CHAPTER
202
PROFESSIONAL ARCHITECTS |
ARRANGEMENT OF
SECTIONS |
SECTION |
PART I
PRELIMINARY |
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PART II
THE PROFESSIONAL ARCHITECTS BOARD |
Establishment of the Board. |
Terms of office of Board members. |
|
Registrar and other staff for the Board. |
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PART III
REGISTRATION OF PROFESSIONAL ARCHITECTS |
Register of Professional Architects. |
Qualifications for registration. |
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Publication of lists of licensed architects. |
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PART IV
DISCIPLINE |
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Complaints of improper conduct. |
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Disciplinary powers of the Board. |
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Power to order immediate suspension. |
Removal of name from Register. |
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PART V
OFFENCES AND PENALTIES |
Penalty for improper use of names, titles, etc. |
Penalty for wrongfully procuring registration. |
Practice without licence. |
PART VI
MISCELLANEOUS PROVISIONS |
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Certificate of Registrar to be evidence. |
Review of Board activities. |
Immunity of certain person acting under this Act. |
Exemptions from provisions of this Act. |
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CHAPTER 202 |
PROFESSIONAL
ARCHITECTS |
An Act to
provide for the registration of architects and architectural technicians, the
regulation and control of architectural practice, and for related purposes. | 17 of 1994
14 of 1995
5 of 1996 |
[Assent 15th
September, 1994]
[Commencement !st January, 1995] |
PART I
PRELIMINARY |
1. This Act may be cited as the Professional Architects
Act, 1994. | Short title. |
2. In this Act- | Interpretation. |
"architect"
means an individual who, by reason of his knowledge of the principles of
architecture acquired by professional education and practical experience, is
qualified to engage in architectural practices; |
"architectural
technician" means an individual who by reason of his technical education
is qualified to produce the documents relating to an architectural practice; |
"architecture"
or "architectural practice" means the rendering of services in
connection with the design, and superintendence of construction, of structures
for human habitation or use, utilising space within and surrounding such
structures; and, in this definition, "services" includes planning,
preliminary studies, designs, drawings, specifications, architectural
supervision, site supervision and the administration of construction contracts; |
"Board"
means the Professional Architects Board established by section 3; |
"certify"
means- |
(a) in
connection with site operations, specify that the relevant architectural works
have been constructed in accordance with the related contract documents, sound
building practice and any permits or approvals required by any written law; and |
(b) in
connection with calculations, drawings, specifications and other similar
documents, specify that the design and standards shall admit of analysis in
accordance with sound architectural practice; |
"Chairman"
means the Chairman of the Board elected under subsection (2) of section 3; |
"licence"
means a licence issued under section 11; |
"Minister"
means the Minister charged with responsibility for land use; |
"prescribed
examination" has the meaning assigned to that expression by section 7(a); |
"Register"
means the Register of Professional Architects provided for in section 8; |
"registered
architect" means an individual whose name appears on the Register; |
"Registrar"
means the Registrar to the Board; |
"seal" means
a seal issued to a registered architect under this Act; |
"to
register" means to enter the name of an individual in the Register. |
PART II
THE PROFESSIONAL ARCHITECTS BOARD |
3. (1) There is hereby established a body to be known
as the Professional Architects Board which shall discharge the functions
assigned to the Board by or under this Act. | Establishment of the Board. |
(2) The Board
shall consist of- |
(a) the
Director of Public Works ex officio or, if he is not an architect, a
public officer who is an architect; and |
(b) two
registered architects appointed by the Minister acting in his discretion; |
(c) two
registered architects appointed by the Minister acting; in accordance with the
advice of the association known as the Institute of Bahamian Architects and the
advice of such other associations of architects as the Minister sees fit; and |
(d) one
registered architect appointed by the Minister acting with the concurrence of
the association known as the Institute of Bahamian Architects and the
concurrence of such other associations of architects as the Minister sees fit, |
and the
Chairman shall be elected by the Board from among its members. |
4. (1) An appointed member of the Board shall hold
office until the 31st day of December next following the date of his
appointment but shall be eligible for reappointment. | Terms of office of Board members. |
(2) The Minister
may on the recommendation of the Board at any time revoke the appointment of an
