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RULE PROPOSALS
VOLUME 42, ISSUE 18
ISSUE DATE: SEPTEMBER 20, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS

Proposed Readoption with Amendments: N.J.A.C. 13:27
Proposed New Rule: N.J.A.C. 13:27-3.3
Proposed Recodification with Amendments: N.J.A.C. 13:27-6.1 as 6.3

Rules

Authorized By: New Jersey State Board of Architects, Charles Kirk, Acting Executive Director.
Authority: N.J.S.A. 45:3-1 et seq., specifically 45:3-3.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2010-214 .
Submit written comments by November 19, 2010 to:

Charles Kirk, Acting Executive Director
New Jersey State Board of Architects
124 Halsey Street
PO Box 45032
Newark , New Jersey 07101

The agency proposal follows:

Summary

The State Board of Architects (the Board) is proposing to readopt N.J.A.C. 13:27 with amendments. Pursuant to N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on February 7, 2011. In compliance with the Executive Order, the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:27 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were promulgated. The following summary outlines each subchapter and briefly explains the amendments that are proposed as part of this readoption.

Subchapter 1 outlines the purpose and scope of the rules. The purpose of the rules is to provide for the regulation of architects in the State pursuant to N.J.S.A. 45:3-1. The rules apply to all applicants seeking licensure as architects, as well as all architects practicing architecture in the State.

Subchapter 2 contains rules for the administration of the Board. N.J.A.C. 13:27-2.1 establishes the Board's name. N.J.A.C. 13:27-2.2 designates the location of the Board office. N.J.A.C. 13:27-2.3 sets forth the Board's meetings and quorum requirements and provides that the Board may submit a request to the appropriate authority to replace Board members who are chronically absent or fail to participate. N.J.A.C. 13:27-2.4 provides for the election of officers and the terms of office. N.J.A.C. 13:27-2.5 outlines the duties of officers and committee appointments. N.J.A.C. 13:27-2.6 outlines the duties of the Executive Director of the Board.

Subchapter 3 contains definitions and outlines the scope of architectural practice and responsibility. N.J.A.C. 13:27-3.1 defines words and terms used throughout Chapter 27. The Board is proposing to amend the definition of "closely allied professional" to include certified interior designers. The Board is proposing to amend the term "construction documents" to include plans and specifications required to make application for a construction permit pursuant to N.J.A.C. 5:23-2.15(f). The Board is proposing to further amend the definition of "construction documents" to delete several types of documents to simplify the definition for easier comprehension. The Board proposes to add a new definition, "construction permit," to include an authorization to commence work on a specific project in accordance with N.J.A.C. 5:23-1.4 and the requirements of that section. The Board also proposes to amend the definition of "design services" to exclude the preparation of construction documents. In addition, the Board proposes to move the definition of "immediate family" to this section from N.J.A.C. 13:27-7A.1 because its use is not limited to Subchapter 7A.

For clarity, N.J.A.C. 13:27-3.2 regarding scope of architectural services and advertising is broken down into separate sections. N.J.A.C. 13:27-3.2 is proposed to cover the requirements regarding advertising for the profession and to change the section heading to "Advertising by architects." New N.J.A.C. 13:27-3.3 is proposed, which sets forth the requirements regarding advertising for all other related professions. It will also address the unlicensed practice of architecture. Existing N.J.A.C. 13:27-3.2(a), (c) through (f) and (h) have been deleted and incorporated into new N.J.A.C. 13:27-3.3. Existing N.J.A.C. 13:27-3.2(g) has been relocated and incorporated into N.J.A.C. 13:27-5.3(e). New N.J.A.C. 13:27-3.3(c), relocated from N.J.A.C. 13:27-3.2(c), is proposed for amendment to make clear that any document prepared by a builder or home improvement contractor shall not bear a title block. Recodified N.J.A.C. 13:27-3.3(d)4 is proposed for amendment to coincide with the [page=2203] new definition of "construction documents" to remain consistent with the Department's definitions as per the State Uniform Construction Code. Existing N.J.A.C. 13:27-3.3, which permits an individual to act as a designer of a detached single family dwelling under limited circumstances is proposed to be recodified as N.J.A.C. 13:27-3.4 with a proposed amendment to the heading to include the word "dwelling." In addition, the term "construction documents" is substituted for "construction drawings" throughout the rule. The Board is proposing to delete subsection (d) because it is not within the Board's scope to regulate. Architects design and may be hired to ensure that the construction is consistent with the design and make changes to the design if necessary. N.J.A.C. 13:27-3.5, concerning business entity titles is proposed to be amended to remove shareholder since this section only deals with proprietorships and partnerships. N.J.A.C. 13:27-3.6, concerning notification of change of address and service of process, is proposed without change.

