Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 16 - State Board of Architects, Landscape Architects, and Interior Designers › Rule 235.16.21-001 - Administrative Rules

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER ONE
RULES
SECTION I
SCOPE AND
			 DEFINITIONS
A.
Purpose
These Rules of the Arkansas State Board of Architects,
				Landscape Architects, and Interior Designers are set forth for the purpose of
				interpreting and implementing the Arkansas Architectural Act, Arkansas
				Landscape Architectural Practice Act, and Arkansas Interior Designers Title
				Registration Act, Arkansas Code Annotated
				17-15-101,
				17-35-101,
				and
				17-36-101 et
				seq. These acts establish the board and grant it full responsibility for
				registration of architects, landscape architects, and registered interior
				designers. They also provide for the regulation of the practice of
				architecture, the practice of landscape architecture, and the use of the title
				"registered interior designer."
B.
Citation
These rules shall be known and may be cited as the Arkansas
				State Board of Architects, Landscape Architects, and Interior Designers
				Rules.
C.
Severability
If any provision of these rules or the application thereof to
				any person or circumstance is invalid, such invalidity shall not affect other
				provisions or applications of these rules; they can be given effect without the
				invalid provision or application. To this end, the provisions of these rules
				are declared to be severable.
D.
Terms Defined by Statute
The terms defined in the Arkansas Architectural Act, Arkansas
				Landscape Architectural Practice Act, and Arkansas Interior Designers Title
				Registration Act, Arkansas Code Annotated
				17-15-101,
				17-35-101,
				and
				17-36-101 et
				seq., shall have the same meanings when used in these rules, unless the context
				or subject matter clearly requires a different interpretation.
E.
Terms Defined
			 Herein
As used in these rules, the following terms shall have the
				following meanings, unless the context or subject matter clearly requires a
				different interpretation.
Applicant
An applicant is any individual who has submitted an application
				for registration to the board.
Appropriate Design
				Professional
The appropriate design professional is the individual who is
				most responsible for the portion of the work that reflects that individual's
				discipline or area of expertise. Examples of design professionals include
				architects, civil engineers, structural engineers, mechanical engineers,
				electrical engineers, landscape architects, and registered interior
				designers.
Architect
An architect is any person who is technically and legally
				qualified to practice architecture.
Architect Registration Examination
				(ARE®)
ARE® is the current Architect
				Registration Examination prepared by NCARB.
Broadly Experienced Architect
				(BEA)
BEA is a broadly experienced architect, as currently defined by
				NCARB.
Broadly Experienced Foreign Architect
				(BEFA)
BEFA is a broadly experienced foreign architect, as currently
				defined by NCARB.
Continuing Education
				(CE)
Continuing education is learning that enables a registered
				architect, landscape architect, or registered interior designer to regularly
				increase or update knowledge of and competence in technical and professional
				subjects related to the practice of architecture, landscape architecture, or
				interior design to safeguard the public's health, safety, and welfare.
Continuing Education Hour
				(CEH)
A continuing education hour refers to one continuous hour (50
				to 60 minutes of contact) spent in structured educational activities intended
				to increase or update the architect's, landscape architect's, or registered
				interior designer's knowledge and competence in health, safety, and welfare
				subjects. If the provider of the structured educational activities prescribes a
				customary time for completion of such an activity, then such prescribed time
				shall, unless the board finds the prescribed time to be unreasonable, be
				accepted as the architect's, landscape architect's, or registered interior
				designer's time for continuing education purposes, irrespective of actual time
				spent on the activity.
Council for Interior Design
				Accreditation (CIDA)
CIDA is the Council for Interior Design Accreditation.
Council for Interior Design
				Qualification (CIDQ)
CIDQ is the Council for Interior Design Qualification.
Council of Landscape Architectural
				Registration Boards (CLARB)
CLARB is the Council of Landscape Architectural Registration
				Boards.
Construction Contract
				Administration
Construction contract administration is the portion of the
				architect's services that takes place during the construction of a building.
				Construction contract administration services must include periodic observation
				of the construction site to determine whether the building is being built in
				accordance with the construction documents. The appropriate design professional
				must observe the portion of the work for which he or she is directly
				responsible.
Education Evaluation Services for
				Architects (EESA)
Education Evaluation Services for Architects is a program
				administered by Educational Credential Evaluators, Inc., a private organization
				not affiliated with NCARB or any of its members.
Emeritus
				Architect
An emeritus architect is a registrant who has retired from the
				active practice of architecture and who is 65 years of age or older. An
				emeritus architect may use the title "architect," but may not practice
				architecture as defined in Arkansas Code Annotated §
											17-15-102.
Emeritus Landscape
				Architect
An emeritus landscape architect is a registrant who has retired
				from the active practice of architecture and who is 65 years of age or older.
				An emeritus landscape architect may use the title "landscape architect," but
				may not practice landscape architecture as defined in Arkansas Code Annotated
				§ 1736-102.
Architect
				Examination
Architect examination refers to the current Architect
				Registration Examination (ARE®), prepared and
				administered through NCARB.
