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Second Regular Session
Sixty-first General Assembly
LLS NO. 980278.01 EBD
HOUSE BILL 981016
STATE OF COLORADO
BY REPRESENTATIVE T. Williams;
also SENATOR Schroeder.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING REGULATION OF ARCHITECTS BY THE STATE
BOARD OF EXAMINERS OF ARCHITECTS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Sunset Process House Business Affairs and Labor Committee. Replaces one architect member of the board with one member who is a local government building official. Repeals the requirement that the board maintain a roster of architects. Replaces the 2year grace period for reinstatement with a grace period of a duration to be set by the board. Increases the minimum fine for a violation from $500 to $1000. Allows the board to set the maximum fines by rule, so long as the maximum amount is less than the lesser of 25% of the project at issue or $50,000. Allows the board, or its designee to issue cease and desist orders for violation of the title protection section.
Repeals the prohibition of the use by an unlicensed
person of a title that might mislead the public into believing
such person is an architect. Deletes language referring to the
unauthorized use of any derivative of the title "architect"
by unlicensed persons. Allows the use of stamps on reproducible
documents if required for compliance with a contract with the
federal government. Requires the date on which plans are stamped
to be included with the architect's signature.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 124102 (5) and (6), Colorado Revised Statutes, are amended, and the said 124102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
124102. Definitions. As used in this article, unless the context otherwise requires:
(3.5) "DRAWINGS" MEANS THE ORIGINAL DOCUMENTS PRODUCED TO DESCRIBE A PROJECT. SUCH ORIGINAL DOCUMENTS MAY BE PRODUCED
BY COMPUTER ASSISTED DESIGN AND DRAFTING SOFTWARE, COMMONLY KNOWN AS "CADD", OR OTHER MEANS.
(5) (a) The "practice of
architecture" means the performance of the professional services
of planning and design of buildings, preparation of construction
contract documents including working drawings and specifications
for the construction of buildings, AND THE observation of construction
pursuant to an agreement between an architect and any other person,
and administration of construction
contracts for the construction of buildings,
but DOES not INCLUDE the performance of the construction of
(b) AN ARCHITECT'S PROFESSIONAL SERVICES MAY INCLUDE ANY OR ALL OF THE FOLLOWING:
(I) INVESTIGATIONS, EVALUATIONS, SCHEMATIC AND PRELIMINARY STUDIES, DESIGNS, WORKING DRAWINGS, AND SPECIFICATIONS FOR CONSTRUCTION, OR FOR ONE OR MORE BUILDINGS, AND FOR THE SPACE WITHIN AND SURROUNDING THE BUILDINGS OR STRUCTURES;
(II) COORDINATION OF THE WORK OF TECHNICAL AND SPECIAL CONSULTANTS;
(III) COMPLIANCE WITH GENERALLY APPLICABLE CODES AND REGULATIONS, AND ASSISTANCE IN THE GOVERNMENTAL REVIEW PROCESS;
(IV) TECHNICAL ASSISTANCE IN THE PREPARATION OF BID DOCUMENTS AND AGREEMENTS BETWEEN CLIENTS AND CONTRACTORS;
(V) CONTRACT ADMINISTRATION; AND
(VI) CONSTRUCTION OBSERVATION.
(c) NOTHING IN THIS SUBSECTION (5) SHALL PRECLUDE ANY OTHER PERSON OR ENTITY FROM PROVIDING ANY SERVICE ALLOWED BY SECTION 124112.
CONTROL" means THAT AMOUNT OF
control OVER and
of architectural work within an architect's scope of competence
DETAILED KNOWLEDGE OF THE CONTENT OF TECHNICAL SUBMISSIONS
AS DEFINED IN SECTION 12-4-110 (2) (C) DURING THEIR
PREPARATION AS IS ORDINARILY EXERCISED BY A LICENSED ARCHITECT
APPLYING THE REQUIRED STANDARD OF CARE.
SECTION 2. 12-4-103 (1), Colorado Revised Statutes, is amended to read:
124103. State board of
examiners of architects subject to termination repeal
of article. (1) There is created
in the division of registrations in the department of regulatory
agencies a Colorado state board of examiners of architects, consisting
of seven members, four of whom are licensed architects in the
state of Colorado, are residents of the state of Colorado, and
have been engaged in the practice of architecture for at least
three years prior to their appointment, two of whom are residents
but are not and have not been licensed architects in the state
of Colorado or any other state or engaged in the practice of architecture
in the state of Colorado, and one who is a licensed general building
contractor in the state of Colorado and is a resident of the state
of Colorado. Board members shall be appointed by the
governor to serve for not more than two fouryear terms of
office, expiring February 15. Each board member shall hold office
until the expiration of the appointed term or until a successor
is duly appointed.
office on June 15, 1987, are subject to the provisions of section
241137, C.R.S. Any vacancy
occurring in the membership of the board shall be filled by the
governor by appointment for the remainder of an unexpired term.