appointed member. |
(3) If any vacancy
occurs among the appointed members, the Minister shall, as soon as possible
after consultation with the association known as the Institute of Bahamian
Architects and with such other associations of architects as the Minister sees
fit, appoint another individual to hold office for the remainder of the period
for which the previous member was appointed. |
(4) An appointed
member may at any time resign his office by instrument addressed to the Minister
and transmitted through the Chairman. |
(5) In this
section, "appointed member of the Board" or "appointed
member" means a member of the Board who is appointed under section
3(2)(b). |
5. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of its business, and such meetings
shall be held at such places and times and on such days as the Board may
determine, provided that such meetings shall take place at least twice a year. | Meetings of the Board. |
(2) The quorum of
the Board shall be three. |
(3) The decisions
of the Board shall be by a majority of votes; and a member of the Board who
holds office under section 3(2)(a) shall not have an original vote but shall,
in any case in which the voting is equal, have a casting vote. |
(4) Subject to the
provisions of this Act, the Board may regulate its own proceedings. |
(5) The Chairman
shall cause to be given to a member of the Board, ten days' written notice of a
meeting of the Board. |
6. The Minister shall appoint a Registrar (who shall
perform the functions assigned to the Registrar by or under this Act) and shall
provide the Board with such other staff and accommodation, services and other
facilities as appear to the Minister to be necessary or expedient for the
performance of the functions of the Board. | Registrar and other staff for the Board. |
7. The functions of the Board are- | Functions of the Board. |
(a) to conduct
or arrange for the conduct of an examination, where appropriate, for the
purpose of assessing the professional ability of individuals applying for
registration; |
(b) to register
architects and architectural technicians, and to issue licences and seals; |
(c) to
safeguard against illegal, improper or unethical architectural practices; |
(d) to exercise
disciplinary control over registered architects; |
(e) to publish
in the Gazette a list of qualifications and institutions recognised by
the Board in respect of the architectural academic training required for
eligibility to sit the prescribed examination; |
(f) to make
recommendations to the Minister regarding amendments to the law relating to
architects; |
(g) to advise
the Minister on any matter which the Minister refers to the Board relating to
architectural practices or professional qualifications; and |
(h) to regulate
architectural practices in accordance with this Act. |
PART III
REGISTRATION OF PROFESSIONAL ARCHITECTS |
8. (1) The Board shall cause the Registrar to keep a
register, to be known as "The Register of Professional Architects",
which shall contain the name and address of every architect and architectural
technician registered under this Act, the qualifications by virtue of which he
is registered and such other particulars as may be prescribed. | Register of Professional Architects. |
(2) The Register
shall be open to inspection by any member of the public at the office of the
Registrar during normal office hours. |
(3) The Registrar
shall make in the Register such alterations in respect of the names, addresses,
qualifications or other particulars of registered individuals as are necessary
and shall remove from the Register the name of any registered individual who is
deceased or no longer qualified to engage in an architectural practice in The
Bahamas. |
(4) A person whose
name is not entered in the Register shall be deemed not to be an architect or
architectural technician as the case may be, for the purposes of this Act. |
9. (1) An individual is entitled to be registered as an
architect if, upon his written application to the Board for such registration,
he satisfies the Board that- | Qualifications for registration. |
(a) he is
qualified to be registered as an architect; and |
(b) he is a fit
and proper individual to practise as an architect. |
(2) For the
purposes of subsection (1), an individual is qualified to be registered as an
architect if he has not been disqualified or suspended from architectural
practice (whether within or outside The Bahamas) and- |
(a) at the date
of his application, he holds corporate, full, professional, architectural
membership granted by a professional body in the field of architecture and
which in the opinion of the Board is evidence of satisfactory training in
architecture; |
(b) (i) he
has passed the prescribed examination in addition to obtaining a degree,
diploma or other academic qualification granted by a University or College,
whether within or outside The Bahamas, and which in the opinion of the Board is
evidence of satisfactory training in architecture; and |
(ii) he
has, subsequent to obtaining the degree, diploma or, other qualification,
acquired to the satisfaction of the Board practical experience in architectural
practices under the supervision of a registered architect, such practical
experience being for a period of not less than three years if the individual is
