HB 383 - Public school buildings; architect's/engr's plans

Georgia House of Representatives - 1995/1996 Sessions

HB 383 - Public school buildings; architect's/engr's plans

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
Code Sections - 20-2-523
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House Comm: Ed / Senate Comm: Ed / House Vote: Yeas 130 Nays 31 Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/25/95 Read 1st Time 2/13/96 1/26/95 Read 2nd Time 2/22/95* Favorably Reported Sub Committee Amend/Sub 3/17/95 Recommitted 2/12/96 Read 3rd Time 2/12/96 Passed/Adopted CS Comm/Floor Amend/Sub ---------------------------------------- Favorably Reported by Substitute 2/6/96 Immediately Transmitted to the Senate Code Sections amended: 20-2-523, 25-2-14, 43-4-10, 43-15-22
HB 383 LC 22 2066S ______________________________ offers the following substitute to HB 383: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Part 1 of Article 11 of Chapter 2 of Title 20 of 1- 2 the Official Code of Georgia Annotated, relating to powers 1- 3 of local school boards relative to public school property 1- 4 and facilities, so as to provide for definitions; to provide 1- 5 for certain provisions in contracts with architects or other 1- 6 licensed individuals or entities for public school 1- 7 buildings; to provide for the ownership of architectural and 1- 8 engineering plans for public school buildings; to provide 1- 9 for additional use of such plans; to require that a copy of 1-10 such plans be provided to the State Department of Education; 1-11 to provide for immunity in certain circumstances; to provide 1-12 for applicability; to amend Code Section 25-2-14 of the 1-13 Official Code of Georgia Annotated, relating to building 1-14 permits and certificates of occupancy for buildings 1-15 presenting special hazards to persons or property, so as to 1-16 provide for using the seal and signature of the architect or 1-17 engineers who has accepted responsibility for the plans; to 1-18 amend Title 43 of the Official Code of Georgia Annotated, 1-19 relating to professions and businesses, so as to authorize 1-20 architects and engineers to attach their signatures and 1-21 seals or stamps to plans which are being reused in 1-22 compliance with this Act; to provide for a notation 1-23 signifying that the original plans were drawn by another 1-24 architect or engineer; to provide for acceptance of full 1-25 professional responsibility for plans; to provide for 1-26 related matters; to provide an effective date; to provide 1-27 for automatic repeal; to repeal conflicting laws; and for 1-28 other purposes. 1-29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-30 Part 1 of Article 11 of Chapter 2 of Title 20 of the 1-31 Official Code of Georgia Annotated, relating to powers of 1-32 local school boards relative to public school property and 1-33 facilities, is amended by adding a new Code section, to be 1-34 designated Code Section 20-2-523, to read as follows: -1- (Index) LC 22 2066S 2- 1 "20-2-523. (Index) 2- 2 (a) As used in this Code section, the term: 2- 3 (1) 'Department' means the Department of Education. 2- 4 (2) 'Public school buildings' means structures built or 2- 5 renovated for elementary or secondary education purposes 2- 6 for which the State of Georgia provides 50 percent or 2- 7 greater funding or reimbursement for architectural 2- 8 plans. 2- 9 (b) Contracts with architects or other licensed 2-10 individuals or entities for architectural or engineering 2-11 plans for public school buildings shall provide that: 2-12 (1) Title to the architectural and engineering plans 2-13 produced for the structure shall vest in the department, 2-14 agency, authority, instrumentality, or political 2-15 subdivision and the State of Georgia; 2-16 (2) The State of Georgia or a department, agency, 2-17 authority, instrumentality, or political subdivision of 2-18 the state has the right to use the plans, with or 2-19 without modification, in the construction of other 2-20 public school buildings or authorize the State of 2-21 Georgia or a department, agency, authority, 2-22 instrumentality, or political subdivision of the state 2-23 to use the plans, with or without modification, in the 2-24 construction of a public school building; and 2-25 (3) The architect or other licensed individual or entity 2-26 may retain a copy of the plans. 