reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-2 - REGISTRATION AND RENEWAL › Section 100-X-2-.19 - Remediation Of Unsealed Or Improperly Sealed Documents

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to a complaint alleging the unlicensed practice of
				architecture, work not in compliance with the law may be remedied by the
				following method:
(1) The owner of the
			 project employs an architect registered in Alabama and advises the Board
			 accordingly; and
(2) The architect
			 acknowledges this relationship in a letter to the Board and outlines the scope
			 of work and time line for completion; and
(3) The architect conducts an on-site
			 inspection of the project, prepares "as-built" drawings to document existing
			 building conditions, and prepares a report of any building and life safety code
			 deficiencies, including recommended actions that will bring the building into
			 conformance with all applicable codes. If "as-built" drawings are deemed
			 unnecessary by the architect, the architect shall submit a written statement of
			 explanation to the Board; and
(4)
			 The architect assumes responsibility for the design and becomes the
			 coordinating professional for the project; and
(5) The architect provides notice to the
			 Board when all deficiencies have been addressed and the Authority Having
			 Jurisdiction has been notified.
Author:
Board For Registration Of
				Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39 d.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These rules provide for a post-licensure continuing education
				program that enables a registered architect to increase or update knowledge of
				and competence in technical and professional subjects related to the practice
				of architecture to safeguard the public's health, safety, and
				welfare.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.02 - Scope And Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Scope
. These
			 rules shall apply to every Alabama registered architect as a condition for
			 renewal of registration on an annual basis.
(2)
Exemptions
. A
			 registrant may be exempt from participating in the continuing education program
			 required by these rules for one of the following reasons:
(a) A first-time registrant by examination or
			 NCARB certificate is exempt for his or her first renewal. This provision does
			 not apply to an architect who regains registration through
			 reinstatement.
(b) Registrant is an
			 emeritus status architect.
(c)
			 Registrant is a civilian who serves on active duty in the Armed Forces of the
			 United States for a period of time exceeding ninety (90) consecutive days
			 during the annual report period.
(d) Hardship cases will be considered by the
			 Board on an individual basis and must be received by the Board by December 1. A
			 registrant experiencing physical disability, illness, or other extenuating
			 circumstances beyond his or her control may request extension from the
			 continuing education requirements. The registrant shall provide supporting
			 documentation for the board's review. The board will consider such hardship
			 cases on an individual basis.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.03 - Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Each Alabama registered architect shall complete a minimum of
				twelve (12) structured continuing education hours each calendar year. One
				continuing education hour (CEH) shall represent a minimum of 50 minutes of
				actual contact time. Each CEH must be devoted to health, safety, and welfare
				subjects related to the practice of architecture, including those enumerated
				below, and provided by qualified individuals or organizations, whether
				delivered by direct contact or distance learning methods. The Board has final
				authority to accept courses, credits, and continuing education hours for
				courses and any other method of earning credit. The Board does not pre-approve
				courses.
(1) Topics for the twelve
			 (12) structured CEHs shall include the study of technical and professional
			 subjects 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:
(a) Legal: Laws, Codes, Zoning, Regulations,
			 Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and
			 the Public;
(b) Building Systems:
			 Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire
			 Protection;
(c) Environmental:
			 Energy Efficiency, Sustainability, Natural Resources, Natural Hazards,
			 Hazardous Materials, Weatherproofing, Insulation;
(d) Occupant Comfort: Air Quality, Lighting,
			 Acoustics, Ergonomics;
(e)
			 Materials and Methods: Construction Systems, Products, Finishes, Furnishings,
			 Equipment;
(f) Preservation:
			 Historic, Reuse, Adaptation;
(g)
			 Pre-design: Land Use Analysis, Programming, Site Selection, Site and Soils
			 Analysis, Surveying;
(h) Design:
			 Urban Planning, Master Planning, Building Design, Site Design, Interiors,
			 Safety and Security Measures;
(i)
			 Construction Documents: Drawings, Specifications, Delivery Methods;
(j) Construction Contract Administration:
			 Contracts, Bidding, Contract Negotiations.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.04 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
The continuing education section of the Board's renewal
				application must be completed in full, in order to process, the registration
				renewal.
(1) Unless exempted as
			 provided in
			 100-X-3-.02, each registrant
			 shall submit the required continuing education information, which shall include
			 an affidavit attesting to the registrant's fulfillment of continuing education
			 requirements during the current calendar year. No carry-over of continuing
			 education hours is permitted. Failure to comply with these requirements shall
			 result in non-renewal of the architect's registration.
(2) Each affidavit shall be reviewed by the
			 Board staff and may be subject to audit for verification of compliance with
			 requirements.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.05 - Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The registrant
			 is responsible for retaining documentation of continuing education
			 activities.
(2) These records must
			 be retained for a period of one year from the date the hours are reported as
			 part of the applicant's renewal application. Copies must be furnished to the
			 Board for audit purposes if requested.
(3) Proof of CEH completion include: AIA
			 Transcripts, certificates of completion issued by the course provider, and
			 other correspondence or documentation provided directly from the course
			 provider. HSW must be clearly indicated on the supporting
			 documentation.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.06 - Audit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board will
			 conduct an audit of renewals submitted to ensure compliance with continuing
			 education requirements. Registrants selected for audit will be notified and
			 required to provide documentation in support of hours claimed.
(2) The Board may disallow claimed credit for
			 continuing education hours if the CEHs do not comply with the above
			 requirements. If continuing education hours are disallowed, the registrant
			 shall have thirty (30) calendar days after notification to provide
			 documentation that substantiates the original claim or provide documentation of
			 other continuing education hours to meet the minimum requirements. Continuing
			 education hours submitted to remedy a disallowance shall not be used for
			 registration renewal purposes.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-3 - CONTINUING EDUCATION › Section 100-X-3-.07 - Non-Compliance And Sanctions

