West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Terms defined in W. Va. Code
				§
									30-12-2 have the same meanings when used in this rule unless the context
				or subject matter clearly requires a different interpretation.
2.2. As used in this rule, the following
				terms have the following meanings unless the context or subject matter clearly
				requires a different interpretation:
2.2.1.
				Applicant -- An individual who has submitted an application for initial
				registration or registration renewal to the Board.
2.2.2. ARE® - The current Architect
				Registration Examination prepared by NCARB.
2.2.3. AXP -- Architectural Experience
				Program, formerly named Intern Development Program (IDP), as developed and
				administered by NCARB to earn and record professional experience in six broad
				experience areas.
2.2.4. Calendar
				Year -- a twelve-month period beginning on January first and ending on December
				thirty first.
2.2.5. "Certificate,"
				"license" or "registration" -- means the certificate of registration issued by
				the Board to registered architects pursuant to W. Va. Code §
										30-12-1 et
				seq.
2.2.6. Commercial Structure --
				Any privately, corporately, or publicly owned structure used for interchange of
				goods, commodities, trades, services, education, social relations,
				entertainment, and/or which may be used by the general public as transient
				visitors or as employees.
2.2.7.
				Continuing Education -- Post-licensure learning 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.
2.2.8. Continuing Education Hour -- One
				continuous instructional hour spent in Structured Educational Activities
				intended to increase the architect's knowledge and competence in Health,
				Safety, and Welfare Subjects.
2.2.9. Division -- A unit of the ARE®
				that tests the applicant's knowledge of a certain subject area.
2.2.10. Education Requirements -- The
				education requirements including equivalences established for certification
				from time to time by NCARB, as accepted by the Board.
2.2.11. Emeritus Architect -- A registrant
				who has retired from the active practice of architecture and meets the criteria
				established in this rule.
2.2.12.
				Examination -- The Architect Registration Examination® (ARE®), prepared
				by and administered through NCARB, as accepted by the Board.
2.2.13. "Felony" -- means a felony related to
				the fitness of an architect to practice architecture, including those crimes
				that have dishonesty as a fundamental and necessary element. Felonies that,
				upon conviction, constitute grounds for disciplinary action by the Board
				include, but are not limited to:
2.2.13.a.
				False swearing or perjury in a court proceeding related to the applicant's
				practice of architecture;
2.2.13.b.
				Felonies involving theft, bribery, embezzlement, forgery, falsification or
				destruction of records, fraud or misrepresentation; and
2.2.13.c. Any other felony offense
				demonstrating a lack of business integrity or business honesty.
2.2.14. Fiscal Year -- a
				twelve-month period beginning on July first and ending on June
				thirtieth.
2.2.15. Health, Safety,
				and Welfare Subjects -- Technical and professional subjects that the Board
				considers 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.
CONSTRUCTION & EVALUATION: construction contract
				  administration and post-occupancy evaluation of projects: preconstruction
				  activities, construction observation, administrative procedures and protocols,
				  and project closeout and evaluation.
PRACTICE MANAGEMENT: management of architectural practice and
				  the details of running a business: business operations, finance, risk and
				  development of practice, practice-wide delivery of services, and practice
				  methodologies.
PROGRAMMING & ANALYSIS: evaluation of project
				  requirements, constraints, and opportunities: environmental and contextual
				  conditions, codes and regulations, site analysis and programming, and building
				  analysis and programming.
PROJECT DEVELOPMENT & DOCUMENTATION: integration and
				  documentation of building systems, material selection, and material assemblies
				  into a project: integration of building materials and systems, construction
				  documentation, project manual and specifications, codes and regulation, and
				  construction cost estimates.
PROJECT MANAGEMENT: management of architectural projects
				  through execution: resource management, project work planning, contracts,
				  project execution, and project quality control.
PROJECT PLANNING & DESIGN: preliminary design of sites
				  and buildings: environmental conditions and context, codes and regulation,
				  building systems, materials, and assemblies, project integration of program and
				  systems, and project costs and budgeting.
