# Title 43 — Occupations and Professions

## Chapter 43-03 — Architects and Landscape Architects

### § 43-03-01. Definitions.

In this chapter, unless the context otherwise requires:
1. "Architect" means an individual who is registered as an architect under this chapter.
2. "Board" means the state board of architecture and landscape architecture.
3. "Landscape architect" means an individual who is registered as a landscape architect
under this chapter.
4. "Landscape architecture" does not include the practice of engineering and practice of
professional engineering as defined under section 43-19.1-02.
5. "Practice of architecture" means rendering or offering to render service to clients
generally, including any one or any combination of the following practices or
professional services: advice, consultation, planning, architectural design, drawings,
and specifications; and general administration of the contract as the owner's
representative during the construction phase in which expert knowledge and skill are
required in connection with the erection, enlargement, or alteration of any building, or
the equipment, or utilities thereof, or the accessories thereto if the safeguarding of the
public health, safety, or welfare is concerned or involved. The term includes the
making of architectural plans and specifications for buildings.
6. "Practice of landscape architecture" means rendering or offering to render service to
clients generally, including any one or any combination of the following practices or
professional services: advice, consultation, planning, landscape architectural design,
drawings, and specifications; and general administration of the contract as the owner's
representative during the construction phase in which expert knowledge and skill are
required in connection with landscape enhancement or landscape development,
including the formulation of graphic or written criteria to govern the planning or design
of land construction projects, production of overall site plans, landscape grading, and
landscape drainage plans, planting plans, irrigation plans, and construction details if
the safeguarding of the public health, safety, or welfare is concerned or involved.
### § 43-03-02. Persons exempt from regulations.

1. The architect registration provisions of this chapter do not apply to:
a. A person supervising the erection, enlargement, or alteration of a building; or
b. A person preparing plans and specifications or designing, planning, or
administering the construction contracts for the construction, alteration,
remodeling, or repair of:
(1) A private residence;
(2) A building that under applicable building code does not exceed two stories in
height exclusive of a one-story basement, and is:
(a) A garage;
(b) A building not considered to have a primary building code occupancy
classification of assembly group A-1, educational group E, high-hazard
group H, or institutional group I;
(c) A building considered to have a primary building code occupancy
classification of assembly groups A-2, A-3, A-4, or A-5; business
group B; factory industrial group F; mercantile group M; or residential
group R;
(d) A pre-engineered metal building;
(e) A building for the marketing, storage, or processing of farm products;
or
(f) A warehouse;
(3) Rental apartment units that do not exceed three stories in height exclusive
of a one-story basement;
(4) A farm building; or

(5) A building remodeling or an addition or both, which does not change its use
to a primary building code occupancy classification of assembly group A-1,
educational group E, high-hazard group H, or institutional group I.
2. The landscape architect registration provisions of this chapter do not apply to:
a. An architect, a professional engineer, or a land surveyor in the course of
providing professional services for which otherwise licensed or registered;
b. A nursery worker, gardener, landscape designer, or landscape contractor in the
course of preparing planting plans or installing plant material, to the extent these
activities do not impact the public health, safety, or welfare;
c. An individual in the course of planning or otherwise caring for that individual's
property; or
d. An irrigation designer, contractor, or service provider in the course of preparing
irrigation plans or installing, repairing, or maintaining irrigation systems.
3. This chapter does not:
a. Apply to an officer or employee of the United States government while engaged
in governmental work in this state;
b. Curtail or extend the right of any other profession regulated in this state;
c. Prevent the independent employment of a registered professional engineer for
any professional service related solely to civil, structural, mechanical, or electrical
engineering in connection with any building or building project; or
d. Supersede, override, or amend the provisions of chapter 43-19.1 regarding
registration of professional engineers and land surveyors or chapter 43-07
regarding registration of contractors.
### § 43-03-03. State board of architecture and landscape architecture - Members - Term of

office - How vacancies filled.
1. The state board of architecture and landscape architecture consists of five members
appointed by the governor for terms of six years each with terms of office staggered so
no more than one term expires on March fourteenth of each year.
2. The board is composed of three architects, one landscape architect, and one public
member.
3. Each member of the board shall qualify by taking the oath of office required of civil
officers and shall hold office until that member's successor is appointed and qualified,
and any vacancy occurring in the board must be filled by the governor for the
unexpired term.
### § 43-03-04. Qualifications of members of board - Removal of members.

