONS OF 15 PA.C.S. PT. II
    18  SUBPT. B (RELATING TO BUSINESS CORPORATIONS) AND THAT IT ALSO
    19  SATISFIES THE FOLLOWING REQUIREMENTS:
    20         (1)  AT LEAST TWO-THIRDS OF THE DIRECTORS ARE LICENSED
    21     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE,
    22     ENGINEERING OR LANDSCAPE ARCHITECTURE.
    23         (2)  AT LEAST ONE-THIRD OF THE DIRECTORS ARE LICENSED
    24     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE.
    25         (3)  AT LEAST TWO-THIRDS OF ALL CLASSES OF VOTING STOCK
    26     ISSUED AND OUTSTANDING AT ANY ONE TIME SHALL BE OWNED BY AN
    27     INDIVIDUAL OR INDIVIDUALS LICENSED UNDER THE LAWS OF ANY
    28     STATE TO PRACTICE ARCHITECTURE, ENGINEERING OR LANDSCAPE
    29     ARCHITECTURE.
    30         (4)  AT LEAST ONE-THIRD OF ALL CLASSES OF VOTING STOCK
    19970H1291B2407                  - 5 -

     1     ISSUED AND OUTSTANDING AT ANY ONE TIME SHALL BE OWNED BY AN
     2     INDIVIDUAL OR INDIVIDUALS LICENSED UNDER THE LAWS OF ANY
     3     STATE TO PRACTICE ARCHITECTURE.
     4     (F)  A LIMITED LIABILITY COMPANY MAY ENGAGE IN THE PRACTICE
     5  OF ARCHITECTURE IN THIS COMMONWEALTH, PROVIDED THAT IT COMPLIES
     6  WITH THE PROVISIONS OF 15 PA.C.S. CH. 89 (RELATING TO LIMITED
     7  LIABILITY COMPANIES), AND THAT IT ALSO SATISFIES THE FOLLOWING
     8  REQUIREMENTS:
     9         (1)  AT LEAST TWO-THIRDS OF THE MEMBERS, IF MANAGED BY
    10     MEMBERS, OR AT LEAST TWO-THIRDS OF THE MANAGERS, IF MANAGED
    11     BY MANAGERS, ARE LICENSED UNDER THE LAWS OF ANY STATE TO
    12     PRACTICE ARCHITECTURE, ENGINEERING OR LANDSCAPE ARCHITECTURE.
    13         (2)  AT LEAST ONE-THIRD OF THE MEMBERS, IF MANAGED BY
    14     MEMBERS, OR AT LEAST ONE-THIRD OF THE MANAGERS, IF MANAGED BY
    15     MANAGERS, ARE LICENSED UNDER THE LAWS OF ANY STATE TO
    16     PRACTICE ARCHITECTURE.
    17         (3)  AT LEAST TWO-THIRDS OF ALL CLASSES OF VOTING
    18     MEMBERSHIP AT ANY ONE TIME SHALL BE OWNED BY AN INDIVIDUAL OR
    19     INDIVIDUALS LICENSED UNDER THE LAWS OF ANY STATE TO PRACTICE
    20     ARCHITECTURE, ENGINEERING OR LANDSCAPE ARCHITECTURE.
    21         (4)  AT LEAST ONE-THIRD OF ALL CLASSES OF VOTING
    22     MEMBERSHIP AT ANY ONE TIME SHALL BE OWNED BY AN INDIVIDUAL OR
    23     INDIVIDUALS LICENSED UNDER THE LAWS OF ANY STATE TO PRACTICE
    24     ARCHITECTURE.
    25     (G)  A PARTNERSHIP WHICH HAS ELECTED TO BE A LIMITED
    26  LIABILITY PARTNERSHIP AND TO BE GOVERNED BY THE PROVISIONS OF 15
    27  PA.C.S. CH. 82 (RELATING TO REGISTERED LIMITED LIABILITY
    28  PARTNERSHIPS) MAY ENGAGE IN THE PRACTICE OF ARCHITECTURE IN THIS
    29  COMMONWEALTH PROVIDED IT COMPLIES WITH THE PROVISIONS OF 15
    30  PA.C.S. CH. 82 AND THAT IT ALSO SATISFIES THE FOLLOWING
    19970H1291B2407                  - 6 -

