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Form a Business

ARCHITECTS

KRS tit. XXVI, ch. 323
in effect

KRS 323.010 Definitions

323.010. Definitions As used in this chapter, unless the context requires otherwise: (1) "Board" means the Kentucky Board of Architects; (2) An "architect" is any person who engages in the practice of architecture as hereinafter defined; (3) The "practice of architecture" is the rendering or offering to render certain services, hereinafter described, in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. The services referred to in the previous sentence include planning, providing preliminary studies, designs, drawings and specifications, and administration of construction contracts; (4) A "building" is a structure which has as its principal purpose human habitation or use; (5) "Use group" is the classification of a building or structure based on the purpose for which it is used, as set forth in the Kentucky Building Code; (6) "Consultant" is an individual, partnership, or firm acting subordinately and in a position of service to an architect engaged in the practice of architecture as defined; and (7) "Administration of construction contracts" means: (a) Conducting periodic site visits; (b) Reviewing shop drawings and reviewing other submittals required of the contractor by the terms of the construction contract documents; (c) Reporting to the owner any violations of applicable building codes and any substantial deviations from the contract documents that the architect observes; or (d) Reporting to the building official any violations of applicable building codes that the architect observes. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 111, sec. 1, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 332, sec. 3, effective July 15, 1980. -- Created 1960 Ky. Acts ch. 218, sec. 1, effective June 16, 1960.

KRS 323.020 License required

323.020. License required Except as otherwise provided hereinafter, no person shall practice architecture in the Commonwealth of Kentucky without first obtaining a license under the provisions of this chapter, it being the purpose of this chapter to safeguard the life, health, property and welfare of the public. Effective: June 16, 1960 History: Amended 1960 Ky. Acts ch. 218, sec. 2, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-1.

KRS 323.030 Repealed, 1990

323.030. Repealed, 1990 Catchline at repeal: Persons and buildings to which chapter does not apply. History: Repealed 1990 Ky. Acts ch. 190, sec. 15, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 440, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 327, sec. 1, effective July 15, 1980. -- Amended 1960 Ky. Acts ch. 218, sec. 3, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-6.

KRS 323.031 Applicability of chapter

323.031. Applicability of chapter (1) If the drawings and specifications are signed by the author thereof with the true titles of their occupations as may be required by law, this chapter does not apply to: (a) Any building which is to be used for farm purposes only; (b) Any residential structure that does not require the services or seal of an architect or engineer either under the Uniform State Building Code pursuant to KRS 198B.050 or under KRS 323.033; (c) Any building classified by use group other than those listed under KRS 323.033 so long as the services or seal of an architect or engineer as applicable is not required for such other use group under the Uniform State Building Code pursuant to KRS 198B.050 or; (d) Any structure not classified as a building by KRS 323.010(4). (2) Provisions of this chapter shall not apply to: (a) Any individual, partnership, or firm acting solely as a consultant to an architect licensed in the Commonwealth; (b) An architect or other person acting solely as an officer or employee of the United States government. (3) A licensed professional engineer may prepare plans and specifications for and supervise the construction of structures as an incident to the practice of his own profession. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 53, sec. 1, effective July 12, 2006. -- Amended 1990 Ky. Acts ch. 190, sec. 1, effective July 13, 1990. -- Created 1980 Ky. Acts ch. 332, sec. 5, effective July 15, 1980.

