1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1962 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to architects; amending 59 O.S. 2021,
7 Section 46.3, which relates to definitions; modifying
8 definitions; amending 59 O.S. 2021, Section 46.4, as
8 amended by Section 1, Chapter 62, O.S.L. 2023 (59
9 O.S. Supp. 2023, Section 46.4), which relates to
9 Board of Governors of the Licensed Architects,
10 Landscape Architects, and Registered Commercial
10 Interior Designers of Oklahoma; updating statutory
11 language; amending 59 O.S. 2021, Section 46.7, which
11 relates to power and duties of Board; authorizing the
12 Board to use funds to establish certain instructional
12 programs; amending 59 O.S. 2021, Section 46.9, which
13 relates to practice of architecture or landscape
13 architecture; updating certain registration for
14 operation; amending 59 O.S. 2021, Section 46.10,
14 which relates to renewal of licenses; providing
15 timeline for certain renewal of licenses; amending 59
15 O.S. 2021, Section 46.21, which relates to
16 exceptions; providing an exception; amending 59 O.S.
16 2021, Section 46.21b, which relates to architects
17 required for certain building; adding certain
17 structure to exempted buildings; amending 59 O.S.
18 2021, Section 46.38, which relates to registration of
18 interior designers; updating statutory language;
19 repealing 59 O.S. 2021, Section 46.11, which relates
19 to renewal of license or certificate; and providing
20 an effective date.
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23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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Req. No. 3054 Page 1
 1 SECTION 1. AMENDATORY 59 O.S. 2021, Section 46.3, is
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2 amended to read as follows:
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3 Section 46.3. As used in the State Architectural and Registered
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4 Commercial Interior Designers Act:
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5 1. “Architect” means any person who is licensed in the practice
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6 of architecture in the State of Oklahoma as hereinafter defined;
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7 2. “Practice of architecture” means rendering or offering to
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8 render certain services, in connection with the design and
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9 construction, enlargement or alteration of a building or a group of
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10 buildings and the space surrounding such buildings, including
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11 buildings which have as their principal purpose human occupancy or
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12 habitation. The services referred to include planning, providing
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13 preliminary studies, designs, drawings, specifications,
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14 investigations and other or technical submissions, the
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15 administration of construction contracts, and the coordination of
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16 any elements of technical submissions prepared by other consultants
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17 including, as appropriate and without limitation, consulting
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18 engineers and landscape architects; provided, that the practice of
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19 architecture shall include such other professional services as may
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20 be necessary for the rendering of or offering to render
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21 architectural services.
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22 The preparation of plans and specifications for the following
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23 tasks is within the scope of practice of both architecture and
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24 engineering:
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 1 a. site plans depicting the location and orientation of a
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2 building on the site based on:
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3 (1) a determination of the relationship of the
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4 intended use with the environment, topography,
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5 vegetation, climate, and geographic aspects, and
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6 (2) the legal aspects of site development, including
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7 setback requirements, zoning, and other legal
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8 restrictions,
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9 b. life safety plans and related codes analyses,
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10 c. roof plans and details depicting the design of roof
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11 system materials, components, drainage, slopes, and
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12 directions and location of roof accessories and
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13 equipment, not involving structural engineering
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14 calculation,
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15 d. design of shallow spread footing foundations, and
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16 e. incorporation of other design professionals’
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17 depictions of building systems, including
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18 architectural, structural, mechanical, electrical, and
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19 plumbing systems into the design professional’s own
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20 work, in:
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21 (1) plan views,
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22 (2) cross-sections depicting building components from
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23 a hypothetical cut line through a building, and
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 1 (3) the design of details of components and
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2 assemblies;
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3 3. “Registration” or “license” means a certificate of
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4 registration or license issued by the Board. The definition of
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5 “license” shall apply to those persons licensed under a practice
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6 act. The definition of “registration” shall apply to those persons
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7 registered under the title registered commercial interior designer
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8 under this act;
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9 4. “Building” means a structure consisting of a foundation,
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10 walls, all floors and roof, with or without other parts any
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11 structure used or intended to be used to support, shelter, or
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12 enclose for any use or occupancy;
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13 5. “Board” means the Board of Governors of the Licensed
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14 Architects, Landscape Architects and Registered Commercial Interior
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15 Designers of Oklahoma;
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16 6. “Certificate of authority” means the authorization granted
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17 by the Board for persons to practice or offer to practice
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18 architecture, or landscape architecture, through a partnership,
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19 firm, association, corporation, limited liability company or limited
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20 liability partnership;
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21 7. “Certificate of title” means the authorization granted by
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22 the Board for a partnership, firm, association, corporation, limited
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23 liability company or limited liability partnership to use the title
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 1 registered commercial interior designer or any modification or
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2 derivation of these terms;
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3 8. “Technical submissions” means drawings, plans,
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4 specifications, studies and any other technical reports or documents
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5 which are issued in the course of practicing architecture, landscape
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6 architecture or registered commercial interior design with the
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7 intent that they be considered as formal or final documents but.
