Chapter 390 - Architects

(3) “The practice of architecture” or “practice architecture” means rendering or offering to render service by consultation, investigation, evaluations, preliminary studies, plans, specifications and coordination of structural factors concerning the aesthetic or structural design and contract administration of building construction or any other service in connection with the designing or contract administration of building construction located within the boundaries of this state, regardless of whether any person performing such duties is performing one or all of such duties or whether such person is performing them in person or as the directing head of an office or organization performing them; and

(4) “Architect Emeritus” means an honorific title granted to a previously licensed architect who has retired from the active practice of architecture.

(1953, S. 2304d; 1971, P.A. 703, S. 1; P.A. 82-419, S. 11, 47; 82-472, S. 86, 183; P.A. 86-159, S. 1; P.A. 98-3, S. 1; P.A. 19-177, S. 13.)

History: 1971 act redefined practice of architecture by making slight wording change and substituting “contract administration of building construction” for “supervision of construction of buildings”; P.A. 82-419 amended section to change architectural registration board to architectural licensing board; P.A. 82-472 subdivided the section; P.A. 86-159 made a technical change in Subdiv. (3); P.A. 98-3 made technical changes in Subdiv. (3); P.A. 19-177 added Subdiv. (4) re definition of “Architect Emeritus”.

Utilization by another, for a sum of money, of plan prepared for plaintiff by an architect and owned by plaintiff, held not to constitute practice of architecture; performance of services by plaintiff for a corporation of which he is a member, held not to constitute rendering of services to a client. 148 C. 121. Cited. 207 C. 496.

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Sec. 20-289. Architectural Licensing Board in the Department of Consumer Protection. Regulation and licensure of architects. Appeals. There shall be an Architectural Licensing Board in the Department of Consumer Protection. The board shall consist of five members. The Governor shall appoint two members of the board who shall be public members and three members of the board who shall be architects residing in this state. The Governor shall have the power to remove any member from office for misconduct, incapacity or neglect of duty. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. The board shall keep a record of its proceedings and a roster of all licensed architects entitled to practice architecture and of all persons holding certificates of authority under sections 20-295 and 20-295a of the general statutes, revised to 1968, and corporations holding certificates of authorization for the practice of architecture under section 20-298b in this state. The department shall adopt regulations, in consultation with the board and in accordance with chapter 54, concerning eligibility for architectural licensing examinations, appeals of examination grades, reciprocal licensing, requirements for continuing education for renewal of licensure, qualifications for registration for Architect Emeritus and such other matters as the department deems necessary to carry out the purposes of this chapter. The board shall, annually, prepare a roster of all licensed architects and the last-known mailing address of such architects. A copy of such roster shall be placed on file with the Secretary of the State and with the town building department of each town. The Commissioner of Consumer Protection, with advice and assistance from the board, shall adopt regulations, in accordance with chapter 54, (1) concerning professional ethics and conduct appropriate to establish and maintain a high standard of integrity and dignity in the practice of the profession, and (2) for the conduct of the board's affairs and for the examination of applicants for a license. The board shall, after public notice, hold at least one meeting per quarter, in each calendar year, for the purpose of considering applications for licenses and for the transaction of other business. Any person aggrieved by an order made under this chapter may appeal from such order as provided in section 4-183. Appeals under this section shall be privileged in respect to the order of trial and assignment.

(1949 Rev., S. 4615; September, 1957, P.A. 11, S. 13; 1961, P.A. 335; February, 1965, P.A. 608, S. 1; 1971, P.A. 703, S. 2; 870, S. 114; P.A. 74-183, S. 240, 291; P.A. 76-436, S. 433, 681; P.A. 77-603, S. 80, 125; 77-614, S. 173, 610; P.A. 78-280, S. 51, 127; P.A. 80-205, S. 2, 6; Nov. Sp. Sess. P.A. 81-11, S. 8, 19; P.A. 82-419, S. 12, 47; P.A. 83-574, S. 12, 20; P.A. 86-159, S. 2; P.A. 98-3, S. 2; P.A. 99-194, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 19-177, S. 14.)

