740 Professions and Occupations Ch. 180
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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions
from existing statutes and such material not part of act.
CHAPTER 180
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PROFESSIONS AND OCCUPATIONS
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HOUSE BILL 06-1196
BY REPRESENTATIVE(S) Balmer, Borodkin, Coleman, Liston, Marshall, McCluskey, Paccione, Welker, Berens, Hall, Jahn,
Kerr J., Rose, Stafford, and Sullivan;
also SENATOR(S) Tapia, Kester, Teck, Tochtrop, and Williams.
AN ACT
CONCERNING THE CONSOLIDATION OF THE EXISTING REGULATION OF ENGINEERING-RELATED
PROFESSIONS, AND, IN CONNECTION THEREWITH, CONSOLIDATING THE STATE BOARD OF
LICENSURE FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS AND THE STATE
BOARD OF EXAMINERS OF ARCHITECTS INTO THE STATE BOARD OF LICENSURE FOR ARCHITECTS,
PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS, CONTINUING THE REGULATION
OF ARCHITECTURE, CLARIFYING WHAT CONSTITUTES A RECORD SET OF DRAWINGS AND THE
PROPER USE OF AN ARCHITECT'S STAMP ON SUCH DRAWINGS, IMPOSING PROFESSIONAL
LIABILITY, CLARIFYING ISSUES CONCERNING ARCHITECTURAL FIRMS, AUTHORIZING THE USE OF
THE NAM E OF A DEPARTED PARTNER IN THE NAM E OF A FIRM, CHANGING CERTAIN NOTIFICATIONS
CONCERNING SETTLEMENTS OR JUDGMENTS, REQUIRING THAT A CRIME THAT TRIGGERS
DISCIPLINE BE RELATED TO THE PRACTICE OF ARCHITECTURE, AND REPEALING CERTAIN BOARD
NOTIFICATION REQUIREMENTS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Repeal. 24-34-104 (37) (h), Colorado Revised Statutes, is
repealed as follows:
24-34-104. General assembly review of regulatory agencies and functions for
termination, continuation, or reestablishment. (37) The following agencies,
functions, or both, shall terminate on July 1, 2006:
(h) The state board of examiners of architects, created by article 4 of title 12,
C.R.S.;
SECTION 2. 24-34-104 (44) (l), Colorado Revised Statutes, is amended to read:
24-34-104. General assembly review of regulatory agencies and functions for
termination, continuation, or reestablishment. (44) The following agencies,
Ch. 180 Professions and Occupations 741
functions, or both, shall terminate on July 1, 2013:
(l) The state board of licensure for ARCHITECTS, professional engineers, and
professional land surveyors in the department of regulatory agencies, created by part
1 of article 25 of title 12 SECTION 12-25-106, C.R.S.;
SECTION 3. 10-1-122, Colorado Revised Statutes, is amended to read:
10-1-122. Reporting of malpractice claims against architects. Each insurance
company doing business in this state and engaged in the writing of malpractice
insurance for architects shall send to the Colorado state board of examiners of
architects STATE BOARD OF LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS,
AND PROFESSIONAL LAND SURVEYORS, in the form prescribed by the commissioner,
information relating to each malpractice claim against a licensed architect or a
corporation, partnership, or group of persons practicing architecture that is settled
or in which judgment is rendered against the insured within ninety days after the
effective date of such settlement or judgment.
SECTION 4. 12-25-101, Colorado Revised Statutes, is amended to read:
12-25-101. General provisions. In order to safeguard life, health, and property
and to promote the public welfare, the practice of engineering is declared to be
subject to regulation in the public interest. It shall be deemed that the right to
engage in the practice of engineering is a privilege granted by the state through the
state board of licensure for ARCHITECTS, professional engineers, and professional
land surveyors, created in section 12-25-106; that the profession involves personal
skill and presupposes a period of intensive preparation, internship, due examination,
and admission; and that a professional engineer's license is solely such professional
engineer's own and is nontransferable.
SECTION 5. 12-25-102 (1), Colorado Revised Statutes, is amended to read:
12-25-102. Definitions. As used in this part 1, unless the context otherwise
requires:
(1) "Board" means the state board of licensure for ARCHITECTS, professional
engineers, and professional land surveyors, created in section 12-25-106.
SECTION 6. 12-25-106 (1) and (3), Colorado Revised Statutes, are amended to
read:
12-25-106. State board of licensure - subject to termination - repeal of
article. (1) A state board of licensure for ARCHITECTS, professional engineers, and
professional land surveyors is hereby created, the duty of which shall be to
administer the provisions of this part 1 and part 2 of this article. Duties of the board
shall include those provided in sections 12-25-107, and 12-25-207, AND 12-25-307.
(3) The board shall consist of nine THIRTEEN members. Four members shall be
professional engineers, with no more than two OF THE FOUR engaged in the same
discipline of engineering service or practice; three members shall be practicing
professional land surveyors; THREE MEMBERS SHALL BE PRACTICING LICENSED
742 Professions and Occupations Ch. 180
ARCHITECTS; and two THREE members shall be citizens of the United States and
residents of this state for at least one year who have not been engaged in PRACTICED
ARCHITECTURE, engineering, or land surveying.
SECTION 7. 12-25-119, Colorado Revised Statutes, is amended to read:
12-25-119. Prior actions. (1) The board shall take over, assume, and continue
all actions and requirements regarding engineers from its predecessor, the state
board of registration for professional engineers and land surveyors. There shall be
no legal discontinuity, and previously licensed engineers shall continue their
licensure as professional engineers.
(2) THE NAME CHANGE FROM THE STATE BOARD OF LICENSURE FOR PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS TO THE STATE BOARD OF
LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND
SURVEYORS SHALL NOT BE CONSTRUED TO CHANGE THE ENTITY. THERE SHALL BE
NO LEGAL DISCONTINUITY, AND PREVIOUSLY LICENSED ENGINEERS SHALL CONTINUE
THEIR LICENSURE AS PROFESSIONAL ENGINEERS, AND ANY OBLIGATIONS OF THE
BOARD OR OF PERSONS TO THE BOARD SHALL NOT BE AFFECTED BY THE NAME
CHANGE.
SECTION 8. 12-25-202 (1), Colorado Revised Statutes, is amended to read:
12-25-202. Definitions. As used in this part 2, unless the context otherwise
requires:
(1) "Board" means the state board of licensure for ARCHITECTS, professional
engineers, and professional land surveyors, created by section 12-25-106.
SECTION 9. 12-25-219, Colorado Revised Statutes, is amended to read:
12-25-219. Prior actions. (1) The board shall take over, assume, and continue
all actions and requirements regarding land surveyors from its predecessor, the state
board of registration for professional engineers and professional land surveyors.
There shall be no legal discontinuity, and previously licensed land surveyors shall
continue their licensure as professional land surveyors.
(2) THE NAME CHANGE FROM THE STATE BOARD OF LICENSURE FOR PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS TO THE STATE BOARD OF
LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND
SURVEYORS SHALL NOT BE CONSTRUED TO CHANGE THE ENTITY. THERE SHALL BE
NO LEGAL DISCONTINUITY, AND PREVIOUSLY LICENSED LAND SURVEYORS SHALL
CONTINUE THEIR LICENSURE AS LAND SURVEYORS, AND ANY OBLIGATIONS OF THE
BOARD OR OF PERSONS TO THE BOARD SHALL NOT BE AFFECTED BY THE NAME
CHANGE.
