43-03 Architects and Landscape Architects - North Dakota Statutes

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CHAPTER 43-03ARCHITECTS AND LANDSCAPE ARCHITECTS43-03-01. Definitions. In this chapter, unless the context otherwise requires:1."Architect" means an individual who is registered as an architect under this chapter.2."Board" means the state board of architecture and landscape architecture.3."Landscape architect" means an individual who is registered as a landscape
architect under this chapter.4."Landscape architecture" does not include the practice of engineering and practice
of professional engineering as defined under section 43-19.1-02.5."Practice of architecture" means rendering or offering to render service to clients
generally, including any one or any combination of the following practices or
professional services: advice, consultation, planning, architectural design, drawings,
and specifications; and general administration of the contract as the owner's
representative during the construction phase in which expert knowledge and skill are
required in connection with the erection, enlargement, or alteration of any building,
or the equipment, or utilities thereof, or the accessories thereto if the safeguarding of
the public health, safety, or welfare is concerned or involved. The term includes the
making of architectural plans and specifications for buildings.6."Practice of landscape architecture" means rendering or offering to render service to
clients generally, including any one or any combination of the following practices or
professional services:advice, consultation, planning, landscape architecturaldesign, drawings, and specifications; and general administration of the contract as
the owner's representative during the construction phase in which expert knowledge
and skill are required in connection with landscape enhancement or landscape
development, including the formulation of graphic or written criteria to govern the
planning or design of land construction projects, production of overall site plans,
landscape grading, and landscape drainage plans, planting plans, irrigation plans,
and construction details if the safeguarding of the public health, safety, or welfare is
concerned or involved.43-03-02. Persons exempt from regulations.1.The architect registration provisions of this chapter do not apply to:a.A person supervising the erection, enlargement, or alteration of a building; orb.A person preparing plans and specifications or designing, planning, or
administering the construction contracts for the construction, alteration,
remodeling, or repair of:(1)A private residence;(2)A building that under applicable building code is not designed for
occupancy by ten or more individuals, does not exceed two stories in
height exclusive of a one-story basement, and is:(a)A garage;(b)A commercial or industrial building;(c)An office building;Page No. 1(d)A preengineered metal building;(e)A building for the marketing, storage, or processing of farm
products;(f)A warehouse; or(g)Rental apartment units;(3)A farm building; or(4)A nonstructural alteration of any nature to any building if the alteration
does not affect the safety of the occupants of the building.2.The landscape architect registration provisions of this chapter do not apply to:a.An architect, a professional engineer, or a land surveyor in the course of
providing professional services for which otherwise licensed or registered;b.A nursery worker, gardener, landscape designer, or landscape contractor in the
course of preparing planting plans or installing plant material, to the extent
these activities do not impact the public health, safety, or welfare;c.An individual in the course of planning or otherwise caring for that individual's
property; ord.An irrigation designer, contractor, or service provider in the course of preparing
irrigation plans or installing, repairing, or maintaining irrigation systems.3.This chapter does not:a.Apply to an officer or employee of the United States government while engaged
in governmental work in this state;b.Curtail or extend the right of any other profession regulated in this state;c.Prevent the independent employment of a registered professional engineer for
any professional service related solely to civil, structural, mechanical, or
electrical engineering in connection with any building or building project; ord.Supersede, override, or amend the provisions of chapter 43-19.1 regarding
registration of professional engineers and land surveyors.43-03-03. State board of architecture and landscape architecture - Members - Termof office - How vacancies filled. The state board of architecture and landscape architecture
consists of three members appointed by the governor for terms of six years each with their terms
of office so arranged that one term and only one expires on March fourteenth of each
odd-numbered year. Each member of the board shall qualify by taking the oath of office required
of civil officers and shall hold office until that member's successor is appointed and qualified, and
any vacancy occurring in the board must be filled by the governor for the unexpired term.43-03-04.Qualifications of members of board - Removal of members.Eachmember of the board must be a resident of this state who is an architect who has been a resident
of and in active practice in this state as an architect for not less than five years before
appointment. The governor may remove any member of the board for inefficiency or neglect of
duty.43-03-05. Meetings of board - Officers elected.Page No. 21.The board shall hold regular meetings at least once each year, with the date and
location set by the board. The board may meet as designated by a majority of the
board.The board shall select from among its members a president and asecretary-treasurer.2.The board may:a.Administer an oath;b.Take an affidavit;c.Summon a witness;d.Take testimony as to matters coming within the scope of the board's duties;e.Enter an interstate or intrastate agreement or association with other boards of
licensure for the purpose of establishing reciprocity, developing examinations,
evaluating applicants, or other activities to enhance the services of the board to
the state, the registrant, or the public; andf.Appoint or contract an executive director and any other individual the board
determines is necessary to administer the affairs of the board.3.The board shall:a.Adopt a seal to be affixed to each certificate of registration issued by the board;b.Issue certificates of registration to qualified applicants; andc.Adopt rules in accordance with chapter 28-32.4.The secretary-treasurer shall keep a record of the proceedings of the board.43-03-06. Salary of executive director - Expenses of board.1.If the board appoints or contracts an executive director, the executive director is
entitled to receive such salary as fixed by a resolution of the board adopted at a
regular meeting, and is entitled to receive reimbursement for travel, lodging, and
other expenses as are incurred legitimately in the performance of the executive
director's official duties.2.Each member of the board is entitled to receive a per diem of seventy-five dollars for
each day or portion of a day spent in the discharge of the member's duties, such
mileage as is provided for by section 54-06-09, and is entitled to reimbursement for
the member's actual and necessary expenses incurred in the discharge of the
member's official duties.3.The expenses of the board at no time may exceed the amount of moneys received
and on deposit to the credit of the board under the provisions of this chapter.43-03-07.Deposit of fees - Separate fund - Vouchers.Repealed by S.L. 1971,ch. 510,