NYS Education Law
ARCHITECTURE
Section 7300. Introduction.
7301.
7302. Practice of architecture and use of title "architect".
7303. State board for architecture.
7304. Requirements for a professional license.
7305. Limited permits.
7306. Exempt persons.
7307. Special provisions.
7308. Mandatory continuing education for architects.
S 7300. Introduction. This article applies to the profession of
architecture. The general provisions for all professions contained in
article one hundred thirty of this title apply to this article.
S 7301. The practice of the profession of architecture is defined as
rendering or offering to render services which require the application
of the art, science, and aesthetics of design and construction of
buildings, groups of buildings, including their components and
appurtenances and the spaces around them wherein the safeguarding of
life, health, property, and public welfare is concerned. Such services
include, but are not limited to consultation, evaluation, planning, the
provision of preliminary studies, designs, construction documents,
construction management, and the administration of construction
contracts.
S 7302. Practice of architecture and use of title "architect". Only a
person licensed or otherwise authorized to practice under this article
shall practice architecture or use the title "architect".
S 7303. State board for architecture. A state board for architecture
shall be appointed by the board of regents on recommendation of the
commissioner for the purpose of assisting the board of regents and the
department on matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of this title. The
board shall be composed of not less than seven architects licensed in
this state. An executive secretary to the board shall be appointed by
the board of regents on recommendation of the commissioner and shall be
an architect licensed in this state.
S 7304. Requirements for a professional license. 1. To qualify for a
license as an architect, an applicant shall fulfill the following
requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, including a bachelor`s or
higher degree in architecture, in accordance with the commissioner`s
regulations;
(3) Experience: have experience satisfactory to the board in
appropriate architectural work and of sufficient amount so that the
combined college study and experience total eight years;
(4) Examination: pass an examination satisfactory to the board and in
accordance with the commissioner`s regulations;
(5) Age: be at least twenty-one years of age;
(6) Citizenship: meet no requirement as to United States citizenship;
(7) Character: be of good moral character as determined by the
department; and
(8) Fees: pay a fee of three hundred forty-five dollars to the
department for admission to a department conducted examination and for
an initial license, a fee of one hundred seventy dollars for each
reexamination, a fee of one hundred thirty-five dollars for an initial
license for persons not requiring admission to a department conducted
examination, and a fee of two hundred ten dollars for each triennial
registration period. The fee for a department conducted examination may
be prorated for candidates taking parts of the examination.
2. In lieu of degree and experience requirements specified in
subparagraphs (2) and (3) of subdivision one of this section, twelve
years of practical experience in architectural work of a grade and
character satisfactory to the board may be accepted by the department,
provided that each complete year of college study satisfactory to the
department may at the discretion of the board be accepted in lieu of two
years of experience but not to exceed nine years toward the required
total of twelve years.
3. In lieu of degree, experience and examination requirements
specified in subparagraphs (2), (3) and (4) of subdivision one of this
section, ten years of lawful practice of architecture outside the state
satisfactory to the board may be accepted by the department upon the
passing of a practical examination satisfactory to the board.
4. In lieu of degree, experience and examination requirements
specified in subparagraphs (2), (3) and (4) of subdivision one of this
section, a certificate of qualification issued by the national council
of architectural registration boards on the basis of the fulfillment of
requirments satisfactory to the board may be accepted by the department,
provided further that the board shall be authorized to prepare and
conduct examinations leading to certification of applicants by the
national council of architectural registration boards.
S 7305. Limited permits. 1. On recommendation of the board, the
department may issue a limited permit to practice architecture to an
architect not a resident of this state and having no established
business in this state who is legally qualified to practice as such in
his own country or state and who submits evidence satisfactory to the
board of established and recognized professional standing in his own
country or state and who submits satisfactory certifications as to
character and qualifications. Such limited permit shall entitle the
holder to practice architecture in this state but only in connection
with the specific project for which it is granted.
2. Fees. The fee for each limited permit shall be one hundred five
dollars.
S 7306. Exempt persons. 1. This article shall not be construed to
affect or prevent:
a. The preparation of details and shop drawings by persons, other than
architects, for use in connection with the execution of their work;
b. Employees of those lawfully practicing as architects under the
provisions of this article from acting under the instruction, control or
supervision of their employers;
c. Builders, or superintendents employed by such builders, from
supervising the construction or structural alteration of buildings or
structures; or
d. A holder of a valid certificate of the national council of
architectural registration boards, not licensed in this state, from
coming into the state for interview, but not to perform any
architectural services or enter into any contract until such time as he
is licensed as an architect in this state.
e. The practice of engineering or land surveying by an engineer or
land surveyor licensed in this state, or the practice of landscape
architecture by a landscape architect licensed in this state, provided
that no such engineer, land surveyor or landscape architect shall use
the designation "architect," or "architectural" or "architecture" unless
licensed as an architect in this state.
f. Employment of any person as a junior or assistant architect by the
City of New York in a position the title of which was approved and in
use as of July first, nineteen hundred seventy-one, provided such person
acts under the general direction of a licensed architect.
g. Contractors or builders from engaging in construction management
and administration of construction contracts.
S 7307. Special provisions. 1. Every architect shall have a seal,
approved by the board, which shall contain the name of the architect and
either the words "Registered Architect" and such other words or figures
as the board may deem necessary. All working drawings and
specifications, prepared by such architect or by a full-time or
part-time subordinate employed under his supervision, shall be stamped
with such seal and shall also be signed on the original with the
personal signature of such architect when filed with public officials.
