BOARD OF EXAMINATION AND REGISTRATION OF ARCHITECTS

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1 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF BUSINESS REGULATION DIVISION OF DESIGN PROFESSIONALS BOARD OF EXAMINATION AND REGISTRATION OF ARCHITECTS Notice of Proposed Amendments to Rules and Regulations Notice of Public Hearing In accordance with Rhode Island General Laws 5-1-5, , and , notice is hereby given that the Director of the Department of Business Regulation (the Department ) proposes to amend the following permanent Regulation: BOARD OF EXAMINATION AND REGISTRATION RULES AND REGULATIONS The Board of Examination and Registration of Architects (the Board ) has under consideration proposed revised Rules and Regulations. These proposed regulations are promulgated in accordance with Chapter 5-1 of the General Laws of Rhode Island, as amended, and are established for the purpose of describing the practices and procedures of the Board. It is the function of the Board to regulate the practice of architecture within the State of Rhode Island as defined by Chapter 5-1 of the General Laws entitled Architects. These new regulations shall repeal and supersede all previous regulations relating to administrative rules of practice and procedure for the Board that have been adopted and promulgated with the Secretary of State. Procedural Rules of the Board were originally enacted in 1978 and were last amended in June Notice is hereby given in accordance with the provisions of Chapter of the General Laws of Rhode Island, as amended, that a public hearing on the above proposed rules and regulations shall be held on June 8, 2009 at 2:30 PM at the Department of Business Regulation, 1511 Pontiac Avenue, Building 69, Cranston, Rhode Island, 02920, at which time and place all persons interested will be heard. Copies of the Proposed Amendments to the Regulation are on file at the Department and copies may be obtained from the Board at the Department of Business Regulation, 1511 Pontiac Avenue, Bldg 68-2, Cranston, Rhode Island 02920, during normal working hours on regular business days, by sending an to: dawneb@mail.state.ri.us, or by mail upon request. The Proposed Amendments to the Regulation may also be obtained from the Board s website In the development of the proposed rules and regulations, consideration was given to the following: (1) alternative approaches; (2) overlap or duplication with other statutory and regulatory provisions; and (3) significant economic impact on small business, as defined in Chapter of the General Laws of Rhode Island, as amended, which may result from these regulations. No alternative approach or duplication or overlap was identified based upon available information. 1

2 All interested persons may submit their view, data or arguments regarding the Proposed Amendments to the Regulation, including information relating to alternative approaches, duplication or overlap with other state rules or regulations and the economic impact of the Regulation or small business and/or cities and towns, orally at public hearing or in writing, either by delivering the same in person or United States mail with postage pre-paid thereon to the Department of Business Regulation, 1511 Pontiac Avenue, Bldg 68-2, Cranston, RI 02920, to Richard W. Berstein, Esq., Hearing Officer. ALL WRITTEN SUBMISSION MUST BE RECEIVED NO LATER THAN JUNE 8, 2009 AT 2:30 P.M. The hearing room is accessible to the handicapped. Individuals requesting interpreter services for the hearing impaired must notify the Office of Legal Counsel at (401) or TTY 711 not less than ninety-six (96) hours in advance of the hearing date. A. Michael Marques Director Department of Business Regulation 2

3 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF BUSINESS REGULATION DIVISION OF DESIGN PROFESSIONALS BOARD OF EXAMINATION AND REGISTRATION OF ARCHITECTS SUMMARY OF NON-TECHNICAL AMENDMENTS FOR RULES AND REGULATIONS Other than editing changes, the following explanations are provided for changes made, if any, to each section of the Regulation: Introduction: Changes were made to indicate that the Board of Examination and Registration of Architects (the Board ) is now part of a Division within the Department of Business Regulation (DBR) named the Division of Design Professionals. Rule 1. Section 1.2 and 1.4 was amended to add the section of law to indicate the Board is now part of a Division within the DBR. Rule 2. Section 2.1 was amended to add the section of law to indicate the Board is now part of Division within the DBR. Section 2.9 was amended to reflect the most recent addition of the National Council of Architectural Registration Boards (NCARB) Model Regulations. Section 2.15 added the Division of Design Professionals. Rule 3. Section 3.1 was amended to reflect the change of the Board entering into the NCARB Direct Registration Program and will no longer be giving eligibility to candidates to sit for the NCARB Architectural Registration Examination (ARE). Section 3.7 was added to allow a new registrant s registration to be effective for twenty-seven (27) months as opposed to twentyfour (24) months, after the renewal applications have been mailed. Rule 4. Section was amended to delete the requirement that all applicants satisfactorily complete the Intern Architect Development Program (IDP) in accordance with NCARB criteria, and added the requirement that all applicants comply with such requirements for taking the ARE as shall be established by NCARB. Rule 5. No change. Rule 6. Rule 6 was deleted since it allowed a non-resident architect to offer services for a specific future project upon meeting certain criteria which was in conflict with Rhode Island General Laws 5-1-7, and added a section 6.1 to reflect that requirement. Rule 7. Rule 8. No change. Section 8.5 was amended for technical additions. 3