Each professional member of the board must be a resident of this state who is an architect
or landscape architect and who has been a resident of and in active practice in this state for not
less than five years before appointment. The public member of the board must be a resident of
this state for at least five years before appointment, who is not licensed under this chapter, who
is not a spouse of an individual licensed under this chapter, and who is not employed by an
architecture or landscape architecture firm. The governor may remove any member of the board
for inefficiency or neglect of duty.
### § 43-03-05. Meetings of board - Officers elected.

1. The board shall hold regular meetings at least once each year, with the date and
location set by the board. The board may meet as designated by a majority of the
board. The board shall select from among its members a president and a
secretary-treasurer.
2. The board may:
a. Administer an oath;
b. Take an affidavit;
c. Summon a witness;
d. Take testimony as to matters coming within the scope of the board's duties;

e. Enter an interstate or intrastate agreement or association with other boards of
licensure for the purpose of establishing reciprocity, developing examinations,
evaluating applicants, or other activities to enhance the services of the board to
the state, the registrant, or the public; and
f. Appoint or contract an executive director and any other individual the board
determines is necessary to administer the affairs of the board.
3. The board shall:
a. Adopt a seal to be affixed to each certificate of registration issued by the board;
b. Issue certificates of registration to qualified applicants; and
c. Adopt rules in accordance with chapter 28-32.
4. The secretary-treasurer shall keep a record of the proceedings of the board.
### § 43-03-06. Salary of executive director - Expenses of board.

1. If the board appoints or contracts an executive director, the executive director is
entitled to receive such salary as fixed by a resolution of the board adopted at a
regular meeting, and is entitled to receive reimbursement for travel, lodging, and other
expenses as are incurred legitimately in the performance of the executive director's
official duties.
2. Each member of the board is entitled to receive a per diem of seventy-five dollars for
each day or portion of a day spent in the discharge of the member's duties, such
mileage as is provided for by section 54-06-09, and is entitled to reimbursement for the
member's actual and necessary expenses incurred in the discharge of the member's
official duties.
3. The expenses of the board at no time may exceed the amount of moneys received
and on deposit to the credit of the board under the provisions of this chapter.
### § 43-03-07. Deposit of fees - Separate fund - Vouchers.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-03-08. Board to adopt rules.

The board shall adopt rules:
1. To govern board proceedings.
2. For the examination of candidates for registration.
3. For the regulation of the practice of architecture and landscape architecture.
4. For education requirements of registration applicants.
5. For practical experience requirements of registration applicants.
### § 43-03-09. Prohibited acts - Injunction.

1. A person may not practice architecture in this state unless registered as an architect
under this chapter or otherwise authorized by the board. A person may not practice
landscape architecture in this state unless registered as a landscape architect under
this chapter or otherwise authorized by the board.
2. A person may not fraudulently obtain or furnish a certificate of registration to practice
architecture or landscape architecture.
3. A person that is not registered under this chapter may not:
a. Advertise, represent, or in any manner hold that person out as an architect or
landscape architect;
b. In connection with the person's business or name, or otherwise, assume, use, or
advertise any term, title, or description or engage in any other conduct that
reasonably might be expected to mislead another to believe the person is an
architect or landscape architect; or
c. Except as a copartnership of architects, engage in the solicitation of architecture
or landscape architecture services as an individual or corporation.

4. Through the attorney general, the board may seek to enjoin a person from committing
an act in violation of this chapter. The board is not required to prove irreparable injury
to enjoin a violation of this chapter.
### § 43-03-10. Regulation of use of titles.

1. A person may not use the title or designation "architect", "registered architect",
"licensed architect", any variation of those terms, or any other words, letters, or device
to indicate that person is an architect authorized to practice architecture in this state
unless that person is registered as an architect under this chapter. In a copartnership
of architects, each member of the partnership shall hold a certificate of registration to
practice.
2. A person may not use the title or designation "landscape architect", "registered
landscape architect", "licensed landscape architect", any variation of those terms, or
any other words, letters, or device to indicate that person is a landscape architect
authorized to practice landscape architecture in this state unless that person is
registered as a landscape architect under this chapter.
3. This chapter does not authorize a landscape architect to use the title "architect" or to
practice architecture.
### § 43-03-11. Application for examination - Fee.