KRS 323.033 Buildings requiring services of licensed architect -- Exemptions

323.033. Buildings requiring services of licensed architect -- Exemptions (1) Except as otherwise provided in this section, the following buildings, or additions to existing buildings, classified by use group shall require the services of an architect licensed in the Commonwealth of Kentucky; (a) Assembly use group having a capacity of one hundred (100) persons or more, except church buildings having a capacity of four hundred (400) persons or less or six thousand (6,000) square feet or less; (b) Business use group having a capacity of one hundred (100) persons or more; (c) Institutional use group, regardless of capacity; (d) Mercantile use group having a capacity of one hundred (100) persons or more; (e) Residential use group of more than twelve (12) dwelling units or having a capacity of fifty (50) persons or more; (f) Educational use groups regardless of capacity; and (g) Mixed use group containing one (1) or more of the use group classifications and capacities listed under paragraphs (a) to (f) of this subsection. (2) Alterations or new construction requiring compliance with the Kentucky Building Code for any building containing one (1) or more of the use group classifications and capacities listed under subsection (1) of this section shall require the services of an architect licensed in the Commonwealth of Kentucky; except that, when such alterations or new construction predominantly involve primarily structural components or mechanical or electrical systems, services may be performed by one (1) or more licensed professional engineers. (3) Buildings, or additions to existing buildings, containing one (1) or more of the use group classifications and capacities listed under subsection (1) of this section shall require, in addition to the services of an architect, the services of one (1) or more licensed engineers. (4) The following buildings and additions to existing buildings, classified by use group, shall require the services of either an architect or a professional engineer registered in the Commonwealth of Kentucky: (a) Factory and industrial use group having a capacity of one hundred (100) persons or more; (b) High hazard use group, regardless of capacity; (c) Storage use group having a capacity of one hundred (100) persons or more; and (d) Utility and miscellaneous use groups having a capacity of one hundred (100) persons or more. (5) Neither the state nor any of its political subdivisions shall engage in the construction of any public work involving the practice of architecture or engineering unless the plans, specifications, and estimates have been prepared and the administration of construction contracts executed under the direct supervision of a licensed architect or a professional engineer. This subsection shall not apply to: (a) Any public work, including a building or capital project under KRS 56.491, that involves only maintenance or repair of the facility. Maintenance or repair shall not include any work which alters, modifies, or changes the original characteristics of the design; (b) Any residential dwelling that falls under the Kentucky Residential Code; or (c) Facilities used in the furtherance of security or defense contracts, grants, or agreements with the United States of America located on property owned by the Commonwealth that are industrial or storage areas measuring twenty thousand (20,000) square feet or less or a business area measuring ten thousand (10,000) square feet or less, provided work is in compliance with the United States Department of Defense Building Code. (6) The services required in subsections (1) to (5) of this section shall include the administration of construction contracts. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 183, sec. 1, effective June 29, 2021. -- Amended 2008 Ky. Acts ch. 59, sec. 8, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 111, sec. 8, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 190, sec. 2, effective July 13, 1990. -- Created 1980 Ky. Acts ch. 332, sec. 4, effective July 15, 1980.

KRS 323.040 Repealed, 1960

323.040. Repealed, 1960 Catchline at repeal: Preparing plans and specifications, when permitted by others than architects. History: Repealed 1960 Ky. Acts ch. 218, sec. 23, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-7.

KRS 323.050 Qualifications for license -- Examinations

323.050. Qualifications for license -- Examinations (1) Except as otherwise provided in this chapter, an applicant seeking to obtain a license to practice architecture in Kentucky shall satisfactorily pass the examination that is prescribed by the board. (2) Every applicant for examination shall: (a) Be of good moral character; and (b) Hold a professional degree in architecture accredited by the National Architectural Accrediting Board (NAAB), or its equivalent as determined by administrative regulations promulgated by the board, with such additional experience as the board may prescribe and approve. (3) Examinations shall be available on a regular basis at a place identified by the testing service and shall be given in accordance with the terms and conditions agreed upon by the board and the testing service. Procedures concerning the examination shall be set out in administrative regulations promulgated by the board. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 111, sec. 2, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 23, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 3, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 201, sec. 1. -- Amended 1960 Ky. Acts ch. 218, sec. 4, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-5.

KRS 323.060 Persons who may be licensed without examination

323.060. Persons who may be licensed without examination Any person who is a licensed architect in another state or country where the qualifications prescribed at the time of licensing were, in the opinion of the board, equal to those prescribed in the Commonwealth at the date of application, and where reciprocal licensing privileges satisfactory to the board are granted to licensees of the Commonwealth, may be granted a license without an examination. Effective: June 16, 1960 History: Amended 1960 Ky. Acts ch. 218, sec. 5, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-5.

KRS 323.070 Repealed, 1960

323.070. Repealed, 1960 Catchline at repeal: Persons for whom examination required. History: Repealed 1960 Ky. Acts ch. 218, sec. 23, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-5.