4 Rule 9. Section 9.4 was amended to change the office of the Board from the previous office to the Division of Design Professionals within the DBR. Section was amended to reflect a fee change by increasing the individual architect s registration biennial renewal fee from $100 to $150, and Section was amended for the same reason. Rule 10. Moved this Section to Section 11. A new Section 10 was added to define Disciplinary Guidelines for the Board to utilize. The actions and information required by this Regulation are hereby declared to be necessary and appropriate to the public interest. A. Michael Marques Director Department of Business Regulation Filed Date: June, 2009 SOS Ref. No. 4

5 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF BUSINESS REGULATION BOARDS FOR DIVISION OF DESIGN PROFESSIONALS RULES AND REGULATIONS FOR THE BOARD OF EXAMINATION AND REGISTRATION OF ARCHITECTS Proposed Promulgated Pursuant to Rhode Island General Laws Chapter April 23, 2009 (Proposed)

6 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATATIONS BOARDS FOR DESIGN PROFESSIONALS INTRODUCTION These Rules and Regulations are promulgated under the authority of Chapter 5-1 of the General Laws of Rhode Island, as amended, and Chapter 73, Article 3 Substitute A as Amended, Section 13(a), of the 2007 Public Laws as adopted by the Legislature. and further amended by Chapter 100, Article 9 Substitute A as Amended, Section 13(a), of the 2008 Public Laws as adopted by the Legislature. They are established for the purpose of describing the practices and procedures of the Board of Examination and Registration of Architects, which is one component of the a ddivision of the Boards for Design Professionals within the Department of Business Regulation (DBR). It is the function of the Board of Examination and Registration of Architects to regulate the practice of architecture within the State of Rhode Island as defined by the General Laws. These Rules and Regulations shall supersede any and all previous Rules of the Board of Examination and Registration of Architects that have been adopted by the Board of Examination and Registration of Architects and have been filed with the Secretary of State. Through these rules, the Board of Examination and Registration of Architects (the Board ) has sole jurisdiction over the licensing and regulation of the practice of Architecture, as defined in Chapter 5-1 of the General Laws of the State of Rhode Island. Appeal to their decisions are defined in Chapter 5-1. Neither the Division of Design Professionals nor tthe Department of Business Regulation may not change, modify, suspend or void the decision of the Board of Examination and Registration of Architects. The purpose of the Division of Design Professionals (the Division ) is to combine the four (4) boards into a single Administrative Division to provide for more efficient operation. The Division, comprised of members from four Boards, will meet to accept receive the approved minutes of the individual Boards and to act on administrative matters affecting the four Boards, such as facilities, operating budget, and staffing. The Division shall not encroach change on the individual Boards statutory authority pursuant to Section of the General Laws of Rhode Island. Pursuant to the provisions of Section (c) of the General Laws of Rhode Island, as amended, consideration was given to: (1) alternative approaches to the regulations; and (2) duplication or overlap with other state regulations. No alternative approach, overlap or duplication nor any significant economic impact was identified. Consequently these Rules and Regulations are adopted in the best interest of the health, safety and welfare of the public. The Rules and Regulations were adopted by the Board of Examination and Registration of Architects on this day of A. Michael Marques Dana M. Newbrook NCARB, AIA, Chair Director Board of Examination and Department of Business Regulation Registration of Architects 6

