82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session

Senate Bill 224

Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Kate Brown for State Board of Architect Examiners)

SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.

Updates and modernizes statutes that regulate practice of architecture in this state to conform
with actual current practice of architecture.

1 A BILL FOR AN ACT

2 Relating to the regulation of the practice of architecture in this state; creating new provisions;
3 amending ORS 455.062, 455.628, 671.010, 671.020, 671.025, 671.030, 671.041, 671.045, 671.047,
4 671.050, 671.065, 671.080, 671.085, 671.090, 671.100, 671.120, 671.125, 671.220 and 671.990; repealing
5 ORS 671.060 and 671.105; and prescribing an effective date.
6 Be It Enacted by the People of the State of Oregon:
7 SECTION 1. ORS 671.010 is amended to read:
8 671.010. As used in ORS 671.010 to 671.220[, unless the context requires otherwise]:
9 [(1) “Architect” means an individual qualified and registered to practice architecture under ORS
10 671.010 to 671.220, a consulting architect or a foreign architect.]
11 [(2) “Board” means the State Board of Architect Examiners.]
12 [(3) “Building” means any structure consisting of foundations, floors, walls and roof, having
13 footings, columns, posts, girders, beams, joists, rafters, bearing partitions, or a combination of any
14 number of these parts, with or without other parts or appurtenances thereto.]
15 [(4) “Consulting architect” means a person who is licensed or registered by a jurisdiction in the
16 United States or Canada to use the title of “Architect” and engage in the unlimited practice of archi-
17 tecture and who is not subject to practice restrictions as the result of disciplinary action by any ar-
18 chitect licensing or registration board.]
19 [(5) “Firm” means a corporation, limited liability company or partnership operating under a cor-
20 porate or assumed business name and engaging in the provision of architectural services.]
21 [(6) “Foreign architect” means a person who is licensed or registered by a country other than the
22 United States or Canada to use the title of “Architect” and engage in the unlimited practice of archi-
23 tecture and who is not subject to practice restrictions as a result of disciplinary action by the architect
24 licensing or registration board issuing the license or registration.]
25 [(7) “Practice of architecture” means the planning, designing or observing of the erection, enlarge-
26 ment or alteration of any building or of any appurtenance thereto other than exempted buildings.]
27 [(8) “Registered professional engineer” has the meaning given that term in ORS 672.002.]
28 (1) “Architect” means a registered architect or a foreign architect.
29 (2) “Architectural firm” means a business entity that, for compensation, provides the
30 services of an architect or engages in the practice of architecture.

NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.

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1 (3) “Building” means a structure that has the purpose of supporting or sheltering any
2 use or occupancy.
3 (4) “Business entity” means a partnership, limited partnership, corporation, professional
4 corporation, limited liability company, business trust, joint venture or other form of business
5 organization the constituent parts of which share a common economic interest.
6 (5) “Construction phase services” means services an architect provides for the purpose
7 of determining that construction work on a building is proceeding generally in accordance
8 with requirements set forth in a technical submission.
9 (6) “Foreign architect” means a person that has a valid license or registration from a
10 jurisdiction other than this state that authorizes the person to engage in the practice of
11 architecture within the jurisdiction that issued the license or registration.
12 (7) “Foreign architectural firm” means a business entity that has a valid license or reg-
13 istration from a jurisdiction other than this state that authorizes the business entity to en-
14 gage in the practice of architecture within the jurisdiction that issued the license or
15 registration.
16 (8) “Practice of architecture” means engaging in the art and science of designing, in
17 whole or in part, buildings and the space within and appurtenant to buildings and providing
18 related services that include, but are not limited to, planning, developing design concepts,
19 preparing technical submissions and other documents that define a building’s form and
20 function, coordinating construction work and the work of other consultants and providing
21 construction phase services.
22 (9) “Registered architect” means an individual who has a valid certificate of registration
23 issued by the State Board of Architect Examiners under ORS 671.010 to 671.220 that author-
24 izes the individual to engage in the practice of architecture within this state.
25 (10) “Registered architectural firm” means a business entity that has a valid certificate
26 of registration issued by the State Board of Architect Examiners under ORS 671.010 to
27 671.220 that authorizes the business entity to engage in the practice of architecture within
28 this state.
29 (11) “Responsible control” means a degree of control over an operation that is consistent
30 with the scope of a registered architect’s professional knowledge and the application of a
31 registered architect’s professional standard of care.
32 [(9)] (12) “State building code” has the meaning given that term in ORS 455.010.
33 (13) “Technical submission” means a plan, design, drawing, blueprint or other document
34 that an architect prepares in connection with the practice of architecture and submits to a
35 regulatory authority to comply with the state building code, a municipal building code or
36 related rules, ordinances, resolutions or other regulatory requirements.
37 SECTION 2. ORS 671.020 is amended to read:
38 671.020. [(1) In order to safeguard health, safety and welfare and to eliminate unnecessary loss and
39 waste in this state, a person may not engage in the practice of architecture or assume or use the title
40 of “Architect” or any title, sign, cards or device indicating, or tending to indicate, that the person is
41 practicing architecture or is an architect or represent in any manner that the person is an architect,
42 without first qualifying before the State Board of Architect Examiners and obtaining a certificate of
43 registration as provided by ORS 671.010 to 671.220.]
44 [(2) Notwithstanding subsection (1) of this section, a consulting architect may engage in the practice
45 of architecture if the consulting architect:]