History: 1961 act required persons holding certificates under Sec. 20-295 be included in roster, added provisions requiring roster to be mailed and filed and giving board authority to make regulations concerning professional ethics and conduct and added appeal provisions; 1965 act changed name of board from “examining” to “registration” board, provided for annual appointment of a member to the board and added provision for employment of investigator; 1971 acts added references to certificates of authority under Sec. 20-295a and to corporations holding certificates of authorization under Sec. 20-298b and, effective September 1, 1971, replaced superior court with court of common pleas except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 74-183 added reference to judicial districts and specified appeals to supreme court in accordance with Sec. 52-6a; P.A. 76-436 replaced court of common pleas with superior court and replaced Sec. 52-6a with Sec. 52-7, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with statement that appeals shall be made in accordance with Sec. 4-183; P.A. 77-614 placed architectural registration board within consumer protection department, reduced number of architect members from five to three and added two public members, deleted provisions re July first appointments, 5-year terms, election of officers, annual report to governor and enforcement power and transferred regulation power from board to consumer protection commissioner, retaining board in advisory capacity, effective January 1, 1979; P.A. 78-280 added provision granting appeals privileged status; P.A. 80-205 clarified that one copy of roster will be sent to each registrant; Nov. Sp. Sess. P.A. 81-11 added provision specifying that members receive no compensation but are to be compensated for necessary expenses incurred in performance of duties; P.A. 82-419 amended section to change registration to licensing and to require quarterly rather than semiannual meetings; P.A. 83-574 amended section to eliminate 10-year practice requirement for board members and to require board to adopt regulations concerning eligibility, appeals and reciprocal licensing; P.A. 86-159 required the board to prepare a roster of licensed architects and made other technical changes; P.A. 98-3 made technical changes; P.A. 99-194 deleted provision requiring that roster of names and addresses of licensed architects be prepared each September and deleted provision requiring roster to be filed with each town library; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 19-177 replaced provision re board to adopt regulations with provision re department to adopt regulations in consultation with board, added provision re adoption of regulations re continuing education, and made a conforming change.

See Sec. 4-9a for definition of “public member”.

See Sec. 4-40a re compensation and expenses of licensing boards and commissions.

See Secs. 21a-6 to 21a-10, inclusive, re control, powers and duties of boards within Department of Consumer Protection.

Appeal taken under section not an “action” or “civil action” under provisions of Sec. 52-592 or 52-593; legislative intent re appeal procedure discussed. 153 C. 124. Cited. 179 C. 415.

Cited. 20 CS 188.

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Sec. 20-289a. Public Works Commissioner to perform fiscal duties of and provide clerical assistance to board. Section 20-289a is repealed.

(1959, P.A. 103, S. 1; P.A. 77-614, S. 609, 610.)

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Sec. 20-290. Use of title “architect”. In order to safeguard life, health and property, no person shall practice architecture in this state, except as provided in this chapter, or use the title “architect”, or display or use any words, letters, figures, title, sign, seal, advertisement or other device to indicate that such person practices or offers to practice architecture, unless such person has obtained a license as provided in this chapter. Nothing in this chapter shall prevent any Connecticut corporation in existence prior to 1933, whose charter authorizes the practice of architecture, from making plans and specifications or supervising the construction of any building, except that no such corporation shall issue plans or specifications unless such plans or specifications have been signed and sealed by an architect licensed under the provisions of this chapter.

(1949 Rev., S. 4616; 1953, 1955, S. 2305d; 1957, P.A. 552, S. 1; 1959, P.A. 105; P.A. 82-419, S. 13, 47; P.A. 98-3, S. 3.)

History: 1959 act added proviso; P.A. 82-419 changed registration to licensure; P.A. 98-3 made technical changes.

Cited. 146 C. 280. The utilization by another, for a sum of money, of plans and specifications which were prepared for plaintiff by an architect and were owned by plaintiff, held not to constitute the practice of architecture; the performance of services by plaintiff for a corporation of which he is a member held not to constitute the rendering of services to a client. 148 C. 121. Cited. 207 C. 496.

Cited. 20 CA 685.

Recovery by a New York architect not registered in this state for services rendered contrary to public policy. 20 CS 183. Contract by registered professional engineer for architectural services is illegal and void as against public policy; not entitled to quantum meruit recovery. Id., 238.

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Sec. 20-291. Examination. (a) No person shall receive a license under the provisions of this chapter until such person has passed an examination in such technical and professional subjects as may be prescribed by the board, with the consent of the Commissioner of Consumer Protection. Each person who applies to the Department of Consumer Protection for a license under the provisions of this chapter shall submit an application, together with evidence of education and training experience as prescribed by the commissioner, in consultation with the board, in regulations adopted in accordance with chapter 54. The board or the commissioner may accept in the case of any architect currently registered or licensed in another state in lieu of the examination (1) a certificate of registration issued by the National Council of Architectural Registration Boards; or (2) evidence satisfactory to the board or the commissioner that such architect is registered in a state having registration requirements substantially equal to the licensure requirements of this state and that such architect has been practicing in such other state for a period of at least ten years. When the applicant has passed such examination to the satisfaction of a majority of the board or the commissioner and has paid to the department the fees prescribed in section 20-292, the department shall enroll the applicant's name and address in the roster of licensed architects and issue a license to the applicant, which shall entitle the applicant to practice as an architect in this state.

