1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3253 By: Osburn
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
8 amending 59 O.S. 2021, Sections 46.3, 46.4, as
8 amended by Section 1, Chapter 62, O.S.L. 2023, 46.7,
9 46.9, 46.10, 46.21, 46.21b, and 46.38 (59 O.S. Supp.
9 2023, Section 46.4), which relate to the State
10 Architectural and Registered Commercial Interior
10 Designers Act; changing certain definitions;
11 clarifying provisions for the Board of Governors of
11 the Licensed Architects, Landscape Architects and
12 Registered Commercial Interior Designers of Oklahoma;
12 adding powers and duties of the Board; clarifying
13 certain partnership terms and definitions;
13 implementing certificate renewal fee provisions;
14 adding cancellation language; adding exception
14 provision; adding definition of exempted buildings;
15 omitting certain terms from interior designer
15 provisions; amending 59 O.S. 2021, Sections 475.1,
16 475.2, 475.3, as amended by Section 1, Chapter 63,
16 O.S.L. 2023, 475.4, 475.6, 475.7, 475.8, 475.9,
17 475.10, 475.11, 475.12a, 475.12b, 475.12c, 475.13,
17 475.14, 475.15, 475.16, 475.17, 475.18, 475.19,
18 475.20, 475.21, 475.22, and 475.22a (59 O.S. Supp.
18 2023, Section 475.3), which relate to engineering and
19 land surveying; modifying license language; modifying
19 definitions; clarifying board member appointments;
20 adding board member qualifications; modifying board
20 power and authority; adding executive director
21 duties; expanding list of requirements for record of
21 proceedings; adding roster requirements; modifying
22 engineer and surveyor licensure requirements;
22 prescribing engineer and surveyor intern
23 certification requirements; modifying structural
23 engineering qualifications; clarifying application
24 form requirements; stating examination provisions;
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Req. No. 8884 Page 1
 1 prescribing license design details; modifying license
1 renewal and replacement provisions; prescribing
2 disciplinary provisions; modifying notice and hearing
2 language; increasing administrative penalties;
3 clarifying conditions for practice for firms;
3 modifying licensing exceptions; repealing 59 O.S.
4 2021, Section 46.11, which relates to displaying an
4 architect license or certificate; and providing an
5 effective date.
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7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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8 SECTION 1. AMENDATORY 59 O.S. 2021, Section 46.3, is
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9 amended to read as follows:
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10 Section 46.3 As used in the State Architectural and Registered
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11 Commercial Interior Designers Act:
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12 1. "Architect" means any person who is licensed in the practice
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13 of architecture in the State of Oklahoma as hereinafter defined;
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14 2. "Practice of architecture" means rendering or offering to
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15 render certain services, in connection with the design and
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16 construction, enlargement or alteration of a building or a group of
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17 buildings and the space surrounding such buildings, including
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18 buildings which have as their principal purpose human occupancy or
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19 habitation. The services referred to include planning, providing
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20 preliminary studies, designs, drawings, specifications,
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21 investigations and other or technical submissions, the
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22 administration of construction contracts, and the coordination of
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23 any elements of technical submissions prepared by other consultants
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24 including, as appropriate and without limitation, consulting
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 1 engineers and landscape architects; provided, that the practice of
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2 architecture shall include such other professional services as may
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3 be necessary for the rendering of or offering to render
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4 architectural services.