Before an individual may take the examination for registration as an architect or a
landscape architect, that individual shall make an application to the board submitting
satisfactory evidence of having the required qualifications and shall pay an examination fee of
not more than one hundred dollars. If an applicant fails to pass the examination, at the next
regularly scheduled examination the applicant may take a partial or entire re-examination as
determined appropriate by the board. An applicant shall pay a re-examination fee of not more
than one hundred dollars for a re-examination. The fee for re-examination may be waived in
whole or in part by the board.
### § 43-03-12. Board to issue certificates of registration.

Repealed by S.L. 2009, ch. 358, § 20.
### § 43-03-13. Qualifications.

An applicant for registration as an architect or landscape architect:
1. Must be at least eighteen years of age;
2. Must be of good moral character, with rejection possible on the basis of:
a. Conviction of an offense determined by the board to have a direct bearing upon
an applicant's ability to serve the public as an architect or a landscape architect,
or the board determines, following conviction of an offense, that the applicant is
not sufficiently rehabilitated under section 12.1-33-02.1;
b. Misstatement or misrepresentation of fact by the applicant in connection with that
individual's application; or
c. Violation of any of the standards of conduct required of registrants;
3. Must have successfully completed an examination for registration;
4. In the case of an architect, must either:
a. Hold a professional degree in architecture from an accredited school of
architecture and must have the required practical experience, as established by
the board; or
b. Provide evidence of education and experience that is substantially equivalent to a
professional degree and practical experience, as established by the board;
5. In the case of a landscape architect, must hold either:
a. A professional degree in landscape architecture from an accredited school of
landscape architecture and must have the required practical experience, as
established by the board; or

b. Provide evidence of education and experience that is substantially equivalent to a
professional degree and practical experience, as established by the board; and
6. Must satisfy registration criteria adopted by the board.
### § 43-03-14. Examination.

1. Before an applicant may be registered as an architect, the applicant shall pass
satisfactorily an examination established by the board.
2. Before an applicant may be registered as a landscape architect, the applicant shall
pass satisfactorily an examination established by the board.
3. The board may administer an examination or may recognize a board-approved
examination of a nationally recognized entity.
### § 43-03-15. When examination not necessary.

The board may admit a nonresident applicant seeking to register to practice architecture or
landscape architecture in North Dakota without requiring the applicant to pass an examination if
the applicant is licensed or registered to practice architecture or landscape architecture under
the laws of any other state that has requirements substantially equal to those provided for under
this chapter. An applicant under this section shall pay the fees provided for under section
43-03-18.
### § 43-03-16. Result of examinations recorded - List of certificate holders.

The result of every examination for registration as an architect or a landscape architect and
the evidence of qualifications must be recorded by the secretary-treasurer of the board. The
secretary-treasurer of the board shall maintain a list of architects and landscape architects
certified under this chapter. This list of certificate holders must contain each certificate holder's
name, current business address, certification number, and the expiration date of the certificate.
### § 43-03-17. Certificates of registration - Term.

An initial certificate of registration as an architect or a landscape architect expires on June
thirtieth of the year following the date of issuance. A renewed certificate of registration is valid
for two years.
### § 43-03-18. Fees.

1. The following fees apply to architects and landscape architects:
a. Following examination, a registration fee of not more than three hundred dollars,
as set by the board.
b. When examination is not necessary under section 43-03-15, a registration fee of
not more than three hundred dollars, as set by the board.
c. A registration renewal fee, which need not be collected annually, but which must
be based on no more than three hundred dollars per year, as set by the board.
d. Fees set by the board under this subsection are not subject to chapter 28-32.
2. If in any year the board incurs expenses related to regulation of architects and
landscape architects which are in excess of the income generated through fees for
that year, the board may assess a special fee to cover these excess expenses. The
board may continue an annual special fee assessed under this subsection until the
excess obligations are met. A certificate holder who fails to pay a special fee assessed
by the board under this subsection is subject to the forfeiture provisions under section
43-03-19.
3. Fees set by the board may not exceed the amount reasonably necessary to regulate
the professions of architecture and landscape architecture.
### § 43-03-19. Renewal - Forfeiture.