7 BOARD OF EXAMINATION AND REGISTRATION OF ARCHITECTS RULES AND REGULATIONS OF THE BOARD TABLE OF CONTENTS Rule 1. PURPOSE, AUTHORITY, AND APPLICABILITY 1.1 PURPOSE AUTHORITY CONSTRUCTION REFERENCES TO THE RHODE ISLAND GENERAL LAWS...4 Rule 2. DEFINITIONS - DEFINITION OF TERMS Rule 3. APPLICATIONS 3.1 EXAMINATIONS RECIPROCITY CERTIFICATE OF AUTHORIZATION (COA) ARCHITECT EMERITUS STATUS APPLICANTS TO DISCLOSE DISCIPLINARY ACTION APPLICANTS TO CERTIFY COMPLETION OF CONTINUING EDUCATION APPROVAL OF APPLICATIONS...67 Rule 4. EXAMINATIONS 4.1 ARCHITECTURAL REGISTRATION EXAMINATION (ARE) Rule 5. PRACTICE 5.1 ELIGIBILE TO RECEIVE CERTIFCATE OF REGISTRATION ELIGIBLE TO RECEIVE CERTIFICATE OF AUTHORIZATION USE OF THE SEAL OR STAMP EXPIRED CERTIFICATES PERSONAL NAMES OF ARCHITECTS USED IN THE NAME OF THE FIRM FIRM PRACTICING UNDER A NAME THAT DOES NOT INCLUDE THE NAMES OF REGISTERED PRINCIPALS USE OF TERMS IN THE FIRM NAME CONTINUING EDUCATION Rule 6. INTER-JURISDICTIONAL PRACTICE Rule 7. COMPLAINTS AND HEARINGS Rule 8. PROFESSIONAL STANDARDS 8.1 COMPETENCE CONFLICT OF INTEREST FULL DISCLOSURE COMPLIANCE WITH LAWS PROFESSIONAL CONDUCT PROTOTYPICAL PROJECTS Rule 9. BY-LAWS 9.1 NAME PROCEDURE COMPLAINTS, HEARINGS OFFICE MEETINGS ELECTION OF OFFICERS DUTIES OF OFFICERS ORDER OF BUSINESS VOTING FINANCE RECORDS FEES SEAL MODIFICATIONS Rule 10. DISCIPLINARY GUIDELINES Rule 101. SEVERABILITY AND EFFECTIVE DATE

8 RULE 1. PURPOSE, AUTHORITY AND APPLICABILITY 1.1 Purpose. These rules and regulations describe the practices and procedures of the Board of Examination and Registration of Architects and amend and supersede the provisions of Board of Examination and Registration of Architects, Rules and Regulations of the Board, as last amended in October Authority. These rules and regulations are promulgated pursuant to the requirements of Section of the Rhode Island General Laws of 1956 and Chapter 73, Article 3, Section 13(a), of the 2007 Public Laws and further amended by Chapter 100, Article 9 Substitute A as Amended, Section 13(a), of the 2008 Public Laws. These rules and regulations have also been prepared in accordance with the provisions of Chapter 42-35, entitled Administrative Procedures Act Construction Sections of the Rules are referred to sequentially by numbers at the left side of the page The terms rules and rules and regulations are used interchangeably. 1.4 References to the Rhode Island General Laws All statutory references to the Rhode Island General Laws are to the Rhode Island General Laws of 1956, as amended and Chapter 73, Article 3, Section 13(a), of the 2007 Public Laws. and further amended by Chapter 100, Article 9 Substitute A as Amended, Section 13(a), of the 2008 Public Laws. The Rhode Island General Laws also referred to within as the General Laws of Rhode Island References to the Board shall also be interpreted to include staff of the Board when designated to perform specific functions. RULE 2. DEFINITIONS 2.1. Act Refers to the enabling legislation for the Act entitled Architects, contained in Rhode Island General Laws Chapter 5-1 and Chapter 73, Article 3, Section 13(a), of the 2007 Public Laws and further amended by Chapter 100, Article 9 Substitute A as Amended, Section 13(a), of the 2008 Public Laws. 2.2 "Architect" - As defined in the General Laws of Rhode Island, Paragraph Architect Emeritus - Upon application and payment of a fee, an honorary title issued to a retired architect who is prohibited from practicing architecture in the State of Rhode Island. 2.4 The term "Board" wherever used in these rules and regulations shall be deemed to refer to the Board of Examination and Registration of Architects or, when the context permits, to the relevant administration or personnel thereof. 8

9 2.5 Certificate of Authorization Is defined in Rhode Island General Laws Section 5-1-2(4) and is further referred to in Rule 5.2 within. 2.6 The term "Chair" shall be deemed to be referred to as the Chair of the Board of Examination and Registration of Architects wherever used in these rules and regulations shall be deemed to refer to the Chair of the Board. 2.7 Continuing Education Unit (CEU) is equal to one contact hour of required professional education (See Rule 5.8). 2.8 "Experience" and "Training" are interchangeable and mean satisfactory architecturally related employment as required by NCARB. 2.9 NCARB The National Council of Architectural Registration Boards Model Regulations promulgated on July 2006.most recent addition Practice of Architecture". As defined in the General Laws of Rhode Island, Section A person practices as a Principal if the person is an architect, is in responsible control of the organization s architectural practice either alone or in concert with other architect(s), is responsible for the profits and losses of the firm, is legally liable for the acts of the firm, and holds one of the following positions: Sole proprietor if the practice is through a sole proprietorship Director and officer (or shareholder if there are no directors) if the practice is through a corporation General partner if the practice is through a partnership General Partner if the practice is through a limited liability partnership Manager (or member if there are no managers) if the practice is through a limited liability company Responsible Control That amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation, as defined by NCARB Model Regulations promulgated on July Stamp Is the instrument to apply a seal evidencing registration of an architect to Chapter "State" as used in the General Laws of Rhode Island, Section 5-1-9, and shall include any jurisdiction recognized by NCARB Division of Design Professionals Is a single administrative ddivision within the Department of Business Regulation (DBR), comprised of two members from each of four Design Boards; Engineers, Architects, Landscape Architects and Land Surveyors. The Division will not usurp or encroach change on the Legislative Authority granted under Chapter of the General 9

