Chapter 4 - Architects
CHAPTER 4 - ARCHITECTS
33-4-101. Definitions.
(a) As used in this act:
(i) "Building" means a structure, including all thecomponents which a structure comprises, including structural, mechanical andelectrical systems, intended for use as shelter for man and his possessions;
(ii) "Practice of architecture" means rendering oroffering to render service to clients generally, including any one or anycombination of the following practices or professional services; advice,consultation, planning, architectural design, drawings and specifications;general administration of the contract as the owner's representative during theconstruction phase, wherein expert knowledge and skill are required inconnection with the erection, enlargement or alteration of any building orbuildings, or the equipment, or utilities thereof, or the accessories thereto,wherein the safeguarding of life, health or property is concerned or involved;
(iii) "Architect" means anyone licensed to practicearchitecture under this act;
(iv) "Practice of landscape architecture" meansrendering or offering to render service to clients generally, including any oneor any combination of the following practices or professional services; advice,consultation, planning, landscape architectural design, drawings andspecifications; general administration of the contract as the owner'srepresentative during the construction phase, wherein expert knowledge andskill are required in connection with landscape enhancement or landscapedevelopment, including the formulation of graphic or written criteria to governthe planning or design of land construction projects, production of overallsite plans, landscape grading and landscape drainage plans, planting plans,irrigation plans, and construction details wherein in the safeguarding of life,health or property is concerned;
(v) "Landscape architect" means anyone licensed topractice landscape architecture under this act;
(vi) "Board" means the Wyoming state board ofarchitects and landscape architects;
(vii) "This act" means W.S. 33-4-101 through 33-4-117.
33-4-102. Board of architects and landscape architects; created; composition;qualifications of members.
Thereis hereby created and established a board to be known as the Wyoming stateboard of architects and landscape architects, which shall be composed of three(3) practicing architects, one (1) practicing landscape architect and one (1)member of the public of integrity and ability, who shall be residents of thestate of Wyoming. The architects and landscape architect shall have practicedarchitecture or landscape architecture continuously in the state of Wyoming fora period of at least five (5) years prior to their appointment.
33-4-103. Board of architects and landscape architects; appointmentand term of members; vacancies; removal.
Thegovernor shall appoint the members of the board of architects and landscapearchitects as provided in W.S. 33-4-102. Each member shall serve a term ofthree (3) years or until his successor has been appointed. The governor shallfill all vacancies occurring in the board. The governor may remove any boardmember as provided in W.S. 9-1-202.
33-4-104. Board of architects and landscape architects; meetings andofficers; powers and duties.
(a) The board shall elect a president, vice-president, andsecretary-treasurer. The board shall hold regular meetings at least once eachyear, with the date and place to be set by the board. The board may meet asdesignated by a majority of the board. A majority of the board shallconstitute a quorum. The board shall have authority to administer oaths, takeaffidavits, summon witnesses and take testimony as to matters coming within thescope of its duties. The board shall have the authority to enter intointerstate or intrastate agreements and associations with other boards oflicensure for the purpose of establishing reciprocity, developing examinations,evaluating applicants or other activities to enhance the services of the boardto the state, the licensee and the public. The board shall adopt a seal to beaffixed to all licenses issued and shall adopt rules and regulations inaccordance with the Wyoming Administrative Procedure Act. The board shallestablish minimum educational requirements which shall be without prejudice,partiality or discrimination. The board may appoint or contract an executivesecretary and other individuals deemed necessary to administer the affairs ofthe board and shall furnish necessary support and clerical services. Costsrelated to these services shall be paid from the account as provided in W.S.33-4-109. The secretary of the board shall keep a record of the proceedings ofthe board, which shall at all times be open to public inspection.
(b) All meetings of the board shall be conducted in accordancewith W.S. 16-4-403, except that the board may hold executive sessions asprovided by W.S. 16-4-405.
33-4-105. Application for examination; qualifications.
(a) Any person wishing to practice architecture or landscapearchitecture in this state who is not a licensed architect or landscapearchitect shall make application for examination as prescribed by the board.