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1 [(a) Is affiliated with an Oregon-registered architect who is in responsible charge of all aspects of
2 the architectural services provided; and]
3 [(b) Uses the designation of “Consulting Architect, in consultation with,” followed by the name of
4 the Oregon-registered architect described in paragraph (a) of this subsection and the name of the ar-
5 chitectural firm.]
6 [(3) Notwithstanding subsection (1) of this section, a foreign architect may engage in the practice
7 of architecture if:]
8 [(a) The foreign architect is affiliated with an Oregon-registered architect who is in responsible
9 charge of all aspects of the architectural services provided;]
10 [(b) The foreign architect uses the designation of “Foreign Architect, in consultation with,” followed
11 by the name of the Oregon-registered architect described in paragraph (a) of this subsection and the
12 name of the architectural firm; and]
13 [(c) The board determines that the jurisdiction in which the foreign architect is licensed or regis-
14 tered has adequate education and training standards. The board, by rule, may recognize agreements
15 between a national certification organization and the foreign jurisdiction as proof of education and
16 training standards.]
17 [(4) A person may not practice or attempt to practice the profession of architecture, or assume the
18 title of “Architect,” “Consulting Architect” or “Foreign Architect,” or use in connection with the busi-
19 ness of the person any words, letters or figures indicating the title of “Architect,” “Consulting
20 Architect” or “Foreign Architect” without first complying with ORS 671.010 to 671.220.]
21 [(5) Every registered architect shall, upon registration, obtain a stamp of the design authorized by
22 the board. All drawings and the title page of all specifications intended for use as construction docu-
23 ments in the practice of architecture must bear the stamp of a registered architect and be signed by the
24 architect. The stamp and signature constitute certification that the architect has exercised the requisite
25 professional judgment about and made the decisions upon all matters embodied within those con-
26 struction documents, that the documents were prepared either by the architect or under the direct con-
27 trol and supervision of the architect and that the architect accepts responsibility for the documents.]
28 [(6) Except as provided in ORS 671.041, an architect registered under ORS 671.010 to 671.220 may
29 pursue the practice of architecture only under the architect’s own name as that name appears in the
30 certificate of registration.]
31 (1) Except as provided in subsection (2) of this section, an individual or business entity
32 that does not have a valid certificate of registration from the State Board of Architect Ex-
33 aminers may not:
34 (a) Engage in the practice of architecture within this state;
35 (b) Assume or use a title, form of address or other designation within this state that
36 indicates or reasonably could be understood to indicate that the individual is an architect or
37 that the individual or business entity engages in the practice of architecture; or
38 (c) State, declare, represent or otherwise purport in any title, sign, card, device, adver-
39 tisement or other indication of the individual’s or the business entity’s business or occupa-
40 tion that the individual is an architect or that the individual or business entity engages in
41 the practice of architecture within this state.
42 (2) An individual who does not have the certificate of registration under subsection (1)
43 of this section may engage in the practice of architecture within this state and use a desig-
44 nation that indicates that the individual is an architect or engages in the practice of archi-
45 tecture if the individual:

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1 (a) Is a foreign architect;

2 (b) Has a written agreement of affiliation with a registered architect or registered ar-
3 chitectural firm under which the registered architect or registered architectural firm has
4 responsible control over all aspects of the architectural services the individual provides; and
5 (c) Uses the designation “foreign architect, in consultation with” followed by the name
6 of a registered architect and the registered architect’s registered architectural firm, if any,
7 on all technical submissions, advertisements or other communications that purport to iden-
8 tify the foreign architect’s profession, occupation or business within this state.
9 (3) Upon receiving a certificate of registration from the board, a registered architect
10 shall obtain a stamp that conforms with a design that the board specifies by rule. The stamp,
11 when accompanied by the registered architect’s signature on any technical submission, con-
12 stitutes the registered architect’s attestation that the registered architect has responsible
13 control over the content of the technical submission. The registered architect is responsible
14 for controlling the custody and use of the stamp.
15 (4) A registered architect may engage in the practice of architecture only under the
16 registered architect’s own name, as that name appears on the certificate of registration,
17 except that the registered architect may practice under the name or assumed business name
18 of a registered architectural firm, as provided in ORS 671.041.
19 SECTION 3. ORS 671.025 is amended to read:
20 671.025. (1) Any person applying for a license or permit required under the laws of this state
21 or under the ordinances of any jurisdiction in this state within which the person proposes to erect,
22 construct, enlarge, alter, repair, move, improve, remove or convert a building shall submit an ori-
23 ginal or reproduction of the [drawings and specifications] technical submissions for the work pro-
24 posed. The [drawings and specifications] technical submissions must:
25 (a) Bear the stamp and signature of a registered architect [or registered professional engineer]
26 if the services of a registered architect [or registered professional engineer] are required under ORS
27 671.010 to 671.220; and
28 (b) Be [drawn to scale with sufficient clarity] sufficiently clear to indicate the nature and extent
29 of the work proposed and that the work proposed conforms with the requirements of ORS 671.010
30 to 671.220, the state building code and any other applicable laws and ordinances.
31 (2) The [drawings and specifications] technical submissions must bear identification that in-
32 cludes, but is not limited to:
33 (a) The project name and location;
34 (b) The name, address and telephone number of the person responsible for [the preparation of the
35 documents] preparing the technical submissions, including technical submissions the person
36 prepared on behalf of another person;
37 (c) The name, address and telephone number of the owner; and
38 (d) The date the documents were issued.
39 (3) Each jurisdiction that requires the issuance of a permit as a condition precedent to the
40 construction, alteration, improvement or repair of any building or structure shall require the sig-
41 nature and [registration] an impression of the stamp described in ORS 671.020 (3) on the
42 [drawings and specifications] technical submissions from a person authorized to prepare the
43 [drawings and specifications] technical submissions.
44 (4) The [registration] registered architect’s stamp and signature on the [drawings and specifi-
45 cations] technical submissions [of the architect or engineer preparing the drawings and

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1 specifications] constitute compliance with this section.

