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92_HB3204ham001 LRB9207889Accdam 1 AMENDMENT TO HOUSE BILL 3204 2 AMENDMENT NO. . Amend House Bill 3204 by replacing 3 everything after the enacting clause with the following: 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 16construction documentsconsisting 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. -2- LRB9207889Accdam 1 (Source: P.A. 86-702.) 2 (225 ILCS 305/6) (from Ch. 111, par. 1306) 3 Sec. 6. Technical submissionsConstruction documents. 4 All technical submissionsconstruction documentsintended for 5 use in construction in the State of Illinois shall be 6 prepared and administered in accordance with standards of 7 reasonable professional skill and diligence. Care shall be 8 taken to reflect the requirements of State statutes and, 9 where applicable, county and municipal building ordinances in 10 such submissionsdocuments. In recognition that architects 11 are licensed for the protection of the public health, safety 12 and welfare, submissionsdocumentsshall be of such quality 13 and scope, and be so administered, as to conform to 14 professional standards. 15 Technical submissionsConstruction documentsare the 16 designs, drawings and specifications which establish the 17 scope of the architecture to be constructed, the standard of 18 quality for materials, workmanship, equipment, and 19 construction systems, and the studies and other technical 20 reports and calculations prepared in the course of the 21 practice of architecture. 22 (Source: P.A. 86-702.) 23 (225 ILCS 305/14) (from Ch. 111, par. 1314) 24 Sec. 14. Display of license; Seal. Every holder of a 25 license as a licensed architect shall display it in a 26 conspicuous place in the principal office of the architect. 27 Every licensed architect shall have a reproducible seal, 28 or facsimile, the print of which shall contain the name of 29 the architect, the license number, and the words "Licensed 30 Architect, State of Illinois". The licensed architect shall 31 affix the signature, current date, date of license expiration 32 and seal to the first sheet of any bound set or loose sheets -3- LRB9207889Accdam 1 of technical submissionsconstruction documentsutilized as 2 contract documents or prepared for the review and approval of 3 any governmental or public authority having jurisdiction by 4 that licensed architect or under that licensed architect's 5 responsibledirect supervision andcontrol. The sheet of 6 technical submissionsconstruction documentsin which the 7 seal is affixed shall indicate those documents or parts 8 thereof for which the seal shall apply. The seal and dates 9 may be electronically affixed. The signature must be in the 10 original handwriting of the licensee. Signatures generated 11 by computer shall not be permitted. All technical 12 submissionsconstruction documentsissued by any corporation, 13 partnership, professional service corporation, or 14 professional design firm as registered under this Act shall 15 contain the corporate or assumed business name and design 16 firm registration number, in addition to any other seal 17 requirements as set forth in this Section. 18 "Responsible control" means that amount of control over 19 and detailed professional knowledge of the content of 20 technical submissions during their preparation as is 21 ordinarily exercised by architects applying the required 22 professional standard of care. Merely reviewing or reviewing 23 and correcting the technical submissions or any portion 24 thereof prepared by those not in the regular employment of 25 the office where the architect is resident without control 26 over the content of such work throughout its preparation does 27 not constitute responsible control. 28 An architect licensed under the laws of this jurisdiction 29 shall not sign and seal technical submissions that were not 30 prepared by or under the responsible control of the architect 31 except that: 32 (1) the architect may sign and seal those portions 33 of the technical submissions that were prepared by or 34 under the responsible control of persons who hold a -4- LRB9207889Accdam 1 license under this Act, and who shall have signed and 2 sealed the documents, if the architect has reviewed in 3 whole or in part such portions and has either coordinated 4 their preparation or integrated them into his or her 5 work; 6 (2) the architect may sign and seal portions of the 7 professional work that are not required by this Act to be 8 prepared by or under the responsible control of an 9 architect if the architect has reviewed and adopted in 10 whole or in part such portions and has integrated them 11 into his or her work; and 12 (3) a partner or corporate officer of a 13 professional design firm registered in Illinois who is 14 licensed under the architecture licensing laws of this 15 State, and who has professional knowledge of the content 16 of the technical submissions and intends to be 17 responsible for the adequacy of the technical 18 submissions, may sign and seal technical submissions that 19 are prepared by or under the responsible control of 20 architects who are licensed in this State and who are in 21 the regular employment of the professional design firm. 22 The architect exercising responsible control under which 23 the documents or portions of the documents were prepared 24 shall be identified on the documents or portions of the 25 documents by name and Illinois license number. 26 Any licensed architect who signs and seals technical 27 submissions not prepared by that architect but prepared under 28 the architect's responsible control by persons not regularly 29 employed in the office where the architect is resident shall 30 maintain and make available to the board upon request for at 31 least 5 years following such signing and sealing, adequate 32 and complete records demonstrating the nature and extent of 33 the architect's control over and detailed professional 34 knowledge of such technical submissions throughout their -5- LRB9207889Accdam 1 preparation. 2"Direct supervision and control" means that the architect3has exerted sufficient personal supervision, control, and4review of the activities of those employed to perform5architectural work to ensure that the construction documents6produced by those so employed and sealed by the architect7meet the standards of reasonable professional skill and8diligence and are of no lesser quality than if they had been9produced personally by the architect. The architect is10obligated to have detailed professional knowledge of the11construction documents the architect seals and to have12exercised professional judgement in all architectural matters13embodied in those construction documents. Merely reviewing14the construction documents produced by others, even if they15are licensed, does not constitute "direct supervision and16control" by the architect unless the architect has actually17exercised the supervision and control over the preparation of18the construction documents provided for in this Section.19 (Source: P.A. 91-133, eff. 1-1-00.)".