SECTION 10. 24-1-122 (3) (c) and (3) (u), Colorado Revised Statutes, are
amended to read:
24-1-122. Department of regulatory agencies - creation. (3) The following
boards and agencies are transferred by a type 1 transfer to the department of
Ch. 180 Professions and Occupations 743
regulatory agencies and allocated to the division of registrations:
(c) Colorado state board of examiners of architects, created by article 4 of title
12, C.R.S.;
(u) State board of licensure for ARCHITECTS, professional engineers, and
professional land surveyors, created by part 1 of article 25 of title 12 SECTION
12-25-106, C.R.S.;
SECTION 11. 25-5-702 (5), Colorado Revised Statutes, is amended to read:
25-5-702. Definitions. As used in this part 7, unless the context otherwise
requires:
(5) "Qualified tramway design engineer" or "qualified tramway construction
engineer" means an engineer licensed by the state board of licensure for
ARCHITECTS, professional engineers, and professional land surveyors pursuant to
part 1 of article 25 of title 12, C.R.S., to practice professional engineering in this
state.
SECTION 12. 38-50-103 (1), (2) (a), (3), and (4), Colorado Revised Statutes,
are amended to read:
38-50-103. Public records - monument records. (1) The state board of
licensure for ARCHITECTS, professional engineers, and professional land surveyors,
created in section 12-25-106, C.R.S., shall employ personnel at the expense of such
board's licensed professional land surveyors to maintain a monument record filing
system for all monument records filed in accordance with section 38-53-104.
(2) (a) The state board of licensure for ARCHITECTS, professional engineers, and
professional land surveyors shall transmit a copy of each monument record accepted
for filing, without fee, to the county clerk and recorder for the county in which the
monument is located.
(3) Certified copies of monument records of the state board of licensure for
ARCHITECTS, professional engineers, and professional land surveyors shall be
evidence in all courts and places in this state.
(4) No fee shall be charged by the state board of licensure for ARCHITECTS,
professional engineers, and professional land surveyors for the filing of monument
records. The cost of maintaining the monument record files shall be recouped as
part of the renewal fee charged to licensees. Such renewal fee shall be calculated
to cover the costs of the staff and equipment necessary to maintain the monument
record filing system.
SECTION 13. 38-51-102 (5), Colorado Revised Statutes, is amended to read:
38-51-102. Definitions. As used in this article, unless the context otherwise
requires:
(5) "Board" means the state board of licensure for ARCHITECTS, professional
744 Professions and Occupations Ch. 180
engineers, and professional land surveyors, created in section 12-25-106, C.R.S.
SECTION 14. 38-53-103 (5), Colorado Revised Statutes, is amended to read:
38-53-103. Definitions. As used in this article, unless the context otherwise
requires:
(5) "Board" means the state board of licensure for ARCHITECTS, professional
engineers, and professional land surveyors, created in section 12-25-106, C.R.S.
SECTION 15. Article 25 of title 12, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW PART, CONTAINING RELOCATED
PROVISIONS, WITH AMENDMENTS, to read:
PART 3
ARCHITECTS
12-25-301. [Formerly 12-4-101] General provisions. The regulatory authority
established by this article PART 3 is necessary to safeguard the life, health, property,
and public welfare of the people of this state and to protect them against
unauthorized, unqualified, and improper practice of architecture.
12-25-302. [Formerly 12-4-102] Definitions. As used in this article PART 3,
unless the context otherwise requires:
(1) "Architect" means a person licensed under the provisions of this article PART
3 and entitled thereby to conduct a practice of architecture in the state of Colorado.
(2) "Board" means the Colorado state board of examiners of architects STATE
BOARD OF LICENSURE FOR ARCHITECTS, PROFESSIONAL ENGINEERS, AND
PROFESSIONAL LAND SURVEYORS, CREATED IN SECTION 12-25-106.
(3) "Buildings" means buildings of any type for public or private use, including
the structural, mechanical, and electrical systems, utility services, and other facilities
required for said buildings.
(3.5) (4) "Drawings" means the original documents produced to describe a
project. Such original documents may be produced by computer assisted design and
drafting software, commonly known as "CADD", or other means.
(4) (5) "Dwellings" means private residences intended for permanent occupancy
by one or more families but does not include apartment houses, lodging houses,
hotels, or motels.
(5) (6) (a) The "practice of architecture" means the performance of the
professional services of planning and design of buildings, preparation of
construction contract documents including working drawings and specifications for
the construction of buildings, and the observation of construction pursuant to an
agreement between an architect and any other person, but does not include the
performance of the construction of buildings.
Ch. 180 Professions and Occupations 745
(b) An architect's professional services, unless performed pursuant to the
exemptions set forth in section 12-4-112 12-25-303 by a person who is not an
architect, may include any or all of the following:
(I) Investigations, evaluations, schematic and preliminary studies, designs,
working drawings, and specifications for construction, or for one or more buildings,
and for the space within and surrounding the buildings or structures;
(II) Coordination of the work of technical and special consultants;
(III) Compliance with generally applicable codes and regulations, and assistance
in the governmental review process;
(IV) Technical assistance in the preparation of bid documents and agreements
between clients and contractors;
(V) Contract administration; and
(VI) Construction observation.
(6) (7) "Responsible control" means that amount of control over and detailed
knowledge of the content of technical submissions as defined in section 12-4-110
(2) (c) 12-25-304 (3) (c) during their preparation as is ordinarily exercised by a
licensed architect applying the required standard of care.
12-25-303. [Formerly 12-4-112] Exemptions. (1) Nothing in this article PART
3 shall prevent any person, firm, corporation, or association from preparing plans
and specifications for, designing, planning, or administering the construction
contracts for construction, alterations, remodeling, additions to, or repair of, any of
the following:
(a) One-, two-, three-, and four-family dwellings, including accessory buildings
commonly associated with such dwellings;
(b) Garages, industrial buildings, offices, farm buildings, and buildings for the
marketing, storage, or processing of farm products, and warehouses, which THAT
do not exceed one story in height, exclusive of a one-story basement, and, which
under applicable building code, or codes, are not designed for occupancy by more
than ten persons;
(c) Additions, alterations, or repairs to the foregoing buildings which REFERRED
TO IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (1) THAT do not cause the
completed buildings to exceed the applicable limitations set forth in this subsection
(1);
(d) Nonstructural alterations of any nature to any building if such alterations do
not affect the life safety of the occupants of the building.
(2) Nothing in this article PART 3 shall prevent, prohibit, or limit any municipality
or county of this state, home rule or otherwise, from adopting such building codes
as may, in the reasonable exercise of the police power of said governmental unit, be
746 Professions and Occupations Ch. 180
necessary for the protection of the inhabitants of said municipality or county.
(3) Nothing in this article PART 3 shall be construed as curtailing or extending the
rights of any other profession or craft.
(4) Nothing in this article PART 3 shall be construed as prohibiting the practice
of architecture by any employee of the United States government or any bureau,
division, or agency thereof while in the discharge of his OR HER official duties.
(5) Nothing in this article PART 3 shall be construed to prevent the independent
employment of a licensed professional engineer practicing pursuant to part 1 of
article 25 of this title.
(6) (a) Except as provided in paragraph (b) of this subsection (6), nothing in this
article PART 3 shall be construed to prevent an interior designer from preparing
interior design documents and specifications for interior finishes and nonstructural
elements within and surrounding interior spaces of a building or structure of any
size, height, and occupancy and filing such documents and specifications for the
purpose of obtaining approval for a building permit as provided by law from the
appropriate city, city and county, or regional building authority, which may approve
or reject any such filing in the same manner as for other professions.
(b) Interior designers shall not be engaged in the construction of the structural
frame system supporting a building; mechanical, plumbing, heating, air
conditioning, ventilation, OR electrical vertical transportation systems; fire-rated
vertical shafts in any multi-story structure; fire-related protection of structural
elements; smoke evacuation and compartmentalization; emergency sprinkler
systems; emergency alarm systems; or any other alteration affecting the life safety
of the occupants of a building. Any interior designer shall, as a condition of filing
interior design documents and specifications for the purpose of obtaining approval
for a building permit, provide to the responsible building official of the jurisdiction
a current copy of the interior designer's professional liability insurance coverage that
is in force. No interior designer shall be subject to any of the restrictions set forth
in paragraphs (b) and (d) of subsection (1) of this section.