KRS 323.080 Fees

323.080. Fees (1) The board shall promulgate administrative regulations that establish fees for the following services. These fees shall not exceed the following: (a) For processing the application for the examination ................................... $200 (b) For a license certificate upon satisfactorily passing the examination ............ 50 (c) For the restoration of a voluntarily surrendered license ...............................300 (d) For a license to an architect satisfactorily licensed in another state or country .......................................................................250 (e) For reinstatement of a license revoked for failure to pay the annual renewal fee or suspended by the board, in addition to application and arrears as determined by the board .........................300 (f) Renewal certificate .......................................................................................250 (2) The proper fee as prescribed above shall be paid to the board, and shall not be refunded in whole or in part. (3) The cost of taking the examination shall be borne by the applicant. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 53, sec. 2, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 23, sec. 2, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 4, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 201, sec. 2. -- Amended 1960 Ky. Acts ch. 218, sec. 6, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 73-11, 73- 13.

KRS 323.090 Reexamination

323.090. Reexamination Any applicant who fails a section of the examination may retake that section if at least six (6) months has elapsed since the applicant took the examination in which he or she failed the section and upon registering with the testing service and paying the testing service's required fee. An applicant shall take the examination within three (3) years of the date the applicant receives the board's approval to begin the examination process. During this three (3) year period, the applicant shall be excused from paying to the board any additional fees for processing the application for the examination. An applicant who does not take the examination within the applicable three (3) year period shall reapply with the board. All examination fees shall be paid to the testing service. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 111, sec. 3, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 23, sec. 3, effective July 15, 1996. -- Amended 1960 Ky. Acts ch. 218, sec. 7, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-11.

KRS 323.095 Seal required -- Use

323.095. Seal required -- Use (1) Each architect licensed for practice within the Commonwealth shall obtain a seal of the design prescribed in administrative regulations promulgated by the board. (2) Use of the seal in an electronic transaction shall be conducted in accordance with administrative regulations promulgated by the board under KRS 323.210(5). (3) All working drawings, specifications, and reports prepared by, or under the supervision of the individual, partnership, or firm, shall be imprinted with this seal. (4) No architect shall sign, affix, or imprint his seal to any drawings, specifications, or reports which have not been prepared by him personally or under his immediate supervision. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 53, sec. 3, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 23, sec. 4, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 5, effective July 13, 1990. -- Created 1960 Ky. Acts ch. 218, sec. 8, effective June 16, 1960.

KRS 323.100 Form of license certificate

323.100. Form of license certificate A license certificate shall be signed by the president and the secretary of the board and bear its seal. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-4.

KRS 323.110 Renewal certificate -- Automatic revocation -- Voluntary surrender of license

323.110. Renewal certificate -- Automatic revocation -- Voluntary surrender of license (1) (a) All architects desiring to continue practice shall secure from the board a renewal certificate at the expiration of their licenses, upon the payment of the prescribed fee. The board shall promulgate administrative regulations establishing the terms of the licenses, and may renew licenses on an annual or biannual basis. The board may stagger the terms of the licenses, if needed, and may double the annual renewal fee as established pursuant to KRS 323.080 for any license issued for a two (2) year period. Not later than June 15 of each year the board shall notify by mail all architects of the renewal date and fee. Application for a renewal shall be upon a form prescribed by the board and the architect shall furnish the information required by the form. (b) Failure of any architect to secure his or her renewal certificate within sixty (60) days after July 1 shall result in the automatic revocation of his or her license if the architect fails to submit a properly completed renewal application to the board with the corresponding renewal fee and proof of having completed the continuing education requirement. (c) The board may reissue a license that has been revoked for failure to pay the renewal fee or meet continuing education requirements established by the board, upon proper application to the board and the payment of all delinquent fees. (2) A licensed architect may voluntarily surrender his or her license to the board and thereby be relieved of paying the annual renewal fee. After surrendering his or her license, that person shall not be known as a licensed architect and shall desist from the practice of architecture. Within five (5) years from the time of surrender of the license, the person may again qualify for a license without examination by the payment of the required fee and current renewal fee. If five (5) years thereafter have elapsed, he or she shall return to the status of a new applicant. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 111, sec. 4, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 23, sec. 5, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 6, effective July 13, 1990. -- Amended 1972 Ky. Acts ch. 201, sec. 3. -- Amended 1960 Ky. Acts ch. 218, sec. 9, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-13.

