New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 27 - NEW JERSEY STATE BOARD OF ARCHITECTS › Subchapter 3 - ARCHITECTURAL PRACTICE AND RESPONSIBILITY › Section 13:27-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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, 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.
"Aesthetic principles" means the concepts of order, balance, proportion, scale, rhythm, color, texture, mass and form as used in the design process.
"Architect" means an individual who through education, training, and experience is skilled in the art and science of building design and has been licensed or registered by the New Jersey State Board of Architects to practice architecture in the State of New Jersey.
"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 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 14A:17-3, including at least one licensed architect, established pursuant to the "Professional Service Corporation Act" (14A:17-1 et seq.); or a limited liability company established pursuant to the "Limited Liability Company Act" (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 13:27-4.8.
"Architectural services" or "practice of architecture" means the rendering of 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 for the purpose of determining compliance with drawings and specifications.
"Architecture" means the art and science of building design and particularly the design of any structure for human use or habitation. Architecture, further, is the art of applying human values and aesthetic principals to the science and technology of building methods, materials and engineering systems as required to comprise a total building project with a coherent and comprehensive unit of structure and site.
"Board" means the New Jersey State Board of Architects.
"Boards" means the New Jersey State Board of Architects, State Board of Professional Engineers and Land Surveyors and the State Board of Professional Planners.
"Certificate of Authorization" means a certificate issued by the Board to a general business corporation or a limited liability company to permit the practice of architecture pursuant to 45:3-18 or the practice of landscape architecture pursuant to 45:3A-16.
"Certificate of Registration" or "license" means official documents attesting to the fact that the individual has met the minimum requirements to practice architecture or landscape architecture in the State of New Jersey. For the purposes of this chapter, the terms "licensed" and "registered" are used interchangeably.
"Closely allied professional" means, and is limited to, licensed architects, professional engineers, land surveyors, professional planners, licensed landscape architects and persons that provide space planning services, interior design services or the substantial equivalent thereof.
"Construction documents" means the plans and specifications required to make application for a construction permit pursuant to 5:23-2.15(f).
"Construction permit" means an authorization to begin work on a specific project in accordance with 5:23-1.4.
"Continuing education" means professional development activities whose purpose is academic and professional instruction in order to advance the professional knowledge and skill of an architect or landscape architect.
"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.
"Design services" as provided by a builder or home improvement contractor, means conceptual drawings or sketches of floor plans or elevations and the rendering of price quotations or estimates all of which may be necessary to develop the scope, character and potential cost of a one- or two-family detached home or improvement thereto. Design services do not include the preparation of construction documents.
"Diversified experience in architecture" means a wide spectrum of professional experience consistent with the elements defined by the National Council of Architecture Registration Boards (NCARB) through its Intern Development Program (IDP).
"Electronic transmission" means the transmission of electronic data files from one electronic device to another. The term includes manual delivery of electronic data storage media from one person or entity to another.
"Health, safety and welfare programs or courses" means relevant technical and professional architectural continuing education subjects related to safeguarding life, health, and property and promoting the public welfare. The term includes the application of human values and aesthetic principles to the science and technology of structural design or evaluation; building methods, materials, and engineering systems; construction codes; construction-related standards; fire protection; means of egress; and barrier-free accessibility.
"Human use or habitation" means the activities of living, including, but not limited to, fulfilling domestic, religious, education, recreational, employment, assembly, health care, institutional, memorial, financial, commercial, industrial and governmental needs.
"Human values" means the social, cultural, historical, economic and environmental influences that have an impact on the quality of life.
"Immediate family" means a person's spouse and children, the person's siblings and parents and the spouses of the person's children.
"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.
"Landscape Architect Continuing Education System" or "(LA CES)" means a collaboration of the American Society of Landscape Architects, Canadian Society of Landscape Architects, Council of Educators in Landscape Architecture, Council of Landscape Architectural Registration Boards (CLARB), Landscape Architectural Accreditation Board and the Landscape Architecture Foundation, which establishes, maintains and enforces standards for evaluating professional development and continuing education programs for landscape architects.
"Licensed landscape architect" or "landscape architect" means an individual who, by reason of his or her knowledge of natural, physical, mathematical and social sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and is licensed by the Board as a landscape architect.
"Licensee" means a person who has been granted licensure by the New Jersey State Board of Architects.
"Limited liability company" or "(LLC)" means a business entity organized in compliance with the Limited Liability Company Act, 42:2B-1 et seq., to engage in and carry on any lawful business, purpose or activity which combines the attributes of both corporation and partnership, and provides the limited liability generally associated with a corporation and the Federal tax treatment of a partnership.
"Limited liability partnership (LLP)" means an association of two or more persons to carry on as owners of a business for profit, which partnership is formed pursuant to an agreement governed by the laws of this State, registered pursuant to N.J.S.A. 42:1-44 and in compliance with N.J.S.A. 42:1-45.
"Office of a registered architect in private practice" means an organization which offers architectural service, is in the responsible charge of a registered architect(s) who is/are the principal owner or owners of the organization, and has no affiliate engaged in construction activities.
"Organization or affiliate engaged in construction" means one which undertakes to provide labor and/or material for all or any portion of a construction project, whether on lump sum, cost plus or other basis of compensation; and agrees to guarantee to a property owner the maximum construction cost for all or any significant portion of a construction project.
"Person" means any individual, partnership, corporation or any other business entity.
"Practice of landscape architecture" means any service in which the principles and methodology of landscape architecture are applied in consultation, evaluation, planning and design, including the preparation and filing of sketches, drawings, plans and specifications for review and approval by governmental agencies, and responsible administration of contracts to the extent that the primary purpose of the contractual services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches or environment for structures or other improvements, the grading of land and water forms, natural drainage and determination of related impacts, assessments and problems of land disturbance, including erosion and sedimentation, blight or other hazards. This practice includes the proposed location and arrangement of those tangible objects and features as are incidental and necessary for any government approval and as may be prescribed by State or local authorities, but does not include the design of structures or facilities ordinarily included in the practice of engineering or architecture and does not include the making of land surveys, or land plats for official approval or recording or other services as set forth in 45:8-28(e).
"Principal" means a registered architect who is an owner in whole or in part of any business entity authorized by law to offer or render architectural services.
"Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect or a competent licensed landscape architect to those individuals performing services that directly and materially affect the quality and competence of architectural services or landscape architectural services, as appropriate, rendered by the licensee.
"Seal" means a digital or impression type seal meeting the requirements of N.J.A.C. 13:27-6.5 and 8.10 and affixed to a document by a licensee.
"Signature" means a digital or handwritten signature of a licensee affixed to a document in accordance with N.J.A.C. 13:27-6.5 and 8.10.