# Title 8 — Architecture, Board of

## Article 8-02 — Practice of Architecture and Landscape Architecture

## Chapter 8-02-02 — Exemptions

### § 8-02-02-01. Own use.

Repealed effective January 1, 2014.
### § 8-02-02-02. Public buildings.

Repealed effective January 1, 2014.
### § 8-02-02-03. Employee of an architect or landscape architect.

An employee of an architect or landscape architect is exempt from North Dakota Century Code
chapter 43-03 under subsection 5 of North Dakota Century Code section 43-03-02. This exemption
shall not be construed to permit an employee to perform services which, because of their importance to
the client's and the public's interest, require the presence of the principal, such as solicitation of and
contracting for architectural or landscape architectural services, negotiations or discussions involving
substantial design or cost impacts, and other services of similar responsibility which are normally
performed by the architect or landscape architect.
History: Amended effective January 1, 2014.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-02
### § 8-02-02-04. Shop drawings.

A person preparing shop drawings or other graphic instruments, the purpose of which is to carry out
the architect's or landscape architect's design intent, and which are subject to the architect's or
landscape architect's approval, is exempt from North Dakota Century Code chapter 43-03.
History: Amended effective January 1, 2014.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
### § 8-02-02-05. Federal projects.

A person in the employ of, or commissioned by, a United States government agency, who performs
architectural or landscape architectural services for a project to be owned and used by the federal
government, and to be built with federally appropriated funds is exempt from North Dakota Century
Code chapter 43-03. This exemption shall not be construed to permit nonregistered persons to perform
architectural or landscape architectural services for a project for which the federal government is
merely the lender or guarantor.
History: Amended effective January 1, 2014.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08

### § 8-02-02-06. Exemptions.

Nothing in this chapter shall be construed to prevent:
1. Preparation of plans, drawings, and specifications for public buildings costing less than the
amount stipulated in North Dakota Century Code section 48-01.1-04 or buildings for the use of
the North Dakota agricultural experiment station under the provisions of North Dakota Century
Code section 48-01.1-04.
2. The preparation of submissions to architects or landscape architects by the manufacturer,
supplier, or installer of materials, assemblies, components, or equipment incidental to the
design of the entire project that describe or illustrate the use of such items.
3. The preparation of any details or shop drawings required of the contractor by the terms of the
construction documents.
4. The management of construction contracts by persons customarily engaged in contracting
work.
5. The preparation of technical submissions or the administration of construction contracts by
persons acting under the responsible control of a registered architect or landscape architect.
6. A partnership, limited liability company, or professional corporation from performing or holding
itself out as able to perform any of the services involved in the practice of architecture or
landscape architecture; provided that any agreement to perform such services shall be
executed on behalf of the partnership, limited liability company, or professional corporation by
the general partner or partners, or by the manager or managers, or by the director or directors
who hold registration in this state and who will exercise responsible control over the particular
services contracted for by the partnership, limited liability company, or professional
corporation; and provided further that the partnership, limited liability company, or professional
corporation furnishes the board with such information about its organization and activities as
the board shall require by regulation. "Managers" shall mean the members of a limited liability
company in which management of its business is vested in the members and the managers of
a limited liability company in which management of its business is vested in one or more
managers.
7. A partnership (including a registered limited liability partnership), limited liability company, or
professional corporation from offering a combination of services involved in the practice of
architecture or landscape architecture and construction services provided that:
a. A registered architect or landscape architect or person otherwise permitted under
subsection 8 to offer architectural or landscape architectural services participates
substantially in all material aspects of the offering;
b. There is written disclosure at the time of the offering that a registered architect or
landscape architect is engaged by and contractually responsible to such partnership,
limited liability company, or professional corporation;
c. Such partnership, limited liability company, or professional corporation agrees that the
registered architect or landscape architect will have responsible control of the work and
that such architect's or landscape architect's services will not be terminated without the
consent of the person engaging the partnership, limited liability company, or professional
corporation; and
d. The rendering of architectural or landscape architectural services by such registered
architect or landscape architect will conform to the provisions of North Dakota Century
Code chapter 43-03 and the rules adopted under that chapter.

8. A nonresident, who holds the certification issued by the national council of architectural
registration boards, or the council of landscape architectural registration boards, from offering
to render the professional services involved in the practice of architecture or landscape
architecture; provided that the person shall not perform any of the professional services
involved in the practice of architecture or landscape architecture until registered as
hereinbefore provided; and further provided that the person notifies the board in writing that
the person holds an NCARB or CLARB certificate and is not currently registered in the
jurisdiction, but will be present in North Dakota for the purpose of offering to render
architectural or landscape architectural services; the person will deliver a copy of the notice
referred to in this subsection to every potential client to whom the applicant offers to render
architectural or landscape architectural services; and the person promises to apply
immediately to the board for registration if selected as the architect or landscape architect for
the project.
9. A person, who holds the certification issued by the national council of architectural registration
boards, or the council of landscape architectural registration boards, but who is not currently
registered in the jurisdiction, from seeking an architectural, or landscape architectural,
commission by participating in an architectural or landscape architectural design competition
for a project in North Dakota; provided that the person notifies the board in writing that the
person holds an NCARB or CLARB certificate and is not currently registered in the jurisdiction,
but will be present in North Dakota for the purpose of participating in an architectural or
landscape architectural design competition; the person will deliver a copy of the notice
referred to in this subsection to every person conducting an architectural or landscape
architectural design competition in which the applicant participates; and the person promises
to apply immediately to the board for registration if selected as the architect or landscape
architect for the project.
History: Effective February 1, 2005; amended effective January 1, 2014.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-02