(c) As used in this subsection (6), "interior designer" means a person who:
(I) Engages in:
(A) Consultation, study, design analysis, drawing, space planning, and
specification for nonstructural or nonseismic interior construction with due concern
for the life safety of the occupants of the building;
(B) Preparing and filing interior design documents for the purpose of obtaining
approval for a building permit as provided by law for nonstructural or nonseismic
interior construction, materials, finishes, space planning, furnishings, fixtures,
equipment, lighting, and reflected ceiling plans;
(C) Designing for fabrication nonstructural elements within and surrounding
interior spaces of buildings; or
Ch. 180 Professions and Occupations 747
(D) The administration of design construction and contract documents, as the
clients' agent, relating to the functions described in sub-subparagraphs (A) to (C) of
this subparagraph (I), and collaboration with specialty consultants and licensed
practitioners in other areas of technical expertise; and
(II) Possesses written documentation that he or she:
(A) Has graduated with a degree in interior design from a college or university
offering such program consisting of four or more years of study and has completed
two years of interior design experience; or
(B) Has graduated with a degree in interior design from a college or university
offering such program consisting of two or more years of study and has completed
four years of interior design experience; and
(C) Has met the education and experience requirements of, and has subsequently
passed, the qualification examination promulgated by the national council for
interior design qualification or its successor organization.
(d) As used in this subsection (6), "nonstructural or nonseismic" includes interior
elements or components that are not load-bearing or that do not assist in the seismic
design and do not require design computations for a building's structure. Common
nonstructural or nonseismic elements or components include, but are not limited to,
ceiling and partition systems that employ normal and typical bracing conventions
and are not part of the structural integrity of the building.
12-25-304. [Formerly 12-4-110 (1), (1.5), (2), and (4)] Forms of organizations
permitted to practice - requirements. (1) Except as otherwise provided in this
section, no firm, partnership, entity, or group of persons may SHALL be licensed to
practice architecture; but EXCEPT THAT a partnership, entity, or group of persons
may use the term "architects" in its business name if a majority of the INDIVIDUAL
officers, and directors, or members or partners are EITHER licensed architects UNDER
THIS PART 3 OR PERSONS WHO QUALIFY FOR A LICENSE BY ENDORSEMENT UNDER
SECTION 12-25-314 (3).
(1.5) (2) The practice of architecture by the following entities is permitted,
subject to subsection (2) (3) of this section:
(a) A corporation that complies with the "Colorado Business Corporation Act",
articles 101 to 117 of title 7, C.R.S.;
(b) A limited liability company that complies with the "Colorado Limited
Liability Company Act", article 80 of title 7, C.R.S.;
(c) A registered limited liability partnership that has registered in accordance with
section 7-60-144, C.R.S., or qualified in accordance with section 7-64-1002, C.R.S.
(2) (3) An entity listed in subsection (1.5) (2) of this section may practice
architecture, but only if:
(a) The practice of architecture by such entity is under the direct supervision of
748 Professions and Occupations Ch. 180
an architect, licensed in the state of Colorado, who is an officer of the corporation,
a member of the limited liability company, or a partner in the registered limited
liability partnership;
(b) Such architect remains individually responsible to the board and the public
for his or her professional acts and conduct; AND
(c) All architectural plans, designs, drawings, specifications, or reports that are
involved in such practice, issued by or for such entity, bear the seal and signature
of an architect in responsible control of, and directly responsible for, such
architectural work when issued. and
(d) (I) The articles of incorporation, operating agreement, or partnership
agreement, as the case may be, of such entity provide and all shareholders,
members, or partners of the entity agree that all shareholders, members, or partners
of the entity are liable for all acts, errors, and omissions of the employees, members,
and partners of the entity except during periods of time when the entity maintains
in good standing professional liability insurance which meets the following
minimum standards:
(A) The policy insures the entity against liability imposed upon it by law for
damages arising out of the negligent acts, errors, and omissions of all professional
and nonprofessional employees, members, and partners; and
(B) The insurance is in a policy amount of at least seventy-five thousand dollars
multiplied by the number of architects, up to a maximum of five hundred thousand
dollars, or, if practicing with an entity composed of architects and professional
engineers, by the number of architects and engineers, up to a maximum of five
hundred thousand dollars.
(II) In addition, the policy may include:
(A) A provision that it shall not apply to: Any dishonest, fraudulent, criminal, or
malicious act or omission of the insured entity or any stockholder, employee,
member, or partner thereof; and the conduct of any business enterprise (as
distinguished from the practice of architecture) engaged in by the insured entity or
in which the insured entity may be a partner or which may be controlled, operated,
or managed by the insured entity in its own or in a fiduciary capacity, including the
ownership, maintenance, or use of any property in connection therewith, any bodily
injury to, or sickness, disease, or death of, any person, or any injury to or destruction
of any tangible property, including the loss of use thereof;
(B) Any other reasonable provisions with respect to policy periods, territory,
claims, conditions, and other usual matters.
(4) (a) Nothing in this article PART 3 shall be construed as prohibiting THE
FORMATION OF a corporation, limited liability company, registered limited liability
partnership, joint venture, partnership, or association between CONSISTING OF one
or several architects or corporations meeting the requirements of subsection (2) (3)
of this section and one or several professional engineers, all duly licensed or
registered under the respective provisions of the applicable laws of this state.
Ch. 180 Professions and Occupations 749
(b) It is lawful for such an entity to use in its title the words "architects and
engineers".
(c) No identifying media used by any member of such entity shall mislead the
public as to the fact that such member is licensed as an architect or as a professional
engineer.
12-25-305. [Formerly 12-4-113 (1), (1.5), (2), and (2.5)] Unlawful practice
- penalties - enforcement. (1) It is a class 3 misdemeanor for any person,
including any corporation, association, or partnership, to:
(a) Sell or fraudulently obtain or furnish a license or renewal of a license to
practice architecture; or
(b) Engage in conduct which THAT is intended or reasonably might be expected
to mislead the public into believing that such person is an architect; or
(c) Without having a license issued under this article PART 3:
(I) Advertise, represent, or hold himself OR HERSELF out in any manner as an
architect unless practicing pursuant to section 12-4-112 12-25-303 (4);
(II) Engage in the practice of architecture unless practicing pursuant to section
12-4-112 12-25-303 (4) or, if a corporation or partnership or group of persons,
practicing pursuant to section 12-4-110 12-25-304;
(III) (Deleted by amendment, L. 98, p. 776, § 8, effective July 1, 1998.)
(IV) Engage in the practice of an architect as a corporation or partnership or
group of persons unless such entity meets the requirements of section 12-4-110
12-25-304.
(1.5) Nothing in this section shall prohibit a person who is licensed to practice
architecture in another jurisdiction of the United States from soliciting work in
Colorado. Such person shall not perform the practice of architecture in this state
without first having obtained a license from the board or having associated with an
architect licensed in this state who is associated with the project at all stages of the
project.
(2) Such misdemeanor shall be prosecuted by the district attorney of the judicial
district in which the offense was committed, or the attorney general of the state of
Colorado, in the name of the people of the state of Colorado.
(3) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S ASSISTANT SHALL ACT
AS LEGAL ADVISOR TO THE BOARD AND RENDER SUCH TIMELY LEGAL ASSISTANCE AS
MAY BE NECESSARY IN CARRYING OUT THIS PART 3. WITH THE CONCURRENCE OF
THE ATTORNEY GENERAL, THE BOARD MAY EMPLOY COUNSEL AND ASSISTANCE
NECESSARY TO AID IN THE ENFORCEMENT OF THIS PART 3, AND THE COMPENSATION
AND EXPENSES THEREFOR SHALL BE PAID FROM THE FUNDS OF THE BOARD.
