SB 126: "An Act relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to architects, engineers, land surveyors, and landscape architects; and providing for an effective date."
00 SENATE BILL NO. 126 01 "An Act relating to the State Board of Registration for Architects, Engineers, and Land 02 Surveyors; relating to architects, engineers, land surveyors, and landscape architects; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.48.011(c) is amended to read: 06 (c) Notwithstanding (b) of this section, 07 (1) if no [A] mining engineer who qualifies for appointment to the 08 board [AND] is available to serve [INTERESTED IN SERVING] on the board [IS 09 NOT AVAILABLE], the governor may appoint a petroleum or chemical engineer to 10 the seat designated for a mining engineer; 11 (2) if an electrical engineer occupies the seat designated for an 12 electrical or mechanical engineer, the governor may appoint a mechanical 13 engineer to the seat designated for an engineer from another branch of the 14 profession of engineering; or
01 (3) if a mechanical engineer occupies the seat designated for an 02 electrical or mechanical engineer, the governor may appoint an electrical 03 engineer to the seat designated for an engineer from another branch of the 04 profession of engineering. 05 * Sec. 2. AS 08.48.021(c) is amended to read: 06 (c) For purposes of determining appointments and terms under AS 08.01.035, 07 notwithstanding the reference in that section relating to eligibility for reappointment 08 after serving a full or partial term, 09 (1) a member who has served all of two successive terms on the board 10 may not be reappointed to the board unless two [FOUR] years have elapsed since the 11 person last served on the board; and 12 (2) for purposes of (1) of this subsection, a person who serves for two 13 years or more of a four-year term is considered to have served a full term. 14 * Sec. 3. AS 08.48.055(a) is amended to read: 15 (a) The department, in consultation with the board, shall employ two persons 16 who are not members of the board. One shall serve as the executive administrator 17 [SECRETARY] of the board. The other shall serve as investigator for the board. The 18 executive administrator [SECRETARY] is the principal executive officer of the 19 board and is in the partially exempt service under AS 39.25.120. 20 * Sec. 4. AS 08.48.055(b) is amended to read: 21 (b) The executive administrator [SECRETARY] of the board shall perform 22 duties as prescribed by the board, including the review and approval of comity 23 applications. 24 * Sec. 5. AS 08.48.071(f) is amended to read: 25 (f) The department shall assemble statistics relating to the performance of its 26 staff and the performance of the board, including 27 (1) the number of architects, engineers, land surveyors, and landscape 28 architects registered over a five-year period; 29 (2) the rate of passage of examinations required [ADMINISTERED] 30 by the board; 31 (3) the number of applicants [PERSONS MAKING APPLICATION]
01 for registration [AS A PROFESSIONAL ARCHITECT, ENGINEER, LAND 02 SURVEYOR, OR LANDSCAPE ARCHITECT] over a five-year period; 03 (4) an account of registration fees collected under AS 08.01.065; 04 (5) a measure of the correspondence workload of staff [ANY 05 LICENSING EXAMINER EMPLOYED BY THE DEPARTMENT TO CARRY 06 OUT THIS CHAPTER]. 07 * Sec. 6. AS 08.48.091 is amended to read: 08 Sec. 08.48.091. Examinations. Examinations shall be held at least once each 09 year [AT PLACES DETERMINED BY THE BOARD]. A candidate failing an 10 examination may apply for reexamination in accordance with regulations adopted by 11 the board. 12 * Sec. 7. AS 08.48.101(a) is amended to read: 13 (a) The board may adopt regulations and provide policy guidance to 14 accomplish [CARRY OUT] the purpose of this chapter by [, INCLUDING 15 REGULATIONS] 16 (1) describing the contents of an examination; 17 (2) establishing the conduct of an examination; 18 (3) establishing a minimum score for passing an examination; 19 (4) establishing bylaws governing its meetings and activities; 20 (5) publishing a code of ethics or professional conduct for registrants 21 and entities authorized [THOSE PERSONS REGULATED BY THIS CHAPTER, 22 INCLUDING CORPORATIONS, LIMITED LIABILITY COMPANIES, AND 23 LIMITED LIABILITY PARTNERSHIPS] under AS 08.48.241; 24 (6) establishing continuing education requirements for registrants 25 [PERSONS REGULATED BY THIS CHAPTER] that must be completed before a 26 certificate may be renewed; the [CONTINUING EDUCATION] requirements may not 27 exceed standards established by a national accrediting body or other recognized 28 professional organization; 29 (7) establishing the types of work and providing guidance on 30 design of minor importance and other areas of overlapping jurisdiction among 31 regulated professions, branches, and disciplines.