2 [(5) This section does not apply to the issuance of permits if the preparation of the drawings and
3 specifications for the construction, alteration, improvement or repair of a building or structure is ex-
4 empt from the provisions of this section, except that the person preparing the drawings and specifica-
5 tions for others shall be so identified.]
6 (5) An architect shall retain, for a period of not less than 10 years following the com-
7 pletion of the project for which the architect submitted technical submissions, records and
8 documentation that demonstrate the architect’s responsible control over the preparation of
9 the technical submissions.
10 SECTION 4. ORS 671.030 is amended to read:
11 671.030. (1) ORS 671.010 to 671.220 do not apply to the practice of marine, naval or landscape
12 architecture [or of engineering by a registered professional engineer or a person engaged in architec-
13 ture or engineering work as an employee of an architect or registered professional engineer].
14 (2) ORS 671.010 to 671.220 do not prohibit:
15 [(a) Draftsmen, clerks of the work, superintendents and other Employees of registered architects
16 and registered professional engineers from acting under the instructions, control or supervision of their
17 employers. A draftsman, clerk, superintendent or other employee may not use the designation
18 “architect,” “architectural” or “architecture” unless registered under the provisions of ORS 671.010 to
19 671.220, or unless a title containing the designation is provided by rule of the State Board of Architect
20 Examiners.]
21 [(b) A person from making drawings or specifications for, or observing the erection, enlargement
22 or alteration of, a building, or an appurtenance to a building, if the building:]
23 (a) An employee of a registered architect from acting under the registered architect’s
24 instruction, control or supervision. An employee who is not a registered architect may not
25 use the designation “architect,” “registered architect” or “foreign architect” or the words
26 “architecture” or “architectural” to describe the employee’s work unless a rule of the State
27 Board of Architect Examiners provides otherwise.
28 (b) A person that is not an architect from preparing technical submissions or providing
29 construction phase services related to erecting, enlarging or altering a building or an
30 appurtenance to a building if the building or the appurtenance:
31 (A) Is [to be used for] a single family residential dwelling or farm building; [or]
32 (B) Is a structure used in connection with or auxiliary to a single family residential dwelling
33 or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for
34 the housing of domestic animals or livestock[.]; or
35 [(c)] (C) [A person from making drawings or specifications for, or observing the erection, enlarge-
36 ment or alteration of, a building, or an appurtenance to a building, if the building] Has a ground area
37 of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest
38 flooring to the highest interior overhead finish [of the structure].
39 [(d)] (c) A person from planning, designing, specifying or observing the alterations or repairs to
40 a building if:
41 (A) The structural part of the building, including but not limited to the foundation walls, floors,
42 roof, footings, bearing partitions, beams, columns and joists, is not involved;
43 (B) The building code classification by use or occupancy of the building is not changed; and
44 (C) The building code classification by type of construction of the building is not changed.
45 [(e)] (d) A contractor [or duly appointed superintendent or foreman] from directing the work of

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1 erecting, enlarging or altering a building, or an appurtenance to a building, under the observation

2 of a registered architect [or under the supervision of a registered professional engineer].
3 [(f)] (e) A person practicing marine, naval or landscape architecture from purporting to be a
4 marine, naval or landscape architect if the work is confined and limited to those classifications.
5 [(g)] (f) A construction contractor licensed under ORS chapter 701 from offering services con-
6 stituting the practice of architecture if:
7 (A) The construction contractor’s offer discloses in writing that the construction con-
8 tractor is not an architect and identifies the registered architect or registered architectural
9 firm that will provide the architectural services;
10 [(A)] (B) The services are [appurtenant] ancillary to construction services [to be provided by
11 the] the construction contractor will provide; and
12 [(B)] (C) A registered architect or registered architectural firm provides the services con-
13 stituting the practice of architecture. [are performed by an architect registered under ORS 671.010
14 to 671.220 or provided by a firm registered under ORS 671.010 to 671.220; and]
15 [(C) The offer by the construction contractor discloses in writing that the contractor is not an ar-
16 chitect and identifies the registered architect who will perform the services constituting the practice of
17 architecture or the firm that will provide the architectural services.]
18 SECTION 5. ORS 671.041 is amended to read:
19 671.041. [(1) As used in this section, “corporate firm” includes a domestic private corporation, for-
20 eign private corporation, domestic cooperative corporation, foreign cooperative corporation, domestic
21 professional corporation and foreign professional corporation.]
22 [(2) A firm may engage in the provision of architectural services in this state under a corporate
23 or assumed business name if:]
24 [(a) At least two-thirds of the board of directors of a corporate firm, or owners having at least a
25 two-thirds ownership interest in a noncorporate firm, are registered or licensed as architects or as en-
26 gineers in any jurisdiction recognized by rule of the State Board of Architect Examiners or the State
27 Board of Examiners for Engineering and Land Surveying;]
28 [(b) At least one-third of the board of directors of a corporate firm or owners having at least a
29 one-third ownership interest in a noncorporate firm are architects registered or licensed in any juris-
30 diction recognized by rule of the State Board of Architect Examiners;]
31 [(c) All persons in charge of the practice of architecture in this state for the firm are:]
32 [(A) Members of the board of directors or owners of the firm;]
33 [(B) Regularly employed in the office of the firm that directs and has supervisory control of the
34 practice of architecture in this state; and]
35 [(C) Registered as architects under ORS 671.010 to 671.220;]
36 [(d) The corporate or assumed business name does not include the surname of an individual who
37 is not presently or was not previously associated in the practice of architecture or engineering in this
38 state or in any jurisdiction recognized by rule of the State Board of Architect Examiners or the State
39 Board of Examiners for Engineering and Land Surveying with the named entity or with the members
40 or predecessors of the named entity; and]
41 [(e) The corporate or assumed business name identifies the firm as being engaged in the provision
42 of architectural services.]
43 [(3) A firm must register with the State Board of Architect Examiners before the firm may provide
44 architectural services. A firm must file a renewal of the registration as provided by rule of the
45 board.]

