Colorado § 12-120-402 - Definitions.

§ 12-120-402. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) "Architect" means a person licensed under this part 4 and entitled thereby to conduct a practice of architecture in the state of Colorado.

(2) "Buildings" means buildings of any type for public or private use, including the structural, mechanical, and electrical systems, utility services, and other facilities required for the buildings.

(3) "Drawings" means the original documents produced to describe a project. The original documents may be produced by computer-assisted design and drafting software, commonly known as "CADD", or other means.

(4) "Dwellings" means private residences intended for permanent occupancy by one or more families but does not include apartment houses, lodging houses, hotels, or motels.

(5) (a) "Practice of architecture" means providing any of the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and the site surrounding those buildings, which have as their principal purpose human occupancy or habitation:

(I) Predesign;

(II) Programming;

(III) Planning;

(IV) Providing designs, drawings, specifications, and other technical submissions;

(V) Administering construction contracts; and

(VI) Coordinating any elements of technical submissions prepared by others.

(b) An architect's professional services, unless performed pursuant to the exemptions set forth in section 12-120-403 by a person who is not an architect, may include any or all of the following:

(I) Investigations, evaluations, schematic and preliminary studies, designs, working drawings, and specifications for construction, or for one or more buildings, and for the space within and surrounding the buildings or structures;

(II) Coordination of the work of technical and special consultants;

(III) Compliance with generally applicable codes and regulations and assistance in the governmental review process;

(IV) Technical assistance in the preparation of bid documents and agreements between clients and contractors;

(V) Contract administration; and

(VI) Construction observation.

(c) An individual practices or offers to practice architecture within the meaning and intent of this subsection (5) if the individual, by oral claim, sign, advertisement, letterhead, card, or in any other way, represents oneself to be an architect, implies that the individual is licensed under this part 4, or performs or offers to perform a service listed in subsection (5)(b) of this section.

(6) "Responsible control" means that amount of control over and detailed knowledge of the content of plans, designs, drawings, specifications, and reports during their preparation as is ordinarily exercised by a licensed architect applying the required standard of care.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 905, § 1, effective October 1. L. 2024: (5)(c) amended, (HB 24-1329), ch. 342, p. 2317, § 20, effective August 7.

Editor's note: This section is similar to former § 12-25-302 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Formerly, engineers were confined to the industrial and structural field, while architects only were committed to the field of public or semi-public buildings. Heron v. City of Denver, 131 Colo. 501, 283 P.2d 647 (1955).

The statutory definition of the practice of architecture does not outlaw the practice of architecture by an employee. Neverdahl v. Linder, 141 Colo. 186, 347 P.2d 512 (1959).

Had the general assembly intended to limit the definition of the practice of architecture to outlaw the practice of architecture by an employee, it would have been relatively easy to state that one who is employed by a firm which has performed work requiring the services of an architect is not engaged in the practice of architecture. Neverdahl v. Linder, 141 Colo. 186, 347 P.2d 512 (1959).