01 * Sec. 8. AS 08.48.111 is amended to read: 02 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 03 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 04 corporation, limited liability company, [OR] limited liability partnership, or limited 05 partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 06 gross negligence, incompetence, or misconduct in the practice of architecture, 07 engineering, land surveying, or landscape architecture; or (3) a violation of this 08 chapter, a regulation adopted under this chapter, or the code of ethics or professional 09 conduct as adopted by the board. The code of ethics or professional conduct shall be 10 distributed in writing to every registrant and applicant for registration under this 11 chapter. This publication and distribution of the code of ethics or professional conduct 12 constitutes due notice to all registrants. The board may revise and amend its code and, 13 upon doing so, shall immediately notify each registrant in writing of the revisions or 14 amendments. The board may, upon petition of the registrant, corporation, limited 15 liability company, [OR] limited liability partnership, or limited partnership, reissue a 16 certificate if a majority of the members of the board vote in favor of the reissuance. 17 * Sec. 9. AS 08.48.121 is amended to read: 18 Sec. 08.48.121. Disciplinary action and procedure. Any person may file with 19 the investigator [SECRETARY] of the board a charge of fraud, deceit, gross 20 negligence, incompetence, misconduct, or violation of this chapter, a regulation 21 adopted under it, or the code of ethics of the board. The charge, constituting an 22 accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and 23 sworn to by the person making it. A charge may be dismissed by the board or the 24 investigator as unfounded or trivial. 25 * Sec. 10. AS 08.48.171 is amended to read: 26 Sec. 08.48.171. General requirements and qualifications for registration. 27 An applicant for registration as an architect, engineer, land surveyor, or landscape 28 architect must be of good character and reputation and shall submit evidence 29 satisfactory to the board of the applicant's education, training, and experience. 30 [HOWEVER, AN APPLICANT FOR REGISTRATION AS A LAND SURVEYOR 31 MAY NOT BE REQUIRED TO SUBMIT EVIDENCE OF MORE THAN EIGHT
01 YEARS OF ANY COMBINATION OF EDUCATION, EXPERIENCE, OR 02 TRAINING.] 03 * Sec. 11. AS 08.48.191(a) is amended to read: 04 (a) A person holding a certificate of registration authorizing the person to 05 practice architecture in a state, territory, or possession of the United States, the District 06 of Columbia, or a foreign country, or holding a certificate of qualification issued by 07 the National Council of Architectural Registration Boards, [THAT, IN THE OPINION 08 OF THE BOARD, MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED 09 ON VERIFIED EVIDENCE,] may, upon application, be registered in accordance with 10 the regulations of the board if the person's certificate was issued under 11 requirements comparable to the requirements in this state. 12 * Sec. 12. AS 08.48.191(b) is amended to read: 13 (b) A person holding a certificate of registration authorizing the person to 14 practice engineering in a state, territory, or possession of the United States, the District 15 of Columbia, or a foreign country [, THAT, IN THE OPINION OF THE BOARD 16 MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON VERIFIED 17 EVIDENCE,] may, upon application, be registered in accordance with regulations of 18 the board if the person's certificate was issued under requirements comparable to 19 the requirements in this state. 20 * Sec. 13. AS 08.48.191(d) is amended to read: 21 (d) A person holding a certificate of registration authorizing the person to 22 practice landscape architecture in a state, territory, or possession of the United States, 23 the District of Columbia, or a foreign country [, THAT IN THE OPINION OF THE 24 BOARD MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON 25 VERIFIED EVIDENCE,] may upon application [,] be registered under the regulations 26 of the board if the person's certificate was issued under requirements comparable 27 to the requirements in this state. A person holding a certificate of qualification 28 issued by the Council of Landscape Architectural Registration Boards may upon 29 application be registered under regulations of the board. 30 * Sec. 14. AS 08.48.201(a) is amended to read: 31 (a) Application for registration as a professional architect, a professional
