State of Illinois
92nd General Assembly
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[ Senate Amendment 001 ]


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
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.
 
                            -2-              LRB9207889Accdam
 1    (Source: P.A. 86-702.)

 2        (225 ILCS 305/6) (from Ch. 111, par. 1306)
 3        Sec. 6.  Technical  submissions  Construction  documents.
 4    All technical submissions construction documents intended 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  submissions  documents.  In recognition that architects
11    are licensed for the protection of the public health,  safety
12    and  welfare,  submissions documents shall be of such quality
13    and  scope,  and  be  so  administered,  as  to  conform   to
14    professional standards.
15        Technical  submissions  Construction  documents  are  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  submissions construction documents utilized 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    responsible direct supervision and  control.   The  sheet  of
 6    technical  submissions  construction  documents  in 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    submissions construction documents issued 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 architect
 3    has  exerted  sufficient  personal  supervision, control, and
 4    review  of  the  activities  of  those  employed  to  perform
 5    architectural work to ensure that the construction  documents
 6    produced  by  those  so  employed and sealed by the architect
 7    meet the  standards  of  reasonable  professional  skill  and
 8    diligence  and are of no lesser quality than if they had been
 9    produced personally  by  the  architect.   The  architect  is
10    obligated  to  have  detailed  professional  knowledge of the
11    construction  documents  the  architect  seals  and  to  have
12    exercised professional judgement in all architectural matters
13    embodied in those construction documents.   Merely  reviewing
14    the  construction  documents produced by others, even if they
15    are licensed, does not  constitute  "direct  supervision  and
16    control"  by  the architect unless the architect has actually
17    exercised the supervision and control over the preparation of
18    the construction documents provided for in this Section.
19    (Source: P.A. 91-133, eff. 1-1-00.)".

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