§ 83A-13 — Exemptions

North Carolina § 83A-13

• Jurisdiction: North Carolina
• Ch. 83A: Architects and Registered Interior Designers

Text

(a) Nothing in this Chapter shall be construed to prevent the practice of general contracting under the provisions of Article 1 of Chapter 87, or the practice by any person who is qualified under law as a "registered professional engineer" of such architectural work as is incidental to engineering projects or utilities, or the practice of any other profession under the applicable licensure provisions of the General Statutes.
(b) Nothing in this Chapter shall be construed to prevent a duly licensed general contractor, professional engineer, architect, or registered interior designer acting individually or in combination thereof, from participating in a "Design/Build" undertaking including the preparation of plans and/or specifications and entering individual or collective agreements with the owner in order to meet the owner's requirements for pre-determined costs and unified control in the design and construction of a project, and for the method of compensation for the design and construction services rendered; provided, however, that nothing herein shall be construed so as to allow the performance of any such services or any division thereof by one who is not duly licensed to perform such service or services in accordance with applicable licensure provisions of the General Statutes; provided further, that full disclosure is made in writing to the owner as to the duties and responsibilities of each of the participating parties in such agreements; and, provided further, nothing in this Chapter shall prevent the administration by any of the said licensees of construction contracts and related services or combination of services in connection with the construction of buildings.
(c) (Effective until December 31, 2024 - see note) Nothing in this Chapter shall be construed to require an architectural license for the preparation, sale, or furnishing of plans, specifications and related data, or for the supervision of construction pursuant thereto, where the building, buildings, or project involved is in one of the following categories:
(1) A family residence, up to eight units attached with grade level exit, which is not a part of or physically connected with any other buildings or residential units;
(2) A building upon any farm for the use of any farmer, unless the building is of such nature and intended for such use as to substantially involve the health or safety of the public;
(3) An institutional or commercial building if it does not have a total value exceeding three hundred thousand dollars ($300,000);
(4) An institutional or commercial building if the total building area does not exceed 3,000 square feet in gross floor area;
(5) Alteration, remodeling, or renovation of an existing building that is exempt under this section, or alteration, remodeling, or renovation of an existing building or building site that does not alter or affect the structural system of the building; change the building's access or exit pattern; or change the live or dead load on the building's structural system. This subdivision shall not limit or change any other exemptions to this Chapter or to the practice of engineering under Chapter 89C of the General Statutes;
(6) The preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions utilized to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements or exemptions of this Chapter.
(c) (Effective December 31, 2024 - see note) Nothing in this Chapter shall be construed to require an architectural license for the preparation, sale, or furnishing of plans, specifications and related data, or for the supervision of construction pursuant thereto, where the building, buildings, or project involved is in one of the following categories:
(1) A family residence, up to eight units attached with grade level exit, which is not a part of or physically connected with any other buildings or residential units;
(2) A building upon any farm for the use of any farmer, unless the building is of such nature and intended for such use as to substantially involve the health or safety of the public;
(3) An institutional or commercial building if it does not have a total value exceeding two hundred thousand dollars ($200,000);
(4) An institutional or commercial building if the total building area does not exceed 3,000 square feet in gross floor area;
(5) Alteration, remodeling, or renovation of an existing building that is exempt under this section, or alteration, remodeling, or renovation of an existing building or building site that does not alter or affect the structural system of the building; change the building's access or exit pattern; or change the live or dead load on the building's structural system. This subdivision shall not limit or change any other exemptions to this Chapter or to the practice of engineering under Chapter 89C of the General Statutes;
(6) The preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions utilized to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements or exemptions of this Chapter.
(c1) (Effective until December 31, 2024 - see note) Notwithstanding subdivisions (c)(3) and (4) of this section, all of the following shall be exempt from the requirement for a professional architectural seal:
(1) A commercial building project with a total value of less than three hundred thousand dollars ($300,000) and a total project area of less than 3,000 square feet in gross floor area.
(2) Any alteration, remodeling, renovation, or repair of a commercial building with a total value of less than three hundred thousand dollars ($300,000).
(3) Any alteration, remodeling, renovation, or repair of a commercial building if the total building area does not exceed 3,000 square feet in gross floor area.
(c1) (Effective December 31, 2024 - see note) Notwithstanding subdivisions (c)(3) and (4) of this section, a commercial building project with a total value of less than two hundred thousand dollars ($200,000) and a total project area of less than 3,000 square feet shall be exempt from the requirement for a professional architectural seal.
(d) Nothing in this Chapter shall be construed to prevent any individual from making plans or data for buildings for himself.
(e) Plans and specifications prepared by persons or corporations under these exemptions shall bear the signature and address of such person or corporate officer.
(f) This Chapter does not apply to persons holding themselves out as "interior decorators" or offering "interior decorating services," and who provide services that are not subject to regulation under applicable building codes, such as selection or assistance in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or loose furnishings.
(g) This Chapter does not apply to persons engaging in professional services limited to any of the following:
(1) The planning, design, and implementation of residential kitchen and bath spaces.
(2) The planning, design, and implementation of commercial kitchen and bath spaces within the construction area and cost limits as set forth in subdivisions (c)(3) and (4) of this section.
(3) The specification of products for kitchen and bath areas.
(h) This Chapter does not prevent any person from rendering interior design services, provided the person does not use the title of "registered interior designer" unless registered under this Chapter. (1979, c. 871, s. 1; 1997-457, s. 1; 2015-145, s. 10; 2020-74, s. 28; 2021-81, s. 1; 2021-192, s. 1.)