§ 59-46.21b. Architects required for certain buildings - Code Use Groups - Exempted buildings.  

A.  An architect shall be required to plan, design and prepare plans and specifications for the following building types except where specifically exempt from the provisions of the State Architectural and Registered Interior Designers Act.  All use groups in this section are defined by the 2003 International Building Code.

B.  The construction, addition or alteration of a building of any size or occupancy in the following Code Use Groups shall be subject to the provisions of the State Architectural and Registered Interior Designers Act:

1.  Code Use Group I — Institutional;

2.  Code Use Group R-2 – Residential, limited to dormitories, fraternities and sororities, and monasteries and convents;

3.  Code Use Group A-1 – Assembly and theaters;

4.  Code Use Group A-4 – Assembly, arenas and courts;

5.  Code Use Group A-5 – Assembly, bleachers and grandstands; and

6.  Buildings for which the designated Code Use Group changes are not exempt from the State Architectural and Registered Interior Designers Act.

C.  The following shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act; provided that, for the purposes of this subsection, a basement is not to be counted as a story for the purpose of counting stories of a building for height regulations:

1.  The construction, addition or alteration of a building no more than two stories in height and with a code–defined occupancy of no more than fifty (50) persons for the Code Use Groups A-2 and A-3 – Assembly and Code Use Group E - Education;

2.  The construction, addition or alteration of a building no more than two stories in height and no more than sixty-four transient lodging units per building for the Code Use Group R1 — Residential, including, but not limited to, hotels and motels;

3.  The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding one hundred thousand (100,000) in the Code Use Group B – Business;

4.  The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding two hundred thousand (200,000) in the Code Use Group M – Mercantile; and

5.  The construction, addition or alteration of a building no more than two stories in height in the following Code Use Groups or buildings:

a.Code Use Group U — Utility,

b.Code Use Group F – Factory and Industrial,

c.Code Use Group H – High hazard,

d.Code Use Group S – Storage,

e.Code Use Group R2 — Residential, including apartments containing no more than thirty-two dwelling units or thirty-two guest units per building,

f.Code Use Groups R3 and R4 — Residential,

g.all buildings used by a municipality, county, state, public trust, public agency or the federal government with a construction value under One Hundred Fifty-eight Thousand Dollars ($158,000.00),

h.incidental buildings or appurtenances associated with paragraphs 1 through 5 of this subsection, and

i.all uninhabitable, privately owned agricultural buildings.

D.  The renovation or alteration of a building where the intended use is exempt as new construction shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act.

E.  Addition, renovation or alteration of buildings where the intended use is not exempt from the provisions of this act, but where the planned addition or alteration, as determined by the applicable building official, does not affect the primary structural, mechanical, or electrical systems, life-safety systems or exit passageways shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act.

Added by Laws 2006, c. 163, § 17, eff. July 1, 2006.  Amended by Laws 2006, c. 193, § 6, eff. July 1, 2006; Laws 2007, c. 50, § 1, emerg. eff. April 24, 2007; Laws 2009, c. 184, § 15, eff. July 1, 2009.