01 engineer, a professional land surveyor, or a professional landscape architect shall 02 [(1)] be submitted in the manner [ON A FORM] prescribed [AND 03 FURNISHED] by the board [; 04 (2) CONTAIN STATEMENTS MADE UNDER OATH, SHOWING 05 THE APPLICANT'S EDUCATION AND A DETAILED SUMMARY OF THE 06 APPLICANT'S TECHNICAL EXPERIENCE; AND 07 (3) CONTAIN FIVE REFERENCES, THREE OF WHOM MUST BE 08 ARCHITECTS FOR ARCHITECTURAL REGISTRATION, ENGINEERS FOR 09 ENGINEERING REGISTRATION, LAND SURVEYORS FOR LAND 10 SURVEYING REGISTRATION, AND LANDSCAPE ARCHITECTS FOR 11 LANDSCAPE ARCHITECTURAL REGISTRATION, HAVING PERSONAL 12 KNOWLEDGE OF THE APPLICANT'S ARCHITECTURAL, ENGINEERING, 13 LAND SURVEYING, OR LANDSCAPE ARCHITECTURAL EDUCATION, 14 TRAINING, OR EXPERIENCE]. 15 * Sec. 15. AS 08.48.211 is amended to read: 16 Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 17 requirements set out by the board shall be awarded a certificate of registration [AS A 18 PROFESSIONAL ARCHITECT, ENGINEER, LAND SURVEYOR, OR 19 LANDSCAPE ARCHITECT,] authorizing the holder to offer or perform 20 [ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 21 ARCHITECTURAL] services or work for the public, or to certify or sign 22 [ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 23 ARCHITECTURAL] documents. Certificates of registration [ISSUED UNDER THIS 24 SECTION] shall be designed as [INSCRIBED ON THEIR FACE IN A MANNER] 25 determined by the board. 26 (b) The certificate of registration [SEALED BY THE BOARD] is prima facie 27 evidence that the person named in it is entitled to all rights and privileges of a 28 professional architect, professional engineer, professional land surveyor, or 29 professional landscape architect while the certificate remains unrevoked or unexpired. 30 * Sec. 16. AS 08.48.215(a) is amended to read: 31 (a) On retiring from practice and payment of an appropriate one-time fee, [AN
01 INDIVIDUAL WHO IS] a registrant in good standing with the board may apply for 02 the conversion of a certificate of registration to a retired status registration. The 03 registrant [AN INDIVIDUAL HOLDING A RETIRED STATUS REGISTRATION] 04 may not practice architecture, engineering, land surveying, or landscape architecture in 05 the state. A retired status registration is valid for the life of the registration holder and 06 does not require renewal. 07 * Sec. 17. AS 08.48.221 is amended to read: 08 Sec. 08.48.221. Seals. (a) Each registrant may obtain a seal of the design 09 authorized by the board, bearing the registrant's name, registration number, and the 10 [LEGEND "REGISTERED PROFESSIONAL ARCHITECT," "REGISTERED 11 PROFESSIONAL ENGINEER," "REGISTERED PROFESSIONAL LAND 12 SURVEYOR," OR "REGISTERED PROFESSIONAL LANDSCAPE ARCHITECT," 13 AS] appropriate legend for architect, engineer, land surveyor, or landscape 14 architect. When a registrant issues final drawings, specifications, surveys, plats, 15 plates, reports, or similar documents, the registrant shall stamp the documents with the 16 seal and sign the seal. The board shall adopt regulations governing the use of seals by 17 the registrant. An architect, engineer, land surveyor, or landscape architect may not 18 affix or permit a seal and signature to be affixed to an instrument after the expiration 19 of a certificate or for the purpose of aiding or abetting another person to evade or 20 attempt to evade a provision of this chapter. The registrant, by sealing and signing 21 the document [AFFIXING THE REGISTRANT'S SEAL TO FINAL DRAWINGS, 22 SPECIFICATIONS, SURVEYS, PLATS, PLATES, REPORTS, OR SIMILAR 23 DOCUMENTS, AND BY SIGNING THE SEAL], certifies that the document was 24 [DOCUMENTS WERE] prepared by or under the registrant's responsible charge and 25 is [DIRECT SUPERVISION ARE] within the registrant's field of practice, or is 26 [CONSTITUTE] design work of minor importance. 27 (b) Final drawings, specifications, surveys, plats, plates, reports, or similar 28 documents containing the work of multiple fields of practice shall be sealed and 29 signed by a registrant in each field of practice covered by the document. The registrant 30 shall certify on the face of the document the extent of the registrant's responsibility for 31 all work prepared under the registrant's seal. [WHEN CERTIFYING DESIGN WORK
