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2018 Georgia Code 43-4-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-4-17 Case Law from Google Scholar Amendments to OCGA 43-4-17

TITLE 43 PROFESSIONS AND BUSINESSES

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

ARTICLE 1 GENERAL PROVISIONS

43-4-17. Unlawful practice of architecture; enforcement; injunctions.

  1. Any person who uses the title "architect" or "registered architect" or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.
  2. It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article.

(Ga. L. 1919, p. 125, § 26; Code 1933, § 84-9903; Ga. L. 1953, Jan.-Feb. Sess., p. 387, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1992, p. 3318, § 1; Ga. L. 2000, p. 1527, § 1.)

JUDICIAL DECISIONS

County engineer designing fire station not unlawful practice of architecture.

- Design and supervision of building of fire station by professional engineer employee of county does not constitute unlawful practice of architecture since the building of a fire station falls within the legislative definitions of both professions and because the Code 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).

Provisions inapplicable to duties or conduct of municipal building inspectors.

- Provisions of former Code 1933, § 84-9903 (see now O.C.G.A. § 43-4-17) that an officer or citizen may apply for injunction against any person violating provisions of former Code 1933, § 84-301 et seq. (see now O.C.G.A. Ch. 4, T. 43) applied only to the class of persons enumerated in that chapter; nothing in that chapter pertains to duties or conduct of municipal building inspectors. Edenfield v. Hazard, 220 Ga. 373, 138 S.E.2d 884 (1964).

OPINIONS OF THE ATTORNEY GENERAL

Only officers of the law are authorized to enforce provisions of former Code 1933, Ch. 84-3 (see O.C.G.A. Ch. 4, T. 43). 1977 Op. Att'y Gen. No. 77-31.

Building officials may accept construction documents not signed by architect.

- Statute placed no obligation upon county or municipal building officials to accept only those construction documents which are properly signed and sealed by an architect or engineer before issuing a permit. 1977 Op. Att'y Gen. No. 77-31.

Opinion of the Attorney General No. 77-31 is still a correct interpretation of O.C.G.A. § 43-4-17; however, in certain circumstances other statutes do place a duty on local building officials to accept only construction documents having the seal and signature of an architect. 1984 Op. Att'y Gen. No. 84-30.

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