For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section:

(1) ARCHITECT. An individual who is legally qualified to practice architecture.

(2) PRACTICE OF ARCHITECTURE. When an individual holds himself out as able to render or when he does render any service by consultations, investigations, evaluations, preliminary studies, plans, specifications, contract documents and a coordination of all factors concerning the design and observation of construction of buildings or any other service in connection with the design, observation or construction of buildings located within the boundaries of the state, regardless of whether such services are performed in connection with one or all of these duties, or whether they are performed in person or as the directing head of an office or organization performing them.

(3) PRACTICE ARCHITECTURE or PRACTICING ARCHITECTURE. Performing or doing, or offering or attempting to do or perform any service, work, act or thing within the scope of the 'practice of architecture.'

An individual shall be construed to hold himself out as practicing architecture when, by verbal claim, sign, advertisement, letterhead, card or any other way, he represents himself to be an architect with or without qualifying adjective, or when he implies that he is an architect through the use of some other title.

(4) BUILDING. A structure consisting of foundation, walls or supports and roof, with or without other parts.

Architects and the practice of architecture are hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the architectural profession merit and receive the confidence of the public and that only qualified architects be permitted to practice architecture in the State of Alabama. All provisions of this chapter relating to the practice of architecture shall be liberally construed to carry out these objects and purposes.

In order to safeguard life, health and property, and to promote the public welfare, no person shall practice architecture in this state, or use the title 'architect' or any title, sign, card or device to indicate that such person is practicing architecture or is an architect unless such person shall thereafter comply with the provisions of this chapter.

(a) Nothing contained in this chapter shall prevent:

(1) Employees of registered architects from acting under the instructions, control or supervision of their employers; or,

(2) The employment of superintendents of the construction or alteration of buildings.

(b) No person shall be required to register as an architect in order to make plans and specifications for or administer the erection, enlargement or alteration of any building upon any farm for the use of any farmer, irrespective of the cost of such building, or any single family residence building or any utility works, structures or building (provided that the person performing such architectural works is employed by an electric, gas or telephone public utility regulated pursuant to the laws of Alabama or by a corporation affiliated with such utility), or of any other type building(s) which has a total area of less than 2,500 square feet and is not intended for assembly occupancy, except schools, churches, auditoriums or other buildings intended for the assembly occupancy of people.

(c) The services of a registered architect shall be required on all buildings except those hereinabove exempted and no official of this state or of any city, town or county herein charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings, shall accept or approve any plans or specifications that are not so prepared.

(d) Nothing in this chapter shall prevent registered professional engineers or their employees or subordinates under their supervision or control from performing architectural services incidental to their engineering practice. Nothing in this chapter shall prevent registered architects or their employees or subordinates under their supervising control from performing engineering services incidental to their architectural practice.

No professional engineer shall practice architecture or use the designation 'architect' or any terms derived therefrom unless that individual is registered pursuant to this chapter. No architect shall practice professional engineering or use the term 'engineer' or any term derived therefrom unless that individual is also qualified and registered as an engineer.

(a) The board shall receive applications for registration as an architect only on forms prescribed and furnished by the board.

Upon receipt of the application and the payment of a fee, as established by the board, the fee in no event exceeding two hundred dollars ($200), the board shall promptly notify the applicant of examination requirements for certification.

The board may contract with an independent testing agency to prepare, grade, or conduct the examination. If the board determines the applicant requires examination, the applicant shall pay the actual cost of the examination directly to the board-authorized testing agency.

(b) The board may issue to an applicant without further examination, a certificate of registration as an architect, provided the applicant holds an unexpired certificate issued to him or her by the National Council of Architectural Registration Boards, hereinafter referred to as 'NCARB.'

(c) Either of the following facts established in the application shall be regarded as prima facie 'evidence' satisfactory to the board that the applicant is fully qualified to be examined for certification:

(1) Graduation after a course of study of a length as the board shall by regulation determine from a school or college of architecture accredited by the National Architectural Accrediting Board, hereinafter referred to as 'NAAB,' and an additional period of practical experience in architectural work under the control and supervision of a registered architect or architects as the board by regulation shall deem appropriate.