2-27 (c) Each department, agency, authority, instrumentality, 2-28 or political subdivision of the state which contracts with 2-29 an architect or other licensed individual or entity for 2-30 the development of architectural or engineering plans for 2-31 a public school building shall provide a complete 2-32 reproducible copy of such plans and specifications to the 2-33 department. Before filing, reusing, or providing such 2-34 plans and specifications to any department, agency, 2-35 authority, instrumentality, or political subdivision of 2-36 the state for reuse, the department shall delete from the 2-37 plans and specifications the signature and seal of the 2-38 architect or engineer who originally prepared the plans 2-39 and specifications. 2-40 (d) In the event the architectural or engineering plans 2-41 are used by the state or any department, agency, -2- (Index) LC 22 2066S 3- 1 authority, instrumentality, or political subdivision of 3- 2 the state without a contract with the person or entity 3- 3 originally preparing such plans, such person or entity 3- 4 shall not be responsible for any defect therein." SECTION 2. 3- 5 Code Section 25-2-14 of the Official Code of Georgia 3- 6 Annotated, relating to building permits and certificates of 3- 7 occupancy for buildings presenting special hazards to 3- 8 persons or property, is amended by striking in its entirety 3- 9 subsection (a) and inserting a new subsection to read as 3-10 follows: 3-11 "(a) Plans and specifications for all proposed buildings 3-12 which come under classification in paragraph (1) of 3-13 subsection (b) of Code Section 25-2-13 and which come 3-14 under the jurisdiction of the office of the Commissioner 3-15 pursuant to Code Section 25-2-12 shall be submitted to and 3-16 receive approval by either the state fire marshal, the 3-17 proper local fire marshal, or state inspector before any 3-18 state, municipal, or county building permit may be issued 3-19 or construction started. All such plans and 3-20 specifications submitted as required by this subsection 3-21 shall be accompanied by a fee in the amount provided in 3-22 Code Section 25-2-4.1 and shall bear the seal and Georgia 3-23 registration number of the drafting architect or engineer 3-24 who drafted the plans and specifications or, if 3-25 applicable, the architect or engineer who has 3-26 responsibility for such plans and specifications in 3-27 accordance with Code Section 43-4-10 or 43-15-22 or shall 3-28 otherwise have the approval of the Commissioner." SECTION 3. 3-29 Article 1 of Chapter 4 of Title 43 of the Official Code of 3-30 Georgia Annotated, relating to general provisions relative 3-31 to architects, is amended by adding at the end of Code 3-32 Section 43-4-10, relating to compliance with the law 3-33 relative to the practice of architecture and such practice 3-34 by firms, partnerships, and corporations, a new subsection 3-35 (d) to read as follows: 3-36 "(d)(1) Notwithstanding any other provision of this Code 3-37 section or article to the contrary, an architect 3-38 authorized under this article to practice architecture 3-39 is authorized to attach his or her individual signature 3-40 and seal to plans and related drawings and 3-41 specifications when the original work and services for -3- (Index) LC 22 2066S 4- 1 the plans were not performed by such architect or under 4- 2 such architect's personal direction, if such architect 4- 3 is contracting with the state or a department, agency, 4- 4 authority, instrumentality, or political subdivision of 4- 5 the state in compliance with Code Section 20-2-523 for a 4- 6 project which uses architectural or mechanical plans for 4- 7 public school buildings subsequent to the first use of 4- 8 such architectural or mechanical plans. 4- 9 (2) An architect who attaches his or her individual 4-10 signature and seal to plans for which such architect did 4-11 not perform or personally direct the original work and 4-12 services pursuant to paragraph (1) of this subsection 4-13 shall note above his or her signature and seal the words 4-14 'First plans prepared by or under the personal direction 4-15 of another architect' or substantially similar words. 4-16 (3) An architect who attaches his or her individual 4-17 signature and seal to plans pursuant to the provisions 4-18 of this subsection signifies that he or she accepts full 4-19 professional responsibility for the suitability of such 4-20 plans for the site and use contemplated, and for any 4-21 defect in such plans as originally drawn or in any 4-22 modifications made to such plans by the architect who is 4-23 attaching his or her individual signature and seal." SECTION 4. 