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NEW JERSEY REGISTER
VOLUME 37, NUMBER 6
MONDAY, MARCH 21, 2005
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS
STATE BOARD OF ARCHITECTS RULES

Proposed Readoption with Amendments: N.J.A.C. 13:27

Proposed Repeals: N.J.A.C. 13:27-2.7, 3.4, 4.3, 4.4, 4.5, 4.6, 4.10, 6.1, 6.2, 6.3, 6.4, 8.7, 8.8, 8.10, 8.13, 8.15 and 8.16

Proposed New Rules: N.J.A.C. 13:27-4.5, 4.6, 4.7, 4.8, 4.9, 8.7 and 8.8

Proposed Recodifications with Amendments: N.J.A.C. 13:27-4.8 as 4.3, 4.9 as 4.4, 6.5 as 6.1, 6.7 as 6.3 and 6.8 as 6.4

Authorized By: New Jersey State Board of Architects, James Hsu, 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 2005-105.

Submit written comments by May 20, 2005 to:

James Hsu, 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 Executive Order No. 66(1978) and N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on August 17, 2005. 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 which are proposed as part of this readoption.

Subchapter 1 outlines the purpose and scope of the rules. N.J.A.C. 13:27- 1.1 sets forth the purpose of the rules which is to provide for the regulation of architects in the State pursuant to N.J.S.A. 45:3-1. N.J.A.C. 13:27- 1.2 sets forth the scope. 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 delineates the Board's meetings and quorum requirements as well as provides for a process for requesting the appropriate authority to replace Board members who are chronically absent and/or fail to participate. N.J.A.C. 13:27-2.4 provides for the election of officers, the term of office and the election of an officer to fill a vacant 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. The Board proposes to repeal N.J.A.C. 13:27-2.7, which requires the Board to issue a roster every two years of architects and landscape architects registered in the State of New Jersey, including a copy of all applicable rules and code data, because this information is available on a continuous basis by the Board on the Division's website, and, therefore, there is no longer a need for this rule.

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 proposes to amend definition of "advertisement" to clarify specific examples of advertising to include professional stationery, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), telephones when used for the purpose of solicitation and any other print media. The example of business card is proposed to be deleted since the Board believes that some business cards can be used for identification purposes which would not constitute advertising; however, business cards when used to solicit business would still be considered to be advertisement under the definition since they are print media in which architectural services are offered or by which the availability of architectural services is made known. The Board proposes to delete the definition of advertiser since that term will no longer be used in the proposed rule readoption. The Board proposes to establish a new definition for " 'architectural business association' or 'architectural business entity' " which comes from existing rule N.J.A.C. 13:27-3.2 since this term is used in several places in the rules. The Board also proposes to amend the terms " 'architectural services' or 'practice of architecture' " and "closely allied professional" and add a new definition for "interior design services" to be consistent with the current statutory definitions. The Board proposes to amend the definition of "person" to clarify that it means any individual, partnership, corporation or any other business entity. N.J.A.C. 13:27-3.2 delineates the scope of architectural services and specifies the content of advertisements. Additionally, the rule specifies the scope of services performed and the content of advertisements placed by builders and home improvement contractors relating to "design services." The Board proposes to amend the advertising requirements to clarify that advertisements for architectural services include a term which is descriptive of the professional services to be rendered; to require the advertisement include the name and license number of an architect, and if applicable, the name of the architect's architectural business entity; to make each architect who is a principal, partner or officer of an architectural business entity responsible for the form and content of the advertisements; to require that a copy of the advertisement be retained for a period of three years from the date of the last authorized publication or dissemination of the advertisement which must be made available for Board review upon request; and to clarify that a violation of the rule is deemed to be professional misconduct. The Board proposes a technical amendment to subsection (c) to correct the citation to the "New Home Warranty and Builder's Registration Act." The Board proposes a new subsection (g) to clarify that an architect is permitted to render architectural services if the architect is associated in specific capacities with a person whose principal business is space planning services or interior design services as long as the architect exercises independent professional judgment and adheres to the requirements of N.J.S.A. 45:3-1 et seq. and this chapter. N.J.A.C. 13:27- 3.3 provides a single family exemption which permits an individual to act as a designer of a detached single family dwelling under limited circumstances. The Board proposes to repeal N.J.A.C. 13:27-3.4, which prohibits the use of impersonal names by individuals, firms or associations unless they have formed a professional service corporation, general business corporation or limited liability company, because the Board believes the new advertising requirements will foster greater consumer protection. N.J.A.C. 13:27-3.5 specifies the various restrictions associated with using the title of sole proprietorship or associate as well as the circumstances which require a change in the title of a firm. The Board proposes an amendment to remove the modifier "general business" regarding corporations that may be issued certificates of authorization to be consistent with other rules in the chapter and to provide reference to the rules that provide for the issuance of certificates of authorization. N.J.A.C. 13:27-3.6 outlines the requirements for notification of a change of address and service of process.

Subchapter 4 outlines the Board's licensing procedures, and the Board proposes to amend the title to clarify that the subchapter will concern licensing requirements, biennial renewal and certificates of authorization. The Board proposes to amend N.J.A.C. 13:27-4.1 to clarify the admission requirements for the architect licensure examination include at least three years in the Intern Development Program or equivalent experience which must be attained in no less than 36 calendar months. The Board also proposes amendments to delete language that made a distinction between pre-January 1, 1998 applicants and subsequent applicants since this language is now anachronistic. N.J.A.C. 13:27-4.2 provides that applicants with foreign degrees must have their degrees evaluated prior to being considered for admission to the examination. The Board proposes to amend this section so that this section applies to applicants from any college or university that is not accredited by the National Architectural Accrediting Board (NAAB) since there are also some domestic colleges and universities that are not accredited by the NAAB. The Board proposes to repeal N.J.A.C. 13:27-4.3, 4.4, 4.5 and 4.6, which relate to qualifications of pre-January 1, 1998 applicants, because they are anachronistic. The Board proposes a new N.J.A.C. 13:27-4.6 as a new rule to include the procedures for license issuance and renewal, inactive status and the reinstatement of a suspended or inactive license. Licenses will be issued for two years and renewed biennially. The proposed new rule sets forth renewal application procedures, late fees, and the expiration of an unrenewed license. The Board proposes an amendment to codify the requirement in N.J.S.A. 45:1- 7.1 which states that the Board must provide at least 60 days' notice for renewal, and in the event that less than 60 days' notice is provided, no monetary fine or penalty may be assessed. Additionally, the proposed new rule sets forth the process to change the licensee's status from inactive to active and for the reinstatement of a license which has been automatically suspended for non-renewal. An individual seeking reinstatement of a license which has been automatically suspended for a period of five or more years or who seeks to reactivate an inactive license after five or more years will also have to demonstrate that he or she has maintained proficiency and may be required to submit to an examination or other requirements determined by the Board. The Board proposes a new rule at N.J.A.C. 13:27-4.7, which is presently reserved, that would combine the requirements found at N.J.A.C. 13:27-6.1 and 6.4 so that the section is comprehensive concerning the requirements regarding the issuance of certificates and seal presses. Specifically, as proposed, N.J.A.C. 13:27-4.7 sets forth the contents required on seal presses and states that certificates and seal presses are the property of the State and must be returned if the license is suspended, revoked and not renewed. Furthermore, the section also sets forth the procedures for obtaining duplicate and replacement certificates and seal presses. N.J.A.C. 13:27-4.8, which the Board proposes to recodify at N.J.A.C. 13:27-4.3, lists the subjects covered in the architect examination. The Board proposes to amend the section to remove reference to specific divisions of the examination because these divisions are subject to change. The Board also proposes to limit the length of time that successfully passed divisions are valid for licensing to five years; presently, results of successfully passed divisions may be carried forward indefinitely despite the fact that the applicant may have passed that division many years prior to licensing and practice.

N.J.A.C. 13:27-4.9, which the Board proposes to recodify at N.J.A.C. 13:27-4.4, outlines the procedures by which a professional engineer in New Jersey is eligible for licensure as an architect. The Board proposes to repeal and relocate N.J.A.C. 13:27-4.10, which permits licensure by persons who are licensed in another United States jurisdiction, to N.J.A.C. 13:27-4.5 and proposes to revise the section to change the section's heading to "Licensure by credentials" instead of "Registration by reciprocity," to make a few minor technical changes to clarify that an applicant may have been granted a registration or license by another jurisdiction, and to delete language which would allow an applicant, who received a registration or license from a jurisdiction with lesser requirements, to substitute subsequent or additional experience for that lacking qualification. This proposed change is consistent with N.J.S.A. 45:3-6, which requires that the qualifications for licensure of other jurisdictions be substantially equivalent to New Jersey's requirements when an applicant from that jurisdiction applies for licensure without having to meet all of the Board's initial licensing requirements. The proposed amendments also clarify that a person may apply under this section even if the jurisdiction where the applicant is licensed has lesser standards so long as the applicant meets this State's requirements. The Board proposes a new rule at N.J.A.C. 13:27-4.8 to clarify the requirements for the issuance of certificates of authorization to corporations, except for professional service corporations, and limited liability companies as required under N.J.S.A. 45:3-18. Applicant firms for certificates of authorization must provide information concerning the firm's name and address; the names, addresses, license numbers and signatures of all officers, board members, directors, principals and licensees in responsible charge as well as closely allied professionals; the amount and percentage of all owners of the firm; the name and address of the firm's agent for service of process in this State; a certified copy of the applicable Certificate of Formation or Incorporation as well as the Certificate of Authority issued by the New Jersey Division of Revenue, if applicable; and a copy of the most current annual report filed with the New Jersey Division of Revenue. This section also requires that the certificate of authorization designate all New Jersey licensees who are in responsible charge for the firm and that all final drawings, papers and documents involving the practice of architecture issued by the firm or filed for public record must be signed and sealed by the licensee in responsible charge. The new rule also establishes a continuing duty for the firm and licensees in responsible charge to inform the Board of any change in the information provided to the Board, including the annual report filed with the Division of Revenue. The proposed rule states that misrepresentation of any information provided to the Board or failure to provide required information may be deemed to be professional misconduct. The Board proposes a new rule at N.J.A.C. 13:27-4.9 to clarify and relocate the requirements for the biennial renewal of certificates of authorization that are presently codified at N.J.A.C. 13:27-6.2. The Board proposes to repeal and reserve N.J.A.C. 13:27-4.10, concerning the registration of architects by reciprocity, because the Board is rewriting these requirements under proposed new rule N.J.A.C. 13:27-4.5 as noted above. The Board proposes several technical amendments to its fee schedule at N.J.A.C. 13:27-4.11 for consistency with other amendments in this proposal. In addition, the roster fee is repealed because it is not necessary since the public may obtain the roster on the Division's website or by making a public information request. The Board proposes a new $50.00 late fee and $300.00 reinstatement fee related to the issuance of certificates of authorization.