Subchapter 4 outlines the Board's licensing procedures, biennial renewal and certificates of authorization. N.J.A.C. 13:27-4.1 sets forth the requirements for admission to take the examination to become a licensed architect. N.J.A.C. 13:27-4.2 sets forth the requirements for licensure of an applicant that has a degree not accredited by the National Architectural Accrediting Board. There is one technical change to this section to add "is required" to the end of the first sentence of paragraph (a)2 for grammatical correctness. N.J.A.C. 13:27-4.3 outlines sections of the examination required to be successfully completed to be eligible for licensure. The proposed amendments delete all of the references to various sections of the Architect Registration Examination (ARE) because after June 30, 2009, all applicants are required to take every division of the ARE administered by the National Council of Architectural Registration Boards (NCARB). A new subsection (a) is added to make this clear. N.J.A.C. 13:27-4.4 is reserved. N.J.A.C. 13:27-4.5 outlines the requirements for licensure. N.J.A.C. 13:27-4.6 contains the requirements for biennial renewal, license suspension, reinstatement of suspended licenses and inactive status. N.J.A.C. 13:27-4.7 delineates the circumstances under which certificates and seal presses may be issued or retained. An amendment is proposed to subsection (f) to require Board approval for a family of a deceased architect to retain the architect's seal press. N.J.A.C. 13:27-4.8 contains the requirements for issuance of certificates of authorization. N.J.A.C. 13:27-4.9 contains the requirements for biennial renewal of certificates of authorization. N.J.A.C. 13:27-4.10 is reserved. N.J.A.C. 13:27-4.11 sets forth the fees charged by the Board. N.J.A.C. 13:27-4.12 contains the requirements for an architect to be licensed by the Board as a home inspector.

Subchapter 4A contains the rules concerning continuing education requirements. N.J.A.C. 13:27-4A.1 requires that each applicant for biennial license renewal complete the required continuing education specified in N.J.A.C. 13:27-4A.2 and to confirm that fact on the biennial renewal application form. N.J.A.C. 13:27-4A.2 sets forth the continuing education hour requirements and the provisions for carry forward of excess continuing education hours to the next biennial licensing period. N.J.A.C. 13:27-4A.3 sets forth the sources of continuing education hours and certain limitations on particular continuing education activities. N.J.A.C. 13:27-4A.4 sets forth licensees' reporting and documentation requirements of their continuing education activities. N.J.A.C. 13:27-4A.5 obligates licensees to submit to an audit of their continuing education activities. N.J.A.C. 13:27-4A.6 permits the Board to waive all or part of the continuing education requirements under certain circumstances and sets forth the requirements for the licensee to request a waiver.

Subchapter 5 contains the rules of professional conduct. N.J.A.C. 13:27-5.1 requires an architect to act at all times with reasonable care and competence, taking into account all of the applicable Federal, State, county and municipal statutes, regulations and ordinances. N.J.A.C. 13:27-5.2 imposes a duty upon architects to report to the Board decisions made in the course of their work, by an employer or client against the architect's advice that violate applicable Federal, State and municipal statutes, regulations and ordinances and which would materially and adversely affect the health, safety and welfare of the public. N.J.A.C. 13:27-5.3 identifies the conduct and circumstances that give rise to a conflict of interest. The proposed amendment to that section adds a subsection outlining the circumstances under which an architect may render services as an agent, director, member, officer, shareholder, associate, employee or partner. N.J.A.C. 13:27-5.4 sets forth the requirement for full disclosure of compensation and qualifications. N.J.A.C. 13:27-5.5 requires that each office maintained for the purpose of providing architectural services have an architect in responsible charge and specifies when a licensee is deemed not to be in responsible charge.

Subchapter 6 contains the requirements for seals and title blocks. N.J.A.C. 13:27-6.1 contains the requirements for signing and sealing documents. The Board proposes to amend this section to clarify that the drawings and other documents that are being signed and sealed are construction documents. The Board also proposes to relocate that section to N.J.A.C. 13:27-6.3 because it flows more logically in the sequence of the requirements for a title block. N.J.A.C. 13:27-6.2 contains the requirements for title blocks and is proposed to be recodified as N.J.A.C. 13:27-6.1. With respect to recodified N.J.A.C. 13:27-6.2(b), which requires that title blocks must be in a form as set forth in N.J.A.C. 13:27-6.7, the Board is proposing to update that cross-reference to recodified N.J.A.C. 13:27-6.2. The Board is proposing to amend the heading of the section to replace "drawings" with "construction documents" for consistency with the change in definition and as per the Uniform Construction Code. The Board is also proposed an amendment to expand the requirement that title blocks shall appear on construction documents, as well as on all documents submitted for public approval or permit application. This change is being proposed because the Board wants to ensure that such documentation submitted for public approval or permit application contains a title block. The Board is also proposing to clarify that title block information is not required on renderings or sketches. N.J.A.C. 13:27-6.3 contains the requirements for title blocks when an architect practices as an individual or sole proprietor. The Board is proposing to recodify this section as N.J.A.C. 13:27-6.2. N.J.A.C. 13:27-6.4 permits an architect to submit a proposed form of title block to the Board for approval. N.J.A.C. 13:27-6.5 through 6.8 are reserved.

