PRINTER'S NO. 1879
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1319
Session of
2024
INTRODUCED BY FARRY, KEARNEY AND COMITTA, SEPTEMBER 13, 2024
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 13, 2024
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 title of act, for short title, for declaration of
7 purpose, for definitions, for creation of board and
8 appointment and term of members and officers, for
9 organization of board, for powers of board, for duties of
10 board, for examination and qualification of applicants, for
11 reciprocal licensing, for issuance and renewal of
12 certificates, for payment and disposition of fees and for
13 seal of architect; providing for architectural firm
14 registration and for architectural firm names; further
15 providing for permitted practices, for existing licenses, for
16 existing rules and regulations and for unauthorized practice
17 prohibited; providing for certification of interior
18 designers; further providing for disciplinary proceedings,
19 for penalties and for complaint procedure and hearings;
20 providing for regulations; further providing for
21 severability, for repeals and for effective date; and making
22 editorial changes.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The title of the act of December 14, 1982
26 (P.L.1227, No.281), known as the Architects Licensure Law, is
27 amended to read:
28 AN ACT
 1 Regulating the practice of architecture and the provision of
2 interior design services as a certified interior designer in
3 the Commonwealth of Pennsylvania; providing for the
4 examination and licensure of architects and the certification
5 of interior designers by a State Architects Licensure Board;
6 and providing penalties.
7 Section 2. The act is amended by adding a chapter heading to
8 read:
9 CHAPTER 1
10 PRELIMINARY PROVISIONS
11 Section 3. Section 1 of the act is renumbered to read:
12 Section [1] 101. Short title.
13 This act shall be known and may be cited as the "Architects
14 Licensure Law."
15 Section 4. Sections 2 and 3 of the act are amended to read:
16 Section [2] 102. Declaration of purpose.
17 In order to protect the health, safety and property of the
18 people of the Commonwealth of Pennsylvania and to promote their
19 welfare, no person shall engage in the practice of architecture
20 or provide interior design services as a certified interior
21 designer in this Commonwealth except in compliance with the
22 requirements of this act.
23 Section [3] 103. 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 "Accredited school." Any educational institution with an
28 academic program in architecture or interior design services
29 accredited by a national [architectural] accrediting body or
30 approved by the board.
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 1 "Architect." An individual licensed under this act to engage
2 in the practice of architecture within the Commonwealth of
3 Pennsylvania.
4 "Board." The Architects Licensure Board established by this
5 act.
6 "Certificate." The certificate [of licensure] issued by the
7 board under Chapter 7 indicating that the individual named
8 [therein is an architect] is a certified interior designer.
9 "Certified interior designer." An individual who is
10 certified under this act to provide interior design services.
11 "Continuing education." Postlicensure or postcertification
12 learning that enables an architect or certified interior
13 designer to increase or update knowledge and competency in
14 technical and professional subjects related to the practice of
15 architecture or provision of interior design services,
16 respectively.
17 "Design-build." A project delivery method whereby a design-
18 build entity signs a single contract to provide a combination of
19 architectural and construction services to a client.
20 "Design-build entity." An entity which provides by single
21 contract to a client a combination of architectural and
22 construction services.
23 "Interior design services." The rendering or offering to
24 render services in the preparation and administration of
25 documents, including drawings, schedules and specifications
26 which pertain to the design intent and planning of interior
27 spaces, including furnishings, layout, fixtures, cabinetry,
28 lighting and device location and type, finishes, materials and
29 interior construction not materially related to or materially
30 affecting the building systems. The term does not include the
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 1 practice of architecture.
2 "License." The license issued by the board under Chapter 5
3 indicating that the individual named is authorized to engage in
4 the practice of architecture as an architect.
5 "Practice of architecture." The rendering or offering to
6 render certain services, hereinafter described, in connection
7 with the design and construction of a structure or group of
8 structures which have as their principal purpose human
9 habitation or use, and the utilization of space within and
10 surrounding such structures. The services referred to in the
11 previous sentence include planning, providing preliminary
12 studies, designs, drawings, specifications, and other design
13 documents, construction management and administration of
14 construction contracts. The foregoing shall not be deemed to
15 include the practice of engineering as such, for which separate
16 registration is required under the provisions of the act of May
17 23, 1945 (P.L.913, No.367), known as the ["Professional
18 Engineers Registration Law,"] "Engineer, Land Surveyor and
19 Geologist Registration Law," excepting only engineering work
20 incidental to the practice of architecture.