     1  REQUIREMENTS:
     2         (1)  AT LEAST TWO-THIRDS OF THE PARTNERS ARE LICENSED
     3     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE,
     4     ENGINEERING OR LANDSCAPE ARCHITECTURE.
     5         (2)  AT LEAST ONE-THIRD OF THE PARTNERS ARE LICENSED
     6     UNDER THE LAWS OF ANY STATE TO PRACTICE ARCHITECTURE.
     7     [(F)] (H)  A PARTNERSHIP, PROFESSIONAL ASSOCIATION [OR],
     8  CORPORATION, LIMITED LIABILITY COMPANY OR LIMITED LIABILITY
     9  PARTNERSHIP ENGAGED IN THE PRACTICE OF ARCHITECTURE HAVING FEWER
    10  THAN THREE PARTNERS, GOVERNORS, SHAREHOLDERS OR DIRECTORS,
    11  MEMBERS OR MANAGERS, UNDER THIS SECTION SHALL HAVE AT LEAST ONE
    12  PARTNER, GOVERNOR, SHAREHOLDER OR DIRECTOR, MEMBER OR MANAGER
    13  WHO IS AN INDIVIDUAL DULY CERTIFIED TO PRACTICE ARCHITECTURE IN
    14  THE COMMONWEALTH PURSUANT TO THIS ACT.
    15     [(G)] (I)  EACH PROJECT UNDERTAKEN BY A FIRM ENGAGED IN THE
    16  PRACTICE OF ARCHITECTURE IN THE COMMONWEALTH OF PENNSYLVANIA
    17  MUST BE UNDER THE PERSONAL SUPERVISION OF A PARTNER IN THE CASE
    18  OF A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, A MEMBER OF
    19  THE BOARD OF GOVERNORS IN THE CASE OF A PROFESSIONAL
    20  ASSOCIATION, A SHAREHOLDER IN THE CASE OF A PROFESSIONAL
    21  CORPORATION, [OR] A DIRECTOR IN THE CASE OF A BUSINESS
    22  CORPORATION, OR MEMBER OR MANAGER IN THE CASE OF LIMITED
    23  LIABILITY COMPANY WHO HOLDS A CERTIFICATE TO ENGAGE IN THE
    24  PRACTICE OF ARCHITECTURE IN THIS COMMONWEALTH PURSUANT TO THIS
    25  ACT. THE SEAL OF SUCH INDIVIDUALS MUST APPEAR ON ALL DRAWINGS,
    26  SPECIFICATIONS AND OTHER DESIGN DOCUMENTS ISSUED BY THE FIRM FOR
    27  SUCH PROJECTS.
    28     [(H)] (J)  THE BOARD SHALL BY PROMULGATION OF RULES AND
    29  REGULATIONS, REQUIRE ANY PARTNERSHIP, PROFESSIONAL ASSOCIATION,
    30  PROFESSIONAL CORPORATION [OR], BUSINESS CORPORATION, LIMITED
    19970H1291B2407                  - 7 -