01 OF MINOR IMPORTANCE, THE REGISTRANT SHALL IDENTIFY THAT 02 WORK ON THE DOCUMENT NEAR THE REGISTRANT'S SEAL AND TAKE 03 RESPONSIBILITY FOR ALL WORK PREPARED UNDER THE REGISTRANT'S 04 SEAL.] 05 * Sec. 18. AS 08.48.231(a) is amended to read: 06 (a) To remain valid, certificates shall be renewed in accordance with 07 AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be 08 transmitted [MAILED] to the registrant, corporation, limited liability company, [OR] 09 limited liability partnership, or limited partnership [AT THE REGISTRANT'S, 10 CORPORATION'S, LIMITED LIABILITY COMPANY'S, OR LIMITED 11 LIABILITY PARTNERSHIP'S LAST KNOWN ADDRESS] at least one month in 12 advance of the date of the expiration of the certificate. If the certificate has been 13 suspended or revoked, the board may take action independent of this section. 14 * Sec. 19. AS 08.48.241(a) is amended to read: 15 (a) This chapter does not prevent a corporation, limited liability company, 16 [OR] limited liability partnership, or limited partnership from offering architectural, 17 engineering, land surveying, or landscape architectural services; however, the 18 corporation, limited liability company, [OR] limited liability partnership, or limited 19 partnership shall file with the board 20 (1) an application for a certificate of authorization on [UPON] a form 21 to be prescribed by the board and containing information required to enable the board 22 to determine whether the corporation, limited liability company, [OR] limited liability 23 partnership, or limited partnership is qualified in accordance with the provisions of 24 this chapter to offer to practice architecture, engineering, land surveying, or landscape 25 architecture in this state; 26 (2) a certified copy of a resolution of the board of directors of the 27 corporation, the managing members or manager of the limited liability company, [OR] 28 the general partners of a limited liability partnership, or the general partners of a 29 limited partnership designating persons holding certificates of registration under this 30 chapter as responsible for the practice of architecture, engineering, land surveying, or 31 landscape architecture by the corporation, limited liability company, [OR] limited
01 liability partnership, or limited partnership in this state and providing that full 02 authority to make all final architectural, engineering, land surveying, or landscape 03 architectural decisions on behalf of the corporation, limited liability company, [OR] 04 limited liability partnership, or limited partnership with respect to work performed 05 by the corporation, limited liability company, [OR] limited liability partnership, or 06 limited partnership in this state is granted by the board of directors of the 07 corporation, the managing members or manager of the limited liability company, [OR] 08 the general partners of the limited liability partnership, or the general partners of the 09 limited partnership to the persons designated in the resolution; however, the filing of 10 this resolution does not relieve the corporation, limited liability company, [OR] 11 limited liability partnership, or limited partnership of any responsibility or liability 12 imposed on [UPON] it by law or by contract; 13 (3) a designation in writing setting out the name of one or more 14 persons holding certificates of registration under this chapter who are in responsible 15 charge of each major branch of the architectural, engineering, land surveying, or 16 landscape architectural activities in which the corporation, limited liability company, 17 [OR] limited liability partnership, or limited partnership specializes in this state; if a 18 change is made in the person in responsible charge of a major branch of the 19 architectural, engineering, land surveying, or landscape architectural activities, the 20 change shall be designated in writing and filed with the board within 30 days after the 21 effective date of the change. 22 * Sec. 20. AS 08.48.241(b) is amended to read: 23 (b) Upon filing with the board the application for certificate of authorization, 24 certified copy of resolution, affidavit, and designation of persons specified in this 25 section, the board shall, subject to (c) of this section, issue to the corporation, limited 26 liability company, [OR] limited liability partnership, or limited partnership a 27 certificate of authorization to practice architecture, engineering, land surveying, or 28 landscape architecture in this state upon a determination by the board that 29 (1) the bylaws of the corporation, the articles of organization or 30 operating agreement of the limited liability company, [OR] the partnership agreement 31 of the limited liability partnership, or the partnership agreement of the limited
