O.C.G.A.

O.C.G.A. § 43-4-17 (2019)

Unlawful practice of architecture; enforcement; injunctions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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.

History

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.

Annotations

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 con-

stitute 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 Ga. LEXIS 1516 (1977). Provisions inapplicable to duties or conduct of municipal building inspectors. - Provisions of former Code 1933, § 84-9903 (see now O.C.G.A. § 434-17) that an officer or citizen may apply

for injunction against any person violating provisions of former Code 1933, § 84301 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 Ga. LEXIS 554 (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. (But see 1987 Op. Att’y Gen. No. 87-31). 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. (But see 1987 Op. Att’y Gen. No. 87-31). 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.

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Meyer von Bremen v. Georgia State Bd. of Architects, 389 S.E.2d 213 (Ga. 1990).
Meyer von Bremen v. Georgia State Bd. of Architects, 389 S.E.2d 213 (Ga. 1990). · cites it 4× “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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.