Oklahoma § 59-46.3 - See the following versions:

§ 59-46.3. See the following versions:

OS 59-46.3v1 (HB 3253, Laws 2024, c. 147, § 1).

OS 59-46.3v2 (HB 1793, Laws 2024, c. 138, § 3).

§59-46.3v1. Definitions.

As used in the State Architectural and Registered Commercial

Interior Designers Act:

1. "Architect" means any person who is licensed in the practice

of architecture in the State of Oklahoma as hereinafter defined;

2. "Practice of architecture" means rendering or offering to

render certain services, in connection with the design and

construction, enlargement or alteration of a building or a group of

buildings and the space surrounding such buildings, including

buildings which have as their principal purpose human occupancy or

habitation. The services referred to include planning, providing

preliminary studies, designs, drawings, specifications,

investigations or technical submissions, the administration of

construction contracts, and the coordination of any elements of

technical submissions prepared by other consultants including, as

appropriate and without limitation, consulting engineers and

Oklahoma Statutes - Title 59. Professions and Occupations

landscape architects; provided, that the practice of architecture

shall include such other professional services as may be necessary

for the rendering of or offering to render architectural services.

The preparation of plans and specifications for the following

tasks is within the scope of practice of both architecture and

engineering:

a.

site plans depicting the location and orientation of a

building on the site based on:

(1) a determination of the relationship of the

intended use with the environment, topography,

vegetation, climate, and geographic aspects, and

(2) the legal aspects of site development, including

setback requirements, zoning, and other legal

restrictions,

b.

life safety plans and related codes analyses,

c.

roof plans and details depicting the design of roof

system materials, components, drainage, slopes, and

directions and location of roof accessories and

equipment, not involving structural engineering

calculations,

d.

design of shallow spread footing foundations, and

e.

the incorporation of other design professionals'

depiction of building systems, including

architectural, structural, mechanical, electrical, and

plumbing systems into the design professionals' own

work, in:

(1) plan views,

(2) cross-sections depicting building components from

a hypothetical cut line through buildings, and

(3) the design of details of components and

assemblies;

3. "Registration" or "license" means a certificate of

registration or license issued by the Board. The definition of

"license" shall apply to those persons licensed under a practice

act. The definition of "registration" shall apply to those persons

registered under the title registered commercial interior designer

under this act;

4. "Building" means any structure used, or intended to be used,

to support, shelter, or enclose any use or occupancy;

5. "Board" means the Board of Governors of the Licensed

Architects, Landscape Architects and Registered Commercial Interior

Designers of Oklahoma;

6. "Certificate of authority" means the authorization granted

by the Board for persons to practice or offer to practice

architecture, or landscape architecture, through a partnership,

corporation, limited liability company or limited liability

partnership;

Oklahoma Statutes - Title 59. Professions and Occupations

7. "Certificate of title" means the authorization granted by

the Board for a partnership, corporation, limited liability company

or limited liability partnership to use the title registered

commercial interior designer or any modification or derivation of

these terms;

8. "Technical submissions" means drawings, plans,

specifications, studies and any other technical reports or documents

which are issued in the course of practicing architecture, landscape

architecture or registered commercial interior design with the

intent that they be considered as formal or final documents.

Technical submissions shall not include record drawings or

prototypical plans. However, technical submissions may be further

defined by Board rules;

9. "Responsible control" means the active and personal

management by a licensed architect, landscape architect, or

registered commercial interior designer of the firm's personnel and

practice, applying the required standard of care, to maintain

detailed knowledge over the design and technical decisions related

to the preparation and implementation of the professional services

to which the licensee or registrant affixes his or her seal,

signature, and date;

10. "Landscape architect" means a person licensed to practice

landscape architecture as provided in the State Architectural and

Registered Commercial Interior Designers Act;

11. "Landscape architecture" means the performance of

professional services defined as teaching, consultations,

investigations, reconnaissance, research, planning, design,

preparation of construction drawings and specifications,

construction observation and the coordination of any elements of

technical submissions prepared by others in connection with the

planning and arranging of land and the elements thereon for public

and private use and enjoyment, including the design and layout of

roadways, service areas, parking areas, walkways, steps, ramps,

pools, parks, parkways, trails and recreational areas, the location

and site of improvements including buildings and other structures,

and the grading of the land, surface and subsoil drainage, erosion

control, planting, reforestation, and the preservation of the

natural landscape, in accordance with accepted professional

standards, and to the extent that the dominant purpose of such

services or creative works is the preservation, conservation,

enhancement, or determination of proper land uses, natural land

features, ground cover and plantings, or naturalistic and aesthetic

values.