     1  LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP PRACTICING
     2  ARCHITECTURE IN THIS STATE TO FILE WITH THE BOARD INFORMATION
     3  CONCERNING ITS OFFICERS, DIRECTORS, PARTNERS, PROFESSIONAL
     4  ASSOCIATION BOARD OF GOVERNORS, BENEFICIAL OWNERS, MEMBERS OR
     5  MANAGERS AND SUCH OTHER ASPECTS OF ITS ORGANIZATION AS THE BOARD
     6  DEEMS APPROPRIATE. IN THE ADMINISTRATION OF THIS SUBSECTION, THE
     7  BOARD MAY REQUIRE EACH PARTNERSHIP, PROFESSIONAL ASSOCIATION,
     8  PROFESSIONAL CORPORATION [OR], BUSINESS CORPORATION, LIMITED
     9  LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP TO PAY AN
    10  ANNUAL FILING FEE IN THE AMOUNT DETERMINED BY THE BOARD BY
    11  PROMULGATION OF RULES AND REGULATIONS.
    12     [(I)] (K)  NO CORPORATION, PROFESSIONAL ASSOCIATION [OR],
    13  PARTNERSHIP, LIMITED LIABILITY COMPANY OR LIMITED LIABILITY
    14  PARTNERSHIP MAY PERFORM ANY ACT RELATING TO THE PRACTICE OF
    15  ARCHITECTURE WHICH AN INDIVIDUAL ARCHITECT IS PROHIBITED FROM
    16  DOING.
    17     [(J)] (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
    18  PREVENT THE PRACTICE OF ARCHITECTURE BY AN INDIVIDUAL AS AN
    19  EMPLOYEE OF A PERSON, PARTNERSHIP OR CORPORATION WHICH IS NOT AN
    20  ARCHITECTURAL FIRM, PROVIDED SUCH INDIVIDUAL HOLDS A CERTIFICATE
    21  TO PRACTICE ARCHITECTURE IN THE COMMONWEALTH IN CONFORMITY WITH
    22  THE PROVISIONS OF THIS ACT AND THE ARCHITECT'S SEAL IS AFFIXED
    23  TO ALL DOCUMENTS PREPARED BY HIM OR UNDER HIS PERSONAL
    24  SUPERVISION FOR USE IN THIS COMMONWEALTH.
    25     (M)  AN ARCHITECTURAL FIRM AUTHORIZED TO PRACTICE UNDER
    26  SUBSECTIONS (A) THROUGH (I) WILL BE ALLOWED TO OFFER DESIGN-
    27  BUILD SERVICES CONSISTENT WITH THE PROVISIONS OF SECTION 15(9).
    28  SECTION 15.  PERMITTED PRACTICES.
    29     NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT:
    30         (1)  PERSONS ACTING UNDER THE PERSONAL SUPERVISION OF AN
    19970H1291B2407                  - 8 -

     1     ARCHITECT FROM CARRYING OUT THEIR NORMAL DUTIES IN THE
     2     PREPARATION OF DRAWINGS, SPECIFICATIONS AND OTHER DESIGN AND
     3     CONSTRUCTION DOCUMENTS OR IN ADMINISTERING CONSTRUCTION
     4     CONTRACTS OR IN PERFORMING CONSTRUCTION MANAGEMENT SERVICES.
     5         (2)  ENGINEERS REGISTERED UNDER THE ACT OF MAY 23, 1945
     6     (P.L.913, NO.367), KNOWN AS THE "PROFESSIONAL ENGINEERS
     7     REGISTRATION LAW," AS AMENDED, FROM PERFORMING THE SERVICES
     8     FOR WHICH THEY ARE DULY LICENSED OR FROM PERFORMING SUCH
     9     SERVICES INCLUDED IN THE PRACTICE OF ARCHITECTURE AS MAY BE
    10     INCIDENTAL TO THEIR ENGINEERING WORK.
    11         (3)  THE PREPARATION OF ANY SHOP DRAWINGS OR THE
    12     PERFORMANCE OF CONSTRUCTION MANAGEMENT SERVICES BY PERSONS
    13     CUSTOMARILY ENGAGED IN CONSTRUCTION WORK.
    14         (4)  THE PREPARATION OF ANY DRAWINGS OR OTHER DESIGN
    15     DOCUMENTS [BY AN INDIVIDUAL FOR A SINGLE-FAMILY RESIDENCE OF
    16     ANY SIZE OR COST WHICH IS TO BE USED BY SUCH INDIVIDUAL AS
    17     HIS OR HER HOME.] FOR DETACHED ONE-FAMILY OR TWO-FAMILY
    18     DWELLINGS NOT MORE THAN THREE STORIES IN HEIGHT AND THEIR
    19     ACCESSORY STRUCTURES.
    20         (5)  THE PREPARATION OF ANY DRAWINGS OR OTHER DESIGN
    21     DOCUMENTS FOR ANY UTILITY OR FARM STRUCTURE WHEN SUCH UTILITY
    22     OR FARM STRUCTURE IS USED IN CONNECTION WITH A FARM
    23     RESIDENCE.
    24         (6)  THE PREPARATION OF ANY DRAWINGS OR OTHER DESIGN
    25     DOCUMENTS FOR THE REMODELING OR ALTERATION OF A BUILDING NOT
    26     INVOLVING STRUCTURAL OR EGRESS CHANGES OR ADDITIONS THERETO,
    27     PROVIDED THAT THE AUTHOR OF SUCH PLANS OR OTHER DESIGN
    28     DOCUMENTS SHALL NOT RECEIVE ANY COMPENSATION AS THE AUTHOR
    29     THEREOF.
    30         (7)  OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF THE
    19970H1291B2407                  - 9 -

