4703-3-12. Design Build

(A) An architect may provide design services in a design-build contractual relationship provided the architect:

(1) Is an architect licensed to practice in the State of Ohio or represents an architectural firm authorized to provide architectural services in the State of Ohio, and

(2) Assures a written disclosure has been given to the client by the entity identifying the architect or architectural firm engaged by and contractually responsible to, the entity offering design-build project services, and

(3) Assures the entity agrees that the architect will have direct supervision of the architectural work and that the architect's services will not be terminated on the project, without the immediate replacement by another architect.

(B) A design-build entity shall not offer to provide or provide architectural services, unless the design-build entity is, or independently contracts with, an architect practicing as a sole proprietorship, an architectural firm holding a certificate of authorization to provide architectural services as set forth in Chapter 4703.18 of the Revised Code or employs one or more architects authorized to provide architectural services.

Offering to provide architectural services shall include, but not necessarily be limited to, any offer of architectural services by any sign, card, advertisement, or other device that might indicate to the public that the entity is entitled to provide architectural services.

An entity that is not, or does not independently contract with, an architect practicing as a sole proprietorship, an architectural firm holding a certificate of authorization to provide architectural services, or does not employ one or more architects may advertise the design-build project delivery process provided the advertisement does not identify to the public that the entity, by itself, is either entitled or qualified to offer or provide architectural services.

Five Year Review (FYR) Dates: 11/20/2014 and 10/31/2019
Promulgated Under: 119.03
Statutory Authority: 4703.02
Rule Amplifies: 4703.182
Prior Effective Dates: 09/11/2005

Prior History: (R.C. 119.032 review dates: 09/10/2014 and 10/31/2014
Promulgated Under: 119.03
Statutory Authority: 4703.02
Rule Amplifies: 4703.182
Prior Effective Dates: 09/11/2005, 11/02/2009)