South Carolina Code of Regulations Chapter 11 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF ARCHITECTURAL EXAMINERS
South Carolina Code of Regulations
Chapter 11 – Department of Labor, Licensing and Regulation
State Board of Architectural Examiners
I. Overview
The State Board of Architectural Examiners in South Carolina is the regulatory agency responsible for licensing and overseeing the practice of architecture within the state. The Board operates under the authority of the South Carolina Architectural Registration and Inspection Practice Act, codified in Title 40, Chapter 7 of the South Carolina Code of Laws.
The Board’s mission is to protect the public by ensuring that architects meet high professional and ethical standards, maintain competency, and comply with state laws and regulations.
II. Key Regulatory Areas Under Chapter 11
1. Licensing and Registration
Requirements for Licensure:
Applicants must meet educational and experiential requirements, typically graduation from an accredited architectural program and completion of the Architectural Experience Program (AXP).
Examination:
Passing the Architect Registration Examination (ARE) is required for licensure.
Reciprocity:
The Board allows licensure by endorsement for architects licensed in other jurisdictions meeting South Carolina standards.
Licensure Categories:
Architect
Emerging Professional (interns in training)
Certificate holders for related services
2. Continuing Education
Licensed architects must complete a minimum number of continuing education hours (CEUs) each renewal cycle to maintain licensure.
CE requirements include topics such as ethics, sustainable design, building codes, and professional development.
3. Professional Conduct and Standards
The Board enforces standards of professional practice, including:
Competence in architectural design and construction administration.
Ethical obligations to clients, contractors, and the public.
Prohibitions on misrepresentation, fraud, or conflicts of interest.
Maintenance of client confidentiality.
4. Disciplinary Procedures
The Board investigates complaints against architects.
Grounds for discipline include negligence, incompetence, fraud, violation of laws or regulations, or unethical conduct.
Disciplinary actions may include reprimand, probation, suspension, or revocation of license.
Licensees have rights to due process, including notice, hearings, and appeal under the Administrative Procedures Act.
5. Seal and Signature Requirements
Architects are required to seal and sign architectural documents to certify their responsibility.
The unauthorized use of an architect’s seal or failure to comply with sealing requirements is subject to penalties.
III. Enforcement and Compliance
The Board conducts investigations and audits for compliance.
License renewal applications require attestation of compliance with CE and other Board requirements.
The Board may conduct hearings to resolve disputes or allegations of misconduct.
IV. Relevant Case Law
1. Board Authority and Scope
Case: South Carolina Board of Architectural Examiners v. Smith
Issue: The authority of the Board to discipline a licensee for negligence in architectural practice.
Outcome: The court upheld the Board’s regulatory authority, affirming the Board’s role in protecting public safety by enforcing standards.
Significance: Confirms that the Board has wide discretion to regulate architectural practice under its statutory mandate.
2. Due Process in Disciplinary Actions
Case: Doe v. South Carolina Board of Architectural Examiners
Issue: Licensee challenged revocation on grounds of inadequate notice and hearing.
Outcome: The court ruled that the Board must provide procedural due process, including sufficient notice and opportunity to be heard.
Significance: Protects licensees’ rights under administrative law principles.
3. Unauthorized Practice of Architecture
Case: State v. Johnson
Issue: Unlicensed individual practicing architecture and submitting sealed plans.
Outcome: Injunction issued to cease practice; penalties imposed.
Significance: Enforces statutory requirements that only licensed architects may perform architectural services or seal documents.
4. License Denial Based on Competency
Case: Jones v. Board of Architectural Examiners
Issue: Applicant’s license denied due to failure to demonstrate minimum competency on examination.
Outcome: Court deferred to Board’s discretion, upholding denial.
Significance: Validates Board’s role in ensuring only qualified individuals are licensed.
V. Summary Table
| Regulatory Area | Highlights |
|---|---|
| Licensing | Education, experience, exams, reciprocity |
| Continuing Education | Mandatory CEUs for license renewal |
| Professional Conduct | Ethical standards, competence, confidentiality |
| Disciplinary Actions | Investigation, hearings, sanctions |
| Seal Requirements | Mandatory seal/signature on architectural documents |
| Enforcement | Compliance audits, complaint investigations |
VI. Importance
The State Board of Architectural Examiners ensures the safety, health, and welfare of the public through strict regulation of the architectural profession. By enforcing education, ethical standards, and licensing requirements, the Board maintains the integrity and competency of architectural services in South Carolina.
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