No. 30620 (Amendment): R156-3a. Architect Licensing Act Rule

DAR File No.: 30620
Filed: 10/25/2007, 10:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division and the Architects Licensing Board have reviewed the rule and determined some changes need to be made.

Summary of the rule or change:

In Section R156-3a-102, definition of "Divisions of the ARE" is an outdated definition of the architectural registration examination sections and is being deleted. The definition is no longer relevant to current applicants for licensure. Remaining subsections have been renumbered. In Section R156-3a-201, changes are proposed in the makeup of the IDP (Individual Development Program) Committee. The Committee is responsible to coordinate the training requirements for applicants for licensure with the requirements of the National Council of Architectural Registration Boards (NCARB). In the past, all of the committee membership positions have not been needed or filled. In Subsection R156-3a-301(2)(c), additions set forth what can be considered equivalent education for a former licensee who has allowed their license to lapse for more than two years. Without this proposed amendment, a former licensee would be required to obtain an architectural degree if they were originally licensed at a time when an architectural degree was not required, even if the former licensee has since original licensure had significant and successful licensed experience and expertise and may have much more knowledge about successful practice than a newly graduated applicant for licensure. This proposed amendments provides the board and division may consider the applicant's total knowledge based upon both formal education and licensed experience in this limited situation. In Subsection R156-3a-303(1), amendments are made to restate poorly worded subsections. Subsection R156-3a-303(2) is added to allow applicants to take the Architectural Registration Examination (ARE) examination at any time after they graduate with an architectural degree. NCARB recently made a change to model law and their procedures which allows a state to determine when an applicant may sit for the ARE examination. Prior to this change, applicants were required to complete both the education and the IDP experience program before being allowed to sit for the examination. The proposed change will allow applicants to sit for the exam before completion of the IDP program and therefore become licensed immediately after completion of the IDP program. Under the existing procedure, an applicant would be delayed a minimum of several months after completion of the IDP before they could take and pass the examination and then become licensed. In Subsection R156-3a-304(9), changed "these rules" to "this rule". In Section R156-3a-502, updated the NCARB "Rules of Conduct" to the July 2007 edition.

State statutory or constitutional authorization for this rule:

Section 58-3a-101 and 58-3a-303.5 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Updates the NCARB "Rules of Conduct" from the August 2002 edition to the July 2007 edition

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs of approximately $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget.

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed rule amendments only apply to licensed architects and applicants for licensure in that license classification.

small businesses and persons other than businesses:

Proposed rule amendments only apply to licensed architects and applicants for licensure in that license classification. The proposed amendments in Subsections R156-3a-102(4), R156-3a-201(1), R156-3a-303(1), and R156-3a-502(4) will have no financial impact on any party other than a cost to the division to republish the rule. The proposed amendment in Subsection R156-3a-301(2)(c) will save a very limited number of applicants the cost of returning to college and obtaining a degree if they have sufficient equivalent knowledge. The savings of costs to obtain that education for fees, books, and time to complete the education could be substantial to affected applicants. The division is unable to determine how many applicants this proposed amendment would apply to as it would depend on if a licensee had allowed the license to expire and the license was not reinstated within a two-year period. The proposed amendment in Subsection R156-3a-303(2) allowing applicants to take the ARE examination much sooner will not directly affect their cost of licensure. However, since these persons would potentially become licensed much sooner, they could potentially increase their personal income.

Compliance costs for affected persons:

The proposed rule amendments only apply to licensed architects and applicants for licensure in that license classification. The proposed amendments in Subsections R156-3a-102(4), R156-3a-201(1), R156-3a-303(1), and R156-3a-502(4) will have no financial impact on any party other than a cost to the division to republish the rule. The proposed amendment in Subsection R156-3a-301(2)(c) will save a very limited number of applicants the cost of returning to college and obtaining a degree if they have sufficient equivalent knowledge. The savings of costs to obtain that education for fees, books, and time to complete the education could be substantial to affected applicants. The proposed amendment in Subsection R156-3a-303(2) allowing applicants to take the ARE examination much sooner will not directly affect their cost of licensure. However, since these persons would potentially become licensed much sooner, they could potentially increase their personal income.

