Section 9.165. Architect as employe

(a) Nothing in this chapter may be construed to prevent the employment of an architect by a business which is not engaged in the practice of architecture as defined in section 3 of the act (63 P. S. § 34.3), if the work performed by the employed architect concerns the modification of or the origination and supervision of the design or the construction of structures, or both, which the employer intends to utilize for its nonarchitectural business purpose. The employed architect shall be a licensee of the Board.

(b) This section does not prevent registered engineers from performing, or employing architects to perform, architectural services incidental to the practice of engineering, as provided in section 15(2) of the act (63 P. S. § 34.15(2)).

The provisions of this § 9.165 adopted January 30, 1987, effective July 31, 1988, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial page (206085).

Notation

Authority

The provisions of this § 9.165 issued under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

Notes of Decisions

Employment of Architect

This section which limits the purposes for which an architect may be employed by a nonarchitectural firm is valid and not in conflict with the architect’s licensure law. Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 560 A.2d 1375 (Pa. 1989).

A nonarchitectural firm may employ a staff architect for architectural work, so long as the nonarchitectural firm uses the staff architect for its own internal purposes and does not market those architectural services to the public. Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 551 A.2d 380, 383 (Pa. Commw. 1989); affirmed by Consulting Engineers Council of Pennsylvania v. State Architects Licensure Board, 560 A.2d 1375 (Pa. 1989).