Montana Code Annotated 2021



Part 1. General


37-65-103. Exemptions. (1) This chapter does not prevent drafters, students, clerks of work, superintendents, and other employees of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control, or supervision of their employers or to prevent the employment of superintendents of the construction, enlargement, or structural alteration of buildings or any appurtenance to buildings.

(2) This chapter may not be construed to:

(a) apply to alterations to any building that do not involve changes affecting the structural safety of a building or the public health;

(b) prevent the preparation of details and shop drawings by persons other than architects for use in connection with the execution of their work; or

(c) prevent the preparation of drawings or details for fixtures, cabinetwork, furniture, or other interior appliances or equipment or for any work necessary to provide for installation unless the drawings or installation involves public health or safety.

(3) The acts enumerated in subsections (1) and (2) may not be interpreted or construed as the practice of architecture.

(4) This chapter may not be construed to affect or prevent the following, provided that words, letters, figures, or other device may not be used in a manner that tends to convey the impression that the person rendering the service is an architect registered under this chapter:

(a) consultants, officers, and employees of the United States while engaged solely in the practice of architecture for the United States;

(b) professional engineers from performing architectural services that are purely incidental to their engineering practice;

(c) any person from planning, designing, altering, repairing, supervising, or engaging in residential construction consisting of less than eight living units regardless of size or cost or farm buildings that are not intended for use or used as a public building;

(d) the planning, design, alteration, construction, repair, or supervision of construction of a building by its owner if the building is not intended for use or used as a public building.

History: En. Sec. 7, Ch. 158, L. 1917; re-en. Sec. 3235, R.C.M. 1921; re-en. Sec. 3235, R.C.M. 1935; amd. Sec. 2, Ch. 149, L. 1957; amd. Sec. 3, Ch. 439, L. 1973; amd. Sec. 4, Ch. 544, L. 1977; R.C.M. 1947, 66-107(b), (c); amd. Sec. 1443, Ch. 56, L. 2009.