(b) Each applicant shall:
(i) Be an adult;
(ii) Have a good reputation for honesty, trustworthiness,integrity and competence in the practice of architecture or landscapearchitecture;
(iii) Hold a professional degree in architecture or landscapearchitecture from an accredited school of architecture or landscapearchitecture with practical experience, as the board deems appropriate.
(c) Until July 1, 1992 the board may license a person without aprofessional degree from an accredited school of architecture or landscapearchitecture, who has successfully completed the examination and who has thepractical experience required by the board.
(d) Any person currently practicing landscape architecture inthis state who holds a degree from an accredited school of landscapearchitecture and has at least five (5) years experience as a landscapearchitect prior to July 1, 1991 shall be exempt from taking the examination andshall be awarded a license to practice landscape architecture after meeting theother requirements of this act.
(e) The board shall provide by rules and regulationsrequirements for practical experience.
33-4-106. Issuance of license; reexamination.
Ifthe applicant is qualified, the board shall issue his license to practicearchitecture or landscape architecture. Any applicant who fails to pass anexamination may be reexamined in the subjects which he failed at the nextregularly scheduled examination date, upon the payment of an additionalexamination fee.
33-4-107. License fee and renewal fee set by board; notice ofexpiration; failure to renew.
Personspracticing architecture or landscape architecture within this state shall payinitial and renewal license fees as set by the board pursuant to W.S. 33-1-201.Initial licenses shall expire on the thirty-first day of December of the yearfollowing the date of issuance. A renewal license shall be issued by the boardupon application and payment of the renewal fee, and shall be for a two (2)year period. Application for renewal shall be accompanied by evidencesatisfactory to the board of compliance with this act and participation incontinuing education activities as established by rules and regulations of theboard, provided that requirements for renewal shall be no more stringent thanthe requirements recommended by the national council of architecturalregistration boards or the council of landscape architectural registrationboards. The board may waive the continuing education requirement for the firstrenewal of a license. The secretary of the board shall notify each registrantby mail at his last known address at least two (2) months prior to the date ofthe expiration of his license. Failure of a licensee to secure renewal of hislicense prior to the date of its expiration shall forfeit his license topractice architecture within the state, provided, however, that the secretaryof the board shall again notify the registrant by certified mail at his lastknown address at least two (2) weeks before the expiration date. Any licenseeon active duty in the armed forces of the United States, or who shall establishhis residence elsewhere, upon returning to the state may apply for a renewal ifthe license was not revoked for any cause.
33-4-108. Licensing decisions of board.
Exceptas provided in W.S. 33-4-115(c), all decisions of the board involving thegranting, denial, renewal, revocation, suspension or withdrawal of a licenseshall be conducted pursuant to the provisions of the Wyoming AdministrativeProcedure Act.
33-4-109. Disposition of money collected; compensation, mileage andper diem for members of board.
Allmoney shall be received and deposited to a separate account and payments madeaccording to regulations established by the department of administration and information.The members of the board shall receive per diem and mileage allowance asprovided in W.S. 9-3-102, for each official board meeting. The total expensefor every purpose incurred by the board shall not exceed the total of revenuecollected.
33-4-110. Interstate reciprocity.
Personslicensed to practice architecture or landscape architecture under the laws ofany other state having requirements substantially equal to those provided forin this act may, in the discretion of the board, be issued a license topractice in this state without examination upon payment of the license fees asherein provided.
33-4-111. Persons not required to comply with provisions.
Allofficers and employees of the United States government while engaged ingovernmental work in this state shall not be required to comply with theprovisions of this act. Landscape architecture as applied in this act shall notrestrict the practice of architecture, or engineering; nor shall it restrictthe customary services normally rendered by landscape nurseries and landscapecontractors.
33-4-112. Persons required to qualify or register as"architect"; exceptions.
Allpersons shall register as an architect in order to make architectural plans andspecifications for buildings except those buildings which are specificallyexempted in W.S. 33-4-117.
33-4-113. Use of title "architect" or "landscapearchitect".
Noperson shall use the title "architect" or any title, sign, card ordevice to indicate that the person is practicing architecture or is anarchitect unless the person is licensed as an architect under the provisions ofthis act. No person shall use the title "landscape architect" or anytitle, sign, or card to indicate such person is practicing landscape architecture,unless the person is licensed as a landscape architect under the provisions ofthis act. Nothing in this act shall be construed to permit a person licensed asa landscape architect to use the title "architect" or to practicearchitecture.
