Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part I - Architects
Chapter 13 - Administration
Section I-1313 - Interpretation of R.S. 37:152(B)
Universal Citation: LA Admin Code I-1313
Current through Register Vol. 50, No. 9, September 20, 2024
A.
1.
Specifications, drawings, or other related documents will be deemed to have
been prepared either by the architect or under the architect's responsible
supervision only when:
a. the client
requesting preparation of such plans, specifications, drawings, reports or
other documents makes the request directly to the architect, or the architect's
employee as long as the employee works in the architect's office;
b. the architect personally controls the
preparation of the plans, specifications, drawings, reports or other documents
and has input into their preparation prior to their completion;
c. if the plans, specifications, drawings,
reports, or other such documents are prepared outside the architect's office,
the architect shall maintain evidence of the architect's responsible control
including correspondence, time records, check prints, telephone logs, site
visit logs, research done for the project, calculations, changes, and written
agreements with any persons preparing the documents outside of the architect's
offices accepting professional responsibility for such work;
d. the architect reviews the final plans,
specifications, drawings, reports or other documents; and
e. the architect has the authority to, and
does, make necessary and appropriate changes to the final plans,
specifications, drawings, reports or other documents.
2. If an architect fails to maintain written
documentation of the items set forth above, when such are applicable, then the
architect shall be considered to be in violation of
R.S.
37:152, and the architect shall be subject to
the disciplinary penalties provided in
R.S.
37:153. This written documentation should be
maintained for the prescriptive period applicable to claims against the
architect which may arise from his or her involvement in the project.
B.
1. Nothing precludes the use of prototypical
documents provided the architect:
a. has
written permission to revise and adapt the prototypical documents from the
person who either sealed the prototypical documents or is the legal owner of
the prototypical documents;
b.
reviewed the prototypical documents and made necessary revisions to bring the
design documents into compliance with applicable codes, regulations, and job
specific requirements;
c.
independently performed and maintains on file necessary calculations;
d. after reviewing, analyzing, and making
revisions and/or additions, issued the documents with his/her title block and
seal (by applying his/her seal, the architect assumes professional
responsibility as the architect of record); and
e. maintained design control over the use of
site adapted documents just as if they were his/her original design.
2. The term prototypical
documents shall mean model documents of buildings that are intended to
be built in several locations with substantially few changes and/or additions
except those required to adapt the documents to each particular site; that are
generic in nature, that are not designed or premised upon the laws, rules or
regulations of any particular state, parish, or municipal building code; that
do not account for localized weather, topography, soil, subsistence, local
building codes, or other such conditions or requirements; and that are not
intended to be used as the actual documents to be employed in the construction
of a building, but rather as a sample or a model to provide instruction or
guidance. The term legal owner shall mean the person who
provides the architect with a letter that he or she is the owner of the
documents and has the written permission to allow the use thereof.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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