NCARB 2013 Annual Report

 

Chair: Anne K. Smith, AIA

Region 3

Report

Region 3 comprises Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Texas, and the U.S. Virgin Islands.

FY13 Officers: Director:
Kristine A. Harding, AIA, NCARBAlabama Member Board Member Chair:
Anne K. Smith, AIAGeorgia Member Board Member Vice Chair:
Alfred Vidaurri, Jr., AIA, AICP, LEED AP
Texas Member Board Member Treasurer:
John Cardone Jr.Louisiana Member Board Member Secretary:
Robert McKinney, AIA, LEED AP, NCARBLouisiana Member Board Member MBE:
John CothronTennessee Member Board ExecutiveHighlights/Year-End Summary

We have had another successful and busy year in Region 3. Much of our success is due to our amazing Regional Executive Jenny Wilkinson and the hard work of our Executive Committee. We were very pleased to host Regions 4 and 5 in Charleston for our Spring Joint Meeting. This year marks the 50th anniversary of Region 3, and I would like to thank Jan Simpson, Dennis Ward, Cathe Evans, and Alice DeBorde for all of their help planning the celebration.

 

This year, Jenny and I attended Regional Leadership/Governance Task Force meetings where the regions shared their role, structure, bylaws, finances, policies, and traditions. This has given us extensive insight regarding our differences and similarities. We agreed that one of the major roles of the regions is to groom future leaders and allow for grassroots participation. We discussed why regions exist, what their roles are, how we operate, cost to participate, and other interesting regional activities. The discussions were lively and helped us all understand our challenges and opportunities as we move forward—starting with one regional meeting next spring.

 

The review of our bylaws and policies continued and were updated for compliance with our nonprofit status. As requested last year by our members, an Awards and Recognitions Task Force was created to give us guidance for recognizing and remembering our contributing members. John Cothron led this effort with help from Cathe Evans and others. Based on their recommendations, we presented certificates and mementos to our special guests at the 50th anniversary celebration and will follow this new tradition in the future.

 

The planning for next year’s Educator Conference has begun and will be led by Robert McKinney with help from Dan Bennett. We plan to host this event every other year and will be releasing further details soon. Having educators, practitioners, and regulators come together to share ideas and discuss important issues is a great opportunity for us to learn from one another.

 

