Public Act 093-1009
 
SB2252 Enrolled LRB093 15879 RCE 41496 b

    AN ACT in relation to the regulation of professions.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Section 2105-75 as follows:
 
    (20 ILCS 2105/2105-75)  (was 20 ILCS 2105/61f)
    Sec. 2105-75. Design professionals designated Dedicated
employees. There are established within the Department certain
design professionals designated dedicated employees. These
employees shall be devoted primarily exclusively to the
administration and enforcement of the Illinois Architecture
Practice Act, the Illinois Professional Land Surveyor Act of
1989, the Professional Engineering Practice Act of 1989, and
the Structural Engineering Practice Act of 1989. The design
professionals designated dedicated employees that the Director
shall employ, in conformity with the Personnel Code, shall
include but not be limited to at a minimum shall consist of one
full-time Design Licensing Manager Coordinator, one full-time
Assistant Licensing Manager Coordinator, 4 full-time licensing
clerks, one full-time attorney, and 2 full-time investigators.
These employees shall work primarily exclusively in the
licensing and enforcement of the design profession Acts set
forth in this Section and may shall not be used, when
available, for for the licensing and enforcement of any other
Act or other duties in the Department subject to the
authorization of the Department.
(Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00; 91-357,
eff. 7-29-99; 92-16, eff. 6-28-01.)
 
    Section 10. The Illinois Architecture Practice Act of 1989
is amended by changing Sections 3, 4, 13, and 36 as follows:
 
    (225 ILCS 305/3)  (from Ch. 111, par. 1303)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 3. Application of Act. Nothing in this Act shall be
deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Act of 1989, the practice of professional engineering as
defined in the Professional Engineering Practice Act of 1989,
or the preparation of documents used to prescribe work to be
done inside buildings for non-loadbearing interior
construction, furnishings, fixtures and equipment, or the
offering or preparation of environmental analysis, feasibility
studies, programming or construction management services by
persons other than those licensed in accordance with this Act,
the Structural Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
    Nothing contained in this Act shall prevent the draftsmen,
students, project representatives and other employees of those
lawfully practicing as licensed architects under the
provisions of this Act, from acting under the direct
supervision and control of their employers, or to prevent the
employment of project representatives for enlargement or
alteration of buildings or any parts thereof, or prevent such
project representatives from acting under the direct
supervision and control of the licensed architect by whom the
construction documents including drawings and specifications
of any such building, enlargement or alteration were prepared.
    Nothing in this Act or any other Act shall prevent a
licensed registered architect from practicing interior design
services. Nothing in this Act shall be construed as requiring
the services of an interior designer for the interior designing
of a single family residence.
    The involvement of a licensed architect is not required for
the following This Act does not apply to any of the following:
        (A) The building, remodeling or repairing of any
    building or other structure outside of the corporate limits
    of any city or village, where such building or structure is
    to be, or is used for farm purposes, or for the purposes of
    outbuildings or auxiliary buildings in connection with
    such farm premises.
        (B) The construction, remodeling or repairing of a
    detached single family residence on a single lot.
        (C) The construction, remodeling or repairing of a
    two-family residence of wood frame construction on a single
    lot, not more than two stories and basement in height.
        (D) Interior design services for buildings which do not
    involve life safety or structural changes.
    However, when an ordinance of a unit of local government
requires the involvement of a licensed architect for any
buildings included in the preceding paragraphs (A) through (D),
the requirements of this Act shall apply. All all buildings not
included in the preceding paragraphs (A) through (D), including
multi-family buildings and buildings previously exempt from
the involvement of a licensed architect under those paragraphs
but subsequently non-exempt due to a change in occupancy or
use, are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 92-16,
eff. 6-28-01.)
 
    (225 ILCS 305/4)  (from Ch. 111, par. 1304)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 4. Definitions. In this Act:
    (a) "Department" means the Department of Professional
Regulation.
    (b) "Director" means the Director of Professional
Regulation.
    (c) "Board" means the Illinois Architecture Licensing
Board appointed by the Director.
    (d) "Public health" as related to the practice of
architecture means the state of the well-being of the body or
mind of the building user.
    (e) "Public safety" as related to the practice of
architecture means the state of being reasonably free from risk
of danger, damage, or injury.
    (f) "Public welfare" as related to the practice of
architecture means the well-being of the building user
resulting from the state of a physical environment that
accommodates human activity.
(Source: P.A. 86-702.)
 
    (225 ILCS 305/13)  (from Ch. 111, par. 1313)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 13. Qualifications of applicants. Any person who is of
good moral character may take an examination for licensure if
he or she is a graduate with a first professional degree in
architecture from a program accredited by the National
Architectural Accrediting Board and has completed such
diversified professional training, including academic
training, as is required by rules of the Department. Until
January 1, 2010, in In lieu of the requirement of graduation
with a first professional degree in architecture from a program
accredited by the National Architectural Accrediting Board,
the Department may admit an applicant who is a graduate with a
pre-professional 4 year baccalaureate degree accepted for
direct entry into a first professional master of architecture
degree program, and who has completed such additional
diversified professional training, including academic
training, as is required by rules of the Department. The
Department may adopt, as its own rules relating to diversified
professional training, those guidelines published from time to
time by the National Council of Architectural Registration
Boards.
    Good moral character means such character as will enable a
person to discharge the fiduciary duties of an architect to
that person's client and to the public in a manner which
protects health, safety and welfare. Evidence of inability to
discharge such duties may include the commission of an offense
justifying discipline under Section 19. In addition, the
Department may take into consideration whether the applicant
has engaged in conduct or actions that would constitute grounds
for discipline under this Act.
(Source: P.A. 91-133, eff. 1-1-00.)
 
    (225 ILCS 305/36)  (from Ch. 111, par. 1336)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 36. Violations. Each of the following Acts constitutes
a Class A misdemeanor for the first offense and a Class 4
felony for a second or subsequent offense:
        (a) the practice, attempt to practice or offer to
    practice architecture, or the advertising or putting out of
    any sign or card or other device which might indicate to
    the public that the person is entitled to practice
    architecture, without a license as a licensed architect, or
    registration as a professional design firm issued by the
    Department. Each day of practicing architecture or
    attempting to practice architecture, and each instance of
    offering to practice architecture, without a license as a
    licensed architect or registration as a professional
    design firm constitutes a separate offense;
        (b) the making of any wilfully false oath or
    affirmation in any matter or proceeding where an oath or
    affirmation is required by this Act;
        (c) the affixing of a licensed architect's seal to any
    construction documents which have not been prepared by that
    architect or under the architect's direct supervision and
    control;
        (d) the violation of any provision of this Act or its
    rules;
        (e) using or attempting to use an expired, inactive,
    suspended, or revoked license, or the certificate or seal
    of another, or impersonating another licensee;
        (f) obtaining or attempting to obtain a license or
    registration by fraud; or
        (g) If any person, sole proprietorship, professional
    service corporation, limited liability company,
    corporation or partnership, or other entity practices
    architecture or advertises or displays 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
    the State; then, in addition to any other penalty provided
    by law any person or other entity who violates this
    subsection (g) shall forfeit and pay to the Design
    Professionals Administration and Investigation Fund a
    civil penalty in an amount determined by the Department of
    not more than $5,000 for each offense.
    An unlicensed person who has completed the education
requirements, is actively participating in the diversified
professional training, and maintains in good standing a
training record as required for licensure by this Act may use
the title "architectural intern", but may not engage in the
practice of architecture.
(Source: P.A. 88-428.)

Effective Date: 1/1/2005