The governor may remove any member of the board for misconduct,
incompetency, or neglect of duty.
SECTION 3. 124104 (5) and (6), Colorado Revised Statutes, are amended to read:
124104. Board powers.
The board shall publish
a complete roster annually. The roster shall contain:
(a) Statutes administered by the
(b) The name, lastknown
address, and place of business of each architect;
(c) The location of all technical
publications purchased by the board which are made available to
(d) Rules and regulations of the
(e) Such other pertinent information
as the board deems necessary. THE
BOARD SHALL COMMUNICATE ANNUALLY IN WRITING TO ALL ARCHITECTS
LICENSED PURSUANT TO THIS ARTICLE STATING ANY CHANGES IN BOARD
RULES OR THIS TITLE, MAKING SPECIFIC REFERENCE TO ANY CHANGES
TO LICENSING REQUIREMENTS ENACTED OVER THE COURSE OF THE PREVIOUS
shall be filed with the executive director of the department of
regulatory agencies and each county clerk and recorder and county
building official. The roster shall be mailed to each architect
who has remitted the renewal fee for that year and whose name
appears in the roster and shall be made available to the public
on request and upon payment of the fee established by the board.
SECTION 4. 124108 (2), Colorado Revised Statutes, is amended to read:
124108. License renewal
(2) The license of any architect who fails to pay the
license renewal fee shall expire. An expired license may be
SIX MONTHS after expiration, upon
payment of all fees in arrears; thereafter, the board shall require
payment of a reinstatement fee established pursuant to section
2434105, C.R.S., and may require reexamination, unless
the architect has maintained an active architectural practice
in another jurisdiction or otherwise satisfies the board of his
THE ARCHITECT'S continued competence.
SECTION 5. 124110 (2) (c), Colorado Revised Statutes, is amended to read:
124110. Partnerships professional corporations limited liability companies requirements. (2) An entity listed in subsection (1.5) of this section may practice architecture, but only if:
(c) All architectural plans, designs,
drawings, specifications, or reports
THAT are involved in such practice, issued by or for such entity,
bear the seal and signature of an architect in responsible charge
CONTROL of, and directly responsible for, such architectural
work when issued; and
SECTION 6. 124111 (2) (e), (2) (n), and (5) (a), Colorado Revised Statutes, are amended to read:
124111. Discipline. (2) Grounds for disciplinary action include:
(e) Affixing a seal or allowing a seal
to be affixed to any document of which the architect was neither
the author nor in responsible
CONTROL of preparation; or
(n) Failure to render adequate professional
control of persons practicing architecture under the responsible
CONTROL of a licensed architect; or
(5) Fines. (a) In
addition to the penalties provided
for in subsection (3) of this section, any person violating any
provision of this article or any standards or rules or regulations
promulgated pursuant to this article may be punished upon a finding
of misconduct by the board, made pursuant to article 4 of title
(I) In the first administrative
proceeding against a licensee, a fine of not less than five hundred
dollars nor more than one thousand dollars;
AN administrative proceeding against a licensee, for
transactions occurring after a final agency action determining
that a violation of this article has occurred,
THE BOARD MAY IMPOSE a fine of not
less than one thousand dollars nor more than two
NOT MORE THAN FIVE thousand dollars.
SECTION 7. 124112 (3), Colorado Revised Statutes, is amended to read:
(3) Nothing in this article shall be construed as curtailing
or extending the rights of any other
recognized profession or craft.
SECTION 8. 124113 (1) (c) (III), Colorado Revised Statutes, is amended and the said section 124113 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
124113. Violations penalties injunctions. (1) It is a class 3 misdemeanor for any person, including any corporation, association, or partnership, to:
(c) Without having a license issued under this article:
in connection with his name or business or otherwise assume, use,
or advertise any title or description which will or reasonably
might be expected to mislead the public into believing that he
is an architect, unless practicing pursuant to section 124112
(4) and, if a corporation or partnership or group of persons,
meeting the requirements of section 124110;
(1.5) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON WHO IS LICENSED TO PRACTICE ARCHITECTURE IN ANOTHER JURISDICTION OF THE UNITED STATES FROM SOLICITING WORK IN COLORADO. SUCH PERSON SHALL NOT PERFORM THE PRACTICE OF ARCHITECTURE IN THIS STATE WITHOUT FIRST HAVING OBTAINED A LICENSE FROM THE BOARD, OR HAVING ASSOCIATED WITH AN ARCHITECT LICENSED IN THIS STATE WHO IS ASSOCIATED WITH THE PROJECT AT ALL STAGES OF THE PROJECT.