STATE REPORTSAlabamaBoard members are considering significant revisions to our current regulation addressing construction administration. The revision more completely outlines the standard of care expected of an Alabama registered architect during the construction phase of a building project. The board has become aware of potential legislation that will allow public owners an alternative means for procuring design and construction services for public works contracts, specifically construction manager at risk and design build. The construction manager at risk or design builder assumes the risk for construction, rehabilitation, alteration, or repairs of a public works project at a contracted price and provides the selection of all contractors and subcontractors necessary to complete the work.ArkansasThe Arkansas State Board of Architects, Landscape Architects, and Interior Designers is pleased to report the Arkansas General Assembly has recently approved an act to make an appropriation for the board’s operating expenses through the 2014 fiscal year. The budget appropriation includes an increase in travel funding for board staff to attend collateral organization regional and national meetings. The board recently initiated a comprehensive rules and regulations review aimed at further alignment of licensure fees and continuing education requirements across all three regulated professions. Additional proposed rule changes include alignment of licensure renewal dates to coincide with the new calendar year continuing education reporting period. The board is also looking to clarify the procedure for reactivation of a lapsed license.FloridaDuring the past year the Board of Architecture and Interior Design (BOAID) has continued its statutory responsibility to monitor and regulate the practice of architecture and interior design within the state. BOAID is managed through statutory authority by the Department of Business and Professional Regulation for its day-to-day operation, and the investigation and prosecution functions are handled through a contract with a private law firm. Florida has a total of 9,852 registered architects; 5,121 reside in the state and 4,731 practitioners are out of state. The board also regulates interior designers, and there are a total of 2,915 registered interior designers in Florida. During 2012, we have seen the number of licensed architects increase. Within the above numbers there are 423 newly registered or new additions by endorsement over the last year. Hopefully this may point to a positive upturn in the economic direction for the profession. During the 2012 Legislative Session, changes were made to the law governing the practice of architecture and interior design that were the culmination of a yearlong effort to streamline the licensure process for architects. These changes will allow an NCARB Certificate holder to become licensed in Florida without the previously required educational review related to the NAAB-accredited degree. These changes will also allow an individual who has completed the NCARB Broadly Experienced Architect (BEA) Program to practice in Florida. This bold step forward changed a decades-old requirement of “looking behind the cover.” Other changes eliminated some archaic language that was no longer reflected current procedures and policies. Additionally, Florida is one of a few jurisdictions that has the ability to modify its continuing education requirements without a legislative change. We have implemented a rule change in order to align with the NCARB’s Model Law. Starting with the 2015 renewal cycle, all licensees will be required to obtain 24 CEHs during the two calendar years immediately prior to renewal (January 2013 to December 2014). All 24 CEHs must be in HSW courses and will be delivered in a structured setting. During the last fiscal year, 206 complaints were filed with BOAID. Of those cases, 190 were determined to be legally sufficient; 75 were related to improper practice of either architecture or interior design, and 117 were related to the unlicensed practice of architecture or interior design; 16 cases were dismissed. Currently the board is in the midst of a competition for a public service announcement video regarding the “unlicensed practice” of architecture. The competition is co‐sponsored with AIA Florida and is open to individuals or teams of students at Florida schools with an architecture program. The winning video will be used in a social media setting to discuss the dangers of using an unlicensed person on a building project. The submittals are due shortly, and our hope is that they will be available for wide distribution through NCARB and AIA. In January of this year, Anthony (Tony) Spivey resigned his position with the Department of Business and Professional Regulation to pursue a career in teaching. We wish Tony Godspeed in his new adventure. The Department has assigned Juanita Chastain as interim executive director. Some of you may remember Juanita from her previous days with the Board of Architecture and Interior Design. Our board is hopeful that this interim position will soon become a permanent assignment.GeorgiaLike many states, we are continuing to experience severe cuts in funding for the Professional Licensing Division, which has resulted in more work for fewer staff. The secretary of state has proposed a few reorganizational models that have not gained traction. The most recent legislation proposed from one of our state representatives called for all licenses to be issued for six years and the elimination of all continuing education requirements except as a result of a disciplinary action; the legislation was tabled.LouisianaIn December, at the request of the Louisiana Fire Sprinkler Association (LFSA), the Louisiana State Fire Marshall held a meeting with members of the LFSA, AIA Louisiana, Louisiana State Board of Architectural Examiners (LSBAE), Louisiana Professional Engineering and Land Surveying Board, and the Louisiana Engineering Society. The LFSA is concerned about the growing trend for design professionals to indicate in the specification and construction documents that fire suppression systems are to be designed by the contractor. In an attempt to address this issue, the Louisiana State Fire Marshalls office made a recommendation to the architecture and engineering licensing boards to require continuing education unit (CEU) credit focused on fire suppression systems and their design on an yearly basis. Of concern to the LSBAE is the possibility of the LFSA seeking legislation requiring design professionals to have CEU credit of fire suppression systems. The AIA Louisiana and the Louisiana State Board of Architectural Examiners recognized newly licensed architects during the fall 2012 AIALA Annual Design Conference held in Lafayette, LA. All new licensees received a survey marker engraved with their name and the year in which they were licensed. The awards were presented by AIALA president Mark Steipler and LSBAE President Robert McKinney. NCARB Manager, Internship + Education Martin Smith presented a seminar entitled “Designing Your Career.” In the fall, the LSBAE conducted an online customer satisfaction survey that revealed how highly respected Teeny Simmons and her staff are to Louisiana architects. The LSBAE board developed a rule on the architect’s seal or stamp that specifies the shape, size, and design of the seal. The LSBAE is in the process of adopting General Disciplinary Guidelines that specifies the disciplinary action and fines associated with specific violations of the licensing law. To address legislation passed in Louisiana regarding the licensing of military trained applicants and military spouses, the LSBAE established a committee to review any such requests.MississippiThe board continues to work on overlap