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2018 Georgia Code 43-4-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-4-1 Case Law from Google Scholar Amendments to OCGA 43-4-1

TITLE 43 PROFESSIONS AND BUSINESSES

Section 4. Architects, 43-4-1 through 43-4-37.

ARTICLE 1 GENERAL PROVISIONS

43-4-1. Definitions.

As used in this chapter, the term:

  1. "Architect" means an individual technically and legally qualified to engage in the practice of architecture.
  2. "Architectural construction contract administration services" shall include at a minimum the following services:
    1. Visiting the construction site on a regular basis to determine that the work is proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and
    2. Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents.
  3. "Board" means the Georgia State Board of Architects and Interior Designers.
  4. "Building" means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.
  5. "Building official" means the person appointed by the county, municipality, or other political subdivision of the state having responsibility for the issuance of building permits and the administration and enforcement of the Georgia State Minimum Construction Codes, or a state fire marshal where there is not such local official.
  6. "Building shell" means a building framework, perimeter and exterior walls, the building core and columns, and other structural, mechanical, and load-bearing elements of the building.
  7. "Building shell system" means a mechanical, plumbing, fire protection, electrical, structural, or motorized vertical transportation system designed for or located within a building shell.
  8. "Interior construction document" means detailed drawings and specifications sealed and signed by a registered interior designer certifying compliance with applicable current building codes, ordinances, laws, and regulations that define the work to be constructed in such form as is required for approval of a construction permit by a building official or fire marshal. Such document may be combined with documents prepared under the responsible control, seal, and signature of other registered or licensed professionals.
    1. "Interior design" means the rendering of or the offering to render designs, consultations, studies, planning, drawings, specifications, contract documents, or other technical submissions and the administration of interior construction and contracts relating to nonstructural interior construction of a building by a registered interior designer. Such term includes:
      1. Space planning, finishes, furnishings, and the design for fabrication of nonstructural interior construction within interior spaces of buildings;
      2. Responsibility for life safety design of proposed or modification of existing nonstructural and nonengineered elements of construction such as partitions, doors, stairways, and paths of egress connecting to exits or exit ways; and
      3. Modification of existing building construction so as to alter the number of persons for which the egress systems of the building are designed.
    2. Registered interior designers shall collaborate and coordinate their work with registered architects or engineers for work that is excluded by this definition, including without limitation:
      1. The design of or responsibility for the building shell or any building shell systems; or
      2. Construction which materially affects building life safety systems pertaining to fire safety protection such as fire-rated vertical shafts in multistory structures and fire-rated protection of structural elements with the exception of incidental restoration of fire protection to elements impacted by nonstructural elements of construction, smoke evacuation, emergency sprinkler systems, and emergency alarm systems.
  10. "Nonstructural interior construction" means the construction of elements which do not include a load-bearing wall, a load-bearing column, or other load-bearing elements of a building essential to the structural integrity of the building.
  11. "Practice of architecture" means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which may have human occupancy or habitation: planning; providing preliminary studies, designs, drawings, specifications, and other technical submissions; the architectural administering of construction contracts; and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering. Nothing in this paragraph shall be construed to prohibit a registered interior designer from coordinating submittals related to the practice of interior design.
  12. "Registered architect" means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia.
  13. "Registered interior designer" means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title "registered interior designer" in the State of Georgia and as further defined in Code Section 43-4-30. Nothing in this paragraph or in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paints, floor coverings, and lighting fixtures.
  14. "Registration" means the certificate of registration issued by the board.
  15. "Responsible control" means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered or licensed professionals applying the required professional standard of care, as defined by rules and regulations adopted by the respective boards governing such professionals.
  16. "Technical submissions" means designs, drawings, specifications, studies, and other technical reports prepared or reviewed in the course of professional practice.