(b) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a certificate or license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.

(2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee.

(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a certificate or license issued pursuant to this chapter.

(4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.

(1949 Rev., S. 4617; 1953, S. 2306d; 1959, P.A. 180; February, 1965, P.A. 591; 1971, P.A. 703, S. 3; 1972, P.A. 127, S. 51; P.A. 77-614, S. 174, 610; P.A. 81-361, S. 10, 39; P.A. 82-419, S. 14, 47; P.A. 83-574, S. 13, 20; P.A. 86-159, S. 3; P.A. 98-3, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 19-177, S. 15; P.A. 22-88, S. 19.)

History: 1959 act changed technical language; 1965 act added Subdiv. (2); 1971 act deleted requirement that applicant be, or intends to become, U.S. citizen; 1972 act reduced minimum age required from 21 to 18, reflecting changed act of majority; P.A. 77-614 required consent of consumer protection commissioner for examinations and added “at least” with reference to years of experience required, effective July 1, 1979; P.A. 81-361 amended section to provide for entry of names on roster and issuance of certificates by department instead of board on and after July 1, 1981; P.A. 82-419 changed “registration” to “licensure”; P.A. 83-574 deleted good moral character requirement; P.A. 86-159 deleted statutory educational requirements and authorized the board to set educational requirements by regulation; P.A. 98-3 made technical changes; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 19-177 replaced “board” with “Department of Consumer Protection”, replaced “board” with “commissioner, in consultation with the board”, added references to commissioner, replaced “secretary of the board” with “department”, and made technical changes; P.A. 22-88 designated existing provisions as Subsec. (a) and added Subsec. (b) re provisions for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license.

Cited. 235 C. 128.

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Sec. 20-292. Renewal of license. Fees. Architect Emeritus registration. Continuing professional education requirements and fees for failure to earn. (a) Each licensed architect shall renew his or her license annually. Pursuant to section 20-289, a licensee shall pay to the department the professional services fee for class F, as defined in section 33-182l and shall submit proof of, or attest to, completion of continuing education requirements.

(b) Each corporation holding a certificate of authorization for the practice of architecture shall renew its certificate of authorization for the practice of architecture each year and pay to the department a renewal fee of two hundred twenty dollars.

(c) An applicant for examination or reexamination under this chapter shall pay a nonrefundable fee of seventy-two dollars and an amount sufficient to meet the cost of conducting each portion of the examination taken by such applicant. The fee for an applicant who qualifies for a license, other than by examination, in accordance with the provisions of section 20-291, shall be one hundred dollars.

(d) Pursuant to section 20-289, an architect who is retired and not practicing any aspect of architecture and who is (1) sixty-five years of age or older, or (2) has been licensed for a minimum of ten years in this state, may apply for registration as an Architect Emeritus. The fee for such registration shall be ten dollars. An Architect Emeritus may not engage in the practice of architecture without applying for and receiving an architect license.

(e) For renewal of a license under this section, other than under subsection (d) of this section, an applicant shall submit proof or attest that he or she has completed twelve hours of continuing professional education during the continuing professional education period. The continuing professional education period shall commence three calendar months prior to the license expiration date and shall run for a period of twelve months from the date of commencement.

(f) (1) For renewal of a license under this section, the department shall charge the following fees for failure to earn continuing professional education credits by the end of the continuing professional education period:

(A) Three hundred fifteen dollars for reporting on a renewal application that any of the minimum of twelve hours of continuing professional education was earned up to thirteen weeks following the end of the continuing professional education period; and

(B) Six hundred twenty-five dollars for reporting on a renewal application that any of the minimum of twelve hours of continuing professional education was earned for more than thirteen weeks and up to twenty-six weeks following the end of the continuing professional education period.

(2) Failure, on the part of a licensee under this section to comply with the continuing professional education requirements for more than twenty-six weeks beyond the continuing professional education period may result in the suspension, revocation or refusal to renew the license by the board or department, following an administrative hearing held pursuant to chapter 54.

(1949 Rev., S. 4618; 1957, P.A. 177; 1959, P.A. 616, S. 71; 1971, P.A. 703, S. 4; June, 1971, P.A. 8, S. 86; 1972, P.A. 223, S. 17; P.A. 78-320, S. 3, 4; P.A. 81-361, S. 11, 39; P.A. 82-394, S. 1, 2; 82-419, S. 15, 47; P.A. 83-574, S. 14, 20; P.A. 86-159, S. 4; P.A. 89-251, S. 117, 203; P.A. 92-74, S. 3, 7; May Sp. Sess. P.A. 92-16, S. 52, 89; P.A. 94-36, S. 15, 42; June Sp. Sess. P.A. 09-3, S. 237; P.A. 19-177, S. 16; P.A. 21-37, S. 7.)