10 Laws of Rhode Island. combined comprised of the four (4) Boards, Board of Examination and Registration of Architects, Board of Examiners of Landscape Architects, Board of Registration for Professional Engineers and Board of Registration for Professional Land Surveyors, into a single administrative division. RULE 3. APPLICATIONS 3.1 Applications for examinations [a completed Council Record file of the National Council of Architectural Registration Boards (NCARB)] must be submitted to the Office of the Board, reviewed and approved by the Board. for National Council of Architectural Registration Boards (NCARB) Direct Eligibility. Exam Candidate must apply directly to the National Council of Architectural Registration Boards (NCARB) Direct Registration Program effective March 1, This applies only to those candidates eligible after March 1, Personal appearance before the Board, if required, shall be at a time and place designated by the Board. The Board reserves the right to review and rescind eligibility to the architectural registration examination (ARE) The Board may request additional evidence or information in writing to further support the application Failure to comply, within sixty days from the date of written request by the Board, for additional evidence or information, or to appear before the Board, when such an appearance is deemed necessary by the Board, may be considered as just and sufficient cause for disapproval of the application. 3.2 Applications for registration by reciprocity that meet the criteria of the National Council of Architectural Registration Boards (NCARB) most recent amendment of the Handbook for Interns and Architects for the Requirements for Certification of U.S. Architects must be submitted to the Office of the Board. Documents issued by NCARB may be accessed at the NCARB website at Allow a minimum of forty days for applications to be reviewed and acted on by the Board.) 3.3 Applications for Certificates of Authorization (C.O.A.) must be submitted to the Office of the Board. (Allow a minimum of forty days for properly completed applications to be reviewed and acted on by the Board.) (See also Rule 5.2). 3.4 Application for Architect Emeritus status shall be made in writing to the Board, accompanied by the appropriate fee. At the time that such application is made, the applicant must surrender the architect s seal that had previously been issued by the Board (Allow a minimum of forty days for the application to be reviewed and acted on by the Board.) 3.5 Applicants for examination, reciprocity or C.O.A. must disclose any and all disciplinary action imposed by other professional registration jurisdictions or NCARB. 3.6 Applicants for reciprocity must certify completion of continuing education in accordance with the Board s requirements for continuing education. 10

11 3.7 APPROVAL OF APPLICATIONS All applications shall be considered individually and passed or rejected on a roll call vote of the Board The action taken on each application shall be recorded in the minutes An outline of the action taken shall be placed with the application Applicants shall be promptly notified of the Board s actions If a new application is approved after renewal applications have been mailed, then that person s applicant s registration will shall be valid for 27 months as opposed to 24 months. RULE 4. EXAMINATIONS 4.1 Architectural Registration Exam (ARE) Evaluation of education and training credits shall be at the discretion of the Board and in general accordance to National Council of Architectural Registration Boards (NCARB) criteria All applicants are required to satisfactorily complete the Intern Architect Development Program (IDP) in accordance with NCARB criteria comply with such requirements for taking the Architectural Registration Examination (ARE) as shall be established from time to time by NCARB The ARE will be given to all applicants qualifying under Section of the General Laws of Rhode Island The ARE shall be taken and successfully passed by all applicants The scope, dates, times and location(s) of the ARE are established by the Board in conjunction with NCARB The minimum-passing grade in all subjects of the ARE shall be as established by the NCARB All applicants may retake failed divisions of the examination as many times as the applicant wishes and must pay a new fee at each re-examination A six-month waiting period is required before an applicant may retake a previously failed division of the ARE Rolling Clock 11

