TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1150 ILLINOIS ARCHITECTURE PRACTICE ACT OF 1989
SECTION 1150.85 ACTS CONSTITUTING THE PRACTICE OF ARCHITECTURE PURSUANT TO SECTION 5 OF THE ACT
Section 1150.85 Acts Constituting the Practice of Architecture Pursuant to Section 5 of the Act
1) The design/build project delivery process is a process characterized for its single point of responsibility in managing, directing and coordinating the design and construction of a project whereby an entity signs a single contract with a client to provide a combination of services that includes architectural and construction services. Design, as used in the term design/build identifying the project delivery process, shall mean architectural services.
2) The design/build entity will not be required to register as a professional design firm pursuant to Section 21 of the Act and Section 1150.80 of this Part only if the architectural services in the design/build project delivery process are provided by the entity in accordance with the following:
A) An Illinois licensed architect practicing as a sole proprietorship or a professional design firm registered in Illinois to offer the practice of architecture, as set forth in Section 21 of the Act and Section 1150.80 of this Part, independently contracts with the entity and participates substantially in all material aspects of the offering and providing of architectural services relating to any bid process, contract negotiations, design, consultation, development, preparation and coordination of technical submissions, and verification of adherence to technical submissions and completion.
B) At the time of offering services, a written disclosure shall be given to the client by the entity identifying the architect who will be engaged by and is contractually responsible to the entity offering design/build project services.
C) The entity agrees that the architect will have direct supervision of the architectural work and the architect's services will not be terminated on the project without the immediate replacement by another architect mutually agreed to by the client and the entity.
3) A design/build entity shall not offer to provide or provide architectural services, unless the design/build entity is an Illinois licensed architect practicing as a sole proprietorship or registered professional design firm offering architectural services. Offering to provide architectural services shall include, but shall not necessarily be limited to, any tender of architectural services either independently or in combination with construction services by any sign, card, advertisement or other device that might indicate to the public that the entity is entitled to provide architectural services. However, an entity that is not an Illinois licensed architect practicing as a sole proprietorship or registered professional design firm offering architectural services may advertise the design/build project delivery process provided the advertisement does not imply to the public that the entity by itself is either entitled or qualified to offer or provide design services.
b) Architectural Competitions
1) Participants in architectural competitions in Illinois shall comply with the Act. All services, such as preliminary design and design development, are to be prepared by or under the direct supervision and control of an Illinois licensed architect.
2) If an architectural competition is conducted in an academic setting or the project is fictitious and will not be constructed, a person/professional design firm is not required to be licensed in Illinois.
c) Use of Title
1) A person, sole proprietorship, professional service corporation, limited liability company, corporation or partnership, or other entity practicing pursuant to an exemption from licensure contained in Section 3 of the Act shall not use the title "architect" or any of its derivations unless the person or other entity holds an active license as an architect or registration as a professional design firm in this State.
2) No person, sole proprietorship, professional service corporation, limited liability company, corporation or partnership, or other entity that practices architecture shall advertise or display any sign or card or other device that might indicate to the public that the person or entity is entitled to practice as an architect or use the title "architect" or any of its derivations unless the person or other entity holds an active license as an architect or registration as a professional design firm in this State.
3) No person, without possessing a valid license as an architect issued by the Division, shall in any manner hold himself or herself out to the public as an architect, attach the title "architect" or any of its derivations, or offer to render or render to individuals, corporations, or the public any architectural services as defined in the Act if the word "architect" or any of its derivations are used to describe the person offering to render or rendering them or describe the services rendered or offered to be rendered.
d) Prototypical Documents
1) "Prototypical documents" consist of drawings or specifications that are not intended as final and complete technical submissions for a building project, but rather are to serve as a prototype for a building or buildings to be constructed in more than one location, with minimal design changes or additions, except those required to adapt the prototype building or buildings to each particular site and to the regulations and codes that apply. Prototypical documents may or may not be premised upon laws, rules and regulations, or an adopted building code of a particular state, county or municipality, but shall be adaptable to the regulations or codes of each applicable construction location. Prototypical documents are generally not designated for a specific climate, weather, topography, soil, or other site-specific conditions or requirements, but are intended to be adapted to those and other site-specific conditions.
2) Prototypical documents shall be prepared by an architect licensed in any jurisdiction. Technical submissions for the construction of the project shall be prepared by or under the responsible control of an Illinois licensed architect.
3) The documents shall be identified as "prototypical documents". The name, address and seal of the architect who prepared the prototypical documents, and the date the documents were prepared, shall be provided on the first sheet of any bound set or loose sheets of documents utilized as prototypical documents.
4) Nothing in this Part precludes the use of prototypical documents, provided the Illinois licensed architect:
A) Obtains written permission from the architect who prepared or sealed the prototypical documents, and from the legal owner of the prototypical documents, to use, revise, amend and otherwise adapt the prototypical documents;
B) Thoroughly analyzes the prototypical documents, makes necessary revisions, and adds all required elements and design information (including the design services of engineering consultants, if warranted), so that the prototypical documents become suitable complete technical submissions, in full compliance with applicable codes, regulations, and site-specific requirements;
C) Independently performs and maintains on file the necessary calculations and analysis to verify the public health and safety suitability of all elements or features portrayed by the original prototypical documents; and
D) After analyzing, calculating and making revisions and additions, issues the technical submissions with his or her title block, Illinois seal and design firm registration number, as required (including the seals and design firm registration numbers of engineering consultants, as applicable), and maintains control over the use of the final adapted documents as if they were his or her original design, assuming full responsibility as the architect of record.
(Source: Amended at 33 Ill. Reg. 11477, effective July 22, 2009)