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92nd General Assembly

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Public Act 92-0360

HB3204 Enrolled                                LRB9207889ACsb

    AN ACT in relation to the regulation of professions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Illinois Architecture Practice Act of
1989 is amended by changing Sections 5, 6, and 14 as follows:

    (225 ILCS 305/5) (from Ch. 111, par. 1305)
    Sec. 5.  Architect defined; Acts  constituting  practice.
An  architect  is  a  person  who  is qualified by education,
training, experience, and examination, and  who  is  licensed
under the laws of this State, to practice architecture.
    The  practice  of  architecture  within  the  meaning and
intent of this Act includes the  offering  or  furnishing  of
professional  services,  such  as consultation, environmental
analysis,   feasibility   studies,   programming,   planning,
aesthetic  and  structural  design,   technical   submissions
construction    documents    consisting   of   drawings   and
specifications  and   other   documents   required   in   the
construction    process,   administration   of   construction
contracts,   project   representation,    and    construction
management,  in  connection  with  the  construction  of  any
private  or  public  building,  building  structure, building
project, or addition to or alteration or restoration thereof.
(Source: P.A. 86-702.)

    (225 ILCS 305/6) (from Ch. 111, par. 1306)
    Sec. 6.  Technical  submissions  Construction  documents.
All technical submissions construction documents intended for
use  in  construction  in  the  State  of  Illinois  shall be
prepared and administered in  accordance  with  standards  of
reasonable  professional  skill and diligence.  Care shall be
taken to reflect the  requirements  of  State  statutes  and,
where applicable, county and municipal building ordinances in
such  submissions  documents.  In recognition that architects
are licensed for the protection of the public health,  safety
and  welfare,  submissions documents shall be of such quality
and  scope,  and  be  so  administered,  as  to  conform   to
professional standards.
    Technical  submissions  Construction  documents  are  the
designs,  drawings  and  specifications  which  establish the
scope of the architecture to be constructed, the standard  of
quality    for   materials,   workmanship,   equipment,   and
construction systems, and the  studies  and  other  technical
reports  and  calculations  prepared  in  the  course  of the
practice of architecture.
(Source: P.A. 86-702.)

    (225 ILCS 305/14) (from Ch. 111, par. 1314)
    Sec. 14.  Display of license; Seal.  Every  holder  of  a
license  as  a  licensed  architect  shall  display  it  in a
conspicuous place in the principal office of the architect.
    Every licensed architect shall have a reproducible  seal,
or  facsimile,  the  print of which shall contain the name of
the architect, the license number, and  the  words  "Licensed
Architect,  State of Illinois".  The licensed architect shall
affix the signature, current date, date of license expiration
and seal to the first sheet of any bound set or loose  sheets
of  technical  submissions construction documents utilized as
contract documents between the parties  to  the  contract  or
prepared  for  the review and approval of any governmental or
public  authority  having  jurisdiction  by   that   licensed
architect  or  under  that  licensed  architect's responsible
direct supervision  and  control.   The  sheet  of  technical
submissions  construction  documents  in  which  the  seal is
affixed shall indicate those documents or parts  thereof  for
which  the  seal  shall  apply.  The  seal  and  dates may be
electronically  affixed.   The  signature  must  be  in   the
original  handwriting  of the licensee.  Signatures generated
by  computer  shall  not   be   permitted.    All   technical
submissions construction documents issued by any corporation,
partnership,    professional    service    corporation,    or
professional  design  firm as registered under this Act shall
contain the corporate or assumed  business  name  and  design
firm  registration  number,  in  addition  to  any other seal
requirements as set forth in this Section.
    "Responsible control" means that amount of  control  over
and   detailed  professional  knowledge  of  the  content  of
technical  submissions  during  their   preparation   as   is
ordinarily  exercised  by  architects  applying  the required
professional standard of care. Merely reviewing or  reviewing
and  correcting  the  technical  submissions  or  any portion
thereof prepared by those not in the  regular  employment  of
the  office  where  the architect is resident without control
over the content of such work throughout its preparation does
not constitute responsible control.
    An architect licensed under the laws of this jurisdiction
shall not sign and seal technical submissions that  were  not
prepared by or under the responsible control of the architect
except that:
         (1)  the  architect may sign and seal those portions
    of the technical submissions that  were  prepared  by  or
    under  the  responsible  control  of  persons  who hold a
    license under this Act, and who  shall  have  signed  and
    sealed  the  documents,  if the architect has reviewed in
    whole or in part such portions and has either coordinated
    their preparation or integrated  them  into  his  or  her
    work;
         (2)  the architect may sign and seal portions of the
    professional work that are not required by this Act to be
    prepared  by  or  under  the  responsible  control  of an
    architect if the architect has reviewed  and  adopted  in
    whole  or  in  part such portions and has integrated them
    into his or her work; and
         (3)  a   partner   or   corporate   officer   of   a
    professional design firm registered in  Illinois  who  is
    licensed  under  the  architecture licensing laws of this
    State, and who has professional knowledge of the  content
    of   the   technical   submissions   and  intends  to  be
    responsible   for   the   adequacy   of   the   technical
    submissions, may sign and seal technical submissions that
    are prepared by  or  under  the  responsible  control  of
    architects  who are licensed in this State and who are in
    the regular employment of the professional design firm.
    The architect exercising responsible control under  which
the  documents  or  portions  of  the documents were prepared
shall be identified on  the  documents  or  portions  of  the
documents by name and Illinois license number.
    Any  licensed  architect  who  signs  and seals technical
submissions not prepared by that architect but prepared under
the architect's responsible control by persons not  regularly
employed  in the office where the architect is resident shall
maintain and make available to the board upon request for  at
least  5  years  following such signing and sealing, adequate
and complete records demonstrating the nature and  extent  of
the   architect's  control  over  and  detailed  professional
knowledge of  such  technical  submissions  throughout  their
preparation.
    "Direct supervision and control" means that the architect
has  exerted  sufficient  personal  supervision, control, and
review  of  the  activities  of  those  employed  to  perform
architectural work to ensure that the construction  documents
produced  by  those  so  employed and sealed by the architect
meet the  standards  of  reasonable  professional  skill  and
diligence  and are of no lesser quality than if they had been
produced personally  by  the  architect.   The  architect  is
obligated  to  have  detailed  professional  knowledge of the
construction  documents  the  architect  seals  and  to  have
exercised professional judgement in all architectural matters
embodied in those construction documents.   Merely  reviewing
the  construction  documents produced by others, even if they
are licensed, does not  constitute  "direct  supervision  and
control"  by  the architect unless the architect has actually
exercised the supervision and control over the preparation of
the construction documents provided for in this Section.
(Source: P.A. 91-133, eff. 1-1-00.)
    Passed in the General Assembly May 22, 2001.
    Approved August 15, 2001.

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