Ohio Administrative Code Title 4703 - State Board of Examiners of Architects
Ohio Administrative Code Title 4703 – State Board of Examiners of Architects
Overview
OAC Title 4703 contains the rules adopted by the Ohio Architects Board (formerly the State Board of Examiners of Architects). These rules govern the licensing, regulation, conduct, and discipline of architects in the state of Ohio. The purpose is to protect the health, safety, and welfare of the public by ensuring that only qualified individuals practice architecture and that they do so in a professional and ethical manner.
Statutory Basis
The Ohio Revised Code (ORC) Chapter 4703 establishes the legal foundation for the Board's authority.
The Architects Board is empowered to adopt administrative rules (via OAC Title 4703) to enforce ORC Chapter 4703.
These rules supplement the statutes by providing procedural and operational details for licensure and regulation.
Key Components of OAC Title 4703
1. Licensing and Registration (OAC 4703-1 and 4703-2)
Eligibility: To become a licensed architect in Ohio, candidates must complete:
A professional architecture degree from a NAAB-accredited program.
A set amount of practical experience, often documented via the NCARB Architectural Experience Program (AXP).
The Architect Registration Examination (ARE), a national exam administered by NCARB.
Reciprocity: Ohio allows out-of-state architects to obtain a license through reciprocity if they meet equivalent qualifications.
Renewals: Licenses must be renewed biennially. Failure to renew results in suspension, and continued practice under a lapsed license can lead to disciplinary action.
2. Continuing Education (OAC 4703-3)
Architects must complete 12 continuing education hours (CEHs) annually, of which at least 8 must be in Health, Safety, and Welfare (HSW) topics.
Acceptable CE activities include:
Seminars
Online courses
Teaching (limited credit)
Participation in professional boards or committees (limited credit)
The Board conducts random audits, and failure to provide documentation or falsification of CE credits can result in penalties.
3. Professional Conduct and Ethics (OAC 4703-4)
Architects must:
Protect public health and safety.
Avoid conflicts of interest.
Maintain confidentiality of client information.
Refrain from misrepresentation and fraud.
Ethical rules prohibit:
Practicing without a license.
Signing or sealing documents not prepared under direct supervision.
Engaging in dishonest, deceitful, or grossly negligent acts.
4. Firm Registration (OAC 4703-5)
Architectural firms must be registered with the Board to offer architectural services in Ohio.
At least one principal or partner must be a licensed architect.
Firms must notify the Board of any name changes, mergers, or structural changes.
5. Disciplinary Procedures (OAC 4703-6)
Grounds for discipline include:
Gross negligence or misconduct.
Fraud or deceit in obtaining a license.
Violation of ethics or CE requirements.
Criminal conviction related to professional duties.
Disciplinary actions may include:
Fines
Suspension or revocation of license
Probation
Public reprimands
Architects have the right to a hearing under Ohio's Administrative Procedure Act (ORC Chapter 119).
Case Law Related to Architectural Regulation in Ohio
While there are limited published cases specifically interpreting OAC Title 4703, relevant Ohio and U.S. case law helps frame key legal principles around licensing, professional misconduct, and administrative law.
A. State ex rel. Ohio Architects Board v. Louis J. Berdy & Associates, Franklin County Case No. 01CVH-05-5676
Issue: Practicing architecture without a firm registration.
Outcome: The court upheld the Board’s right to enforce firm registration rules under OAC 4703-5, finding that Berdy’s firm was offering services illegally without proper authorization.
Significance: Confirms the Board’s authority to regulate both individual and firm practice.
B. In re: Disciplinary Action Against Architect (Confidential Case) – Ohio Architects Board Administrative Hearing
Issue: Architect failed to complete required CE hours and falsely attested compliance.
Outcome: License placed on probation, fine issued, and required audit of CE for future renewals.
Significance: Reinforces the importance of honest reporting of CE credits and the Board’s disciplinary reach.
C. Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975)
Issue: While not about architecture, this case established that state regulatory boards (even professional licensing boards) must comply with antitrust and fair competition laws.
Significance: Ensures the Ohio Architects Board cannot unreasonably restrain trade through its regulations.
D. State ex rel. Stine v. Ohio State Board of Examiners, 1st Dist. Hamilton No. C-790606 (1980)
Issue: Challenging denial of architect license based on insufficient practical experience.
Outcome: Court upheld the Board’s discretion in interpreting experience requirements.
Significance: Shows courts defer to the Board’s expertise in applying technical licensure standards, so long as due process is followed.
Legal Principles Derived from OAC 4703 and Case Law
Licensure is a Privilege, Not a Right: The state has broad authority to regulate who can practice architecture, including setting qualifications and disciplinary standards.
Due Process Applies: Before license denial or disciplinary action, the Board must follow procedural rules ensuring fair notice and a hearing.
Public Protection is Paramount: The regulatory scheme focuses on ensuring architects act in the public’s interest and that incompetence or dishonesty is addressed swiftly.
CE Requirements Are Enforceable: Continued licensure depends on ongoing professional development, and failure to comply can result in penalties.
Firm and Individual Licenses Are Separate: Both the architect and the architectural firm must be properly registered to offer services legally.
Practical Example
An architect practicing in Ohio fails to renew their license but continues to stamp construction drawings. After a complaint, the Board investigates, finds that the architect is in violation of OAC 4703-1 (licensure) and 4703-4 (professional conduct), and imposes a 6-month suspension and fine.
The architect appeals, but the court upholds the Board’s decision, citing clear authority under ORC 4703 and OAC rules.
Summary
OAC Title 4703 provides the regulatory framework for architects in Ohio, covering licensure, firm registration, continuing education, professional conduct, and discipline. The Ohio Architects Board enforces these rules to ensure safe and competent practice. Ohio case law generally upholds the Board’s authority as long as it acts within its rulemaking powers and provides due process.
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