KRS 323.120 Grounds for denial, revocation, or suspension -- Civil penalty

323.120. Grounds for denial, revocation, or suspension -- Civil penalty (1) The board may refuse to issue, reissue, or renew a license, or may issue a private or public reprimand or may probate, suspend, or revoke the license of any architect to practice architecture in the Commonwealth of Kentucky, or may impose any combination of these sanctions for any of the following reasons: (a) Gross incompetence or gross negligence in the planning or construction of buildings, as determined by the board; (b) Unprofessional conduct, or conduct tending to bring the profession into disrepute, as determined by the board; (c) Conviction of a felony, if in accordance with KRS Chapter 335B; (d) Fraudulent or dishonest architectural practice; (e) Use of false evidence or misrepresentations in an application for licensing or an application for a renewal certificate; (f) Signing or affixing his seal to any plans, prints, specifications of buildings, or reports, which have not been prepared by him personally or by his employees under his supervision; (g) Violating any provision of this chapter or administrative regulations promulgated under the chapter; (h) Failing to comply with an order issued by the board; (i) Aiding or abetting someone in the unlicensed practice of architecture; or (j) Having a license or registration certificate to practice as an architect denied, limited, suspended, probated, or revoked in another jurisdiction on grounds sufficient to cause licensure to be denied, limited, suspended, probated, or revoked in this state. (2) The board shall revoke the license of an architect who practices architecture while his license is suspended. (3) The board may, in lieu of or in addition to other penalties, impose a civil penalty not to exceed ten thousand dollars ($10,000), which shall be paid to the benefit of the board's trust and agency account. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 71, effective June 29, 2017. -- Amended 2008 Ky. Acts ch. 59, sec. 1, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 53, sec. 4, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 111, sec. 5, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 23, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 7, effective July 13, 1990. -- Amended 1960 Ky. Acts ch. 218, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.

KRS 323.130 Hearing in disciplinary action -- Appeal

323.130. Hearing in disciplinary action -- Appeal (1) In any action taken pursuant to KRS 323.120, the board shall conduct a hearing in accordance with the provisions of this chapter and KRS Chapter 13B. The hearing may be conducted by the full board or at its designation, a member thereof, a panel of the board, a hearing officer, or a combination of the foregoing; (2) If the hearing is conducted by less than a majority of the full board, or by a hearing officer, the board members or hearing officer, as the case may be, may only issue a recommended order, and the recommended order shall be subject to review by a majority of the full board, which shall issue a final order; and (3) The board may proceed against a licensee on its own initiative, on the basis of either information contained in its own records or information obtained through its informal investigation. If a formal complaint verified by affidavit is filed with the board by a responsible citizen or organization, containing allegations that if true would warrant action pursuant to KRS 323.120, the board may proceed against the licensee. (4) Any final order of the board may be appealed to Franklin Circuit Court in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 287, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 8, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 114, sec. 79, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 58. -- Amended 1960 Ky. Acts ch. 218, sec. 11. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.

KRS 323.140 Repealed, 1996

323.140. Repealed, 1996 Catchline at repeal: Production of evidence -- Rights of respondent. History: Repealed 1996 Ky. Acts ch. 318, sec. 357 effective July 15, 1996. --Amended 1990 Ky. Acts ch. 190, sec. 9, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 114, sec. 80, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 59. -- Amended 1960 Ky. Acts ch. 218, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.

KRS 323.145 Repealed, 1996

323.145. Repealed, 1996 Catchline at repeal: Appeal. History: Repealed 1996 Ky. Acts ch. 318, sec. 357 effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 10, effective July 13, 1990. -- Created 1960 Ky. Acts ch. 218, sec. 13, effective June 16, 1960.