     1     UNITED STATES, WHILE ENGAGED WITHIN THIS COMMONWEALTH, IN THE
     2     PRACTICE OF ARCHITECTURE FOR SAID GOVERNMENT.
     3         (8)  ANY PERSON WHILE IN THE REGULAR EMPLOYMENT OF ANY
     4     RAILROAD, TELEPHONE OR TELEGRAPH COMPANY ENGAGED IN
     5     INTERSTATE COMMERCE.
     6         (9)  DESIGN-BUILD SERVICES STRICTLY IN ACCORDANCE WITH
     7     THE FOLLOWING PRACTICES: A DESIGN-BUILD ENTITY NOT AUTHORIZED
     8     TO PRACTICE UNDER SECTION 13(A) THROUGH (I) MAY OFFER DESIGN-
     9     BUILD SERVICES, IF THE ARCHITECTURAL SERVICES IN THE DESIGN-
    10     BUILD PROCESS ARE PROVIDED IN ACCORDANCE WITH THE FOLLOWING:
    11             (I)  AN ARCHITECTURAL FIRM WHICH HAS BEEN AUTHORIZED
    12         TO PRACTICE ARCHITECTURE IN THIS COMMONWEALTH UNDER
    13         SECTION 13(A) THROUGH (I) SHALL INDEPENDENTLY CONTRACT
    14         WITH A DESIGN-BUILD ENTITY AND IS RESPONSIBLE FOR ALL
    15         MATERIAL ASPECTS OF THE PRACTICE OF ARCHITECTURE AS
    16         DEFINED IN SECTION 3.
    17             (II)  AT THE TIME A DESIGN-BUILD ENTITY OFFERS A
    18         WRITTEN DESIGN-BUILD PROPOSAL FOR A SPECIFIC PROJECT THE
    19         DESIGN-BUILD ENTITY SHALL GIVE A WRITTEN DISCLOSURE TO
    20         THE CLIENT STATING AN ARCHITECT WILL BE ENGAGED BY AND
    21         WILL BE CONTRACTUALLY RESPONSIBLE TO THE DESIGN-BUILD
    22         ENTITY OFFERING DESIGN-BUILD SERVICES AND WILL NOT BE
    23         RESPONSIBLE TO THE CLIENT.
    24             (III)  THE DESIGN-BUILD ENTITY SHALL AGREE THAT THE
    25         ARCHITECT WILL HAVE DIRECT SUPERVISION OF THE
    26         ARCHITECTURAL WORK.
    27             (IV)  THE CONTRACT BETWEEN THE DESIGN-BUILD ENTITY
    28         AND THE CLIENT SHALL SET FORTH THE NAME OF THE
    29         ARCHITECTURAL FIRM WHICH WILL BE CONTRACTUALLY
    30         RESPONSIBLE TO THE DESIGN-BUILD ENTITY FOR PROVIDING
    19970H1291B2407                 - 10 -

     1         ARCHITECTURAL SERVICES.
     2  SECTION 18.  UNAUTHORIZED PRACTICE PROHIBITED.
     3     * * *
     4     (B)  EXCEPT AS PROVIDED IN SECTION 9(C) AND (D), NO
     5  PARTNERSHIP, PROFESSIONAL ASSOCIATION [OR], CORPORATION, LIMITED
     6  LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP SHALL ENGAGE
     7  IN THE PRACTICE OR OFFER TO ENGAGE IN THE PRACTICE OF
     8  ARCHITECTURE IN THIS COMMONWEALTH, OR USE ANY TITLE, SIGN, CARD
     9  OR DEVICE IMPLYING THAT SUCH PARTNERSHIP, PROFESSIONAL
    10  ASSOCIATION [OR], CORPORATION, LIMITED LIABILITY COMPANY OR
    11  LIMITED PARTNERSHIP IS COMPETENT TO ENGAGE IN THE PRACTICE OF
    12  ARCHITECTURE, UNLESS SUCH PARTNERSHIP, PROFESSIONAL ASSOCIATION
    13  [OR], CORPORATION, LIMITED LIABILITY COMPANY OR LIMITED
    14  LIABILITY PARTNERSHIP COMPLIES WITH SECTION 13.
    15     SECTION 3.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.










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