12 For applicants who have passed all divisions of the ARE by January 1, 2006, regardless of the time taken, such applicants will have passed the ARE For applicants who have passed one or more but not all divisions of the ARE by January 1, 2006, such applicants will have five years from the date of the first (non-exempt) passed division to pass all remaining divisions. [Exams passed prior to January 1, 2006, are exempt and will NOT have to be retaken.] If a candidate fails to pass all remaining divisions within the initial five-year period, the candidate is given a new five-year period from the date of the second oldest passed division. The five-year period shall commence after January 1, 2006, on the date when the first passed division is administered For applicants who have passed no divisions of the ARE by January 1, 2006, such applicants shall be governed by the above five-year requirement. The five-year period shall commence on the date when the first passed division is administered. RULE 5. PRACTICE 5.1 An applicant (or firm), who has established eligibility to practice architecture under the requirements of Chapter 5.1 of the General Laws of Rhode Island will, upon payment of the stipulated fee, receive a Certificate of Registration (or Authorization). 5.2 Certificate of Authorization (C.O.A.) Definition. As stated in Rule 2 the terms "Certificate of Authorization" means the certificate issued by the Board which indicates that the sole proprietor, partnership, limited liability partnership, corporation, or limited liability company named in the certificate is permitted to practice architecture in the State of Rhode Island. (See also RIGL Section (4)) Application for Certificate of Authorization (COA) shall be made as referred to in Rule 2.5 and Rule Eligible Applicants. As provided in RIGL Section (a), a sole proprietorship, partnership, limited liability partnership, corporation or limited liability company shall be admitted to practice architecture in this state if: Two-thirds (2/3) of the partners (if a partnership or limited liability partnership) two-thirds (2/3) of the directors and officers (or shareholders if there are no directors, if a corporation) or two-thirds (2/3) of the managers (or members if there are no managers, if a limited liability company) are registered under the laws of any state or any reciprocal 12

13 jurisdiction as defined by the National Council of Architectural Registration Boards to practice architecture or engineering; One-third (1/3) of the partners (if a partnership or limited liability partnership) or one-third (1/3) of the directors and officers (or shareholders if there are no directors, if a corporation), or one-third (1/3) of the managers (or members if there are no managers, if a limited liability company) are registered under the laws of any state or reciprocal jurisdiction as defined by the National Council of Architectural Registration Boards to practice architecture; and The person having the practice of architecture in his or her charge is himself or herself a partner (if a partnership or limited liability partnership) a director or officer (or shareholders if there are no directors, if a corporation) or a manager (or members if there are no managers, if a limited liability company) and is registered to practice architecture in this State The Board is empowered to require any sole proprietorship, partnership, or limited liability partnership, corporation or limited liability company practicing architecture in this state to file information concerning its partners, shareholders, officers, directors, members, managers, and other aspects of its business organization, upon any forms that the Board prescribes. (See RIGL Section (b)) As provided by RIGL Section (c), the practice or offer to practice architecture by a sole proprietorship, partnership, limited liability partnership, corporation, or limited liability company subsequently referred to as the "firm", through one or more architects registered under the provisions of Chapter 5-1, is permitted under the following circumstances: the registered architect or architects are in direct control of the practice or exercise responsible control of all personnel who act in behalf of the firm in professional and technical matters; and the firm has been issued a Certificate of Authorization by the Board Every firm must obtain a certificate of authorization from this Board. Furthermore, those individuals in direct control of the practice or who exercise responsible control of all personnel who act in behalf of the firm in professional and technical matters also must be registered with the Board. A Certificate of Authorization shall be issued by the Board upon satisfaction of the provisions of RIGL Chapter 5-1 and the payment of a fee as determined by the Board in accordance with RIGL Section This fee shall be waived if the firm consists of only one person who is the registered architect. Every firm must file an application for a certificate of authorization with the Board on a form provided by the board. (See RIGL Section (d)) 13

14 5.2.7 Renewal. Every Certificate of Authorization is valid for a period of two (2) years and expires on the last day of December of each even numbered year following its issuance. A separate form provided by the board shall be filed with each renewal of the Certificate of Authorization. The firm shall complete a renewal form within thirty (30) days of the time any information previously filed with the board has changed, is no longer true or valid, or has been revised for any reason. If, in the board's judgment, the information contained on the application and/or renewal form is satisfactory and complete, the Board will issue a Certificate of Authorization for the firm to practice architecture in this state. As the Board deems necessary, the Board may require all applicants for renewal to provide the Board with information, including but not limited to, a brief outline setting forth the professional activities of any applicant during a period in which a Certificate of Authorization has lapsed and other evidence of the continued competence and good character of the applicant, all. (See RIGL Section (e)) Suspension or revocation of Certificates of Authorization After notice and hearing as provided in RIGL Section , the Board may in its discretion suspend, revoke or annul or refuse to renew any Certificate of Authorization or take any other action as authorized provided in RIGL Section Initiation of Proceedings Against Holders of COAs As provided in RIGL Section (a), the Board may initiate proceedings against holders of a certificate of registration and/or a Certificate of Authorization (subsequently referred to as a licensee or licensees) either on its own motion, or on complaint of any person, upon a finding of probable cause by a probable cause committee appointed by the Board pursuant to 5-1-5, or upon receiving notification from another state Board of Architects or from the appropriate authority in another country or jurisdiction of its decision to: Revoke, suspend, annul, or refuse to renew the practice privileges granted in that state or in that country or jurisdiction to the licensee; or Publicly censure, or censure in writing, limit the scope of practice of, impose an administrative fine upon, or place on probation the licensee Hearing Notice. As provided in RIGL Section (b), a written notice stating the nature of the charge or charges against the licensee and the time and place of the hearing before the Board on the charges shall be served on the licensee not less than twenty (20) days prior to the date of the hearing either personally or by mailing a copy of the notice by certified mail, return receipt requested, to the address of the licensee last known to the board. 14