(2) Acceptable combinations of education and apprenticeship as may be established by the board. Acceptable combinations of education and apprenticeship shall comply with the standards of education, training, and character as set forth in Appendix 'A' in the 1983 NCARB Circular of Information Number 1. Applicants for examination who meet the aforementioned qualification shall submit notice of intent to sit for the examination before December 30, 1987, or 90 days after the passage of the amendatory act, whichever time period is longer. After that time, the only qualification for examination acceptable to the board shall be graduation from a NAAB accredited school or college and an additional period of practical experience.

Unless exempted, applicants shall take and pass the professional examination administered by the board or an independent testing agency approved by the board.

(d) In determining the sufficiency of the qualifications of the applicant for registration, a majority vote of the members of the board shall be required.

(e) Certificates for registration shall expire on the thirtieth day of September following their issuance or renewal and shall become invalid on that day unless renewed.

Certificates of registrants who are or may be in the armed forces of the United States shall not expire until the thirtieth day of September following the discharge or final separation of the registrant from the armed forces of the United States.

(f) Renewal may be effected at any time prior to or during the month of September by the payment of a fee established by the board not to exceed one hundred fifty dollars ($150).

A penalty not to exceed the sum of seventy-five dollars ($75) may be added to the renewal fee for failure to renew a certificate upon such terms and conditions as the board may by regulation determine. Failure to renew a certificate of registration by December 31 shall result in a lapse of registration.

(g) A registrant whose certificate of registration has lapsed may have it reinstated, if in compliance with other relevant requirements, by filing a renewal form and paying, in addition to the appropriate renewal fee and late penalty, a reinstatement fee of one hundred fifty dollars ($150).

(h) There is hereby created, for renewal of certificate purposes, a status to be known as 'emeritus status architect,' which shall apply to architects who have been registered for 10 consecutive years or longer, and who are 65 years of age or older, and who have retired from active practice. The annual renewal of registration for emeritus status shall be renewed without payment of a fee. If an emeritus status architect subsequently wishes to practice, he may do so without penalty by proper application to the board.

The board shall have the following disciplinary powers:

(1) To issue reprimands to any licensee who violates any provision of this chapter or the rules and regulations of the board;

(2) To levy administrative fines for serious violations of this chapter or the rules and regulations of the board of not more than $5,000 for each day the violation continues, but in no event shall an administrative fine exceed $25,000 total per violation; or

(3) To refuse to issue a certificate, to suspend a certificate for a definite period or to revoke the certificate of registration of an architect who is found guilty of:

a. Any fraud or deceit in obtaining a certificate of registration as determined by the board at a hearing; or

b. Gross negligence, incompetency or misconduct in the practice of architecture as determined by the board at a hearing; or

c. A felony or misdemeanor involving moral turpitude by a court of competent jurisdiction; or

d. Practicing architecture in this state in violation of the standards of professional conduct established by the board; or

e. Practicing architecture in this or any other state or country in violation of the laws of that state or country; or

f. Aiding or abetting any individual, partnership or corporation to engage in the practice of architecture in violation of any provisions of law.

Pursuant to this subdivision (3), notice of the nature of the charges placed against an architect and the time and place of hearing these charges by the board must be sent to the accused by registered mail, with return receipt requested, and addressed to his last known place of business, or residence, not less than 10 days before the date fixed for such hearing. Said notice shall inform the individual that he is entitled to be represented by counsel of his choosing at the hearing, to have witnesses testify in his behalf at the hearing, to confront and cross-examine witnesses at the hearing and to testify in his own behalf at the hearing.

In all cases of reprimand, administrative fine, refusal, suspension or revocation of a certificate of registration, or any other disciplinary action of the board, the accused may appeal to the Circuit Court of Montgomery County, Alabama. Either party, the accused or the board, has the right to appeal from the final decree of the circuit court as provided by law.

(a) Each registrant must obtain a seal of a design authorized by the board bearing the registrant's name, the legend 'Registered Architect(s),' the words 'State of Alabama' and the registrant's license registration number.

(b) Partnerships or corporations performing architectural services in this state must be issued annually a certificate of authorization to practice architecture by the board, and must submit an application and a fee not to exceed $100.00 for a certificate of authorization. Certificates shall be valid from January 1 through December 31 of the year issued. Renewal fees shall not exceed $100.00. Disciplinary action for corporations or partnerships shall be the same as for registered architects. The board retains the initial fee deposited as an application fee if a certificate of registration or authorization is denied an applicant.

