Delaware General Assembly

CHAPTER 60

AN ACT for the Registration of Architects in the State of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Be it enacted that a Board of Examiners and Registration of Architects is hereby created, the members of which and their successors shall be appointed by the Governor and removable at his pleasure, and which Board, shall make rules for the holding of examinations and registration of applicants for the certificates provided for by this Act.

Section 2. The Board shall be appointed within ninety days after the approval of this Act, and shall be composed of five Architects who have been in active practice in the State of Delaware for not less than three years previous to their appointment.

Section 3. In making the first appointments under this Act, the Governor shall appoint one of the said members of said Board to hold office for a period of one year; one to hold office for a period of two years; one to hold office for a period of three years; one for four years, and one for five years, and thereafter all appointments shall be made for a period of five years. In case a successor is not appointed at the expiration of the time of any member, such member shall hold office until his successor has been duly appointed and qualified. In the event of any vacancy occurring in the membership of said Board and in any manner other than by expiration of time, the Governor shall fill said vacancy by an appointment for the unexpired term.

Section 4. The members of said Board shall, before entering upon the discharge of their duties, subscribe to and file with the Secretary of State the constitutional oath of office its appointment, and shall elect from its membership a president and secretary.

Section 5. The Board of Examiners and Registration of Architects shall meet for organization within thirty days after its appointment, and shall elect from its membership a president and secretary.

Section 6. The said Board shall adopt all necessary rules, regulations and by-laws, not inconsistent with this Act, and the Constitution and laws of this State and of the United States, to govern its time and places of meeting for organization and reorganization and the holding of examinations, the length of the terms of its officers and all other matters requisite to the exercise of its powers, the performance of its duties and the transaction of its business under the provisions of this Act. At least one meeting shall be held each year for the purpose of examination for registration.

Section 7. Three members of the said Board shall constitute a quorum, but no action at any meeting can be taken without at least three votes in accord.

Section 8. The Secretary of said Board shall keep a true record of all proceedings of the Board.

Section 9. The said Board may incur such expenses as shall be necessary, all of which expenses shall be paid only out of the revenue arising from this Act and in the manner hereinafter mentioned and provided.

Section 10. All fees provided for by this Act and all fines and penalties derived from the operation of this Act shall be paid to and receipted for by the Treasurer of the State of Delaware, and shall not be used for any purpose other than the purpose of this Act. The expenses of the Board of Examiners and Registration of Architects, subject to the approval of the State Treasurer, shall be paid by him upon written order and warrant of the President and Secretary of said Board.

Section 11. The members of said Board shall serve without compensation for their services.

Section 12. A roster showing the names and places of business and of residences of all registered Architects shall be prepared by the Secretary of the Board during the month of July of each year. On or before the first day of August each year the Board shall submit to the Governor a report of its transactions for the preceding year, together with a complete statement of the receipts and expenditures of the Board, certified by the President and the Secretary, and a copy of said roster of Registered Architects. A copy of this report shall be filed with the Secretary of State.

Section 13. In order to safeguard life, health and property, no person, except as hereinafter provided, shall after the passage of this Act, practice Architecture in this State or use the title Architect or Registered Architect, or any title, sign, card or device to indicate that such person is practicing architecture or is an architect unless such person shall have secured from the said Board a certificate of registration in the manner hereinafter provided, and shall thereafter comply with the provisions of this Act whether practicing as a member of a firm or through a corporation. In the case of a corporation, partnership or association practicing architecture in this State each member of the corporation, partnership or association whose name appears as a member of the firm shall secure a certificate of registration.

Section 14. Any person who is practicing architecture in this State as an architect and is maintaining his principal office in the State of Delaware at the time of the passage of this Act may continue his practice and the use of the title "Architect", and any such person after becoming duly registered in the manner provided by and pursuant to this Act may be styled or known as a Registered Architect.

Section 15. In order to receive a certificate of registration, the applicant shall satisfactorily pass an examination in such academic, technical and professional subjects as shall be prescribed by the Board of Examiners and Registration of Architects. The Board may, in lieu of examination, accept satisfactory evidence of any one of the qualifications set forth under subdivisions (a), (b) and (c) of this section.