Subchapter 7 sets forth the permissible division of responsibilities in submission of site plans and major subdivision plats. N.J.A.C. 13:27-7.1 recites that all words, terms and phrases in the subchapter have the same meaning as those terms defined in the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., and that submission of a preliminary or final site plan or major subdivision plat is within the professional scope of the various professions as listed in the subchapter. N.J.A.C. 13:27-7.2 designates which professionals may depict various existing conditions on a site plan. N.J.A.C. 13:27-7.3 designates which professionals may prepare various elements of a site plan. N.J.A.C. 13:27-7.4 designates which professionals may prepare the various elements in a major subdivision plan. N.J.A.C. 13:27-7.5 sets forth the effect of local ordinances on the preparation of site plans or major subdivisions and states that informal site plans not required by local ordinance are excluded from the rule.

Subchapter 7A concerns the requirements of design build contracts. N.J.A.C. 13:27-7A.1 sets forth the definitions for the subchapter. The Board is proposing to relocate the definition of "immediate family" from this section to N.J.A.C. 13:27-3.1, as discussed above. N.J.A.C. 13:27-7A.2 sets forth the required notice in a design build contract between the contractor and the owner or developer regarding the architect engaged by the contractor, as well as other specific wording requirements in the contract. N.J.A.C. 13:27-7A.3 requires that certain terms and conditions be included in the contract regarding the independent status of the architect and duties of the architect in addition to any other contractual terms and conditions agreed to between the architect and the contractor. N.J.A.C. 13:27-7A.4 requires an architect who has a prior significant beneficial interest in a contractor for whom the architect performs architectural services in connection with a design build contract to disclose the interest to the owner or developer and obtain written consent from the owner or developer. The architect must ascertain that the contract between the contractor and the owner or developer discloses the interest and states that the architect will comply with the Board's required standard of independent judgment. N.J.A.C. 13:27-7A.5 requires an architect to give immediate written notice to the owner and contractor when the architect has knowledge that the owner has accepted, and is relying upon, design or construction documents prepared by the architect and any party that requests or directs the architect to make fundamental [page=2204] changes in those design or construction documents. In this circumstance, the architect is not to proceed with the changes unless the owner or developer and the contractor agree to them. N.J.A.C. 13:27-7A.6 requires an architect to retain any contract entered into with a contractor in connection with a design build project for 10 years from the date of the contract.

Subchapter 8 regulates landscape architects. P.L. 2008, c. 77 (N.J.S.A. 45:3A-1 et seq.) converted the landscape architect certification regulatory scheme, administered by the Landscape Architect Examination and Evaluation Committee, provided for in existing Subchapter 8, into a licensing scheme administered by the State Board of Architects. The Board has developed a notice of proposal consistent with the statute, which is published elsewhere in this issue of the New Jersey Register.

N.J.A.C. 13:27-8.1 defines the words and terms used throughout the subchapter. N.J.A.C. 13:27-8.2 provides that the office of the Committee shall be maintained by the Board. N.J.A.C. 13:27-8.3 delineates the Committee's meetings, quorum and recordkeeping requirements, and N.J.A.C. 13:27-8.4 provides that approved programs are those accredited by the Landscape Architectural Accreditation Board of the American Society of Landscape Architects. N.J.A.C. 13:27-8.5 sets forth the application process for initial certification as a landscape architect. N.J.A.C. 13:27-8.6 sets forth the application process for certification as a landscape architect without the Landscape Architect Registration Examination (LARE). N.J.A.C. 13:27-8.7 concerns certifications, biennial certification renewals, suspensions, reinstatements and inactive status. N.J.A.C. 13:27-8.8 concerns the display of certificates, replacement and duplicate certificates. N.J.A.C. 13:27-8.9 provides provisions for sealing and signing documents. N.J.A.C. 13:27-8.10 is reserved.