(2.5) (4) (a) If the board has reasonable cause to believe that any person is
750 Professions and Occupations Ch. 180
violating any provision of this section or any lawful rule or regulation issued under
this section, in addition to all other actions provided for in this article and without
prejudice thereto, the board or its designee may enter an order requiring such person
to cease and desist from violating this section or such rule or regulation and, in
addition, may request that an action be brought on relation of the people of the state
of Colorado by the attorney general or by the district attorney of the district in which
the violation is alleged to have occurred, to enjoin such person from engaging in or
continuing such violation or from doing any act in furtherance thereof. In any such
action, an order or judgment may be entered awarding such preliminary or final
injunction as may be deemed proper. IF IT APPEARS TO THE BOARD, BASED UPON
CREDIBLE EVIDENCE AS PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT
A LICENSEE IS ACTING IN A MANNER THAT IS AN IMMINENT THREAT TO THE HEALTH
AND SAFETY OF THE PUBLIC, OR A PERSON IS ACTING OR HAS ACTED WITHOUT THE
REQUIRED LICENSE, THE BOARD MAY ISSUE AN ORDER TO CEASE AND DESIST SUCH
ACTIVITY. THE ORDER SHALL SET FORTH THE STATUTES AND RULES ALLEGED TO
HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION,
AND THE REQUIREMENT THAT ALL UNLAWFUL ACTS OR UNLICENSED PRACTICES
IMMEDIATELY CEASE.
(b) WITHIN TEN DAYS AFTER SERVICE OF THE ORDER TO CEASE AND DESIST
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4), THE LICENSEE OR PERSON
ALLEGED TO HAVE ACTED WITHOUT A LICENSE MAY REQUEST A HEARING ON THE
QUESTION OF WHETHER ACTS OR PRACTICES IN VIOLATION OF THIS PART 3 HAVE
OCCURRED. SUCH HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS 24-4-104
AND 24-4-105, C.R.S.
(5) (a) IF IT APPEARS TO THE BOARD, BASED UPON CREDIBLE EVIDENCE AS
PRESENTED IN A WRITTEN COMPLAINT BY ANY PERSON, THAT A PERSON HAS
VIOLATED ANY OTHER PROVISION OF THIS PART 3, THEN, IN ADDITION TO ANY
SPECIFIC POWERS GRANTED PURSUANT TO THIS PART 3, THE BOARD MAY ISSUE TO
SUCH PERSON AN ORDER TO SHOW CAUSE AS TO WHY THE BOARD SHOULD NOT ISSUE
A FINAL ORDER DIRECTING SUCH PERSON TO CEASE AND DESIST FROM THE
UNLAWFUL ACT OR UNLICENSED PRACTICE.
(b) A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5) SHALL BE PROMPTLY
NOTIFIED BY THE BOARD OF THE ISSUANCE OF THE ORDER, ALONG WITH A COPY OF
THE ORDER, THE FACTUAL AND LEGAL BASIS FOR THE ORDER, AND THE DATE SET BY
THE BOARD FOR A HEARING ON THE ORDER. SUCH NOTICE MAY BE SERVED BY
PERSONAL SERVICE; BY FIRST-CLASS UNITED STATES MAIL, POSTAGE PREPAID; OR AS
MAY BE PRACTICABLE UPON ANY PERSON AGAINST WHOM SUCH ORDER IS ISSUED.
PERSONAL SERVICE OR MAILING OF AN ORDER OR DOCUMENT PURSUANT TO THIS
SUBSECTION (5) SHALL CONSTITUTE NOTICE THEREOF TO THE PERSON.
(c) (I) THE HEARING ON AN ORDER TO SHOW CAUSE SHALL BE COMMENCED NO
SOONER THAN TEN AND NO LATER THAN FORTY-FIVE CALENDAR DAYS AFTER THE
DATE OF TRANSMISSION OR SERVICE OF THE NOTIFICATION BY THE BOARD AS
PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (5). THE HEARING MAY BE
CONTINUED BY AGREEMENT OF ALL PARTIES BASED UPON THE COMPLEXITY OF THE
MATTER, NUMBER OF PARTIES TO THE MATTER, AND LEGAL ISSUES PRESENTED IN THE
MATTER, BUT IN NO EVENT SHALL THE HEARING COMMENCE LATER THAN SIXTY
Ch. 180 Professions and Occupations 751
CALENDAR DAYS AFTER THE DATE OF TRANSMISSION OR SERVICE OF THE
NOTIFICATION.
(II) IF A PERSON AGAINST WHOM AN ORDER TO SHOW CAUSE HAS BEEN ISSUED
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5) DOES NOT APPEAR AT THE
HEARING, THE BOARD MAY PRESENT EVIDENCE THAT NOTIFICATION WAS PROPERLY
SENT OR SERVED UPON SUCH PERSON PURSUANT TO PARAGRAPH (b) OF THIS
SUBSECTION (5) AND SUCH OTHER EVIDENCE RELATED TO THE MATTER AS THE
BOARD DEEMS APPROPRIATE. THE BOARD SHALL ISSUE THE ORDER WITHIN TEN DAYS
AFTER THE BOARD'S DETERMINATION RELATED TO REASONABLE ATTEMPTS TO
NOTIFY SUCH PERSON, AND THE ORDER SHALL BECOME FINAL AS TO THAT PERSON BY
OPERATION OF LAW. SUCH HEARING SHALL BE CONDUCTED PURSUANT TO SECTIONS
24-4-104 AND 24-4-105, C.R.S.
(III) IF THE BOARD REASONABLY FINDS THAT THE PERSON AGAINST WHOM THE
ORDER TO SHOW CAUSE WAS ISSUED IS ACTING OR HAS ACTED WITHOUT THE
REQUIRED LICENSE, OR HAS OR IS ABOUT TO ENGAGE IN ACTS OR PRACTICES
CONSTITUTING VIOLATIONS OF THIS PART 3, A FINAL CEASE AND DESIST ORDER MAY
BE ISSUED, DIRECTING SUCH PERSON TO CEASE AND DESIST FROM FURTHER
UNLAWFUL ACTS OR UNLICENSED PRACTICES.
(IV) THE BOARD SHALL PROVIDE NOTICE, IN THE MANNER SET FORTH IN
PARAGRAPH (b) OF THIS SUBSECTION (5), OF THE FINAL CEASE AND DESIST ORDER
WITHIN TEN CALENDAR DAYS AFTER THE HEARING CONDUCTED PURSUANT TO THIS
PARAGRAPH (c) TO EACH PERSON AGAINST WHOM THE FINAL ORDER HAS BEEN
ISSUED. THE FINAL ORDER ISSUED PURSUANT TO SUBPARAGRAPH (III) OF THIS
PARAGRAPH (c) SHALL BE EFFECTIVE WHEN ISSUED AND SHALL BE A FINAL ORDER
FOR PURPOSES OF JUDICIAL REVIEW.
(6) IF IT APPEARS TO THE BOARD, BASED UPON CREDIBLE EVIDENCE PRESENTED
TO THE BOARD, THAT A PERSON HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN AN
UNLICENSED ACT OR PRACTICE; ANY ACT OR PRACTICE CONSTITUTING A VIOLATION
OF THIS PART 3, ANY RULE PROMULGATED PURSUANT TO THIS PART 3, OR ANY ORDER
ISSUED PURSUANT TO THIS PART 3; OR ANY ACT OR PRACTICE CONSTITUTING
GROUNDS FOR ADMINISTRATIVE SANCTION PURSUANT TO THIS PART 3, THE BOARD
MAY ENTER INTO A STIPULATION WITH SUCH PERSON.
(7) IF ANY PERSON FAILS TO COMPLY WITH A FINAL CEASE AND DESIST ORDER OR
A STIPULATION, THE BOARD MAY REQUEST THE ATTORNEY GENERAL OR THE
DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT IN WHICH THE ALLEGED VIOLATION
EXISTS TO BRING, AND IF SO REQUESTED SUCH ATTORNEY SHALL BRING, SUIT FOR A
TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY
FURTHER OR CONTINUED VIOLATION OF THE FINAL ORDER.