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 the reporting and documentation requirements by licensees regarding their continuing education activities. N.J.A.C. 13:27-4A.5 sets forth the requirements concerning the obligations of licensees to submit to an audit of their continuing education activities. N.J.A.C. 13:27-4A.6 allows for 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 provides that an architect shall 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 decisions made in the course of their work, by an employer or client against the architect's advice which 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 specifies the conduct and circumstances that give rise to a conflict of interest. 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, Professional practice and procedure, specifies that each office maintained for the purpose of providing architectural services shall have an architect in responsible charge and further specifies the circumstances when a licensee shall be deemed not to be in responsible charge. The Board proposes an amendment to clarify that there is an exception in N.J.S.A. 45:3-17b, also codified in N.J.A.C. 13:27-3.2(g), when an architect may aid an unlicensed individuals in the practice of architecture by permitting the architect's name, seal and/or signature to be used in connection with an individual, firm or corporation not authorized by law to practice architecture.

Subchapter 6 contains the requirements for certificates, seals and title blocks. The Board proposes to repeal N.J.A.C. 13:27-6.1 and add its text as a new rule at N.J.A.C. 13:27-4.7 with changes that would combine requirements found in N.J.A.C. 13:27-6.4 so that the section is comprehensive concerning the requirements regarding the issuance of certificates and seal presses. The Board proposes an amendment that denotes the contents of the seal which is issued to licensees. The Board proposes to repeal N.J.A.C. 13:27-6.2, concerning the renewal of licenses and certificates of authorization, because the elements of the rule are proposed to be recodified in N.J.A.C. 13:27-4.6, License renewals, and 13:27-4.9, Certificate of authorization renewals. The Board proposes to repeal N.J.A.C. 13:27-6.3, concerning the reinstatement of licenses, because the elements of the rule are proposed to be recodified under N.J.A.C. 13:27-4.6, License renewals. The Board also proposes to repeal N.J.A.C. 13:27-6.4, concerning the requirements and use of seals, because the elements of this rule are proposed to be recodified under N.J.A.C. 13:27-4.7. The Board proposes to recodify N.J.A.C. 13:27-6.5, which sets forth the requirements for signing and sealing documents, at N.J.A.C. 13:27-6.1 and to amend that section to clarify that an architect must seal architectural documents only with seal presses purchased or exchanged through the Board. N.J.A.C. 13:27-6.6, which the Board proposes to be recodified at N.J.A.C. 13:27-6.2, sets forth the general requirements and the form for a title block on drawings and site plans and provides that no person shall remove a title block from any print, reproduction or electronic media. N.J.A.C. 13:27-6.7, which the Board proposes to be recodified at N.J.A.C. 13:27-6.3, specifies the form and content of title blocks for architects practicing as individuals or sole proprietors, or when two or more architects practice as a firm, partnership, or limited liability partnership, or as professional service corporation or general business corporation. In addition to several grammatical and technical amendments, the Board proposes amendments to this section to clarify the title block standards when closely allied professionals are also involved in the project. The Board proposes to amend subsection (d) to make the section consistent with N.J.A.C. 13:27-4.8 which concerns the issuance of certificates of authorization. The Board proposes a new subsection (f), and the Board proposes amendments to former subsection (f), which the Board proposes to recodify at subsection (g), are proposed to clarify title block requirements when an architect performs work for an interior designer or space planner. The Board proposes to recodify N.J.A.C. 13:27-6.8, which provides that an architect may submit a proposed form of title block for Board approval, at N.J.A.C. 13:27-6.4. The Board proposes a technical amendment to clarify the name of the Board.

Subchapter 7 provides for the permissible division of responsibility in the preparation and submission of site plans and major subdivision plats. N.J.A.C. 13:27-7.1 specifies that all words, terms and phrases used in the subchapter shall be defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and that preparation and submission of a preliminary or final site plan or major subdivision plat shall be 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 provides for the exclusion of informal site plans not required by local ordinance 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. N.J.A.C. 13:27- 7A.2 establishes the notice requirements for a design build contract between the contractor and the owner or developer to ensure that there is a notice regarding the name and address of the architect engaged by the contractor pursuant to a separate written contract as well as other specific wording requirements in the contract. N.J.A.C. 13:27-7A.3 requires that in addition to any other contractual terms and conditions agreed to between the architect and contractor other specified terms and conditions be included regarding the independent status of the architect and duties of the architect required by this rule. 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 in writing, obtain written consent from the owner or developer, and 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 requests or directs the architect to make fundamental changes in those design or construction documents. In this circumstance, the architect shall not proceed with the changes unless the owner or developer and the contractor agree to the changes. N.J.A.C. 13:27-7A.6 requires the 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 certified landscape architects. The Board, upon recommendation by the Landscape Architect Examination and Evaluation Committee (Committee), a sub-committee of the State Board of Architects, proposes several amendments throughout the subchapter to update these rules and to clarify their application. The Board proposes to readopt, without amendment, N.J.A.C. 13:27-8.1, which defines the words and terms used throughout the subchapter, and N.J.A.C. 13:27-8.2, which provides that the office of the Committee shall be maintained by the Board. The Board also proposes to readopt without amendment N.J.A.C. 13:27-8.3, which delineates the Committee's meetings, quorum and recordkeeping requirements, and N.J.A.C. 13:27-8.4 which provides that approved programs are those accredited by Landscape Architectural Accreditation Board of the American Society of Landscape Architects. The Board proposes to repeal and rewrite N.J.A.C. 13:27-8.5, which sets forth the application process for initial certification as a landscape architect. The Board, upon recommendation by the Committee, proposes to reorder the existing provisions of this section to clarify the application process, specifically what steps an applicant must take and what type of documentation is required to be considered for certification as a landscape architect. In addition, the proposed changes clarify that an applicant may take the Landscape Architect Registration Examination (LARE) prior to application or may have his or her credentials reviewed and obtain conditional approval pending successful completion of the LARE. Furthermore, changes to this section state that the LARE and New Jersey specific examination must be successfully completed within five years of application for certification. N.J.A.C. 13:27-8.6 concerns certification without LARE examination by applicants already holding licensure or certification from other jurisdictions in the United States. The Board, upon recommendation by the Committee, proposes to delete a significant portion of the rule and rewrite the section to clarify the application process and to make the section consistent with the requirements in N.J.A.C. 13:27-8.5. In addition, the Board proposes several other amendments to clarify that the "UNE" is the "Uniform National Examination" and that applicants holding certification from the Council of Landscape Architectural Registration Boards (CLARB) are responsible for arranging that the Board receive the certificate from CLARB.

N.J.A.C. 13:27-8.7, concerning certifications and renewals, is repealed and replaced with a rule concerning certification, biennial certification renewal, suspensions, reinstatements, and changes to and from inactive status. This rule is nearly identical to the Board's proposed rule for architects at N.J.A.C. 13:27-4.6. Certificates will be issued for two years and renewed biennially. The proposed new rule sets forth renewal application procedures, late fees, and the process relating to the expiration of an unrenewed certificate. The Board proposes an amendment to codify the requirement in N.J.S.A. 45:1-7.1 which states that the Board must provide at least 60 days' notice for renewal, and in the event that less than 60 days' is provided, no monetary fine or penalty may be assessed. Additionally, the proposed new rule sets forth the process to change the certificate holder's status from inactive to active and for the reinstatement of a certificate which has been automatically suspended for non- renewal. An individual seeking reinstatement of a certificate which has been automatically suspended for a period of five or more years or who seeks to reactivate a certificate after five or more years will also have to demonstrate that he or she has maintained proficiency and may be required to submit to an examination or other requirements determined by the Committee. The Board, upon recommendation by the Committee, proposes to repeal N.J.A.C. 13:27-8.8, concerning duplicate certificates, and replace the section with a more comprehensive rule concerning the display of certificates and their replacement and providing duplicate certificates. The new rule provides clarification concerning the certificate holder's responsibilities and obligations to display the certificate and for obtaining a replacement or duplicate certificate. N.J.A.C. 13:27-8.9 contains provisions for sealing and signing documents. The Board proposes to amend the section to clarify that the certificate holder is required to return the seal press to the Board in the event that the Board suspends or revokes the certificate or if the certificate holder fails to renew the certificate. In addition, the Board proposes amendments to clarify that all working drawings and specifications must be signed by a certified landscape architect consistent with N.J.S.A. 45:3A-13. The Board proposes to repeal N.J.A.C. 13:27-8.10, which contains the provisions for certification renewal and confirmation of completion of continuing education, because these provisions have been recodified under N.J.A.C. 13:27-8.7. The Board proposes an amendment to N.J.A.C. 13:27-8.11, which requires certified landscape architects to obtain continuing education as a requirement to certification renewal, to reduce the minimum number of hours of continuing education from 30 to 24 in a biennial renewal period and to eliminate the carry forward of excess continuing education hours to the next renewal period. The Board proposes these amendments because the Committee believes 30 hours to be excessive because the practice of landscape architecture is not undergoing significant change and the amendment will allow New Jersey to be in line with the number of hours required in the majority of other jurisdictions that certify landscape architects. The elimination of carry forward hours will provide greater administrative efficiency in reviewing certificate holders records during audit and together with the reduction in the number of hours will reduce the administrative burden on certificate holders while maintaining a high level of accountability and competency of certificate holders. In addition, the proposed amendments to this section would combine the waiver provisions under N.J.A.C. 13:27-8.15 and clarify that waiver includes extensions and modifications of the continuing education requirements.