(Ga. L. 1919, p. 125, § 16; Code 1933, § 84-301; Ga. L. 1952, p. 457, § 1; Ga. L. 1974, p. 162, § 1; Ga. L. 1984, p. 448, § 1; Ga. L. 2000, p. 1527, § 1; Ga. L. 2010, p. 748, § 1/HB 231; Ga. L. 2011, p. 752, § 43/HB 142.)

Law reviews.

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

JUDICIAL DECISIONS

Cost of interior parts and appurtenances.

- Language "with or without other parts or appurtenances" in O.C.G.A. § 43-4-1(2) (now paragraph (4)) was sufficiently clear to notify an unregistered person that, for purposes of O.C.G.A. § 43-4-14, the cost of a building for which the unregistered individual designed only the foundation, floor, exterior walls, and roof would also include the cost of such interior parts and appurtenances as would be reasonably necessary for the building to become functional for the purposes for which the building was designed. Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

Cities cannot tax certified architects employed by principals responsible for final design decision.

- City cannot tax engineers and architects pursuant to Ga. L. 1953, Jan.-Feb. Sess., p. 207, § 1 (see now O.C.G.A. § 48-13-5) who, although the engineers and architects hold certificates, work as employees in firms in which principals who were responsible for final design decisions hold certificates. City of Atlanta v. Georgia Soc'y of Professional Eng'rs, 220 Ga. 62, 137 S.E.2d 41 (1964).

Cited in Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977); Perry v. Dudley, 145 Ga. App. 728, 244 S.E.2d 580 (1978); Georgia State Bd. for Examination, Qualification & Registration of Architects v. Arnold, 249 Ga. 593, 292 S.E.2d 830 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Engineers may not design or supervise construction like architects.

- Extent to which an engineer may practice should not be determined solely by looking to provisions defining practice of engineering; the legislature did not intend that engineers should be permitted to plan, design, or supervise construction of structures and buildings to the same extent that an architect may do so. 1967 Op. Att'y Gen. No. 67-144.

Submission of plans by registered interior designers.

- Registered interior designers are authorized to sign and seal documents related to nonstructural interior construction for their submission to building officials or fire marshals for permitting purposes to the extent that it does not conflict with the provisions of O.C.G.A. § 25-2-14. 2017 Op. Att'y Gen. No. U17-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Architects, § 1 et seq.

C.J.S.

- 6 C.J.S., Architects, § 1 et seq.

ALR.

- Construction of contract for compensation of architect, 20 A.L.R. 1356.

What amounts to architectural or engineering services within license requirements, 82 A.L.R.2d 1013.

What constitutes a "building" within restrictive covenant, 18 A.L.R.3d 850.

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.

When statute of limitations begins to run on negligent design claim against architect, 90 A.L.R.3d 507.

Cases Citing O.C.G.A. § 43-4-1

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Hous. Auth. of Savannah v. Greene, 383 S.E.2d 867 (Ga. 1989).

Cited 56 times | Published | Supreme Court of Georgia | Sep 28, 1989 | 259 Ga. 435

...The trial court granted the motion to dismiss. After granting the housing authority's application for interlocutory appeal, the Court of Appeals affirmed. *436 1. The practice of architecture is recognized as a profession under Georgia statutory law. See OCGA § 43-4-1 et seq.; OCGA § 14-7-2 (2)....
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Minnix v. Dep't of Transp., 533 S.E.2d 75 (Ga. 2000).

Cited 16 times | Published | Supreme Court of Georgia | Jul 5, 2000 | 272 Ga. 566, 2000 Fulton County D. Rep. 2497

...[24] Mug A Bug Pest Control v. Vester, 270 Ga. 407, 408, 509 S.E.2d 925 (1999). [25] See note 2. [26] See notes 11-13 and 15. See also, McLendon & Cox v. Roberts, 197 Ga.App. 478, 398 S.E.2d 579 (holding OCGA § 9-11-9.1 applicable to landscape architects). Compare OCGA § 43-4-1 et seq., regulating the practice of architecture or the design of buildings with OCGA § 43-23-1 et seq., regulating the practice of landscape architecture or the performance of professional services relating to land use and environmental problems....
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Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842 (Ga. 1990).