4-24 Chapter 15 of Title 43 of the Official Code of Georgia 4-25 Annotated, relating to professional engineers and land 4-26 surveyors, is amended by striking in their entirety 4-27 subsections (b), (c), and (d) of Code Section 43-15-22, 4-28 relating to seals of engineers and land surveyors, and 4-29 inserting in lieu thereof new subsections (b), (c), (d), and 4-30 (e) to read as follows: 4-31 "(b) Plans, specifications, plats, and reports issued by a 4-32 registrant shall be stamped or sealed and countersigned by 4-33 the registrant; but it shall be unlawful for the 4-34 registrant or any other person to stamp or seal any 4-35 document with such seal after the certificate of the 4-36 registrant named thereon has expired, or has been revoked, 4-37 or during the period of any suspension imposed by the 4-38 board. No Except as provided in subsection (e) of this 4-39 Code section, no plans, specifications, plats, or reports 4-40 shall be stamped with the seal of a registrant unless such 4-41 registrant has personally performed the engineering or 4-42 land surveying work involved or, when the registrant has -4- (Index) LC 22 2066S 5- 1 not personally performed the engineering or land surveying 5- 2 work reflected in any plan, specification, plat, or 5- 3 report, such registrant has affixed his or her seal 5- 4 thereto only if such document has been prepared by an 5- 5 employee or employees under the registrant's direct 5- 6 supervisory control on a daily basis and after the 5- 7 registrant has thoroughly reviewed the work embodied in 5- 8 such document and has satisfied himself or herself 5- 9 completely that such work is adequate. 5-10 (c) No registrant shall affix his or her seal to any plan, 5-11 specification, plat, or report unless he or she has 5-12 assumed the responsibility for the accuracy and adequacy 5-13 of the work involved. 5-14 (d) Except as provided in subsection (e) of this Code 5-15 section, any Any registrant who has affixed his or her 5-16 seal to any plan, specification, plat, or report prepared 5-17 by another person not under the registrant's direct 5-18 supervisory control on a daily basis, and without having 5-19 thoroughly reviewed such work, shall be deemed to have 5-20 committed a fraudulent act of misconduct in the practice 5-21 of professional engineering or land surveying. 5-22 (e)(1) Notwithstanding any other provision of this Code 5-23 section or chapter to the contrary, a professional 5-24 engineer is authorized to attach his or her individual 5-25 signature and seal or stamp to plans and related 5-26 drawings and specifications when the original work and 5-27 services for the plans were not performed by such 5-28 professional engineer or by an employee or employees 5-29 under such professional engineer's direct supervisory 5-30 control on a daily basis, if such professional engineer 5-31 is contracting with the state or a department, agency, 5-32 authority, instrumentality, or political subdivision of 5-33 the state in compliance with Code Section 20-2-523 for a 5-34 project which uses architectural or mechanical plans for 5-35 public school buildings subsequent to the first use of 5-36 such architectural or mechanical plans. 5-37 (2) A professional engineer who attaches his or her 5-38 individual signature and seal or stamp to plans for 5-39 which such professional engineer did not perform or 5-40 exert direct supervisory control over and review 5-41 thoroughly the original work and services pursuant to 5-42 paragraph (1) of this subsection shall note above his or 5-43 her signature and seal or stamp the words 'First plans 5-44 prepared by or under the direct supervisory control and -5- (Index) LC 22 2066S 6- 1 review of another engineer' or substantially similar 6- 2 words." SECTION 5. 6- 3 This Act shall become effective on July 1, 1996, and shall 6- 4 apply to the architectural and engineering plans for public 6- 5 school buildings in contracts signed on or after July 1, 6- 6 1996. SECTION 6. 6- 7 This Act shall be automatically repealed effective July 1, 6- 8 2002. SECTION 7. 6- 9 All laws and parts of laws in conflict with this Act are 6-10 repealed. -6- (Index)

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