The Board proposes to amend N.J.A.C. 13:27-8.12, concerning continuing education programs and courses, to combine and clarify the calculation of continuing education hours which is presently contained in N.J.A.C. 13:27- 8.13 and to eliminate the ability of the Committee to independently approve courses and programs for continuing education. The Committee believes that due to time constraints and in furtherance of administrative efficiency, consumers will be better served if certificate holders are required to fulfill their continuing education requirements through attendance at offerings approved by the Council of Landscape Architectural Registration Boards, graduate course work, and attendance at offerings by the New Jersey Department of Environmental Protection that are directly related to the practice of landscape architecture. The Board proposes to repeal and reserve N.J.A.C. 13:27-8.13 because the Board proposes to combine its provisions with N.J.A.C. 13:27-8.12. The Board proposes to amend N.J.A.C. 13:27-8.14, concerning compliance with continuing education, including its heading, to clarify that the documentation and audit requirements for certificate holders be consistent with the proposed changes to the allowable continuing education pursuant to N.J.A.C. 13:27-8.12. The Board proposes to repeal and reserve N.J.A.C. 13:27-8.15, which concerns waiver of continuing education requirements, because its provisions are proposed to be combined with N.J.A.C. 13:27-8.11 as noted above. The Board proposes to repeal and reserve N.J.A.C. 13:27-8.16, which concerns the responsibilities of continuing education sponsors, because the section is unnecessary since, as proposed, the Committee would no longer review and approve courses and programs. The Board proposes that the changes to the continuing education requirements contained in N.J.A.C. 13:27-8.11 through 8.16, as described above, become operative on June 1, 2006, to coincide with the next biennial renewal period. The Board proposes to readopt N.J.A.C. 13:27-8.17, which concerns continuing education credit by endorsement, with minor grammatical amendments and a heading change to "Credit by endorsement" from "Credit by reciprocity." The Board proposes to readopt N.J.A.C. 13:27- 8.18, which concerns the committee certificate for endorsement of continuing education hours, with a minor technical amendment to clarify the name of the Board under the rule. The Board proposes to amend N.J.A.C. 13:27-8.19, the rules of professional conduct, to clarify that the rule applies to certified landscape architects and to provide under subsection (n) a definition of "advertisement" which is consistent with the definition used for architects. The Board proposes to amend N.J.A.C. 13:27-8.20, which contains restrictions on advertising and offering services by individuals who are not certified as landscape architects, to condense the section to make the section easier to read. The Board also proposes to readopt the fee schedule at N.J.A.C. 13:27- 8.21 with amendments to clarify the fee names, to include a new inactive fee that would be set by the Director of Consumer Affairs by rule, to eliminate the reciprocity fee and the roster fee consistent with the proposed changes discussed above, and to increase the New Jersey examination fee when the examination is given by the Board in order to make the fee consistent with the fee charged by the Council of Landscape Architectural Registration Boards. The Board proposes to amend N.J.A.C. 13:27-8.22, which provides for the notification of change of address and service of process, to clarify when service of process to a certificate holder's address will deemed to be adequate notice for the commencement of any disciplinary proceedings.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirements, 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 and landscape architecture. These rules establish the requisite standards of licensure and certification in the State and positively affect the regulated community by clarifying the varied aspects of architecture and landscape architecture practice for the benefit of all licensed architects and landscape architect certificate holders as well as applicants seeking licensure as architects or landscape architect certificate holders. The readoption of N.J.A.C. 13:27 is essential in order for the Board to continue to regulate the practice of architecture and landscape architecture, to identify those individuals who are qualified to render architectural and landscape architectural services and to ensure that every licensee and certificate holder is aware of the procedures involved with licensure and the practice of architecture and landscape architecture.

The readoption continues the accepted standards of architecture and landscape architecture services, and by so doing, provides licensees and certificate holders with a clear and comprehensive set of rules to guide them in their professional practice. Applicants will benefit by having a set of rules which establish the manner in which they may qualify for licensure or certification. 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 will have a positive impact upon the general public by continuing to safeguard the public health safety and welfare, by ensuring the maintenance of professional practice standards which will enable licensees and certificate holders to provide the highest quality professional service in the practice of architecture and landscape architecture.

The Board believes that the proposed amendments 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. The Board's requirements for each are now more clearly stated and the rules flow in a more logical sequence that can be followed more easily. Additionally, the amendments include provisions relating to the application process which are not currently contained in the rules. Having applicants know what requirements they must fulfill is beneficial to the Board as well as to the applicants. The Board benefits because applicants will be more likely to fill out the application properly and submit the requisite documentation thereby making it easier for the Board to ascertain whether or not applicants are qualified, resultantly saving time and effort on behalf of all parties involved.

Economic Impact

The Board anticipates that the rules proposed for readoption will impose some new or additional costs upon applicants for licensure and certificate holders, licensees and certificate holders. These new and additional costs include: the possible printing of new letterhead; business cards, if appropriate; changes to websites, etc. to conform with the new advertising requirements; the possible additional examination fees for those whose examination scores will exceed five years prior to qualifying for a license or certificate; late and reinstatement fees for firms requiring certificates of authorization and submit late applications or require reinstatement; and an increased New Jersey examination fee for those who take a Board-administered examination. 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 proposed readoption of the existing rules will continue the economic impact that the rules have had on such persons for the past five years.

The readoption of the existing rules in N.J.A.C. 13:27 and the proposed amendments impose economic costs as follows: N.J.A.C. 13:27-4.11 sets forth 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 licensure and late fees, and reinstatement fees for 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 proposed reduction in the minimum number of continuing education hours will most likely reduce this related cost. 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 proposed readoption with amendments is significantly outweighed by the necessary consumer 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 proposed readoption with amendments 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, repeals and new rules 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, repeals, and new rules 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, repeals, and new rules will not have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to provide a description of the types and an estimate of the number of small businesses to which the proposed readoption with amendments will apply. If, for purposes of the Act, the 7,000 licensees and 600 certificate holders of the Board and the Committee under the Board are considered "small businesses," then the following analysis applies. The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements, including the kind of professional services likely to be needed to comply with the requirements of N.J.A.C. 13:27. The rules which the Board proposes for readoption will continue to impose reporting, recordkeeping and compliance requirements upon licensees and certificate holders.

Subchapter 3 imposes various reporting and compliance requirements upon licensees. 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 any advertisement would have to be maintained for a period of three years after its last authorized publication or dissemination. In addition, N.J.A.C. 13:27-3.2 imposes compliance requirements on builders and other individuals, limiting the content of advertisements and scope of permissible services. N.J.A.C. 13:27- 3.5 restricts licensees from using the title of sole proprietorship or associate and requires licensees to change the title of the firm in specified circumstances. N.J.A.C. 13:27-3.6 requires architects to provide the Board with notification of any address change 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 has been evaluated at the applicant's expense. N.J.A.C. 13:27-4.2, as proposed to be amended, 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. 13:27-4.6, as proposed, requires biennial renewal of licenses and sets forth the procedures for licensees to opt for inactive status, to reactivate an inactive license and to be reinstated. N.J.A.C. 13:27-4.10 requires applicants seeking registration by credentials to meet various eligibility requirements and submit to the Board references, records and evidence of satisfactory competence. N.J.A.C. 13:27- 4.8 sets forth the requirements for 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 sets forth the continuing education requirements on licensees. N.J.S.A. 13:27-4A.2 sets the minimum number of continuing education hours required for renewal at 16 hours. N.J.A.C. 13:27-4A.4 sets forth the reporting and documentation requirements for licensees. N.J.A.C. 13:27-4A.5 requires licensees to submit to audits of continuing education as requested by the Board.

Subchapter 5 sets forth the rules of professional conduct and continues to impose compliance requirements. N.J.A.C. 13:27-5.1 establishes competence requirements. N.J.A.C. 13:27-5.2 imposes a duty to disclose information and a duty to terminate services in the event the architect becomes aware of a decision taken by an employer or client that is against the architect's advice and is a violation of applicable Federal, State, county or local statutes, regulations and ordinances. N.J.A.C. 13:27-5.3 contains conflict of interest requirements. N.J.A.C. 13:27-5.4 requires architects to make certain disclosures to clients regarding the architect's qualifications and scope of responsibilities. N.J.A.C. 13:27-5.5 establishes general professional practice and procedure requirements.