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1 [(4) All professional documents issued by the firm that are required by ORS 671.010 to 671.220 to
2 bear the stamp of an architect must bear the stamp of the architect responsible for the preparation of
3 the documents and bear the corporate or assumed business name of the firm.]
4 [(5) Notwithstanding subsections (2) and (3) of this section, a professional corporation that existed
5 on September 29, 1991, may engage in the provision of architectural services if the stockholders owning
6 a majority of the stock of the corporation are registered as architects under ORS 671.010 to 671.220
7 or professional engineers under ORS 672.002 to 672.325.]
8 [(6) In adopting rules required by this section, the State Board of Architect Examiners or the State
9 Board of Examiners for Engineering and Land Surveying shall recognize jurisdictions that enforce
10 requirements for registration or licensing of architects or engineers that are substantially equal to the
11 requirements for registration of architects or engineers in this state.]
12 (1) A business entity may apply to the State Board of Architect Examiners for a certif-
13 icate of registration that authorizes the business entity to engage in the practice of archi-
14 tecture within this state as a registered architectural firm.
15 (2) The board by rule shall specify:
16 (a) The manner in which and the procedures under which a business entity may apply for
17 a certificate of registration under subsection (1) of this section;
18 (b) The form and content of all application materials;
19 (c) The period during which a registration remains valid;
20 (d) Fees to apply for registration and to renew registration;
21 (e) Conditions or qualifications under which the board grants or denies registration; and
22 (f) Any other matter related to registration of a business entity that the board deems
23 necessary to specify.
24 (3) If an applicant under subsection (1) of this section meets the qualifications and con-
25 ditions the board establishes for registration, the board shall issue a certificate of registra-
26 tion to the applicant. A registered architectural firm shall display a copy of the certificate
27 of registration at each of the registered architectural firm’s places of business within this
28 state.
29 (4)(a) A foreign architectural firm may offer to provide in this state services that con-
30 stitute the practice of architecture, and may assume or use a name, form of address or other
31 designation within this state that indicates or reasonably could be understood to indicate
32 that the foreign architectural firm is an architectural firm or engages in the practice of ar-
33 chitecture, if the foreign architectural firm provides a notice in writing to each person that
34 responds to or accepts the offer that states that the foreign architectural firm is not a reg-
35 istered architectural firm.
36 (b) Notwithstanding the permission given under paragraph (a) of this subsection, a for-
37 eign architectural firm may not engage in the practice of architecture in this state without
38 a certificate of registration.
39 (5) A business entity that provides services in this state that constitute the practice of
40 architecture may provide the services only through, or under the responsible control of, an
41 owner or employee of the business entity who is a registered architect.
42 (6) Any technical submission that a registered architectural firm submits to comply with
43 a requirement under the laws of this state, or an ordinance or other law of a jurisdiction in
44 this state, must bear the stamp of a registered architect who has responsible control of the
45 technical submission and must display the name of the registered architectural firm.

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1 (7) A registered architectural firm may not have, use, display or communicate a name
2 or assumed business name that includes the name of an individual who was not previously
3 or is not currently an owner, employee or otherwise in a contractual relationship with the
4 registered architectural firm under which the individual previously engaged in or currently
5 engages in the practice of architecture in this state.
6 SECTION 6. ORS 671.045 is amended to read:
7 671.045. ORS 671.041 to 671.047 do not affect the law applicable to the professional relationship
8 and liabilities between [a person] an architect or architectural firm rendering professional service
9 in the practice of architecture and a person receiving the architect’s or architectural firm’s
10 service, and ORS 671.041 to 671.047 do not affect the standards of professional conduct [of a pro-
11 fession] that apply to architects or architectural firms. A shareholder, director, member, officer,
12 employee or agent of [a professional corporation] an architectural firm may be held personally li-
13 able for negligent or wrongful acts or misconduct committed by [that person] the shareholder, di-
14 rector, member, officer, employee or agent, or by a person under the direct supervision and
15 control of [that person] the shareholder, director, member, officer, employee or agent, while
16 rendering professional service on behalf of the [corporation] architectural firm to a person receiv-
17 ing the service the same as though the service [was] were being rendered by an individual. A
18 shareholder, director, member or officer may also be held liable for negligent or wrongful acts or
19 misconduct in participation with such acts or misconduct of another shareholder, director, member
20 or officer of the [corporation] architectural firm. The [corporation] architectural firm is jointly
21 and severally liable up to the full value of [its] the architectural firm’s assets for [such] the ar-
22 chitectural firm’s acts or misconduct[. However], but the shareholders, directors, members, offi-
23 cers, employees and agents of the [corporation] architectural firm are not personally liable for the
24 debts or other contractual obligations of the [corporation] architectural firm.
25 SECTION 7. ORS 671.047 is amended to read:
26 671.047. [The Oregon Business Corporation Act is applicable to professional corporations and they
27 enjoy the powers and privileges and are subject to the duties, restrictions and liabilities of corporations
28 organized under the Oregon Business Corporation Act, except when inconsistent with ORS 671.041 to
29 671.047. ORS 671.041 to 671.047 take precedence in the event of any conflict with provisions of the
30 Oregon Business Corporation Act or other law.]
31 Unless inconsistent with ORS 671.041 to 671.047, ORS chapters 58, 60, 62, 63, 65, 67 and
32 70 apply as appropriate to the form of business entity in which an architectural firm is or-
33 ganized. The provisions of ORS 671.041 to 671.047 take precedence in governing the powers,
34 privileges, duties, restrictions and liabilities of an architectural firm over conflicting pro-
35 visions of ORS chapters 58, 60, 62, 63, 65, 67 or 70.
36 SECTION 8. ORS 671.050 is amended to read:
37 671.050. (1) Any [person] individual desiring the right to engage in the practice of architecture
38 in [the State of Oregon] this state shall apply to the State Board of Architect Examiners [upon such
39 forms and in such manner as may be provided by the board. In addition to possessing the qualifica-
40 tions required by ORS 671.010 to 671.220, each applicant must be at least 18 years of age.] for a
41 certificate of registration. To obtain a certificate of registration, the individual must:
42 (a) Complete an application with documentation that, in the board’s judgment, shows
43 that the applicant successfully completed an education program, an experience program and
44 an examination that meet standards the board specifies by rule; and
45 (b) Pay an application fee in an amount the board specifies by rule.

