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Delaware

24 Del. C. § 303 states that The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable.  No person shall engage in the practice of architecture in this State or otherwise hold oneself out to the public as being an architect, or use in connection with the person’s name, or otherwise assume, use or advertise any title or description intending to convey the impression that the person is an architect, unless such person has a certificate of registration.  The provisions of this chapter shall not be construed to prevent, nor to affect:

  • The preparation of technical submissions or the administration of construction contracts by an employee or subordinate of a person or organization lawfully engaged in the practice of architecture, providing such work is done under the direct responsibility and supervision of such person or organization;
  • The practice of architecture by a person licensed in this State as a professional engineer, when such practice is incidental to what may be properly considered an engineering project;
  • The practice of landscape architecture by a landscape architect, regardless of whether the practice of landscape architecture shall continue to be licensed under the Delaware Code;
  • A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, from agreeing to perform or holding the person’s self out as able to perform any of the professional services involved in the practice of architecture; provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as provided by law; and further provided that the person notifies the Board in writing if the person, prior to registration, engages in any of the activities permitted by this paragraph;
  • Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following:
  1. Single and 2-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings;
  2. Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than 10 persons; or
  3. Any alteration, renovation or remodeling of a structure when such alteration, renovation or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes;
  • The preparation of submissions to architects by the manufacturer, supplier, installer, or others of any materials, components, or equipment incidental to the architect’s design of the entire project that describes or illustrate the use of such items;
  • The preparation of any details or shop drawings required of the contractor by the terms of the construction documents;
  • The management of construction contracts by persons engaged in contracting work;
  • The preparation of technical submissions or the administration of construction contracts by persons acting under the responsible control of a registered architect;
  • Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America;
  • A person who holds the certification issued by the National Council of Architectural Registration Boards (NCARB) but who is not currently registered in the jurisdiction, from offering to provide the professional services involved in the practice of architecture, provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided, and further provided that he/she notifies the Board in writing that:
  1. The person holds a NCARB certificate and is not currently registered in the jurisdiction, but will be present in Delaware for the purpose of offering to provide architectural services;
  2. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every potential client to whom the person offers to render architectural services; and
  3. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for a project in Delaware;
  • A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in the jurisdiction from seeking an architectural commission by participating in an architectural design competition for a project in Delaware, provided that the person notifies the Board in writing that:
  1. The person holds an NCARB certificate and is not currently registered in the jurisdiction, but will present in Delaware for the purpose of participating in an architectural design competition;
  2. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every person conducting an architectural design competition in which the person participates; and
  3. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for the project;
  • A person who is not currently registered in Delaware, but who is currently registered in another United States or Canadian jurisdiction, from providing uncompensated (other than reimbursement of expenses) professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. “Emergency” shall mean earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor or other duly authorized office of the State of Delaware;
  • An individual registered and practicing in a nation other than the United States or Canada (a “foreign architect”) from practicing in this jurisdiction, so long as such practice is in strict accordance with the provisions of this subsection:
  1. The foreign architect must show that he/she holds a current registration in good standing which allows him/her to use the title “architect” and to engage in the “unlimited practice of architecture” (defined as the ability to provide services on any type building in any state, province, territory, or other political subdivision of the foreign architect’s national jurisdiction).
  2. The foreign architect must show that a bilateral agreement exists between the NCARB and the national registration authority of the foreign architect’s national jurisdiction.
  3. An architect registered in this jurisdiction shall take responsible control over all aspects of the architectural services for said project.
  4. The foreign architect may not seek, solicit, or offer to render architectural services in this jurisdiction, except with the material participation of the architect referred to in paragraph (b)(14)c. of this section above.
  5. Promptly after the foreign architect has been selected to provide architectural services for a project within this jurisdiction, the architect referred to in paragraph (b)(14)c. of this section above must file a statement with the Board:
  1. Identifying the foreign architect;
  2. Describing the project; and
  3. Describing the foreign architect’s role.
    1. In all aspects of offering or providing architectural services within this jurisdiction, the foreign architect must use the title “[x], a foreign architect in consultation with [y], an architect registered in Delaware”;
      • A person currently employed under the responsible control of an architect, and who maintains in good standing a National Council of Architectural Registration Boards record, from using the title “intern architect” or “architectural intern” in conjunctions with the person’s current employment. Such person may not engage in the practice of architecture except to the extent permitted by other provisions of this chapter.

      24 Del. C. § 201 defines a landscape architect as a person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted and holds a current certificate entitling the person to use the designation “landscape architect” and practices landscape architecture in Delaware under the authority of law.

      Pursuant to 24 Del. C. § 210, each person who has passed the written examination and has acquired at least two years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect, who has been admitted to practice in Delaware by reciprocity or who has otherwise qualified for a license shall, prior to practicing in the state of Delaware, file for and obtain an occupational license from the Division of Revenue in accordance with Chapter 23 of Title 30.  The Board shall forthwith issue a license to each person who has qualified for same.  The license has to be renewed biennially, in such manner as is determined by the Division of Professional Regulation.  The Board shall in its rules and regulations, determine the period of time within which a practitioner may still renew a license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided, however, that such period shall not exceed one year.  The Board shall charge for each month or quarter during such “late renewal period” a late fee which, at the end of such “late period” will be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable unless the former licensee reapplies under the same conditions which govern reciprocity; provided, however, that the former licensee shall also pay a reinstatement fee in an amount which is three times the amount of the reciprocity fee.  Any licensee may, upon a written request, be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive.  Such person may reenter practice upon notification to the Board of the intent to do so.  A former licensee who has been penalized for the violation of a legal provision, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the uniform national examination and shall pay all appropriate fees therefor.

      30 Del. C. § 2503 states that every architect engaging in the practice of such profession shall furnish the Department of Finance within ten days after entering into any contract with a contractor or subcontractor not a resident of Delaware, a statement of the total value of such contract or contracts together with the names and addresses of the contracting parties.  In the case of any person or firm failing or refusing to comply with this rule, there shall be assessed by the Secretary of Finance a civil penalty of not more than $ 10,000 for each occurrence.  Any person or firm who willfully or knowingly fails or refuses to comply with this rule shall be guilty of a misdemeanor and upon conviction shall be fined not more than $ 3,000, or imprisoned not more than six months, or both.

      Pursuant to 24 Del. C. § 216, Where the Board has determined that a person is practicing landscape architecture within the State without having lawfully obtained a license therefor, or that a person previously licensed is unlawfully practicing although the person’s license has been suspended or revoked, the Board shall formally warn such person.  If the offense continues, the Board shall make a formal complaint to the Attorney General.  The complaint shall include all evidence known to, or in the possession of, the Board.  Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner’s license.  Where a person not currently licensed as a landscape architect is convicted of unlawfully practicing landscape architecture in violation of this chapter such offender shall, upon the first offense, be fined $ 50, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.  Where a person previously convicted of unlawfully practicing landscape architecture is convicted a second or subsequent time of such offense, the fine assessed against such person shall be increased by $ 250 for each subsequent offense thereafter.


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