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. N.J.A.C. 13:27-8.4 requires applicants, who attended a school or program not accredited by the Landscape Architectural Board, to submit transcripts and course descriptions and in certain circumstances, make an appearance before the Board. N.J.A.C. 13:27-8.5 imposes compliance requirements to the extent that applicants for initial licensure must meet prescribed eligibility standards, submit an application form, provide various forms of documentation and pay a fee. Subsection (a) requires that applicants for initial certification as a landscape architect shall successfully complete the Landscape Architect Registration Examination (LARE) and an examination on issues specific to New Jersey and pay the initial certification fee, pay an application fee and submit documentation, which includes five personal references, a degree from a college or university accredited by the American Society of Landscape Architects and evidence that the applicant has engaged in practical landscape architectural work for two years after completion of the education requirement, one of which was on a full time basis under the direct supervision of a certified or licensed landscape architect, architect, professional planner or professional engineer. In addition, the applicant will be required to submit evidence that he or she has engaged in practical landscape architectural work for four years after completion of the education requirement, two of which must be under the direct supervision of a certified or licensed professional listed above. Furthermore, the applicant must pay the examination fees determined by the Council of Landscape Architectural Registration Boards.

N.J.A.C. 13:27-8.6, concerning certification as a landscape architect without LARE examination, continues to impose the requirements discussed in the summary above, pay an application fee, and submit documentation which includes five personal references, a degree from a college or university accredited by the American Society of Landscape Architects, proof that he or she has engaged in practical landscape architectural work for the prescribed period of time and has successfully passed the CLARB "UNE" or "LARE" examination or holds a current CLARB certification. In addition N.J.A.C. 13:27-8.6 imposes a requirement to submit to the Board, verification of licensure in good standing, a copy of the CLARB certificate, and payment of the examination fee for the New Jersey examination. N.J.A.C. 13:27-8.7 imposes requirements for renewal of certification as a Landscape Architect which include, payment of biennial renewal fees, possible late fees and reinstatement fees. N.J.A.C. 13:27-8.8 imposes compliance requirements for certificate holders regarding displaying their certificates and for those who are applying for a replacement or duplicate certificate. The rule indicates the limited situations in which a certified landscape architect may apply to have a replacement or duplicate certificate issued by the Board. N.J.A.C. 13:27-8.9 imposes compliance requirements for return of their seal presses under certain circumstances and that certified landscape architects have specific authentication procedures and must include certain data in their title blocks.

N.J.A.C. 13:27-8.11, concerning continuing education and as proposed to be amended, requires all certificate holders to fulfill the 24-hour continuing education requirement as a prerequisite for certification renewal. Additionally, the rule sets out the requirements for waiver, extension or other modification of the continuing education requirements. N.J.A.C. 13:27-8.12 imposes compliance requirements to the extent that certificate holders may only achieve continuing education hours from sources specified in the rule and for the specified activities. In addition, the rule sets forth the number of continuing education hours allotted for each type of approved continuing education activity and imposes a recordkeeping requirement upon certificate holders whereby landscape architects seeking to fulfill the 24-hour requirement must keep track of the activities in which they engage are engaged and the number of corresponding continuing education hours earned. N.J.A.C. 13:27- 8.14, concerning compliance with continuing education requirements, establishes various compliance, recordkeeping and reporting requirements. Specifically, certificate holders are required to confirm on the biennial application form that they have complied with the continuing education requirement. Additionally, as amended, N.J.A.C. 13:27-8.14 sets forth the documentation that must be retained as proof of attendance. 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 concerning a Committee certificate for endorsement of continuing education requires certificate holders seeking confirmation from the Committee of satisfactory completion of New Jersey's continuing education to participate in an audit to determine compliance. N.J.A.C. 13:27-8.19 sets forth the rules of professional conduct and contains various compliance and reporting requirements related to the profession and practice of landscape architecture. N.J.A.C. 13:27-8.21 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 address changes.

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, repeals, and new rules will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

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 repeals may be found in the New Jersey Administrative Code at N.J.A.C. 13:27-2.7, 3.4, 4.3, 4.4, 4.5, 4.6, 4.10, 6.1, 6.2, 6.3, 6.4, 8.7, 8.8, 8.10, 8.13, 8.15 and 8.16.

Full text of the proposed amendments and new rules follows :

<< NJ ADC 13:27-2.7 >>

<<+13:27-2.7 (Reserved)+>>

<< NJ ADC 13:27-3.1 >>

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:

"Advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, <<-business card->> <<+professional stationery, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises)+>>, radio, telephone <<+for the purpose of solicitation+>>, television, Internet, or any other <<+print or+>> electronic media in which architectural services are offered or by which the availability of architectural services is made known.

<<-"Advertiser" means a person offering architectural services in the State of New Jersey by way of an advertisement.->> ...

<<+"Architectural business association" or "architectural business entity" means a sole proprietorship of a licensed architect; a partnership, including a limited liability partnership, of licensed architects; a partnership, including a limited liability partnership, of closely allied professionals as defined by N.J.S.A. 45:3-1.1(f), including at least one licensed architect; a professional service corporation of persons providing closely allied professional services as defined by N.J.S.A. 14A:17-3, including at least one licensed architect, established pursuant to the "Professional Service Corporation Act" (N.J.S.A. 14A:17-1 et seq.); or a limited liability company established pursuant to the "Limited Liability Company Act" (N.J.S.A. 42:2B-1 et seq.) or a corporation either of which is required to hold a Certificate of Authorization from the New Jersey State Board of Architects pursuant to N.J.A.C. 13:27-4.8.+>>

"Architectural services" or "practice of architecture" means the rendering of <<-any of the following->> services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and <<+administration of+>> construction <<-supervision->> for the purpose of determining compliance with <<-construction documents->> <<+drawings and specifications+>>. ...

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

<<+"Interior design services" means rendering or offering to render services, for a fee or other valuable consideration, in the preparation and administration of interior design documents, including, but not limited to, drawings, schedules and specifications which pertain to the design intent and planning of interior spaces, including furnishings, layouts, non-load bearing partitions, fixtures, cabinetry, lighting location and type, outlet location and type, switch location and type, finishes, materials and interior construction not materially related to or materially affecting the building systems, in accordance with applicable laws, codes, regulations and standards.+>> ...

"Person" means any individual <<-or->><<+, partnership, corporation or any other+>> business <<-associations or->> entity. ...

<< NJ ADC 13:27-3.2 >>

13:27-3.2 Scope of architectural service; advertising

(a) (No change.)

(b) <<-No->> <<+Architects shall meet the following requirements concerning advertisements:+>>

<<+1. An+>> advertisement shall include <<-the terms->> <<+a term which is descriptive of the professional services to be rendered, such as+>> "architect," "architectural," <<-"architect on staff,"->> "architectural services," or the substantial equivalent thereof <<-unless the advertiser is a->> <<+and may be made only by an architectural+>> business <<-association->> <<+entity+>> authorized to render architectural services pursuant to N.J.S.A. 45:3-17 or 45:3-18. <<- Specifically, such services shall be rendered only by the following: a sole proprietorship of a licensed architect; a partnership, including a limited liability partnership, of licensed architects; a partnership, including a limited liability partnership, of closely allied professionals as defined by N.J.S.A. 45:3-1.1(f), including at least one licensed architect; a professional service corporation of closely allied professionals, including at least one licensed architect, established pursuant to the "Professional service Corporation Act" (N.J.S.A. 14A:17-1 et seq.); a general business corporation holding a Certificate of Authorization from the Board of Architects issued pursuant to N.J.S.A. 45:3-18; or a limited liability company holding a Certificate of Authorization, established pursuant to the "Limited Liability Company Act" (N.J.S.A. 42:2B-1 et seq.), which complies with N.J.S.A. 45:3-18(a) or (b).->>

<<+2. An advertisement shall include the name and license number of an architect and, if applicable, the name of the architect's architectural business entity.+>>

<<+3. Each architect, who is a principal, partner, or officer of an architectural business entity, shall be responsible for the form and content of any advertisement which offers to provide architectural services.+>>

<<+4. A copy of each advertisement shall be retained by each architect, who is a principal, partner or officer of an architectural business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.+>>

<<+5. Any architect or architectural business entity which uses an advertisement containing false or misleading information or which fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.+>>

(c) A builder registered pursuant to the "New Home Warranty and Builder's Registration Act" (N.J.S.A. <<-46B-1->> <<+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)-(f) (No change.)

<<+(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.+>>

<<-(g)->><<+(h)+>> (No change in text.)

<< NJ ADC 13:27-3.4 >>

<<+13:27-3.4 (Reserved)+>>

<< NJ ADC 13:27-3.5 >>

13:27-3.5 Restrictions in titles

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

(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 this disassociation. This requirement does not apply to an organization established as a professional service corporation pursuant to N.J.S.A. 14A-17.1, or a <<-general business->> corporation or a limited liability company authorized to practice architecture following issuance of a Certificate of Authorization pursuant to <<- N.J.S.A. 45:3-18->> <<+N.J.A.C. 13:27-4.8+>>.

SUBCHAPTER 4. LICENSING <<-PROCEDURES->> <<+REQUIREMENTS; BIENNIAL RENEWAL; CERTIFICATES OF AUTHORIZATION+>>

<< NJ ADC 13:27-4.1 >>

13:27-4.1 Requirements for admission to examination

(a) (No change.)

(b) No later than 60 days prior to the examination, an applicant shall present evidence to the satisfaction of the Board that:

1.-2. (No change.)

3. The applicant has completed <<+at least three years in+>> the Intern Development Program (IDP) administered by the National Council of Architect Registration Boards (NCARB) <<+or, at his or her expense, has had his or her experience evaluated by NCARB or any other Board designee and such experience is found to be equivalent. In the event that the Board's designees are unable to evaluate the applicant's experience, the Board shall evaluate the experience+>>. <<+The three years of experience cannot be attained in less than 36 calendar months.+>>

<<-(c) Applicants who submitted applications for the Architect Registration Examination prior to January 1, 1998, but have not fulfilled the training requirement, shall:->>

<<-1. Complete the Intern Development Program administered by the National Council of Architect Registration Boards; or->>

<<-2. Earn three years of training credits pursuant to the provisions of N.J.A.C. 13:27-4.3 through 4.6. At least one of the three years shall consist of diversified training in the office of a registered architect in private practice and shall be under the direct supervision of a registered architect, who need not be the principal in the firm.->>

<<-i. Applicants who submitted applications for the Architect Registration Examination prior to January 1, 1998 who choose to fulfill the training requirements pursuant to paragraph (c)2 above, shall do so by December 31, 2001 or shall be required to complete the Intern Development Program.->>

<< NJ ADC 13:27-4.2 >>

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

(a) An applicant with a degree from a <<-foreign->> 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.-2. (No change.)