the holder of a Bachelor's degree, or not less than two years if the individual
is the holder of a Master's degree, granted by a University or College; or |
(c) (i) his
application for registration is made within two years after the date of
commencement of this Act; |
(ii) he
satisfies the Board that, for a period of not less than twenty years, he has
acquired practical experience in architectural practices; and |
(iii) he
satisfies the Board that he is a citizen of The Bahamas or a permanent resident
of The Bahamas whose permanent residence certificate permits him to engage in
gainful occupation, and that he has been engaged in architectural practices in
The Bahamas for a period of not less than six months immediately prior to the
date of commencement of this Act, |
but upon
the expiration of the period prescribed in subparagraph (i), a person shall be
qualified to be registered as an architect if he complies with the requirements
of subparagraphs (ii) and (iii). |
(3) An individual
is entitled to be registered as an architectural technician if, within three
years after the date of commencement of this Act, he makes application to the
Board for such registration and satisfies the Board that- |
(a) he has been
awarded an Architectural Technician Certificate or Diploma from a Polytechnic
Institution or College or other place of learning at which the syllabus for the
particular Architectural Technician course has been approved by the Board; |
(b) he has been
awarded a degree in Construction or Architectural Technology from an
educational institution approved by the Board; or |
(c) he was
engaged in the business of diversified architectural practice for at least five
years with at least two years of training approved by the Board in the offices
of an architect who could be registered under this Act and who notified and
provided evidence to the satisfaction of the Board of this training within one
year after the date of commencement of this Act, and that the applicant has
passed the prescribed examination within that year. |
10. (1) Every individual wishing to be registered
shall make application therefor in writing to the Board, enclosing with his
application the documents conferring or evidencing his qualifications for
registration and such other particulars as may be prescribed or as may be
required by the Board in any particular case. | Registration. |
(2) Within ninety
days after the receipt of an application under subsection (1), the Board shall
consider the application and make a determination whether or not the applicant
should be registered. |
(3) The Board
shall communicate its determination to the applicant and, in the case of a
favourable determination, direct the Registrar to register the applicant on the
payment of the prescribed fee. |
(4) An application
made under this section by an individual who is not a citizen of The Bahamas
and who is not a public officer shall not be granted without evidence of a
valid work permit issued under the provisions of the Immigration Act. |
11. (1) Any individual who is registered under section
10 as an architect and who desires to engage in architectural practice in any
year shall prior to the first day of January in that year apply to the
Registrar for a licence, and the Registrar shall on payment of the prescribed
fee issue to him a licence and every individual holding such a licence shall
display his licence in a prominent position in his place of practice. | Licence. |
(2) If any
individual who is registered as an architect applies on or after the 1st day of
January in any year to the Registrar for a licence to practice, the Registrar
shall, on payment of the fee prescribed under subsection (1) for such licence,
issue to him a licence; and the Registrar shall maintain a separate register of
licensed architects which shall be current. |
(3) Every licence
issued under this section is valid for the year in which it is issued and
expires on the 31st day of December in the year in which it was issued. |
(4) Every such
licence shall be renewed annually upon the application of the holder thereof
and the payment of the prescribed fee. |
(5) The annual
renewal licence fee is payable not later than the 31st day of January in each
year. |
(6) An individual
who is required to pay the annual licence fee under this section and who fails
to pay that fee within the time specified in subsection (5) shall, in respect
of his licence for that year pay, in addition to that fee, a sum equal thereto. |
(7) An individual
who fails to comply with subsection (5) and whose licence expires on the 31st
day of December of the immediately preceding year shall not be considered to be
unlicensed for the purposes of section 23 or 25 during the period commencing
with that date and ending on the 31st day of January of the succeeding year. |
(8) Where a
licence has been lost, destroyed or mutilated it may be replaced by the
Registrar by the issue of a copy thereof upon the application of the holder of
the licence and on the payment of the prescribed fee. |
(9) It shall be
the duty of the licensee to inform the Registrar of any changes of address. |
(10) A certified
copy of any licence made by the Registrar shall be prima facie evidence