History: 1959 act increased examination fee from $15 to $50, and deleted fee for certificate and requirement moneys received be used to defray board's expenses; 1971 acts designated previous provisions as Subsecs. (a) and (c), inserting new Subsec. (b) re corporation renewals of authorization certificates, doubled renewal fee in Subsec. (a), raised examination fee in Subsec. (c) from $50 to $150, instituted $100 fee for reexamination previously granted without charge and imposed $50 fee for applicants receiving certificate without examination, later act raised renewal fee in Subsec. (a) and fee for certificate without examination to $150 each; 1972 act reduced renewal fee in Subsec. (a) to $35, raised renewal fee in Subsec. (b) to $100 and reduced fees for initial examination and for certificate without examination to $50 in Subsec. (c); P.A. 78-320 made $100 fee in Subsec. (c) applicable to both original examination and reexaminations; P.A. 81-361 amended section to provide for payment of fees to the department instead of the board's secretary; P.A. 82-394 increased the renewal fee from $35 to $75 and required that it be paid to the department of consumer protection rather than to the secretary of the registration board; P.A. 82-419 changed registration to licensure; P.A. 83-574 increased examination fee from $100 to $225; P.A. 86-159 amended Subsec. (c) by changing the examination and reexamination fee from $225 to $30 and an amount sufficient to cover the cost of conducting the exams; P.A. 89-251 amended Subsec. (a) to increase the fee for license renewal from $75 to $150, amended Subsec. (b) to increase the fee for renewal of certificates from $100 to $175, and amended Subsec. (c) to increase the base fee for examinations from $30 to $36; P.A. 92-74 deleted provision in Subsec. (c) which granted National Council of Architectural Registration Boards authority to determine fee levied to cover the cost of conducting examinations; May Sp. Sess. P.A. 92-16 amended Subsec. (a) to replace $150 renewal fee with fee for professional service fee class F established pursuant to Sec. 33-182l; P.A. 94-36 deleted references to “June thirtieth” license expiration date, effective January 1, 1995; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase renewal fee from $175 to $250 and amended Subsec. (c) to increase fees from $36 to $72 and from $50 to $100; P.A. 19-177 amended Subsec. (a) by adding reference to Sec. 20-289, adding provision re proof of completion of continuing education and making technical changes, and added Subsec. (d) re Architect Emeritus registration and practice; P.A. 21-37 amended Subsec. (a) to add reference to attest, added Subsec. (e) re requiring 12 hours of continuing professional education annually and added Subsec. (f) re fees for failure to earn continuing professional education credits within required period and administrative actions after hearing for failure to comply for more than 26 weeks, effective July 1, 2021.

See Sec. 21a-10(b) re staggered schedule for license renewals.

Cited. 20 CS 188.

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Sec. 20-293. Seal. Each architect shall have a seal approved by the board, which shall contain the name of the architect and the words, “Licensed Architect, State of Connecticut”, and such other words or figures as the board deems necessary. The working drawings and specifications prepared for such buildings or structures, which by the terms of this chapter shall be prepared by a licensed architect, shall be stamped with his seal. No person shall designate or imply that he is the author of such working drawings or specifications unless he was in responsible charge of their preparation, whether made by him personally or by his employee or agent under his immediate supervision. Working drawings and specifications prepared by an architectural firm shall be sealed by a principal member or officer of the firm. Except for plans for buildings or structures under the provisions of section 20-298, no official of this state or of any city, town or borough therein, charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or a licensed professional engineer.

(1953, S. 2307d; 1959, P.A. 71; 1971, P.A. 703, S. 5; P.A. 82-419, S. 16, 47.)

History: 1959 act added provision permitting designation of authorship for drawings or specifications made by employee or agent; 1971 act required that working drawings and specifications prepared by architectural firm be sealed by principal member or officer of firm; P.A. 82-419 changed registration to licensure.

Builder not entitled to prohibitory injunction restraining building inspector from requiring seal on plans before issuing permit. 151 C. 655.

