§59-46.21bv2. Architects required for certain buildings - Code Use
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Groups - Exempted buildings.
A. An architect shall be required to plan, design, and prepare plans and specifications for the following Code Use Groups except where specifically exempt from the provisions of the State Architectural and Licensed Interior Designers Act. All Code Use
Groups in this section are defined by the current 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 Licensed 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;
6. Code Use Group H – High hazard; and
7. Buildings for which the designated Code Use Group changes are not exempt from the State Architectural and Licensed Interior Designers Act.
C. The following shall be exempt from the provisions of the State Architectural and Licensed 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;
2. The construction, addition, or alteration of a building no more than two stories in height and no more than sixty-four transient lodging units per building for the Code Use Group R1 - Residential, including, but not limited to, hotels and motels;
3. The construction, addition, or alteration of a building no more than two stories in height and with a gross square footage not exceeding one hundred thousand (100,000) in the Code Use Group B - Business;
4. The construction, addition, or alteration of a building no more than two stories in height and with a gross square footage not exceeding two hundred thousand (200,000) in the Code Use Group M - Mercantile; and
5. The construction, addition, or alteration of a building no more than two stories in height in the following Code Use Groups or buildings:
a. Code Use Group U - Utility,
b. Code Use Group F - Factory and Industrial,
c. Code Use Group S - Storage,
d. Code Use Group R2 - Residential, including apartments
containing no more than thirty-two dwelling units or
thirty-two guest units per building,
e. Code Use Groups R3 and R4 - Residential,
f.
all buildings used by a municipality, county, state,
public trust, public agency, or the federal government
with a construction value under Three Hundred Thousand
Dollars ($300,000.00),
g. incidental buildings or appurtenances associated with
paragraphs 1 through 5 of this subsection, and
h. all uninhabitable, privately owned agricultural
buildings.
D. The addition, renovation, or alteration of buildings where the use was exempt as new construction shall remain exempt if the Code Use Group does not change.
E. Upgrades, repairs, replacements, and changes made on projects in Code Use Groups found in this title requiring an architect are exempt from hiring an architect if the upgrades, repairs, replacements, or changes do not affect the existing primary structural, mechanical, or electrical systems, life safety systems, fire codes, or exit passageways or egress as determined by the applicable building official having jurisdiction.
F. Nonstructural interior construction projects in Code Use Groups requiring an architect are exempt from hiring an architect if the services are performed by a licensed interior designer. Added by Laws 2006, c. 163, § 17, eff. July 1, 2006. Amended by Laws 2006, c. 193, § 6, eff. July 1, 2006; Laws 2007, c. 50, § 1, emerg. eff. April 24, 2007; Laws 2009, c. 184, § 15, eff. July 1, 2009; Laws 2014, c. 234, § 13, eff. July 1, 2014; Laws 2021, c. 443, § 14, eff. July 1, 2021; Laws 2024, c. 138, § 16; Laws 2025, c. 208, § 1, eff. Nov. 1, 2025.