Okla. Stat. tit. 59 § 46.3

Current through Laws 2024, c. 453.
Section 46.3 - [Effective 90 days after the end of the 2024 legislative session] [Multiple versions] 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;
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 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,
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.

Okla. Stat. tit. 59, § 46.3

Amended by Laws 2024, c. 138,s. 3, eff. 90 days after the end of the 2024 legislative session.
Amended by Laws 2021 , c. 443, s. 3, eff. 7/1/2021.
Amended by Laws 2014 , c. 234, s. 3, eff. 5/6/2014.
Added by Laws 1947, HB 149, p. 347, § 3, emerg. eff. 4/16/1947; Amended by Laws 1949, HB 49, p. 387, § 1; Amended by Laws 1978, HB 1747, c. 191, § 1; Amended by Laws 1980, HB 1642, c. 314, § 2, emerg. eff. 7/1/1980; Amended by Laws 1986, SB 573, c. 154, § 1, emerg. eff. 7/1/1986; Amended by Laws 1986, HB 1879, c. 287, § 3, emerg. eff. 7/1/1986; Renumbered from 59 O.S. § 45.3 by Laws 1986, HB 1879, c. 287, § 30, emerg. eff. 7/1/1986; Amended by Laws 1998 , HB 2405, c. 220, §2, emerg. eff. 7/1/1998; Amended by Laws 2005 , HB 1511, c. 77, §1, emerg. eff. 7/1/2005; Amended by Laws 2006 , SB 1991, c. 163, §3, emerg. eff. 7/1/2006; Amended by Laws 2006 , HB 2379, c. 193, §2, emerg. eff. 7/1/2006; Amended by Laws 2009 , SB 592, c. 184, §3, emerg. eff. 7/1/2009.