KRS 323.150 Membership of board

323.150. Membership of board The board shall consist of eight (8) members, seven (7) of whom shall be appointed by the Governor. The eighth member of the board shall be the chief executive officer of any NAAB accredited architectural curriculum established in the Commonwealth of Kentucky, who shall be an ex officio member with voting rights. Effective: July 15, 2003 History: Amended 2002 Ky. Acts ch. 55, sec. 11, effective July 15, 2003. -- Amended 1990 Ky. Acts ch. 190, sec. 11, effective July 13, 1990. -- Amended 1960 Ky. Acts ch. 218, sec. 14, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-2.

KRS 323.160 Board members -- Appointment -- Terms

323.160. Board members -- Appointment -- Terms The Governor shall appoint one (1) member of the board each year. Each member shall serve for a term of four (4) years, and until his successor is appointed and qualified. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-2.

KRS 323.170 Qualifications of board members

323.170. Qualifications of board members Five (5) members of the board appointed by the Governor shall be architects registered in the Commonwealth of Kentucky and shall have been in the active practice of architecture for at least ten (10) years immediately preceding their appointment, and shall have been residents of this Commonwealth for at least five (5) years immediately preceding their appointment. One (1) member shall be a certified interior designer in the Commonwealth of Kentucky, shall have been providing interior design services for at least ten (10) years, and shall have been a resident of the Commonwealth for at least five (5) years immediately preceding the appointment. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. Effective: July 15, 2003 History: Amended 2002 Ky. Acts ch. 55, sec. 12, effective July 15, 2003. -- Amended 1990 Ky. Acts ch. 190, sec. 12, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 206, sec. 18. -- Amended 1960 Ky. Acts ch. 218, sec. 15, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-2.

KRS 323.180 Election of officers

323.180. Election of officers The board, at the first meeting of each fiscal year, shall elect a president, secretary and treasurer. The offices of secretary and treasurer may be held by the same person. Effective: June 16, 1960 History: Amended 1960 Ky. Acts ch. 218, sec. 16, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-3.

KRS 323.190 Compensation of board members

323.190. Compensation of board members Each member of the board shall receive an amount not to exceed one hundred dollars ($100) for each day or part of the day spent in the performance of his official duties, including time spent in necessary travel, and in addition, shall be reimbursed for all proper traveling and incidental expenses incurred in connection with those duties. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 23, sec. 7, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 190, sec. 13, effective July 13, 1990. -- Amended 1960 Ky. Acts ch. 218, sec. 17, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-12.

KRS 323.200 Quorum

323.200. Quorum A quorum of the board shall consist of at least five (5) members. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 53, sec. 5, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 55, sec. 13, effective July 15, 2003. -- Amended 1996 Ky. Acts ch. 23, sec. 8, effective July 15, 1996. -- Amended 1960 Ky. Acts ch. 218, sec. 18, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-4.

KRS 323.210 Functions of board -- Authority for administrative regulations -- Continuing education requirement may be established

323.210. Functions of board -- Authority for administrative regulations -- Continuing education requirement may be established (1) The board shall: (a) Adopt and provide itself with a seal with a band inscribed, "Kentucky Board of Architects" with the coat of arms of the state in the center; (b) Promulgate all necessary administrative regulations concerning the contents and conduct of examinations, the method and time for filing applications for examinations, and the time within which an applicant shall be examined after his application has been filed; (c) Keep a complete record of its proceedings and an accurate list of all applications made, licenses issued, and licenses revoked; and (d) Make a general report including finances to the governor annually. (2) The board may promulgate all reasonable administrative regulations not inconsistent with this chapter that are necessary to carry into effect the purposes of this chapter. (3) (a) The board may promulgate appropriate administrative regulations requiring mandatory continuing education for architects licensed to practice within the Commonwealth as a condition for obtaining their annual renewal certificates. The board shall establish the minimal requirement for obtaining and reporting continuing education, the means by which any requirements shall be enforced, and the criteria for the accreditation of course sponsors, programs, and other activities. (b) The board may promulgate appropriate administrative regulations to create the licensing category of architect emeritus and may promulgate continuing education requirements and renewal fees for the architect emeritus license. (4) The board may administer oaths, receive evidence, interview persons, issue subpoenas, and require the production of books, papers, documents, or other evidence for the purpose of enforcing this chapter and investigating complaints or suspected violations of this chapter. (5) The board may promulgate administrative regulations in accordance with KRS Chapter 13A to establish rules for the use of seals and signatures in electronic transactions. (6) (a) The board may employ staff, obtain office space, and acquire furniture, supplies, and services reasonably necessary to effectuate the purposes of this chapter. (b) The board shall outline the duties of all personnel and fix their compensation in accordance with KRS Chapter 18A. (c) The board may retain its own legal counsel for advice and assistance, in addition to such advice and assistance provided by the Attorney General. (7) The board may assess reasonable administrative fees for copies of documents, mailing lists, duplicate forms, and other media consistent with KRS 61.870 to 61.884. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 59, sec. 2, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 53, sec. 6, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 111, sec. 6, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 23, sec. 9, effective July 15, 1996. -- Amended 1960 Ky. Acts ch. 218, sec. 19, effective, June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-4.