in any court that the individual to whom the licence relates is a registered
architect; and a letter signed by the Registrar stating that an individual is
not a registered architect shall be prima facie evidence in any court of
that fact. |
12. (1) Every architect registered under section 10
shall upon payment of the prescribed fee be entitled to have a seal issued to
him by the Registrar. | Seal. |
(2) The seal shall
be of the design authorised by the Board and shall bear the name of the
registered architect, his serial number and legend for use in connection with
his architectural practice. |
(3) The seal and
signature of a registered architect shall be affixed to every document or
drawing prepared by him and the affixing thereof shall be attested to by
another person. |
(4) Where a seal
and signature purporting to be the seal and signature of a registered architect
have been affixed and attested to as aforesaid, the document or drawing to
which the seal and signature are affixed shall be deemed to have been prepared
by the registered architect to whom the seal and signature belong, or by
someone under his direction or supervision and checked by him. |
13. The Registrar shall cause to be published in the Gazette- | Publication of lists of licensed architects. |
(a) as soon as
practicable after the expiration of thirty days after the commencement of this
Act, a list containing the name and address of every individual who was a
registered architect on the thirtieth day after such commencement; and |
(b) thereafter
in each year as soon as practicable after the 1st day of January and the 1st
day of July, respectively, a list containing the name and address of every
architect registered or who ceased to be registered between the 1st day of
January and such 1st day of July, both dates being inclusive. |
14. Notwithstanding any other provision of this Act, a
partnership, an association of persons or a corporation may engage in
architectural practice in its own name if at least one of its principal and
customary functions is to practise professional architecture and the practice
is carried on under the supervision of a member of the partnership or
association or a direction of the corporation, or under the supervision of a
full-time permanent employee of the partnership, association or corporation,
who is a registered architect; but the partnership, association of persons or
corporation itself shall not be deemed to be registered or licensed to engage
in architectural practice. | Partnerships, etc. |
PART IV
DISCIPLINE |
15. For the purposes of this Act it shall be improper
conduct if an architect registered under this Act- | Improper conduct. |
(a) for the
purpose of procuring his registration makes a statement which is false in a
material particular; |
(b) is
convicted by a court in The Bahamas or elsewhere of a criminal offence which,
in the opinion of the Board, renders him unfit to be registered; |
(c) repeatedly
performs defective work to which adequate checks have not been applied; |
(d) makes any
report in connection with the performance of any architectural practice
containing any information which he knows to be erroneous in any material
particular; |
(e) certifies
the accuracy of any construction documents knowing the same to be defective; |
(f) certifies
the accuracy of any construction documents without having personally carried
out or supervised the preparation of those documents; |
(g) is otherwise
guilty of negligence or incompetence in the performance of his functions as an
architect. |
16. (1) A complaint that an individual registered
under this Act has been guilty of improper conduct may be made to the Board by
any person and shall be accompanied by such statements and affidavits as may be
required by the Board. | Complaints of improper conduct. |
(2) Where the
Board is of the opinion that any complaint so made might, if established, call
for the exercise by a disciplinary committee of any of the disciplinary powers
conferred by section 18, the Board shall appoint such a disciplinary committee
and shall refer the complaint to the committee. |
17. (1) A disciplinary committee appointed under
subsection (2) of section 16 shall consist of three members selected by the
Board from among registered architects being, as far as possible, persons of a
professional standing comparable to or senior to the individual complained against,
and one of the members shall be the Chairman of the committee. | Disciplinary committee. |
(2) In the conduct
of the hearing of any complaint the disciplinary committee shall ensure- |
(a) that
adequate notice of the proceedings is given to the individual complained
against; and |
(b) that any
party to the proceedings may, if he so requires, be heard by the committee
either in person or by a counsel and attorney. |
(3) At any such
hearing the committee may require evidence to be given on oath, and the
Chairman shall have the power to administer an oath for that purpose and to
issue summonses under his hand requiring the attendance of any person before
it, at a time and place to be specified in any such summons, to give evidence
on oath or to produce any document relevant to the subject matter of the
proceedings. |
(4) Any such
summons shall be served as if it had been issued by a magistrate, and the