15 Default Hearing. If, after being served with the notice of hearing as provided for in this section, the licensee fails to appear at the hearing and to defend against the stated charges, the Board may proceed to hear evidence against the licensee and may enter any order that is supported by the evidence. That order is final unless the licensee petitions for a review as provided in this rule. However, provided, that within thirty (30) days from the date of any order, and upon a showing of good cause for failing to appear and defend, the Board may reopen the proceedings and may permit the licensee to submit evidence in his, her or on its behalf. See RIGL Section (c), Contested hearings. Contested hearings shall be conducted according to the procedures set forth in Rule ARCHITECT S SEAL AND STAMP SEAL - The seal is embossed, 1-½ inches in diameter consisting of two concentric circles; the outer being 1-½ inches in diameter and the inner being 1-1/8 inches in diameter. The space between the circles shall contain the name of the architect at the top and the word Architect at the bottom. The inner circle to contain the State emblem and the architect s certificate number. The word Registered shall appear below the State s emblem, just above the word Architect in the space between circles The Board shall loan each architect the right to purchase an individual stamp capable of imprinting the seal to be used, as hereinafter directed in the following paragraph, on all documents prepared by the architect or under the architect's responsible control, for use in the State of Rhode Island, for the purpose of properly imprinting the drawings, specifications or project manual, and other documents. A digital facsimile of the seal may be used in lieu of the hand stamp. (See Rule 2.13) The seal shall be applied on documents so as to produce legible reproduction on all copies or prints made from the documents. After application of the seal, the architect's name shall be hand signed in ink across the imprinted seal, and dated below the seal. Electronic signature and dating is not permitted The architect shall imprint the seal only if in responsible control of the project Upon retirement, certificate revocation, death or non-payment of renewal fee, the loaned right to the stamp shall be voided and the stamp shall be immediately returned to the Board. If not returned to the Board within sixty days, or within fifteen days of a notice to return, the Board will notify NCARB of this rule violation and take action as allowed by the act. 5.4 Expired Certificates. Application for restoration of an expired certificate, which has been allowed to lapse for not more than 6 months, shall be approved by the Board upon receipt of the required registration fees. Application for the restoration of an expired certificate, which has been allowed to lapse for a period of 6 months to not more than two years, shall be accompanied by a brief outline setting forth the professional activities of the applicant during the lapsed period, and, if the applicant is a non-resident, a completed NCARB Council Record and Certificate must also be 15

16 submitted. If the certificate has been expired for more than (two) years, the applicant shall follow the procedure for a new application. 5.5 When personal names of architects are used in the name of the firm, only names of living registrants or former registered members now retired or deceased may be used. Any reference in the firm name to other persons of the firm, partnership, or corporation, limited liability company and limited liability partnership shall be permitted only when such other persons are design professionals (landscape architects, professional engineers or registered professional land surveyors) and their identity is made known specifically on letterheads of the firm (sole proprietorship, partnership, or corporation, limited liability company and limited liability partnership). 5.6 A firm is permitted to practice under a name, which does not include the names of registered principals, provided said name is submitted to the Board for review and approved before adoption of same. A firm, using such an assumed name shall file with the Board the name of each registered member of the firm. The Board shall be promptly advised of any and all changes in the composition of a firm that may occur subsequent to the original filing, and the C.O.A shall be resubmitted for approval. 5.7 Any use of the word "Associate" or "Associates" in the title of a firm, partnership, or corporation, limited liability company or limited liability partnership shall be permitted only when it refers to other registered architects, landscape architects, professional engineers or registered land surveyors in the firm, partnership, or corporation, limited liability company or limited liability partnership and their identity and professional status is made known on letterheads of the firm, partnership, or corporation, limited liability company or limited liability partnership. The title Associate shall only be given to registered professionals of the firm, partnership, or corporation, limited liability company or limited liability partnership. The use of the plural form of Architect Architects shall only be used in a firm s title if there is more than one architect at the business. 5.8 CONTINUING EDUCATION (C.E.) The Board, in order to protect the public in the built environment, has enacted a continuing education requirement for the purpose of ensuring that the architecture profession remains current on health, safety, welfare and construction issues A registered architect must demonstrate continuing education activities since the date of the architect s last renewal or initial registration, as the case may be. The Board shall by regulation describe continuing education activities acceptable to the Board and the documentation of such activities required by the Board An architect must certify on the renewal application that the architect has met the requirements of the Board. The architect must maintain records of C.E. Falsification of records will result in disciplinary action by the Board The Board may decline to renew a registration if the architect s professional development activities do not meet the standards set forth in the Board s regulations The Board or its Designee may randomly audit licensees to insure compliance. An architect who is audited will be notified in writing and will be required to provide written documentation of the continuing education for the two (2) year period at issue. 16