Current through Register Vol. 42, No. 9, June 28, 2024
Failure to fulfill the continuing education requirements or
				file the properly completed and signed annual report shall result in
				non-renewal of the architect's certificate of registration.
(1) Failure to respond to audit notification
			 will result in a temporary suspension of registration until such time as audit
			 requirements are met.
(2)
			 Falsification of documentation or willful disregard of these requirements may
			 result in disciplinary action.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.01 - Public Interest In Registration Of Architects

Current through Register Vol. 42, No. 9, June 28, 2024
Architects and the practice of architecture are hereby declared
				to affect the public health, safety, and welfare and to be subject to
				regulation and control in the public interest. It is further declared to be a
				matter of public interest and concern that an architect shall design buildings
				intended for the habitation of people, unless exempted by statute and
				regulation, and as provided below.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-31.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.02 - Buildings Over 2,500 Square Feet

Current through Register Vol. 42, No. 9, June 28, 2024
Any building 2,500 square feet or larger that is erected,
				enlarged, or altered requires the services of a registered architect, other
				than those exempted as enumerated below.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.03 - Buildings Intended For Assembly Occupancy

Current through Register Vol. 42, No. 9, June 28, 2024
Any building erected, enlarged, or altered that is intended for
				the assembly occupancy of people (as classified by the building code adopted in
				the jurisdiction where the building is located) regardless of size requires the
				services of a registered architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.04 - Buildings Intended For Education Occupancy

Current through Register Vol. 42, No. 9, June 28, 2024
Any building erected, enlarged, or altered that is intended for
				use as an education facility (as classified by the building code adopted in the
				jurisdiction where the building is located), regardless of size, requires the
				services of a registered architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.05 - Buildings Intended For Use As An Auditorium

Current through Register Vol. 42, No. 9, June 28, 2024
Any building erected, enlarged, or altered that is intended for
				use as an auditorium, regardless of size, requires the services of a registered
				architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.06 - Buildings Intended For Use As A Church

Current through Register Vol. 42, No. 9, June 28, 2024
Any building erected, enlarged, or altered that is intended for
				use as a place of worship, regardless of size, requires the services of a
				registered architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.07 - Metal Buildings

Current through Register Vol. 42, No. 9, June 28, 2024
In the case of metal buildings, it is permissible for the plans
				for the "shell" to be stamped by a licensed professional engineer; however,
				once occupancy type is established, the services of a registered architect are
				required for design of that building, if not otherwise
				exempted.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.08 - Pre-Manufactured Components Used In Construction

