54-309 DEFINITIONS -- LIMITATION ON APPLICATION. - Idaho Statutes

TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 3

ARCHITECTS

54-309. Definitions -- Limitation on application. (1) Within the meaning and intent of this chapter, the following words shall be defined as follows:

(a) "Architect" means a person who engages in the practice of architecture as herein defined, and is licensed under the provisions of this chapter.

(b) "Building" is an enclosure including improvements related thereto, which has as its principal purpose the adaptation of space for occupancy, or habitation by human beings.

(c) "Practice of architecture" consists of rendering or offering those services hereinafter described, in connection with the design, construction, enlargement, or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; providing preliminary studies; architectural designs, drawings and specifications; technical submissions; and, administration of construction contracts.

(d) "Prototypical building" means any commercial building or space within a commercial building that is intended to be constructed in multiple locations and that in fact has been constructed in multiple locations, and which conveys an owner's intended uniform business program, plan or image.

(e) "Prototypical building documents" means technical submissions for prototypical buildings that:

(i) Are prepared by or under the responsible control of an architect then licensed in any jurisdiction and holding the certification issued by the national council of architectural registration boards;

(ii) Identify such architect together with the architect's license number, jurisdiction or license and national council of registration boards certification number; and

(iii) Are marked "Prototypical Design Documents Not For Construction." Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for local conditions including site conditions and may require additional design as well.

(f) "Responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.

(g) "Technical submissions" involving the practice of architecture, consist of designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.

(2) Nothing contained in this chapter shall be held or construed to have any application to, or to prevent or affect the following:

(a) The practice of engineering or any other profession or trade for which a license is required under any law of this state, or the practice of consultants, officers, and employees of the United States while engaged solely in the practice of architecture for said government.

(b) Draftsmen, students, clerks of work, project representatives, and others working under the supervision of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control, or supervision of their supervisors, or to prevent the employment of clerks of work or inspectors of buildings paid by the owners from acting, if under the control or direction of a licensed architect who has prepared the drawings and specifications for the building.

(c) The rendering of any architectural service required in the erection, enlargement, alteration, or repair of any building, where such building is to be, or is used as a single or multiple family residence not exceeding three (3) units or three (3) stories in height, or as a farm building; or for the purpose of outbuildings or auxiliary buildings in connection with such residential or farm premises.

(d) The rendering of any architectural service required in the erection, enlargement, alteration, or repair of any building which does not involve the public health or safety.

(e) The preparation of shop drawings by persons other than architects for use in connection with the execution of their work; or the preparation of drawings of fixtures, or other appliances or equipment, or for any work necessary to provide for their installation.

(f) Expert consultation rendered to an architect by a consultant, whether licensed or not, employed by the architect to consult, advise, and assist as long as the architect approves, adopts and is responsible for the results of such consultation, advice and assistance.

(g) An intern working under the supervision of a licensed architect, including the use of the title "architectural intern," as may be established and limited by board rule.

(h) The use of the title "architect" by a person previously licensed as an architect in good standing whose license has lapsed based upon retirement, to identify the person's profession but not for the purpose of practicing architecture.

(i) The use of the title "architect" in this state by a person licensed as an architect and in good standing in another jurisdiction, to identify the person's profession in circumstances that would not lead a reasonable person to believe that the person using the title "architect" is offering to perform any of the services within the practice of architecture in this state.