01 partnership contain provisions that all architectural, engineering, land surveying, or 02 landscape architectural decisions pertaining to architectural, engineering, land 03 surveying, or landscape architectural activities in this state will be made by the 04 specified architect, engineer, land surveyor, or landscape architect in responsible 05 charge, or other registered architects, engineers, land surveyors, or landscape 06 architects under the direction or supervision of the architect, engineer, land surveyor, 07 or landscape architect in responsible charge; 08 (2) the application for certificate of authorization states the type of 09 architecture, engineering, land surveying, or landscape architecture practiced or to be 10 practiced by the corporation, limited liability company, [OR] limited liability 11 partnership, or limited partnership; 12 (3) the applicant corporation, limited liability company, [OR] limited 13 liability partnership, or limited partnership has the ability to provide architectural, 14 engineering, land surveying, or landscape architectural services; 15 (4) the application for certificate of authorization states the 16 professional records of the designated person who is in responsible charge of each 17 major branch of architectural, engineering, land surveying, or landscape architectural 18 activities in which the corporation, limited liability company, [OR] limited liability 19 partnership, or limited partnership specializes; 20 (5) the application for certificate of authorization states the experience, 21 if any, of the corporation, limited liability company, [OR] limited liability partnership, 22 or limited partnership in furnishing architectural, engineering, land surveying, or 23 landscape architectural services during the preceding five-year period; 24 (6) the applicant corporation, limited liability company, [OR] limited 25 liability partnership, or limited partnership meets other requirements related to 26 professional competence in the furnishing of architectural, engineering, land 27 surveying, or landscape architectural services as may be adopted by the board in 28 furtherance of the objectives and provisions of this chapter. 29 * Sec. 21. AS 08.48.241(c) is amended to read: 30 (c) The board may [, IN THE EXERCISE OF ITS DISCRETION,] refuse to 31 issue, or may suspend or revoke a certificate of authorization to a corporation, limited
01 liability company, [OR] limited liability partnership, or limited partnership if the 02 board finds that any of the corporation's officers, directors, or incorporators, any of the 03 stockholders holding a majority of the stock of the corporation, any of the limited 04 liability company's organizers, managers, or managing members, [OR] any of the 05 limited liability partnership's general partners, or any of the limited partnership's 06 general partners has committed misconduct or malpractice, or has been found 07 personally responsible for misconduct or malpractice under the provisions of this 08 chapter. 09 * Sec. 22. AS 08.48.241(d) is amended to read: 10 (d) The certificate of authorization must specify the major branches of 11 architecture, engineering, land surveying, or landscape architecture of which the 12 corporation, limited liability company, [OR] limited liability partnership, or limited 13 partnership has designated a person in responsible charge as provided in this section. 14 The certificate of authorization shall be conspicuously displayed in the place of 15 business of the corporation, limited liability company, [OR] limited liability 16 partnership, or limited partnership, together with the names of persons designated as 17 being in responsible charge of the professional activities. 18 * Sec. 23. AS 08.48.241(e) is amended to read: 19 (e) If a corporation, limited liability company, [OR] limited liability 20 partnership, or limited partnership that is organized solely by either a group of 21 architects, a group of engineers, a group of land surveyors, or a group of landscape 22 architects, each holding a certificate of registration under this chapter, applies for a 23 certificate of authorization, the board may, in its discretion, grant a certificate of 24 authorization to the corporation, limited liability company, [OR] limited liability 25 partnership, or limited partnership based on a review of the professional records of 26 the incorporators of the corporation, organizers of the limited liability company, [OR] 27 partners who formed the limited liability partnership, or partners who formed the 28 limited partnership in place of the required qualifications set out in this section. If 29 the ownership of the corporation is altered, the membership of the limited liability 30 company is altered, [OR] the partners of the limited liability partnership change, or 31 the general partners of the limited partnership change, the corporation, limited
