Ark. Code Ann. » Title 17 Chapter 15
Arkansas Code Annotated

Ark. Code Ann. § 17-15-102 (2020)

Definitions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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As used in this chapter, unless the context otherwise requires:

  1. “Architect” means a person who is technically and legally qualified to practice architecture;
  2. “Direct supervision” means that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision;
  3. [Repealed.]
      1. “Practice of architecture” means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation.
      2. The services include:
        1. Planning;
        2. Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and
        3. Administration of construction contracts.
    2. “Practice of architecture” does not include the practice of engineering as defined in the Arkansas Engineering Act, § 17-30-101 et seq., or the practice of contracting as defined in the Contractors Licensing Law, § 17-25-101 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture, and an engineer may practice such architectural work as is incidental to the practice of engineering.
    3. The provisions of this chapter affirm the legal authority of an engineer licensed under the Arkansas Engineering Act, § 17-30-101 et seq., to provide consultation, investigation, evaluation, planning, and design of buildings intended for the accommodation of equipment, vehicles, goods, or processes or other utilitarian function, with human occupancy including office space as required for the support of these functions, provided the engineer is practicing within his or her area of competency as defined in the Arkansas Engineering Act, § 17-30-101 et seq.;
  5. “Registered architect” means an architect holding a current registration in the State of Arkansas;
  6. “Registration” means the certificate of registration issued by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers; and
  7. “Technical submissions” means drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.

History. Acts 1941, No. 270, §§ 1, 14; A.S.A. 1947, §§ 71-301, 71-312; Acts 1993, No. 578, § 1; 1995, No. 860, § 1; 2009, No. 1367, § 4; 2019, No. 990, § 16.

Amendments. The 2009 amendment deleted former (2) and redesignated the remaining subsections accordingly; rewrote (4) substituted “Arkansas State Board of Architects, Landscape Architects, and Interior Designers” for “examining body” in (6); and made minor stylistic changes.

The 2019 amendment repealed (3).

Case Notes

Constitutionality.

Section 17-30-104, along with § 17-30-101 and this section, are not void for vagueness as a person of ordinary intelligence could glean that architects plan and design buildings primarily intended for people to live and work in, and engineers plan and design buildings primarily intended for accommodation of equipment, vehicles, goods, and/or processes. Holloway v. Ark. State Bd. of Architects, 352 Ark. 427, 101 S.W.3d 805 (2003).

“Architect.”

An architect is one whose occupation it is to form and devise plans and designs and draw up specifications for buildings or structures and to superintend their construction. Ark. State Bd. of Architects v. Bank Bldg. & Equip. Corp., 225 Ark. 889, 286 S.W.2d 323 (1956).

Cited: Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002).

Notes of Decisions
Cited in 2 cases, 2002–2003 · leading case: Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003).
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Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). · cites it 6× “2001), which read as follows: (A)(i) The “practice of architecture” means the provision of, or offering to provide, those services hereinafter described in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space…”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). · cites it 9× “§ 17-15-203 , which gives the Board the power to levy civil penalties, on the ground that the statute does not set guidelines for the Board in setting the amount of the penalty to be levied or allow the Board to take into account mitigating factors, and challenged the definition…”
Ark. Code Ann. § 17-15-102(5): 2 cases
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). “2001), which read as follows: (A)(i) The “practice of architecture” means the provision of, or offering to provide, those services hereinafter described in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space…”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). “§ 17-15-203 , which gives the Board the power to levy civil penalties, on the ground that the statute does not set guidelines for the Board in setting the amount of the penalty to be levied or allow the Board to take into account mitigating factors, and challenged the definition…”
Ark. Code Ann. § 17-15-102(5)(A)(i): 2 cases
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). “2001), which read as follows: (A)(i) The “practice of architecture” means the provision of, or offering to provide, those services hereinafter described in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space…”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). “§ 17-15-203 , which gives the Board the power to levy civil penalties, on the ground that the statute does not set guidelines for the Board in setting the amount of the penalty to be levied or allow the Board to take into account mitigating factors, and challenged the definition…”
Ark. Code Ann. § 17-15-102(5)(A)(ii): 1 case
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). “§ 17-15-203 , which gives the Board the power to levy civil penalties, on the ground that the statute does not set guidelines for the Board in setting the amount of the penalty to be levied or allow the Board to take into account mitigating factors, and challenged the definition…”
Ark. Code Ann. § 17-15-102(5)(B): 1 case
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). “2001), which read as follows: (A)(i) The “practice of architecture” means the provision of, or offering to provide, those services hereinafter described in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space…”
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