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8 Technical submissions shall not include record drawings.
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9 Prototypical plans are not technical submissions or prototypical
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10 plans; provided, that they may be further defined by rule;
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11 9. “Responsible control” means the amount of direct control and
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12 personal supervision of architectural, landscape architectural or
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13 registered commercial interior designer’s work and detailed
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14 knowledge of the content of tactical and technical submissions
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15 during their preparation as is ordinarily exercised by licensed
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16 architects , landscape architects or registered commercial interior
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17 designers applying the required professional standard of care. The
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18 terms direct control and personal supervision, whether used
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19 separately or together, mean active and personal management of the
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20 firm’s personnel and practice to maintain charge of, and concurrent
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21 direction over, architecture, landscape architecture or the work of
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22 a registered commercial interior designer’s decisions and the
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23 instruments of professional services to which the licensee or
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24 registrant affixes the seal, signature, and date active and personal
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 1 management by a licensed architect, landscape architect, or
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2 registered commercial interior designer of the firm’s personnel and
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3 practice, applying the required standard of care, to maintain
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4 detailed knowledge over the design and technical decisions related
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5 to the preparation and implementation of the professional services
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6 to which the licensee or registrant affixed his or her seal,
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7 signature, and date;
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8 10. “Landscape architect” means a person licensed to practice
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9 landscape architecture as provided in the State Architectural and
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10 Registered Commercial Interior Designers Act;
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11 11. “Landscape architecture” means the performance of
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12 professional services defined as teaching, consultations,
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13 investigations, reconnaissance, research, planning, design,
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14 preparation of construction drawings and specifications,
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15 construction observation and the coordination of any elements of
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16 technical submissions prepared by others in connection with the
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17 planning and arranging of land and the elements thereon for public
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18 and private use and enjoyment, including the design and layout of
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19 roadways, service areas, parking areas, walkways, steps, ramps,
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20 pools, parks, parkways, trails and recreational areas, the location
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21 and site of improvements including buildings and other structures,
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22 and the grading of the land, surface and subsoil drainage, erosion
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23 control, planting, reforestation, and the preservation of the
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24 natural landscape, in accordance with accepted professional
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 1 standards, and to the extent that the dominant purpose of such
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2 services or creative works is the preservation, conservation,
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3 enhancement, or determination of proper land uses, natural land
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4 features, ground cover and plantings, or naturalistic and aesthetic
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5 values.