21 "Professional degree." A first professional degree in
22 architecture conferred by an accredited school.
23 Section 5. The act is amended by adding a chapter heading to
24 read:
25 CHAPTER 3
26 ARCHITECTS LICENSURE BOARD
27 Section 6. Sections 4, 5, 6 and 7 of the act are amended to
28 read:
29 Section [4] 301. Creation of board; appointment and term of
30 members and officers.
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 1 (a) There is hereby established an Architects Licensure
2 Board which shall consist of the Commissioner of Professional
3 and Occupational Affairs, the Director of the Bureau of Consumer
4 Protection in the Office of Attorney General, or [his designee,
5 two members who shall represent the public at large] the
6 director's designee, two members who shall represent the public
7 at large, one member who shall be a certified interior designer,
8 and [five] seven members, all of whom shall be architects, who
9 have been in the active practice of architecture in the
10 Commonwealth of Pennsylvania for not less than seven years prior
11 to their appointment.
12 (b) Each professional and public member of the board shall
13 be appointed by the Governor with the advice and consent of the
14 Senate. The confirmed members of the State Board of Examiners of
15 Architects constituted under the act of July 12, 1919 (P.L.933,
16 No.369), referred to as the Architects Registration Law, who
17 were members on December 14, 1982, and the presently confirmed
18 members of the [Architects Licensure Board] board constituted
19 under this act as of December 31, 1983, shall continue to serve
20 as board members until their terms of office expire but not
21 longer than six months beyond the expiration of such term. In
22 the event that any of said members shall die or resign during
23 his term of office, his successor shall be appointed in the same
24 way and with the same qualifications as above set forth and
25 shall hold office for the unexpired term. When terms of the
26 present board members expire, the next term of succeeding board
27 members shall be designated to expire at different times so that
28 one member shall be appointed for a term of one year, one member
29 shall be appointed for a term of two years, one member shall be
30 appointed for a term of three years, one member shall be
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 1 appointed for a term of four years, and one member shall be
2 appointed for a full term of five years. Successive terms shall
3 be four years or until his successor is appointed and qualified.
4 (c) A member appointed for a full term shall not be eligible
5 for more than two consecutive full terms.
6 (d) Each member of the board shall take and subscribe to the
7 oath of office generally required of State officials.
8 (e) A member of the board who fails to attend three
9 consecutive meetings shall forfeit his seat unless the
10 Commissioner of Professional and Occupational Affairs, upon
11 written request from the member, finds that the member should be
12 excused from a meeting because of illness or the death of an
13 immediate family member.
14 (f) The board is subject to evaluation, review and
15 termination within the time and in the manner provided in the
16 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
17 Act."
18 (g) [Five] Seven members of the board shall constitute a
19 quorum.
20 Section [5] 302. Organization of board.
21 (a) An organizational meeting of the board shall be held
22 annually at which time the board shall elect from its membership
23 a president, a vice president and a secretary, who shall serve
24 for one year or until their successors are duly elected. The
25 board may meet at least once a month and at other times as the
26 board, in consultation with the Commissioner of Professional and
27 Occupational Affairs, deems desirable. Other meetings of the
28 board may be called in accordance with rules and regulations
29 promulgated by the board. Adequate public notice of the time and
30 place of meetings of the board shall be given.
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 1 (b) Should a vacancy in the office of president, vice
2 president or secretary of the board occur, the remaining members
3 of the board shall fill such vacancy by election.
4 (c) The majority of the board shall constitute a quorum for
5 the transaction of all business, but no action shall be taken at
6 any meeting without the majority of the current board membership
7 in accord.
8 (d) Each professional and public member of the board shall
9 be paid reasonable traveling, hotel and other necessary expenses
10 and per diem compensation at the rate of $60 for each day of
11 actual service while on board business.
12 Section [6] 303. Powers of board.
13 (a) The board may establish reasonable rules and regulations
14 to carry out the provisions of this act.
15 (b) The board may establish, by regulations consistent with
16 the policy contained in this act, standards of professional
17 conduct for architects and certified interior designers.