17 The Board may require the architect who cannot produce such documentation to develop and complete a specific corrective action plan within 90 days, prior to approval of renewal Architect must obtain 24 continuing education units (CEU s) of which 16 must be health, safety and welfare (HSW) for the two-year renewal period The Architect may carry over one year of continuing education hours from the previous year Exemptions to Rule 5.8.6: An architect shall not be subject to these requirements if: The architect has been granted emeritus status by the Board; or The architect otherwise meets all renewal requirements and is a civilian called to active duty in the armed forces of the United States for a significant period of time, is ill or disabled for a significant period of time, or can demonstrate to the Board other like hardship, then upon the Board s so finding, the architect may be excused from some or all of these requirements; or The architect otherwise meets all renewal requirements and is registered in any other jurisdiction having continuing education requirements, which the architect has met, provided that the requirements of such other jurisdiction are equal to or exceed Rhode Island s requirements For the Architect s first renewal period or fraction thereof, the continuing education requirements for renewal shall be required at the rate of one continuing education unit (CEU) per month of registration If an architect has allowed registration to lapse in Rhode Island for more than two years, the architect shall upon application provide evidence of compliance with Rhode Island s requirements for the lapsed period. Continued registration in an NCARB recognized jurisdiction that requires continuing education will be deemed to satisfy this requirement The Board recognizes the following continuing education credits: All registered programs offered by AIA, CES registered providers. 17

18 Proof of completion either by AIA/CES record transcript from the University of Oklahoma or a copy of the Certificate of Completion from the provider Registered programs are listed on Self directed study accepted by AIA, CES Proof of completion by AIA/CES record transcript from the University of Oklahoma All CE monographs offered by NCARB Proof of completion by NCARB Certification of Course Completion All programs accepted by other NCARB registration jurisdictions Proof of acceptance from the jurisdiction Courses offered by any educational provider, including, but not limited to: colleges; universities; adult education; business schools and vendors related to the practice of architecture Proof of completion by transcript from institution or certificate of successful completion One contact hour (50 min.) equals one continuing education unit Refer to AIA/CES provider manual, for subject areas that qualify for HSW credit. 75% of the course must be in the HSW subject area to qualify HSW subject areas according to AIA/CES Manual, 2006 Edition, Page 10 include: Accessibility Acoustics Building design Code of ethics Construction administration Construction contract laws, legal aspects

19 Construction documents, services Construction functions, materials, methods, and systems Energy efficiency Environmental: asbestos, leadbased paint: toxic emissions Environmental analysis and issues of building materials and systems Fire: building fire codes flame spread, smoke contribution, explosives Fire safety systems: detection & alarm standards Insurance to protect the owners of property and injured parties Interior Design Laws & regulations governing the practice of architecture Life safety codes Materials & systems: roofing/waterproofing, wall systems, etc Material use, function, and features Mechanical, plumbing, electrical: system concepts, materials and methods Natural hazards (earthquake, hurricane, flood) related to building design Preservation, renovation, restoration, and adaptive reuse Security of buildings, design Site and soils analysis Site design Specification writing Structural issues Surveying methods, techniques Sustainable design Others To be eligible for credit if not covered by Items #1 through 5, the following criteria must be met and the architect must retain proof of the criteria for examination and approval by the Board on request. 19

20 The following criteria are based on AIA/CES Provider Manual, 2006 Edition, Pages 12 and Statement of learning objective goal Program brochures/advertisement Copy of handouts or learning material Identify human resources, experts, etc Identify all material resources used Passive activity involved Interactive participation involved Measurement of learning test, exam, etc Time spent on activity To qualify for HSW credit, 75% of time must be in a category identified by AIA/CES Manual, 2006 Edition, Page 10, as listed in Item #5 above The Rhode Island Board will be the sole judge for acceptance of learning under Item #6, and the number of units approved. The basis of judgment will be the current edition of the AIA/CES Provider Manual. RULE 6. INTER-JURISDICTIONAL PRACTICE 6.1 A non-resident architect may practice in this state under their own name provided a principal or partner is the architect in responsible control of the project, is registered in this State, holds a Certificate of Authorization, and is clearly identified on all drawings and contract documents as the architect in responsible control. 6.2 A non-resident architect can offer to provide services for a specific future project in this state only if: The architect holds current registration in the jurisdiction where the architect s office is located; and The architect holds a NCARB Certificate. 6.1 No one shall practice or offer to practice architecture in the State of Rhode Island unless they are registered and hold a Certificate of Authorization in accordance with Section of the Rhode Island General Laws. 20