KRS 323.215 Membership in National Organization of Architectural Registration Boards

323.215. Membership in National Organization of Architectural Registration Boards The board may maintain membership in the National Organization of Architectural Registration Boards and affiliated groups and may actively participate in their deliberations, studies and decisions. It may make such expenditures for this purpose as it deems appropriate and within its financial means, for the performance of its duties, including membership dues, expenses of delegates and other reasonable costs. History: Created 1972 Ky. Acts ch. 210, sec. 4.

KRS 323.220 Repealed, 1960

323.220. Repealed, 1960 Catchline at repeal: Unlicensed person may work under architect. History: Repealed 1960 Ky. Acts ch. 218, sec. 23, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-7.

KRS 323.230 Who may be styled as architects

323.230. Who may be styled as architects Only persons licensed under this chapter may be styled or known as architects in Kentucky, or use any words or letters or assume any titles or description tending to convey the impression that they are architects. Effective: June 16, 1960 History: Amended 1960 Ky. Acts ch. 218, sec. 20, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-8.

KRS 323.240 Repealed, 1960

323.240. Repealed, 1960 Catchline at repeal: Chapter not to apply to certain building in rural districts. History: Repealed 1960 Ky. Acts ch. 218, sec. 23, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-7.

KRS 323.250 Injunction

323.250. Injunction Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of KRS 323.020 or KRS 323.230, the board may inform the Attorney General, who may make application to the Franklin Circuit Court for an order enjoining such acts or practices, or the board may inform the Commonwealth's attorney of the county in which the acts or practices are occurring or will occur who may make application to the Circuit Court of that county for an order enjoining such acts or practices. Upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court. Any order of the Franklin Circuit Court shall be enforceable and shall be valid anywhere in this state and the order of either court shall be reviewable as provided in the Rules of Civil Procedure in the case of other injunctions and restraining orders. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 111, sec. 7, effective July 15, 2002. -- Created 1960 Ky. Acts ch. 218, sec. 21, effective June 16, 1960.

KRS 323.400 Definitions for KRS 323.400 to 323.416 and 323.992

323.400. Definitions for KRS 323.400 to 323.416 and 323.992 As used in KRS 323.400 to 323.416 and 323.992, unless the context otherwise requires: (1) "Board" means the Kentucky Board of Architects; (2) "Certified interior designer" means a person who is certified to use the title "certified interior designer" in accordance with KRS 323.400 to 323.416 and 323.992 by meeting the criteria of education, experience, and examination as determined by the board; and (3) "NCIDQ" means the National Council for Interior Design Qualification. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 59, sec. 3, effective July 15, 2008. -- Created 2002 Ky. Acts ch. 55, sec. 1, effective July 15, 2002.

KRS 323.402 Use of title indicating certification -- Performance of services by person not certified

323.402. Use of title indicating certification -- Performance of services by person not certified (1) No person shall use the title "certified interior designer," the letters CID, or any acronym, abbreviation, or title that would imply certification under this chapter unless the person at the time holds a valid certificate to use the title "certified interior designer" in the Commonwealth of Kentucky as established under KRS 323.400 to 323.416 and 323.992. (2) Nothing in KRS 323.400 to 323.416 or 323.992 prohibits a person who is not certified as a certified interior designer from providing interior design services or from using any title, sign, card, or device indicating that the person provides interior design services. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 59, sec. 4, effective July 15, 2008. -- Created 2002 Ky. Acts ch. 55, sec. 2, effective July 15, 2002.