N.J.A.C. 13:27-8.11 contains continuing education requirements, as well as waiver and modification of continuing education requirements. N.J.A.C. 13:27-8.12 contains acceptable programs, courses and credit calculation for continuing education. N.J.A.C. 13:27-8.13 is reserved. N.J.A.C. 13:27-8.14 contains compliance and audit requirements for continuing education. N.J.A.C. 13:27-8.15 is reserved. N.J.A.C. 13:27-8.16 sets forth the responsibilities of continuing education sponsors. N.J.A.C. 13:27-8.17 sets forth the procedure for satisfying continuing education requirements by endorsement. N.J.A.C. 13:27-8.18 provides the procedure for those licensees seeking a document attesting to satisfactory completion of continuing education requirements. N.J.A.C. 13:27-8.19 sets forth the rules of professional conduct. N.J.A.C. 13:27-8.20 contains restrictions on advertising by individuals who are not certified as licensed landscape architects. N.J.A.C. 13:27-21 sets forth the applicable fees that applicants and certificate holders must remit to the Board. N.J.A.C. 13:27-8.22 requires certificate holders to notify the Board of any address changes and clarifies when service of process to a certificate holder's address will be deemed to be adequate notice for the commencement of ant disciplinary hearings.

Subchapter 9 provides for an Interior Design Examination and Evaluation Committee (Committee) under the State Board of Architects and sets forth the rules governing certified interior designers. The Board, at the recommendation of the Committee, proposes one change to N.J.A.C. 13:27-9. N.J.A.C. 13:27-9.1 outlines the purpose and scope for interior designer certification. N.J.A.C. 13:27-9.2 defines the words and terms used throughout the subchapter. N.J.A.C. 13:27-9.3 sets forth the office of the Committee. N.J.A.C. 13:27-9.4 sets forth the requirements for application for initial certification by examination. N.J.A.C. 13:27-9.5 sets forth the requirements for certification without examination. N.J.A.C. 13:27-9.6 sets forth the process for biennial certification renewal, the procedures for certificate suspension, reinstatement and inactive status. N.J.A.C. 13:27-9.7 outlines the procedure to change from inactive to active status. N.J.A.C. 13:27-9.8 sets forth how a certificate is to be displayed. N.J.A.C. 13:27-9.9 provides for duplicate or replacement certificates. N.J.A.C. 13:27-9.10 sets forth continuing education requirements. N.J.A.C. 13:27-9.11 sets forth acceptable continuing education programs and courses. An amendment is proposed to subsection (a) to clarify that the Interior Design Continuing Education Committee shall approve continuing education requirements consistent with the 2010 Interior Design Continuing Education Council (IDCEC) presenters Guide for Interior Design Continuing Education Presentations and Programs, incorporated by reference, as amended and supplemented, and available at www.idcec.org. In addition, a new paragraph (a)4 is proposed, which mimics N.J.A.C. 13:27-8.12(c), regarding the Certified Landscape Architects continuing education requirements. This new paragraph outlines how approval may be obtained for attendance at a seminar, conference or other program consistent with the guidelines established with the Interior Design Examination and Evaluation Committee. N.J.A.C. 13:27-9.12 lists the requirements for compliance with continuing education; and N.J.A.C. 13:27-9.13 contains the procedure for waivers of continuing education requirements. N.J.A.C. 13:27-9.14 outlines the rules of professional conduct. N.J.A.C. 13:27-9.15 contains prohibited titles for non-certified persons. N.J.A.C. 13:27-9.16 provides the procedure for change of address. N.J.A.C. 13:27-9.17 contains the fees that can be charged by the Board for interior designer certification matters.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the existing rules have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of architecture, landscape architecture and interior design. These rules establish standards for licensure and certification in the State and positively affect the regulated community by providing guidance for licensees, certificants and applicants as to application and renewal procedures and as to the conduct of the practice. The Board believes that licensees and certificate holders and the Board will benefit by having uniform, clear and comprehensive standards. The Board believes that the proposed amendments and new rule will have a positive impact upon the public by continuing to safeguard the public health safety and welfare, by ensuring the maintenance of professional practice standards. The Board believes that the proposed amendments and new rule to N.J.A.C. 13:27 will also have a positive impact on those persons applying to take the architect licensure examination or who are seeking certification as a landscape architect or interior designer.

Economic Impact

The Board anticipates that the rules proposed for readoption with amendments will impose some new or additional costs upon applicants for licensure and certificate holders, licensees and certificate holders. These additional costs are associated with the ARE 4.0 exam as per N.J.A.C. 13:27-4.3(a). The Board anticipates that the rules proposed for readoption will not impose any new or additional significant costs upon consumers. Except as noted above, the rules proposed for readoption will continue the economic impact the rules have had on such persons for the past five years, as discussed in more detail below.