Published | Supreme Court of Georgia | Mar 1, 1990 | 389 S.E.2d 213

...The appellee, the Georgia State Board of Architects, determined that by preparing the plans appellant was engaged in the unregistered practice of architecture, and ordered him to cease and desist. Appellant petitioned for judicial review, but the superior court affirmed. We granted discretionary re*843view. Under OCGA § 43-4-17.1, appellee is authorized to issue a “cease and desist” order to any person whom appellee determines is violating OCGA § 43-4-17, and to impose a civil fine if the person violates the order to cease and desist. OCGA § 43-4-17 provides that any person who practices architecture without complying with Chapter 4 of Article 43 shall be guilty of a misdemeanor. Article 43, Chapter 4, prohibits the practice of architecture by persons who are not registered by appellee as architects. OCGA §§ 43-4-10; 43-4-14. The term “practice of architecture” is defined by OCGA § 43-4-1 (3) for the purposes of Art....
...Such services shall include consultation, planning, analyses, preliminary studies, designs, drawings and specifications, architectural administration of construction contracts, and any other function in connection with such services. The term “building,” as used in § 43-4-1 (3) and elsewhere in Art. 43, Ch. 4, means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances. [OCGA § 43-4-1 (2).] OCGA § 43-4-14 establishes certain exceptions to the requirement that anyone engaged in the practice of architecture be registered as an architect....
...case] or of any other type building costing less than $100,000 (except [certain types of buildings not applicable to this case]). 1. Appellant contends that the exception for buildings costing less than $100,000 is unconstitutionally vague, in that § 43-4-14 does not indicate whether the term “building” means a building without features added by other persons....
...lls, and roofs, without interior features such as walls, heating, and air conditioning. He argues that if “building” means only that part of the building that he *844personally designed, then he qualified for the less-than- $100,000 exception of § 43-4-14, because the part he designed cost less than $100,000 for each building. Decided March 1, 1990 Reconsideration denied March 28, 1990. We disagree....
...llant designed cost less than $100,000. However, assuming without deciding that the evidence presented to the hearing officer supports appellant’s factual contention, we conclude that the meaning of the term “building” is not unclear. Although § 43-4-14 refers only to “any other type building costing less than $100,000,” § 43-4-1 (2) explains that a “building” is “any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.” (Emphasis supplied.) We hold that the language “with or without other parts or appurtenances” was sufficiently clear to notify appellant that, for purposes of § 43-4-14, the cost of a building for which he designed only the foundation, floor, exterior walls, and roof would also include the cost of such interior parts and appurtenances as would be reasonably necessary for the building to become functional for the purposes for which it was designed. 2. Appellant further contends that the exception for buildings costing less than $100,000 is unconstitutionally vague, in that § 43-4-14 does not indicate whether the “cost” of a building is to be determined as of the date the building is designed....
...by several causes, including inflation. This enumeration has no merit. All of the buildings in question cost more than $100,000 when appellant participated in designing them, and he therefore is not in a position to attack the alleged deficiency in § 43-4-14. Lott Investment Corp. v. Gerbing, 242 Ga. 90, 92 (249 SE2d 561) (1978). 3. There is a rational relationship between the cost of a building and the stated purpose of § 43-4-14 “to safeguard life and property.” 4. Under the facts of this case, the application of § 43-4-17.1 to appellant does not violate constitutional and statutory prohibitions against retroactive laws. 5....
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City of Atlanta v. Daley, 257 Ga. 674 (Ga. 1987).

Published | Supreme Court of Georgia | Nov 30, 1987 | 362 S.E.2d 348

...osition are not taxed) relying *676upon City of Atlanta v. Ga. Society of Professional Engineers, 220 Ga. 62 (137 SE2d 41) (1964). The General Assembly has defined the practice of architecture by functions as they are performed by individuals, OCGA § 43-4-1 (c), as well as the practice of professional engineering....