Current through Register Vol. 42, No. 9, June 28, 2024
In the case of pre-manufactured components, if the intended use
				is outside the definition of detached single-family residence, then the
				services of a registered architect are required and the component(s) should be
				designed and reviewed under the appropriate code for the intended
				occupancy.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.09 - Change Of Occupancy

Current through Register Vol. 42, No. 9, June 28, 2024
If a building renovation project results in a change to a more
				restrictive occupancy type (such as business occupancy to assembly or education
				occupancy), an architect is required (regardless of building
				size).
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.10 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
An architect is not required for design of a detached single
				family residence, a farm building, or utility works, structure or building
				(provided the person performing architectural works is employed by an electric,
				gas, or telephone public utility regulated pursuant to Alabama law (or by a
				corporation affiliated with such utility).
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.11 - Roofing Projects

Current through Register Vol. 42, No. 9, June 28, 2024
An architect is not required on a roofing project consisting of
				an exact replacement necessary for maintenance of the building. If the pitch of
				the roof is to be altered or if a new roofing material will be used, the
				services of a registered architect and/or licensed professional engineer will
				be required to evaluate whether the building's structural system will support
				the intended changes. The new roofing materials shall satisfy the
				industry-recognized assembly fire rating requirements corresponding to the
				rating of the existing roof assembly.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.12 - Incidental Practice Of Engineering

Current through Register Vol. 42, No. 9, June 28, 2024
An architect is prohibited from practicing engineering, except
				engineering incidental to the practice of architecture. An architect who
				performs incidental engineering must maintain supporting data and
				documentation, and provide justification and certification information to the
				permitting or regulatory authority. "Incidental Practice of Engineering" shall
				be clarified as follows:
(1) The
			 incidental practice of engineering may include a minor engineering item, but
			 not a complete engineering system;
(2) It is usually of a secondary nature and
			 is typically a smaller portion of the main engineering project;
(3) It is an addition to the main engineering
			 system and does not affect the primary engineering system; and
(4) Incidental engineering items are usually
			 included on the architectural drawings.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-4 - SCOPE OF PRACTICE › Section 100-X-4-.13 - Prohibited Acts (Non-registrants)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual not registered in
			 accordance with §§
								34-2-30 through
			 34-2-42 may not:
(a) Offer, solicit, perform or otherwise
			 provide architectural services in this state, as defined by
The
			 Code of Ala. 1975
§§
									34-2-30,
			 34-2-31, and
			 34-2-32;
(b) Represent oneself to be an "architect" or
			 use any form of the word "architect" on letterheads, title blocks, business
			 cards, verbal claims, advertisements, signs, social media, or other oral or
			 written representations which would lead someone to believe the individual is
			 legally qualified to practice architecture in the state of Alabama;
(c) Prepare and/or submit plans or
			 construction documents for a non-exempt building, unless acting at the
			 direction of and/ or under the responsible control of an architect registered
			 in accordance with
The Code of Ala. 1975
§§
									34-2-30 through
			 34-2-42;
(d) Use or attempt to use the certificate of
			 registration and/or seal of a registered architect, including a suspended,
			 revoked or non-existent certificate of registration;
(e) Impersonate a registered
			 architect;
(f) Direct the
			 professional judgment of a registered architect, including authorizing
			 deviations from sealed architectural plans and specifications during the
			 construction phase of a project;
(g) Alter, amend, or misrepresent Architect
			 Registration Examination® test results in an attempt to falsely gain
			 registration as an architect;
(h)
			 Provide construction administration services on a nonexempt construction
			 project, unless acting at the direction of and/or under the responsible control
			 of an architect registered in accordance with
The Code of Ala.
			 1975
§§
									34-2-30 through
			 34-2-42.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.01 - Regulation Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
In order to safeguard life, health and promote the public
				welfare, the Board shall have the power to regulate the practice of
				architecture in Alabama, whatever the nature of such practice. All registered
				architects, whether resident or non-resident, are expected to practice in
				accordance with the statutes and regulations governing the practice of
				architecture in Alabama.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-31.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed April 24, 2024 is not yet
				available.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.02 - Use Of The Title "Intern-Architect"

