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CONSULTING ENGINEERS COUNCIL PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (12/09/88)

decided: December 9, 1988.

CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA, L. ROBERT KIMBALL T/D/B/A L. ROBERT KIMBALL AND ASSOCIATES, AND SANDERS AND THOMAS, INC., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE ARCHITECTS LICENSURE BOARD AND GEORGE L. SHEVLIN, COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, RESPONDENTS



Original Jurisdiction Appeal in the case of Consulting Engineers Council of Pennsylvania, L. Robert Kimball t/d/b/a L. Robert Kimball and Associates, and Sanders and Thomas, Inc. v. Commonwealth of Pennsylvania, State Architects Licensure Board and George L. Shevlin, Commissioner of Professional and Occupational Affairs.

COUNSEL

Victor P. Stabile, Dilworth, Paxson, Kalish & Kauffman, for petitioners.

Mary B. Seiverling, Deputy Attorney General, with her, John G. Knorr, III, Chief Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Kathryn Speaker MacNett, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., for Amicus Curiae, Pennsylvania Society of Architects.

Robert J. Shusterman, for Amicus Curiae, Elizabeth Lawson, AIA, et al.

Judges Doyle and Smith, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 121 Pa. Commw. Page 596]

Before the Court are cross-motions for summary judgment in a declaratory action addressed to the original jurisdiction of this Court pursuant to Section 761(a) of the Judicial Code, 42 Pa. C.S. § 761(a). The Petitioners in this action are (a) the Consulting Engineers Council of Pennsylvania, a trade association representing approximately 120 consulting engineering firms in Pennsylvania, (b) L. Robert Kimball, t/d/b/a L. Robert Kimball and Associates, a consulting engineering firm which provides architectural and design services, and

[ 121 Pa. Commw. Page 597]

(c) Sanders and Thomas, Inc., an architectural and engineering design corporation (collectively Petitioners).

Respondents are the State Architects Licensure Board (Board) and George L. Shevlin, Commissioner of Professional and Occupational Affairs (collectively Respondents).*fn1 Petitioners seek an opinion permanently enjoining and declaring the Board's regulation at 49 Pa. Code § 9.165 invalid as being in conflict with Section 13(j) of the Architects Licensure Law (Law), Act of December 14, 1982, P.L. 1227, 63 P.S. § 34.13(j). We deny Petitioners' motion and grant Respondents' motion for summary judgment upholding the regulation.

The Architects Licensure Law sets forth the general statutory scheme for the licensing, practice and professional conduct of architects in Pennsylvania. Section 2 of the Law, 63 P.S. § 34.2, provides that "no person shall engage in the practice of architecture in this Commonwealth except in compliance with the requirements of this act." Section 6 of the Law, 63 P.S. § 34.6, grants the Board the power to establish regulations to carry out the provisions of the Law. Section 13 of the Law, 63 P.S. § 34.13, regulates the practice of architecture by firms which, according to Section 13(a), may be structured as a sole proprietorship, partnership, professional association, professional corporation, or business corporation.

Sections 13(b) through (f) of the Law require that in any firm practice a minimum of two-thirds of the partners or board of directors must be licensed in any state to practice architecture, engineering or landscape ...


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