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HB 268: "An Act relating to an exemption for specialty contractors under the laws regulating architects, engineers, land surveyors, and landscape architects."

00 HOUSE BILL NO. 268 01 "An Act relating to an exemption for specialty contractors under the laws regulating 02 architects, engineers, land surveyors, and landscape architects." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.48.331(a) is amended to read: 05 (a) This chapter does not apply to 06 (1) a contractor performing work designed by a professional architect, 07 engineer, or landscape architect or the supervision of the construction of the work as a 08 supervisor or superintendent for a contractor; 09 (2) workers in building trades crafts, earthwork, grounds keeping, or 10 nursery operations, and superintendents, supervisors, or inspectors in the performance 11 of their customary duties; 12 (3) an officer or employee of the United States government practicing 13 architecture, engineering, land surveying, or landscape architecture as required by the 14 person's official capacity;

01 (4) an employee or a subordinate of a person registered under this 02 chapter if the work or service is done under the direct supervision of a person 03 registered under this chapter; 04 (5) associates, consultants, or specialists retained by a registered 05 individual, a partnership of registered individuals, a corporation, a limited liability 06 company, or a limited liability partnership authorized to practice architecture, 07 engineering, land surveying, or landscape architecture under this chapter, in the 08 performance of professional services if responsible charge of the work remains with 09 the individual, the partnership, or a designated representative of the corporation, 10 limited liability company, or limited liability partnership; 11 (6) a person preparing drawings or specifications for 12 (A) a building for the person's own use and occupancy as a 13 single family residence and related site work for that building; 14 (B) farm or ranch buildings and their grounds unless the public 15 health, safety, or welfare is involved; 16 (C) a building that is intended to be used only as a residence by 17 not more than four families and that is not more than two stories high and the 18 grounds of the building; 19 (D) a garage, workshop, or similar building that contains less 20 than 2,000 square feet of floor space to be used for a private noncommercial 21 purpose and the grounds of the building; 22 (7) a specialty contractor licensed under AS 08.18 while [ENGAGED 23 IN THE BUSINESS OF CONSTRUCTION CONTRACTING OR DESIGNING 24 SYSTEMS FOR WORK WITHIN THE SPECIALTY TO BE PERFORMED OR 25 SUPERVISED BY THE SPECIALTY CONTRACTOR, OR A CONTRACTOR] 26 preparing shop or field drawings for work designed by a professional architect, 27 engineer, or landscape architect [THAT THE SPECIALTY CONTRACTOR HAS 28 CONTRACTED TO PERFORM]; 29 (8) a person furnishing drawings, specifications, instruments of 30 service, or other data for alterations or repairs to a building or its grounds that do not 31 change or affect the structural system or the safety of the building, or that do not affect

01 the public health, safety, or welfare; 02 (9) a person who is employed by a postsecondary educational 03 institution to teach engineering, architectural, or landscape architectural courses; in 04 this paragraph, "postsecondary educational institution" has the meaning given in 05 AS 14.48.210; 06 (10) an officer or employee of an individual, firm, partnership, 07 association, utility, corporation, limited liability company, or limited liability 08 partnership, who practices engineering involved in the operation of the employer's 09 business only, and further provided that neither the employee nor the employer offers 10 engineering services to the public; exclusions under this paragraph do not apply to 11 buildings or structures whose primary use is public occupancy; 12 (11) a person while involved in revegetation, restoration, reclamation, 13 rehabilitation, or erosion control for disturbed land; 14 (12) a person while maintaining or directing the placement of plant 15 material; 16 (13) an employee, officer, or agent of a regulatory agency of the state 17 or a municipality when reviewing drawings and specifications for compliance with the 18 building codes of the state or a municipality if the drawings and specifications have 19 been signed and sealed by a professional architect or professional engineer or the 20 preparation of the drawings and specifications is exempt under this section from the 21 requirements of this chapter; in this paragraph, "building codes" includes codes 22 relating to building, mechanical, plumbing, electrical, and fire standards.