In Oregon regulation of architects is found in Title 52, Chapter 671 of the Oregon Revised Statutes. The regulation prohibits a person from practicing the profession of architecture or assume or use the title of “Architect” or any title, sign, cards or device indicating, or tending to indicate, that the person is practicing architecture or is an architect or represent in any manner that the person is an architect, without first obtaining a certificate of registration from the State Board of Architect Examiners (“board”).
ORS § 671.025 provides that any person applying for a license or permit in which the person proposes to erect, construct, repair, move, improve, remove or convert a building must submit an original or reproduction of the plans and specifications for the work proposed. The plans and specifications must bear the stamp of a registered architect where the services of a registered architect is required by the provisions of the regulation, and must be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed and that the work proposed conforms to the regulation, State Building Code and to any other applicable laws and ordinances. The plans and specifications must bear some identification which includes:
- The project name and location;
- Contact details of the person responsible for the preparation of the documents;
- Contact details of the owner; and
- The date the documents were issued.
Pursuant to ORS § 671.041, in accordance with the conditions specified in the regulation, a corporation, limited liability company or partnership can engage in the practice of architecture in Oregon under a corporate or assumed business name if the directors of the corporation representing at least a two-thirds percentage of the board of directors, the members of the limited liability company holding at least a two-thirds ownership interest or the partners of the partnership holding at least a two-thirds ownership interest are registered or licensed as architects in any jurisdiction recognized by rule of the board. All professional documents issued by the corporation, limited liability company or partnership must bear the stamp of the architect responsible for the preparation and must also bear the corporate or assumed business name of the corporation, limited liability company or partnership.
Pursuant to ORS § 671.050, any person aspiring for the right to practice architecture in the State of Oregon must make application along with the required fee to the board 15 days before board’s meeting in such manner as may be provided by the board. In addition to the qualifications prescribed by the regulation, each applicant shall be at least 18 years of age.
ORS § 671.060 provides that examinations of applicants for certificates of registration must be made by the board according to the most practicable method to test the applicants’ qualifications. Examinations must be written or oral or both written and oral and must cover such subjects as the board determines by administrative rule and be graded accordingly. The board must adopt the examination and the recommended grading procedures of the National Council of Architectural Registration Boards. The board must prescribe the minimum educational and experience requirements for applicants by administrative rule. A certificate of registration must be granted to all properly qualified applicants and can be denied to those who are not properly qualified.
Pursuant to ORS § 671.065 the board can grant a certificate of registration without examination to any person who is not registered to practice architecture in this state but is certified by the National Council of Architectural Registration Boards or has lawfully been issued a license or certificate to practice in another jurisdiction of the United States or another country that has qualifications and licensing examinations substantially similar to those required in this state.
ORS § 671.080 provides that each registrant who desires to continue as an architect in this state must annually submit to the board, a renewal application and the renewal fee. If a registrant fails to have a certificate renewed on or before the renewal deadline established by board rule, the registrant is delinquent. Any person who fails to pay the renewal fee, with any late fees, or fails to furnish evidence satisfactory to the board that the registrant has complied with any continuing education requirements forfeits the right to practice architecture in Oregon. The person can be reinstated as an architect only upon passing examinations required by the board, by complying with any continuing education requirements adopted by the board and by paying any required fees and penalties.
Further pursuant to ORS § 671.085, in addition to other fees, the board by rule, can impose fees for the following such as registration, renewal, filing an application for registration examination, reciprocal application, and duplicate certificate.
The board pursuant to ORS § 671.100 can revoke, suspend or annul the certificate of registration to practice architecture, or reprimand, censure or otherwise discipline an architect. The board in accordance with ORS § 671.090 can refuse to grant, reinstate or renew, or may suspend or revoke, a certificate of registration to practice architecture in this state upon proof of one or more of the following grounds:
- Use of fraud or deception in applying for a certificate of registration or in passing an examination;
- False impersonation of a practitioner or former practitioner;
- Practice under an assumed, fictitious, or a corporate name contrary to the provisions of the regulation;
- Demonstration of fraud, deceit, gross negligence, or misconduct in the practice of architecture;
- Willful evading or attempt to evade any law, ordinance, code or regulation of the state, or counties and cities of this state, governing construction of buildings;
- Stamping or signing any plans, specifications or drawings that were not prepared by the architect or under the architect’s direct control and supervision;
- Unknown to a party for whom the architect is doing work, receiving rebates, commissions, grants of moneys or favors which the architect is not entitled to or justified in receiving;
- Practicing contrary to the provisions and requirements of the regulation;
- Fails to comply with any continuing education requirements adopted by the board under the regulation, unless the requirements have been waived by the board;
- Conviction for any crime under circumstances that relate to the practice of architecture or being the subject of disciplinary action taken by another jurisdiction.
ORS § 671.105 provides that the board must give an architect reasonable opportunity for hearing if they proposes to refuse to issue or renew, proposes to revoke or suspend a license, or to reprimand, censure or otherwise discipline an architect.
ORS § 671.220 provides that in addition to all other provisions of the regulation, any person who violates any provision of the regulation or any rule promulgated there under must give a civil penalty of not more than $ 5,000 for each offense.
The section will not be interpreted so as to prevent any person from representing his/her or affiliation with any bona fide professional or trade organization unless such representation is made to advance that person’s unlicensed practice or unlawful attempt to practice the profession of architecture. The civil penalties recovered under this section will be deposited into an account established by the board and will be used only for the administration and enforcement of the regulation.