33-4-114. Prohibited acts; penalty for violations.
(a) It is a misdemeanor for any person to:
(i) Sell, fraudulently obtain or furnish any license or renewallicense to practice architecture or landscape architecture; or
(ii) Without being licensed under this act:
(A) Advertise, represent or in any manner hold himself out asan architect or landscape architect;
(B) Engage in the practice of architecture or landscapearchitecture;
(C) Use in connection with his business or name, or otherwiseassume, use or advertise any title or description, or engage in any otherconduct which reasonably might be expected to mislead another to believe theperson is an architect or landscape architect; or
(D) Without being an officer of the corporation, to engage inthe practice of architecture or landscape architecture as a corporation.
(b) A person convicted under subsection (a) of this sectionshall be punished by a fine of not more than seven hundred fifty dollars($750.00) or by imprisonment for not more than six (6) months, or both.
(c) The board may, through the attorney general, seek to enjoinany person from committing any act in violation of this section. The boardshall not be required to prove irreparable injury to enjoin any violation ofthis section.
33-4-115. Grounds for refusal, suspension or revocation of license;notice; hearing; counsel at hearing.
(a) The board may take disciplinary actions, singularly or incombination, against a licensee upon a finding of:
(i) Fraud, deceit or material misstatement of fact in applyingfor a license or in passage of the examination provided for in this act;
(ii) Untrustworthiness, incompetency or misconduct in thepractice of architecture as evidenced by conduct which endangers life, health,property or the public welfare;
(iii) Mental incompetency;
(iv) Fraud or deceit in the practice of architecture orlandscape architecture;
(v) Affixing, or permitting to be affixed, a seal upon adocument which the architect or landscape architect was not responsible forpreparing;
(vi) Violating this act or a rule or regulation of the boardpromulgated pursuant to this act;
(vii) Suspension or revocation of licensure by another state; or
(viii) Conviction under W.S. 33-4-114, or conviction in anotherstate of any crime which would constitute a violation of W.S. 33-4-114 had theactions been taken in this state. A copy of the judgment of convictioncertified by the rendering court shall be presumptive evidence of theconviction in any hearing under this section. For purposes of this paragraph"conviction" includes a plea of nolo contendere or its equivalent.
(b) Except as provided in subsection (c) of this section,before refusing to issue a license, suspending or revoking a license for anyreason set forth in this section the board shall notify the person as requiredin the Wyoming Administrative Procedure Act. If the applicant or licenseerequests a hearing before the board, the board shall hold a hearing inaccordance with the Wyoming Administrative Procedure Act.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-4-116. Documents, plans and designs; seal required.
Anarchitect or landscape architect shall affix his seal to all documents, plansor designs he provides.
33-4-117. Exemptions.
(a) Nothing in this act prohibits any person from preparingplans and specifications, designing, planning or administering the constructioncontracts for the construction, alteration, remodeling or repair of any of thefollowing:
(i) Private residences;
(ii) Garages, commercial or industrial buildings, officebuildings, preengineered metal buildings and buildings for the marketing,storage or processing of farm products and warehouses, which do not exceed two(2) stories in height, exclusive of a one (1) story basement, and which underapplicable building code or codes, are not designed for occupancy by more thanten (10) persons;
(iii) Farm buildings;
(iv) Nonstructural alterations of any nature to any building ifthe alterations do not affect the safety of the occupants of the building.
(b) Nothing in this act shall be construed:
(i) As curtailing or extending the rights of any other legallyrecognized profession;
(ii) As prohibiting the practice of architecture by any legallyqualified architect of this state or another state who is employed by theUnited States government while in the discharge of his official duties;
(iii) To prevent the independent employment of a registeredprofessional engineer for any professional service related solely to civil,structural, mechanical or electrical engineering in connection with anybuilding or building project.
(c) This act in no way supersedes, overrides or amends theprovisions of chapter 29 of this title regarding registration of professionalengineers and professional land surveyors.