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1 (2) The board by rule shall specify:

2 (a) The manner in which and the procedures under which an individual may apply for a
3 certificate of registration under subsection (1) of this section;
4 (b) The form and content of all application materials;
5 (c) The period during which a registration remains valid;
6 (d) Fees to apply for registration and to renew registration;
7 (e) Conditions or qualifications under which the board grants or denies registration; and
8 (f) Any other matter related to registration of an individual that the board deems nec-
9 essary to specify.
10 [(2) Each applicant for a certificate of registration shall pay to the board the required fee.]
11 (3) If the board determines that the individual is qualified to engage in the practice of
12 architecture in this state, the board shall issue a certificate of registration to the individual.
13 (4) In specifying standards for an examination under this section, the board may adopt
14 the examination and the recommended grading procedures of the National Council of Archi-
15 tectural Registration Boards.
16 SECTION 9. ORS 671.065 is amended to read:
17 671.065. (1) The State Board of Architect Examiners may grant a certificate of registration
18 without examination to any [person] individual who is not registered to engage in the practice of
19 architecture in this state but is certified by the National Council of Architectural Registration
20 Boards or has lawfully been issued a license or certificate to engage in the practice of architec-
21 ture in another jurisdiction of the United States or another country that has qualifications and li-
22 censing examinations substantially similar to those required in this state.
23 [(2) A person who seeks to practice architecture in this state and meets the requirements for certi-
24 fication in subsection (1) of this section may offer to render architectural services without being issued
25 a certificate of registration by the board, if the architect advises the prospective client and the board
26 in writing and submits an application for registration in this state. The person may use the title of
27 “Architect” while offering to render architectural services, but may not represent that the person is
28 qualified to practice under ORS 671.010 to 671.220.]
29 (2)(a) A foreign architect who does not have a certificate of registration under ORS
30 671.020 may offer to provide in this state services that constitute the practice of architec-
31 ture, and may assume or use a title, form of address or other designation within this state
32 that indicates or reasonably could be understood to indicate that the foreign architect is an
33 architect or that the foreign architect engages in the practice of architecture, if the foreign
34 architect provides a notice in writing to each person that responds to or accepts the offer
35 that states that the foreign architect is not a registered architect.
36 (b) Notwithstanding the permission given in paragraph (a) of this subsection, a foreign
37 architect may not engage in the practice of architecture in this state without a certificate
38 of registration.
39 SECTION 10. ORS 671.080 is amended to read:
40 671.080. [(1) Each registrant who desires to continue as an architect in this state shall submit to
41 the State Board of Architect Examiners, on or before the renewal deadline established by board rule,
42 a renewal application and the renewal fee authorized under ORS 671.085. The registrant shall also
43 furnish evidence satisfactory to the board that the registrant has complied with any continuing educa-
44 tion requirements adopted by the board under ORS 671.125, unless those requirements have been
45 waived. Upon payment and, if required, the furnishing of satisfactory evidence, the board shall issue

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1 to the registrant a certificate of renewal of registration.]

2 [(2) If a registrant fails to have a certificate renewed on or before the renewal deadline established
3 by board rule, the registrant is delinquent. The registrant may renew the certificate not later than the
4 30th day after the renewal date, without penalty, if the registrant pays the renewal fee and furnishes
5 evidence satisfactory to the board that the registrant has complied with any continuing education re-
6 quirements adopted by the board under ORS 671.125, unless those requirements have been waived. The
7 registrant may renew the certificate after the 30th day after the renewal date, if the registrant pays the
8 renewal fee plus a late fee in an amount to be prescribed by the board by rule, and furnishes evidence
9 satisfactory to the board that the registrant has complied with any continuing education requirements
10 adopted by the board under ORS 671.125, unless those requirements have been waived.]
11 [(3) Any person who fails to pay the renewal fee, with any late fees, or fails to furnish evidence
12 satisfactory to the board that the registrant has complied with any continuing education requirements
13 adopted by the board under ORS 671.125, unless those requirements have been waived, for a period
14 of 60 days, forfeits the right to practice architecture in this state. The person may be reinstated as an
15 architect only upon passing examinations required by the board, by complying with any continuing
16 education requirements adopted by the board under ORS 671.125 and by paying any required fees and
17 penalties.]
18 [(4) The board may grant inactive status to any registered architect who gives up the practice and
19 while in good standing makes a request in writing to the board. The architect may resume practice by
20 complying with any continuing education requirements adopted by the board under ORS 671.125 and
21 paying any required fees and penalties.]
22 (1)(a) A registered architect must periodically renew the registration described in ORS
23 671.020 by submitting to the State Board of Architect Examiners, on or before the renewal
24 date the board establishes by rule:
25 (A) An application for renewal;
26 (B) Any fees the board authorizes under ORS 671.085; and
27 (C) Evidence satisfactory to the board that the registered architect has complied with
28 any continuing education requirements the board adopted under ORS 671.125, unless the
29 board waives the continuing education requirements.
30 (b) The board shall renew the registered architect’s certificate of registration after the
31 applicant complies with the requirements described in paragraph (a) of this subsection.
32 (2) If a registered architect does not renew the certificate of registration on or before
33 the renewal deadline the board establishes by rule, the certificate of registration expires on
34 the 61st day after the renewal deadline.
35 (3)(a) A person is no longer a registered architect and forfeits the right to engage in the
36 practice of architecture in this state if, for a period of more than 60 days after a renewal
37 deadline, the person fails to pay a renewal fee or any late fee the board imposes or if the
38 person fails to submit evidence satisfactory to the board of the person’s compliance with
39 continuing education requirements the board adopts under ORS 671.125, unless the board
40 waives the continuing education requirements.
41 (b) The board may reinstate as a registered architect a person that failed to renew the
42 person’s certificate of registration only if the person passes any examination the board re-
43 quires, the person complies with any continuing education requirements the board adopted
44 under ORS 671.125 and the person pays all outstanding renewal fees, late fees and penalties.
45 (4) The board may grant inactive status to any registered architect who ceases to engage