The corporation or partnership shall be responsible for the acts of its agents, employees or officers. Also, a certificate of authorization shall be required for corporations or partnerships which operate under an assumed name which does not include the proper names of any registered architects within the firm. Any architect who files articles of incorporation or any corporation which files an amendment to its articles of incorporation must file a copy of the articles of incorporation or the amendment with the board simultaneously with or within 30 days of filing same with the probate judge of the county of incorporation.

(c) Nothing in this chapter shall prevent a registered architect from being employed by a person, firm, partnership, corporation or professional corporation.

(d) Plans, specifications, plates and reports, and all documents prepared by an architect which are issued by a registrant must be stamped with the seal during the life of a registrant's certificate.

It shall be unlawful for anyone to stamp or seal any document with said seal after the certificate or the registrant named thereon has expired or been revoked.

It shall be unlawful for an architect or any other individual to stamp, to cause to be stamped or to allow to be stamped any document or documents which were not prepared under the supervision and control of the registered architect whose stamp is to be affixed thereon.

(e) On or after July 22, 1987, it shall be unlawful: (1) to practice architecture in a branch office not under the day-to-day supervision of a registered architect, or (2) for an architect to falsely represent himself as being in responsible charge of architectural work or to permit his seal, or facsimile thereof, to be used by another for any purpose. Violations shall be penalized as provided in Section 34-2-36 hereof.

On or after April 28, 1999, any person who knowingly, willfully, or intentionally violates any provision of this chapter shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and separate offense.

When it appears to the board that any person is violating any of the provisions of this chapter, the board may in its own name bring an action in the circuit court for an injunction, and said court may enjoin any person from violating this chapter regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.

It shall be lawful for a corporation, a professional corporation or a professional association to practice architecture in this state provided that all officers and voting stockholders are architects or professional engineers registered under the laws of Alabama. Practice of said corporation, professional corporation or professional association shall be under the direct control of an officer who is a duly registered architect in this state and whose name shall appear on all documents of said corporation, professional corporation or professional association in its practice of architecture.

The name of such corporation, professional corporation or professional association shall not contain the names of former partners who, by virtue of death, retirement or resignation, are no longer active participants in the practice of architecture. Upon the death, retirement or resignation of any named partner, the name of the corporation, professional corporation or professional association shall be renamed within two years in accordance with the provisions of this section.

Nothing herein contained shall apply to a corporation, professional corporation or professional association legally practicing architecture in this state on September 7, 1967.

It shall be lawful for a partnership composed of architects and professional engineers registered under the laws of this state to practice architecture. Said partnership must include at least one architect. The practice of said partnership shall be under the direct control of a partner who is a duly registered architect in this state and whose name shall appear on all documents of said partnership in its practice of architecture.

The name of such partnership shall not contain the name of a former partner who, by virtue of death, retirement or resignation, is no longer an active participant in the practice of architecture. Upon the death, retirement or resignation of a partner, said partner's name shall be removed from the name of the partnership within two years in accordance with the provisions of this section.

Foreign corporations who do not otherwise comply with the provisions of this chapter shall not practice architecture in the State of Alabama. However, an individual licensed to practice pursuant to this chapter who is a member of a foreign corporation shall be allowed to practice in the State of Alabama so long as he does so in his individual name.

To carry out the provisions of this chapter, there shall be a State Board for Registration of Architects, consisting of six members, each of whom shall be appointed by the Governor from a list of three persons selected as follows:

(1) All appointments as members of the board shall be architects registered and licensed pursuant to this chapter. The board shall be appointed from the following districts: One from the northern district; two from the north central district; two from the central district, and one from the southern district. The northern district shall be comprised of the Counties of Colbert, Cullman, DeKalb, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, and Winston; the north central district shall be comprised of the Counties of Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Etowah, Fayette, Greene, Hale, Jefferson, Lamar, Pickens, Randolph, Shelby, St. Clair, Sumter, Talladega, Tuscaloosa, and Walker; the central district shall be comprised of the Counties of Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Marengo, Montgomery, Perry, Pike, Russell, Tallapoosa, and Wilcox; and the southern district shall be comprised of the Counties of Baldwin, Choctaw, Clark, Conecuh, Escambia, Mobile, Monroe, and Washington.