(8) A PERSON AGGRIEVED BY THE FINAL CEASE AND DESIST ORDER MAY SEEK
JUDICIAL REVIEW OF THE BOARD'S DETERMINATION OR OF THE BOARD'S FINAL ORDER
IN A COURT OF COMPETENT JURISDICTION.
12-25-306. Board - composition - appointments - terms. (1) TO BE ELIGIBLE
FOR MEMBERSHIP ON THE BOARD, AN ARCHITECT SHALL BE:
752 Professions and Occupations Ch. 180
(a) A UNITED STATES CITIZEN AND A RESIDENT OF COLORADO FOR AT LEAST ONE
YEAR; AND
(b) A LICENSED ARCHITECT IN THE STATE OF COLORADO AND HAVE PRACTICED
ARCHITECTURE FOR AT LEAST THREE YEARS PRIOR TO THEIR APPOINTMENT.
(2) THE GOVERNOR, IN MAKING APPOINTMENTS OF ARCHITECTS TO THE BOARD,
SHALL ENDEAVOR TO SELECT THE MOST HIGHLY QUALIFIED MEMBERS OF THE
PROFESSION WILLING TO SERVE ON THE BOARD. STAGGERED APPOINTMENTS SHALL
BE MADE SO THAT NOT MORE THAN ONE MEMBER'S TERM EXPIRES IN ANY ONE YEAR,
AND THEREAFTER APPOINTMENTS SHALL BE FOR TERMS OF FOUR YEARS EACH.
APPOINTEES SHALL BE LIMITED TO TWO FULL TERMS EACH. EXCEPT AS OTHERWISE
PROVIDED IN SUBSECTION (3) OR (4) OF THIS SECTION, EACH BOARD MEMBER SHALL
HOLD OFFICE UNTIL THE EXPIRATION OF THE TERM FOR WHICH SUCH MEMBER IS
APPOINTED OR UNTIL A SUCCESSOR HAS BEEN DULY APPOINTED, WHICHEVER OCCURS
FIRST.
(3) IN THE EVENT OF AN ARCHITECTURE VACANCY ON THE BOARD DUE TO
RESIGNATION, DEATH, OR ANY CAUSE RESULTING IN AN UNEXPIRED TERM, THE
GOVERNOR SHALL FILL SUCH VACANCY PROMPTLY.
(4) THE GOVERNOR MAY REMOVE AN ARCHITECT MEMBER OF THE BOARD FOR
OFFICIAL MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY.
12-25-307. [Formerly 12-4-104 (2) and (5)] Powers and duties of the board.
(2) (1) The board is authorized to:
(a) Adopt such rules and regulations as may be necessary to implement the
provisions of this article PART 3, including rules for disciplining licensed architects;
(b) Adopt a seal, of which the secretary shall have the care and custody;
(c) (b) Examine and license duly qualified applicants, and renew the licenses of
duly qualified architects;
(d) (c) Conduct hearings upon complaints concerning the conduct of architects;
(e) (d) Cause the prosecution of all persons violating this article PART 3 by the
district attorney or by the attorney general pursuant to section 12-4-113 12-25-305;
(f) (e) Require every licensed architect to have a stamp as prescribed by the
board.
(5) (2) The board shall: communicate annually in writing to all architects
licensed pursuant to this article stating any changes in board rules or this title,
making specific reference to any changes to licensing requirements enacted over the
course of the previous year.
(a) KEEP A RECORD OF ITS PROCEEDINGS AND OF ALL APPLICATIONS FOR
LICENSING OR CERTIFICATION UNDER THIS PART 3. THE APPLICATION RECORD FOR
EACH APPLICANT SHALL INCLUDE:
Ch. 180 Professions and Occupations 753
(I) NAME, AGE, AND RESIDENCE OF THE APPLICANT;
(II) DATE OF APPLICATION;
(III) PLACE OF BUSINESS;
(IV) EDUCATION OF THE APPLICANT;
(V) ARCHITECTURE AND OTHER APPLICABLE EXPERIENCE OF THE APPLICANT;
(VI) TYPE OF EXAMINATION REQUIRED;
(VII) DATE AND TYPE OF ACTION BY THE BOARD; AND
(VIII) SUCH OTHER INFORMATION AS MAY BE DEEMED NECESSARY BY THE
BOARD.
(b) MAKE AVAILABLE THROUGH PRINTED OR ELECTRONIC MEANS THE FOLLOWING:
(I) THE ARCHITECT STATUTES ADMINISTERED BY THE BOARD;
(II) A LIST OF THE NAMES AND ADDRESSES OF RECORD OF ALL CURRENTLY
LICENSED ARCHITECTS;
(III) THE RULES OF CONDUCT FOR ARCHITECTS ADOPTED PURSUANT TO
PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION; AND
(IV) THE RULES OF THE BOARD AND SUCH OTHER PERTINENT INFORMATION AS
THE BOARD DEEMS NECESSARY.
12-25-308. [Formerly 12-4-111 (2), (2.5), (3) (b), (4), and (5)] Disciplinary
actions - grounds for discipline. (2) (1) Grounds for disciplinary action include:
THE BOARD MAY DENY, SUSPEND, REVOKE, OR REFUSE TO RENEW THE LICENSE OF,
PLACE ON PROBATION, OR LIMIT THE SCOPE OF PRACTICE OF A LICENSEE FOR THE
FOLLOWING:
(a) Fraud, misrepresentation, deceit, or material misstatement of fact in procuring
or attempting to procure a license; or
(b) Any act or omission which THAT fails to meet the generally accepted
standards of the practice of architecture, as evidenced by conduct which THAT
endangers life, health, property, or the public welfare; or
(h) (c) Conviction of, or pleading guilty OR NOLO CONTENDERE to, a felony in
Colorado CONCERNING THE PRACTICE OF ARCHITECTURE or to any AN EQUIVALENT
crime outside Colorado. that would constitute a felony in Colorado. A certified
copy of the judgment of a court of competent jurisdiction of such conviction or plea
shall be presumptive evidence of such conviction or plea in any hearing under this
article; for the purposes of this paragraph (h), a plea of nolo contendere, or its
equivalent, accepted by the court shall be considered as a conviction; however, PART
3. The board shall be governed by the provisions of section 24-5-101, C.R.S., in
754 Professions and Occupations Ch. 180
considering such conviction or plea.
(e) (d) Affixing a seal or allowing a seal to be affixed to any document of which
the architect was neither the author nor in responsible control of preparation; or
(f) (e) Violation of, or aiding or abetting in the violation of, the provisions of this
article PART 3 or any adopted rule or regulation promulgated by the board in
conformance with the provisions of this article PART 3 or any order of the board
issued in conformance with the provisions of this article; or PART 3;
(i) (f) Use of false, deceptive, or misleading advertising; or
(o) (g) Performing services beyond one's competency, training, or education;
(n) (h) Failure to render adequate professional control of persons practicing
architecture under the responsible control of a licensed architect; or
(j) (i) Habitual intemperance with respect to, or excessive use of, any
habit-forming drug, any controlled substance as defined in section 12-22-303 (7),
or any alcoholic beverage, any of which renders him OR HER unfit to practice
architecture; or
(k) (j) Any use of a schedule I controlled substance, as defined in section
18-18-203, C.R.S.; or
(k) VIOLATION OF THE NOTIFICATION REQUIREMENTS IN SECTION 12-25-312;
(l) FAILURE TO PAY A FINE ASSESSED UNDER THIS PART 3;
(l) (m) Failure to report to the board any architect known to have violated any
provision of this article or any board order or rule or regulation; or
(d) (n) Fraud or deceit in the practice of architecture; or
(c) (o) Mental incompetency; or
(m) (p) Making or offering to make any gift (other than a gift of nominal value
such as reasonable entertainment or hospitality), donation, payment, or other
valuable consideration to influence a prospective or existing client or employer
regarding the employment of the architect; except that nothing in this paragraph (m)
(p) shall restrict an employer's ability to reward an employee for work obtained or
performed. or
(g) (Deleted by amendment, L. 88, p. 466, § 7, effective July 1, 1988.)
