58-3a-304.  Exemptions from licensure.

(1)  In addition to the exemptions from licensure in Section 58-1-307, the following may engage in the stated limited acts or practices without being licensed under this chapter:

Terms Used In Utah Code 58-3a-304

  • Architect: means a person licensed under this chapter as an architect. See Utah Code 58-3a-102
  • Board: means the Architects Licensing Board created in Section 58-3a-201. See Utah Code 58-3a-102
  • Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-3a-102
  • Land: includes :Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Practice of architecture: means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings:
(i) planning;
(ii) facility programming;
(iii) preliminary studies;
(iv) preparation of designs, drawings, and specifications;
(v) preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and
(vi) administration of construction contracts. See Utah Code 58-3a-102
  • Principal: means a licensed architect having responsible charge of an organization's architectural practice. See Utah Code 58-3a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  a person offering to render architectural services in this state when not licensed under this chapter if the person:

    (i)  holds a current and valid architect license issued by a licensing authority recognized by rule by the division in collaboration with the board;

    (ii)  discloses in writing to the potential client the fact that the architect:

    (A)  is not licensed in the state;

    (B)  may not provide architectural services in the state until the architect is licensed in the state; and

    (C)  that such condition may cause a delay in the ability of the architect to provide architectural services in the state;

    (iii)  notifies the division in writing of his intent to offer to render architectural services in the state; and

    (iv)  does not provide architectural services or engage in the practice of architecture in this state until licensed to do so;

    (b)  a person preparing a plan and specification for one or two-family dwellings, including townhouses;

    (c)  a person licensed to practice professional engineering under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, performing engineering or incidental architectural acts or practices that do not exceed the scope of the education and training of the person performing architecture;

    (d)  unlicensed employees, subordinates, associates, or drafters of a person licensed under this chapter while preparing plans and specifications under the supervision of an architect;

    (e)  a person preparing a plan or specification for, or supervising the alteration of or repair to, an existing building affecting an area not exceeding 3,000 square feet when structural elements of a building are not changed, such as foundations, beams, columns, and structural slabs, joists, bearing walls, and trusses; and

    (f)  an organization engaged in the practice of architecture, provided that:

    (i)  the organization employs a principal; and

    (ii)  all individuals employed by the organization, who are engaged in the practice of architecture, are licensed or exempt from licensure under this chapter.

    (2)  Nothing in this section shall be construed to restrict a person from preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those plans to a licensed architect for review, approval, and subsequent fixing of the architect’s seal to that set of plans.

    Amended by Chapter 339, 2020 General Session