Current through Register Vol. 42, No. 9, June 28, 2024
An individual who possesses a NAAB-accredited professional
				degree in architecture, is actively enrolled in the NCARB Architectural
				Experience Program, and is working under the responsible control of a
				registered architect may use the title "Intern Architect."
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-31.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.03 - The Architect's Seal

Current through Register Vol. 42, No. 9, June 28, 2024
Upon approval of registration, the Board will advise the
				registrant that he or she should secure a seal. The Board will provide the
				registrant with a sample of the seal. The seal may be a rubber stamp, an
				impression seal, or a computer-generated seal, if allowed by the Authority
				Having Jurisdiction. The seal shall be circular, two inches in diameter, and
				shall contain an outer circle which reads "STATE OF ALABAMA" at the top and
				"REGISTERED ARCHITECT" at the bottom. The architect's name and registration
				number must be placed inside the inner circle. The seal shall be used to
				identify all drawings, duplication of drawings, plans, specifications, plats
				and reports issued from his or her office for use in this state. By affixing
				the seal, the architect signifies that the document was prepared either by the
				registrant personally or under his or her responsible control.
(1) The architect's seal must be affixed on
			 all final drawings, plans, specifications, plats and reports whenever presented
			 to a client or any public or governmental agency for the purpose of obtaining a
			 permit for construction. Work products presented which are not final shall be
			 so identified. Working drawings or unfinished, in-progress drawings must
			 contain the following statement: "PRELIMINARY-NOT FOR CONSTRUCTION."
(2) The architect's seal shall substantially
			 resemble the sample seal shown below:
Click to view
				image
Author
: Board for Registration of
				  Architects
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-2-35.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.04 - Remediation Of Unsealed Or Improperly Sealed Documents

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to a complaint alleging the unlicensed practice of
				architecture, work not in compliance with the law may be remedied by the
				following method:
(1) The owner of the
			 project employs an architect registered in Alabama and advises the Board
			 accordingly; and
(2) The architect
			 acknowledges this relationship in a letter to the Board and outlines the scope
			 of work and time line for completion; and
(3) The architect conducts an on-site
			 inspection of the project, prepares "as-built" drawings to document existing
			 building conditions, and prepares a report of any building and life safety code
			 deficiencies, including recommended actions that will bring the building into
			 conformance with applicable codes. If "as-built" drawings are deemed
			 unnecessary by the architect, the architect shall submit a written statement of
			 explanation to the Board; and
(4)
			 The architect assumes responsibility for the design and becomes the
			 coordinating professional for the project; and
(5) The architect provides notice to the
			 Board when all observable deficiencies have been addressed and the Authority
			 Having Jurisdiction has been notified.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39 d.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.05 - Successor Architect

Current through Register Vol. 42, No. 9, June 28, 2024
In circumstances where an Alabama registered architect can no
				longer provide services on a project (such as death, retirement, disability,
				contract termination, etc.), a successor architect (who is also registered in
				Alabama) may undertake a project by performing all professional services,
				including development of a complete design file with work or design criteria,
				calculations, code research, and any necessary and appropriate changes to the
				work. The non-professional services, such as drafting, need not be redone by
				the successor architect but must clearly and accurately reflect the successor's
				work. The burden is on the successor architect to show such compliance. The
				successor architect shall have control of and responsibility for the work
				product and the originals of all documents. All references to the original
				architect (title block, seal, signatures, etc.) must be removed from the
				documents.
(a) In cases of
			 termination, the successor architect should ensure that the original architect
			 has been advised in writing by the client that the contract has been
			 terminated.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39 d.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.06 - Construction Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 On a project where a building permit has been issued and an Alabama registered
			 architect has not been engaged, or is no longer engaged, to perform
			 construction administration services, the architect must report to the building
			 official and the Board that he or she has not been, or is no longer, so
			 engaged.
(2) Construction
			 administration services of an architect deemed necessary to protect the health,
			 safety, and welfare of the public include but not necessarily limited to
			 periodic site observations of the construction progress and quality, review of
			 contractor submittal data and drawings, and reporting to the building official
			 and owner any violations of codes or substantial deviations from the contract
			 documents that the architect observed. As with other architectural services,
			 qualified employees of registered architects may perform construction
			 administration services under the instruction and responsible control of their
			 employees.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed April 24, 2024 is not yet
				available.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.07 - Construction Administration For Exempt Projects