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1 in the practice of architecture and, while in good standing, submits to the board a written
2 request for inactive status. The registered architect may resume practice by passing any
3 examinations the board requires, complying with any continuing education requirements the
4 board adopts under ORS 671.125 and paying any required fees and penalties.
5 SECTION 11. ORS 671.085 is amended to read:
6 671.085. [In addition to any other fee imposed by the State Board of Architect Examiners by rule,
7 the board may impose fees for the following:]
8 [(1) Registration.]
9 [(2) Renewal.]
10 [(3) Filing an application for Architectural Registration Examination.]
11 [(4) Architectural Registration Examination, resident and nonresident.]
12 [(5) Reciprocal application.]
13 [(6) Duplicate certificate.]
14 [(7) Registration of a firm.]
15 [(8) Renewal of registration of a firm.]
16 The State Board of Architect Examiners may impose fees that are reasonable and nec-
17 essary to aid in the administration of ORS 671.010 to 671.220 and to regulate the practice of
18 architecture in this state. The fees may include, but are not limited to, fees for accepting
19 and processing applications and issuing and renewing certificates of registration.
20 SECTION 12. ORS 671.090 is amended to read:
21 671.090. [The State Board of Architect Examiners may refuse to grant, reinstate or renew, or may
22 suspend or revoke, a certificate of registration to engage in the practice of architecture or in the pro-
23 vision of architectural services in this state upon proof of one or more of the following grounds:]
24 [(1) Using fraud or deception in applying for a certificate of registration or in passing an exam-
25 ination as provided in ORS 671.010 to 671.220.]
26 [(2) Falsely impersonating a practitioner or former practitioner.]
27 [(3) Practicing under an assumed or fictitious name or a firm name contrary to the provisions of
28 ORS 671.010 to 671.220.]
29 [(4) Demonstrating fraud, deceit, gross negligence, incompetency or misconduct in the practice of
30 architecture or in the provision of architectural services.]
31 [(5) Willfully evading or attempting to evade any law, ordinance, code or regulation of the state,
32 or counties and cities of this state, governing construction of buildings.]
33 [(6) Stamping or signing any drawings or specifications that were not prepared by the architect or
34 under the architect’s direct control and supervision.]
35 [(7) Unbeknown to a party for whom the architect is doing work, receiving rebates, commissions,
36 grants of moneys or favors which the architect is not entitled to or justified in receiving.]
37 [(8) Engaging in the practice of architecture or the provision of architectural services in a manner
38 contrary to the provisions and requirements of ORS 671.010 to 671.220.]
39 [(9) Failing to comply with any continuing education requirements adopted by the board under
40 ORS 671.125, unless the requirements have been waived by the board.]
41 [(10) Being convicted of any crime under circumstances that relate to the practice of architecture
42 or the provision of architectural services.]
43 [(11) Being the subject of disciplinary action taken by another jurisdiction.]
44 (1) A person may not:
45 (a) Use fraud or deception in applying for a certificate of registration or in passing an

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1 examination required under ORS 671.010 to 671.220.

2 (b) Falsely impersonate a registered architect or engage in the practice of architecture
3 in this state without a certificate of registration from the State Board of Architect Exam-
4 iners.
5 (c) Engage in the practice of architecture in this state under an assumed or fictitious
6 business name without registering the assumed or fictitious business name under ORS
7 chapter 648.
8 (d) Demonstrate fraud, deceit, gross negligence, incompetency or misconduct in the
9 practice of architecture or in the provision of architectural services.
10 (e) Willfully evade or attempt to evade any law, ordinance, code or regulation of this
11 state, or of counties and cities of this state, that govern the construction of buildings.
12 (f) Stamp or sign any technical submissions unless the person is a registered architect
13 and prepared the technical submissions or caused the technical submissions to be prepared
14 under the person’s direct control and supervision.
15 (g) Receive rebates, commissions, grants of moneys or favors to which the person is not
16 entitled or is not justified in receiving, if the person is a registered architect and is doing
17 work for another person that is unaware of the rebate, commission, moneys or favor.
18 (h) Engage in the practice of architecture or the provision of architectural services in a
19 manner contrary to the provisions and requirements of ORS 671.010 to 671.220.
20 (i) Fail to comply with any continuing education requirements the board adopts under
21 ORS 671.125, unless the board waives the requirements.
22 (j) Be convicted of any crime under circumstances that relate to the practice of archi-
23 tecture or the provision of architectural services.
24 (k) Be the subject of a final order in a disciplinary action that suspends or revokes the
25 person’s right to engage in the practice of architecture in another jurisdiction.
26 (L) Engage in conduct that the board determines is unprofessional or dishonorable.
27 (m) Violate a provision of ORS 671.010 to 671.220, a rule the board adopts under ORS
28 671.010 to 671.220 or an order the board issues under the authority of ORS 671.010 to 671.220.
29 (2)(a) The board may investigate, at the board’s own initiative or in response to a com-
30 plaint under ORS 671.100, any conduct that the board reasonably determines constitutes or
31 could constitute a violation of a provision of subsection (1) of this section.
32 (b) Except as provided in paragraphs (c) and (d) of this subsection, information the board
33 obtains or receives in an investigation under paragraph (a) of this subsection is confidential
34 and is not subject to disclosure under ORS 192.311 to 192.478 unless the public interest re-
35 quires the disclosure.
36 (c) The board may disclose information described in paragraph (b) of this subsection if:
37 (A) The investigation results in a proceeding for which the board gives notice under ORS
38 183.413; or
39 (B) The board issues a finding or final order related to matters the board investigated
40 under paragraph (a) of this subsection.
41 (d) The board may disclose the fact that the board is conducting an investigation under
42 paragraph (a) of this subsection to the subject of the investigation and to the public and may
43 describe in the disclosure the general nature of the matter the board is investigating.
44 (3)(a) If the board determines that a person has violated a provision of subsection (1) of
45 this section and the person is a registered architect, the board may:

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1 (A) Suspend or revoke the person’s certificate of registration or place conditions upon
2 the person’s right to engage in the practice of architecture in this state; and
3 (B) Impose a civil penalty under ORS 671.990.
4 (b) If the board determines that a person has violated a provision of subsection (1) of this
5 section and the person is an applicant to obtain or renew a certificate of registration, the
6 board may deny or refuse to renew the certificate of registration and may impose a civil
7 penalty under ORS 671.990.
8 (c) If the board determines that a person has violated an applicable provision of sub-
9 section (1) of this section and the person is not a registered architect, the board may impose
10 a civil penalty under ORS 671.990 for the violation.
11 (4) Actions the board takes under subsection (3) of this section:
12 (a) Are subject to all applicable provisions of ORS chapter 183 including, but not limited
13 to, a requirement to afford the subject of the action an opportunity for a hearing and the
14 requirements for judicial review of any order of the board; and
15 (b) May be cumulative and are in addition to and not in lieu of any other applicable pen-
16 alty or liability to which a person is subject for a violation of the laws of this state.
17 SECTION 13. ORS 671.100 is amended to read:
18 671.100. [(1) The State Board of Architect Examiners may revoke, suspend or annul the certificate
19 of registration to practice architecture in this state of an architect, or reprimand, censure or otherwise
20 discipline an architect who violates any provision of ORS 671.010 to 671.220 or any rule adopted under
21 ORS 671.010 to 671.220.]
22 [(2)] (1) Any person may [prefer charges] submit to the State Board of Architect Examiners
23 a complaint against a [holder of a certificate of registration to practice architecture] registered ar-
24 chitect. The [charges] complaint must be in writing and be sworn to by the complainant. The board
25 shall [take action on the preferred charges] review the complaint at the next regular board meeting
26 following receipt of the [charges] complaint.
27 (2) Submitting a complaint under subsection (1) of this section does not give the claimant
28 a particular priority for resolution of the complaint or restrict or prevent the board from
29 acting on a complaint other than the complaint submitted under subsection (1) of this sec-
30 tion.
31 SECTION 14. ORS 671.120 is amended to read:
32 671.120. The State Board of Architect Examiners shall operate as a semi-independent state
33 agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.010 to 671.220.
34 The board shall be composed of seven members appointed by the Governor to four-year terms with
35 three terms maximum. Before a member’s term expires, the Governor shall appoint a member
36 with a term that is effective on September 1 of the year in which the previous member’s
37 term expires. If a vacancy occurs on the board for any cause, the Governor shall appoint a
38 member for the remainder of the unexpired term. The chair of the board [shall] must be elected
39 by the board from among the current members. The board shall have as members:
40 (1) Five architects who are residents of [Oregon and who have resided in] this state [for a period
41 of not less than five years]; and
42 (2) Two members of the general public.
43 SECTION 15. ORS 671.125 is amended to read:
44 671.125. In accordance with [any applicable provisions of] ORS chapter 183, the State Board of
45 Architect Examiners may:

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1 (1) Adopt reasonable rules necessary for the administration of the laws the board is charged
2 with administering; and
3 (2) Adopt reasonable rules prescribing standards of professional conduct for architects and rules
4 requiring continuing professional education for architects. In adopting rules under this subsection,
5 the board shall [give consideration to] consider national standards and practices as a means of fa-
6 cilitating reciprocal registration and licensing of architects among jurisdictions recognized by the
7 board. The board shall also consider local practices.
8 SECTION 16. ORS 671.220 is amended to read:
9 671.220. [(1) The State Board of Architect Examiners may assess a civil penalty, not to exceed
10 $5,000 per offense, against any person who violates any provision of ORS 671.010 to 671.220 or any
11 rule adopted under ORS 671.010 to 671.220. A civil penalty authorized under this section is in addition
12 to and not in lieu of any other penalty or sanction provided by law.]
13 [(2) If the board determines that a person is engaging or about to engage in an activity in violation
14 of ORS 671.020 or 671.041, the board may institute a proceeding in an appropriate circuit court to re-
15 strain the activity or proposed activity. An injunction may be issued without proof of actual damages,
16 but does not relieve the defendant from the imposition of a civil penalty for violation of ORS 671.010
17 to 671.220.]
18 [(3) A person practicing architecture may not maintain a proceeding in a court of this state in re-
19 gard to the practice of architecture unless the person alleges and proves that the person was registered
20 as an architect under ORS 671.010 to 671.220, or was an affiliated consulting architect or foreign ar-
21 chitect, at the time of practicing architecture. A firm engaged in the provision of architectural services
22 may not maintain a proceeding in any court of this state in regard to the provision of architectural
23 services unless the firm was registered under ORS 671.010 to 671.220 at the time of providing the ar-
24 chitectural services.]
25 [(4) Civil penalties under this section shall be imposed as provided in ORS 183.745.]
26 [(5) ORS 671.010 to 671.220 do not prevent any person from representing the person’s membership
27 or affiliation with any bona fide professional or trade organization unless the representation is made
28 to advance that person’s unlicensed practice of architecture or unlawful attempt to practice
29 architecture.]
30 [(6) Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited
31 into an account established by the board as provided in ORS 182.470. Moneys deposited are appropri-
32 ated continuously to the board and shall be used only for the administration and enforcement of ORS
33 182.456 to 182.472 and 671.010 to 671.220.]
34 (1) If the State Board of Architect Examiners determines that a person is engaging in
35 or is about to engage in an activity that violates ORS 671.020 or 671.041, the board may bring
36 an action to restrain the activity or proposed activity. An appropriate circuit court may issue
37 an injunction without proof of actual damages, but the injunction does not relieve the de-
38 fendant in the action from the imposition of a civil penalty for a violation of ORS 671.010 to
39 671.220.
40 (2) A person may not bring or maintain an action related to the practice of architecture
41 in a court of this state unless the person alleges and proves that at the time the person
42 engaged in the practice of architecture, the person was a registered architect or was a for-
43 eign architect acting in compliance with ORS 671.020. An architectural firm may not bring
44 or maintain an action related to the practice of architecture in a court of this state unless
45 the architectural firm was a registered architectural firm at the time the architectural firm