(3) (b) (I) (2) (a) When a complaint or investigation discloses an instance of
misconduct that, in the opinion of the board, does not warrant formal action by the
board but that should not be dismissed as being without merit, a letter of admonition
may be issued and sent, by certified mail, to the licensee.
(II) (b) When a letter of admonition is sent by the board, by certified mail, to a
Ch. 180 Professions and Occupations 755
licensee, such licensee shall be advised that he or she has the right to request in
writing, within twenty days after receipt of the letter, that formal disciplinary
proceedings be initiated to adjudicate the propriety of the conduct upon which the
letter of admonition is based.
(III) (c) If the request for adjudication is timely made, the letter of admonition
shall be deemed vacated and the matter shall be processed by means of formal
disciplinary proceedings.
(2.5) (3) Any disciplinary action in another state or jurisdiction on grounds
substantially similar to those that would constitute a violation under this article PART
3 shall be prima facie evidence of grounds for disciplinary action, including denial
of licensure, under this section.
(5) (4) (a) In addition to the penalties provided for in subsection (3) (2) of this
section, any person violating any provision of this article PART 3 or any standards
or rules or regulations promulgated pursuant to this article PART 3 may be punished
upon a finding of misconduct by the board, made pursuant to article 4 of title 24,
C.R.S. In an administrative proceeding against a licensee, the board may impose
a fine of not more than five thousand dollars.
(b) All fines collected pursuant to this section shall be transferred to the state
treasurer, who shall credit such moneys to the general fund.
(4) (5) If, as a result of a proceeding held pursuant to article 4 of title 24, C.R.S.,
the board determines that a person licensed to practice architecture pursuant to this
article PART 3 has acted in such a manner as to be subject to disciplinary action, the
board may, in lieu of or in addition to other forms of disciplinary action that may be
authorized by this section, require a licensee to take courses of training or education
relating to his OR HER profession. The board shall determine the conditions which
THAT may be imposed on such licensee, including, but not limited to, the type and
number of hours of training or education. All training or education courses are
subject to approval by the board, and the licensee shall be required to furnish
satisfactory proof of completion of any such training or education.
12-25-309. [Formerly 12-4-104 (3), 12-4-111 (1) and (8), and 12-4-113 (3)]
Disciplinary proceedings - injunctions. (1) [Formerly 12-4-111 (1)] The board
upon its own motion may, and upon the receipt of a signed complaint in writing
from any person shall, investigate the activities of any licensee or other person
which THAT present grounds for disciplinary action as specified in this article PART
3.
(2) DISCIPLINARY HEARINGS SHALL BE CONDUCTED BY THE BOARD OR BY AN
ADMINISTRATIVE LAW JUDGE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OF
TITLE 24, C.R.S., AND SHALL BE HELD IN THE MANNER PRESCRIBED IN ARTICLE 4 OF
TITLE 24, C.R.S.
(3) [Formerly 12-4-104 (3)] (a) The board or an administrative law judge shall
have the power to administer oaths, take affirmations of witnesses, and issue
subpoenas to compel the attendance of witnesses and the production of all relevant
papers, books, records, documentary evidence, and materials in any hearing,
756 Professions and Occupations Ch. 180
investigation, accusation, or other matter coming before the board. The board may
appoint an administrative law judge pursuant to part 10 of article 30 of title 24,
C.R.S., to take evidence and to make findings and report them to the board.
(b) Upon failure of any witness to comply with such subpoena or process, the
district court of the county in which the subpoenaed person or licensee resides or
conducts business, upon application by the board or director OF THE DIVISION OF
REGISTRATIONS WITHIN THE DEPARTMENT OF REGULATORY AGENCIES with notice to
the subpoenaed person or licensee, may issue to the person or licensee an order
requiring that person or licensee to appear before the board or director; to produce
the relevant papers, books, records, documentary evidence, or materials if so
ordered; or to give evidence touching the matter under investigation or in question.
Failure to obey the order of the court may be punished by the court as a contempt
of court.
(4) [Formerly 12-4-113 (3)] The board may, in the name of the people of the
state of Colorado, through the attorney general of the state of Colorado, apply for
an injunction in any court of competent jurisdiction to enjoin any person from
committing any act declared to be a misdemeanor by this article PART 3. In order
to obtain such injunction the board need not prove irreparable injury.
(5) THE COURT OF APPEALS SHALL HAVE INITIAL JURISDICTION TO REVIEW ALL
FINAL ACTIONS AND ORDERS OF THE BOARD THAT ARE SUBJECT TO JUDICIAL REVIEW.
SUCH PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 24-4-106
(11), C.R.S.
(6) [Formerly 12-4-111 (8)] When a complaint or an investigation discloses an
instance of misconduct that, in the opinion of the board, warrants formal action, the
complaint shall not be resolved by a deferred settlement, action, judgment, or
prosecution.
12-25-309.5. [Formerly 12-4-111 (6)] Reconsideration and review of board
actions. The board, on its own motion or upon application, at any time after the
imposition of any discipline as provided in this section, may reconsider its prior
action and reinstate or restore such license or terminate probation or reduce the
severity of its prior disciplinary action. The taking of any such further action, or the
holding of a hearing with respect thereto, shall rest in the sole discretion of the
board.
12-25-310. [Formerly 12-4-107 (1) and 12-4-111 (7)] Application for
licensing. (1) [Formerly 12-4-107 (1)] An applicant shall submit an application
that includes evidence of education and practical experience as required by this
section 12-25-314 and the rules and regulations of the board. Such application shall
also include a signed statement that the applicant has never been denied licensure
as an architect or been disciplined with regard to the practice of architecture or
practiced architecture in violation of the law. If the board determines that any AN
applicant has committed any of the acts specified as grounds for discipline under
section 12-4-111 (2) 12-25-308 (1), it may deny an application for examination or
licensure. In making such a determination, the board shall be governed by the
provisions of section 24-5-101, C.R.S. If the applicant has not complied with the
provisions of section 12-4-111 (7) SUBSECTION (3) OF THIS SECTION, the board shall
Ch. 180 Professions and Occupations 757
deny an application for examination or licensure.
(2) WHEN THE BOARD IS REVIEWING OR CONSIDERING CONVICTION OF A CRIME,
IT SHALL BE GOVERNED BY SECTION 24-5-101, C.R.S.
(3) [Formerly 12-4-111 (7)] No licensee whose license is revoked shall be
allowed to apply for licensure earlier than two years after the effective date of the
revocation.
12-25-311. Professional liability. (1) THE SHAREHOLDERS, MEMBERS, OR
PARTNERS OF AN ENTITY THAT PRACTICES ARCHITECTURE ARE LIABLE FOR THE ACTS,
ERRORS, AND OMISSIONS OF THE EMPLOYEES, MEMBERS, AND PARTNERS OF THE
ENTITY EXCEPT WHEN THE ENTITY MAINTAINS A QUALIFYING POLICY OF
PROFESSIONAL LIABILITY INSURANCE AS SET FORTH IN SUBSECTION (2) OF THIS
SECTION.
(2) (a) A QUALIFYING POLICY OF PROFESSIONAL LIABILITY INSURANCE SHALL
MEET THE FOLLOWING MINIMUM STANDARDS:
(I) THE POLICY INSURES THE ENTITY AGAINST LIABILITY IMPOSED UPON IT BY LAW
FOR DAMAGES ARISING OUT OF THE NEGLIGENT ACTS, ERRORS, AND OMISSIONS OF
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES, MEMBERS, AND PARTNERS;
AND
(II) THE INSURANCE IS IN A POLICY AMOUNT OF AT LEAST SEVENTY-FIVE
THOUSAND DOLLARS MULTIPLIED BY THE TOTAL NUMBER OF ARCHITECTS AND
ENGINEERS IN OR EMPLOYED BY THE ENTITY, UP TO A MAXIMUM OF FIVE HUNDRED
THOUSAND DOLLARS.