<< NJ ADC 13:27-4.8 >>

<< NJ ADC 13:27-4.3 >>

13:27-<<-4.8->><<+4.3+>> Architect Registration Examination: subjects covered

(a) The subjects covered in the examination <<-are->> <<+divisions shall be+>> based on the examinations recommended by the National Council of Architectural Registration Boards and reviewed and approved by the Board <<- as follows:->>

Divisions:

Pre-Design

Site Planning

Building Planning

Building Technology

General Structures

Lateral Forces

Mechanical and Electrical Systems

Materials and Methods

Construction Documents and Services<<-<<+.+>>->>

(b) Each division <<+of the examination+>> successfully passed <<- will->> <<+shall+>> be credited to the record of the candidate and may be carried over <<-without limitation->> <<+for five years after (the effective date of this rule) or the date that the division was passed successfully, whichever is later+>>.

<< NJ ADC 13:27-4.9 >>

<< NJ ADC 13:27-4.4 >>

13:27-<<-4.9->><<+4.4+>> (No change in text.)

<< NJ ADC 13:27-4.5 >>

<<+13:27-4.5 Licensure by credentials+>>

<<+(a) Any person registered or licensed to practice architecture in another jurisdiction of the United States or one of its territories or possessions may be granted registration if:+>>

<<+1. The applicant is 18 or more years of age and of good moral character, as established by references from individuals, schools and other sources acceptable to the Board which attest to the applicant's good moral character;+>>

<<+2. The applicant is not charged by the New Jersey State Board of Architects or any other jurisdiction with a violation of any statute or regulation relating to the practice of achitecture or any violation which would indicate a lack of good moral character as required by statute or regulation; or having been found guilty of a violation, has not satisfied the penalty imposed;+>>

<<+3. The education, training and examination requirements in such other jurisdiction are substantially equal to those required in this State, under current law; and+>>

<<+4. The applicant has provided satisfactory evidence of competency as the Board, in its discretion, may require, including, but not limited to:+>>

<<+i. Exhibits of three architectural projects illustrated in construction documents and photographs;+>>

<<+ii. Oral examination by the Board; and/or+>>

<<+iii. Satisfactory completion of such portions(s) of the Architect Registration Examination as the Board may deem necessary.+>>

<<+(b) In cases where the applicant has been granted a registration or a license in another United States jurisdiction on the basis of education, training and examination requirements that are not substantially equal to those required in this State, the applicant may be granted a license if the applicant can demonstrate that he or she possesses the education, training and examination requirements as set forth in N.J.A.C. 13:27-4.1, or their substantial equivalents.+>>

<< NJ ADC 13:27-4.6 >>

<<+13:27-4.6 Biennial license renewal; license suspension; reinstatement of suspended license; inactive status+>>

<<+(a) All licenses issued by the Board shall be issued for a biennial license period. A licensee who seeks renewal of the license shall submit a completed renewal application, a statement that the licensee has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27- 4A.2 and the renewal fee as set forth in N.J.A.C. 13:27-4.11 prior to the expiration date of the license.+>>

<<+(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the licensee for failure to renew.+>>

<<+(c) If a licensee does not renew the license prior to its expiration date, the licensee may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a statement that the licensee has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-4A.2, the renewal fee and late fee as set forth in N.J.A.C. 13:27-4.11. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice.+>>

<<+(d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual with a suspended license who holds himself or herself out as an architect shall be in violation of N.J.S.A. 45:3-10.+>>

<<+(e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Board upon completion of the following:+>>

<<+1. Payment of the reinstatement fee and all past delinquent biennial renewal fees as set forth in N.J.A.C. 13:27-4.11;+>>

<<+2. Submission of proof of completion of the continuing education credits required for each biennial licensure period for which the license was suspended; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer.+>>

<<+(f) In addition to fulfilling the requirements set forth in (e) above, a licensee whose license has been automatically suspended for more than five years who wishes to return to practice shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.+>>

<<+(g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:27-4.11 and shall not hold himself or herself out as an architect.+>>

<<+(h) A licensee who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:+>>

<<+1. Payment of the biennial license fee and reinstatement fee pursuant to N.J.A.C. 13:27-4.11;+>>

<<+2. Submission of proof of completion of the continuing education credits required for each biennial licensure period for which the license was on inactive status; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period the license was on inactive status which includes the name, address, and telephone number of each employer.+>>

<<+(i) In addition to fulfilling the requirements set forth in (h) above, a licensee whose license has been on inactive status for more than five years who wishes to return to active status shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license.+>>

<< NJ ADC 13:27-4.7 >>

13:27-4.7 <<-(Reserved)->> <<+Issuance of certificates and seal presses+>>

<<+(a) Upon approval by the Board and payment of all fees, an architect shall be issued a certificate of licensure and seal press as proof of licensure and authorization to practice. The seal shall contain the name of the architect, the architect's license number and the legend "State of New Jersey Registered Architect."+>>

<<+(b) Each license number, certificate and seal press containing such license number issued by the Board to an architect shall remain the property of the State of New Jersey. If the Board suspends, fails to renew, or revokes a license, the licensee shall immediately return all certificates and seal presses to the Board and shall remove the license number from all advertising and anything else on which the license number is displayed or otherwise communicated.+>>

<<+(c) The Board shall issue a replacement certificate or replacement seal press to an architect upon payment of the replacement certificate fee or replacement seal press fee, whichever is appropriate, as set forth in N.J.A.C. 13:27-4.11 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the licensee. The Board shall replace a damaged seal press upon a licensee's request and submission of the damaged seal press along with the replacement seal press fee set forth in N.J.A.C. 13:27-4.11.+>>

<<+(d) The Board shall issue a duplicate seal press to an architect upon an architect's request for a duplicate seal press and payment of the duplicate seal press fee as set forth in N.J.A.C. 13:27-4.11.+>>

<<+(e) Failure to return a certificate of licensure or a seal press which has been rendered invalid shall subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license.+>>

<<+(f) 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.+>>

(Agency Note: N.J.A.C. 13:27-4.8 and 4.9 are proposed for recodification with amendments as N.J.A.C. 13:27-4.3 and 4.4.)

<< NJ ADC 13:27-4.8 >>

<<+13:27-4.8 Issuance of certificates of authorization+>>

<<+(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L. 1969, c.232 (N.J.S.A. 14A:17-1 et seq.), if the LLC or corporation meets the following requirements:+>>

<<+1. At least two-thirds of the LLC's or corporation's directors are licensed architects and at least two-thirds of the ownership interest is owned by licensed architects; or+>>

<<+2. At least two-thirds of the directors are licensed architects and closely allied professionals, at least one director is a licensed architect, at least two-thirds of the ownership interest is owned by licensed architects or closely allied professionals, and a minimum of 20 percent of the shares are owned by licensed architects.+>>

<<+(b) In applying for a certificate of authorization, an applicant shall submit to the Board:+>>

<<+1. A completed application form designated by the Board which shall include, at a minimum, the following:+>>

<<+i. The name and address of the LLC or corporation and its satellite offices;+>>

<<+ii. The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of architecture through the LLC or corporation;+>>

<<+iii. The names, addresses, license numbers, and amount and percentage of ownership interest of all stockholders of the LLC or corporation who are licensees of the Board or who are closely allied professionals;+>>

<<+iv. The names, addresses, and amount and percentage of ownership interest of the LLC or corporation who are not licensees of the Board nor closely allied professionals; and+>>

<<+v. The name and address of the LLC's or corporation's registered agent for service of process in New Jersey;+>>

<<+2. A certified copy of the Certificate of Formation or Incorporation for an LLC or corporation created in this State or, for an LLC or corporation created outside New Jersey, a certified copy of a Certificate of Authority issued by the Division of Revenue in the New Jersey Department of Treasury and a certified copy of the Certificate of Formation or Incorporation, or its equivalent, issued by the home state;+>>

<<+3. A copy of the most current annual report filed with the Division of Revenue in the New Jersey Department of Treasury; and+>>

<<+4. The application fee and certificate fee as set forth in N.J.A.C. 13:27-4.11.+>>

<<+(c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the architectural activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of architecture, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work.+>>

<<+(d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the architectural activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 14 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.+>>

<<+(e) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above may result in the suspension of the certificate of authority and/or may be deemed to be professional misconduct of the licensees found to be in responsible charge of the architectural activities and decisions of the LLC or corporation.+>>

<< NJ ADC 13:27-4.9 >>

<<+13:27-4.9 Biennial renewal of certificates of authorization+>>

<<+(a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury and the renewal fee as set forth in N.J.A.C. 13:27-4.11 prior to the expiration date of the license.+>>

<<+(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.+>>

<<+(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and late fee as set forth in N.J.A.C. 13:27-4.11. During this 30-day period, the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.+>>

<<+(d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L. 1969, c.232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises architectural services while its certificate of authority is suspended shall be in violation of N.J.S.A. 45:3-17.+>>

<<+(e) A certificate of authorization that has been automatically suspended for non-renewal may be reinstated upon the LLC or corporation submitting a completed reinstatement application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and reinstatement fee as set forth in N.J.A.C. 13:27-4.11.+>>

<< NJ ADC 13:27-4.10 >>

<<+13:27-4.10 (Reserved)+>>

<< NJ ADC 13:27-4.11 >>

13:27-4.11 Fees

(a) The following fees shall be charged by the Board:

1. (No change.)