(2) Thirty days before the expiration of a board member's term, or for filling a vacancy otherwise occurring, a nominating committee of six members shall be selected by secret ballot from the district entitled to fill the vacancy. The nominating committee shall be elected at a meeting in the district called by the secretary of the board, who shall give notice in writing of the time and place of the called meeting to each architect in the district at least 30 days in advance of the date set for the meeting. Those architects present at the called meeting may vote on the membership of the nominating committee. After the selection of the nominating committee from the district where the vacancy occurs, there shall be a meeting of the committee with the board at the same place within five days to select, by secret ballot, the names of three persons to be sent to the Governor by the secretary of the board. The Governor shall appoint one of the named persons to the board. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state.

(3) The term of office of the members of the board shall be four years and until their successors are appointed and qualified.

(4) A member shall reside and have his or her principal office in the district from which appointed. A member's place on the board shall become vacant if the member removes either his or her residence or principal office from that district.

(a) Each member of the board shall receive a certificate of appointment from the Governor. Before beginning his term of office, each member of the board shall file with the Secretary of State the constitutional oath of office.

(b) The board, or any committee thereof, shall be entitled to the services of the Attorney General in connection with the affairs of the board, and the board shall have the power to compel attendance of witnesses, to require production of documents, to administer oaths and to take testimony and proof concerning all matters within its jurisdiction.

(c) The board shall adopt and have an official seal which shall be affixed to all certificates of registration granted.

(d) The board shall have power and authority to make and adopt bylaws, rules and regulations consistent with the provisions of this chapter and pursuant to the state administrative procedure law in order to comply with the provisions of this chapter and to establish standards of professional conduct of architects.

(e) The board shall adopt a program of continuing education not later than October 1, 1993, in order to insure that all registered architects remain informed of those technical and professional subjects which the board deems appropriate to professional architectural practice. The board may by regulation describe the methods by which the requirements of such program may be satisfied. Failure to meet such requirements of continuing education shall result in nonrenewal of an architect's certificate of registration.

(a) The board shall hold at least four regular meetings each year.

(b) The board shall elect annually a chairman and vice chairman who must be members of said board, and a secretary, who may or may not be a licensee of said board. The board may, with the approval of the Governor, employ clerks, experts, attorneys and others, as may be necessary in the carrying out of the provisions of this chapter.

(c) The board shall have the power, with the approval of the Governor, to fix the compensation of the secretary and other employees.

(d) A quorum of the board shall consist of not less than a majority of the duly appointed board members.

The secretary of the board shall receive and account for all moneys derived from the operation of this chapter. Such moneys shall be certified into the treasury in a fund to be known as the 'Fund of the Board for the Registration of Architects.' Such fund shall be drawn against only for the purposes of this chapter.

The fiscal year shall commence on the first day of October and end on the thirtieth day of September.

Each member of the board shall receive a per diem as recommended by the board consistent with applicable state laws for attending sessions of the board or its committee, and for the time spent in necessary travel to attend meetings of said board or its committee. In addition, each member of the board shall be reimbursed for traveling and clerical expenses incurred in carrying out the provisions of this chapter.

Expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including, but limited to, authorized compensations, additional legal services, experts, clerks, office rent and supplies, shall be paid out of said fund on the warrant of the Comptroller of the state. Such warrant shall be issued on requisitions signed by the chairman and secretary of the board. At no time in any fiscal year shall the total amount of warrants issued exceed the total amount of moneys accumulated in this fund.

The board may make donations from its surplus funds to any state educational institution which has an accredited school of architecture for assistance in promoting education and research programs in architecture.

The chairman and the secretary of the board shall give a surety bond in an amount no less than the previous year's budget payable to the State of Alabama and conditioned upon the faithful performance of their duties under this chapter. The premium of said bond shall be paid out of the moneys in the 'Fund of the Board for the Registration of Architects.'

On or before January 1 of each year, the board shall submit to the Governor a report of its transactions for the preceding fiscal year, together with a complete statement of receipts and disbursements of the board for its last fiscal year, certified by the chairman and the secretary, and a copy of the said roster of registered architects.