Pursuant to the Architects Licensing Act, (Utah Code Ann. § 58-3a-201), the Architects Licensing Board is created for regulating the licensing of architects. The Board consists of four architects and one member of the general public.
Utah Code Ann. § 58-3a-301 provides that a license is required to engage in the practice of architecture. Pursuant to Utah Code Ann. § 58-3a-302, each applicant for licensure as an architect should:
- submit an application in a form prescribed by the division of occupational and professional licensing,
- pay a fee determined by the department,
- provide satisfactory evidence of good moral character,
- have graduated and received an earned bachelors or masters degree from an architecture program meeting criteria established by rule by the division in collaboration with the board,
- have successfully completed a program of diversified practical experience established by rule by the division in collaboration with the board,
- have successfully passed examinations established by rule by the division in collaboration with the board, and
- meet with the board or representative of the division upon request for the purpose of evaluating the applicant’s qualifications for license.
Utah Code Ann. § 58-3a-303 states that the division of occupational and professional licensing should issue each license in accordance with a two-year renewal cycle. Additionally, the division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
Utah Code Ann. § 58-3a-303.5 provides that as a condition for renewal of a license, each licensee should complete sixteen hours of qualified continuing professional education.
Pursuant to Utah Code Ann. § 58-3a-501, unlawful conduct includes:
- using the title architect or any other words, letters, or abbreviations indicating that the person using them is an architect if the person has not been licensed, or
- engaging in or representing itself as engaging in the practice of architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.
Utah Code Ann. § 58-3a-502 provides the penalty for unlawful conduct. If upon inspection or investigation, the division of occupational and professional licensing concludes that a person has committed unlawful conduct, and that disciplinary action is appropriate, the director or the director’s designee should promptly issue a citation to the person and should attempt to negotiate a stipulated settlement, or notify the person to appear before an adjudicative proceeding conducted under the Administrative Procedures Act.
If there is an uncontested citation, a stipulated settlement, or violation in an adjudicative proceeding, the person who violates the provisions may be assessed a fine and may, in addition to or in lieu of, be ordered to cease and desist. Each citation may be served upon any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure and may be made personally or upon the person’s agent by a division investigator or by any person specially designated by the director or by mail.
If within twenty calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and will not be subject to further agency review. The period to contest a citation may be extended by the division for cause. Further, the division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after it becomes final. The failure of an applicant for licensure to comply with a citation after it becomes final is a ground for denial of license. Also, no citation may be issued after the expiration of six months following the occurrence of any violation.
Pursuant to Utah Code Ann. § 58-3a-601, every architect should have a seal, the design and implementation of which is established by rule by the division in collaboration with the board. Utah Code Ann. § 58-3a-602 provides that any final plan and specification of a building erected in the state of Utah should bear the seal of a licensed architect. Similarly, any final plan and specification of a building prepared by or under the supervision of the licensed architect should bear the seal of the architect when submitted to a client, or when submitted to a building official for the purpose of obtaining a building permit.
Utah Code Ann. § 58-3a-603 provides for the authorized use of seal by an architect. An architect may only affix the architect’s seal to a plan and a specification when the plan and the specification:
- is personally prepared by the architect,
- is prepared by an employee, subordinate, associate, or drafter under the supervision of a licensee, provided the licensee or a principal affixing his seal assumes responsibility,
- is prepared by a licensed architect, professional engineer, or professional structural engineer in the state of Utah
- is prepared in part by a licensed architect, professional engineer, or professional structural engineer in the state of Utah
- is prepared by a person exempt from licensure as an architect, professional engineer, or professional structural engineer
- meet any additional requirements established by rule by the division in collaboration with the board.