Current through Register Vol. 42, No. 9, June 28, 2024
An Alabama registered architect who prepares documents for a
				project, regardless of whether the project is exempted, shall perform
				construction administration services as described in §
								34-2-32 (
Code of Ala. 1975
) and Rule
				100-X-5-.06.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed April 24, 2024 is not yet
				available.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.08 - Prototypical Documents

Current through Register Vol. 42, No. 9, June 28, 2024
Prototypical plans consist of drawings or specifications not
				intended as final and complete construction documents for a building project,
				but rather as a sample or model to provide general guidance for a building or
				buildings to be constructed in more than one location with substantially few
				design changes or additions, except those required to adapt to each particular
				site. Prototypical documents may or may not be premised upon laws, rules and
				regulations, or adopted building code of a particular state, county, or
				municipality, but shall be adaptable to the regulations or codes of each
				applicable construction location. Prototypical documents are generally not
				designed for a specific climate, weather, topography, soil, or other
				site-specific conditions or requirements, but are intended to be adapted to
				those and other site-specific conditions. Prototypical documents may or may not
				originate from a registered design professional (architect or professional
				engineer).
(a) Nothing in these rules
			 precludes the use of prototypical documents, provided the architect ensures
			 that all of the following conditions are met:
(1) Obtains written permission from the
			 design professional who prepared or sealed the prototypical documents, or from
			 the legal owner of the prototypical documents, to use, revise, amend and
			 otherwise adapt the prototypical documents; and
(2) Thoroughly reviews the prototypical
			 documents, makes necessary revisions, and adds all required elements and design
			 information (including the design services of engineering consultants if
			 warranted), so that the prototypical documents become suitable construction
			 documents, in full compliance with applicable codes, regulations, and
			 site-specific requirements; and
(3)
			 Independently performs, and maintains on file, necessary calculations to verify
			 the public health and safety suitability of all elements or features portrayed
			 by the original prototypical documents; and
(4) After reviewing, analyzing, calculating
			 and making revisions and additions, re-draws and issues the documents with the
			 architect's title block and Alabama registration seal (or the seals of licensed
			 consultants as applicable), maintaining responsible control over use of the
			 final adapted documents as if they were the architect's original design and
			 assuming full responsibility as the architect of record.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.09 - Design-Build

Current through Register Vol. 42, No. 9, June 28, 2024
A registered architect may combine with a licensed general
				contractor or a professional engineer in order to participate in a design-build
				undertaking whereby the architect prepares plans and specifications through
				individual or collective agreements with the owner or contractor in order to
				meet the owner's requirements for unified control in the design and
				construction services rendered under the following conditions:
(a) That nothing herein shall be construed so
			 as to allow the offering or other performance of any architectural services by
			 anyone who is not duly licensed as an architect in this state;
(b) That full disclosure is made in writing
			 to the owner as to the duties and responsibilities of each of the participating
			 parties in such agreements;
(c) The
			 architect shall not furnish any services in such a manner as to enable a
			 contractor, owner or others to perform architectural services or to evade the
			 public health and safety requirements;
(d) The architect shall not seal drawings,
			 specifications, reports or other professional work which was not prepared by or
			 under the responsible control of the architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.10 - Design-Build

Current through Register Vol. 42, No. 9, June 28, 2024
A registered architect may combine with a licensed general
				contractor or a professional engineer in order to participate in a design-build
				undertaking whereby the architect prepares plans and specifications through
				individual or collective agreements with the owner or contractor in order to
				meet the owner's requirements for unified control in the design and
				construction services rendered under the following conditions:
(a) That nothing herein shall be construed so
			 as to allow the offering or other performance of any architectural services by
			 anyone who is not duly licensed as an architect in this state;
(b) That full disclosure is made in writing
			 to the owner as to the duties and responsibilities of each of the participating
			 parties in such agreements;
(c) The
			 architect shall not furnish any services in such a manner as to enable a
			 contractor, owner or others to perform architectural services or to evade the
			 public health and safety requirements;
(d) The architect shall not seal drawings,
			 specifications, reports or other professional work which was not prepared by or
			 under the responsible control of the architect.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.11 - Branch Offices