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

This proposed rule change contains various amendments regarding qualifications for licensure as well as some technical amendments. The substantive provisions will likely result in cost savings to applicants and to the architectural industry. 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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Dan S. Jones at the above address, by phone at 801-530-6720, 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:

12/17/2007

Interested persons may attend a public hearing regarding this rule:

12/14/2007 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

12/24/2007

Authorized by:

F. David Stanley, 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) ["Divisions of the ARE" mean:

(a) pre-design (PD): satisfied by passing Division A between 1983 and 1996;

(b) site planning (SP): satisfied by passing both Division B- Written and Division B-Graphic between 1988 and 1996; or by passing Division B between 1983 and 1987;

(c) building planning (BP): satisfied by passing Division C between 1983 and 1996;

(d) building technology (BT): satisfied by passing Division C between 1983 and 1996;

(e) general structures (GS): satisfied by passing Division D/F between 1988 and 1996; or by passing both Division D and Division F between 1983 and 1987;

(f) lateral forces (LF): satisfied by passing Division E between 1983 and 1996;

(g) mechanical and electrical systems (ME): satisfied by passing Division G between 1983 and 1996;

(h) materials and methods (MM): satisfied by passing Division H between 1983 and 1996; and

(i) construction documents and services (CD): satisfied by passing Division I between 1983 and 1996.

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

([6]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.

([7]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 in an area where the licensee has demonstrated competence by adequate education, training and experience;

(c) arises from and is directly related to work performed in the licensed profession;

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

(e) 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).

([8]7) "Intern Development Program" or "IDP" as used in Subsection R156-3a-302(2) means a NCARB approved training program.

([9]8) "NAAB" means the National Architectural Accrediting Board.

([10]9) "NCARB" means the National Council of Architectural Registration Boards.

([11]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.

([12]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.

([13]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.

([14]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.

([15]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-201. Advisory Peer Committee Created - Membership - Duties.

(1) There is created in accordance with Subsection 58-1-203(1)(f), the IDP Committee as an advisory peer committee to the Architect Licensing Board consisting of [five]one or more members as follows:

(a) [one]a State IDP Coordinator;

(b) [one]an Education Coordinator; or

(c) [two]an Intern IDP Coordinator[s; and

(d) one member of the Utah Architects Licensing Board].

(2) The committee shall be appointed and serve in accordance with Section R156-1-205.

(3) The duties and responsibilities of the committee shall include assisting the board in its duties, functions, and responsibilities defined in Subsection 58-1-202(1)(e) as follows:

(a) promote an awareness of IDP by holding meetings and seminars on IDP;

(b) establish a network of sponsors and advisors for IDP interns;

(c) encourage firms to support IDP;

(d) act as a resource to respond to questions on IDP received from advisors, sponsors, and interns; and

(e) report to the board as directed.

 

R156-3a-301. Qualifications for Licensure - Architecture Program Criteria.

In accordance with Subsection 58-3a-302(1)(d), the architecture program criteria are established as follows.

(1) The architecture program shall be accredited by either the National Architectural Accrediting Board (NAAB), or the Canadian Architectural Certification Board (CACB), or an architectural program equivalent to a NAAB accredited program.

(2) Equivalency shall be documented by submitting one of the following:

(a) if educated in a foreign country, a comprehensive report prepared by EESA stating that the applicant has successfully completed an educational program that is equivalent to the NAAB accredited educational program; or

(b) a current NCARB Council Record;

(c)(i) if an applicant was previously licensed and practicing in Utah under a license that was granted under prior statute or rule but allowed the license to lapse for more than two years, the applicant may reinstate the license by demonstrating that their combined education, supervised experience and licensed practice demonstrate that the applicant's training is equivalent to an NAAB accredited educational program;

(ii) if the combined education and experience is not demonstrated to be equivalent, the Division, in collaboration with the Board, may:

(A) determine whether continuing education can bring the combined education and experience up to equivalency, and if so, specify the type of continuing education required; or

(B) determine that the applicant shall be required to obtain the actual degree under Subsection (1).

 

R156-3a-303. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsections 58-3a-302(1)(f) and 58-3a-302(2)(e), an applicant for licensure as an architect (whether by education and experience or by endorsement) shall [either ]submit documentation establishing:

(a) a score of 100% on the open book take home Utah Law and Rule Examination; and

(b)(i) [of ]a current NCARB Council Record; or

(ii) passing scores on all divisions of the ARE as established by the NCARB[ pass the following examinations:

(a) as part of the application for licensure, pass all questions on the open book, take home Utah Law and Rule Examination; and

(b) all divisions of the ARE as defined in Subsection R156-3a-102(4) with a passing score as established by NCARB.

