No. 34072 (Amendment): Rule R156-3a. Architect Licensing Act Rule

(Amendment)

DAR File No.: 34072
Filed: 09/13/2010 06:05:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Architects Licensing Board reviewed the rule and determined a few changes need to be made.

Summary of the rule or change:

In Subsections R156-3a-102(6)(d) and (f), updated the referenced International Building Code from the 2006 edition to the 2009 edition. In Section R156-3a-103, capitalized the term "division". Added Section R156-3a-306 which allows a licensed architect to place his license on an inactive status. Section R156-3a-501 is renumbered to Section R156-3a-503 and administrative penalties/fine schedule was changed to a table format.

State statutory or constitutional authorization for this rule:

• Section 58-3a-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-3a-303.5

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. There may be an unknown increase in the number of licensed architects who place their license on an inactive status, but the numbers are expected to be unsubstantial. However, with a $50 inactivation fee and a $50 reinstatement fee, some additional state revenue should be generated.

local governments:

The proposed amendments only apply to licensed architects and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed architects and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed architects and applicants for licensure in that classification. If a licensed architect voluntarily desires to place their license on inactive status, there will be a $50 inactivation fee and a $50 reinstatement fee. However, the Division is unable to determine how many licensed architects will want to place their license on an inactive status. It should also be noted that licensed architects who place their license in an inactive status will not be required, except for the two years prior to reinstating their license, to complete continuing education requirements. This could result in an unknown financial benefit to those who are licensed as an architect in multiple states. The potential savings, for each two-year renewal period, could be up to approximately $1,200 per licensee.

Compliance costs for affected persons:

The proposed amendments only apply to licensed architects and applicants for licensure in that classification. If a licensed architect voluntarily desires to place their license on inactive status, there will be a $50 inactivation fee and a $50 reinstatement fee. Licensed architects who place their license in an inactive status will not be required, except for the two years prior to reinstating their license, to complete continuing education requirements. This could result in an unknown financial benefit to those who are licensed as an architect in multiple states. The potential savings, for each two-year renewal period, could be up to approximately $1,200 per licensee.

Comments by the department head on the fiscal impact the rule may have on businesses:

This proposed rule allows architects to place their license on inactive status. It will result in a cost savings to licensees who are licensed in multiple states in that they won't be required to take continuing education courses except for the two years prior to reactivation. The filing also updates a reference and renumbers and simplifies another section. No other fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]
• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2010

Interested persons may attend a public hearing regarding this rule:

• 10/20/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

11/08/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-3a. Architect Licensing Act Rule.

R156-3a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 3a, as used in Title 58, Chapters 1, 3a, and 22 or this rule:

(1) "ARE" means the NCARB Architectural Registration Examination.

(2) "Committee" means the IDP Committee created in Section R156-3a-201.

(3) "Complete and final" as used in Subsection 58-3a-603(1) means "complete construction plans" as defined in Subsection 58-3a-102(4).

(4) "EESA" means the Education Evaluation Services for Architects.

(5) "Employee, subordinate, associate, or drafter of an architect" as used in Subsections 58-3a-102(8), 58-3a-603(1)(b) and this rule means one or more individuals not licensed as an architect who are working for, with, or providing architectural services directly to the licensed architect under the supervision of the licensed architect.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering" as used in Subsection 58-22-102(9) and "engineering work as is incidental to the practice of architecture" as used in Subsection 58-3a-102(6) which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsection 58-3a-603(1) or Subsection 58-22-603(1);

(d) is work that affects not greater than 49 occupants as determined in Section 1004 of the [2006]2009 International Building Code;

(e) is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy category of III or IV as defined in Section 1604.5 of the [2006]2009 International Building Code.

(7) "Intern Development Program" or "IDP" as used in Subsection R156-3a-302(2) means a NCARB approved training program.

(8) "NAAB" means the National Architectural Accrediting Board.

(9) "NCARB" means the National Council of Architectural Registration Boards.

(10) "Program of diversified practical experience" as used in Subsection 58-3a-302(1)(e) means:

(a) current licensure in a recognized jurisdiction; or

(b) the training standards and requirements set forth in the Intern Development Program.

(11) "Recognized jurisdiction" as used in Subsections 58-3a-302(2)(d)(i) and (iii), for licensure by endorsement, means any state, district, territory of the United States, or any foreign country who issues licenses for architects, and whose licensure requirements include:

(a) a bachelors or post graduate degree in architecture or equivalent education as set forth in Subsection R156-3a-301(2);

(b) a program of diversified practical experience as set forth in Subsection R156-3a-102(10), or an equivalent training program; and

(c) passing the ARE or passing a professional architecture examination that is equivalent to the ARE.

(12) "Responsible charge" as used in Subsections 58-3a-102(7), 58-3a-302(2)(d)(iv) and 58-3a-304(6) means direct control and management by a principal over the practice of architecture by an organization.

(13) "Under the direction of the architect" as used in Subsection 58-3a-102(8), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of an architect" means that the unlicensed employee, subordinate, associate, or drafter of the architect engages in the practice of architecture only on work initiated by the architect, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of the architect.

(14) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 3a, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-3a-502.

 

R156-3a-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 3a.

 

R156-3a-306. Inactive Status.

(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the licensee shall not engage in the practice of architecture while the license is on inactive status except to identify the individual as an inactive licensee.

(2) A license, prior to being placed on inactive status, shall be active and in good standing.

(3) Inactive status licensees are not required to fulfill the continuing education requirement.

(4) In addition to the requirements in Subsection R156-1-305(6) to reactivate an inactive license, a licensee shall provide documentation that the licensee, within two years of the license being reactivated, completed 16 hours of continuing education.

(5) Prior to a license being reactivated, a licensee shall meet the requirements for license renewal.

 

R156-3a-50[ 1 ] 3 . Administrative Penalties[ - Unlawful Conduct ].

(1) In accordance with Subsection[s 58-1-501, 58-1-501(1)(a) through (d), and] 58-3a-50[1]2, [unless otherwise ordered by the presiding officer, ]the following fine schedule shall apply to citations issued to individuals licensed under Title 58, Chapters 1 and 3a:[.

(1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

First Offense: $800

Second Offense: $1,600

(2) Engaging in, or representing oneself as engaged in the practice of architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

First Offense: $800

Second Offense: $1,600

(3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

First Offense: $1,000

Second Offense: $2,000

(4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

First Offense: $1,000

Second Offense: $2,000

(5) Knowingly permits any person to use his license except as permitted by law.

First Offense: $1,000

Second Offense: $2,000]

 

TABLE

FINE SCHEDULE

  Violation              First Offense            Second Offense

  58-1-501(1)(a)         $  800.00                 $1,600.00

  58-1-501(1)(b)         $1,000.00                 $2,000.00

  58-1-501(1)(c)         $1,000.00                 $2,000.00

  58-1-501(1)(d)         $1,000.00                 $2,000.00

  58-3a-501(1)           $  800.00                 $1,600.00

  58-3a-501(2)           $  800.00                 $1,600.00

 

([6]2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-3a-502(1)(i)[(iii)].

([7]3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

([8]4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

([9]5) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

 

KEY: architects, licensing

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2010

Notice of Continuation: April 10, 2006

Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-1-106(1)(a); 58-1-202(1)(a), 58-3a-303.5

 

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