KRS 323.404 Construction of KRS 323.400 to 323.416 and 323.992

323.404. Construction of KRS 323.400 to 323.416 and 323.992 (1) The provisions of KRS 323.400 to 323.416 and 323.992 shall not apply to persons licensed under any other provisions of the Kentucky Revised Statutes, including but not limited to architects, landscape architects, professional engineers, and land surveyors, or students within accredited training programs of these professions. Nothing in KRS 323.400 to 323.416 or 323.992 shall be construed to limit, interfere, or restrict the practice, descriptions of services, or manner in which these persons practice. (2) Nothing in KRS 323.400 to 323.416 or 323.992 shall be construed to prohibit or interfere with the ability of a licensed architect, landscape architect, professional engineer, or land surveyor to perform those activities that are associated with their practices, respectively, as provided under any provisions of the Kentucky Revised Statutes. (3) Nothing in KRS 323.400 to 323.416 or 323.992 shall be construed to prohibit or interfere with the rendering of interior design services by students enrolled in a school approved by the board, if the students only perform services in accordance with a course of instruction or an assignment from an instructor. (4) Nothing in KRS 323.400 to 323.416 or 323.992 shall be construed to prohibit any architect licensed under the provisions of KRS Chapter 323 from using the title "certified interior designer." (5) Nothing in KRS 323.400 to 323.416 or 323.992 shall be construed to limit, interfere, or restrict the manner in which home builders, home designers, retailers of consumer products or their employees, certified kitchen designers, certified bath designers, or certified master kitchen and bath designers offer or provide their services. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 3, effective July 15, 2002.

KRS 323.406 Administrative regulations

323.406. Administrative regulations The board may promulgate administrative regulations in accordance with KRS Chapter 13A, 323.400 to 323.416, and 323.992 that: (1) Establish criteria of education, experience, and testing for those persons seeking certification as a certified interior designer that are reasonable and necessary; (2) Establish an initial certification fee and a renewal fee for the certification of certified interior designers that may not in aggregate exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of KRS 323.400 to 323.416 and 323.992; (3) Establish a renewal process for certifications that have expired; and (4) Establish a process regarding the use of a certified interior designer's signature and certificate number on documents, plans, reports, drawings, or specifications that do not require the seal of a licensed architect or professional engineer. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 4, effective July 15, 2002.

KRS 323.408 Duties of board

323.408. Duties of board The board shall: (1) Administer and enforce the provisions of KRS 323.400 to 323.416 and 323.992; (2) Maintain an official roster of all certified interior designers; (3) Require a certified interior designer to include the certified interior designer's certificate number on all business and advertising documents; (4) Review all applications of persons applying for certification under KRS 323.400 to 323.416 and 323.992 and approve the certification of those persons who meet the requirements of a certified interior designer. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 5, effective July 15, 2002.

KRS 323.410 Issuance of certificate -- Limitation on filing application -- Persons credentialed in other jurisdictions

323.410. Issuance of certificate -- Limitation on filing application -- Persons credentialed in other jurisdictions (1) The board shall issue a certificate as a certified interior designer and a certificate number to any person who: (a) Files an application with the board on a form prescribed by the board; (b) Submits written proof that the person has successfully passed the NCIDQ examination and therefore has met the education and internship requirements established by NCIDQ; (c) Meets the standards of education, experience, and testing established by the board under KRS 323.406(1); and (d) Submits the required certification fee to the board. (2) No person who has violated KRS 323.402 shall file an application with the board for a period of five (5) years. (3) The board, upon proper application under this section, shall issue a certificate as a certified interior designer and a certificate number to a person credentialed as an interior designer under the laws of any other country or state or territory of the United States, provided that at the time the license or certificate was issued the applicant met the requirements of subsection (1) of this section. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 59, sec. 5, effective July 15, 2008. -- Amended 2004 Ky. Acts ch. 23, sec. 1, effective July 13, 2004. -- Created 2002 Ky. Acts ch. 55, sec. 6, effective July 15, 2002.