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5 The preparation of plans and specifications for the following
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6 tasks is within the scope of practice of both architecture and
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7 engineering:
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8 a. site plans depicting the location and orientation of a
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9 building on the site based on:
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10 (1) a determination of the relationship of the
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11 intended use with the environment, topography,
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12 vegetation, climate, and geographic aspects, and
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13 (2) the legal aspects of site development, including
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14 setback requirements, zoning, and other legal
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15 restrictions,
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16 b. life safety plans and related codes analyses,
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17 c. roof plans and details depicting the design of roof
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18 system materials, components, drainage, slopes, and
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19 directions and location of roof accessories and
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20 equipment, not involving structural engineering
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21 calculations,
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22 d. design of shallow spread footing foundations, and
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23 e. the incorporation of other design professionals'
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24 depiction of building systems, including
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Req. No. 8884 Page 3
 1 architectural, structural, mechanical, electrical, and
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2 plumbing systems into the design professionals' own
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3 work, in:
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4 (1) plan views,
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5 (2) cross-sections depicting building components from
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6 a hypothetical cut line through buildings, and
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7 (3) the design of details of components and
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8 assemblies;
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9 3. "Registration" or "license" means a certificate of
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10 registration or license issued by the Board. The definition of
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11 "license" shall apply to those persons licensed under a practice
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12 act. The definition of "registration" shall apply to those persons
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13 registered under the title registered commercial interior designer
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14 under this act;
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15 4. "Building" means a structure consisting of a foundation,
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16 walls, all floors and roof, with or without other parts any
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17 structure used, or intended to be used, to support, shelter, or
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18 enclose any use or occupancy;
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19 5. "Board" means the Board of Governors of the Licensed
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20 Architects, Landscape Architects and Registered Commercial Interior
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21 Designers of Oklahoma;
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22 6. "Certificate of authority" means the authorization granted
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23 by the Board for persons to practice or offer to practice
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24 architecture, or landscape architecture, through a partnership,
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 1 firm, association, corporation, limited liability company or limited
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2 liability partnership;
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3 7. "Certificate of title" means the authorization granted by
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4 the Board for a partnership, firm, association, corporation, limited
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5 liability company or limited liability partnership to use the title
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6 registered commercial interior designer or any modification or
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7 derivation of these terms;
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8 8. "Technical submissions" means drawings, plans,
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9 specifications, studies and any other technical reports or documents
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10 which are issued in the course of practicing architecture, landscape
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11 architecture or registered commercial interior design with the
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12 intent that they be considered as formal or final documents but.
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13 Technical submissions shall not include record drawings.
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14 Prototypical plans are not technical submissions or prototypical
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15 plans. However, technical submissions may be further defined by
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16 Board rules;
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17 9. "Responsible control" means the amount of direct control and
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18 personal supervision of architectural, landscape architectural or
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19 registered commercial interior designer's work and detailed
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20 knowledge of the content of tactical and technical submissions
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21 during their preparation as is ordinarily exercised by licensed
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22 architects, landscape architects or registered commercial interior
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23 designers applying the required professional standard of care. The
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24 terms direct control and personal supervision, whether used
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 1 separately or together, mean active and personal management of the
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2 firm's personnel and practice to maintain charge of, and concurrent
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3 direction over, architecture, landscape architecture or the work of
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4 a registered commercial interior designer's decisions and the
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5 instruments of professional services to which the licensee or
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6 registrant affixes the seal, signature, and date the active and
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7 personal management by a licensed architect, landscape architect, or
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8 registered commercial interior designer of the firm's personnel and
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9 practice, applying the required standard of care, to maintain
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10 detailed knowledge over the design and technical decisions related
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11 to the preparation and implementation of the professional services
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12 to which the licensee or registrant affixes his or her seal,
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13 signature, and date;
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14 10. "Landscape architect" means a person licensed to practice
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15 landscape architecture as provided in the State Architectural and
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16 Registered Commercial Interior Designers Act;
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17 11. "Landscape architecture" means the performance of
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18 professional services defined as teaching, consultations,
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19 investigations, reconnaissance, research, planning, design,
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20 preparation of construction drawings and specifications,
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21 construction observation and the coordination of any elements of
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22 technical submissions prepared by others in connection with the
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23 planning and arranging of land and the elements thereon for public
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24 and private use and enjoyment, including the design and layout of
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 1 roadways, service areas, parking areas, walkways, steps, ramps,
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2 pools, parks, parkways, trails and recreational areas, the location
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3 and site of improvements including buildings and other structures,
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4 and the grading of the land, surface and subsoil drainage, erosion
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5 control, planting, reforestation, and the preservation of the
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6 natural landscape, in accordance with accepted professional
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7 standards, and to the extent that the dominant purpose of such
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8 services or creative works is the preservation, conservation,
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9 enhancement, or determination of proper land uses, natural land
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10 features, ground cover and plantings, or naturalistic and aesthetic
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11 values.