The readoption of N.J.A.C. 13:27 and the proposed amendments and new rule impose economic costs as follows: N.J.A.C. 13:27-4.11 sets the fees charged by the Board for applications, licenses, registrations, biennial registrations, reciprocity applications, replacement and duplicate seal presses, replacement and duplicate wall certificates, verification of certification and late fees and reinstatement fees for landscape architects. N.J.A.C. 13:27-8.21 sets forth the fees charged by the Board for applications, examinations, certifications, biennial renewals, duplicate and replacement certificates, replacement of seal presses, verification of certification and late fees and reinstatement fees for landscape architects. Applicants for initial certification as landscape architects are economically affected to the extent that they will incur a cost to document the required supervised experience to be performed under a certified or licensed landscape architect, architect, professional planner or professional engineer pursuant to N.J.A.C. 13:27-8.5. Additionally, the Board is impacted to the extent that it will incur a cost to review the documentation submitted by an applicant for initial certification. Certified landscape architects will incur costs associated with complying with the continuing education requirements outlined in N.J.A.C. 13:27-8.11.

The Board believes that any economic impact that may be experienced by applicants for licensure or certification or licensees or certificate holders as a result of the rules proposed for readoption with amendments and a new rule is significantly outweighed by the necessary consumer [page=2205] protection measures established by the rules in Chapter 27. The Board further believes that any economic costs imposed upon applicants for licensure or certification or licensees and certificate holders by the rules proposed for readoption with amendments and a new rule will be negligible in comparison to the heightened professional services expected to be rendered by compliance with these rules.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments and a new rule are subject to State statutory requirements and are not subject to any Federal requirements.

Jobs Impact

The Board believes that the rules proposed for readoption with amendments and a new rule will not result in the generation or loss of jobs in the State.

Agriculture Industry Impact

The Board believes that the rules proposed for readoption with amendments and a new rule will not have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

If, for purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the 7,673 licensees and 465 certificate holders of the Board and the Committee under the Board are considered "small businesses," then the following analysis applies. The rules that the Board proposes for readoption with amendments and the new rule will continue to impose reporting, recordkeeping and compliance requirements upon licensees and certificate holders.

N.J.A.C. 13:27-3.2, as proposed to be amended, establishes guidelines for advertisements by architects and specifies the category of individuals who may render architectural services. Copies of all advertisements must be maintained for a period of three years after its last authorized publication or dissemination. New N.J.A.C. 13:27-3.3 imposes advertising requirements for other related professions. N.J.A.C. 13:27-3.5 restricts licensees from using the title sole proprietorship or associate and requires licensees to change the title of the firm in specific circumstances. N.J.A.C. 13:27-3.6 requires architects to provide the Board with notification of any change of address which is different from that currently registered with the Board.

Subchapter 4 imposes numerous compliance requirements for applicants seeking licensure. N.J.A.C. 13:27-4.1 requires all applicants for admission to the Architect Registration Examination to present evidence that they have completed the Intern Development Program (IDP) administered by the National Council of Architect Registration Boards or have equivalent experience that they have been evaluated at the applicant's expense. N.J.A.C. 13:27-4.2 requires applicants with degrees from colleges or universities that are not accredited by the National Architectural Accrediting Board to obtain from a recognized evaluation service, a detailed evaluation of their degrees and submit it to the Board for review. N.J.A.C. 13:27-4.3 as proposed to be amended would require that all applicants must take and pass every division of the new version of ARE administered by NCARB, which was launched by the National Council of Architectural Registration Boards in 2008. This proposed amendment will be uniformly applied to all candidates for the ARE for the benefit of the public health, safety and welfare; and, therefore no differing compliance requirements for any candidate are provided. N.J.A.C. 13:27-4.6 requires biennial renewal of licenses and sets forth the procedures for licensees to opt for inactive status, to reactivate an inactive license to be reinstated. N.J.A.C. 13:27-4.8 sets forth the requirements of issuance of certificates of authorization for those firms that are required to maintain this certificate. N.J.A.C. 13:27-4.9 sets forth the requirements for biennial renewal of certificates of authorization. N.J.A.C. 13:27-4.11 sets forth the applicable fees that applicants and licensees must remit to the Board for applications, licensure, biennial renewal, duplicate and replacement wall certificates and seal presses.

Subchapter 4A, as discussed in the Summary above, continues to impose continuing education requirements on the profession.

Subchapter 5, as discussed in the Summary above, continues to impose compliance requirements on the profession.

Subchapter 6, as discussed in the Summary above, continues to impose compliance requirements for the issuance and use of architects' seals and the general requirements for title blocks and the signing and sealing of documents.

Subchapter 7 continues to impose requirements for the preparation and submission of site plans and major subdivision plats.

Subchapter 7A continues to impose requirements for the content of design build contracts.

