(1) An architect or
architects may organize a corporation formed either as a business
corporation under the provisions of Title 23B RCW or as a
professional corporation under the provisions of chapter 18.100 RCW. For an architect or architects to practice architecture
through a corporation or joint stock association organized by any
person under Title 23B RCW, the corporation or joint stock
association shall file with the board:
(a) The application for certificate of authorization upon a
form to be prescribed by the board and containing information
required to enable the board to determine whether the corporation
is qualified under this chapter to practice architecture in this
state;
(b) Its notices of incorporation and bylaws and a certified
copy of a resolution of the board of directors of the corporation
that designates individuals registered under this chapter as
responsible for the practice of architecture by the corporation
in this state and that provides that full authority to make all
final architectural decisions on behalf of the corporation with
respect to work performed by the corporation in this state shall
be granted and delegated by the board of directors to the
individuals designated in the resolution. The filing of the
resolution shall not relieve the corporation of any
responsibility or liability imposed upon it by law or by
contract; and
(c) A designation in writing setting forth the name or names
of the person or persons registered under this chapter who are
responsible for the architecture of the firm. If there is a
change in the person or persons responsible for the architecture
of the firm, the changes shall be designated in writing and filed
with the board within thirty days after the effective date of the
changes.
(2) Upon the filing with the board of the application for
certificate of authorization, the certified copy of the
resolution, and the information specified in subsection (1) of
this section, the board shall authorize the director to issue to
the corporation a certificate of authorization to practice
architecture in this state upon a determination by the board
that:
(a) The bylaws of the corporation contain provisions that
all architectural decisions pertaining to any project or
architectural activities in this state shall be made by the
specified architects responsible for the project or architectural
activities, or other responsible architects under the direction
or supervision of the architects responsible for the project or
architectural activities;
(b) The applicant corporation has the ability to provide,
through qualified personnel, professional services or creative
work requiring architectural experience, and with respect to the
architectural services that the corporation undertakes or offers
to undertake, the personnel have the ability to apply special
knowledge to the professional services or creative work such as
consultation, investigation, evaluation, planning, design, and
administration of the construction contract in connection with
any public or private structures, buildings, equipment,
processes, works, or projects;
(c) The application for certificate of authorization
contains the professional records of the designated person or
persons who are responsible;
(d) The application for certificate of authorization states
the experience of the corporation, if any, in furnishing
architectural services during the preceding five-year period;
(e) The applicant corporation meets such other requirements
related to professional competence in the furnishing of
architectural services as may be established and promulgated by
the board in furtherance of the purposes of this chapter; and
(f) The applicant corporation is possessed of the ability
and competence to furnish architectural services in the public
interest.
(3) Upon recommendation of the board to impose action as
authorized in RCW 18.235.110, the director may impose the
recommended action upon a certificate of authorization to a
corporation if the board finds that any of the officers,
directors, incorporators, or the stockholders holding a majority
of stock of the corporation have committed an act prohibited
under RCW 18.08.440 or 18.235.130 or have been found personally
responsible for misconduct under subsection (6) or (7) of this
section.
(4) In the event a corporation, organized solely by a group
of architects each registered under this chapter, applies for a
certificate of authorization, the board may, in its discretion,
grant a certificate of authorization to that corporation based on
a review of the professional records of such incorporators, in
lieu of the required qualifications set forth in subsections (1)
and (2) of this section. In the event the ownership of such
corporation is altered, the corporation shall apply for a revised
certificate of authorization, based upon the professional records
of the owners if exclusively architects, under the qualifications
required by subsections (1) and (2) of this section.
(5) Any corporation authorized to practice architecture
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree as
an individual registered architect and shall conduct their
business without misconduct or malpractice in the practice of
architecture as defined in this chapter.
(6) Any corporation that has been certified under this
chapter and has engaged in the practice of architecture may have
its certificate of authorization either suspended or revoked by
the board if, after a proper hearing, the board finds that the
corporation has committed misconduct or malpractice under RCW 18.08.440 or 18.235.130. In such a case, any individual
architect registered under this chapter who is involved in such
misconduct is also subject to disciplinary measures provided in
this chapter and RCW 18.235.110.
(7) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation under
its certificate of authorization shall be prepared by or under
the direction of the designated architects and shall be signed by
and stamped with the official seal of the designated architects
in the corporation authorized under this chapter.
(8) For each certificate of authorization issued under this
section there shall be paid a certification fee and an annual
certification renewal fee as prescribed by the director under RCW 43.24.086.
(9) This chapter shall not affect the practice of
architecture as a professional service corporation under chapter 18.100 RCW.
[2002 c 86 § 203; 1991 c 72 § 2; 1985 c 37 § 13.]
NOTES:
Effective dates -- 2002 c 86: See note following RCW 18.08.340.
Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.