2. Initial License Fee

i. (No change.)

ii. If paid during the second year of a biennial renewal period 80.00

3. Biennial Renewal Fee
i. Active Status 160.00
ii. Inactive Status (To be determined by the Director by rule)
4. License by Credentials Application Fee (plus initial license fee) 75.00
5. (No change.)
6. Replacement Certificate Fee 25.00
7.-9. (No change.)

<<-(b) The "Roster of Architects" shall be issued without charge to State, county and municipal government agencies and to all architects and landscape architects listed therein.->>

<<-(c)->><<+(b)+>> Certificate of Authorization fees shall be as follows:

1. (No change.)

2. Initial <<-registration->> <<+Certification+>>

i.-ii. (No change.)

3. (No change.)

4. Late Fee 50.00

5. Reinstatement Fee 300.00

<< NJ ADC 13:27-5.5 >>

13:27-5.5 Professional practice and procedures

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

(c) <<-An->> <<+Except as permitted by N.J.S.A. 45:3-17b and N.J.A.C. 13:27-3.2(g), an+>> architect shall not aid nor abet an unlicensed individual or entity in the practice of architecture by permitting his or her name, seal, and/or signature to be used in connection with an individual, firm, or corporation not authorized by law to practice architecture.

SUBCHAPTER 6. <<-CERTIFICATES;->> SEALS; TITLE BLOCKS

<< NJ ADC 13:27- >>

13:27-<<-6.5->><<+6.1+>> Signing and sealing documents

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

<<+(c) An architect shall seal architectural documents only with seal presses purchased or exchanged through the Board.+>>

<< NJ ADC 13:27-6.6 >>

<< NJ ADC 13:27-6.2 >>

13:27-<<-6.6->><<+6.2+>> (No change in text.)

<< NJ ADC 13:27-6.7 >>

<< NJ ADC 13:27-6.3 >>

13:27-<<-6.7->><<+6.3+>> Title block contents; requirements by form of architectural practice

(a) (No change.)

(b) When <<+a partnership or limited liability partnership of+>> two or more licensed architects <<+or closely allied professionals, in which at least one partner is an architect,+>> practice architecture <<-as a firm, partnership, or limited liability partnership->>, the title block shall contain:

1. (No change.)

2. The title <<+"architect" or+>> "architects<<+,+>>" <<+as applicable, and the titles of any other closely allied professionals+>>;

3.-5. (No change.)

(c) (No change.)

(d) Title block contents for a general business corporation or limited liability company authorized to practice architecture under a Certificate of Authorization issued pursuant to <<-N.J.S.A. 45:3-18->> <<+N.J.A.C. 13:27-4.8+>> shall contain:

1. (No change.)

2. The title "architects" <<-or->> <<+and+>> titles of any other <<-"->>closely allied professionals<<-"->>;

3.-5. (No change.)

(e) (No change.)

<<+(f) When an architect is a subcontractor on an interior design or space planning project pursuant to N.J.S.A. 45:3-17, the architect shall include a secondary title block with all the information required in (a), (b), (c), or (d) above, whichever applies to the architect's form of business. Reference to the name and location of the project need not be repeated in the secondary title block.+>>

<<-(f)->><<+(g)+>> An architect practicing as an employee of a business entity which does not offer architectural services to the public<<+, including an entity whose principal source of business is space planning or interior design services,+>> shall <<-use a->> <<+include in the+>> title block <<-which contains->> the name of the entity as the "owner" and all other elements <<+that are+>> required <<-by this section->> <<+ for that type of business entity pursuant to (a) through (e) above. If the architect is employed by an entity whose principal source of business is interior design or space planning services, the architect may sign, seal, and list his or her license number in that entity's title block or may use a secondary title block for such information.+>>

<<-(g)->><<+(h)+>> (No change in text.)

<< NJ ADC 13:27-6.8 >>

<< NJ ADC 13:27-6.4 >>

13:27-<<-6.8->><<+6.4+>> Submission of title block form for approval

Any architect may submit a proposed form of title block to the <<+New Jersey+>> State Board of Architects for approval.

SUBCHAPTER 8. CERTIFIED LANDSCAPE ARCHITECTS

<< NJ ADC 13:27-8.5 >>

13:27-8.5 Application for initial certification <<-by examination->>

(a) An applicant for initial certification as a landscape architect shall:

<<-1. Successfully complete the Landscape Architect Registration Examination ("LARE");->>

2. Successfully complete an examination on landscape architecture issues specific to New Jersey, which shall cover plant materials, soil types, geology and laws and regulations governing land use and planning, including the Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq.; and

3. Pay the initial certification fee as set forth in N.J.A.C. 13:27-8.21.

(b) A candidate for the "LARE" shall apply to the Board for approval to sit for the "LARE." The candidate shall request from, complete and return to the Board an application form together with the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form, fee and all documentation required by (b)1 through 3 below, the Board shall refer the application to the Committee for evaluation and approval. An applicant shall demonstrate that he or she:

1. Is of good moral character by furnishing five personal references, two from individuals who have known the applicant for at least five years and three from professionally trained design professionals, such as certified or licensed landscape architects, architects, professional engineers or professional planners, who have first hand experience of the applicant's work. No individual providing a reference shall be related to the applicant. The applicant shall be responsible for ensuring that the Board receives these references by the required date;

2. Is the holder of a bachelor's or higher degree in landscape architecture from a college or university having a landscape architecture curriculum accredited by the American Society of Landscape Architects ("ASLA"). The applicant shall arrange for the college or university to send an official transcript directly to the Board. The applicant shall be responsible for ensuring that the Board receives the transcript by the required date;

3. Has by June 30, 2001, engaged in practical landscape architectural work satisfactory to the Committee to an extent that his or her combined college study and practical experience total at least six years, four years of which must be college study with three years in a landscape architecture curriculum and two years of which must be practical landscape architecture experience approved by the Committee. The practical landscape architecture experience shall be obtained after the completion of the educational requirements; and for two years after completion of the education requirement set forth in (b)2 above, at least one of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner, or professional engineer;

4. Has, effective July 1, 2001, engaged in practical landscape architectural work for four years after completion of the educational requirement set forth in (b)2 above, at least two of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner or professional engineer; and

(c) On receipt of the Board's approval, the applicant shall pay the examination fee as is determined by the Council of Landscape Architectural Registration Boards (CLARB) for the "LARE."<<-->>

<<+1. Hold a bachelor's or higher degree in landscape architecture from a college or university having a landscape architecture curriculum accredited by the Landscape Architectural Accreditation Board of the American Society of Landscape Architects (ASLA) or other academic program approved by the Committee pursuant to N.J.A.C. 13:27-8.4. The applicant shall arrange for the college or university to send an official transcript directly to the Board. The applicant shall be responsible for ensuring that the Board receives the transcript by the required date;+>>

<<+2. Have engaged in practical landscape architectural work for four years after completion of the educational requirement set forth in (a)1 above, at least two of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner or professional engineer;+>>

<<+3. Be of good moral character demonstrated by furnishing five personal references, two from individuals who have known the applicant for at least five years and three from professionally trained design professionals, such as certified or licensed landscape architects, architects, professional engineers or professional planners, who have first hand experience of the applicant's work. No individual providing a reference shall be related to the applicant. The applicant shall be responsible for ensuring that the Board receives these references by the required date;+>>

<<+4. Successfully complete within five years of application an examination on landscape architecture issues specific to New Jersey, which shall cover plant materials, soil types, geology and laws and regulations governing land use and planning, including the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.;+>>

<<+5. Successfully complete within five years of application the Landscape Architect Registration Examination (LARE); and+>>

<<+6. Pay the initial certification fee as set forth in N.J.A.C. 13:27- 8.21.+>>

<<+(b) An applicant may apply to the Board prior to sitting for the LARE. The applicant shall request from, complete and return to the Board an application form together with the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form, fee and all documentation required by (a)1 through 3 above, the Board shall refer the application to the Committee for evaluation, determination whether the applicant meets the qualifications set forth in (a)1 through 3 above and recommendation for conditional approval. Upon receiving the Committee's recommendation, the Board shall consider and may approve the application pending successful completion of the New Jersey issues examination and the LARE as required pursuant to (a)4 and 5 above, respectively. On receipt of the Board's approval, the applicant shall pay the examination fees as determined by the Council of Landscape Architectural Registration Boards (CLARB) for the New Jersey issues examination and LARE.+>>

<<+(c) An applicant who successfully completes the LARE without prior approval by the Board to sit for the LARE shall request from, complete and return to the Board an application form together with the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form, fee and all documentation required by (a)1 through 3 above, the Board shall refer the application to the Committee for evaluation and recommendation for approval. Upon receiving the Committee's recommendation, the Board shall consider and may approve the application.+>>

<< NJ ADC 13:27-8.6 >>

13:27-8.6 Application for certification as a landscape architect <<-by reciprocity->> <<+without LARE examination+>>

(a) An individual may apply for certification <<-by reciprocity->> as a landscape architect in New Jersey if he or she meets the requirements of N.J.S.A. 45:3A-1 et seq. and:

<<-1. Holds a professional degree in Landscape Architecture from a college or university accredited by the American Society of Landscape Architects (ASLA);->>

<<-2. Has, by June 30, 2001, engaged in practical landscape architectural work for two years after completion of the educational requirement set forth in (a)1 above, at least one of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner, or professional engineer;->>

<<-3. Has, effective July 1, 2001, engaged in practical landscape architectural work for four years after completion of the educational requirement set forth in (a)1 above, at least two of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner or professional engineer; and->>

