2005 Idaho Code - 54-309 — DEFINITIONS -- LIMITATION ON APPLICATION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 3
                                  ARCHITECTS
    54-309.  DEFINITIONS -- LIMITATION ON APPLICATION. (1) Within the meaning
and intent of this chapter, the following words shall be defined as follows:
    (a)  "Architect" means a person who engages in the practice of
    architecture as herein defined, and is licensed under the provisions of
    this chapter.
    (b)  "Building" is an enclosure including improvements related thereto,
    which has as its principal purpose the adaptation of space for occupancy,
    or habitation by human beings.
    (c)  "Practice of architecture" consists of rendering or offering those
    services hereinafter described, in connection with the design,
    construction, enlargement, or alteration of a building or a group of
    buildings. The services covered within this definition include
    architectural planning, advice and consultation; providing preliminary
    studies; architectural designs, drawings and specifications; technical
    submissions; and, administration of construction contracts.
    (d)  "Prototypical building" means any commercial building or space within
    a commercial building that is intended to be constructed in multiple
    locations and that in fact has been constructed in multiple locations, and
    which conveys an owner's intended uniform business program, plan or image.
    (e)  "Prototypical building documents" means technical submissions for
    prototypical buildings that:
         (i)   Are prepared by or under the responsible control of an
         architect then licensed in any jurisdiction and holding the
         certification issued by the national council of architectural
         registration boards;
         (ii)  Identify such architect together with the architect's license
         number, jurisdiction or license and national council of registration
         boards certification number; and
         (iii) Are marked "Prototypical Design Documents Not For
         Construction." Prototypical building documents do not comprise a
         final, comprehensive set of design and construction documents because
         a prototypical building also requires adaptations for local
         conditions including site conditions and may require additional
         design as well.
    (f)  "Responsible control" means that amount of control over and detailed
    knowledge of the content of technical submissions during their preparation
    as is ordinarily exercised by registered architects applying the required
    professional standard of care. Reviewing, or reviewing and correcting,
    technical submissions after they have been prepared by others does not
    constitute the exercise of responsible control because the reviewer has
    neither control over nor detailed knowledge of the content of such
    submissions throughout their preparation.
    (g)  "Technical submissions" involving the practice of architecture,
    consist of designs, drawings, specifications, studies and other technical
    reports prepared in the course of practicing architecture.
    (2)  Nothing contained in this chapter shall be held or construed to have
any application to, or to prevent or affect the following:
    (a)  The practice of engineering or any other profession or trade for
    which a license is required under any law of this state, or the practice
    of consultants, officers, and employees of the United States while engaged
    solely in the practice of architecture for said government.
    (b)  Draftsmen, students, clerks of work, project representatives, and
    others working under the supervision of those lawfully practicing as
    architects under the provisions of this chapter from acting under the
    instruction, control, or supervision of their supervisors, or to prevent
    the employment of clerks of work or inspectors of buildings paid by the
    owners from acting, if under the control or direction of a licensed
    architect who has prepared the drawings and specifications for the
    building.
    (c)  The rendering of any architectural service required in the erection,
    enlargement, alteration, or repair of any building, where such building is
    to be, or is used as a single or multiple family residence not exceeding
    three (3) units or two (2) stories in height, or as a farm building; or
    for the purpose of outbuildings or auxiliary buildings in connection with
    such residential or farm premises.
    (d)  The rendering of any architectural service required in the erection,
    enlargement, alteration, or repair of any building which does not involve
    the public health or safety.
    (e)  The preparation of shop drawings by persons other than architects for
    use in connection with the execution of their work; or the preparation of
    drawings of fixtures, or other appliances or equipment, or for any work
    necessary to provide for their installation.
    (f)  Expert consultation rendered to an architect by a consultant, whether
    licensed or not, employed by the architect to consult, advise, and assist
    as long as the architect approves, adopts and is responsible for the
    results of such consultation, advice and assistance.
    (g)  An intern working under the supervision of a licensed architect,
    including the use of the title "architectural intern," as may be
    established and limited by board rule.
    (h)  The use of the title "architect" by a person previously licensed as
    an architect in good standing whose license has lapsed based upon
    retirement, to identify the person's profession but not for the purpose of
    practicing architecture.
    (i)  The use of the title "architect" in this state by a person licensed
    as an architect and in good standing in another jurisdiction, to identify
    the person's profession in circumstances that would not lead a reasonable
    person to believe that the person using the title "architect" is offering
    to perform any of the services within the practice of architecture in this
    state.