Terms Used In Louisiana Revised Statutes 37:155

  • Architect: means a person who is technically and legally qualified to practice architecture. See Louisiana Revised Statutes 37:141
  • Board: means the State Board of Architectural Examiners. See Louisiana Revised Statutes 37:141
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Fraud: Intentional deception resulting in injury to another.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  The provisions of this Chapter, except as provided in this Section, requiring persons to be registered and licensed and forbidding the practice of architecture by unlicensed persons shall not apply to:

(1)  Officers and employees of the United States in the execution of their official duties in the practice of architecture for the federal government.

(2)  Civil engineers licensed in accordance with the terms of La. Rev. Stat. 37:681 through 703 or acts amendatory thereto, if such engineers do not use the designation “architect” or any term derived therefrom.

(3)  Registered architects of other states when associated with any registered architect of this state who will seal or stamp and bear professional responsibility for all specifications and other construction documents pertaining to work in this state.

(4)  Persons acting as designers for:

(a)  Single family residences.

(b)  Buildings or projects that are to be constructed for personal use, provided such buildings are not intended, or adaptable for public employment, assembly, or other occupancy by the public.

(c)  Renovations or alterations of any size building which do not affect the structural integrity, or life safety, exclusive of building finishes and furnishings, or which have been preapproved by the state fire marshal where life safety is affected and does not exceed one hundred and twenty-five thousand dollars.  “Life safety” as used in this Subsection shall be governed by the interpretation of the state fire marshal in accordance with the authority of La. Rev. Stat. 40:1561 et seq.

(d)  New buildings and buildings with changes in occupancy classifications which do not exceed the gross floor areas in Subsection (f) of this Section.

(e)  Building additions that do not cause the gross floor areas to exceed those in Subsection (f) of this Section.

(f)(i)  Occupancy Classifications and Gross Floor Area Sq. Ft.

Storage

6250

Factory and Industrial

5000

Mercantile

4000

Residential

4000

Education

 2500

Institutional

2500

High Hazard

1500

Assembly

2650

Business

4000

Utility and Maintenance

5000

(ii)  Occupancy classifications and gross floor areas are as defined in the current editions of the codes which comprise the state uniform construction code and which are identified in La. Rev. Stat. 40:1730.28.

(5)  Routine maintenance projects that do not exceed the contract limit for public bidding as defined in La. Rev. Stat. 38:2212(A)(1)(d).

B.  No exempt person under Paragraph (A)(1), (2), or (3) of this Section shall do any of the following:

(1)  Practice any fraud, deceit, dishonesty, gross negligence, misrepresentation, gross incompetence, or misconduct in the practice of architecture.

(2)  Wilfully mislead or defraud any person employing him.

(3)  Violate the laws of the United States or any state.

(4)  Provide false testimony before the board.

(5)  Affix his seal, stamp, or name to any specification, drawing or other related document which was not prepared by him or under his responsible supervision and control, or permit his seal, stamp, or name to be affixed to any such document.

(6)  Fail to provide, within thirty calendar days of mailing of notice by certified mail, information requested by the executive director as a result of a formal complaint to the board alleging a violation of this Chapter.

(7)  Use any advertising or solicitation which is false or misleading.

(8)  Otherwise violate any provision of this Chapter.

C.  The procedures set forth in La. Rev. Stat. 37:154(C) shall apply to actual or alleged conduct enumerated in Subsection B of this Section, and the board may investigate a complaint alleging such conduct, issue an order to any person prohibiting such conduct after a hearing held in accordance with La. Rev. Stat. 37:154(C), and impose a civil penalty in accordance with La. Rev. Stat. 37:154(C) to any person who violates an order of the board.  In the alternative, the board may present its findings to the district attorney in whose district the violation has occurred in accordance with La. Rev. Stat. 37:154(D).

Acts 1983, No. 472, §1; Acts 1989, No. 653, §1; Acts 1991, No. 418, §1; Acts 1995, No. 238, §1; Acts 1997, No. 365, §1; Acts 2011, No. 18, §1, eff. June 7, 2011.