(1) For purposes of this section, the term “business entity” means any partnership, professional association, joint enterprise, corporation, professional corporation, limited liability company or professional limited liability company engaging in the practice of architectural services in this state.
(2) Each active partner, member or stockholder, and each officer, director or manager of a foreign or domestic business entity of architects, architects and landscape architects, architects and engineers, or architects, landscape architects and engineers, must hold a certificate to practice architecture, landscape architecture or engineering in that member’s state of residence; and, each foreign business entity doing business in this state shall have at least one (1) active member or stockholder who holds a certificate to practice architecture in this state. No business entity shall be entitled to a certificate to practice architecture in this state.
(3) Nothing in this chapter shall be construed to prohibit a business entity that is composed of one (1) or several duly registered architects and duly registered landscape architects, or one (1) or several duly registered professional engineers and duly registered architects, or one (1) or several duly registered professional engineers, duly registered architects and duly registered landscape architects; and it shall be lawful for such business entity to use in its title any combination of the words, “engineers and architects” “architects and landscape architects”, or “engineers, landscape architects and architects”; provided, however, that all announcements, cards, stationery, printed matter and listings of the business entity shall indicate whether each member is a registered architect, a registered engineer or a registered landscape architect, and shall disclose the name of at least one (1) person who is licensed as an architect in this state. Employees of a business entity who are not registered as architects, engineers or landscape architects in a business entity between architects, architects and engineers, architects and landscape architects, or architects, landscape architects and engineers, may only use business cards for that business entity if the employee’s job title is clearly stated.
(4) In any business entity with ownership by a registered landscape architect or landscape architects, as described in this section, a minimum of two-thirds (2/3) of the partners, joint owners, stockholders, directors, officers, members, managers and others, depending on the legal structure of the business entity, shall be registered architects or registered professional engineers and no more than one-third (1/3) of the individual or collective ownership interest of the business entity may be owned by the landscape architect or landscape architects, whichever is applicable.
(5) In a business entity between one (1) or several registered architects and registered professional engineers or one (1) or several registered architects and registered landscape architects, or one (1) or several registered architects, registered engineers and registered landscape architects engaging in the practice of architectural services in this state, any contract or agreement to provide architectural services as the prime design professional shall be executed on behalf of the business entity by a partner, stockholder, director, member, manager or officer of the business entity, with authority to contractually bind the business entity. A partner, stockholder, director, member, manager or officer who is an architect registered in this state shall exercise responsible control over the particular architectural services contracted for by the business entity and that architect’s name and seal shall appear on all documents prepared by the business entity in its practice of architecture. Other partners, stockholders, directors, members, managers or officers shall not direct the professional judgment of the architect in responsible control over the practice of architecture by the business entity. Any business entity engaging in the practice of architectural services in this state shall furnish the board with such information about its organization, ownership and activities as the board shall require through the board’s rulemaking authority under Section 73-1-9.
(6) No business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, stockholders, directors, members or managers. No individual practicing architecture under this chapter shall be relieved of responsibility for architectural services performed by reason of employment or other relationship with any such business entity. A partner, stockholder, director, member or manager of a business entity between architects, architects and engineers, architects and landscape architects, or architects, landscape architects and engineers is not liable for the negligence, wrongful acts, misconduct, or omissions of other agents, employees, partners, stockholders, directors, members, or managers of the business entity unless the individual is at fault for failing to provide responsible control over them.
(7) Each person holding a certificate to practice architecture in this state shall post such certificate in a prominent place in the architect’s place of business. Failure to post the certificate shall be sufficient cause for revocation of such certificate.
(8) The following persons and practices shall be exempted from the provisions of this chapter:Draftsmen, students, clerks-of-work and other employees of those lawfully practicing as registered architects under the provisions of this chapter acting under the instruction, responsible control or supervision of a licensed architect.
Draftsmen, students, clerks-of-work and other employees of those lawfully practicing as registered architects under the provisions of this chapter acting under the instruction, responsible control or supervision of a licensed architect.