Current through Register Vol. 42, No. 9, June 28, 2024
Each office engaged in the practice of architecture shall have
				an architect resident and regularly employed in that office. The registrant
				must supervise the day-to-day operation of the branch office, meaning he or she
				is regularly employed at that office
only
and the
				practice of architecture is under his or her responsible
				control.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-35.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.12 - Branch Offices

Current through Register Vol. 42, No. 9, June 28, 2024
Each office engaged in the practice of architecture shall have
				an architect resident and regularly employed in that office. The registrant
				must supervise the day-to-day operation of the branch office, meaning he or she
				is regularly employed at that office
only
and the
				practice of architecture is under his or her responsible
				control.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-35.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-5 - PRACTICE REQUIREMENTS › Section 100-X-5-.13 - Pro Bono Architectural Services

Current through Register Vol. 42, No. 9, June 28, 2024
Services that are provided free of charge to an owner, client,
				or local municipality are subject to the professional standard of care that is
				expected of all registered architects practicing in the State of
				Alabama.
Rule Number .12 was renumbered .13 as per certification filed
				  March 2, 2016; effective April 16, 2016
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-32.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-6 - COMPLAINTS AND DISCIPLINE ACTIONS › Section 100-X-6-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
The Board has the authority to investigate or cause to be
				investigated any matter that is brought to the Board's attention. The Board
				shall supply a complaint form to the public to assist in providing information
				outlining the nature of the complaint. All complaints shall be in writing. The
				Board, through its Executive Director, has the authority to subpoena records
				during the course of investigations and to compel the attendance of witnesses
				to testify during the course of investigations or to testify at hearings before
				the Board. The Board shall have the power to hold hearings, to set fines, to
				suspend registration, and or other appropriate measures upon any architect
				found guilty of any violation.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-6 - COMPLAINTS AND DISCIPLINE ACTIONS › Section 100-X-6-.02 - Probable Cause

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receiving a complaint, the Executive Director shall refer
				the complaint to one member of the Board; provided, however, that if the
				complaint is first made to a Board member, then it shall be referred to that
				Board member. Said Board member, the Executive Director, and the Board's legal
				counsel shall form the Probable Cause Committee, who determines whether the
				complaint falls under the purview of the Board and whether there is probable
				cause to believe that a violation of the Board's statutes or regulations has
				occurred.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-6 - COMPLAINTS AND DISCIPLINE ACTIONS › Section 100-X-6-.03 - Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall employ an investigator who will pursue the
				facts in complaints filed with the Board. The Executive Director or the
				Probable Cause Committee will provide guidance regarding evidence to be
				collected, as appropriate. A written summary of the investigator's findings
				will be presented to the Probable Cause Committee for determination of
				violation of the Board's statutes and regulations.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-6 - COMPLAINTS AND DISCIPLINE ACTIONS › Section 100-X-6-.04 - Disciplinary Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
If the Probable Cause Committee determines that charges should
				be filed, the respondent is notified of the specific nature of the charges and
				the Board's proposed settlement of the issues. Said notice shall be sent by
				certified mail, return receipt requested, to the respondent's last known
				address. If a hearing is to be scheduled, the notice shall be sent by certified
				mail, return receipt requested, to the respondent's last known address not less
				than ten (10) days before the date of the scheduled hearing. The Board will
				conduct the hearing with the assistance of a hearing officer, who will hear all
				competent and relevant evidence in support of the charges. The hearing will be
				conducted in accordance with the Alabama Administrative Procedures Act, Section
				41-22-13,
Code of Ala. 1975
. Upon conclusion of the hearing, the
				members of the Board (excluding the Probable Cause Committee Board member) will
				determine the appropriate action to be taken, and shall notify, or cause to be
				notified, the respondent of such action. If the Board suspends or revokes a
				registration, or issues a reprimand or fine against the respondent, he or she
				may appeal to the Circuit Court of Montgomery County,
				Alabama.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-31.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed April 24, 2024 is not yet
				available.
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-6 - COMPLAINTS AND DISCIPLINE ACTIONS › Section 100-X-6-.05 - Public Notice Of Actions