issues with the engineer’s board, and a joint committee of the two boards has been formed. Slow progress is being made. The board is hopeful that members can work out issues board to board, without the attorney general’s involvement. Three varied opinions have now been issued by the attorney general’s office. The conflicting opinions have understandably caused a great deal of confusion for practitioners and building officials. The continuing education changes to model the new 12 hour per year standard are in effect, but optional for this current period. They will be mandatory beginning next year. The military licensing legislation was introduced in Mississippi. Because the legislation calls for a “substantially equivalent” licensure or military specialty process, it appears that it will not be problematic. The board hosted an honorary luncheon for new licensees last June and plans a similar event for this fall. This has become an annual event and may be revised to include interior designers this year. The board began accepting applications for certification from interior designers in July of 2012. As of this report, 42 interior designers have been certified.North CarolinaThe North Carolina Board of Architecture has formed a task force with the North Carolina Board of Examiners for Engineers to study the use of electronic seals/digital signatures. The state’s Joint Legislative Administrative Procedure Oversight Committee is studying the following:●  A bill that would require occupational licensing boards to consider certain factors before denying licensure to applicants with a criminal history.●  A bill to provide for the periodic review and expiration of rules; essentially a sun‐setting process for rules.●  A proposal to study the creation of an umbrella agency for occupational licensing boards.Puerto RicoWe have had a new administration in place since January, after state elections last November. The new secretary of state is committed to aiding our board in resolving all administrative issues. Additionally, the new administration will most likely give more attention to the continuation of our legislative efforts for passing a new Practice Act separating architects and landscape architects from engineers and surveyors. This will help us align all our requirements with the NCARB Model Law. As stated above, we drafted a new continuing education regulation, adopting the language included in the Model Regulation, which went out for comments and revision. Unfortunately the process was detained due to last year’s electoral ban. The new administration has committed to complete the process early this year. Last fall we were able to get an opinion from the Puerto Rico secretary of justice confirming that the board had issued reaffirmation our Practice Act requirement for all directors and officers of professional services corporations to be licensed individuals. On March 11, our new online system for applications to the board went live. Through the new service, applicants will be able to submit all application forms, upload all documents required by law, and pay fees. This will facilitate renewals, continuing education compliance submittals, and reciprocal licensure. It will also allow all board members to access and evaluate applications prior to monthly meeting. Hopefully this will also translate into shorter or more-in-depth board meetings.South CarolinaThe South Carolina Board provided funding for continuing education workshops between January and May 2013 in three cities across the state. “Professional Ethics in Design and Building,” sponsored by Clemson University’s Rutland Institute for Ethics, an AIA CES provider, will award six hours of CE in HSW at a cost of $60 per participant. Architecture students and professors in Clemson and Charleston were able to attend at no cost. Licensed architects serve as panelists and facilitators of small breakout sessions to discuss case studies related to ethical dilemmas. Clemson University’s 55,000-square-foot addition to Lee Hall, home of the School of Architecture, won AIA’s national award for design achievement for “Lee III,” completed in December 2012. Lee III houses programs in architecture, art, city and regional planning, construction science and management, and landscape architecture and real estate development—all in the College of Architecture, Arts and Humanities. Clemson University is celebrating the centennial of the architectural program’s founding throughout 2013. The theme is “Southern Roots and Global Reach.” The Clemson Architectural Center in Charleston also celebrated its 25th anniversary in May 2013. A bill proposing a Practice Act for Interior Design has been submitted to the legislature. Jan Simpson retired 30 June 2013 after 19 years as MBE for the Board of Architecture.TennesseeLegislation passed last year extended the board to 30 June 2016 and altered the member appointment process and board member qualifications. Several new board members have been appointed in the past year, including Jerry Headley, replacing architect Jim Hastings, and Frank Wagster, replacing architect David Schuermann. Rule changes approved at an August 2012 rulemaking hearing will take effect on 11 March 2013. Significant changes include a rule outlining the conditions under which the board may invalidate an applicant’s exam results or prohibit the applicant from taking an exam for a period of time determined by the board, as well as a rule prohibiting registrants from competitively bidding for professional services on local public works projects. Our seals rule has also been amended to clarify the requirements for revising plans prepared by another registrant. Rule changes to amend our continuing education requirements to conform to the NCARB Model Law are currently under consideration. We continue to provide grants totaling $250,000 to accredited architectural, engineering, landscape architectural, and interior design programs of state-funded colleges and universities (or programs that are within two years of receiving accreditation). Our grant guidelines allow funds to be used for student computers, laboratory or instructional equipment, library resources, or to pay IDP fees for students. This year, a $36,567 grant is being provided to the University of Tennessee-Knoxville College of Architecture and Design, and a $19,040 grant is being provided to the University of Memphis architecture program. We have requested to increase the grants appropriation and extend the program to private universities next year.TexasA review committee comprised of Texas Board of Architectural Examiners (TBAE) members was appointed to administer the provisions of HB 2284 last spring. This bill was intended to help resolve the differences caused by the overlap between the practice of architecture and the practice of engineering. Seventy-eight licensed professional engineers applied for inclusion on the excepted engineers list, and after a review of their work, 22 were added to the list. These licensed professional engineers are approved to engage in the practice of architecture. The 83rd Texas Legislature convened in January, and by the end of May we will know about any changes in the law that will affect the board. During this past summer the agency was undergoing sunset review. In December, the Sunset Advisory Commission voted to continue the Texas Board of Architectural Examiners for another 12 years, continue the regulation of Registered Interior Designers in Texas, require fingerprint-based criminal history background checks of TBAE registrants, and require the agency to remit all administrative penalties collected to the state’s General Revenue Fund. Our registrants are now able to register their businesses online. Our Business Registration program went live in December.U.S. Virgin IslandsNo report.