KRS 323.412 Suspension, revocation, and nonissuance of certificate -- Appeal of board's finding

323.412. Suspension, revocation, and nonissuance of certificate -- Appeal of board's finding (1) The board may suspend, revoke, or refuse to issue or renew the certificate of any person upon a finding of any of the following: (a) The certification was fraudulently obtained; (b) A judgment has been issued against the person for gross incompetence, neglect, or misconduct within the last five (5) years; or (c) A judgment has been issued against the person or the person has pleaded guilty to or been found guilty of fraud or deceit in the person's professional duties within the last five (5) years, if in accordance with KRS Chapter 335B. (2) Any person may appeal a finding of the board within thirty (30) days of the date of notification of action. Upon appeal, the board shall schedule an administrative hearing in accordance with KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 72, effective June 29, 2017. -- Created 2002 Ky. Acts ch. 55, sec. 7, effective July 15, 2002.

KRS 323.414 Unauthorized use of certificate number and signature -- Surrender of revoked or suspended certificate

323.414. Unauthorized use of certificate number and signature -- Surrender of revoked or suspended certificate (1) No certified interior designer shall knowingly: (a) Affix, or permit to be affixed, the certified interior designer's certificate number and signature to any document, plan, report, drawing, or specification that depicts work that requires the seal of a registered architect or professional engineer; (b) Affix, or permit to be affixed, the certified interior designer's certificate number and signature to any document, plan, report, drawing, or specification that depicts work that the certified interior designer is not competent or qualified to perform; or (c) Affix the certified interior designer's signature and certificate number to any document, plan, report, drawing, or specification that was not prepared: 1. By the certified interior designer; or 2. Under the certified interior designer's supervision. (2) When the certificate of a certified interior designer has been revoked or suspended, the certified interior designer shall surrender his or her certificate to the board within thirty (30) days after the revocation or suspension has become effective. If the certificate of the interior designer has been suspended or revoked, the certificate shall be returned to the certified interior designer upon the expiration of the period of suspension or reinstatement of the certificate. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 8, effective July 15, 2002.

KRS 323.416 Continuing education

323.416. Continuing education (1) Every person who wishes to renew a certificate as a certified interior designer shall successfully complete at least twelve (12) hours of continuing education within the broad range of subjects pertinent to interior design during the twelve (12) month period immediately preceding the expiration date of the person's certificate and include proof of completion of such education, on forms prescribed by the board, with the person's renewal application and renewal fee. (2) A minimum of eight (8) of the twelve (12) hours of continuing education required under subsection (1) of this section shall be composed of one (1) or more of the following topics: life safety codes, barrier-free codes, building structural systems, lighting, electrical systems, and heating, ventilation, and air conditioning systems. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 9, effective July 15, 2002.

KRS 323.990 Penalties

323.990. Penalties (1) Whoever violates KRS 323.020 or 323.230 is guilty of a Class A misdemeanor. (2) Whoever violates KRS 323.050(2)(b) or 323.120(1) by falsifying an application for certification or renewal as an architect is guilty of a Class A misdemeanor, and the architect's license shall be revoked for two (2) years. (3) In addition to the sanctions provided in this chapter, the board may direct any licensee found guilty of violating any provision of this chapter to pay to the board a sum not to exceed the actual and reasonable costs of investigation and prosecution of the case, which shall be paid to the board's trust and agency account. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 59, sec. 6, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 53, sec. 7, effective July 12, 2006. -- Amended 1990 Ky. Acts ch. 190, sec. 14, effective July 13, 1990. -- Amended 1960 Ky. Acts ch. 218, sec. 22, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 73-14.

KRS 323.992 Penalties for violation of KRS 323.402 and 323.412

323.992. Penalties for violation of KRS 323.402 and 323.412 (1) Whoever violates KRS 323.402(1) is guilty of a Class A misdemeanor. (2) Whoever violates KRS 323.412(1)(a) by falsifying an application for certification or renewal as a certified interior designer is guilty of a Class A misdemeanor, and the interior designer's certificate shall be revoked for two (2) years. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 55, sec. 10, effective July 15, 2002.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38849Fetched: 10/20/2026

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