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§ 34.13. Firm practice

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 2A. Architects Licensure Law (Refs & Annos)
63 P.S. § 34.13
§ 34.13. Firm practice
Currentness
(a) An individual architect or a group of architects in Pennsylvania may practice architecture in one of the following forms of architectural firms:
(1) sole proprietorship;
(2) partnership;
(3) professional association;
(4) professional corporation;
(5) business corporation;
(6) limited liability company; or
(7) limited liability partnership.
(b) A partnership may engage in the practice of architecture in Pennsylvania provided it complies with the provisions of 15 Pa.C.S. Ch. 83 (relating to general partnerships) and that it also satisfies the following requirements:
(1) At least two-thirds of the partners are licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(2) At least one-third of the partners are licensed under the laws of any state to practice architecture.
(c) A professional association may engage in the practice of architecture in Pennsylvania provided it complies with the provisions of 15 Pa.C.S. Ch. 93 (relating to professional associations) and must also satisfy the following requirements:
(1) At least two-thirds of the members of the board of governors are licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(2) At least one-third of the members of the board of governors are licensed under the laws of any state to practice architecture.
(d) A professional corporation shall comply with the provisions of 15 Pa.C.S. Ch. 29 (relating to professional corporations).
(e) A business corporation may engage in the practice of architecture in Pennsylvania, provided that it complies with the provisions of 15 Pa.C.S. Pt. II Subpt. B1 (relating to business corporations) and that it also satisfies the following requirements:
(1) At least two-thirds of the directors are licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(2) At least one-third of the directors are licensed under the laws of any state to practice architecture.
(3) At least two-thirds of all classes of voting stock issued and outstanding at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(4) At least one-third of all classes of voting stock issued and outstanding at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture.
(f) A limited liability company may engage in the practice of architecture in this Commonwealth provided that it complies with the provisions of 15 Pa.C.S. Ch. 89 (relating to limited liability companies) and that it also satisfies the following requirements:
(1) At least two-thirds of the members if managed by members or at least two-thirds of the managers if managed by managers are licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(2) At least one-third of the members if managed by members or at least one-third of the managers if managed by managers are licensed under the laws of any state to practice architecture.
(3) At least two-thirds of all classes of voting membership at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(4) At least one-third of all classes of voting membership at any one time shall be owned by an individual or individuals licensed under the laws of any state to practice architecture.
(g) A partnership which has elected to be a limited liability partnership and to be governed by the provisions of 15 Pa.C.S. Ch. 82 (relating to registered limited liability partnerships) may engage in the practice of architecture in this Commonwealth provided it complies with the provisions of 15 Pa.C.S. Ch. 82 and that it also satisfies the following requirements:
(1) At least two-thirds of the partners are licensed under the laws of any state to practice architecture, engineering or landscape architecture.
(2) At least one-third of the partners are licensed under the laws of any state to practice architecture.
(h) A partnership, professional association, corporation, limited liability company or limited liability partnership engaged in the practice of architecture having fewer than three partners, governors, shareholders or directors, members or managers under this section shall have at least one partner, governor, shareholder or director, member or manager who is an individual duly certified to practice architecture in the Commonwealth pursuant to this act.
(i) Each project undertaken by a firm engaged in the practice of architecture in the Commonwealth of Pennsylvania must be under the personal supervision of a partner in the case of a partnership or limited liability partnership, a member of the board of governors in the case of a professional association, a shareholder in the case of a professional corporation, a director in the case of a business corporation or member or manager in the case of limited liability company who holds a certificate to engage in the practice of architecture in this Commonwealth pursuant to this act. The seal of such individuals must appear on all drawings, specifications and other design documents issued by the firm for such projects.
(j) The board shall by promulgation of rules and regulations, require any partnership, professional association, professional corporation, business corporation, limited liability company or limited liability partnership practicing architecture in this State to file with the board information concerning its officers, directors, partners, professional association board of governors, beneficial owners, members or managers and such other aspects of its organization as the board deems appropriate. In the administration of this subsection, the board may require each partnership, professional association, professional corporation, business corporation, limited liability company or limited liability partnership to pay an annual filing fee in the amount determined by the board by promulgation of rules and regulations.
(k) No corporation, professional association, partnership, limited liability company or limited liability partnership may perform any act relating to the practice of architecture which an individual architect is prohibited from doing.
(l) Nothing in this section shall be construed to prevent the practice of architecture by an individual as an employee of a person, partnership or corporation which is not an architectural firm, provided such individual holds a certificate to practice architecture in the Commonwealth in conformity with the provisions of this act and the architect's seal is affixed to all documents prepared by him or under his personal supervision for use in this Commonwealth.
(m) An architectural firm authorized to practice under subsections (a) through (i) will be allowed to offer design-build services consistent with the provisions of section 15(9).2

Credits

1982, Dec. 14, P.L. 1227, No. 281, § 13, imd. effective. Amended 1998, Feb. 18, P.L. 186, No. 31, § 2, effective in 60 days.

Footnotes

1
15 Pa.C.S.A. § 1101 et seq.
2
63 P.S. § 34.15.
63 P.S. § 34.13, PA ST 63 P.S. § 34.13
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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