ARC 2674C

ARC 2674C

ARCHITECTURAL EXAMINING BOARD[193B]

Adopted and Filed

Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby amends Chapter 1, "Description of Organization," and Chapter 2, "Registration," Iowa Administrative Code.

The rules in Chapter 1 describe the organization of the Architectural Examining Board. The amendments to the chapter remove references to business entities since the reference to business entities was removed from the Iowa Code; more fully explain the role of board administrator; and allow for flexibility on meeting dates. The rules in Chapter 2 describe the process for registration and renewal of certificates of registration for registrants to be authorized to practice architecture in Iowa. The amendments to the chapter update the names of programs and documents of the National Council of Architectural Registration Boards needed for Iowa registration, allow students to take the architect registration examination, better explain the reinstatement process, and adjust the fees.

Notice of Intended Action was published on March 30, 2016, in the Iowa Administrative Bulletin as ARC 2480C. After the amendments were published under Notice, incorrect cross references were found in paragraphs 2.5(2)"a," 2.5(2)"b," and 2.5(3)"a." New Items 8 to 10 were added to this Adopted and Filed document to correct those references, and subsequent items were renumbered accordingly.

These amendments were adopted by the Board on May 10, 2016.

After analysis and review of this rule making, the Professional Licensing and Regulation Bureau determined that there will be no impact on jobs and no fiscal impact to the state.

These amendments are intended to implement Iowa Code section 544A.10.

These amendments will become effective September 21, 2016.

The following amendments are adopted.

Item 1. Amend rule 193B—1.1(544A,17A), introductory paragraph, as follows:

193B—1.1(544A,17A) Duties. The board shall enforce the provisions of Iowa Code chapter 544A and shall maintain a roster of all registered architects and a roster of all business entities authorized to practice architecture in the state.

Item 2. Amend subrule 1.1(4) as follows:

1.1(4) Board administrator. The professional licensing and regulation bureau may employ a board administrator, who will maintain all necessary records of the board and perform all duties in connection with the operation of the board office. The board administrator is the lawful custodian of board records. The board administrator shall determine when the legal requirements for licensure have been satisfied with regard to issuance of certificates, licenses or registrations, and the board administrator shall submit to the board any questionable application. The bureau chief or designee shall sign vouchers for payment of board obligations.

Item 3. Rescind rule 193B—1.3(544A,17A) and adopt the following new rule in lieu thereof:

193B—1.3(544A,17A) Meetings. Calls for meetings shall be issued in accordance with Iowa Code section 21.4. The annual meeting of the board shall be the first meeting scheduled after April 30. At this meeting, the president, vice president and secretary shall be elected to serve until their successors are elected. Special meetings may be called by the president or board administrator, who shall set the time and place of the meeting.

Item 4. Amend rule 193B—2.1(544A,17A) as follows:

193B—2.1(544A,17A) Definitions. The following definitions apply as used in Iowa Code chapter 544A, and this chapter of the architectural examining board rules, unless the context otherwise requires.

"Applicant" means an individual who has submitted an application for registration to the board.

"Architectural intern" means an individual who holds a professional degree from an NAAB-accredited program, has completed or is currently enrolled in the NCARB Architectural Experience Program (AXP), formerly known as the Intern Development Program (IDP), and intends to actively pursue registration by completing the Architect Registration Examination.

"ARE" means the current Architect Registration Examination, as prepared and graded by the National Council of Architectural Registration Boards (NCARB).

"Examination" means the current Architect Registration Examination (ARE) accepted by the board.

"IDP" means Intern Development Program.

"IDP AXP applicant" means an individual who has completed the IDP AXP training requirements set forth in the NCARB Handbook for Interns and Architects Architectural Experience Program Guidelines, formerly known as the IDP Guidelines, and has submitted an application for registration to the board.

"Inactive" means that an architect is not engaged in Iowa in any practice for which a certificate of registration is required.

"Intern architect" has the same meaning as "architectural intern."

"Issuance" means the date of mailing of a decision or order or the date of delivery if service is by other means unless another date is specified in the order.

"NAAB" means the National Architectural Accrediting Board.

"NCARB" means the National Council of Architectural Registration Boards.

"NCARB Architect Registration Examination (ARE) Guidelines" means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for examination and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 20006; NCARB's Web site www.ncarb.org; or the architectural examining board.

"NCARB Architectural Experience Program Guidelines," formerly known as the IDP Guidelines, means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for training and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 20006; NCARB's Web site www.ncarb.org; or the architectural examining board.

