Judges: W.A. DREW EDMONDSON, Attorney General of Oklahoma
Filed Date: 11/21/2006
Status: Precedential
Modified Date: 7/6/2016
Ms. Jean Williams, Executive Director Board of Governors of Licensed Architects and Landscape Architects P.O. Box 53430 Oklahoma City, Oklahoma 73152
Dear Ms. Williams:
This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions:
1. Are architects who are licensed pursuant to the State Architectural and Interior Designers Act required to plan, design and prepare plans and specifications for buildings to be constructed for the 2003 International Building Code1 Use Groups A-2 and A-3 — Assembly and E — Education, if the buildings are:
(a) Two (2) stories or fewer in height and designed for a code-defined occupancy of no more than fifty (50) persons;
(b) One (1) story in height and designed for a code-defined occupancy of fifty-one (51) persons or more; and
(c) Three (3) stories or more in height and designed for a code-defined occupancy of forty (40) persons or more?
2. Is a basement to be counted as a story of building height when determining the need for architects licensed pursuant to the State Architectural and Interior Designers Act?
In 2006 the Oklahoma Legislature amended and enacted several new laws in the State Architectural and Interior Designers Act2 ("Act"). The Legislature enacted Section 46.21b of Title 59 at 2006 Okla. Sess. Laws ch.
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 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 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 this act.
C. The following shall be exempt from the provisions of the State Architectural and 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[.]
Id. (emphasis added).
BASEMENT. That portion of a building that is partly or completely below grade plane. . . . A basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:
1. More than 6 feet (1829 mm) above grade plane;4
2. More than 6 feet (1829 mm) above the finished ground level for more than 50 percent of the total building perimeter; or
3. More than 12 feet (3658 mm) above the finished ground level at any point.
. . . .
STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. . . .
Id. ch. 5, § 502.1, p. 73 (emphasis added) (footnote added).
According to the above definition a basement is to be considered as a "story above grade plane" when any one of three conditions is met, namely: where the finished surface of the floor above the basement is (1) more than 6 feet above grade plane, (2) more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, or (3) more than 12 feet above the finished ground level at any point. In each of these three situations the below grade nature of a basement is sufficiently diminished such that it is to be considered a single story.
The Act applies, and licensed architects are required for buildings for Code Use Groups A-2 and A-3 (Assembly) and E (Education), if either (1) the building height is three stories or higher or (2) the occupancy is to be fifty-one (51) people or more. To be exempt from the requirement to have licensed architects under 59 O.S. Supp. 2006, § 46.21b[
By way of example, a two-story building for use groups A-2 and A-3 — Assembly and E — Education designed for fifty-one (51) people or more would require licensed architects; a one-story building for Code Use Groups A-2 and A-3 — Assembly and E — Education designed for fifty-one (51) people or more would also require licensed architects. A two-story building for use groups A-2 and A-3 — Assembly and E — Education designed for fifty (50) people or fewer would be exempt from the Act, as would a one-story building for Code Use Groups A-2 and A-3 — Assembly and E — Education designed for fifty (50) people or fewer. A two-story building for Code Use Groups A-2 and A-3 — Assembly and E — Education with a basement "considered a story" by being more than 12 feet above the finished ground and designed for fifty (50) people or fewer would require licensed architects, because it is deemed to be three stories.
It is, therefore, the official Opinion of the Attorney Generalthat:
1. In answer to your first question:
(a) Architects licensed pursuant to the State Architectural and Interior Designers Act, 59 O.S. 2001 Supp. 2006, §§ 46.1-46.41, are not required to plan, design and prepare plans and specifications for buildings to be constructed for the 2003 International Building Code Use Groups A-2 and A-3 — Assembly and E — Education, if the buildings are two (2) stories or fewer in height and designed for a code-defined occupancy of no more than fifty (50) persons. 59 O.S. Supp. 2006, § 46.21b[
59-46.21b ](C)(1).(b) Licensed architects are required to plan, design and prepare plans and specifications for buildings to be constructed for the 2003 International Building Code Use Groups A-2 and A-3 — Assembly and E — Education, if the buildings are one (1) story in height and designed for a code-defined occupancy of fifty-one (51) persons or more. 59 O.S. Supp. 2006, § 46.21b[
59-46.21b ](C)(1).(c) Licensed architects are required to plan, design and prepare plans and specifications for buildings to be constructed for the 2003 International Building Code Use Groups A-2 and A-3 — Assembly and E — Education, if the buildings are three (3) stories or more in height and designed for a code-defined occupancy of forty (40) persons or more. 59 O.S. Supp. 2006, § 46.21b[
59-46.21b ](C)(1).2. A "basement" is to be counted as a "story" of building height when determining the need for architects licensed pursuant to the State Architectural and Interior Designers Act, when any one of three conditions are met, namely: where the finished surface of the floor above the basement is (1) more than 6 feet above grade plane, (2) more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, or (3) more than 12 feet above the finished ground level at any point. 59 O.S. Supp. 2006, § 46.21b[
59-46.21b ](C); 2003 INTERNATIONAL BUILDING CODE, ch. 5, § 502.1, p. 73.W.A. DREW EDMONDSON ATTORNEY GENERAL OF OKLAHOMA
JOHN CRITTENDEN ASSISTANT ATTORNEY GENERAL
I-57