NCARB 2013 Annual Report

 

Chair: Robert Calvani, NCARB, AIA, New Mexico

Region 6

Report

Region 6 comprises Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Nevada, New Mexico, Oregon, Utah, and Washington.

FY13 Officers: Director:
Gregory L. Erny, AIA, NCARB
Nevada Member Board Member Chair:
Robert M. Calvani, NCARB, AIA
New Mexico Member Board Member Vice Chair:
Mark R. McKechnie, AIA
Oregon Member Board Member  Executive Committee: Richard R. Rearick, AIA
Alaska Member Board Member  Peter Rockwell, AIA
Idaho Member Board Member James Oshwald, NCARB, LEED AP
New Mexico Member Board MemberRegion 6 has been a leader in creating venues to share and discuss items that are important to each jurisdiction and that create value in regional meeting attendance.

 

Region 6 has also led the effort in organizing hot topic round table discussions and “golden nugget” presentations in order to share ideas, best practices, and programs among our jurisdictions. We have reactivated our Education Committee funding to create and organize future programs at future meetings.

 

Highlights/Year-End Summary

Region 6 Executive Committee held a planning meeting in Las Vegas, NV, this past December to plan the 2013 March Regional Meeting, to review and approve the financial statements, and to review and approve the draft budget for 2013.

 

This year’s Regional Meeting was a combined meeting of Regions 1, 2, and 6. The Region 6 began by welcoming our new members and receiving reports from the Executive Committee, Regional Director Greg Erny, and the Financial Report by Regional Executive Gina Spaulding.

 

Greg Erny was re-elected to continue as our regional director, and two vacant seats on our Executive Committee were filled. We discussed proposed changes to our bylaws to include a name change to Western Council of Architectural Registration Boards and the possible creation of a secretary/treasurer position on the Executive Committee. We assigned a team to lead our Education Committee with a monetary allowance to fund future education programs at regional meetings.

 

At the combined spring meeting in Providence NCARB President Ron Blitch gave an update on Council programs and initiatives. CEO Michael Armstrong unveiled an experimental new meeting calendar to combine all regional meetings, which was well received. Presentations at the joint meeting were extremely informative and provided insight into Providence’s regulatory past.

 

 