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Sec. 20-294. Suspension or revocation of license or certificate. Civil penalty. Reissuance. The Commissioner of Consumer Protection or the board may suspend for a definite period, not to exceed one year, or revoke any license or certificate of authority issued under this chapter, after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, or may officially censure any person holding any such license or certificate of authority and may assess a civil penalty of up to one thousand dollars per violation, (1) if it is shown that the license or certificate was obtained through fraud or misrepresentation, (2) if the holder of the license or certificate has been found guilty by the board, the commissioner or by a court of competent jurisdiction of any fraud or deceit in such holder's professional practice or has been convicted of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the certificate or license holder's ability to safely or competently perform the duties or responsibilities with such license or certificate, (B) information pertaining to the degree of rehabilitation of the certificate or license holder, and (C) the time elapsed since the conviction or release, (3) if the holder of the license or certificate has been found guilty by the board or the commissioner of gross incompetency or of negligence in the planning or construction of buildings, or (4) if it is shown to the satisfaction of the board or the commissioner that the holder of the license or certificate has violated any provision of this chapter or any regulation adopted under this chapter. Any such suspension or revocation of a license or certificate by the board shall be a proposed final decision and submitted to the commissioner in accordance with the provisions of subsection (b) of section 21a-7. The board or the commissioner may reissue any such license or certificate which has been revoked, and may modify the suspension of any such license or certificate which has been suspended.

(1949 Rev., S. 4619; 1961, P.A. 283; P.A. 77-614, S. 175, 610; P.A. 82-419, S. 17, 47; P.A. 98-3, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 06-85, S. 1; P.A. 16-185, S. 17; P.A. 19-177, S. 17; P.A. 22-88, S. 20.)

History: 1961 act extended coverage of section to certificates of authority, provided for suspension of certificates and for censure, added as condition for suspension, revocation or censure violation of any provisions of chapter or regulations and empowered board to reissue revoked certificates and to modify suspensions of certificates; P.A. 77-614 replaced requirement for 30 days' notice of hearing with statement that notice and hearing be in accordance with regulations of consumer protection commissioner and referred to regulations adopted under chapter rather than to regulations of board, effective January 1, 1979; P.A. 82-419 changed registration to licensure and deleted reference to drunkenness or drug addiction as disciplinary grounds; P.A. 98-3 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-85 added civil penalty provision; P.A. 16-185 added provision re suspension or revocation of license or certificate by board to be proposed final decision and submitted to commissioner, effective July 1, 2016; P.A. 19-177 added references to commissioner and added “per violation” re civil penalty; P.A. 22-88 added provisos for felony conviction in Subdiv. (2).

Cited. 20 CS 188.

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Secs. 20-295 and 20-295a. Authority to prepare plans and supervise construction. Architectural designers. Sections 20-295 and 20-295a are repealed.

(1957, P.A. 552, S. 2, 5; February, 1965, P.A. 584; 1969, P.A. 385, S. 2.)

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Sec. 20-295b. Holders of certificate re authority as licensed architects and to perform work of interior designer. (a) Any person who, on October 1, 1969, holds a certificate of authority or renewal issued pursuant to sections 20-295 and 20-295a of the general statutes, revised to 1968, shall be entered on the roster of licensed architects and shall thereafter be authorized and entitled to practice architecture in accordance with the provisions of this chapter.

(b) An architect licensed in this state may perform the work of an interior designer, as prescribed in chapter 396a.

(1969, P.A. 385, S. 1; P.A. 82-419, S. 18, 47; P.A. 21-37, S. 6.)

History: P.A. 82-419 changed term “registered” to “licensed”; P.A. 21-37 designated existing provision as Subsec. (a) and added Subsec. (b) re performing work of interior designer, effective July 1, 2021.

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Sec. 20-296. Inquiry into alleged violations. Orders. Civil penalty. The board may, upon the complaint of any one or more licensed architects or on its own motion, request the Department of Consumer Protection to inquire into the existence of any violations of the provisions of this chapter or the regulations adopted under this chapter. If the board determines that a violation of any such provision or regulation exists, the board may issue an appropriate order to the person or persons found to be so violating such provision or regulation, providing for the immediate discontinuance of such violation, or may assess a civil penalty of up to one thousand dollars, or both. Any such issuance of an order or assessment of a penalty by the board shall be a proposed final decision and submitted to the commissioner in accordance with the provisions of subsection (b) of section 21a-7.

(1957, P.A. 552, S. 4; P.A. 77-614, S. 176, 610; P.A. 82-419, S. 19, 47; P.A. 98-3, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 06-85, S. 2; P.A. 16-185, S. 18.)

History: P.A. 77-614 transferred inquiry power from board to consumer protection department, added reference to violations of regulations and deleted provisions re hearings and re petitions to court for enforcement of orders issued by board, effective January 1, 1979; P.A. 82-419 changed term “registered” to “licensed”; P.A. 98-3 made technical changes; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-85 added civil penalty provision; P.A. 16-185 added provision re issuance of order or assessment of penalty to be proposed final decision and submitted to commissioner, effective July 1, 2016.