<<-4.->><<+1.+>> Holds a license or certificate in good standing as a landscape architect from any other state <<-or->><<+,+>> territory or possession of the United States provided that the requirements for licensure or certification of the issuing agency are substantially equivalent to those of the Committee; <<-and->>

<<-5.->><<+2.+>> Has passed the CLARB <<-"UNE"->> <<+Uniform National Examination (UNE)+>> or <<-"->>LARE<<-"->> or holds a current CLARB certification. <<+Applicants holding CLARB certification shall arrange for CLARB to send the certificate to the Board; and+>>

<<+3. Meets the requirements for initial certification pursuant to N.J.A.C. 13:27-8.5(a)1 through 4.+>>

(b) The candidate shall request from, complete and return to the Board an application form and pay the application fee as set forth in N.J.A.C. 13:27- 8.21. On receipt of the completed application form and all documentation required <<-in (b)1 through 4 below->> <<+by N.J.A.C. 13:27-8.5(a)1 through 3+>>, the Board shall refer the application to the Committee for evaluation and approval. <<-The applicant shall demonstrate that he or she:->>

1. Is of good moral character by furnishing five personal references, two from individuals who have known the applicant for at least five years and three from professionally trained design professionals, such as certified or licensed landscape architects, architects, professional planners or professional engineers, who have first hand experience of the applicant's work. No individual holding a reference shall be related to the applicant. The applicant shall be responsible for ensuring that the Board receives these references by the required date;

2. Is the holder of a bachelor's or higher degree in landscape architecture from a college or university having a landscape architecture curriculum accredited by the American Society of Landscape Architects ("ASLA"). The applicant shall arrange for the college or university to send an official transcript directly to the Board. The applicant shall be responsible for ensuring that the Board receives the transcript by the required date;

3. Has by June 30, 2001, engaged in practical landscape architectural work for two years after completion of the education requirement set forth in (b)2 above, at least one of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner, or professional engineer;

4. Has, effective July 1, 2001, engaged in practical landscape architectural work for four years after completion of the educational requirement set forth in (b)2 above, at least two of which the applicant having worked on a full-time basis under the supervision of a certified or licensed landscape architect, architect, professional planner or professional engineer; and

5. Has successfully completed the CLARB "UNE" or "LARE" or holds a current CLARB certification. The applicant shall arrange for the state of licensure to verify proof of licensure in good standing. Applicants holding CLARB certification shall arrange for CLARB to send the certificate to the Board.<<-->>

(c) On receipt of the Board's approval, the applicant may apply to take the New Jersey examination <<+as required pursuant to N.J.A.C. 13:27-8.5(a) 4+>> and pay the examination fee as set forth in N.J.A.C. 13:27-8.21.

<< NJ ADC 13:27-8.7 >>

<<+13:27-8.7 Certification; biennial certification renewal; certificate suspension; reinstatement of suspended certificate; inactive status+>>

<<+(a) All certificates issued by the Board shall be issued for a biennial certification period. A certificate holder who seeks renewal of the certificate shall submit a completed renewal application, a statement that the certificate holder has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-8.11 and the renewal fee as set forth in N.J.A.C. 13:27-8.21 prior to the expiration date of the certificate.+>>

<<+(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.+>>

<<+(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a renewal application, a statement that the certificate holder has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-8.11, a renewal fee and a late fee, as set forth in N.J.A.C. 13:27-8.21. During this 30-day period, the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.+>>

<<+(d) A certificate that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who holds himself or herself out as a landscape architect with a suspended certificate shall be in violation of N.J.A.C. 13:27-8.20.+>>

<<+(e) A certificate holder whose certificate has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Committee upon completion of the following:+>>

<<+1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:27-8.21;+>>

<<+2. Submission of proof of completion of the continuing education credits required for each biennial registration period for which the certificate was suspended; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period of suspended certificate which includes the name, address, and telephone number of each employer.+>>

<<+(f) In addition to fulfilling the requirements set forth in (e) above, a certificate holder whose certificate has been automatically suspended for more than five years who wishes to return to practice shall reapply for certification and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Committee that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Committee prior to reinstatement of his or her certificate.+>>

<<+(g) Renewal applications shall provide the certificate holder with the option of either active or inactive status. A certificate holder electing inactive status shall pay the inactive certification fee set forth in N.J.A.C. 13:27-8.21 and shall not hold himself or herself out as a landscape architect.+>>

<<+(h) A certificate holder who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:+>>

<<+1. Payment of the biennial certification fee and reinstatement fee pursuant to N.J.A.C. 13:27-8.21;+>>

<<+2. Submission of proof of completion of the continuing education credits required for each biennial certification period for which the certificate was on inactive status; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period the certificate was on inactive status which includes the name, address, and telephone number of each employer.+>>

<<+(i) In addition to fulfilling the requirements set forth in (h) above, a certificate holder whose certificate has been on inactive status for more than five years who wishes to return to active status shall reapply for certification and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Committee that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Committee prior to reinstatement of his or her certificate.+>>

<< NJ ADC 13:27-8.8 >>

<<+13:27-8.8+>> <<+Display of certificate; replacement and duplicate certificates+>>

<<+(a) A certified landscape architect shall conspicuously display at each place of business or employment the original certificate or a duplicate certificate issued by the Board showing the current biennial certification period.+>>

<<+(b) Each certification number and certificate containing such certification number issued by the Board to a certified landscape architect shall remain the property of the State of New Jersey. If the Board suspends, fails to renew, or revokes a certification, the certificate holder shall immediately return all certificates to the Board and shall remove the certification number from all advertising and anything else on which the certification number is displayed or otherwise communicated.+>>

<<+(c) The Board shall issue a replacement certificate to a certified landscape architect upon payment of the replacement certificate fee as set forth in N.J.A.C. 13:27-8.21 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the certificate holder.+>>

<<+(d) The Board shall issue a duplicate certificate to a certified landscape architect upon payment of the duplicate certificate fee as set forth in N.J.A.C. 13:27-8.21 and receipt by the Board of an affidavit or certified statement that the certified landscape architect has multiple places of business in which the certificate holder must display a certificate. A certified landscape architect may not possess more certificates than the number of places of business utilized by the certified landscape architect.+>>

<< NJ ADC 13:27-8.9 >>

13:27-8.9 Seal and signature

(a) Every certified landscape architect shall have a seal established by the Committee and issued by the Board, which shall contain the name of the landscape architect, his or her certificate number, and the legend "Certified Landscape Architect." <<+If the Board suspends, fails to renew, or revokes a certification, the certificate holder shall immediately return the seal press containing such seal to the Board.+>>

(b) All <<-construction documents->> <<+working drawings and specifications+>> prepared by the <<+certified+>> landscape architect or under his or her supervision shall be signed on the original with the personal signature of the <<+certified+>> landscape architect. Thereafter, all copies of such drawings and specifications shall be sealed prior to submission to the client or filing with a public agency.

(c)-(d) (No change.)

<< NJ ADC 13:27-8.10 >>

<<+13:27-8.10 (Reserved)+>>

<< NJ ADC 13:27-8.11 >>

13:27-8.11 Continuing education hour requirements<<+; waiver or modification of requirements+>>

(a) A certificate holder shall not be required to obtain continuing education hours during the first biennial renewal period in which the certificate holder first obtains <<-licensure->> <<+certification+>>. For each succeeding biennial renewal period, the certificate holder shall complete a minimum of <<-30->> <<+24+>> hours of continuing education. "Continuing education (CE) hour" means one 60 minute clock hour of an educational activity with no less than 50 minutes of instructional content within the hour.

(b) A <<-maximum of 15 hours in excess of the required 30 hours->> <<+ certified landscape architect shall only receive continuing education credit for continuing education successfully completed during the biennial certification period in which the continuing education was completed, and no continuing education hours+>> may be carried over into a succeeding biennial period.

(c) <<-A certificate holder who has allowed his or her certification lapse and then seeks to reactivate such certification shall submit proof to the Committee of successful completion of the continuing education hours in an amount equal to those required for an active biennial certification renewal.->> <<+The Committee may, at its discretion and with the approval of the Board, waive, extend or modify continuing education requirements on an individual basis for reasons of emergency or hardship, such as illness or disability which prevents attendance at or completion of continuing education, military service or other good cause as demonstrated by the certificate holder.+>>

<<+(d) Any certificate holder seeking a waiver, extension or modification of the continuing education requirements shall submit a request to the Committee in writing specifying the reasons for the waiver, extension or modification. The certificate holder shall also provide the Committee with such information as it may reasonably request in support of the request.+>>

<< NJ ADC 13:27-8.12 >>

13:27-8.12 Continuing education programs and courses

(a) The certificate holder may obtain continuing education credit <<-for the following->> <<+as follows+>>:

<<-1. Courses or programs approved by the Committee pursuant to N.J.A.C. 13:27-8.16;->>

<<-2.->><<+1.+>> Seminars, <<+courses,+>> conferences and other programs offered for the purpose of keeping the certificate holder apprised of advancements and new developments in the profession<<-. Suitable programs include, for example, any of the subjects tested in the Landscape Architect Registration Examination (LARE), such as professional practice, design (conceptual site design, planting design, comprehensive site design), communication, or design implementation (grading construction details, layout)->> <<+and approved by the Council of Landscape Architectural Registration Boards: one hour for each hour of attendance;+>>

<<-3. Graduate->> <<+2. Successful completion of graduate+>> course work relevant to landscape architecture beyond that required for professional certification, at university-sponsored programs or university-level, subject to Committee approval<<+: a maximum of nine hours for each course+>>; <<+or+>>

<<-4. Participation, other than as a student, in university-level education processes and programs, subject to Committee approval. Examples of activities for which credit may be granted are teaching, program development, authorship of textbooks or articles, or similar activities which are determined to be equivalent to obtaining continuing education; and/or->>

<<-5. Programs offered by the Council of Landscape Architectural Registration Boards.->>

<<+3. Courses, programs or seminars offered or approved by the New Jersey Department of Environmental Protection that are directly related to the practice of landscape architecture: one hour for each hour of attendance.+>>

(b) The Committee shall maintain a list of all approved programs <<- or->> <<+and+>> courses at the Committee offices and shall furnish this information to certificate holders upon request.