Subchapter 8 imposes numerous reporting, recordkeeping and compliance requirements for the practice of landscape architecture as discussed in the summary above.

Subchapter 9 continues to impose compliance requirements on certified interior designers as discussed in the summary above.

Except as noted above, the rules do not impose any other compliance, reporting or recordkeeping requirements. No additional professional services will be needed. The Board believes that because the requirements mentioned above and contained in the rules proposed for readoption are the minimum necessary for the protection of the public health, safety and welfare, all the rules in N.J.A.C. 13:27 must be uniformly applied. No exemption is therefore provided based on business size.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption with amendments and a new rule will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The rules proposed for readoption with amendments and a new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules concern the practice of architecture in New Jersey .

Smart Growth Development Impact

The rules proposed for readoption with amendments and a new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the rules concern the practice of architecture in the State of New Jersey.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:27.

Full text of the proposed amendments and new rule follows (additions indicated in boldface thus ; deletions indicated in brackets [thus]):

SUBCHAPTER 3. ARCHITECTURAL PRACTICE AND RESPONSIBILITY

13:27-3.1 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

. . .

"Closely allied professional" means, and is limited to, licensed architects, certified interior designers, professional engineers, land surveyors, professional planners, certified landscape architects[,] and persons that provide space planning services, interior design services, or the substantial equivalent thereof.

"Construction documents" means [all of the written, graphic, and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a construction project.] the plans and specifications required to make application for a construction permit pursuant to N.J.A.C. 5:23-2.15(f).

"Construction permit" means an authorization to begin work on a specific project in accordance with N.J.A.C. 5:23-1.4.

. . .

"Design services" as provided by a builder or home improvement contractor, means conceptual drawings or sketches of floor plans or elevations and the rendering of price quotations or estimates all of which may be necessary to develop the scope, character and potential cost of a [page=2206] [one] one- or two-family[,] detached home or improvement thereto. Design services do not include the preparation of construction documents.

. . .

"Immediate family" means a person's spouse and children, the person's siblings and parents and the spouses of the person's children.

. . .

13:27-3.2 [Scope of architectural service; advertising] Advertising by architects

[(a) No person, except an architect licensed in the State of New Jersey , shall use the title "architect" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice architecture in this State.]

[(b)] (a) (No change in text.)

[(c) A builder registered pursuant to the "New Home Warranty and Builder's Registration Act" (N.J.S.A. 46:3B-1 et seq.) or a home improvement contractor may advertise, or offer to perform "design services" either in the construction of one- to two-family homes or in connection with the demolition, enlargement or alteration thereto. A builder or home improvement contractor shall render such services only to the owner-occupant of such dwellings.

(d) An advertisement for design services by a builder or home improvement contractor pursuant to (c) above shall not in any way be limited except as set forth in (e) below, and may contain the following terms or their substantial equivalent:

1. Construction design services;

2. Design;

3. Design services;

4. Design/build;

5. Design/build services; and/or

6. Building design services.

(e) Builders and home improvement contractors shall not advertise, offer or perform design services that involve the preparation of construction documents, which consist of, but are not limited to, those drawings or specifications necessary to support an application for building or other construction permits.

(f) It shall be permissible for a person not authorized to render architectural services to utilize the terms "space planning," "interior design," "interior design services" or the substantial equivalent thereof provided that the design services advertised, offered or performed:

1. Are limited to the function of the interior space within an existing or proposed building;

2. Do not affect the means of egress and life safety of the building, nor involve any alteration or modifications of the building's existing or proposed structure, seismic integrity, or partitions that affect the means of egress and life safety, or its electrical, mechanical, HVAC (heating, ventilation and air conditioning) or plumbing systems;

3. Do not require or involve the skill, training or expertise of a licensed architect; and

4. Do not include the production of construction documents, which consist of, but are not limited to, those drawings or specifications necessary to support an application for a building or other construction permit.

(g) An architect is permitted to render architectural services as an agent, director, member, officer, shareholder, associate, employee or partner of a person whose principal business is space planning services, interior design services or the substantial equivalent thereof if the architect, at all times, exercises independent professional judgment in the rendering of architectural services and adheres to the requirements set forth in N.J.S.A. 45:3-1 et seq. and this chapter.

(h) Nothing in this section shall prohibit any person or entity authorized by law to render professional engineering services from utilizing the terms set forth in (d) above in connection with the advertising of professional engineering services.]

13:27-3.3 Advertising of design services by others; unlicensed practice of architecture

(a) A builder registered pursuant to the "New Home Warranty and Builder's Registration Act" (N.J.S.A. 46:3B-1 et seq.) or a home improvement contractor may advertise or offer to perform "design services" either in the construction of one- or two-family homes or in connection with the demolition, enlargement or alteration thereto. A builder or home improvement contractor shall render such services only to the owner-occupant of such dwellings.