STATE REPORTS

​AlaskaBoard Composition - 112 Architects2 Land Surveyors5 Engineers1 Landscape Architect1 Public Member Architects: 2Non-Architects: 9Other Licensed Professionals: Licensing StatisticsIn State Registrants: 224 (architects)Out of State Registrants: 284 (architects) Brief Overview of Current IssuesSpecialty contractor exemptionsSite adaptation and field alteration of sealed documentsIncidental practiceArizonaBoard CompositionArchitects: 2Non-Architects: 7Other Licensed Professionals: 6 Licensing StatisticsIn State Registrants: 19,773Out of State Registrants: 17,904 Brief Overview of Current IssuesThe Arizona Board is currently working on incorporating the alarm industry into its licensed population with legislation, rules, and agency policies/procedures. Rules making IDP the only “work experience” Arizona will accept toward architect registration have finally passed and became effective on 8 March 2013. MiscellaneousRonald Dalrymple, the board’s executive director for the past 30 years, retired on 13 June 2013 and returned to assume responsibility for the Enforcement Unit. Melissa Cornelius succeeded Ronald as the board’s executive director.CaliforniaBoard CompositionArchitects: 5Non-Architects: 5 (public members)Other Licensed Professionals: 0 Licensing StatisticsIn State Registrants: 16,010Out of State Registrants: 3,756 Brief Overview of Current IssuesThe board is commencing the process to conduct a new Occupational Analysis for the California Supplemental Examination. It will build from the work done by the NCARB Practice Analysis of Architecture. The board is adopting regulations to create a regulatory pathway to licensure for candidates holding an NCARB Certification through the NCARB’s Broadly Experienced Foreign Architect (BEFA) program. The board is also implementing a new department-wide business system called “Breeze,” which is an integrated software solution that facilitates increased efficiencies in the DCA boards' and bureaus' licensing and enforcement programs. The board adopted its 2013 Strategic Plan at its March meeting, which established new objectives for the year. Finally, the board is conducting a sunset review regarding interior designers.ColoradoBoard Composition13 Members:3 Architects4 Professional Engineers3 Professional Land Surveyors3 Public Members who have not practiced architecture, engineering, or land surveying. Licensing StatisticsIn State Registrants: 2,944Out of State Registrants: 3,786 Current Legislation Related to ArchitectureThe board is currently going through sunset at the legislature. Some of the recommendations from the Department’s Office of Policy Research and Regulatory Reform—not the board—include clarifying the definition of “offering to practice,” further title protections, repealing company ownership requirements as the board has no authority over companies, requiring ARCs to report civil settlements, and modernizing the ARC’s ability to seal documents. MiscellaneousThe new program director for the Colorado board is Joyce Young.GuamBoard CompositionArchitects: 2Non-Architects: 2Other Licensed Professionals: 3 Licensing StatisticsArchitects: 121Landscape Architects: 5Land Surveyors: 23Engineers: 590 In-State Registrants: 23Out-of-State Registrants: 98 Brief Overview of Current IssuesThe following policies have been adopted: 1. Require architect interns with comparable foreign degrees qualifying under (eight year) work experience requirements to participate in IDP under IDP Eligibility Date #3.2. Allow the use of the term “architect” or “engineer” in advertisements by businesses or individuals seeking to hire/recruit A/E professionals that was regarded as a violation under a previous law.3. Registry of disciplinary actions to include first-time offenders in violation of licensing laws that have been issued citations. Develop uniform standards for fines and penalties to ensure consistency in enforcement. Current Legislation Related to ArchitectureProposed legislation for the Guam Energy Code is in the final draft stage. The legislation was developed by the Guam Building Code Council and sponsored by Senator Tom Ada, Committee Chair on Public Safety, Infrastructure and Maritime Transportation. MiscellaneousThe board welcomes recent hires Executive Board Administrator Ray Borja, former Board Investigator and Administrative Assistant Maria Villanueva, as well as Legal Counsel, Atty. David Highsmith, who was retained from the Office of Attorney General.HawaiiBoard CompositionArchitects: 3Non-Architects: 11Other Licensed Professionals: Engineers, Surveyors, Landscape Architects Licensing StatisticsIn State Registrants: 998Out of State Registrants: 1,280 Brief Overview of Current IssuesAmending rules to allow for concurrent IDP and ARE with a NAAB-accredited degree, update the IDP requirements, implement the rolling clock requirement, and implement the NCARB continuing education requirement. Current Legislation Related to ArchitectureAddressing military licensure bills.IdahoBoard CompositionArchitects: 6Non-Architects: N/AOther Licensed Professionals: N/A Licensing StatisticsIn-State Registrants: 487Out-of-State Registrants: 1,170 Brief Overview of Current IssuesThe Bureau has investigated 14 complaints for the board during fiscal year 2012; there are two complaints still under investigation. Current Legislation Related to ArchitectureBureau Of Occupational Licenses Docket No. 24-0101-1201Rules Of The Board Of Architectural Examiners Proposed RulemakingThe Following Is The Proposed Text Of Docket No. 24-0101-1201010. Definitions (Rule 10). 01. Board. The Board of Architectural Examiners as prescribed in Section 54-312, Idaho Code.