The Oregon Board of Architect Examiners (the “Board”) proposes modifications to ORS 671.010 to 671.220, which govern the practice of architecture in Oregon. The Board intends to submit the proposed modifications to the Governor’s office for approval in January 2022. If the Governor approves, the proposed modifications shall be submitted to the Oregon legislature for adoption in the 2023 legislative session.
The Board welcomes comments from the Oregon architectural community before they are submitted to the Governor and to the legislature for action. Accordingly, the Board has made a draft of the proposed modifications available at the Board’s website here. Comments about the proposed changes may be submitted directly to the Board at the mailing or email address provided at the Board’s website. Furthermore, the Board may take public comment on the proposed changes to ORS 671.010 to 671.220 at its meetings scheduled for August 13, 2021, October 15, 2021 and December 10, 2021.
YOU ARE INVITED TO JOIN OTHERS IN THE ARCHITECTURAL COMMUNITY TO DISCUSS THE CHANGES TO ORS 671.010 to 671.220 PROPOSED BY THE BOARD.
Register for the 6/3 AIA Oregon Thursday Roundtable to join OSBAE Law Review Committee members Curt Wilson, Eric Sandoval, and Mark Jacobsen to review the recommended changes to current statutes and discuss their impacts on the practice of architecture. Curt, Eric, and Mark are participating to represent the AIAO Legislative Affairs Committee.
The practice of architecture in Oregon is governed by statutes in ORS 671.010 to 671.220 and rules in OAR 806. Statutes are modified through the legislative process, and rules are modified by the applicable agency. Statutes and rules are intended to be complimentary with statutes providing the overall regulatory framework and rules guiding the implementation. The OSBAE Law Review Committee was convened to provide a comprehensive evaluation of the ORS 671.010 to 671.020 and one of the committee’s charges was modify statutes to provide the overall regulatory framework with the understanding that the rules in OAR 806 will need to be modified to clarify implementation requirements. An OSBAE committee is currently reviewing OAR 806.
Summary of the Most Significant Proposed Changes to ORS 671.010 to 671.220
This summary is not authored, issued, or endorsed by the Board. It is provided for your convenience by the AIA Oregon Legislative Affairs Committee. The summary does not describe every proposed modification to ORS 671.010 to 671.220.
ORS 671.010. Definitions for ORS 671.010 to 671.220
A primary objective of the Board is to update ORS 671.010 to 671.220 to use terminology and to describe concepts related to architectural practice in a way that is more consistent with architectural practice across the country. Proposed modifications to definitions are influenced by the NCARB Model Law, and by statutes from other jurisdictions that govern architecture in those jurisdictions. Significant modifications include:
Proposed ORS 671.010(5) adds a new defined term “construction phase services” to better describe architectural practice during construction than the current reference to “observing of the erection, enlargement or alteration of any building.”
Proposed ORS 671.010(7) provides more detail regarding activities that constitute the “practice of architecture,” a currently defined term.
Proposed ORS 671.010(13) adds a new defined term “responsible control,” which is that amount of control over and knowledge of services that is consistent with the standard of care.
Proposed ORS 671.010(15) defines “technical submissions” as documents necessary to confirm compliance with regulatory requirements (essentially, permit documents) or necessary to fabricate or construct a building (essentially, construction documents). “Technical submissions” replaces “drawings and specifications” throughout ORS 671.010 to 671.220.
ORS 671.020 Registration requirement; consulting architects; foreign architects; use of title; stamp; use of name
ORS 671.020(5) is simplified to provide that technical submissions must be stamped by a registered architect and that the stamp constitutes certification that the architect was in responsible control of the content. Also, architects are responsible for controlling the use of their stamp.
ORS 671.025 Certain technical submissions to carry stamp
There are two significant proposed modifications to ORS 671.025:
First, pursuant to the proposed modifications, registered professional engineers will no longer be able to stamp architectural technical submissions submitted for a building permit. Proposed ORS 671.025(1)(a) (“registered professional engineer” is deleted) and proposed ORS 671.025(4) (“or engineer” is deleted).
Second, architects will be required to maintain records and documentation sufficient to demonstrate their responsible charge over the preparation of technical submissions. Proposed ORS 671.025(6).
ORS 671.030 Activities not considered as “practice of architecture.”
Consistent with the proposed modifications is ORS 671.025, the proposed modifications to ORS 671.30(1),(2)(a) and (2)(d) remove professional engineering as an exception to activities considered the practice of architecture.
ORS 671.041 Provision of architectural services by a firm.
There are two significant proposed modifications to ORS 671.041.
First, the proposed modifications to ORS 671.041(2) fundamentally changes the requirements for firms to practice architecture in Oregon. An architectural firm’s board of directors or ownership will no longer be required to be made up of at least two-thirds architects and engineers and one-third architects registered to practice. Instead of a board or ownership composition requirement, the Board proposes that the person or persons in charge of the practice of architecture in Oregon: 1) must have full authority and responsible control over the provision of architectural services by the firm in Oregon; 2) must be employed in the office of the firm that directs and controls the firm’s practice of architecture in Oregon, and 3) must be registered to practice architecture in Oregon.
Second, proposed ORS 671.041(3) would allow firms located outside of Oregon and not registered in Oregon to offer to provide architectural services in Oregon so long as they notify the client that the firm is not registered in Oregon, and so long as that the firm registers to practice in Oregon prior to providing services.
ORS 671.045 Liability of corporate entity providing architectural services
The proposed modifications to ORS 671.045 clarify that the shareholders, directors, officers, employees, agents or members of any corporate entity may be held personally liable for their own negligence or misconduct. The corporate entity is jointly and severally liable for the negligence or misconduct of the corporate entity’s shareholders, directors, officers, employees, agents or members. The proposed modifications are not intended to substantively change Oregon law.
ORS 671.047 Application of general corporation law to corporate entities
The proposed modifications to ORS 671.047 recognize that architectural firms may be organized under several different chapters of the Oregon Revised Statutes.
ORS 671.050 to ORS 671.065 (regarding initial registration of architects)
The proposed revisions to ORS 671.050 to 671.065 update the requirements for initial registration by examination and based on recognition by the National Council of Architectural Registration Boards.
ORS 671.080 Renewal; fee; effect of failure to renew; reinstatement; inactive status
The proposed modifications to ORS 671.080 extend the late registration renewal period from 30 to 60 days, and clarifies the effect of failure to renew within 60 days of an architect’s registration renewal deadline.
ORS 671.085 Fees
The proposed modification to ORS 671.085 replaces the list of activities for which the Board may charge fees with grant of authority for the Board to determine fees it should charge.
ORS 671.090 Grounds for denial, suspension or revocation of certificates; ORS 671.100 Disciplinary authority of board; complaints; ORS 671.120 State Board of Architect Examiners; members; term; chair; ORS 671.125 Rulemaking authority of board;
The proposed modifications to ORS 671.090, 671.100, 671.120, and 671.125 do not appear to be substantive modifications.
ORS 671.220 Civil penalties; injunction; effect of failure to be registered; representation of membership in trade or professional organization; use of civil penalty moneys
The proposed modification to ORS 671.220(4) would allow the Board to assess costs and attorney fees against a person subject to a civil penalty or sanction authorized under ORS 671.220.