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6 The practice of landscape architecture shall include the
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7 location and arrangement of tangible objects and features as are
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8 incidental and necessary to the purpose outlined for landscape
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9 architecture. The practice of landscape architecture shall not
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10 include the design of structures or facilities with separate and
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11 self-contained purposes for habitation or industry, or the design of
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12 public streets, highways, utilities, storm and sanitary sewers and
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13 sewage treatment facilities, that are statutorily defined as the
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14 practice of engineering or architecture;
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15 12. “Code” means the nationally recognized codes adopted by the
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16 Uniform Building Code Commission of the State of Oklahoma;
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17 13. “Applicable building Building official” means the official
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18 responsible for the application of the adopted building code
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19 officer, other designated authority, or a duly authorized
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20 representative charged with the administration and enforcement of
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21 the building code as implemented by the local, municipal or county
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22 jurisdiction in which a building is located. Where no building code
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23 has been adopted by the local, municipal or county jurisdiction, the
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 1 applicable building official shall be defined as the State Fire
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2 Marshal;
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3 14. “Registered commercial interior designer” means a person
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4 recognized by this state who is registered, qualified by examination
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5 and meeting all the requirements set forth in the State
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6 Architectural and Registered Commercial Interior Designers Act and
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7 the Board’s rules;
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8 15. “Plans” means technical documents issued by the licensed
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9 and/or registered professionals intended to meet all current and
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10 applicable codes as adopted by the Uniform Building Code Commission
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11 of the State of Oklahoma, other statutory codes and applicable
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12 federal codes and which shall be submitted to all required building
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13 code and/or permit offices required by the State of Oklahoma,
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14 county, municipal and/or federal government;
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15 16. “Equivalent standards” means those standards adopted by the
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16 Board intended to be used as alternative equivalents to determine
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17 competency for education, training and testing for licensing
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18 architects and/or landscape architects and registering commercial
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19 interior designers and for complying with the Military Service
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20 Occupation, Education and Credentialing Act for military personnel
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21 and their spouses;
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22 17. “Commercial interior design” means the rendering of or the
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23 offering to render designs, consultations, studies, planning,
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24 drawings, specifications, contract documents or other technical
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 1 submissions and the administration of interior construction and
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2 contracts relating to nonstructural interior construction by a
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3 registered commercial interior designer in a new constructed or
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4 existing building when the core and shell elements are not going to
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5 be changed;
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6 18. “Nonstructural commercial interior construction” means the
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7 construction of elements which do not include exterior components of
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8 a building such as exterior walls, any load-bearing wall, any load-
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9 bearing column or any other load-bearing elements of a building
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10 essential to the structural integrity of the building such as wind
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11 loads and seismic loads and to any element which must be designed
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12 for wind loads and seismic loads; and
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13 l9. “Fire and life safety systems” means those systems and
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14 construction that pertain to fire and life safety protection, such
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15 as fire sprinklers, fire alarms, smoke evacuation systems, fire
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16 walls, fire barriers or smoke barriers as defined by the current
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17 International Building Code adopted by the Oklahoma Uniform Building
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18 Code Commission.
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19 The definitions in the State Architectural and Registered
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20 Commercial Interior Designers Act shall have the same meaning when
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21 applicable to any rule promulgated pursuant to such act.
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22 SECTION 2. AMENDATORY 59 O.S. 2021, Section 46.4, as
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23 amended by Section 1, Chapter 62, O.S.L. 2023 (59 O.S. Supp. 2023,
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24 Section 46.4), is amended to read as follows:
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 1 Section 46.4. There is hereby re-created, to continue until
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2 July 1, 2026, in accordance with the provisions of the Oklahoma
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3 Sunset Law, a board to be known as the “Board of Governors of the
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4 Licensed Architects, Landscape Architects and Registered Commercial
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5 Interior Designers of Oklahoma”, hereinafter referred to as the
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6 Board. The Board shall be composed of eleven (11) members including
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7 six persons who are duly licensed to practice architecture and are
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8 in good standing in this state, two persons who are duly licensed to
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9 practice landscape architecture and are in good standing in this
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10 state, two persons who are registered commercial interior designers
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11 and who are active and in good standing and one lay member. Each
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12 member of the Board shall be a qualified elector of this state, and
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13 the architect, landscape architect and registered commercial
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14 interior designer members shall have had five (5) years’ licensing
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15 or registration experience as the professional position requires in
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16 this state. Re-creation of the Board shall not alter existing
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17 staggered terms. Board members, other than the lay member, shall be
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18 appointed for a period of five (5) years thereafter; provided, that
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19 nothing herein shall affect the tenure of office of anyone who is a
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20 member of the Board on May 31, 1957. A member may be reappointed to
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21 succeed such membership himself or herself. The licensed architect,
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22 landscape architect or the registered commerci