attendance before the committee of any person so summoned may be enforced by a
magistrate, upon application made to him by the Chairman, as if the proceedings
before the committee were proceedings before the magistrate, under the
provisions of the Magistrates Act. |
18. (1) On the hearing of a complaint the disciplinary
committee shall take the recommendations to the Board and the Board may either
dismiss the complaint or make such order of a disciplinary nature as it thinks
fit, and any such order may in particular provide for any of the following
matters, that is to say- | Disciplinary powers of the Board. |
(a) removal of
the name from the Register; |
(b) suspension
of registration for a period not exceeding one year; |
(c) payment of
a penalty (to be forfeited to the Crown) not exceeding one thousand dollars; |
(d) payment, by
any party to the proceedings, of costs or of such sum as the Board may consider
a reasonable contribution towards the costs incurred in connection with those
proceedings. |
(2) Any payment
ordered to be made by any person under paragraph (c) or (d) of subsection (1)
may be enforced, in the case of an individual registered under this Act, by the
Board ordering his registration to be suspended until payment is made and, in
any other case, as a judgment debt owed to the Board. |
19. (1) Every order made by the Board under section 18
shall be prefaced by a statement of the findings of the disciplinary committee
on the facts of the case and shall be signed by the Chairman of the committee. | Orders of the Board. |
(2) Every such
order shall be filed with the Registrar and shall take effect- |
(a) where no
appeal under section 26 is brought against the order within the time limited
for the appeal, on the expiration of that time; |
(b) where such
an appeal is brought and is withdrawn or struck out for want of prosecution, on
the withdrawal or striking out of the appeal; |
(c) where such
an appeal is brought and is not withdrawn or struck out as aforesaid, if and
when the appeal is dismissed and not otherwise. |
(3) The Registrar
shall cause a note of the effect of every order filed with him pursuant to
subsection (2) to be entered in the Register against the name of the individual
to whom the order relates and, except in the case of an order making provision
only for costs, shall forthwith upon the taking effect of the order cause a
notice stating the effect of the order to be published in the Gazette. |
20. (1) On making an order for removal or an order for
suspension in respect of any individual the Board, if satisfied that to do so
is necessary for the protection of members of the public or would be in the
best interests of that individual, may order that his registration in the
Register shall be suspended forthwith in accordance with this section. | Power to order immediate suspension. |
(2) Where an order
under subsection (1) is made in respect of an individual, his registration
shall be suspended (that is to say, shall not have effect) from the time when
the order is made until the time when the relevant order takes effect in
accordance with subsection (2) of section 19 or an appeal against it under
section 26 is (in whatever manner) determined. |
(3) The Supreme
Court may terminate any suspension of an individual's registration which has
effect by virtue of subsection (2), and the decision of the Court on any
application under this subsection shall be final. |
(4) In this
section "order for removal" means an order under subsection (1) of
section 18 for the removal of an individual's name from the Register, and
"order for suspension" means an order under that subsection for the
suspension of an individual's registration in the Register. |
21. (1) The Registrar shall remove the name of any
registered individual from the Register- | Removal of name from Register. |
(a) upon the
application of that individual; or |
(b) upon the
taking effect of an order of the Board under subsection (1) of section 18, in
relation to that individual: |
Provided that
where a complaint has been made against any individual under subsection (1) of
section 16, his name shall not be removed under paragraph (b) of this
subsection until the complaint, or any appeal in relation thereto, has been
finally disposed of under this Act. |
(2) Where the name
of any individual has been removed from the Register or his registration has
been suspended, any licence or seal issued to him under section 11 or 12 shall
cease to have effect for as long as his name remains off the Register or, as
the case may be, suspension continues in force. |
(3) Where the name
of any individual has been removed from the Register, the Board may, in
writing, require such individual to return to the Registrar his licence and
seal and such individual shall comply with that requirement. |
(4) Any individual
who fails without reasonable excuse to return his licence and seal as required
by subsection (3) is guilty of an offence and liable on summary conviction to a
fine of five hundred dollars or to a further fine of two hundred dollars for
each day during which such offence continues. |
22. (1) The Board may at any time, upon application
being made by any individual whose name has been removed from the Register or