Except for plans and specifications excluded from the provisions of this
article by section seventy-three hundred six of this article, no
official of this state, or of any county, city, town or village therein,
charged with the enforcement of laws, ordinances or regulations relating
to the construction or alteration of buildings or structures, shall
accept or approve any plans or specifications that are not stamped:
a. With the seal of an architect or professional engineer registered
in this state and bearing the authorized facsimile of the signature of
such architect or professional engineer; or
b. With the official seal and authorized facsimile of the signature of
an architect or professional engineer not a resident of this state and
having no established business in this state, but who is legally
qualified to practice as such in his own state or country, provided that
such person holds a limited permit issued by the department, and
provided further that the plans or specifications are accompanied by and
have attached thereto written authorization issued by the department for
the specific project.
2. Engineers, land surveyors, architects and landscape architects may
join in the formation of a joint enterprise, or a partnership or a
professional service corporation or may form any desired combination of
such professions and may use in the name of such corporation the title
of any of the professions which will be practiced. After the name of
each member his profession shall be indicated.
3. A firm name may be continued by employees having at least fifteen
years of continuous service if the retired members and legal
representatives of deceased members consent to such continuance.
4. It shall be lawful for a corporation organized and existing under
the laws of the state of New York, and which on or before the twelfth
day of April nineteen hundred twenty-nine and continuously thereafter
was lawfully practicing in New York state to continue such practice,
provided that the chief executive officer of such corporation in the
state of New York shall be an architect licensed under this article, and
provided further that the construction of buildings and structures shall
be under the personal supervision of such architect and that drawings,
plans, and specifications shall be prepared under the personal direction
and supervision of such architect and bear the stamp of his official
seal, and the drawings or specifications shall also be signed on the
original, with the personal signature of such architect. No such
corporation shall be permitted to change its name and continue to
practice architecture, except upon the written approval of the
department.
5. This article shall not apply to: 1. Farm buildings, including
barns, sheds, poultry houses and other buildings used directly and
solely for agricultural purposes; nor to residence buildings of gross
area of fifteen hundred square feet or less, not including garages,
carports, porches, cellars, or uninhabitable basements or attics; or
2. Alterations, costing ten thousand dollars or less, to any building
or structure within the city of New York and twenty thousand dollars or
less, to any building or structure outside the city of New York which do
not involve changes affecting the structural safety or public safety
thereof.
S 7308. Mandatory continuing education for architects. 1. (a) Each
licensed architect required under this article to register triennially
with the department to practice in the state shall comply with
provisions of the mandatory continuing education requirements prescribed
in subdivision two of this section except as set forth in paragraphs (b)
and (c) of this subdivision. Architects who do not satisfy the mandatory
continuing education requirements shall not practice until they have met
such requirements, and have been issued a registration certificate,
except that an architect may practice without having met such
requirements if he or she is issued a conditional registration
certificate pursuant to subdivision three of this section.
(b) Architects shall be exempt from the mandatory continuing education
requirement for the triennial registration period during which they are
first licensed. In accord with the intent of this section, adjustment to
the mandatory continuing education requirement may be granted by the
department for reasons of health certified by an appropriate health care
professional, for extended active duty with the armed forces of the
United States, or for other good cause acceptable to the department
which may prevent compliance.
(c) A licensed architect not engaged in practice as determined by the
department, shall be exempt from the mandatory continuing education
requirement upon the filing of a statement with the department declaring
such status. Any licensee who returns to the practice of architecture
during the triennial registration period shall notify the department
prior to reentering the profession and shall meet such mandatory
education requirements as shall be prescribed by regulations of the
commissioner.
2. During each triennial registration period an applicant for
registration shall complete a minimum of thirty-six hours of acceptable
formal continuing education, as specified in subdivision four of this
section, provided that no more than twelve hours of such continuing
education shall consist of self-study courses, and, a minimum of
twenty-four hours of such continuing education shall consist of courses
in the areas of health, safety and welfare. Any architect whose first
registration date following the effective date of this section occurs
less than three years from such effective date, but on or after January
first, two thousand one, shall complete continuing education hours on a
prorated basis at the rate of one hour per month for the period
beginning January first, two thousand up to the first registration date
thereafter. A licensee who has not satisfied the mandatory continuing
education requirements shall not be issued a triennial registration
certificate by the department and shall not practice unless and until a
conditional registration certificate is issued as provided for in
subdivision three of this section. With the exception of continuing
education hours taken during the registration period immediately
preceding the effective date of this section, continuing education hours
taken during one triennium may not be transferred to a subsequent
triennium.
3. The department, in its discretion, may issue a conditional
registration to a licensee who fails to meet the continuing education
requirements established in subdivision two of this section but who
agrees to make up any deficiencies and complete any additional education
which the department may require. The fee for such a conditional
registration shall be the same as, and in addition to, the fee for the
triennial registration. The duration of such conditional registration
shall be determined by the department but shall not exceed one year. Any
licensee who is notified of the denial of registration for failure to
submit evidence, satisfactory to the department, of required continuing
education and who practices architecture without such registration, may
be subject to disciplinary proceedings pursuant to section sixty-five
hundred ten of this title.
4. As used in subdivision two of this section, "acceptable formal
continuing education" shall mean formal courses of learning which
contribute to professional practice in architecture and which meet the
standards prescribed by regulations of the commissioner. The department
may, in its discretion and as needed to contribute to the health and
welfare of the public, require the completion of continuing education
courses in specific subjects.
5. Architects shall maintain adequate documentation of completion of
acceptable formal continuing education and shall provide such
documentation at the request of the department.
6. The mandatory continuing education fee shall be forty-five dollars,
shall be payable on or before the first day of each triennial
registration period, and shall be paid in addition to the triennial
registration fee required by section seventy-three hundred four of this
article.