01 liability company, [OR] limited liability partnership, or limited partnership shall 02 apply for a revised certificate of authorization, based on [UPON] the professional 03 records of the owners of the corporation, the members of the limited liability 04 company, [OR] the partners of the limited liability partnership, or the general 05 partners of the limited partnership, if exclusively architects, engineers, land 06 surveyors, or landscape architects, or otherwise under the qualifications required by 07 (b)(1) - (4) of this section. 08 * Sec. 24. AS 08.48.241(f) is amended to read: 09 (f) A corporation, limited liability company, [OR A] limited liability 10 partnership, or limited partnership authorized to offer architectural, engineering, 11 land surveying, or landscape architectural services under this chapter, together with its 12 directors, officers, managing members, manager, and partners for their own individual 13 acts, is responsible to the same degree as the designated individual registrant 14 [REGISTERED ARCHITECT, ENGINEER, LAND SURVEYOR, OR LANDSCAPE 15 ARCHITECT], and shall conduct its business without misconduct or malpractice in 16 the practice of architecture, engineering, land surveying, or landscape architecture as 17 defined in this chapter. 18 * Sec. 25. AS 08.48.241(g) is amended to read: 19 (g) If the board, after a proper hearing, finds that a corporation, limited 20 liability company, [OR] limited liability partnership, or limited partnership holding a 21 certificate of authorization has committed misconduct or malpractice, the board shall 22 suspend or revoke the certificate of authorization. The board shall also suspend or 23 revoke the certificate of registration of any registrant [REGISTERED INDIVIDUAL 24 ARCHITECT, ENGINEER, LAND SURVEYOR, OR LANDSCAPE ARCHITECT] 25 who, after a proper hearing, is found by the board to have participated in committing 26 the misconduct or malpractice. 27 * Sec. 26. AS 08.48.241(h) is amended to read: 28 (h) Drawings, specifications, designs, and reports, when issued in connection 29 with work performed by a corporation, limited liability company, [OR] limited 30 liability partnership, or limited partnership under its certificate of authorization, 31 shall be prepared by or under the responsible charge of and shall be signed by and
01 stamped with the official seal of a person holding a certificate of registration under 02 this chapter. 03 * Sec. 27. AS 08.48.251 is amended to read: 04 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 05 practice of architecture, engineering, land surveying, or landscape architecture by a 06 partnership if all of the members of the partnership are registrants [ARCHITECTS, 07 ENGINEERS, LAND SURVEYORS, OR LANDSCAPE ARCHITECTS LEGALLY 08 REGISTERED] under this chapter. In this section, "partnership" does not include a 09 limited liability partnership or a limited partnership. 10 * Sec. 28. AS 08.48.281(a) is amended to read: 11 (a) A person may not practice or offer to practice the profession of 12 architecture, engineering, land surveying, or landscape architecture in the state, or use 13 in connection with the person's name or otherwise assume or advertise a title or 14 description tending to convey the impression that the person is an architect, an 15 engineer, a land surveyor, or a landscape architect, unless the person has been 16 registered under the provisions of this chapter [OR IS A PERSON TO WHOM 17 THESE PROVISIONS DO NOT APPLY,] or, in the case of a corporation, limited 18 liability company, [OR] limited liability partnership, or limited partnership, unless it 19 has been authorized under this chapter. 20 * Sec. 29. AS 08.48.331(a) is amended to read: 21 (a) This chapter does not apply to 22 (1) a contractor performing work designed by a professional architect, 23 engineer, or landscape architect or the supervision of the construction of the work as a 24 supervisor or superintendent for a contractor; 25 (2) workers in building trades crafts, earthwork, grounds keeping, or 26 nursery operations, and superintendents, supervisors, or inspectors in the performance 27 of their customary duties; 28 (3) an officer or employee of the United States government practicing 29 architecture, engineering, land surveying, or landscape architecture as required by the 30 person's official capacity; 31 (4) an employee or a subordinate of a registrant [PERSON