2.2.16. Intern -- An individual in the
				process of satisfying this registration Board's training requirements. This
				includes graduates from accredited architectural programs, architecture
				students who acquire acceptable training prior to graduation, and other
				qualified individuals identified by these regulations.
2.2.17. Multi-family Residential Structure --
				Residential structures including apartments, and condominiums having three or
				more residential units.
2.2.18. NAAB -- The
				National Architectural Accrediting Board.
2.2.19. NCARB -- The National Council of
				Architectural Registration Boards.
2.2.20. Principal -- An individual who is (a)
				a registered architect and (b) in charge of an organization's architectural
				practice, either alone or with other registered architects.
2.2.21. Professional negligence -- means
				negligence demonstrating a wanton indifference to the interests of the public
				that caused, or that had a substantial likelihood of causing, serious harm to
				the public. A civil judgment for malpractice in the practice of architecture is
				not conclusive proof that an architect is guilty of professional negligence
				sufficient to support the imposition of professional discipline.
2.2.22. Prototypical Building -- Any
				commercial structure or space within a commercial structure that is intended to
				be constructed in multiple locations and in fact then has been constructed in
				multiple locations and which conveys an owner's intended uniform business
				program, plan, or image.
2.2.23.
				Prototypical Building Documents -- Technical submissions for prototypical
				buildings that are prepared by or under the responsible control of an architect
				then registered in any United States jurisdiction and holding a current and
				valid certification issued by NCARB that identify such architect together with
				the architect's registration number, jurisdiction of registration, and NCARB
				certificate number and that are marked "Prototypical Design Documents Not for
				Construction". Prototypical building documents do not comprise a final,
				comprehensive set of design and construction documents because a prototypical
				building also requires adaptations for the local conditions, including site
				conditions and local codes, and may require additional design as well.
2.2.24. Reinstatement -- The
				process of restoring an architectural registration after either an intervening
				period of inactive status of between sixmonths and five years or a period of
				emeritus status of any length.
2.2.25. Renewal -- The process of continuing
				an active architectural registration from one fiscal year to the next with
				either no intervening period of inactive status or an intervening period of
				inactive status of less than sixmonths.
2.2.26. Responsible Control -- That amount of
				control over and detailed professional knowledge of the content of technical
				submissions during their preparation as is ordinarily exercised by a registered
				architect applying the required professional standard of care including but not
				limited to an architect's integration of information from manufacturers,
				suppliers, installers, the architect's consultants, owners, contractors, and
				other sources the architect reasonably trusts that is incidental to and
				intended to be incorporated into the architect's technical submissions if the
				architect has coordinated and reviewed such information. Other review, or
				review and correction, of 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 submission throughout their preparation.
2.2.27. Structured Educational Activities --
				Continuing Educational activities in which the teaching methodology consists
				primarily of the systematic presentation of Health, Safety, and Welfare
				Subjects by qualified individuals or organizations, including monographs,
				courses of study taught in person or by distance learning, correspondence,
				organized lectures, presentations or workshops and other means through which
				identifiable technical and professional subjects are presented in a planned
				manner.
2.2.28. "Willful departure
				from accepted standards of professional conduct" means:
2.2.28.a. Default on obligations owed to the
				state in connection with the practice of architecture, including but not
				limited to obligations under the West Virginia workers' compensation act, the
				West Virginia unemployment compensation act, and West Virginia state tax and
				revenue laws;
2.2.28.b. Willful
				failure to substantially perform in accordance with the terms of a contract or
				subcontract;
2.2.28.c. Performance
				in violation of standards established by law or generally accepted standards
				for the practice of architecture amounting to intentionally deficient or
				grossly negligent performance on a contract;
2.2.28.d. Specification of substandard
				materials, or design defects amounting to intentionally deficient or grossly
				negligent performance; or
2.2.28.e.
				Any other cause of a serious and compelling nature amounting to knowing and
				willful misconduct in the practice of architecture.