Ohio Administrative Code
Title 4703 - State Board of Examiners of Architects
Chapter 4703-3 - Certification
Section 4703-3-10 - Authorship and control
Universal Citation: OH Admin Code 4703-3-10
Current through all regulations passed and filed through December 16, 2024
(A) In order to determine whether a registered architect is the author, actual architect, or person in responsible charge of designs, drawings, plans, reports, specifications, contract documents, or other professional work or documents, the board may review evidence concerning, but not limited to the following factors:
(1) Whether both the diagrammatic
organization and the specific layout of the work produced by a registered
architect are the same or substantially the same as in a design by another
registered architect;
(2) Whether
both the selection and application of structural and construction systems of
the work produced by a registered architect are the same or substantially the
same as in a design by another registered architect;
(3) Whether the appearance of the work, in
its main view or views, produced by a registered architect are the same or
substantially the same as to give a registered architect expert witness the
idea created by the design;
(4)
Whether the differences between the work produced by a registered architect and
that produced by another registered architect are, in the opinion of a
registered architect expert witness, trivial in nature and extent;
(5) Whether the appearance and content of the
work prepared by a registered architect are so similar to the work prepared by
another registered architect as to cause a registered architect expert witness
to conclude that the former registered architect copied the work of the latter;
(6) Whether a registered architect
had access to work prepared by another registered architect or to the
embodiment of the other registered architect's work;
(7) Whether the ideas expressed in documents
or work of a registered architect, and the method of expressing it or them,
were the same or substantially the same as in documents or work prepared by
another registered architect as to cause a registered architect expert witness
to conclude that the former registered architect copied the documents or work
of the latter;
(8) Whether there
is substantial similarity, though not literal or exact reproduction, between
the documents or work prepared by a registered architect and that prepared by
another registered architect as to cause a registered architect expert witness
to conclude that the former registered architect expressed no originality.
Five Year Review (FYR) Dates:
11/20/2014 and
10/31/2019
Promulgated
Under: 119.03
Statutory
Authority: 4703.02
Rule
Amplifies: 4703.02
Prior
Effective Dates: 5/15/98, 12/26/06,
11/09/2009
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