Practice of Architecture; Qualifications and Registration; Exempt Structures and Persons; Design-Build Contracts; Predesign Services; Construction Contract Administration Services

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Architects
  5. General Provisions
  6. Practice of Architecture; Qualifications and Registration; Exempt Structures and Persons; Design-Build Contracts; Predesign Services; Construction Contract Administration Services

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  1. In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (11) of Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture.
  2. Construction documents for the following structures do not require the seal of a registered architect:
    1. One and two-family residences and domestic outbuildings regardless of cost;
    2. Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmer's market;
    3. Any building which is a single story building, not exceeding more than 5,000 square feet in area, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities;
    4. Preengineered buildings that are one story in height, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, and facilities classified as high hazard; provided, however, that the services of a duly registered architect shall be required for the design of any business or mercantile occupancies that exceed 5,000 square feet in area that are incidental to the operation in such building; and
    5. Nonstructural interior construction within existing or planned structures which were designed by a registered architect, where drawings and specifications are prepared by a registered interior designer who by sealing and signing such interior construction documents submits to the responsible building official certification that the plans and specifications as submitted are in compliance with the applicable current building codes and regulations in effect.
  3. The following persons are exempt from registration as an architect in this state:
    1. A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia;
    2. An employee of a registered architect or firm under subsection (b) of Code Section 43-4-10 who is not in charge of design or supervision and who works under the supervision of a registered architect;
    3. An employee of the United States government while working in the scope of his or her employment for the United States government; and
    4. A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation "architect" or any term derived therefrom unless registered under this article.
  4. Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.
  5. Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter.
  6. Nothing in this article shall be construed to mean that predesign services, as defined in Code Section 50-22-7, are required to be performed exclusively by architects.
  7. Nothing in this article shall be construed to mean that construction contract administration services are required to be performed exclusively by architects.

(Ga. L. 1919, p. 125, § 15; Code 1933, § 84-321; Ga. L. 1952, p. 457, § 8; Ga. L. 1974, p. 162, § 10; Ga. L. 1982, p. 903, §§ 1, 2; Ga. L. 1992, p. 6, § 43; Ga. L. 1992, p. 3318, § 1; Ga. L. 2000, p. 1527, § 1; Ga. L. 2001, p. 741, § 1; Ga. L. 2010, p. 748, § 2/HB 231.)

OPINIONS OF THE ATTORNEY GENERAL

Authority to draft engineering plans containing incidental architectural work.

- Exemption in O.C.G.A. § 43-4-14 clearly authorizes a registered professional engineer to draft and file engineering plans, drawings, and specifications that contain incidental architectural work. 1982 Op. Att'y Gen. No. 82-26.

RESEARCH REFERENCES

ALR.

- Responsibility of one acting as architect for defects or insufficiency of work attributable to plans, 25 A.L.R.2d 1085.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Liability to one injured in course of construction, based upon architect's alleged failure to carry out supervisory responsibilities, 59 A.L.R.3d 869.


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