Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE ARCHITECTS LICENSURE BOARD [49 PA. CODE CH. 9] Definitions and Fees [35 Pa.B. 3923] The State Architects Licensure Board (Board) amends §§ 9.2 and 9.3 (relating to definitions; and fees) by defining ''sole proprietorship'' and clarifying which firm practices are subject to the annual renewal fee to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 6(a) of the Architects Licensure Law (act) (63 P. S. § 34.6(a)).
C. Background and Purpose
On January 4, 2003, the Board implemented a regulation that assesses a $50 annual renewal fee for registered architecture firms. Currently registered architecture firms received notice of this new regulation and an assessment of $100 (the fee is collected biennially). Under section 13(j) of the act (63 P. S. § 34.13(j)), this fee shall be paid by partnerships, professional associations, professional corporations, business corporations, limited liability companies and limited liability partnerships. Although sole proprietorship is listed under section 13 of the act as an acceptable type of firm practice, it is excluded from the list of firm practices in section 13(j) of the act that are required to pay the annual renewal fee. However, sole proprietors received the annual renewal fee bill in error. Once the error was realized, a refund check was issued to those sole proprietors who paid the bill.
The final-form rulemaking, therefore, defines ''sole proprietorship'' and clarifies which firm practices are subject to the annual renewal fee.
D. Description of Amendment
The final-form rulemaking amends § 9.2 to define sole proprietorship as ''[a] business form solely owned by an individual architect licensed in this Commonwealth.''
The final-form rulemaking further amends § 9.3 to clarify that only partnerships, professional associations, professional corporations, limited liability companies and limited liability partnerships are subject to the annual renewal fee for registered architecture firms.
E. Comment and Regulatory Review of Proposed Rulemaking
On March 30, 2004, the Board, in accordance with the Regulatory Review Act (71 P. S. §§ 745.1--745.15), submitted a copy of proposed rulemaking to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC), the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC). Notice of proposed rulemaking was published at 34 Pa.B. 1948 (April 10, 2004) with an invitation for public comment.
The Board did not receive any comments from the SCP/PLC, the HPLC or IRRC. A comment was received from AIA Pennsylvania (a Society of the American Institute of Architects). AIA Pennsylvania commented that, in its opinion, the Board's definition of ''sole proprietorship'' in § 9.2 was confusing because it might be interpreted as not including a Pennsylvania architect who practices under a fictitious name. The Board adopted its suggestion that the definition in final-form rulemaking read as follows: ''A business form solely owned by an individual architect licensed in this Commonwealth.'' The Board also adopted an editorial change to § 9.3.
F. Fiscal Impact and Paperwork Requirements
The final-form rulemaking should have no fiscal impact on the Commonwealth or its political subdivisions. Likewise, the final-form rulemaking should not necessitate any legal, accounting, reporting or other paperwork requirements.
G. Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 30, 2004, the Board submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 1948, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC and the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 10, 2005, the final-form rulemaking was approved by the HPLC. On May 25, 2005, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 26, 2005, and approved the final-form rulemaking.
I. Contact Person
Further information can be obtained by contacting Roberta Silver, Counsel, State Architects Licensure Board, P. O. Box 2649, Harrisburg, PA 17105-2649, rsilver@state.pa.us.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 34 Pa.B. 1948.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in Part B of this preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 9, are amended by amending §§ 9.2 and 9.3 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
JOHN C. HAAS,
President(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 3368 (June 11, 2005).)
Fiscal Note: Fiscal Note 16A-418 remains valid for the final adoption of the subject regulations.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 9. STATE ARCHITECTS LICENSURE BOARD GENERAL PROVISIONS § 9.2 Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ARE--Architect Registration Examination of the NCARB approved by the Board as the architecture licensure examination.
Accredited program--A program accredited by the National Architectural Accrediting Board to provide courses in architecture and related subjects and empowered to grant professional and academic degrees in architecture.
Act--The Architects Licensure Law (63 P. S. § § 34.1--34.22).
Administrative Code--The Administrative Code of 1929 (71 P. S. § § 51--732).
Board--The Architects Licensure Board as defined in section 4 of the act (63 P. S. § 34.4).
Board prosecutor--An attorney employed through the Office of General Counsel to act as the prosecutor for the Commonwealth before the Board.
Bureau--The Bureau of Professional and Occupational Affairs.
Commissioner--The Commissioner of the Bureau.
Examination--The examination for architectural registration approved by the Board.
IDP--Intern Development Program of NCARB.
IDP council record--A detailed authenticated record of an individual's education, training and character maintained by NCARB.
NAAB--National Architectural Accrediting Boards, Inc.
NCARB--National Council of Architectural Registration Boards, 1735 New York Avenue, NW, Suite 700, Washington, DC 20006.
Plans and models--Drawings, graphic representations or scaled models, or a combination of drawings, graphic representations or models, or reproduction thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement or alteration of a building or project.
Sole proprietorship--A business form solely owned by an individual architect licensed in this Commonwealth.
Specifications--A written instruction or reproduction thereof describing a material or method of construction proposed or intended to be employed in the construction, enlargement or alteration of a building or project.
§ 9.3. Fees.
Initial license $40 Reciprocal license with NCARB Certification $30 Reciprocal license without NCARB Certification $50 Certification of licensure, registration or scores $25 Biennial renewal of license $100 Reactivation of lapsed or expired license $30 Firm practice registration or modification requiring new corporate structure $50 License or registration verification $15 Annual renewal fee for registered architecture firms which are partnerships, professional associations, professional corporations, business corporations, limited liability companies and limited liability partnerships ($100 fee shall be assessed biennially) $50 [Pa.B. Doc. No. 05-1328. Filed for public inspection July 15, 2005, 9:00 a.m.]