(2) In accordance with Subsection 58-3a-302(2)(e), an applicant for licensure by endorsement shall either submit documentation of a current NCARB Council Record or pass the following examinations:

(a) as part of the application for licensure, pass all questions on the open book, take home Utah Law and Rule Examination; and

(b) all divisions of the ARE as defined in Subsection R156-3a-102(4) with a passing score as established by NCARB].

(2) An applicant for licensure may apply directly to NCARB to sit for any part of the ARE examination anytime after having completed the education requirements specified in Section R156-3a-301.

 

R156-3a-304. Continuing Professional Education for Architects.

In accordance with Section 58-3a-303.5, the qualifying continuing professional education standards for architects are established as follows:

(1) During each two year period ending on December 31 of each odd numbered year, a licensed architect shall be required to complete not less than 16 hours of qualified professional education directly related to the licensee's professional practice.

(a) Transition requirement. During the two year period ending on December 31, 2007, an architect shall be required to complete five hours of qualifying continuing professional education.

(2) The required number of hours of professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Qualified continuing professional education under this section shall:

(a) have an identifiable, clear statement of purpose and defined objective for the educational program directly related to the practice of an architect and directly related to topics involving the public health, safety, and welfare of architectural practice and the ethical standards of architectural practice;

(i) health, safety, welfare and ethical standards as used in this subsection are defined to include the following:

(A) The definition of "health" shall include, but not be limited to, aspects of architecture that have salutary effects among users of buildings or sites and that address environmental issues. Examples include all aspects of air quality, provisions of personal hygiene, and use of non-toxic materials and finishes.

(B) The definition of "safety" shall include, but not be limited to, aspects of architecture intended to limit or prevent accidental injury or death among users of buildings or construction sites. Examples include fire-rated egress enclosures, automatic sprinkler systems, stairs with correct rise-to-run proportions, and accommodations for users with disabilities.

(C) The definition of "welfare" shall include, but not be limited to, aspects of architecture that consist of values that may be spiritual, physical, aesthetic and monetary in nature. Examples include spaces that afford natural light or views of nature or whose proportions, color or materials engender positive emotional responses from its users.

(D) The definition of "ethical standards of architectural practice" shall include, but not be limited to the NCARB rules of conduct specified in Subsection R156-3a-502(4).

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.

(4) Credit for qualified continuing professional education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of eight hours per two year period may be recognized for teaching in a college or university or for teaching qualified continuing professional education courses in the field of architecture, provided it is the first time the material has been taught during the preceding 12 months;

(c) a maximum of three hours per two year period may be recognized for preparation of papers, articles, or books directly related to the practice of architecture and submitted for publication; and

(d) unlimited hours may be recognized for continuing professional education that is provided via the Internet or through home study courses provided the course verifies registration and participation in the course by means of a test which demonstrates that the participant has learned the material presented.

(5) A licensee shall be responsible for maintaining records of completed qualified continuing professional education for a period of four years after the two year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to qualified continuing professional education to demonstrate it meets the requirements under this section.

(6) If a licensee exceeds the 16 hours of qualified continuing professional education during the two year period, the licensee may carry forward a maximum of 8 hours of qualified continuing professional education into the next two year period.

(7) A licensee who is unable to complete the continuing professional education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing professional education is not available, may be excused from the requirement for a period of up to three years as provided in Section R156-1-308d.

(8) Any licensee who fails to timely complete the continuing professional education hours required by this rule shall be required to complete double the number of hours missed to be eligible for renewal or reinstatement of licensure.

(9) Any applicant for reinstatement shall be required to complete 16 hours of continuing professional education complying with th[ese]is rule[s] within two years prior to the date of application for reinstatement of licensure.

 

R156-3a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) submitting an incomplete final plan, specification, report, or set of construction plans to:

(a) a client, when the licensee represents, or could reasonably expect the client to consider, the plan, specification, report, or set of construction plans to be complete and final; or

(b) a building official for the purpose of obtaining a building permit;

(2) failing as a principal to exercise reasonable charge;

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter; or

(4) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the [August 2002]July 2007 edition of the NCARB "Rules of Conduct", which is hereby incorporated by reference.

 

KEY: architects, licensing

Date of Enactment or Last Substantive Amendment: [August 23, 2007]2008

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