The practice of landscape architecture shall include the

location and arrangement of tangible objects and features as are

incidental and necessary to the purpose outlined for landscape

architecture. The practice of landscape architecture shall not

Oklahoma Statutes - Title 59. Professions and Occupations

include the design of structures or facilities with separate and

self-contained purposes for habitation or industry, or the design of

public streets, highways, utilities, storm and sanitary sewers and

sewage treatment facilities, that are statutorily defined as the

practice of engineering or architecture;

12. "Code" means the nationally recognized codes adopted by the

Uniform Building Code Commission of the State of Oklahoma;

13. "Building official" means the officer, other designated

authority, or duly authorized representative charged with the

administration and enforcement of the building code as implemented

by the local, municipal or county jurisdiction in which a building

is located. Where no building code has been adopted by the local,

municipal or county jurisdiction, the building official shall be

defined as the State Fire Marshal;

14. "Registered commercial interior designer" means a person

recognized by this state who is registered, qualified by examination

and meeting all the requirements set forth in the State

Architectural and Registered Commercial Interior Designers Act and

the Board's rules;

15. "Plans" means technical documents issued by the licensed

and/or registered professionals intended to meet all current and

applicable codes as adopted by the Uniform Building Code Commission

of the State of Oklahoma, other statutory codes and applicable

federal codes and which shall be submitted to all required building

code and/or permit offices required by the State of Oklahoma,

county, municipal and/or federal government;

16. "Equivalent standards" means those standards adopted by the

Board intended to be used as alternative equivalents to determine

competency for education, training and testing for licensing

architects and/or landscape architects and registering commercial

interior designers and for complying with the Military Service

Occupation, Education and Credentialing Act for military personnel

and their spouses;

17. "Commercial interior design" means the rendering of or the

offering to render designs, consultations, studies, planning,

drawings, specifications, contract documents or other technical

submissions and the administration of interior construction and

contracts relating to nonstructural interior construction by a

registered commercial interior designer in a new constructed or

existing building when the core and shell elements are not going to

be changed;

18. "Nonstructural commercial interior construction" means the

construction of elements which do not include exterior components of

a building such as exterior walls, any load-bearing wall, any loadbearing column or any other load-bearing elements of a building

essential to the structural integrity of the building such as wind

Oklahoma Statutes - Title 59. Professions and Occupations

loads and seismic loads and to any element which must be designed

for wind loads and seismic loads; and

l9. "Fire and life safety systems" means those systems and

construction that pertain to fire and life safety protection, such

as fire sprinklers, fire alarms, smoke evacuation systems, fire

walls, fire barriers or smoke barriers as defined by the current

International Building Code adopted by the Oklahoma Uniform Building

Code Commission.

The definitions in the State Architectural and Registered

Commercial Interior Designers Act shall have the same meaning when

applicable to any rule promulgated pursuant to such act.

Added by Laws 1947, p. 347, § 3, emerg. eff. April 16, 1947.

Amended by Laws 1949, p. 387, § 1, emerg. eff. May 6, 1949; Laws

1978, c. 191, § 1; Laws 1980, c. 314, § 2, eff. July 1, 1980; Laws

1986, c. 154, § 1, eff. July 1, 1986; Laws 1986, c. 287, § 3,

operative July 1, 1986. Renumbered from § 45.3 of this title by

Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws

1998, c. 220, § 2, eff. July 1, 1998; Laws 2005, c. 77, § 1, eff.