01 REGISTERED UNDER THIS CHAPTER] if the work or service is done under the 02 direct supervision of a registrant [PERSON REGISTERED UNDER THIS 03 CHAPTER]; 04 (5) associates, consultants, or specialists retained by a registrant 05 [REGISTERED INDIVIDUAL], a partnership of registered individuals, a corporation, 06 a limited liability company, [OR] a limited liability partnership, or a limited 07 partnership authorized to practice architecture, engineering, land surveying, or 08 landscape architecture under this chapter, in the performance of professional services 09 if responsible charge of the work remains with the registrant [INDIVIDUAL], the 10 partnership, or a designated representative of the corporation, limited liability 11 company, [OR] limited liability partnership, or limited partnership; 12 (6) a person preparing drawings or specifications for 13 (A) a building for the person's own use and occupancy as a 14 single family residence and related site work for that building; 15 (B) farm or ranch buildings and their grounds unless the public 16 health, safety, or welfare is involved; 17 (C) a building that is intended to be used only as a residence by 18 not more than 19 (i) four families and that is not more than two stories 20 high and the grounds of the building; or 21 (ii) two families and that is not more than three stories 22 high and the grounds of the building, if the building is located in a 23 municipality that has adopted a building or residential code that applies 24 to the building and if the building complies with the building or 25 residential code; 26 (D) a garage, workshop, or similar building that contains less 27 than 2,000 square feet of floor space to be used for a private noncommercial 28 purpose and the grounds of the building; 29 (7) a specialty contractor licensed under AS 08.18 while engaged in 30 the business of construction contracting for work designed by an architect, engineer, 31 or landscape architect that is within the specialty to be performed or supervised by the
01 specialty contractor, or a contractor preparing shop or field drawings for work that the 02 specialty contractor has contracted to perform; 03 (8) a person furnishing drawings, specifications, instruments of 04 service, or other data for alterations or repairs to a building or its grounds that do not 05 change or affect the structural system or the safety of the building, or that do not affect 06 the public health, safety, or welfare; 07 (9) a person who is employed by a postsecondary educational 08 institution to teach engineering, architectural, or landscape architectural courses; in 09 this paragraph, "postsecondary educational institution" has the meaning given in 10 AS 14.48.210; 11 (10) an officer or employee of an individual, firm, partnership, 12 association, utility, corporation, limited liability company, [OR] limited liability 13 partnership, or limited partnership, who practices engineering, architecture, land 14 surveying, or landscape architecture involved in the operation of the employer's 15 business only, and further if [PROVIDED THAT] neither the employee nor the 16 employer offers engineering, architecture, land surveying, or landscape architecture 17 services to the public; exclusions under this paragraph do not apply to buildings or 18 structures whose primary use is public occupancy; 19 (11) a person while involved in revegetation, restoration, reclamation, 20 rehabilitation, or erosion control for disturbed land that the board determines does not 21 affect the public health, safety, or welfare; 22 (12) a person while maintaining or directing the placement of plant 23 material that the board determines does not affect the public health, safety, or welfare; 24 (13) an employee, officer, or agent of a regulatory agency of the state 25 or a municipality when reviewing drawings and specifications for compliance with the 26 building codes of the state or a municipality if the drawings and specifications have 27 been sealed and signed by an architect, engineer, land surveyor, or landscape architect 28 or the preparation of the drawings and specifications is exempt under this section from 29 the requirements of this chapter; in this paragraph, "building codes" includes codes 30 relating to building, mechanical, plumbing, electrical, fire safety standards, and 31 zoning;
