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

Ark. Code Ann. § 17-15-302 (2020)

Exemptions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. The following shall be exempt from the provisions of this chapter:
    1. A professional engineer, as defined in § 17-30-101, but only for work incidental to engineering practice if the professional engineer does not use the designation “architect” or any related term;
    2. Employees of those lawfully practicing architecture who are acting under the instruction, control, or supervision of their employer;
    3. Officers and employees of the United States Government while engaged within this state in the practice of architecture for the government;
    4. Residents of this state who do not use the title “architect” or any term derived therefrom who act as designers for:
      1. Buildings that are to be constructed for personal use, such as residences, if the buildings are not intended or adaptable for public employment, assembly, or any other use under which they will be open to the public;
      2. Single family detached, duplex, triplex, and quadruplex dwellings; or
      3. Buildings whose total cumulative and fair market value to complete, not including site, does not exceed one hundred thousand dollars ($100,000); and
    5. Owners and employees of planing mills, woodworking establishments, sash and door manufacturers, and jobbers in the designing, planning, detailing, and preparation of data on millwork, woodwork, and cabinetwork, provided they do not use the designation “architect” or any term derived therefrom.
    1. The terms of this chapter shall not apply to:
      1. Any public school district exempted from the provisions of this chapter; or
      2. Every public school district embracing a city with a population in excess of thirty thousand (30,000) which maintains a full-time superintendent of buildings with engineering and architectural experience.
    2. This exception shall only apply:
      1. If the total cumulative and fair market value to complete the repair and maintenance of buildings already constructed and alterations thereof does not exceed the sum of one hundred thousand dollars ($100,000); and
      2. If the total cumulative and fair market value to complete the new structures will not exceed the sum of one hundred thousand dollars ($100,000).
  3. The provisions of this chapter shall not apply to any public school district, place of assembly, daycare, church, or building not more than one (1) story high where:
    1. The total cumulative and fair market value to complete the building, alteration, or structure does not exceed the sum of one hundred thousand dollars ($100,000); and
    2. The plans are approved by the State Fire Marshal.

History. Acts 1941, No. 270, § 2; 1959, No. 157, § 1; 1971, No. 582, § 1; 1973, No. 417, § 1; 1975 (Extended Sess., 1976), No. 1204, § 1; 1981, No. 18, § 1; A.S.A. 1947, § 71-302; reen. Acts 1987, No. 1002, § 1; 1995, No. 860, § 2; 1995, No. 1108, §§ 1, 2; 1999, No. 1338, § 3; 2011, No. 897, § 12.

A.C.R.C. Notes. Part of this section was reenacted by Acts 1987, No. 1002, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2011 amendment substituted “A professional engineer, as defined in § 17-30-101” for “Professional engineers duly licensed or registered” in (a)(1).

Case Notes

Constitutionality.

Section 17-30-104, along with §§ 17-30-101 and 17-15-102, 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).

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

Notes of Decisions
Cited in 3 cases, 2000–2003 · 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 2× “) Also pertinent to Holloway’s argument is Ark. Code Ann. § 17-15-302 (a)(l) (Repl. 2001), which exempts licensed engineers from the provisions governing architects so long as the engineer’s work is incidental to the practice of engineering and provided the engineer does not use…”
Arkansas State Bd. of Architects v. Hawkins, 12 S.W.3d 253 (Ark. Ct. App. 2000). · cites it 10× “Under Ark. Code Ann. § 17-15-302 (a)(l) (Repl. 1995) an exception is made for professional engineers for architectural work incidental to engineering practice, provided the engineer does not use the designation “architect” or “any term derived therefrom.”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). · cites it 4× “See Ark. Code Ann. § 17-15-302 (b)(2). However, there is no similar limitation in the exemption found in § 17-15-102(5)(A)(ii), which provides that an engineer may practice such architectural work as is- incidental to the practice of engineering.”
Ark. Code Ann. § 17-15-302(a)(l): 1 case
Arkansas State Bd. of Architects v. Hawkins, 12 S.W.3d 253 (Ark. Ct. App. 2000). “Under Ark. Code Ann. § 17-15-302 (a)(l) (Repl. 1995) an exception is made for professional engineers for architectural work incidental to engineering practice, provided the engineer does not use the designation “architect” or “any term derived therefrom.”
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