(b) An advertisement for design services by a builder or home improvement contractor pursuant to (a) above shall not in any way be limited except as set forth in (c) below, and may contain the following terms or their substantial equivalent:

1. Construction design services;

2. Design;

3. Design services;

4. Design/build;

5. Design/build services; and/or

6. Building design services.

(c) Builders and home improvement contractors shall not advertise, offer or perform design services that involve the preparation of construction documents, including, but not limited to, those that consist of drawings or specifications necessary to support an application for building or other construction permits. Any documents prepared by builders or home improvement contractors shall not contain a title block.

(d) A person not authorized to render architectural service may utilize the terms "space planning," "interior design," "interior design service" or the substantial equivalent thereof, provided that the design services advertised, offered or performed:

1. Are limited to the function of the interior space within an existing or proposed building;

2. Do not affect the means of egress and life safety of the building, nor involve any alteration or modifications of the buildings existing or proposed structure, seismic integrity or partitions that affect the means of egress and life safety, or its electrical, mechanical, HVAC (heating, ventilation and air conditioning) or plumbing systems;

3. Do not require or involve skill, training or expertise of a licensed architect; and

4. Do not include the production of construction documents necessary to support an application for any construction permit.

(e) Nothing in this section shall prohibit any individual or entity authorized by law to render professional engineering services from utilizing the terms set forth in (b) above in connection with the advertising of professional engineering services.

(f) No person, except an architect licensed in the State of New Jersey , shall use the title "architect" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice architecture in this State.

13:27-[3.3] 3.4 Single family dwelling exemption

(a) (No change.)

(b) A person may design the dwelling and all appurtenances thereto, prepare the construction [drawings] documents and file the construction [drawings] documents with an affidavit indicating the name of the person who drew the construction [drawings] documents .

(c) In lieu of personally preparing the construction [drawings] documents , a person may utilize pre-prepared (commercially published, available to the public) construction [drawings which bear] documents that include a certification that they were originally prepared by an architect licensed in any United States' jurisdiction, provided [these] that the construction documents are reviewed, signed, sealed and adapted to the specific site by a New Jersey licensed architect. By signing and sealing these construction documents, the New Jersey licensed architect assumes full responsibility for said construction documents, just as if the construction documents, were prepared under the direct supervision of the architect.

[(d) A person, in lieu of personally constructing the residence, may engage others to perform the work.]

[13:27-3.4 (Reserved)]

13:27-3.5 Restrictions in title

(a)-(b) (No change.)

[page=2207] (c) When any partner, [shareholder,] associate, member or other licensed professional whose name is used in the title ceases to be a member of a firm or partnership for any reason including death or disability, then the title of the firm shall be changed within two years of the disassociation. This requirement does not apply to an organization established as a professional service corporation pursuant to N.J.S.A. [14A-17.1] 14:17-1 et seq. , or a corporation or a limited liability company authorized to practice architecture following issuance of a Certificate of Authorization pursuant to N.J.A.C. 13:27-4.8.

SUBCHAPTER 4. LICENSING REQUIREMENTS; BIENNIAL RENEWAL; CERTIFICATES OF AUTHORIZATION

13:27-4.2 Applicant with a degree from a college or university not accredited by NAAB

(a) An applicant with a degree from a college or university that is not accredited by the National Architectural Accrediting Board (NAAB) shall obtain, at his or her own expense, and submit to the Board, either:

1. (No change.)

2. If the "Detailed" evaluation does not certify equivalency, a "Comprehensive" evaluation outlining specific academic deficiencies shall be required . The application will not be considered until those academic requirements are completed.

13:27-4.3 Architect Registration Examination (ARE) administered by the National Council of Architectural Registration Boards (NCARB) [: subjects covered]

[(a) A candidate shall be eligible for licensure as a registered architect as follows:

1. Upon successful completion of all divisions of the Architect Registration Examination (ARE) 4.0: Programming Planning and Practice; Structural Systems; Building Systems; Building Design and Construction Systems; Construction Documents and Services; Site Planning and Design; and Schematic Design, if the candidate has not taken and passed any division of ARE 3.1 before May 2008;

2. Upon successful completion of all divisions of ARE 3.1 by June 30, 2009, if the candidate has passed at least one division of ARE 3.1 before May 2008; or

3. Upon successful completion of all divisions of ARE 4.0 that correspond to the ARE 3.1 divisions, as provided in National Council of Architectural Registration Boards (NCARB) transition chart, that the candidate has not passed by June 30, 2009. The NCARB transition chart is incorporated herein by reference and can be found on the NCARB website at www.ncarb.org/arc/40/transitionchart.web.pdf.