July 1, 2005; Laws 2006, c. 163, § 3, eff. July 1, 2006; Laws 2006,

c. 193, § 2, eff. July 1, 2006; Laws 2009, c. 184, § 3, eff. July 1,

2009; Laws 2014, c. 234, § 3, eff. July 1, 2014; Laws 2021, c. 443,

§ 3, eff. July 1, 2021; Laws 2024, c. 147, § 1, eff. Nov. 1, 2024.

§59-46.3v2. Definitions.

As used in the State Architectural and Licensed Interior

Designers Act:

1. "Architect" means any person who is licensed in the practice

of architecture in the State of Oklahoma as hereinafter defined;

2. "Practice of architecture" means rendering or offering to

render certain services, in connection with the design and

construction, enlargement or alteration of a building or a group of

buildings and the space surrounding such buildings, including

buildings which have as their principal purpose human occupancy or

habitation. The services referred to include planning, providing

preliminary studies, designs, drawings, specifications,

investigations and other technical submissions, the administration

of construction contracts, and reviewing and coordinating technical

submissions prepared by other licensed professionals for use in the

construction or alteration of any building in the Code Use Groups

subject to the State Architectural and Licensed Interior Designers

Act; provided, that the practice of architecture shall include such

other professional services as may be necessary for the rendering of

or offering to render architectural services;

3. "License" means a license issued by the Board;

4. "Building" means a structure consisting of a foundation,

walls, all floors and roof, with or without other parts;

Oklahoma Statutes - Title 59. Professions and Occupations

5. "Board" means the Board of Governors of the Architects,

Landscape Architects and Licensed Interior Designers of Oklahoma;

6. "Certificate of authority" means the authorization granted

by the Board for persons to practice or offer to practice

architecture, landscape architecture, or licensed interior design

through a partnership, firm, association, corporation, limited

liability company or limited liability partnership;

7. "Technical submissions" means drawings, plans,

specifications, studies and any other technical reports or documents

which are issued in the course of practicing architecture, landscape

architecture or licensed interior design with the intent that they

be considered as formal or final documents, but shall not include

record drawings. Prototypical plans are not technical submissions;

8. "Responsible control" means the amount of direct control and

personal supervision of architectural, landscape architectural or

licensed interior design work and detailed knowledge of the content

of tactical and technical submissions during their preparation as is

ordinarily exercised by architects, landscape architects or licensed

interior designers applying the required professional standard of

care. The terms direct control and personal supervision, whether

used separately or together, mean active and personal management of

the firm's personnel and practice to maintain charge of, and

concurrent direction over, architecture, landscape architecture or

licensed interior design and the instruments of professional

services to which the licensee affixes the seal, signature, and

date;

9. "Landscape architect" means a person licensed to practice

landscape architecture as provided in the State Architectural and

Licensed Interior Designers Act;

10. "Landscape architecture" means the performance of

professional services defined as teaching, consultations,

investigations, reconnaissance, research, planning, design,

preparation of construction drawings and specifications,

construction observation and the coordination of any elements of

technical submissions prepared by others in connection with the

planning and arranging of land and the elements thereon for public

and private use and enjoyment, including the design and layout of

roadways, service areas, parking areas, walkways, steps, ramps,

pools, parks, parkways, trails and recreational areas, the location

and site of improvements including buildings and other structures,

and the grading of the land, surface and subsoil drainage, erosion

control, planting, reforestation, and the preservation of the

natural landscape, in accordance with accepted professional

standards, and to the extent that the dominant purpose of such

services or creative works is the preservation, conservation,

enhancement, or determination of proper land uses, natural land

Oklahoma Statutes - Title 59. Professions and Occupations

features, ground cover and plantings, or naturalistic and aesthetic

values.