whose registration has been suspended, determine if it thinks fit, that such
individual's name shall be restored to the Register or, as the case may be,
that his suspension shall cease with effect from such date as the Board may
appoint, and shall forthwith give notice of any such determination to the
Registrar. | Restoration to Register. |
(2) On receipt of
notice of a determination made by the Board under subsection (1) in relation to
any individual, the Registrar shall forthwith cause the name of that individual
to be restored to the Register or, as the case may be, cause a note of the
cessation of the suspension to be entered therein, and in either such case
shall cause notice of the determination of the Board to be published in the Gazette. |
PART V
OFFENCES AND PENALTIES |
23. (1) No person shall use, or cause to be used, or
permit the use of any written words, titles, initials or any abbreviation
thereof so as to cause any person to believe that he is registered under this
Act or that he holds a licence hereunder, or that he is qualified to act as a
registered architect unless he is so registered and there is in force in
relation to him a valid licence granted in accordance with this Act. | Penalty for improper use of names titles etc. |
(2) No person
shall take or use or affix to or use in connection with any premises occupied
by him, any name, title or description (whether by initials or otherwise)
reasonably calculated to suggest that he possesses any professional status or
qualification as an architect which he in fact does not possess. |
(3) Any person who
contravenes any of the provisions of this section is guilty of an offence and
liable on summary conviction to a fine of one thousand dollars or to
imprisonment for a term of six months or to both such fine and imprisonment. |
24. Any person who- | Penalty for wrongfully procuring registration. |
(a) wilfully
makes or causes to be made any entry in the Register which is to his knowledge
false; or |
(b) wilfully
procures or attempts to procure the registration of himself or any other
individual as an architect or architectural technician, by means of any
representation or declaration, either oral or in writing, which is to his
knowledge false, |
is guilty of
an offence and liable on summary conviction to a fine of one thousand dollars
or to imprisonment for a term of six months or to both such fine and
imprisonment. |
25. Any individual who engages in any architectural
practice without first obtaining a licence is guilty of an offence and liable
on summary conviction- | Practice without licence. |
(a) to a fine
of five hundred dollars; |
(b) to a
further fine of one hundred dollars for every day or part thereof during which
the offence continues after conviction thereof; and |
(c) to have his
registration suspended by the Board for a period not exceeding three months. |
PART VI
MISCELLANEOUS PROVISIONS |
26. (1) Any individual aggrieved- | Appeal to Supreme Court. |
(a) by the
determination of the Board under subsection (3) of section 10 refusing his
application for registration as an architect or architectural technician, as
the case may be; or |
(b) by an order
made by the Board under section 18 in relation to a complaint made by or
against him, |
may appeal
on that account to the Supreme Court in accordance with rules made by the Rules
Committee under section 75 of the Supreme Court Act within
fourteen days- |
(i) in a case
falling within paragraph (a), after receipt by him of the notification provided
for by this Act; and |
(ii) in case
falling within paragraph (b), after publication in the Gazette of the
notice required by subsection (3) of section 19. |
(2) The Supreme
Court on the hearing of any such appeal may confirm, reverse or vary the
determination or order of the Board and the Board shall give effect to the
decision accordingly. |
27. Without prejudice to subsection (10) of section
11, a certificate under the hand of the Registrar as to an entry in the
Register or as to any act or proceeding of the Board shall, until the contrary
is proved, be sufficient evidence in any court of any matter so certified. | Certificate of Registrar to be evidence. |
28. In addition to the powers and duties assigned to
the Minister elsewhere in this Act, the Minister shall have the power to- | Review of Board activities. |
(a) review the
activities of the Board; and |
(b) request the
Board to undertake activities which in the opinion of the Minister are
necessary and advisable for the purpose of giving effect to the intent of this
Act. |
29. Nothing in this Act shall make the Registrar or
any member, employee, agent or appointee of the Board liable to any action or
proceeding for any act done in good faith by any such person in the performance
of a function, or in the intended exercise in good faith of a function. under
this Act. | Immunity of certain person acting under this Act. |
30. (1)
An architectural technician is entitled to make plans and specifications for or
supervise the erection, enlargement or alteration of- | Exemptions from provisions of this Act. |
(a) any type of
building (except .schools, auditoria, or other buildings intended for the mass
assemblage of people or for public use) not exceeding one storey in height or
six thousand square feet in area: |
