43-03 Architects and Landscape Architects
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<![CDATA[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<br>architect under this chapter.4."Landscape architecture" does not include the practice of engineering and practice<br>of professional engineering as defined under section 43-19.1-02.5."Practice of architecture" means rendering or offering to render service to clients<br>generally, including any one or any combination of the following practices or<br>professional services: advice, consultation, planning, architectural design, drawings,<br>and specifications; and general administration of the contract as the owner's<br>representative during the construction phase in which expert knowledge and skill are<br>required in connection with the erection, enlargement, or alteration of any building,<br>or the equipment, or utilities thereof, or the accessories thereto if the safeguarding of<br>the public health, safety, or welfare is concerned or involved. The term includes the<br>making of architectural plans and specifications for buildings.6."Practice of landscape architecture" means rendering or offering to render service to<br>clients generally, including any one or any combination of the following practices or<br>professional services:advice, consultation, planning, landscape architecturaldesign, drawings, and specifications; and general administration of the contract as<br>the owner's representative during the construction phase in which expert knowledge<br>and skill are required in connection with landscape enhancement or landscape<br>development, including the formulation of graphic or written criteria to govern the<br>planning or design of land construction projects, production of overall site plans,<br>landscape grading, and landscape drainage plans, planting plans, irrigation plans,<br>and construction details if the safeguarding of the public health, safety, or welfare is<br>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<br>administering the construction contracts for the construction, alteration,<br>remodeling, or repair of:(1)A private residence;(2)A building that under applicable building code is not designed for<br>occupancy by ten or more individuals, does not exceed two stories in<br>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<br>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<br>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<br>providing professional services for which otherwise licensed or registered;b.A nursery worker, gardener, landscape designer, or landscape contractor in the<br>course of preparing planting plans or installing plant material, to the extent<br>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<br>property; ord.An irrigation designer, contractor, or service provider in the course of preparing<br>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<br>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<br>any professional service related solely to civil, structural, mechanical, or<br>electrical engineering in connection with any building or building project; ord.Supersede, override, or amend the provisions of chapter 43-19.1 regarding<br>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<br>consists of three members appointed by the governor for terms of six years each with their terms<br>of office so arranged that one term and only one expires on March fourteenth of each<br>odd-numbered year. Each member of the board shall qualify by taking the oath of office required<br>of civil officers and shall hold office until that member's successor is appointed and qualified, and<br>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<br>of and in active practice in this state as an architect for not less than five years before<br>appointment. The governor may remove any member of the board for inefficiency or neglect of<br>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<br>location set by the board. The board may meet as designated by a majority of the<br>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<br>licensure for the purpose of establishing reciprocity, developing examinations,<br>evaluating applicants, or other activities to enhance the services of the board to<br>the state, the registrant, or the public; andf.Appoint or contract an executive director and any other individual the board<br>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<br>entitled to receive such salary as fixed by a resolution of the board adopted at a<br>regular meeting, and is entitled to receive reimbursement for travel, lodging, and<br>other expenses as are incurred legitimately in the performance of the executive<br>director's official duties.2.Each member of the board is entitled to receive a per diem of seventy-five dollars for<br>each day or portion of a day spent in the discharge of the member's duties, such<br>mileage as is provided for by section 54-06-09, and is entitled to reimbursement for<br>the member's actual and necessary expenses incurred in the discharge of the<br>member's official duties.3.The expenses of the board at no time may exceed the amount of moneys received<br>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, </p>
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