(7-1-93) 02. Bureau. The Bureau of Occupational Licenses as prescribed in Sections 54-605 and 67-2602,Idaho Code. (3-15-02) 03. Direct Supervision. Direct supervision of an unlicensed individual in the practice of architecture means the exercise of management, control, authority, responsibility, oversight and guidance over the unlicensed individuals work, activities and conduct. 04. Responsible Control. Responsible control means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and 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 knowledge of the content of such submissions throughout their preparation. 350. REGISTRATION EXAMINATION (RULE 350).The Board, having found that the content and methodology of the ARE prepared by NCARB is the most practicable and effective examination to test an applicant’s qualifications for registration, adopts the ARE as the single, written and/or electronic examination for registration of architects in this state, and further adopts the following rules with respect thereto: (7-1-97) 01. When Taken. The Board will cause the ARE, prepared by NCARB, to be administered to all applicants eligible, in accordance with the requirements of the Board, by their training and education to be examined for registration on dates scheduled by the NCARB. The Board shall cause repeat divisions of the ARE to be administered to qualified candidates on such dates as are scheduled by the NCARB. The ARE examination is a multiple part examination prepared by NCARB. Content of the examination in all of its sections is available from the Board or NCARB. (4-11-06) 02. Grading. The ARE shall be graded in accordance with the methods and procedures recommended by the NCARB. To achieve a passing grade on the ARE, an applicant must receive a passing grade in each division. Grades from the individual division may not be averaged. Applicants will have unlimited opportunities to retake division which they fail except as set forth in these rules. The Board shall accept passing grades of computer administered divisions of the ARE as satisfying the requirements for said division(s) when such examinations are administered as prescribed by the NCARB. (4-11-06) 03. Passing (ARE). To pass the ARE, an applicant must achieve a passing grade on each division.Effective July 1, 2006, and subject to certain conditions, a passing grade for any division of the ARE shall be valid for five (5) years, after which time the division must be retaken unless all divisions have been passed. The Board may allow a reasonable extension of such period in circumstances where completion of all divisions is prevented by a medical condition, active duty in military service, or other like causes. (4-11-06) 04. Transition. The transitional rules are as follows: (4-11-06)a. For applicants who have passed all divisions of the ARE by July, 2006 regardless of the time taken, will have passed the ARE. (4-11-06)b. For applicants who have passed one (1) or more but not all divisions of the ARE by July 1, 2006, such applicants will have five (5) years to pass all remaining divisions. A passing grade for any remaining division shall be valid for five (5) years, after which time the division must be retaken if the remaining divisions have not been passed. The five (5) year period shall commence after July 1, 2006, on the date when the first passed division is administered. Any division passed prior to January 1, 2006, shall no longer remain valid if all remaining divisions have not been passed by July 1, 2014. (4-11-06)c. For applicants who have passed no divisions of the ARE by July 1, 2006, such applicants shall be governed by the above five (5) year requirement outlined in Subsection 350.04.b of these rules. The five (5) year period shall commence on the date when the first passed division is administered. (4-11-06)d. After July 1, 2014, approval to take the ARE shall terminate unless the applicant have passed or failed a division of the ARE within a period of five (5) years. Any applicant whose approval has so terminated must reapply for approval to take the ARE. 375. ARCHITECTURAL INTERN (RULE 375).An individual may represent themselves as an architectural intern only under the following conditions: (3-15-02) 01. Supervision. Each architectural intern shall be employed by and work under the direct supervision of an Idaho licensed architect. (3-15-02) 02. IDP Enrollment. Each architectural intern shall be enrolled in the National Council ofArchitectural Registration Board’s (NCARB) Intern Development Program (IDP) and shall maintain a record in good standing. (3-15-02) 03. Record. Each architectural intern shall possess either: (3-15-02)a. A record with the NCARB establishing that IDP training units are being earned in any of the IDP training settings A, B, C, D or E; or (3-15-02)b. A record establishing completion of all IDP training regulations as specified by NCARB.(3-15-02) 04. Prohibitions. An architectural intern shall not sign or seal any architectural plan, specification, or other document. An architectural intern shall not engage in the practice of architecture except under the direct supervision of an Idaho licensed architect. (3-15-02) 05. Registration. Each architectural intern shall register with the Board on forms provided by the Bureau of Occupational Licenses that shall include the names and addresses of their employer, IDP supervisor, and IDP mentor. (3-15-02) 376.—99. (RESERVED) 400. MISCELLANEOUS REQUIREMENTS (RULE 400). 