(b) IN ADDITION, THE POLICY MAY INCLUDE:
(I) A PROVISION THAT IT SHALL NOT APPLY TO THE FOLLOWING:
(A) A DISHONEST, FRAUDULENT, CRIMINAL, OR MALICIOUS ACT OR OMISSION OF
THE INSURED ENTITY OR ANY STOCKHOLDER, EMPLOYEE, MEMBER, OR PARTNER;
(B) THE CONDUCT OF A BUSINESS ENTERPRISE THAT IS NOT THE PRACTICE OF
ARCHITECTURE BY THE INSURED ENTITY;
(C) THE CONDUCT OF A BUSINESS ENTERPRISE IN WHICH THE INSURED ENTITY
MAY BE A PARTNER OR THAT MAY BE CONTROLLED, OPERATED, OR MANAGED BY THE
INSURED ENTITY IN ITS OWN OR IN A FIDUCIARY CAPACITY, INCLUDING, BUT NOT
LIMITED TO, THE OWNERSHIP, MAINTENANCE, OR USE OF PROPERTY;
(D) BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF A PERSON; OR
(E) DAMAGE TO, OR DESTRUCTION OF, TANGIBLE PROPERTY OWNED BY THE
INSURED ENTITY.
(II) ANY OTHER REASONABLE PROVISIONS WITH RESPECT TO POLICY PERIODS,
TERRITORY, CLAIMS, CONDITIONS, AND MINISTERIAL MATTERS.
758 Professions and Occupations Ch. 180
12-25-312. [Formerly 12-4-117] Notification to board. Each architect shall
notify the board of any action or arbitration in which claims regarding JUDGMENT
OR SETTLEMENT INVOLVING THE ARCHITECT AND RESULTING FROM A CLAIM
CONCERNING the life safety of the occupants of the A building. are made. Such
notification shall be made THE ARCHITECT SHALL NOTIFY THE BOARD within ninety
SIXTY days of notice to the architect of such action or arbitration AFTER THE
JUDGMENT OR SETTLEMENT.
12-25-313. Eligibility for architect. TO BE ELIGIBLE FOR LICENSING AS AN
ARCHITECT, AN APPLICANT SHALL PROVIDE DOCUMENTATION OF TECHNICAL
COMPETENCE.
12-25-314. [Formerly 12-4-107 (2), (3), and (5)] Qualifications for architect
licensure. (2) (1) The board shall set minimum educational and experience
requirements for applicants within the following guidelines:
(a) The board may require:
(I) No more than three years of practical experience under the direct supervision
of a licensed architect or an architect exempt under the provisions of section
12-4-112 12-25-303 (4) and either:
(A) A professional degree from a program accredited by the national architectural
accrediting board OR ITS SUCCESSOR; or
(B) Substantially equivalent education or experience approved by the board, with
the board requiring no more than five years of such education and experience; or
(II) No more than ten years of practical experience under the direct supervision
of a licensed architect or an architect exempt under the provisions of section
12-4-112 12-25-303 (4); or
(III) A combination of such practical experience and education, which
combination shall not exceed ten years.
(b) Up to one year of the required experience may be in on-site building
construction operations, physical analyses of existing buildings, or teaching or
research in a program accredited by the national architectural accreditation board
OR ITS SUCCESSOR.
(c) Full credit shall be given for education obtained in four-year baccalaureate
programs in architecture or environmental design.
(3) (2) (a) An applicant shall pass an examination or examinations developed or
adopted by the board. The board shall ensure that the passing score for any
examination is set to measure the level of minimum competency.
(b) Beginning January 1, 1995, The examination shall be given at least twice a
year. The board shall designate a time and location for examinations and SHALL
notify applicants of this time and location in a timely fashion and, as necessary, may
contract for assistance in administering the examination.
Ch. 180 Professions and Occupations 759
(c) (Deleted by amendment, L. 91, p. 1671, § 1, effective July 1, 1991.)
(5) (3) An applicant for licensure by endorsement must SHALL hold a license in
good standing in a jurisdiction requiring qualifications substantially equivalent to
those currently required for licensure by examination as provided in SECTION
12-25-310 (1) AND subsections (1), (2), and (3) (1) AND (2) of this section and must
SHALL file an application as prescribed by the board. The board shall provide
procedures for an applicant to apply directly to the board. The board may also
provide an alternative application procedure so that an applicant may, at his OR HER
option, instead apply to a national clearinghouse designated by the board. such as
the national council of architectural registration boards; such THE national
clearinghouse shall then forward the application to the board.
12-25-315. [Formerly 12-4-107 (6) and 12-4-108 (1) and (2)] Licenses.
(1) [Formerly 12-4-107 (6)] The board shall issue a license whenever an applicant
for a license to practice architecture in Colorado successfully qualifies for such
license as provided in this article PART 3.
(2) [Formerly 12-4-108 (1)] An architect may renew a license by paying to the
board the license renewal fee established pursuant to section 24-34-105, C.R.S., and
the board shall then issue a certificate of renewal.
(3) [Formerly 12-4-108 (2)] The license of any architect shall be renewed or
reinstated pursuant to a schedule established by the director of the division of
registrations within the department of regulatory agencies and shall be renewed or
reinstated pursuant to section 24-34-102 (8), C.R.S. The director of the division of
registrations within the department of regulatory agencies may establish renewal
fees and delinquency fees for reinstatement pursuant to section 24-34-105, C.R.S.
If a person fails to renew his or her license pursuant to the schedule established by
the director of the division of registrations, such license shall expire. Any person
whose license has expired shall be subject to the penalties provided in this article
PART 3 or section 24-34-102 (8), C.R.S.
12-25-316. [Formerly 12-4-105] Disposition of fees - expenses of board.
(1) All moneys collected under this article PART 3, except as provided in section
12-4-111 (5) 12-25-308 (4), shall be transmitted to the state treasurer, who shall
credit the same pursuant to section 24-34-105, C.R.S., and the general assembly
shall make annual appropriations pursuant to said section for expenditures of the
board.
(2) The division director OF THE DIVISION OF REGISTRATIONS WITHIN THE
DEPARTMENT OF REGULATORY AGENCIES may employ such technical, clerical,
investigative, or other assistance as is necessary for the proper performance of the
board's work, subject to the provisions of section 13 of article XII of the state
constitution, and may make expenditures for any purpose which THAT is reasonably
necessary for the proper performance of the board's duties under this article PART
3.
(3) The board may charge fees for licensure by examination, reexamination,
reciprocity ENDORSEMENT, and recertification. THE BOARD MAY ALSO CHARGE FEES
FOR REPLACEMENT OF A LICENSE CERTIFICATE and for the renewal and reinstatement
760 Professions and Occupations Ch. 180
of a license.
12-25-317. [Formerly 12-4-115 (1) and 12-4-116] Architect's stamp - record
set of drawings. (1) [Formerly 12-4-116] The use of an architect's stamp shall
be subject to the following:
(a) The stamp, signature of the architect whose name appears on the stamp, and
date of the signature of such architect shall be placed on reproductions of drawings
to establish a record set of contract documents DRAWINGS. A RECORD SET SHALL
NOT BE REPRODUCED. The A record set shall be prominently identified and shall be
for the permanent record of the architect, the project owner, and the regulatory
authorities who have jurisdiction over the project. THIS SECTION SHALL NOT
PROHIBIT THE CREATION OF MULTIPLE RECORD SETS.
(b) The stamp and the date the document is stamped shall be placed on each
reproduction of drawings prepared under the direct supervision of the architect and
on the cover, title page, and table of contents of specifications. Subsequent issues
of addenda, revisions, clarifications, or other modifications shall be properly
identified and dated for the record set. Where consultant drawings and
specifications are incorporated into the record set, they shall be clearly identified by
consultant stamps or other means and dated in accordance with law to distinguish
proper reference to origination.