21 RULE 7. COMPLAINTS AND HEARINGS 7.1 ORGANIZATION Chapter 5-1 of the General Laws establishes the Board of Examination and Registration of Architects (hereinafter Board ) and sets forth its jurisdiction and powers. The duties of the Board are set forth in said chapter of the General Laws It is the function of the Board to regulate the practice of architecture within the State of Rhode Island as defined by the General Laws. 7.2 PRACTICE BEFORE THE BOARD No person may appear in a representative capacity before the Board other than attorneys at law duly qualified and entitled to practice before the Supreme Court of the State of Rhode Island. Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state may request permission of the Board to appear in a representative capacity. The Chair, may in circumstances he deems appropriate, permit a bona fide officer, partner, or full time employee of an individual firm, association, partnership, or corporation to appear for such individual firm, association, partnership, or corporation All persons appearing in proceedings before the Board in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Rhode Island. If any such person does not conform to such standards, the Board may decline to permit such person to appear in a representative capacity in any proceeding before the Board. 7.3 COMPLAINTS, ANSWERS & HEARINGS Hearings required by law shall be conducted in accordance with these Rules and Regulations. Where no hearing is required by law, the Board may nevertheless in its discretion conduct or direct informal hearings or investigations be conducted in such manner and according to such procedures as it may deem appropriate In any contested case, all parties shall be served with such notice as may be provided by law, but in the absence of such requirement the Board may order such notice as it deems necessary for the protection of the parties involved The Board shall require that all complaints filed against any person or firm registered by this Board and/or subject to its jurisdiction be filed with the Board in a "verified" format. Each "verified" complaint shall include, at a minimum, the name and address of the person or firm filing the complaint, the name and address of the person or firm against whom the complaint is filed, a statement of facts sufficient to establish that the Board has jurisdiction over the conduct alleged and a statement setting forth the facts which support the allegation(s) that the individual or firm has violated the laws, code of ethics and/or Rules and Regulations governing the practice of Architecture in this state. 21

22 7.3.4 Service of Process Subpoenas By whom Served: The Board shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be served or caused to be served by the party filing it. Service shall be accomplished by certified mail at the last address on file with the Board with return receipt being required Upon Whom Served: All papers served by either the Board or any party shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceeding shall notify all other counsel then of record and all parties not represented by counsel of such fact Service Upon Parties: The final order, and any other paper required to be served by the agency upon a party, shall be served upon such party or upon the agent designated by him or by law to receive service of such papers, and a copy shall be furnished to counsel of record Method of Service: Service of papers shall be made personally or by first-class registered or certified mail When Service Complete: Service upon parties shall be regarded as complete: By mail, upon deposit in the United States mail properly stamped and addressed. Proof of service shall be required except that any party may evidence adequate attempts of service by demonstrating two (2) separate attempts at service, each such attempt being not less than two (2) weeks from any prior attempt Filing with Board: Papers required to be filed with the Board shall be deemed filed upon actual receipt by the Board at the office of the Board Form: Every subpoena shall state the name and address of the Board and the Title of the proceeding, if any, and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents or things under his control at a specified time and place Issuance to Parties: When permitted by law and upon application of counsel for any party to a contested case, there 22

23 shall be issued to such party subpoenas requiring the attendance and testimony of witnesses or the production of evidence in such proceeding. The Board may issue subpoenas in accordance with law to parties not so represented upon request or upon a showing of general relevance and reasonable scope of the testimony or evidence sought Service: Unless the service of a subpoena is acknowledged on its face by the person subpoenaed, service shall be made by delivering a copy of the subpoena to such person Proof of Service: The person serving the subpoena shall make proof of service by filing the subpoena and the required return, affidavit, or acknowledgment of service with the Board or the officer before whom the witness is required to testify or produce evidence. If service is made by a person other than an officer of the Board, and such service has not been acknowledged by the witness, such person shall make an affidavit of service. Failure to make proof of service does not affect the validity of the service Quashing: Upon motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed (and upon notice to the party to whom the subpoena was issued) the Board or its authorized member or officer may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion upon just and reasonable conditions Enforcement: Upon application and for good cause shown, the Board may seek judicial enforcement of subpoenas issued to parties and which have not been quashed Geographical Scope: Such attendance of witnesses and such production of evidence may be required from any place in the State of Rhode Island, at any designated place of hearing Official Notice - Matters of Law The Board, upon request made before or during a hearing, will officially notice: Federal Law: The Constitution; Congressional Acts, Resolutions, Records, Journals and Committee Reports; Decisions of Federal Courts and Administrative Agencies; Executive Orders and Proclamations; and all Rules, orders and notices published in the Federal Register. 23