01. Practice of Architecture. Idaho Law prohibits the practice of architecture by any unlicensedperson or firm for any reason. (7-1-93) 02. Corporations. Corporations organized to do general business in the state of Idaho may not practice architecture in the state of Idaho. (7-1-93) 03. Firm Names. Firm names incorporating the use of names of unlicensed individuals are considered in violation of Section 54-310, Idaho Code. A firm may continue to utilize the name of a retired or deceased formerly licensed architect so long as their unlicensed status is clearly disclosed. (7-1-93) 410. USE OF AN ARCHITECT'S SEAL (RULE 410).An architect's seal shall may be placed on all technical submissions prepared personally by the architect or prepared by his staff under the architect's direction and personal supervision responsible control or as otherwise allowed under the provisions of Section 54-308, Idaho Code. An architect shall only seal those documents prepared by another licensed professional where the architect has both control over and detailed professional knowledge of the work or matters contained in said document. Nothing in this rule shall limit an architect's responsibility to the owner for the work of other licensed professionals to the extent established by contract between the owner and architect. (4-5-00) 550. INTERPRETATIONS (RULE 550).The following interpretation of laws relating to architecture in Idaho Code are hereby made by the Board. (7-1-93) 01. Reference to Building. Under Section 54-309, reference to any building wherein the safeguarding of life, health, and property is concerned means any building which public or private sector of population may use or any building into which the public or private sector of the population is invited either as spectators, visitor, student, guest, or employee, or any building where the private or public sector of the population conducts business. (7-1-93) 02. Administration of Construction Contracts. Under Section 54-309, paragraph 1-c, “Practice of Architecture,” Section 54-305, paragraph 1-f, Grounds for Discipline, the words “Administration of Construction Contracts,” in accordance with current knowledge and usage in the profession means “Administration of the Contract” as defined in the relevant Contract for Construction or Owner-Architect Agreement as published by the American Institute of Architects. (4-5-00) 032. Professional Standards. Under Section 54-305, an architect shall be completely objective and truthful in all professional reports, statements, or testimony and shall include therein all relevant and pertinent information known to him. (7-1-93) 043. Direct Supervision Contracts. Direct supervision is that degree of supervision by a licensed architect overseeing the work of another whereby the architect has both control over, and detailed professional knowledge of, the work prepared under his or her supervision. The primary contract or agreement involving the practice of architecture for the project must be between the an architect of record and the entity for which architectural services are provided, not between the person being supervised and the entity for which the services are provided. (7-1-98)NevadaBoard CompositionArchitects: 5Registered Interior Designers: 2Residential Designers: 1Public Member: 1 Licensing StatisticsIn-State Registrants: 706Out-of-State Registrants: 2,193 Brief Overview of Current IssuesThe Nevada State Board of Architecture, Interior Design and Residential Design has experienced a significant decrease in registration applications and renewals since 2009. We are continuing to see a small uptick in registration applications in 2013, showing a bit of life in an otherwise sluggish Nevada economy. This year, the board will be publishing a new edition of its Nevada Blue Book, which is a reference guide for the Nevada construction industry that was developed for building officials, design professionals, contractors, and the general public. This manual is a wonderful collaboration among the boards of Architecture, Interior Design and Residential Design, Engineers and Land Surveyors, Landscape Architects and Contractors; the State Fire Marshal; Public Works Board; and a majority of the building departments in Nevada. The last edition of the Nevada Blue Book was published in 2009. Current Legislation Related to ArchitectureThe 77th session of the Nevada legislature is currently underway. The board is watching more than 100 bills, several of which could potentially affect the autonomy of the board. Additionally, we are watching several industry driven bills that could provide a design preference for local design professionals. This will hopefully provide some much-needed fixes to the well-intended, though fatally flawed, design preference bill that was passed in 2011.New MexicoBoard CompositionThe board is comprised of one public member and six architects, all having 10 years or more of experience in the profession. One of these six architects shall be in architectural education in an accredited college of architecture. Licensing StatisticsIn-State Registrants: 708Out-of-State Registrants: 1,449 Brief Overview of Current IssuesThe board began discussions this year on modifying the New Mexico Architectural Act. Changes under discussion include: ●  Amending part of the statute that allows non-registrants to operate companies offering architectural services;●  Requiring two-thirds of the company to be owned by architects;●  Removing “multiple dwellings not more than two stories in height” from exempt project status; and●  Increasing the board’s administrative penalties up to $10,000 Members of AIA New Mexico have asked the board to consider avenues for reciprocity for non-NCARB Certificate holders who also lack the BEA or BEFA certification from NCARB. Lastly, the board recently adopted amendments to its Continuing