Current through the 2023 Legislative Sessions
Section 43-03-02 - Persons exempt from regulations1. The architect registration provisions of this chapter do not apply to: a. A person supervising the erection, enlargement, or alteration of a building; orb. A person preparing plans and specifications or designing, planning, or administering the construction contracts for the construction, alteration, remodeling, or repair of: (2) A building that under applicable building code does not exceed two stories in height exclusive of a one-story basement, and is:(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(3) Rental apartment units that do not exceed three stories in height exclusive of a one-story basement;(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; ord. 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; ord. 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.Amended by S.L. 2011, ch. 305 (HB 1469),§ 1, eff. 4/15/2011.