(c) Except as required for compliance with a federal contract, the stamp shall not
be placed on reproducible drawings which are used for multiple copies or on
reproducible drawings which THAT are transferred away from the architect's
possession and supervision.
(d) The A STAMPED record set WITH AN ORIGINAL SIGNATURE SHALL BE retained
in possession of the architect AND shall be held for a minimum of three years
following beneficial occupancy or beneficial use of the project by the owner or
occupant.
(e) One original document may be stamped, signed, and dated pursuant to the
requirements of federal government contracts.
(2) [Formerly 12-4-115 (1)] No person preparing plans and specifications for
or construction contracts for the administration of any alteration, remodeling, or
repair of any building shall use the title "architect" unless such person has been
licensed as an architect pursuant to this article PART 3.
12-25-318. [Formerly 12-4-104.5] Immunity. Any member of the board, any
member of the board's staff, any person acting as a witness or consultant to the
board, any witness testifying in a proceeding authorized under this article PART 3,
and any person who lodges a complaint pursuant to this article PART 3 shall be
immune from liability in any civil action brought against him or her for acts
occurring while acting in his or her capacity as board member, staff, consultant, or
witness, respectively, if such individual was acting in good faith within the scope
of his or her respective capacity, made a reasonable effort to obtain the facts of the
matter as to which he or she acted, and acted in the reasonable belief that the action
taken by him or her was warranted by the facts. Any A person participating in good
Ch. 180 Professions and Occupations 761
faith in lodging a complaint or participating in any investigative or administrative
proceeding pursuant to this article PART 3 shall be immune from any civil or
criminal liability that may result from such participation.
12-25-319. [Formerly 12-4-109] Previous licenses - prior actions. Any person
holding a valid license to practice architecture in Colorado before July 1, 1986
2006, shall be licensed under the provisions of this article without further
application by said person PART 3. All official actions of the STATE board OF
EXAMINERS OF ARCHITECTS made or taken before July 1, 1986 2006, are expressly
ratified.
SECTION 16. Repeal. 12-25-109 (2), Colorado Revised Statutes, is repealed
as follows:
12-25-109. Disciplinary proceedings - injunctive relief procedure.
(2) Complaints of record on file with the board and the results of investigation shall
be closed to public inspection during the investigatory period and until dismissed
or until notice of hearing and charges are served on a professional engineer or an
engineer-intern or until final agency action is otherwise taken by the board. The
board's records and papers shall be subject to the provisions of sections 24-72-203
and 24-72-204, C.R.S., regarding public records and confidentiality.
SECTION 17. Repeal. 12-25-209 (2), Colorado Revised Statutes, is repealed
as follows:
12-25-209. Disciplinary proceedings - injunctive relief procedure.
(2) Complaints of record on file with the board and the results of investigation shall
be closed to public inspection during the investigatory period and until dismissed
or until notice of hearing and charges are served on a professional land surveyor or
land surveyor-intern or until final agency action is otherwise taken by the board.
The board's records and papers shall be subject to the provisions of sections
24-72-203 and 24-72-204, C.R.S., regarding public records and confidentiality.
SECTION 18. 12-25-103 (1) (j), Colorado Revised Statutes, is amended to read:
12-25-103. Exemptions. (1) This part 1 shall not be construed to affect any of
the following:
(j) Individuals who practice architecture as defined in section 12-4-102 (5)
12-25-302 (6); or
SECTION 19. 13-4-102 (2) (c) and (2) (r), Colorado Revised Statutes, are
amended to read:
13-4-102. Jurisdiction. (2) The court of appeals shall have initial jurisdiction
to:
(c) Review all final actions and orders appropriate for judicial review of the state
board of licensure for professional engineers and professional land surveyors as
provided in article 25 of title 12, C.R.S.;
762 Professions and Occupations Ch. 180
(r) Review all final actions and orders appropriate for judicial review of the
Colorado state board of examiners of architects LICENSURE FOR ARCHITECTS,
PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS, as provided in
section 12-4-114 12-25-309 (5), C.R.S.;
SECTION 20. 13-21-108.3 (1), Colorado Revised Statutes, is amended to read:
13-21-108.3. Architects, professional engineers, and professional land
surveyors rendering assistance during emergency or disaster - qualified
immunity from civil liability. (1) An architect licensed pursuant to article 4 PART
3 OF ARTICLE 25 of title 12, C.R.S., or a professional engineer licensed pursuant to
PART 1 OF article 25 of title 12, C.R.S., OR A PROFESSIONAL LAND SURVEYOR
LICENSED PURSUANT TO PART 2 OF ARTICLE 25 OF TITLE 12, C.R.S., who voluntarily
and without compensation provides architectural, or engineering, OR SURVEYING
services, respectively, at the scene of an emergency shall not be liable for any
personal injury, wrongful death, property damage, or other loss caused by an act or
omission of such architect, or engineer, OR SURVEYOR in performing such services.
SECTION 21. 24-30-1402 (3.5) and (6) (a), Colorado Revised Statutes, are
amended to read:
24-30-1402. Definitions. As used in this part 14, unless the context otherwise
requires:
(3.5) "Practice of industrial hygiene" means the performance of professional
services, including but not limited to consulting, investigating, sampling, or testing
in connection with the anticipation, recognition, evaluation, and control of those
environmental factors or stresses arising in or from the workplace that may cause
sickness, impaired health, or significant discomfort to workers or the public.
"Practice of industrial hygiene" includes but is not limited to the identification,
sampling, and testing of chemical, physical, biological, and ergonomic stresses and
the development of physical, administrative, personal protective equipment, and
training methods to prevent, eliminate, control, or reduce such factors and stresses
and their effects. The term does not include the practice of architecture, as defined
in section 12-4-102 (5) 12-25-302 (6), C.R.S., or the practice of engineering, as
defined in section 12-25-102 (10), C.R.S.
(6) "Professional services" means those services within the scope of the
following:
(a) The practice of architecture, as defined in section 12-4-102 (5) 12-25-302 (6),
C.R.S.;
SECTION 22. 24-31-101 (1) (f), Colorado Revised Statutes, is amended to read:
24-31-101. Powers and duties of attorney general. (1) (f) The attorney
general shall have concurrent original jurisdiction with the relevant district attorney
over article 4 PART 3 OF ARTICLE 25 of title 12, C.R.S.
SECTION 23. 30-28-205 (3), Colorado Revised Statutes, is amended to read:
Ch. 180 Professions and Occupations 763
30-28-205. County building inspector - permit required - appeal. (3) The
county building inspector shall not issue any permit unless the plans and
specifications for such proposed erection, construction, reconstruction, alteration,
or remodeling conform to the regulations and restrictions in said building code. All
such proposed erection, construction, reconstruction, alteration, or remodeling shall
bear the seal of an architect or engineer licensed by the state of Colorado, unless the
preparation of plans and specification is exempted by section 12-4-112 12-25-303,
C.R.S. Such plans and specifications prepared by architectural or engineering
subdisciplines shall be so designated and shall bear the seal and signature of the
architect or engineer for that subdiscipline.
SECTION 24. Repeal. Article 4 of title 12, Colorado Revised Statutes, is
repealed.
SECTION 25. Appropriation. In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the division of registrations cash fund
created in section 24-34-105 (2)(b)(I), Colorado Revised Statutes, not otherwise
appropriated, to the department of regulatory agencies, for allocation to the division
of registrations, for the fiscal year beginning July 1, 2006, the sum of two thousand
five hundred forty-two dollars ($2,542), or so much thereof as may be necessary, for
the implementation of this act.
SECTION 26. Effective date. This act shall take effect July 1, 2006.
SECTION 27. Safety clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation of the public
peace, health, and safety.
Approved: May 1, 2006