Education Requirement Rules and Regulations requiring registrants to acquire 12 HSW continuing education credits each year. Current Legislation Related to ArchitectureThe New Mexico Legislature is considering special professional licensure avenues for military service members, spouses, or domestic partners. The legislature is also considering a bill requiring home-rule entities in New Mexico to adopt qualifications-based service selection for design services.OregonBoard CompositionArchitects: 5Non-Architects: 2Other Licensed Professionals: 0 Licensing StatisticsIn-State Registrants: 1637 (and 391 firms)Out-of-State Registrants: 1313 (and 271 firms) Brief Overview of Current IssuesWe are converting to online renewals for individuals; firms already renew online. This conversion will be completed in the next few months. We are also transitioning from fiscal to calendar year renewals. Current Legislation Related to ArchitectureWe have a statutory housekeeping bill before the legislature that will1. Update the definitions section.2. Clarify language relating to architectural firms.3. Clarify language relating to construction documents, such as drawings, specifications, and plans.4. Remove dates, licensing cycles, deadlines, and stamp requirements from statute, allowing these to be established by administrative rule.5. Clean up miscellaneous language, such as usage of the words must, shall, license, and registration.UtahBoard CompositionThe Utah Architects Licensing Board consists of four architects and one public member. Utah board members hold terms of four years and are limited to serving two terms. Member Board Executive Rich Oborn is in his third year as MBE and is assisted by Lee Avery. New architect board member Greta Anderson, AIA has been appointed to fill the vacancy created when Jeanne Jackson was termed out. Licensing StatisticsAs of February 2013, the current total number of registrants in Utah is 2,124. This includes 827 in-state registrants and 1,697 out-of-state registrants. Brief Overview of Current IssuesUtah architectural interns with a NAAB-accredited degree who have enrolled in the IDP are encouraged to begin taking the ARE as soon as they wish. Licenses are issued when interns complete the IDP and are successful in passing the ARE. Utah registrants are currently required to complete 16 hours of health, safety and welfare (HSW) qualified continuing education over the course of each two year registration cycle. Continuing education requirements for architects legislation was passed in 2012 and signed by the governor. The board has modified the required continuing education requirements to be consistent with NCARB’s Model Law language. The board recommended funding for 33 architecture students’ initial NCARB registration. Since 2005, the board has recommended funding initial registration for graduate students at the University of Utah School of Architecture + Planning, Utah’s only school offering a NAAB-accredited professional degree in architecture. The state of Utah places a portion of each registrant’s licensure or renewal fee into an “education and enforcement fund,” which is utilized at the recommendation of the board to provide funding for programs, speakers, or initiatives that further the education of Utah architects. The board also recommended the funding of a number of opportunities this year, including bringing notable speakers to the AIA Utah Annual Conference. The Utah Board is continually working to improve the clarity and accuracy of the Architect Licensing Act Rule, as well as identifying changes that may be beneficial to our profession. This year changes included further defining incidental practice and the use of electronic seals and signatures. Current Legislation Related to ArchitectureThere is currently one architect serving in the State of Utah House of Representatives, down from three the previous year. As of February 2013, Legislation currently under consideration includes the following:●  HB 202 – Energy Code Conservation Amendments. Adopts a modified version of the 2012 International Residential Code, Chapter 11 for energy efficiency. The code currently in use is Chapter 11 of the 2006 International Residential Code and Chapter 4 of the 2006 International Energy Conservation Code. Disciplinary ActionsUtah employs an investigator to explore complaints of possible violations. In 2012, a number of complaints were investigated, but none received administrative sanctions or criminal filings. There were no disciplinary actions taken in 2012.WashingtonBoard CompositionWashington’s Board for Architects celebrated its 94th year of serving architects. The governor-appointed board consists of seven members including six architect members and one public member. In 2012, Washington had 6,259 active architects and 812 businesses. LegislationOn 1 July 2011, the board implemented a temporary fee suspension. Staff expects to request an extension of the fee suspension through the 2013-2015 biennium. Brief Overview of Current IssuesThe board continues to look at ways to bring clarity to the overlap in scope of practice among design professions. The board is currently working with staff and other design boards—including engineers, landscape architects, and geologists—on an updated website for use by building officials. The Board’s Commitment:The board remains committed to providing exam candidates and licensees friendly and efficient procedures and services, communicating with licensees—via our website, listserv, and news bulletins—listening to concerns, pursuing disciplinary cases, and supporting laws that protect the health, safety, and welfare of Washington citizens.