Connecticut Society of Architects, having no interest in subject matter, had no standing to sue alleged violator in a representative capacity; board, having direct interest in subject matter, was essential party for rendition of declaratory judgment. 151 C. 68.

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Sec. 20-297. Penalty. Any person who knowingly, wilfully or intentionally violates any provision of this chapter shall be fined not more than five hundred dollars or imprisoned not more than one year or be both fined and imprisoned. The secretary of the board shall aid in the enforcement of this chapter and shall give any information concerning violations of this chapter which come to his attention to the proper prosecuting authorities for action.

(1949 Rev., S. 4620; 1953, S. 2308d; 1957, P.A. 552, S. 3.)

Cited. 20 CA 685.

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Sec. 20-298. Exempted activities. The following activities are exempted from the provisions of this chapter: (1) The practice of engineering by a professional engineer licensed under the provisions of chapter 391, and the performance by such professional engineer of architectural work for which such professional engineer is qualified by education and experience and which is incidental to such professional engineer's engineering work; (2) the construction or alteration of a residential building to provide dwelling space for not more than two families, or of a private garage or other accessory building intended for use with such residential building, or of any farm building or structure for agricultural use; (3) the preparation of details and shop drawings by persons other than architects, for use in execution of the work of such persons, when buildings are designed in accordance with the requirements of this chapter; (4) the activities of employees of architects licensed in this state acting under the instructions, control or supervision of their employers; (5) the superintendence by builders, or properly qualified superintendents employed by such builders, of the construction or structural alteration of buildings or structures; (6) the activities of officers and employees of any public utility corporation whose operations are under the jurisdiction of the Public Utilities Regulatory Authority; (7) the activities of officers and employees of the government of the United States while engaged in this state in the practice of architecture for said government; and (8) the making of plans and specifications for or supervising the erection of any building, any building addition or any alteration to an existing building, where the building, including any addition, contains less than five thousand square feet total area, provided (A) this subdivision shall not be construed to exempt from the provisions of this chapter buildings of less than five thousand square feet total area of the use groups as defined in the State Building Code as follows: Assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories and similar buildings, and (B) the area specified in this subdivision is to be calculated from the exterior dimensions of the outside walls of the building and shall include all occupiable floors or levels.

(1953, S. 2310d; 1971, P.A. 703, S. 6; P.A. 75-486, S. 50, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 174, 348; P.A. 82-419, S. 20, 47; P.A. 86-159, S. 5; P.A. 98-3, S. 7; P.A. 02-59, S. 1; P.A. 11-80, S. 1.)

History: 1971 act replaced “registered architects” with “architects registered in this state” in Subdiv. (d); P.A. 75-486 replaced public utilities commission with public utilities control authority in Subdiv. (f); P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 established division of public utility control as independent department and deleted reference to abolished department of business regulation; P.A. 82-419 changed term “registered” to “licensed”; P.A. 86-159 exempted engineers who perform architectural work provided they are qualified by education and experience and made other technical changes; P.A. 98-3 made technical changes; P.A. 02-59 made technical changes for the purpose of gender neutrality, amended Subdiv. (8) by adding as exempted activities the making of plans and specifications for or supervising the erection of buildings, additions or alterations, where the building, including addition, contains less than 5,000 square feet total area, deleting a provision re making plans and specifications for or supervising the erection of any addition containing less than 5,000 square feet total area to any building, or the making of alterations to any existing building containing less than 5000 square feet total area, deleting a provision in Subpara. (A) re the alteration of buildings of more than 5,000 square feet total area, involving the safety or stability of such buildings, and adding to the exclusion from the exemption, buildings of less than 5000 square feet total area of the use groups defined in the State Building Code as “assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories and similar buildings”, and made other technical changes; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority” in Subdiv. (6), effective July 1, 2011.

Cited. 148 C. 121.

Cited. 20 CS 238.

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Sec. 20-298a. Partnerships of architects and professional engineers. Notwithstanding the provisions of this chapter and chapter 391, one or more architects and one or more professional engineers, each of whom is licensed under the provisions of said chapters, may form a partnership, joint enterprise or association, the title of which may include the words “architects” and “engineers”. At least half of the partners or principals in any such partnership, joint enterprise or association shall be licensed architects and all of its announcements, cards, printed matter and listings shall indicate as to each member whether he is an architect or a professional engineer.

(February, 1965, P.A. 495; P.A. 82-419, S. 21, 47.)