1. A holder of a certificate of registration as an architect or a landscape architect shall
apply to renew the certificate and pay the associated renewal fee or a special fee
when due. Application for renewal must be accompanied by evidence satisfactory to

the board of compliance with this chapter. Failure of a certificate holder to timely renew
the certificate and pay the associated renewal fee before the expiration of the
certificate results in forfeiture of the certificate.
2. At least two months before the date of the expiration of a certificate of registration, the
secretary-treasurer shall notify the certificate holder of the upcoming expiration and at
least two weeks before the expiration date the secretary-treasurer shall notify any
outstanding certificate holders by certified mail, at the certificate holder's last-known
address, of the upcoming expiration and resulting forfeiture.
### § 43-03-20. Revocation, denial, or suspension of registration.

If the board revokes, denies, or suspends the certificate of registration or application of a
certificate holder or applicant for certificate, the certificate holder or applicant has a right to a
hearing before the board on such contemplated disciplinary action and has a right to appeal to
the courts from the decision of the board on the hearing. All of the provisions of chapter 28-32
relating to proceedings before an administrative agency are applicable to and govern the notice
of hearing, the hearing, and the right of appeal from the board's decision. The board may
revoke, deny, or suspend any certificate of registration of or application to be an architect or a
landscape architect upon proof:
1. The certificate was obtained or attempted to be obtained by fraud, deceit, or material
misrepresentation of fact in applying for a certificate or renewal of a certificate or in
passage of the examination under this chapter;
2. The holder of the certificate has been guilty of malfeasance, deceit, fraud, gross
incompetency, or negligence in connection with the holder's practice of architecture or
landscape architecture;
3. The holder of the certificate has exhibited mental incompetency, untrustworthiness,
incompetency, or misconduct in the practice of architecture or landscape architecture
as evidenced by conduct that endangers life, health, property, or the public welfare.
4. The holder of the certificate allowed a nonregistered person to practice as an architect
by the device of permitting the certificate holder's name or stamp to be placed upon
drawings, or other contract documents, not prepared by the holder or under the
holder's direct supervision;
5. The holder of the certificate or applicant had an architecture or a landscape
architecture license of another state suspended or revoked or was otherwise
disciplined by another state;
6. The holder of the certificate or applicant was convicted of an offense determined by
the board to have a direct bearing upon the certificate holder's or applicant's ability to
serve the public as an architect or landscape architect; or that, following conviction of
an offense, the holder or applicant is not sufficiently rehabilitated under section
12.1-33-02.1; or
7. The holder of the certificate or applicant violated this chapter or rules adopted under
this chapter. If a certificate holder or applicant is convicted of a crime in another state
which would constitute a violation of this chapter had the criminal action taken place in
this state, a copy of the judgment of conviction certified by the rendering court is
presumptive evidence of the conviction in any hearing under this section. For purposes
of this subsection, a conviction includes a plea of nolo contendere or its equivalent.
### § 43-03-21. Penalty.

Any person willfully violating this chapter is guilty of a class B misdemeanor.
### § 43-03-22. Stamp.

At the time of the issuance of the certificate of registration, the board shall require the
certificate holder to acquire, at the certificate holder's expense, a stamp or indicia to be used by
the certificate holder in the conduct of the certificate holder's practice and to be impressed upon
drawings, plans, and other documents prepared by the certificate holder. The board shall adopt

rules governing the technical requirements of such stamp and indicia and the certificate holder's
signature.
### § 43-03-23. Liability for contractor's fault - Liability for own negligence.

An architect or a landscape architect is not liable for the safety of persons or property on or
about a construction project site, or for the construction techniques, procedures, sequences and
schedules or for the conduct, action, errors, or omissions of any construction contractor,
subcontractor, or material supplier, their agents or their employees, unless the architect or
landscape architect assumes responsibility therefor by contract or by the architect's or
landscape architect's actual conduct. This section does not relieve an architect or a landscape
architect from liability from the architect's or landscape architect's negligence, whether in the
architect's or landscape architect's design work or otherwise.
### § 43-03-24. Landscape architect and architect advisory committees.

Repealed by S.L. 2009, ch. 358, § 20.
### § 43-03-25. Use of additional funds for landscape architect regulation.

Repealed by S.L. 2009, ch. 358, § 20.
