Or. Admin. Code § 806-010-0078 - Construction Contractor Offering Architectural Services

(1) For purposes of this rule, the following definitions apply:

(a) "Offering services" means manifesting a willingness to provide architectural services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement.

(b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate.

(2) The architect and architectural firm registration requirements under ORS 671.010 to 671.220 do not prevent a construction contractor from offering services constituting the practice of architecture when all of the following conditions are met:

(a) The construction contractor holds an active contractors' license under ORS Chapter 701;

(b) The services offered by the construction contractor, constituting the practice of architecture, are appurtenant to construction services to be provided by the contractor;

(c) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and

(d) The offer by the construction contractor discloses in writing that the contractor is not an architect and identifies the architect or architectural firm that will perform the services constituting the practice of architecture.

(3) For the purposes of meeting the requirements of OAR 806-010-0075(2), the primary contract or agreement to provide architectural services for such an architectural project may be between the general contractor and the architect or architectural firm providing architectural services.

(4) An architect performing or identified as an architect that will perform the services constituting the practice of architecture as provided in subsection (2) of this rule must notify the Board, in writing, within 30 days if, after the contractor is retained by the owner, the architect ceases to provide the architectural services identified in the offer by the construction contractor.

(5) Construction contractors who violate any portion of this rule may be practicing architecture or using the architect title in violation of ORS 671.020. As such, the contractor may be subject, under ORS 671.220, to sanctions and civil penalties of up to $5,000 per violation.

Notes

Or. Admin. Code § 806-010-0078

BAE 6-2002, f. 8-14-02 cert. ef. 8-15-02; BAE 4-2005, f. 8-29-05, cert. ef. 8-30-05; BAE 2-2019, amend filed 04/10/2019, effective 5/1/2019; BAE 3-2023, amend filed 10/10/2023, effective 1/2/2024

Statutory/Other Authority: ORS 671.125

Statutes/Other Implemented: ORS 671.020, 671.030, 671.100 & 671.220