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1 engaged in the practice of architecture.

2 (3) ORS 671.010 to 671.220 do not prevent a person from representing the person’s mem-
3 bership in or affiliation with any bona fide professional or trade organization unless the
4 person makes the representation to advance the person’s unlawful practice of architecture
5 or unlawful attempt to engage in the practice of architecture.
6 SECTION 17. ORS 671.990 is amended to read:
7 671.990. [(1) Violation of any of the provisions of ORS 671.010 to 671.220 is subject to the pro-
8 visions of ORS 671.220.]
9 (1)(a) A person that violates a provision of ORS 671.010 to 671.220 or a rule the State
10 Board of Architect Examiners adopts under ORS 671.010 to 671.220 is subject to a civil pen-
11 alty of not more than $5,000 for each violation. A civil penalty under this subsection is in
12 addition to and not in lieu of any other penalty or sanction provided by law.
13 (b) The board may impose a civil penalty under this section only in accordance with ORS
14 183.745.
15 (c) Notwithstanding ORS 670.335, the board shall deposit all civil penalties recovered un-
16 der this section into an account the board establishes in accordance with ORS 182.470. Mon-
17 eys the board deposits are appropriated continuously to the board and may be used only for
18 the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.
19 (2) Violation of ORS 671.530 is a misdemeanor.
20 SECTION 18. ORS 455.062 is amended to read:
21 455.062. (1) A Department of Consumer and Business Services employee acting within the scope
22 of that employment may provide typical drawings and specifications:
23 (a) For structures of a type for which the provision of [drawings or specifications] technical
24 submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and
25 exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325; and
26 (b) Notwithstanding ORS 671.010 to 671.220 and 672.002 to 672.325, for structures that are metal
27 or wood frame Use and Occupancy Classification Group U structures under the structural specialty
28 code.
29 (2) A Department of Consumer and Business Services employee, who is licensed or registered
30 under ORS 671.010 to 671.220 or 672.002 to 672.325, who is acting within the scope of that employ-
31 ment and who is providing typical drawings and specifications under subsection (1) of this section,
32 is not required to seal or sign the typical drawings and specifications and is not subject to disci-
33 plinary action under ORS 671.010 to 671.220 or 672.002 to 672.325 based on providing those typical
34 drawings and specifications.
35 (3) A building official or inspector, as those terms are defined in ORS 455.715, when acting
36 within the scope of direct employment by a municipality, may provide typical drawings or specifi-
37 cations for structures of a type for which the provision of [drawings or specifications] technical
38 submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and
39 exempted under ORS 672.060 from the registration requirements of ORS 672.002 to 672.325. This
40 subsection does not alter any applicable requirement under ORS 671.010 to 671.220 or 672.002 to
41 672.325 regarding stamps and seals for a set of plans for a structure.
42 SECTION 19. ORS 455.628 is amended to read:
43 455.628. (1) The Department of Consumer and Business Services or a municipality administering
44 and enforcing a building inspection program under ORS 455.148 or 455.150 may not require a plan
45 review for one and two family dwellings that are of conventional light frame construction, as defined

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1 by the department by rule, if:

2 (a) The plans for the dwelling are designed and stamped by a professional engineer registered
3 under ORS 672.002 to 672.325 or an architect registered under ORS [671.060] 671.010 to 671.220; and
4 (b) The engineer or architect is certified by the Director of the Department of Consumer and
5 Business Services under ORS 455.720 as being qualified to examine one and two family dwelling
6 plans.
7 (2) The department or municipality is exempt from liability for any damages arising from the
8 nonperformance of a plan review pursuant to this section.
9 SECTION 20. ORS 671.060 and 671.105 are repealed.
10 SECTION 21. (1) The amendments to ORS 455.062, 455.628, 671.010, 671.020, 671.025,
11 671.030, 671.041, 671.045, 671.047, 671.050, 671.065, 671.080, 671.085, 671.090, 671.100, 671.120,
12 671.125, 671.220 and 671.990 by sections 1 to 19 of this 2023 Act and the repeal of ORS 671.060
13 and 671.105 by section 18 of this 2023 Act become operative on January 2, 2024.
14 (2) The State Board of Architect Examiners may adopt rules and take any other action
15 before the operative date specified in subsection (1) of this section that is necessary to enable
16 the board, on and after the operative date specified in subsection (1) of this section, to
17 undertake and exercise all of the duties, functions and powers conferred on the board by the
18 amendments to ORS 455.062, 455.628, 671.010, 671.020, 671.025, 671.030, 671.041, 671.045, 671.047,
19 671.050, 671.065, 671.080, 671.085, 671.090, 671.100, 671.120, 671.125, 671.220 and 671.990 by
20 sections 1 to 19 of this 2023 Act.
21 SECTION 22. This 2023 Act takes effect on the 91st day after the date on which the 2023
22 regular session of the Eighty-second Legislative Assembly adjourns sine die.
23

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