(b) After June 30, 2009, (a) 1 and 2 above no longer will be applicable, and all candidates, with the exception of those under (a)3 above, will be required to pass all divisions of ARE 4.0]

(a) Applicants are required to successfully complete all divisions of the ARE administered by the NCARB.

[(c)] (b) A professional engineer licensed in the State of New Jersey in good standing, holding an accredited degree in engineering, and without restriction , [of] complaint or charge of illegal practice of architecture, shall be eligible for licensure as a registered architect upon successful completion of the ARE [as set forth in (a) and (b) above].

[(d) Each division of the examination successfully passed shall be credited to the record of the candidate and may be carried over for five years after September 6, 2005, or the date that the division was passes successfully, whichever is later.]

13:27-4.7 Issuance of certificates and seal presses

(a)-(e) (No change.)

(f) [The] Upon approval by the Board, the family of a deceased architect may retain an architect's seal press as a memento. The family shall be responsible for the safekeeping of the seal press to prevent its use in the illegal practice of architecture.

SUBCHAPTER 5. RULES OF PROFESSIONAL CONDUCT

13:27-5.3 Conflict of interest

(a)-(d) (No change.)

(e) An architect is permitted to render architectural services as an agent, director, member, officer, shareholder, associate, employee or partner of a person whose principal business is "space planning services," "interior design services" or the substantial equivalent thereof if the architect, at all times, exercises independent professional judgment in the rendering of architectural services and adheres to the requirements set forth in N.J.S.A. 45:3-1 et seq., and this chapter.

SUBCHAPTER 6. [SEALS;] GENERAL REQUIREMENTS FOR A TITLE BLOCK[S]

( Agency Note: N.J.A.C. 13:27-6.1 is proposed for recodification with amendments as N.J.A.C. 13:27-6.3.)

13:27-[6.2] 6.1 Title block on [drawings] construction documents ; general requirements; form; removal

(a) A title block shall appear on all [drawings] construction documents and site plans , as well as documents submitted for public approval or permit application . Title block information is not required on renderings or sketches . Similar information shall appear on the title page of all specifications [which] that are prepared, signed and sealed by the architect in responsible charge.

(b) The title block shall be in such form as set forth in N.J.A.C. 13:27-[6.7] 6.2 .

(c)-(f) (No change.)

13:27-[6.3] 6.2 (No change in text.)

13:27-[6.1] 6.3 Signing and sealing construction documents

(a) Construction [drawings] documents and the title pages of the specifications for filing with a public agency or for the owner's legal documentation requirements shall be dated, signed and sealed by the architect in responsible charge in one of two ways:

1.-2. (No change.)

(b) (No change.)

(c) An architect shall seal [architectural] construction documents only with seal presses purchased or exchanged through the Board.

SUBCHAPTER 7A. DESIGN BUILD CONTRACTS

13:27-7A.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:

. . .

["Immediate family" means a person's spouse and children, the person's siblings and parents, the person's spouse's siblings and parents, and the spouses of the person's children.]

. . .

SUBCHAPTER 9. INTERIOR DESIGN EXAMINATION AND EVALUATION COMMITTEE; CERTIFICATION OF INTERIOR DESIGNERS; CERTIFIED INTERIOR DESIGNER STANDARDS OF PRACTICE

13:27-9.11 Continuing education programs and courses

(a) The certificate holder may obtain continuing education credit as follows:

1. Seminars, conferences, courses and other programs offered for the purpose of keeping the certificate holder informed of advances and new developments in the profession and [approved by the] in accordance with the 2010 Interior Design Continuing Education Council (IDCEC) Presenters Guide for Interior Design Continuing Education Presentations and Programs, incorporated herein by reference, as amended and supplemented, and available at www.idcec.org: one hour for each hour of attendance;

2. Successful completion of interior design graduate course work from a program accredited by the CIDA or a substantially equivalent program as determined by the Committee in a manner consistent with N.J.A.C. 13:27-9.4(e) taken beyond that required for professional certification: a maximum of five hours for each course; [or]

[page=2208] 3. Courses, programs or seminars offered or approved by the New Jersey Department of Community Affairs that are directly related to the practice of interior design: one hour for each hour of attendance[.] ; or

4. A certificate holder may obtain approval for attendance at a seminar, conference or other program that meets the Committee's continuing education requirements. For approval prior to attendance at a seminar, conference or other program, the certificate holder shall submit to the Committee a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours 60 days prior to enrollment. For approval subsequent to attending a seminar, conference or other program, the certificate holder shall submit to the Committee a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours together with written verification of attendance.

   
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