Health, Safety, and Welfare
				Subjects
Health, safety, and welfare subjects are related to technical
				and professional courses that the board deems appropriate to safeguard the
				public and that are within the following enumerated areas necessary for the
				proper evaluation, design, construction, and utilization of buildings and the
				built environment:
1. Legal: Laws,
			 codes, zoning, regulations, standards, life safety measures,
accessibility, ethics, and insurance protecting the owner or
				the public
2. Technical:
			 Surveying, structural, mechanical, electrical, communication, fire protection,
			 controls, site grading, irrigation systems
3. Environmental: Energy efficiency,
			 sustainability, natural resources, natural hazards, hazardous materials,
			 waterproofing, insulation, stormwater management
4. Occupant Comfort: Air quality, lighting,
			 acoustics, ergonomics
5. Materials
			 and Methods: Building systems, products, finishes, furnishings,
			 equipment
6. Preservation:
			 Historic, reuse, adaptation
7.
			 Pre-Design: Land use analysis, programming, site selection, site and soils
			 analysis
8. Design: Urban planning,
			 master planning, building design, site design, interiors, safety and security
			 measures
9. Construction Documents:
			 Drawings, specifications, delivery methods
10. Construction Contract Administration:
			 Contracts, bidding, contract negotiations
Interior Design Continuing Education
				Council (IDCEC)
IDCEC is the Interior Design Continuing Education
				Council.
Intern Development Program
				(IDP)
Intern Development Program training requirements for
				certification are established, from time to time, by NCARB.
Interior Design
				Examination
Interior design examination refers to the current registration
				examination, prepared and administered through CIDQ.
Intern
				Architect
An intern architect is any person who possesses a professional
				degree in architecture from an NAAB-accredited school and is enrolled in the
				Intern Development Program (IDP). Use of the title "intern architect" shall not
				be construed to allow practice of architecture by unregistered
				individuals.
Landscape Architectural Accreditation
				Board (LAAB)
LAAB is the Landscape Architectural Accreditation Board.
Landscape
				Architect
A landscape architect is any person who is technically and
				legally qualified to practice landscape architecture.
Landscape Architect
				Examination
Landscape Architect Examination refers to the current Landscape
				Architect Registration Examination (LARE®),
				prepared and administered through CLARB.
Landscape Architect Registration
				Examination
				(LARE®)
LARE® is the current Landscape
				Architect Registration Examination prepared by CLARB.
National Architectural Accrediting
				Board (NAAB)
The NAAB is the National Architectural Accrediting
				Board.
National Council of Architectural
				Registration Boards (NCARB)
NCARB is the National Council of Architectural Registration
				Boards.
Original
				Documents
Original documents refer to the version of drawings and/or sets
				of specifications from which all lawful copies are made.
Practice of
				Architecture
The practice of architecture is the provision of, or the
				offering to provide, the services defined in the Arkansas Architectural Act in
				connection with the design, construction, enlargement, or alteration of a
				building or group of buildings and/or the space within and surrounding
				buildings designed for human occupancy or habitation. These services include
				planning, providing preliminary studies, designs, drawings, specifications, and
				other technical submissions. The practice of architecture also includes
				administrative services during construction.
Principal
A principal is any registered architect in charge of an
				organization's architectural practice, either alone or in partnership with
				other registered architects.
Prototype
				Building
A prototype building is any commercial building or space within
				a commercial building that is intended to be constructed in multiple locations,
				has been constructed in multiple locations, or that conveys an owner's intended
				uniform business program, plan, or image.
Prototypical Building
				Documents
Prototypical building documents are technical submissions for
				prototypical buildings that are prepared by, or under the responsible control
				of, an architect who is registered in any U. S. jurisdiction and who holds
				certification issued by NCARB. These documents must identify the architect, the
				architect's registration number, jurisdiction, or registration, and the
				architect's NCARB certification number. They also must be marked "Prototypical
				Design Documents: Not for Construction." Prototypical building documents do not
				make up a final comprehensive set of design and construction documents because
				a prototypical building requires adaptation for local building site conditions,
				which may require additional design.
Registered Interior
				Designer
A registered interior designer is any person who is technically
				and legally qualified to utilize the title "registered interior
				designer."
Responsible
				Control
Responsible control is the amount of control over and detailed
				knowledge of the content of technical submissions during their preparation,
				which is ordinarily exercised by registered architects who are applying the
				required professional standard of care. Reviewing or correcting technical
				submissions after they have been prepared by others does not constitute the
				exercise of responsible control because the reviewer has neither control over
				nor detailed professional knowledge of the content of such submissions
				throughout their preparation.
Structured Educational
				Activities
Structured educational activities are those in which at least
				75 percent of an activity's content and instructional time is devoted to
				acceptable health, safety, and welfare subjects related to the practice of
				architecture, landscape architecture, and interior design. Activities may
				include courses of study, monographs, or other activities under the areas
				identified as health, safety, and welfare subjects. The activities must be
				provided by qualified individuals or organizations, whether delivered by direct
				contact or distance-learning methods.
Technical
				Submissions
Technical submissions are designs, drawings, specifications,
				studies, and other technical reports prepared in the course of practicing
				architecture and landscape architecture. All technical submissions shall be
				identified by the name and address of the architect, landscape architect, or
				the architect's firm.