History: P.A. 82-419 changed term “registered” to “licensed”.

Cited. 207 C. 496.

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Sec. 20-298b. Practice of architecture by corporations. (a) The practice of architecture or the offer to practice architecture in this state by individual licensed architects under the corporate form or by a corporation, a material part of the business of which includes architecture, is permitted, provided (1) such personnel of such corporation act on its behalf as architects and its chief executive officer is licensed under the provisions of this chapter, (2) if such corporation is a professional corporation, not less than two-thirds of the voting stock thereof is held by an individual or individuals who are licensed under the provisions of this chapter, and (3) such corporation has been issued a certificate of authorization by the board. If such professional corporation has adopted an employee stock ownership plan, as defined in Section 4975(e)(7) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, for purposes of meeting the two-thirds ownership requirement for professional corporations, voting stock held by such employee stock ownership plan shall be accepted in lieu of, or in addition to, the amount of voting stock held by the licensees of such professional corporation, provided not less than two-thirds of the trustees of such employee stock ownership plan are licensed under the provisions of this chapter. No such corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of his or her employment or relationship with such corporation.

(b) A qualifying corporation desiring a certificate of authorization shall file with the board an application upon a form prescribed by the board. Such application shall state (1) the name and address of such corporation, (2) the city or town and the street and number where such corporation is to maintain its principal office in this state, (3) the names and addresses of all of its stockholders, directors and officers, (4) if such corporation is a professional corporation, a statement as to whether or not the holder or holders of at least two-thirds of the voting stock of such corporation are persons holding a license issued by the board, (5) if such corporation has adopted an employee stock ownership plan, as specified in subsection (a) of this section, the names and addresses of the trustees of such plan, and (6) such other information as may be required by the board. If such professional corporation has adopted an employee stock ownership plan, as specified in subsection (a) of this section, for purposes of meeting the two-thirds ownership requirement for professional corporations, voting stock held by such employee stock ownership plan shall be accepted in lieu of, or in addition to, the amount of voting stock held by the licensees of such professional corporation, provided not less than two-thirds of the trustees of such employee stock ownership plan are licensed under the provisions of this chapter. The application shall be accompanied by an application fee of fifty dollars. If all requirements of this chapter are met, the board shall issue to such corporation a certificate of authorization within sixty days of such application, provided the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate. After obtaining such certificate of authorization, any such corporation may practice architecture subject to the regulations adopted under this chapter. All plans, specifications, sketches, drawings and documents pertaining to any such services rendered by the corporation shall be signed and bear the seal of a Connecticut licensed architect in accordance with the provisions of section 20-293 and the regulations adopted under this chapter. Each certificate of authorization issued under this section shall be renewable annually if all requirements of this chapter are met, provided the board may refuse to renew a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate. A professional corporation holding a certificate of authorization under this section shall report any changes in the ownership of its shares of stock, the person holding the chief executive office, or the person or persons, if any, holding the position of employee stock ownership plan trustee to the board within thirty days after any such change.

(c) Any certificate of authorization issued by the board under this section may be suspended, for a period not to exceed one year, or revoked by the board after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, if it is shown that: (1) The holder of such certificate of authorization does not conform to the requirements of this section; (2) the certificate was obtained through fraud or misrepresentation; or (3) the chief executive officer, the individual holder of any of the stock of the corporation holding such certificate of authorization, any licensed architect employed by or acting on behalf of such corporation or any trustee of an employee stock ownership plan has been censured or has had his or her certificate of registration suspended or revoked by the board pursuant to the provisions of section 20-294.

(d) Each corporation holding a certificate of authorization under this section shall file with the board a designation of an individual or individuals licensed to practice architecture in this state who shall be in charge of architectural work by such corporation in this state. Such corporation shall notify the board of any change in such designation within thirty days after such change becomes effective.

(e) Nothing in this section shall be construed to prohibit any corporation in existence prior to 1933, whose charter authorizes the practice of architecture, from continuing to make plans and specifications and supervise construction as authorized by section 20-290.

(f) Not less than two-thirds of the individual members of a limited liability company or owners of a professional corporation that practices or offers to practice architectural services in this state shall be individually licensed under the provisions of this chapter and shall own not less than two-thirds of the voting interests of the limited liability company or not less than two-thirds of the voting stock of the professional corporation, provided, in the case of a corporation that practices or offers to practice architectural services that has adopted an employee stock ownership plan as described in subsection (a) of this section, the requirements of this subsection shall be satisfied if such corporation meets the requirements of subsection (a) of this section.