The practice of landscape architecture shall include the

location and arrangement of tangible objects and features as are

incidental and necessary to the purpose outlined for landscape

architecture. The practice of landscape architecture shall not

include the design of structures or facilities with separate and

self-contained purposes for habitation or industry, or the design of

public streets, highways, utilities, storm and sanitary sewers and

sewage treatment facilities, that are statutorily defined as the

practice of engineering or architecture;

11. "Code" means the nationally recognized codes adopted by the

Uniform Building Code Commission of the State of Oklahoma;

12. "Applicable building official" means the official

responsible for the application of the adopted building code as

implemented by the local, municipal or county jurisdiction in which

a building is located. Where no building code has been adopted by

the local, municipal or county jurisdiction, the applicable building

official shall be defined as the State Fire Marshal;

13. "Licensed interior designer" means a person licensed to

practice licensed interior design as provided in the State

Architectural and Licensed Interior Designers Act;

14. "Plans" means technical documents issued by the licensed

professionals intended to meet all current and applicable codes as

adopted by the Uniform Building Code Commission of the State of

Oklahoma, other statutory codes and applicable federal codes and

which shall be submitted to all required building code and/or permit

offices required by the State of Oklahoma, county, municipal and/or

federal government;

15. "Equivalent standards" means those standards adopted by the

Board intended to be used as alternative equivalents to determine

competency for education, training and testing for architects,

landscape architects and licensed interior designers and for

complying with the Military Service Occupation, Education and

Credentialing Act for military personnel and their spouses;

16. "Licensed interior design" means the rendering of or the

offering to render services relating to nonstructural interior

construction by a licensed interior designer in a newly constructed

or existing building, including but not limited to:

a.

analysis, research, planning, and design of the

interior spaces of a building for the purpose of

enhancing and protecting the health, safety, and

welfare of the public by preparation of interior

drawings, specifications, or other technical

submissions and administration of nonstructural

interior construction,

Oklahoma Statutes - Title 59. Professions and Occupations

b.

design and specification of code-compliant interior

finishes, furnishings, fixtures, or equipment,

c.

design or modification of existing nonstructural

interior partitions, doors, suspended ceiling systems,

or constructed ceiling elements,

d.

design or modification of existing internal

circulation systems or number and configuration of

interior exits for suite occupant load, or

e.

review, analysis, and evaluation of building codes,

accessibility standards, or guidelines for interior

planning, design, and nonstructural interior

construction compliance;

17. "Nonstructural interior construction" means the

construction of elements which do not include:

a.

design of, or the responsibility for, architectural

and engineering work, except as explicitly provided

for in this act,

b.

altering the building's existing primary structural,

fire and life safety, mechanical, electrical, and

plumbing systems, as set out in Oklahoma state law,

this act, or the current International Building Code

as adopted by the Oklahoma Uniform Building Code

Commission, or other related primary building systems,

and

c.

changes to the building's core and shell; and

18. "Fire and life safety systems" means those systems and

construction that pertain to fire and life safety protection, such

as fire sprinklers, fire alarms, smoke evacuation systems, fire

walls, fire barriers or smoke barriers as defined by the current

International Building Code adopted by the Oklahoma Uniform Building

Code Commission.

The definitions in the State Architectural and Licensed Interior

Designers Act shall have the same meaning when applicable to any

rule promulgated pursuant to such act.

Added by Laws 1947, p. 347, § 3, emerg. eff. April 16, 1947.

Amended by Laws 1949, p. 387, § 1, emerg. eff. May 6, 1949; Laws

1978, c. 191, § 1; Laws 1980, c. 314, § 2, eff. July 1, 1980; Laws

1986, c. 154, § 1, eff. July 1, 1986; Laws 1986, c. 287, § 3,

operative July 1, 1986. Renumbered from § 45.3 of this title by

Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws

1998, c. 220, § 2, eff. July 1, 1998; Laws 2005, c. 77, § 1, eff.

July 1, 2005; Laws 2006, c. 163, § 3, eff. July 1, 2006; Laws 2006,

c. 193, § 2, eff. July 1, 2006; Laws 2009, c. 184, § 3, eff. July 1,

2009; Laws 2014, c. 234, § 3, eff. July 1, 2014; Laws 2021, c. 443,

§ 3, eff. July 1, 2021; Laws 2024, c. 138, § 3.