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12 The practice of landscape architecture shall include the
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13 location and arrangement of tangible objects and features as are
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14 incidental and necessary to the purpose outlined for landscape
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15 architecture. The practice of landscape architecture shall not
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16 include the design of structures or facilities with separate and
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17 self-contained purposes for habitation or industry, or the design of
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18 public streets, highways, utilities, storm and sanitary sewers and
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19 sewage treatment facilities, that are statutorily defined as the
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20 practice of engineering or architecture;
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21 12. "Code" means the nationally recognized codes adopted by the
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22 Uniform Building Code Commission of the State of Oklahoma;
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23 13. "Applicable building official" "Building official" means
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24 the official responsible for the application of the adopted officer,
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 1 other designated authority, or duly authorized representative
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2 charged with the administration and enforcement of the building code
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3 as implemented by the local, municipal or county jurisdiction in
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4 which a building is located. Where no building code has been
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5 adopted by the local, municipal or county jurisdiction, the
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6 applicable building official shall be defined as the State Fire
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7 Marshal;
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8 14. "Registered commercial interior designer" means a person
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9 recognized by this state who is registered, qualified by examination
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10 and meeting all the requirements set forth in the State
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11 Architectural and Registered Commercial Interior Designers Act and
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12 the Board's rules;
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13 15. "Plans" means technical documents issued by the licensed
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14 and/or registered professionals intended to meet all current and
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15 applicable codes as adopted by the Uniform Building Code Commission
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16 of the State of Oklahoma, other statutory codes and applicable
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17 federal codes and which shall be submitted to all required building
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18 code and/or permit offices required by the State of Oklahoma,
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19 county, municipal and/or federal government;
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20 16. "Equivalent standards" means those standards adopted by the
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21 Board intended to be used as alternative equivalents to determine
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22 competency for education, training and testing for licensing
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23 architects and/or landscape architects and registering commercial
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24 interior designers and for complying with the Military Service
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 1 Occupation, Education and Credentialing Act for military personnel
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2 and their spouses;
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3 17. "Commercial interior design" means the rendering of or the
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4 offering to render designs, consultations, studies, planning,
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5 drawings, specifications, contract documents or other technical
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6 submissions and the administration of interior construction and
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7 contracts relating to nonstructural interior construction by a
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8 registered commercial interior designer in a new constructed or
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9 existing building when the core and shell elements are not going to
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10 be changed;
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11 18. "Nonstructural commercial interior construction" means the
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12 construction of elements which do not include exterior components of
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13 a building such as exterior walls, any load-bearing wall, any load-
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14 bearing column or any other load-bearing elements of a building
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15 essential to the structural integrity of the building such as wind
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16 loads and seismic loads and to any element which must be designed
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17 for wind loads and seismic loads; and
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18 l9. "Fire and life safety systems" means those systems and
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19 construction that pertain to fire and life safety protection, such
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20 as fire sprinklers, fire alarms, smoke evacuation systems, fire
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21 walls, fire barriers or smoke barriers as defined by the current
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22 International Building Code adopted by the Oklahoma Uniform Building
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23 Code Commission.
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 1 The definitions in the State Architectural and Registered
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2 Commercial Interior Designers Act shall have the same meaning when
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3 applicable to any rule promulgated pursuant to such act.
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4 SECTION 2. AMENDATORY 59 O.S. 2021, Section 46.4, as
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5 amended by Section 1, Chapter 62, O.S.L. 2023 (59 O.S. Supp. 2023,
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6 Section 46.4), is amended to read as follows:
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7 Section 46.4 There is hereby re-created, to continue until July
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8 1, 2026, in accordance with the provisions of the Oklahoma Sunset
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9 Law, a board to be known as the "Board of Governors of the Licensed
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10 Architects, Landscape Architects and Registered Commercial Interior
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11 Designers of Oklahoma", hereinafter referred to as the Board. The
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12 Board shall be composed of eleven (11) members including six persons
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13 who are duly licensed to practice architecture and are in good
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14 standing in this state, two persons who are duly licensed to
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15 practice landscape architecture and are in good standing in this
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