(1969, P.A. 422, S. 1–5; June, 1971, P.A. 8, S. 87; 1972, P.A. 223, S. 18; P.A. 74-31; P.A. 77-614, S. 177, 178, 610; P.A. 82-419, S. 22, 47; P.A. 83-574, S. 15, 20; P.A. 84-546, S. 59, 173; P.A. 85-613, S. 125, 154; P.A. 94-36, S. 16, 42; P.A. 98-3, S. 8; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 18-141, S. 9; P.A. 19-177, S. 18.)

History: 1971 act raised renewal fee in Subsec. (b) from $50 to $150; 1972 act reduced renewal fee to $100; P.A. 74-31 required issuance of certificate to corporation meeting requirements within 60 rather than 30 days of the application, changed expiration date from one year after date of issuance to June thirtieth following issuance and deleted provision for $100 renewal fee; P.A. 77-614 replaced reference to regulations of board in Subsec. (b) with reference to regulations established under chapter and replaced provision for 15 days' notice of hearing in Subsec. (c) with statement that notice and hearing are to be in accordance with regulations of consumer protection commissioner, effective January 1, 1979; P.A. 82-419 changed “registration” to “licensure”; P.A. 83-574 required that not less than two-thirds of voting stock of corporation for practice of architecture be owned by licensed architects; P.A. 84-546 changed “Corporations holding a certificate ...” to “A corporation holding a certificate ...” in provision of Subsec. (b) dealing with reporting of “changes in ownership of its shares of stock or in the person holding the chief executive office ...”; P.A. 85-613 reiterated amendment made by P.A. 84-546 which due to error was not printed in the 1985 revision; P.A. 94-36 amended Subsec. (b) to eliminate the reference to the “June thirtieth” license expiration date, effective January 1, 1995; P.A. 98-3 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 18-141 added Subsec. (f) requiring not less than two-thirds of individual members or owners to be individually licensed, effective June 11, 2018; P.A. 19-177 amended Subsec. (a) by deleting reference to holders of voting stock in Subdiv. (1), adding new Subdiv. (2) re professional corporation, redesignating existing Subdiv. (2) as Subdiv. (3), and adding provision re professional corporation adoption of employee stock ownership plan, amended Subsec. (b) by adding “if such corporation is a professional corporation,” in Subdiv. (4), adding new Subdiv. (5) re corporation adoption of employee stock ownership plan, redesignating existing Subdiv. (5) as Subdiv. (6), adding provision re professional corporation adoption of employee stock ownership plan, replacing “corporation” with “professional corporation” and adding reference to person holding position of employee stock ownership plan trustee, amended Subsec. (c) by adding reference to trustee of employee stock ownership plan, amended Subsec. (f) by replacing “corporation” with “professional corporation”, and adding provision re corporation that practices or offers to practice architectural services that has adopted employee stock ownership plan, and made technical changes.

See Sec. 21a-10(b) re staggered schedule for license renewals.

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Sec. 20-298c. Liability of architect who voluntary assists public safety official in evaluating safety elements of built environment in aftermath of major disaster or emergency. (a) As used in this section:

(1) “Built environment” means a human-made environment, including: (A) Homes, (B) buildings, (C) streets, (D) sidewalks, (E) parks, and (F) transportation, energy and other infrastructure; and

(2) “Public safety official” means:

(A) A state or municipal police officer or firefighter;

(B) A building official or assistant building official appointed under sections 29-260 and 29-261, or the State Building Inspector appointed under section 29-252, or such inspector's designee;

(C) A member of a community emergency response team that is activated by the Department of Emergency Services and Public Protection, a local emergency preparedness official or a municipal police agency;

(D) An official from the Department of Emergency Services and Public Protection; or

(E) An official from the Federal Emergency Management Agency.

(b) Any architect licensed pursuant to chapter 390 who, at the request of, under the direction of or in connection with a public safety official, voluntarily and without compensation, acts in good faith to assist such official evaluating the safety of elements of a built environment in the aftermath of a major disaster or emergency, as those terms are defined in section 28-1, shall:

(1) Be held to the same standard of care applicable to a public safety official who would have performed an evaluation of the safety elements of a built environment, if not for the major disaster or emergency, and

(2) Be subject to civil liability only upon a finding that the architect failed to act as a reasonably prudent public safety official, as applicable to the circumstances, would have acted under the same or similar circumstances.

(c) The provisions of subsection (b) of this section shall exclusively apply to acts or omissions by an architect that occur during the time period that a declaration of a civil preparedness emergency pursuant to section 28-9 is effective or for sixty days after the issuance of such declaration, whichever is longer.

(P.A. 22-86, S. 1.)

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