(2.5) IF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON IS VIOLATING ANY PROVISION OF THIS SECTION OR ANY LAWFUL RULE OR REGULATION ISSUED UNDER THIS SECTION, IN ADDITION TO ALL OTHER ACTIONS PROVIDED FOR IN THIS ARTICLE AND WITHOUT PREJUDICE THERETO, THE BOARD OR ITS DESIGNEE MAY ENTER AN ORDER REQUIRING SUCH PERSON TO CEASE AND DESIST FROM VIOLATING THIS SECTION OR SUCH RULE OR REGULATION AND, IN ADDITION, MAY REQUEST THAT AN ACTION BE BROUGHT ON RELATION OF THE PEOPLE OF THE STATE OF COLORADO BY THE ATTORNEY GENERAL OR BY THE DISTRICT ATTORNEY OF THE DISTRICT IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED, TO ENJOIN SUCH PERSON FROM ENGAGING IN OR CONTINUING SUCH VIOLATION OR FROM DOING ANY ACT IN FURTHERANCE THEREOF. IN ANY SUCH ACTION, AN ORDER OR JUDGMENT MAY BE ENTERED AWARDING SUCH PRELIMINARY OR FINAL INJUNCTION AS MAY BE DEEMED PROPER.
SECTION 9. 124115, Colorado Revised Statutes, is amended to read:
124115. Use of title.
(1) No person preparing plans and specifications for
or construction contracts for the administration of any alteration,
remodeling, or repair of any building shall use the title "architect"
nor any derivative thereof, in connection
therewith unless he
SUCH PERSON has been licensed as an architect pursuant to this
"architect" or any derivative of the word "architect"
shall not be used alone, or in a phrase, in any offer or response
to an offer to provide services defined as practice of architecture
by section 124102 (5) unless such person is an architect
licensed under this article.
(3) ANY LISTING OR ADVERTISEMENT BY AN ARCHITECT IN ANY COLORADO PUBLICATION SHALL INCLUDE THE COLORADO LICENSE NUMBER OF THE ARCHITECT.
SECTION 10. 124116 (1) (a), (1) (b), and (1) (c), Colorado Revised Statutes, are amended, and the said 124116 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
124116. Architect's stamp. (1) The use of an architect's stamp shall be subject to the following:
(a) The stamp,
the signature of the architect whose
name appears on the stamp, AND DATE OF THE SIGNATURE OF SUCH ARCHITECT
shall be placed on reproductions of drawings to establish a record
set of contract documents. The record set shall be prominently
identified and shall be for the permanent record of the architect,
the project owner, and the regulatory authorities who have jurisdiction
over the project.
(b) The stamp AND THE DATE THE DOCUMENT
IS STAMPED shall be placed on each reproduction of drawings
is prepared under the direct supervision
of the architect and on the cover, title page, and table of contents
of specifications. Subsequent issues of addenda, revisions, clarifications,
or other modifications shall be properly identified AND DATED
for the record set. Where consultant drawings and specifications
are incorporated into the record set, they shall be clearly identified
by consultant stamps or other means AND DATED in accordance with
law to distinguish proper reference to origination.
(c) EXCEPT AS REQUIRED FOR COMPLIANCE WITH A FEDERAL CONTRACT, the stamp shall not be placed on reproducible drawings which are used for multiple copies or on reproducible drawings which are transferred away from the architect's possession and supervision.
(e) ONE ORIGINAL DOCUMENT MAY BE STAMPED, SIGNED, AND DATED PURSUANT TO THE REQUIREMENTS OF FEDERAL GOVERNMENT CONTRACTS.
SECTION 11. 124117, Colorado Revised Statutes, is amended to read:
124117. Notification to
board. Each architect shall notify the
board of any action or arbitration in which claims regarding the
life safety of the occupants of the building are made. Such notification
shall be made within ninety days of notice to the architect of
such action or arbitration.
or arbitration in such claims pending on July 1, 1986, shall be
reported to the board within ninety days of the issuance of the
roster provided for in section 124104 (5).
SECTION 12. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to acts occurring on or after said date.
SECTION 13. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.