"NCARB Handbook for Interns and Architects Certification Guidelines" means the most current edition of a document by the same title published by the National Council of Architectural Registration Boards. The document outlines the requirements for examination and registration as an architect and is available through the National Council of Architectural Registration Boards, 1801 K Street NW, Suite 1100, Washington, D.C. 20006; NCARB's Web site www.ncarb.org; or the architectural examining board or the state law library.

"Retired" means that an architect is not engaged in the practice of architecture or earning monetary compensation by providing professional architectural services in any licensing jurisdiction of the United States or a foreign country.

Item 5. Amend rule 193B—2.2(544A,17A), introductory paragraph, as follows:

193B—2.2(544A,17A) Application by reciprocity. Applicants for registration are required to make application to the National Council of Architectural Registration Boards (NCARB) for a certificate. A completed state application form (available on the board's Web site) and a completed NCARB certificate, received within three months of application, shall be filed in the board office before an application will be considered by the board.

Item 6. Amend subrule 2.2(1) as follows:

2.2(1) Registration requirements. The board or its executive officer the board administrator may waive examination requirements for applicants who, at the time of application, are registered as architects in a different jurisdiction, where the applicant's qualifications for registration are substantially equivalent to those required of applicants for initial registration in this state. All such applicants who hold an active NCARB certificate shall be deemed to possess qualifications that are substantially equivalent to those required of applicants for initial registration in this state.

Item 7. Amend rule 193B—2.3(544A,17A) as follows:

193B—2.3(544A,17A) Application for registration by examination.

2.3(1) Eligibility.

a.To be admitted to the examination, an applicant for registration shall have:

(1)Have completed the eligibility requirements of the education standards for NCARB certification, which include a professional degree from a program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB) or be a student actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB-accredited professional degree program in architecture, and shall be

(2)Be enrolled in or have completed the NCARB Intern Development Architectural Experience Program.

b.NCARB shall notify the testing service of the applicant's eligibility prior to the applicant's scheduling of an examination.

2.3(2) Documentation of IDP AXP training units shall be submitted on IDP AXP report forms, published by NCARB, and shall be verified by signatures of the registered architects serving as (1) the intern architect's supervisor in accordance with the requirements outlined in the NCARB Handbook for Interns and Architects, and (2) the intern architect's mentor, usually outside the intern's firm, with whom the intern has met for guidance and evaluation of the intern's progress in the IDP Architectural Experience Program Guidelines. The completed IDP AXP report form shall demonstrate attainment of an aggregate of the minimum number of value units in each training area and shall be submitted to NCARB for evaluation.

2.3(3) All eligibility requirements shall have been verified and satisfied in accordance with the NCARB Handbook for Interns and Architects. The Handbook Architectural Experience Program Guidelines, which is available through NCARB, NCARB's Web site www.ncarb.org or the architectural examining board or the state law library.

2.3(4) No change.

2.3(5) To be eligible for registration, all applicants shall have passed all divisions of the ARE prepared and provided by NCARB, have completed the NCARB Intern Development Architectural Experience Program, and have attained an NCARB council record. A completed NCARB council record shall be transmitted to and filed in the board office within three months of application. Upon receipt of the council record, the board shall provide the applicant with an application for registration form. The board shall issue a registration number to the applicant upon receipt of the completed application form and appropriate fee.

2.3(6) No change.

Item 8. Amend paragraph 2.5(2)"a" as follows:

a. Affirmation. The renewal application form shall contain a statement in which the applicant affirms that the applicant will not engage in any of the practices in Iowa that are listed in Iowa Code section 544A.16 without first complying with all rules governing reinstatement to active status. A person in inactive status may reinstate to active status at any time pursuant to rule 193B—2.8(544A) 193B—2.7(544A).

Item 9. Amend paragraph 2.5(2)"b" as follows:

b. Renewal. A person registered as inactive may renew the person's certificate of registration on the biennial schedule described in 193B—2.5(17A,272C,544A). This person shall be exempt from the continuing education requirements and will be charged a reduced renewal fee as provided in 193B—2.11(544A,17A) 193B—2.9(544A,17A). An inactive certificate of registration shall lapse if not timely renewed. However, the board will accept an otherwise sufficient renewal application that is untimely if the board receives the application and late fee within 30 days of the date of expiration.

Item 10. Amend paragraph 2.5(3)"a" as follows:

a. Affirmation. The retired status application form shall contain a statement in which the applicant affirms that the applicant will not engage in any of the practices in Iowa that are listed in Iowa Code section 544A.16 without first complying with all rules governing reinstatement to active status. A person in retired status may reinstate to active status at any time pursuant to rule 193B—2.8(544A) 193B—2.7(544A).

