State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

92_HB3204enr

 
HB3204 Enrolled                                LRB9207889ACsb

 1        AN ACT in relation to the regulation of professions.

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

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

 6        (225 ILCS 305/5) (from Ch. 111, par. 1305)
 7        Sec. 5.  Architect defined; Acts  constituting  practice.
 8    An  architect  is  a  person  who  is qualified by education,
 9    training, experience, and examination, and  who  is  licensed
10    under the laws of this State, to practice architecture.
11        The  practice  of  architecture  within  the  meaning and
12    intent of this Act includes the  offering  or  furnishing  of
13    professional  services,  such  as consultation, environmental
14    analysis,   feasibility   studies,   programming,   planning,
15    aesthetic  and  structural  design,   technical   submissions
16    construction    documents    consisting   of   drawings   and
17    specifications  and   other   documents   required   in   the
18    construction    process,   administration   of   construction
19    contracts,   project   representation,    and    construction
20    management,  in  connection  with  the  construction  of  any
21    private  or  public  building,  building  structure, building
22    project, or addition to or alteration or restoration thereof.
23    (Source: P.A. 86-702.)

24        (225 ILCS 305/6) (from Ch. 111, par. 1306)
25        Sec. 6.  Technical  submissions  Construction  documents.
26    All technical submissions construction documents intended for
27    use  in  construction  in  the  State  of  Illinois  shall be
28    prepared and administered in  accordance  with  standards  of
29    reasonable  professional  skill and diligence.  Care shall be
30    taken to reflect the  requirements  of  State  statutes  and,
 
HB3204 Enrolled             -2-                LRB9207889ACsb
 1    where applicable, county and municipal building ordinances in
 2    such  submissions  documents.  In recognition that architects
 3    are licensed for the protection of the public health,  safety
 4    and  welfare,  submissions documents shall be of such quality
 5    and  scope,  and  be  so  administered,  as  to  conform   to
 6    professional standards.
 7        Technical  submissions  Construction  documents  are  the
 8    designs,  drawings  and  specifications  which  establish the
 9    scope of the architecture to be constructed, the standard  of
10    quality    for   materials,   workmanship,   equipment,   and
11    construction systems, and the  studies  and  other  technical
12    reports  and  calculations  prepared  in  the  course  of the
13    practice of architecture.
14    (Source: P.A. 86-702.)

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

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