(a) A diploma of graduation or satisfactory certificate from an architectural college or school that he or she has completed a technical course approved by the American Institute of Architects, together with and subsequent thereto of at least five years satisfactory experience in the office or offices of reputable Architect or Architects.

(b) Registration or certification as an Architect in another State or Country, where the requirements for the registration are equal, in the opinion of said Board, to the requirements in this State.

(c) Satisfactory evidence that he or she has had ten years' practical experience in the offices of a reputable architect or architects or five years of practice as an architect under his or her own name and/or as a member or an officer of a corporation engaged in the practice of architecture, the total of said five years of practical experience to have been completed no later than within two years after the time of the passage of this Act.

The Board may require applicants under subdivisions (a) and (b) to furnish satisfactory evidence of knowledge of professional practice.

Section 16. The fee to be paid to the Board by an applicant for an examination to determine his fitness to receive a certificate of registration as Registered Architect shall be twenty dollars.

The fee to be paid to the Board by an applicant who has passed the examination to determine his fitness to receive a certificate of registration as Registered Architect shall be five dollars.

The fee to be paid to the Board by an applicant for a certificate of registration as Registered Architect, who is an Architect registered or licensed under the laws of another State or Territory of the United States, or of a foreign Country or Province shall be twenty-five dollars.

The fee to be paid to the Board for the renewal of a certificate of registration shall be five dollars.

Fees are not refunded for any cause.

Section 17. Certificates:--Filing, recording and renewal of all examination papers and other evidences of qualifications submitted by each applicant shall be filed with the Board of Examiners and Registration of Architects, and said Board shall keep a record open to public inspection at all reasonable times, of its proceedings, relating to the issuance, refusal, renewal, suspension and revocation of certificate of registration.

This record shall also contain the name, known place of business and residence, and the date and number of the certificate of registration of every Registered Architect entitled to practice his profession in the State of Delaware.

Every person granted such certificate of registration shall have the same recorded with the Secretary of State of this State.

Section 18. Every Registered Architect in this State who desires to continue the practice of his profession shall, annually, during the month of July, renew his certificate of registration, and pay to the Board the renewal fee required by this Act.

A person who fails to renew his certificate of registration during the month of July in each year may not thereafter, renew his certificate except upon payment of the fee required by this Act.

Every renewal certificate shall expire on the thirtieth day of June following its issuance.

Section 19. Revocation of Certificates:--The Board of Examiners and Registration of Architects may revoke any certificate After thirty days notice with grant of hearing to the holder thereof, if proof satisfactory to the Board be presented in the following cases:

(d) In case it is shown that the certificate of registration was obtained through fraud or misrepresentation.

(e) In case the holder of the certificate of registration has been found to have committed any fraud or deceit in his professional practice, or has been convicted of a felony.

(f) In case the holder of the certificate of registration has been grossly incompetent or reckless in the planning or construction of buildings.

Section 20. Proceedings for the annulment or the revocation of a certificate of registration shall be begun by filing a written statement with the Board of Examiners and Registration of Architects against the person charged under the preceding section. A time and place for the hearing of the charges shall be fixed by the Board. The Board shall make a written report of its findings, which report shall be filed with the Secretary of State of the State of Delaware.

Section 21. Every person who is lawfully making use of the title of Architect in this State before the going into effect of this Act, shall, within two years after the passage of this Act, record his name with proof of his use of such title with the Board of Examiners and Registration of Architects, such recording not to be interpreted as evidence of competency or ability unless applicant applied for and is granted a certificate of registration.

Section 22. On and after the passage of this Act, the use of the title of Architect or Registered Architect, or the use of any title, sign, card or device to indicate or intending to imply that the person using the same is an Architect or Registered Architect, without compliance with the provisions of this Act, or the making of any wilfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this Act, shall be a misdemeanor punishable by a fine of not more than two hundred dollars, or imprisonment for not more than one year, or both.

Section 23. This Act shall take effect immediately.

Approved April 20, 1933.