Item 11. Rescind rule 193B—2.6(544A,17A) and adopt the following new rule in lieu thereof:

193B—2.6(544A,17A) Reinstatement of lapsed certificate of registration to active status. An individual may reinstate a lapsed certificate of registration to active registration as follows:

2.6(1) Pay the current renewal fee.

2.6(2) Pay the reinstatement fee of $100 plus $25 per month or partial month of expired registration up to a maximum of $750. All applicants for reinstatement shall be assessed the $100 reinstatement fee. The $25 per month shall not be assessed if the applicant for reinstatement did not, during the period of lapse, engage in any acts or practices for which an active architect registration is required in Iowa. Falsely claiming an exemption from the monthly fee is a ground for discipline; in addition, other grounds for discipline may arise from practicing on a lapsed certificate, license or permit to practice.

2.6(3) Provide a written statement outlining the applicant's professional activities performed in Iowa during the period of nonregistration. The statement shall include a list of all projects with which the applicant had involvement and shall explain the service provided by the applicant.

2.6(4) Submit documented evidence of completion of 24 continuing education hours, which should have been reported on the June 30 renewal date on which the applicant failed to renew, and 12 continuing education hours for each year or portion of a year of expired registration up to a maximum of 48 continuing education hours. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities and be in compliance with requirements in 193B—Chapter 3. The continuing education hours used for reinstatement may not be used again at the next renewal. Out-of-state residents may submit a statement from their resident state's licensing board as documented evidence of compliance with their resident state's mandatory continuing education requirements during the period of nonregistration. The statement shall bear the seal of the licensing board. Out-of-state residents whose resident state has no mandatory continuing education shall comply with the documented evidence requirements outlined in this subrule.

Item 12. Rescind rule 193B—2.7(544A,17A).

Item 13. Renumber rules 193B—2.8(544A), 193B—2.9(544A,17A) and 193B—2.11(544A,17A) as 193B—2.7(544A), 193B—2.8(544A,17A) and 193B—2.9(544A,17A).

Item 14. Amend renumbered rule 193B—2.7(544A) as follows:

193B—2.7(544A) Reinstatement from inactive status or retired status to active status.

2.7(1) An individual may reinstate an inactive registration or retired registration to active registration as follows:

a. Pay the current active registration fee. If reinstating to active status at a date that is less than 12 months from the next biennial renewal date, one-half of the current active registration fee shall be paid.

b. Submit documented evidence of completion of 24 continuing education hours in compliance with requirements in 193B—Chapter 3. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities. The hours used to reinstate to active status cannot again be used to renew.

(1)At the first biennial renewal date of July 1 that is less than 12 months from the date of the filing of the application to restore the certificate of registration to active status, the person shall not be required to report continuing education hours.

(2)At the first biennial renewal date of July 1 that is more than 12 months, but less than 24 months, from the date of the filing of the application to restore the certificate of registration to active status, the person shall report 12 hours of previously unreported continuing education hours.

c. Provide a written statement in which the applicant affirms that the applicant has not engaged in any of the practices in Iowa that are listed in Iowa Code section 544A.16 during the period of inactive registration.

2.7(2) An individual may reinstate a retired registration to active registration as follows:

a. Pay the current active registration fee. If the individual is reinstating to active status at a date that is less than 12 months from the next biennial renewal date, one-half of the current active registration fee shall be paid.

b. Submit documented evidence of completion of 24 continuing education hours in compliance with requirements in 193B—Chapter 3. All continuing education hours must be completed in health, safety, and welfare subjects acquired in structured educational activities. The hours used to reinstate to active status cannot again be used to renew.

(1)At the first biennial renewal date of July 1 that is less than 12 months from the date of the filing of the application to restore the certificate of registration to active status, the person shall not be required to report continuing education hours.

(2)At the first biennial renewal date of July 1 that is more than 12 months, but less than 24 months, from the date of the filing of the application to restore the certificate of registration to active status, the person shall report 12 hours of previously unreported continuing education hours.

c. Provide a written statement in which the applicant affirms that the applicant has not engaged in any of the practices in Iowa that are listed in Iowa Code section 544A.16 during the period of retired registration.

2.7(2) 2.7(3) An individual shall not be allowed to reinstate to inactive status from retired status.

Item 15. Amend renumbered rule 193B—2.9(544A,17A) as follows:

193B—2.9(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees are hereby adopted:

[Filed 7/25/16, effective 9/21/16]

[Published 8/17/16]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/17/16.