Provided
that he was engaged as his primary business in the making of plans and
specifications for, or supervising the erection, enlargement, or alteration of
similar buildings for two years or more before the commencement of this Act and
that he has notified and provided evidence to the satisfaction of the Board that
he was so engaged on those projects one year - before the commencement of this
Act; |
(b) any
single-family residence building or any domestic, agricultural or industrial
out-building appurtenant to any single family residence not exceeding one
storey in height or six thousand square feet in area and not offered for sale;
and proof of sale of any such structure by the owner within twelve months of
the issue of the relevant Occupancy Certificate or before shall be presumptive
evidence that the construction was undertaken for the purposes of sale. |
(2) Nothing
contained in this Act shall be construed to prevent any employee of an
architect from acting in any capacity under the instruction, control, or
supervision of the architect or prevent any person from acting as a contractor
in the execution of work designed by an architect. |
(3) Any person who
is capable of making plans outlined in subsection (1) and who is not in regular
architectural practice may, with the approval of the Board, make a plan of his
own dwelling or other building as a single exercise. |
(4) Any citizen of The Bahamas or permanent resident of
The Bahamas (as defined in section 2(1) of the Immigration Act) is entitled to
make plans and specifications for or supervise the erection, enlargement or
alteration of any dwelling unit; shop or restaurant not exceeding one storey in
height or three thousand square feet in area. |
(5) Nothing in subsection (1) or (4) shall be construed
as authorising- |
(a) an
architectural technician to make plans and specifications for or to supervise
the enlargement or alteration of a building to a size beyond six thousand
square feet; or |
(b) a citizen
or permanent resident of The Bahamas to make plans and specifications for or to
supervise the enlargement or alteration of a building to a size beyond three
thousand square feet. |
31. The Minister after consultation with the Board may
make regulations- | Regulations. |
(a) prescribing
the form of and the method of keeping the Register; |
(b) prescribing
the particulars which the Register shall contain; |
(c) prescribing
the form of application, form of licence, seal and other documents required for
the purposes of this Act; |
(d) prescribing
the fees payable in respect of the examination and registration of individuals,
the issue, renewal and replacement of licences and seals and any alterations or
additions to the Register; |
(e) prescribing
the subject matter of the prescribed examination to be conducted by the Board,
the standards required of successful candidates and the conditions governing
the grant of exemptions from any of the requirements of the regulations in
relation thereto; |
(f) regulating
the proceedings of the Board and any other matter necessary for the efficient
discharge of its functions under this Act; |
(g) prescribing
additional works and processes which constitute the practice of architectural
practice; |
(h) prescribing
general standards of professional conduct for registered architects; |
(i) prescribing
penalties, not exceeding a fine of five hundred dollars for the breach of any
such regulations; |
(j) prescribing
any other matter or thing authorised or required by this Act to be prescribed. |
32. Any expenses incurred in carrying this Act into
effect shall be defrayed out of moneys provided by Parliament. | Expenses under this Act. |
33. (1) Notwithstanding any provision of this Act, an
individual who immediately before the date of the commencement of this Act was
practicing in The Bahamas as a professional architect or architectural
technician may continue to do so, without being registered- | Transitional provisions. |
(a) for the
period of six months beginning with that date; and |
(b) if before
the expiration of that period he applies for registration under this Act, until
he is registered or until such application is finally refused or is withdrawn. |
(2)
Notwithstanding any provision of this Act, the first Professional Architects
Board shall consist of six individuals who are eligible to be registered as
architects and who shall be appointed by the Minister acting in his discretion. |
(3)
A member of the Board appointed under subsection (2) of this section shall hold
office until the 31st day of December, 1995 but shall be eligible thereafter
for membership of the Board. |
(4)
The provisions of this Act shall apply mutatis mutandis to a Board
constituted under subsection (2) of this section, and to any member of the
Board as if he were a member appointed under section 3(2)(b) of this Act, save
that the Minister shall not be required to consult any association of
architects when acting in pursuance of section 4(3) of this Act. |
34. Save as otherwise provided in this Act, nothing in
this Act shall extend or be construed to extend or prejudice or in any way
affect the practice by any person of any profession or occupation under and in
accordance with any written law authorising such practice. | Saving. |