18 (c) The board shall schedule examinations in compliance with
19 the provisions of the act of April 9, 1929 (P.L.177, No.175),
20 known as "The Administrative Code of 1929," for individuals
21 applying for licenses or certificates at least once each year,
22 provided the architect applicants are qualified under [sections
23 8 and 9] Chapter 5 and the certified interior designer
24 applicants are qualified under Chapter 7. The board may
25 establish such rules and regulations consistent with this act
26 for the examination of applicants as it deems appropriate.
27 (d) The board shall issue [certificates] licenses to
28 individuals who have qualified to engage in the practice of
29 architecture and certificates to individuals who have qualified
30 to engage in interior design services as certified interior
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 1 designers under the provisions of this act. The board may
2 establish such rules and regulations consistent with this act
3 for the issuance and renewal of licenses and certificates as it
4 deems appropriate, including rules for the issuance of licenses
5 and certificates by reciprocity.
6 (e) The board shall have the power to administer and enforce
7 the laws of the Commonwealth of Pennsylvania relating to the
8 practice of architecture and the provision of interior design
9 services as a certified interior designer and to instruct and
10 require its agents to initiate appropriate proceedings for
11 unauthorized and unlawful practice.
12 (f) The board shall have the power to take disciplinary
13 action as described in this act. In all disciplinary proceedings
14 brought pursuant to this act, the board shall have the power to
15 administer oaths, to summon witnesses, and to compel the
16 production of documents in accordance with law. Upon the failure
17 of any person to appear or produce documents in accordance with
18 the board's order, the board may take appropriate action in
19 accordance with the act of October 15, 1980 (P.L.950, No.164),
20 known as the "Commonwealth Attorneys Act," to enforce
21 compliance.
22 (g) The board shall have the power to take appropriate
23 actions to initiate injunction and criminal prosecution
24 proceedings in connection with the unlawful and unauthorized
25 practice of architecture or the provision of interior design
26 services as a certified interior designer or other violations of
27 this act. Injunction and criminal proceedings shall be
28 instituted in accordance with the "Commonwealth Attorneys Act."
29 (h) The board shall have the power to appoint, with the
30 approval of the Governor, such hearing examiners as shall be
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 1 necessary to conduct hearings as may be required under section
2 [21] 903. The board shall have the power to adopt and promulgate
3 rules and regulations setting forth the functions, powers,
4 standards and duties to be followed by its hearing examiners.
5 Section [7] 304. Duties of board.
6 (a) The board shall keep a record of its proceedings and the
7 board shall keep records relating to applications. Records
8 relating to applications shall include the name, age and last
9 known address of each applicant for licensure or certification,
10 information concerning each applicant's education, experience
11 and other qualifications, the text of all examinations
12 administered and the results thereof and such other information
13 as the board deems appropriate. The records of the board shall
14 be prima facie evidence in the proceedings and a certified
15 transcript by the secretary shall be admissible in evidence with
16 the same force and effect as if the original were produced.
17 (b) The board shall maintain an up-to-date roster showing
18 the names and addresses of the places of business of all
19 [architects licensed] licensed architects and certified interior
20 designers under this act, and under prior laws, and licensed or
21 certified by the board, which roster shall be published in
22 booklet form by the board every five years. In the interim years
23 following the publishing of the complete roster, the board shall
24 each year publish a supplemental roster containing the name,
25 license or certification numbers where applicable, and addresses
26 of all [architects licensed] licensed architects and certified
27 interior designers by the board subsequent to the publishing of
28 the last published roster or supplemental roster.
29 (c) The board shall maintain records relating to all
30 [architects licensed] licensed architects and certified interior
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 1 designers in the Commonwealth of Pennsylvania. Such records
2 shall include all information directly related to the practice
3 of architecture and the provision of interior design services by
4 certified interior designers as defined herein.
5 (d) Annually at the end of its fiscal year, the board shall
6 submit to the Commissioner of Professional and Occupational
7 Affairs a report of its activities and transactions of the
8 preceding year. The board shall also submit to the Commissioner
9 of Professional and Occupational Affairs and to the House and
10 Senate Appropriations Committees, 15 days after the Governor has
11 submitted his budget to the General Assembly, a proposed budget
12 request for its operation for the succeeding fiscal year.
13 (e) The board shall submit annually a report to the
14 Professional Licensure Committee of the House of Representatives
15 and to the Consumer P