TITLE 43 PROFESSIONS AND BUSINESSES

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

ARTICLE 1 GENERAL PROVISIONS

43-4-14. Practice of architecture; qualifications and registration; exempt structures and persons; design-build contracts; predesign services; construction contract administration services.

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.
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.
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.
Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.
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.
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.
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.)

JUDICIAL DECISIONS

Constitutionality.

- Exception for buildings costing less than $100,000 is not unconstitutionally vague. Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

Cost of building.

- There is a rational relationship between the cost of a building and the stated purpose of O.C.G.A. § 43-4-14 "to safeguard life and property." Meyer von Bremen v. Georgia State Bd. of Architects, 259 Ga. 842, 389 S.E.2d 213 (1990).

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 person 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).

County engineer may design fire station.

- Design and supervision of building of fire station by professional engineer employee of county does not constitute unlawful practice of architecture since building fire station falls within legislative definitions of both professions and because this title explicitly recognizes some overlap between the professions. Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977).

Structure designed to serve as commercial office and residence not within residence exemption of this section. Dudley v. Monsour, 155 Ga. App. 269, 270 S.E.2d 686 (1980) (see now O.C.G.A. § 43-4-14).

Plaintiff has burden of proving entitlement to an exemption under provision that no person shall be required to register as an architect in order to make plans and specifications for or supervise erection, enlargement, or alteration of any one- or two-family residence buildings, regardless of cost. To rule otherwise would be to require that any defendant in suit to collect for professional services must negate every possible exception to applicable licensing statute in order to raise statute as a defense. Dudley v. Monsour, 155 Ga. App. 269, 270 S.E.2d 686 (1980).

Cited in 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

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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