<<-(c) 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.->>

<< NJ ADC 13:27-8.13 >>

<<+13:27-8.13+>> <<+(Reserved)+>>

<< NJ ADC 13:27-8.14 >>

13:27-8.14 <<-Certification of compliance->> <<+Compliance+>> with continuing education requirements<<+; audit+>>

(a) (No change.)

(b) Each certificate holder shall be subject to audit by the Committee and shall submit documentation of completed continuing education courses and programs upon request. Failure to provide requested documentation or falsification of any information submitted to the Committee may result in penalties, pursuant to N.J.S.A. 45:1-22 and 45:1-25, and/or suspension of certification, pursuant to N.J.S.A. 45:1-21<<-, after an opportunity to be heard->>.

(c) Each certificate holder shall retain <<-the following->> documentation for a period of five years<<-:->>

<<-1. For attendance at courses or programs approved by the Committee, the verification of attendance as set forth in N.J.A.C. 13:27-8.16(b);->>

<<-2. For attendance at seminars, conferences and other programs for which the certificate holder received advanced approval, a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours. For attendance at seminars, conferences and other courses and programs for which the certificate holder received subsequent approval by the Committee, written verification by the sponsor of attendance.->>

<<-3. For publication in a refereed professional journal, the published article; and->>

<<-4. For teaching or research appointments, a statement from the appropriate school authority verifying the appointment, the duration of the appointment, the number of hours the certificate holder taught, course content and description of the research as applicable->> <<+that demonstrates the certificate holder's successful completion of the seminar, course, conference or other program completed by the certificate holder+>>.

<< NJ ADC 13:27-8.15 >>

<<+13:27-8.15+>> <<+(Reserved)+>>

<< NJ ADC 13:27-8.16 >>

<<+13:27-8.16+>> <<+(Reserved)+>>

<< NJ ADC 13:27-8.17 >>

13:27-8.17 Continuing education credit by <<-reciprocity->> <<+ endorsement+>>

(a) A New Jersey certificate holder who is authorized by licensure/certification/registration to practice landscape architecture in another state shall satisfy the continuing education hours requirement of N.J.A.C. 13:27-8.11 by submitting the following:

1. Certification from the appropriate governmental authority in <<- that->> <<+the+>> other state confirming that the person has satisfactorily completed all continuing education requirements for renewal of licensure/certification/ registration in that state;

2. (No change.)

3. Proof that <<+the+>> other state requires review and approval of continuing education of rigor and extent which are substantially equal to the requirements imposed by New Jersey.

<< NJ ADC 13:27-8.18 >>

13:27-8.18 Committee certificate for endorsement of continuing education hours

A certificate holder of this State who is in good standing may request of the Executive Director of the <<+New Jersey State+>> Board of Architects a document attesting that the official record confirms satisfactory completion of all New Jersey continuing education requirements. Good standing for this purpose means the individual is currently certified, has paid all required fees, has been audited in the current biennial period to determine compliance with the New Jersey continuing education requirement, and is not the subject of any disciplinary complaint or under current disciplinary sanction.

<< NJ ADC 13:27-8.19 >>

13:27-8.19 Rules of professional conduct

(a) If<<+,+>> in the course of his or her work on a project, a <<+ certified+>> landscape architect becomes aware of a decision taken by his or her employer or client, against the <<+certified+>> landscape architect's advice, which violates applicable Federal, state, county or municipal building laws and regulations and which would, in the <<+certified+>> landscape architect's exercise of reasonable judgment, materially and adversely affect the health, safety and welfare of the public, the <<+certified+>> landscape architect shall notify the employer or the client of such consequences and such other public authority as may be appropriate in the situation.

(b) A <<+certified+>> landscape architect may accept an assignment or employment requiring education or experience outside of his or her field of competence, but only to the extent that the services are restricted to those phases of the project in which he or she may, without undue cost or hardship to the client, reasonably become qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees in conformance with the statutes and rules governing their respective professions.

(c) A <<+certified+>> landscape architect shall not affix a personal signature and/or seal to any plan or document dealing with subject matter in which there is a lack of competence by virtue of education or experience, nor to any such plan or document not prepared under his or her direct supervision and control.

(d) A <<+certified+>> landscape architect shall be completely objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information.

(e) When issuing any statements, criticisms or arguments on matters connected with public policy which are inspired or paid for by an interested party, or parties, a <<+certified+>> landscape architect shall preface such comments by explicit personal identification, by disclosing the identity of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters.

(f) A <<+certified+>> landscape architect shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties.

(g) A <<+certified+>> landscape architect shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products unless such consideration is disclosed to the client.

(h) A <<+certified+>> landscape architect shall not solicit or accept gratuities or anything of value not related to work performed, directly or indirectly from contractors, their agents, or other parties dealing with his or her client or employer in connection with work for which he or she is responsible.

(i) When in public service as a member, advisor or employee of a governmental body or department, a <<+certified+>> landscape architect shall not participate in considerations or actions with respect to services provided by the individual or the individual's professional organization in private practice.

(j) A <<+certified+>> landscape architect shall not solicit or accept a contract from a government body on which a principal or officer of his or her organization serves as a member.

(k) A <<+certified+>> landscape architect shall not offer to pay, either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure or retain work, exclusive of securing positions through employment agencies.

(l) A <<+certified+>> landscape architect shall not falsify or permit misrepresentation of academic or professional qualifications. He or she shall not misrepresent or exaggerate degrees of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing his or her qualifications and work.

(m) A <<+certified+>> landscape architect shall not knowingly associate with or permit the use of a personal name or firm name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature or is otherwise engaging in unlawful activities.

(n) All advertisements and public representations of certificate holders which make specific reference to service as a "landscape architect" shall list the name and certificate number of the <<+certified+>> landscape architect. If the certificate holder conducts the practice under a corporation or trade name, the advertisement/public representation may list the business name under which the practice is conducted but shall also conspicuously disclose the name and certificate number of at least one of the principal practitioners. <<-This requirement applies to all advertising locations, including, but not limited to, listings in a telephone or other consumer information directory, the public media, commercial property, and motor vehicles.->> <<+For the purposes of this subsection, "advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, professional stationery, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which landscape architecture services are offered or by which the availability of landscape architecture services is made known.+>>

1. <<-Landscape->> <<+Certified landscape+>> architects, whose advertisements/ listings in a telephone or other consumer information directory do not comply with this requirement, shall immediately notify the directory publisher of the additional data which shall be published in the next available directory in which the <<+certified+>> landscape architect intends to continue such advertisement/listing. The certificate holder; personally or through the business entity, shall retain a copy of the notification which shall be made available for inspection at Board request.

(o) If a <<+certified+>> landscape architect has knowledge or reason to believe that another person or firm may be in violation of any of these provisions, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

<< NJ ADC 13:27-8.20 >>

13:27-8.20 Nomenclature for non-certified persons

<<-(a) Any individual who is not a certified landscape architect as defined by N.J.S.A. 45:3A-2 may advertise and offer services to the public provided that the description of the advertiser's title and services conforms to the requirements of (b) below.->>

<<-(b) An individual->> <<+(a) A person+>> who is not a certified landscape architect as defined in N.J.S.A. 45:3A-2 shall not<<-, for example,->> use <<+or advertise or offer services to the public utilizing+>> the following titles or description of services:

TITLES
Landscape Architect
Certified Landscape Architect
Licensed Landscape Architect
Registered Landscape Architect
Professional Landscape Architect

DESCRIPTIONS OF SERVICES Landscape Architecture
Landscape Architectural Design
Landscape Architectural Construction
Landscape Architectural Planting Design
Landscape Architectural Service

<<-(c)->><<+(b)+>>-The titles and descriptions listed in <<- (b)->><<+(a)+>> above are not meant to be all-inclusive.

<< NJ ADC 13:27-8.21 >>

13:27-8.21 Fees

(a) The following fees shall be charged by the <<+New Jersey State+>> Board of Architects for Landscape Architect Certification matters. Unless otherwise provided herein, all fees are non-refundable.

1. (No change.)

2. Examination fee for the New Jersey Examination when Board administered ............................................ $100.00

3. (No change.)

4. Biennial Renewal Fee--Active Status ............................. $160.00

5. Biennial Renewal Fee--Inactive Status ............................ (To be determined by the Director by rule)

Recodify existing 5.-6. as 6.-7. (No change in text.)

8. Replacement or duplicate certificate fee ........................ $25.00

9.-10. (No change.)

<< NJ ADC 13:27-8.22 >>

13:27-8.22 Notification of change of address; service of process

(a) <<-Landscape->> <<+Certified landscape+>> architects shall notify the Board in writing of any change from the address currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, no later than 30 days following the change of address. Failure to notify the Board of any change of address may result in disciplinary action <<-in accordance with N.J.S.A. 45:1-21(h)->>.

(b) Service of an administrative complaint or other Board-initiated action at a <<-licensee's->> <<+certificate holder's+>> address <<- currently->> on file with the Board shall be deemed adequate notice <<-for the purposes of N.J.A.C. 1:1-7.1 and->> <<+when service by certified or regular mail is acceptable and shall allow+>> the commencement of any disciplinary proceedings.



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