Current through Register Vol. 42, No. 9, June 28, 2024
Settlement agreements, consent agreements, and orders resulting
				from disciplinary hearings are public records. The Board will report
				disciplinary actions on its website, in its newsletter and to the NCARB
				disciplinary database. Additional publication may be ordered on a case-by-case
				basis at the discretion of the Board.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-34
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-7 - CODE OF PROFESSIONAL CONDUCT › Section 100-X-7-.01 - Competence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In practicing
			 architecture, an architect's primary duty is to protect the public's health,
			 safety, and welfare. In discharging this duty, an architect shall act with
			 reasonable care and competence, and shall apply the knowledge and skill which
			 is ordinarily applied by architects of good standing, practicing in the same
			 locality.
(2) In designing a
			 project, an architect shall take into account all applicable state and
			 municipal building laws and regulations. While an architect may rely on the
			 advice of other professionals (e.g. attorneys, engineers, and other qualified
			 persons) as to the intent and meaning of such laws and regulations, once having
			 obtained such advice, an architect shall not knowingly design a project in
			 violation of such laws and regulations.
(3) An architect shall undertake to perform
			 professional services only when he or she, together with those whom the
			 architect may engage as consultants, is qualified by education, training, and
			 experience in the specific technical areas involved.
(4) No person shall be permitted to practice
			 architecture if, in the Board's judgment, such person's professional competence
			 is substantially impaired by physical or mental disabilities.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-7 - CODE OF PROFESSIONAL CONDUCT › Section 100-X-7-.02 - Conflict Of Interest

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 architect shall not accept compensation in connection with services from more
			 than one party on a project (and never in connection with specifying or
			 endorsing materials or equipment) unless the circumstances are fully disclosed
			 to and agreed to (such disclosure and agreement to be in writing) by all
			 interested parties.
(2) If an
			 architect has any business association or direct or indirect financial interest
			 which is substantial enough to influence his or her judgment in connection with
			 the performance of professional services, the architect shall fully disclose in
			 writing to his or her client or employer the nature of the business association
			 or financial interest, and if the client or employer objects to such
			 association or financial interest, the architect will either terminate such
			 association or interest or offer to give up the commission or
			 employment.
(3) An architect shall
			 not solicit or accept compensation from material or equipment suppliers in
			 connection with specifying or endorsing their products. As used herein,
			 "compensation" shall not mean customary and reasonable business hospitality,
			 entertainment, or product education.
(4) When acting as the interpreter of
			 building contract documents and the judge of contract performance, an architect
			 shall render decisions impartially, favoring neither party to the
			 contract.
Author:
Board for Registration of
				  Architects
Statutory Authority:
Code of Ala.
				  1975
, §
										34-2-39
Alabama Administrative Code › Title 100 - ALABAMA STATE BOARD FOR REGISTRATION OF ARCHITECTS › Chapter 100-X-7 - CODE OF PROFESSIONAL CONDUCT › Section 100-X-7-.03 - Full Disclosure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 An architect, making public statements on architectural questions, shall
			 disclose when he or she is being compensated for making such statement or when
			 he or she has an economic interest in the issue.
(2) An architect shall accurately represent
			 to a prospective or existing client or employer his or her qualifications and
			 the scope of his or her responsibility in connection with work for which he or
			 she is claiming credit.
(3) If, in
			 the course of his or her work on a project, an architect becomes aware of a
			 decision taken by his or her employer or client, against the architect's
			 advice, which violates applicable state or municipal building laws and
			 regulations and which will, in the architect's judgment, materially and
			 adversely affect the safety to the public of the finished project, the
			 architect shall:
(a) Report the decision to
			 the local building inspector or other public official charged with the
			 enforcement of the applicable state or municipal building laws and
			 regulations;
(b) Refuse to consent
			 to the decision; and
(c) In
			 circumstances where the architect reasonably believes that other such decisions
			 will be taken notwithstanding his or her objection, terminate his or her
			 services with reference to the project unless the architect is able to cause
			 the matter to be resolved by other means.
1.
			 In the case of a termination in accordance with (c) above, the architect shall
			 have no liability to his or her client or employer on account of such
			 termination.