01 (14) a person who is designing fire protection [DETECTION OR 02 SUPPRESSION] systems and is authorized by the Department of Public Safety to 03 design fire protection [DETECTION OR SUPPRESSION] systems. 04 * Sec. 30. AS 08.48.341(4) is amended to read: 05 (4) "certificate of authorization" means a certificate issued by the 06 board authorizing a corporation, a limited liability company, [OR] a limited liability 07 partnership, or limited partnership to provide professional services in architecture, 08 engineering, land surveying, or landscape architecture through individuals legally 09 registered by the board; 10 * Sec. 31. AS 08.48.341(7) is amended to read: 11 (7) "design of minor importance" means work [A DESIGN] that is 12 incidental to the discipline of a registrant and is within the experience [DISCIPLINE] 13 of the registrant, but does not include comprehensive design services of any particular 14 building type, structure, building system, engineering system, or site development; 15 * Sec. 32. AS 08.48.341(16) is amended to read: 16 (16) "practice of landscape architecture" means professional services 17 or creative work in the design of landscape, the adequate performance of which 18 requires the specialized knowledge of applied mathematics and physical and 19 social sciences; consulting on, evaluating, planning, and designing public and 20 private landscape architecture projects; the teaching of advanced landscape 21 architectural courses in institutions of higher learning; consultation and the 22 direction or performance of preparing, filing, and administering related plans, 23 drawings, specifications, permits, and other contract documents involving 24 projects that direct, inform, or advise on the functional use and preservation of 25 natural and built environments; the review of drawings and specifications by 26 regulatory agencies; and minor architectural and engineering design work as 27 authorized by the board under AS 08.48.101(a)(7); [SITE INVESTIGATION, 28 RECONNAISSANCE, RESEARCH, PLANNING, DESIGN, AND PREPARATION 29 SERVICES RELATED TO DRAWINGS AND CONSTRUCTION DOCUMENTS, 30 OBSERVATION OF CONSTRUCTION, AND LOCATION, ARRANGEMENT, 31 AND DESIGN OF INCIDENTAL AND NECESSARY TANGIBLE OBJECTS AND
01 FEATURES FOR THE PURPOSE OF 02 (A) PRESERVATION AND ENHANCEMENT OF LAND 03 USES AND NATURAL LAND FEATURES; 04 (B) LOCATION AND CONSTRUCTION OF 05 AESTHETICALLY PLEASING AND FUNCTIONAL APPROACHES FOR 06 STRUCTURES, ROADWAYS, AND WALKWAYS; 07 (C) ESTABLISHING OR MAINTAINING TRAILS, 08 PLANTINGS, LANDSCAPE IRRIGATION, LANDSCAPE LIGHTING, 09 AND LANDSCAPE GRADING; OR 10 (D) GENERALIZED PLANNING OF THE DEVELOPMENT 11 OF LAND AREAS IN A MANNER THAT IS SENSITIVE TO THE AREA'S 12 NATURAL AND CULTURAL RESOURCES]; 13 * Sec. 33. AS 08.48.341(17) is amended to read: 14 (17) "professional architect" means a person [WHO HAS BEEN 15 LEGALLY] registered as a professional architect by the board; 16 * Sec. 34. AS 08.48.341(18) is amended to read: 17 (18) "professional engineer" means a person [WHO HAS BEEN 18 LEGALLY] registered as a professional engineer by the board; 19 * Sec. 35. AS 08.48.341(19) is amended to read: 20 (19) "professional land surveyor" means a person [WHO HAS BEEN 21 LEGALLY] registered as a professional land surveyor by the board; 22 * Sec. 36. AS 08.48.341(22) is amended to read: 23 (22) "shop drawing" or "field drawing" means a drawing prepared by a 24 contractor, subcontractor, or vendor that shows how a particular aspect of the work is 25 to be fabricated and installed and demonstrates how an aspect of the work will satisfy 26 the requirements of the construction document [, BUT DOES NOT INCLUDE A 27 FINAL DRAWING, SPECIFICATION, SURVEY, PLAT, PLATE, REPORT, OR 28 OTHER SIMILAR DOCUMENT]; 29 * Sec. 37. AS 08.48.341 is amended by adding new paragraphs to read: 30 (24) "fire protection system" means a fire alarm device or system or 31 fire-extinguishing device or system, or combination of both, that is designed and
01 installed for detecting, controlling, or extinguishing a fire or otherwise alerting an 02 occupant or the fire department, or both, that a fire has occurred; 03 (25) "limited partnership" has the meaning given in AS 32.11.900; 04 (26) "registrant" means a person registered by the board as a 05 professional architect, engineer, land surveyor, or landscape architect. 06 * Sec. 38. AS 08.48.061 is repealed. 07 * Sec. 39. This Act takes effect immediately under AS 01.10.070(c).