During the National Council of Architectural Registration Boards' (NCARB) 2023 Annual Business Meeting in Austin, Texas, delegates representing 54 of the Council’s 55 Member Boards, which oversee the practice of architecture in their individual jurisdictions, voted on five resolutions.
[Resolution 2023-01] [Resolution 2023-02] [Resolution 2023-03] [Resolution 2023-04] [Resolution 2023-05]
Resolution 2023-01: NCARB Model Law and Regulations Amendment – Responsible Control
Failed 2 - 51
RESOLVED, that Regulation R401.1 Architect Seal of the NCARB Model Law and Regulations be amended to read as follows:
"1. An Architect may seal and sign Technical Submissions only if the Technical Submissions were:
a. Prepared by the Architect;
b. Prepared by individuals under the Architect’s Responsible Control; [Footnote]
c. Prepared by another Architect if the sealing and signing Architect has reviewed the other Architect’s work and either has coordinated the preparation of the work or has integrated the work into their own Technical Submissions; or
d. Prepared by another Architect licensed in any Jurisdiction and holding a current and valid NCARB Certificate if the sealing and signing Architect has reviewed the other Architect’s work and has integrated the work into their own Technical Submissions.
2. An Architect may include in Technical Submissions and may seal and sign Prototypical Building documents prepared by an Architect licensed in any Jurisdiction. The Architect shall modify the Prototypical Building documents to comply with the requirements of (Jurisdiction).
3. An Architect may also seal and sign drawings, specifications, or other work that is not required to be sealed by this Act.
4. An Architect who has sealed and signed Technical Submissions integrating the work of another Architect into the Architect’s own work shall maintain and make available to the Board adequate and complete records demonstrating the nature and extent of the Architect’s review of and integration of the other Architect’s work into their own Technical Submissions. Following such sealing and signing, these records shall comply with the provisions of Section 403 of Law.
[Footnote]R401.1 For enforcement purposes some Jurisdictions may wish to add clarifying language noting that Responsible Control shall require:
• Direct contact between the client and the Architect or the Architect’s employee so long as the Architect has the right to control and direct the employee in the material details of how the work is to be performed; and
• Involvement in the preparation of Technical Submissions prior to their completion; and
• Review, or review and correction, of final Technical Submissions. Mere review of work prepared by others outside of the Architect’s employ does not constitute the exercise of Responsible Control.
• Jurisdictions including the additional criteria above may choose to modify or delete the other provisions of this regulation accordingly.”
FURTHER RESOLVED, that following the approval of the resolution by an absolute majority of the Council Member Boards, such resolution will become effective July 1, 2023.
Resolution 2023-02: Omnibus Sunset of Education Policy Resolutions
Passed 53 - 0
RESOLVED, that all policies and resolutions related to the Council’s education requirements that are not detailed in current official NCARB documents, including, without limitation, the Education Guidelines and Certification Guidelines hereby are rescinded and otherwise deemed inactive. Without limiting the generality of this resolution, this resolution expressly rescinds the following resolutions, the full texts of which are attached hereto as Appendix C:
- Resolution 1999-15: No Sunset for Broadly Experienced Architect Alternative
- Resolution 1996-07: Sunsetting Alternate Education Route
- Resolution 1994-02: Sunsetting EESA For All But Foreign-Educated and Broadly Experienced Applicants
- Resolution 1983-01: Certification For Applicants Without Degree Who Meet Existing Standards
- Resolution 1983-05: To Accept Alternate Education in Lieu of an Accredited Degree
- Resolution 1980-13: Preparation of State Versions of Appendices “A” and “B”
- Resolution 1980-14: Requirement of Bachelor’s Degree for Certification
- Resolution 1979-03: All Conferences to Establish Meetings with their Educational Communities
- Resolution 1978-25: Task Force to Define the Areas of Study Fundamental to the Practice of Architecture
- Resolution 1969-7: Proposal to Grant the Title “Intern-Architect” or Other Title as May be Determined by the NCARB Board of Directors to Graduates of Accredited Architectural Schools and to Establish a Defined Internship Program and Record
- Resolution 1965: Foreign Education
FURTHERED RESOLVED, that upon the approval of the foregoing resolution by an absolute majority of the Council Member Boards, such resolution will become effective immediately.
Resolution 2023-03: Omnibus Sunset of Resolutions in Conflict with Current Council Policies
Passed 52 - 0
RESOLVED, that the National Council of Architectural Registration Boards sunsets the following resolutions, the full texts of which are attached hereto as Appendix D:
- Resolution 1979-01: Architect Development Verification Program (ADVP)
- Resolution 1979-04: Meeting Facilities Accessible to and Usable by the Handicapped
- Resolution 1978-07: IDP Resolution
- Resolution 1977-07: Continuing Professional Development
- Resolution 1977-08: Intern-Architect Development Program (IDP)
- Resolution 1976-09: Continuation of Inter-Architect Development Pilot Program
- Resolution 1975-06: Approval Procedures for NCARB Budget
- Resolution 1973-14: Continuing Education Program
- Resolution 1972-01: Blue Cover Certificate
- Resolution 1971-02: Board Resolution to Eliminate Issuance of Wallet Cards
- Resolution 1971-12: Resolution on Contents of Certificate Record
- Resolution 1971-16: Additional Registration and/or Certification Requirements
- Resolution 1970-01: Updating and Transmittal of Council Documents to Member Boards
- Resolution 1969-01: Continuing Improvements of NCARB Services
- Resolution 1969-04: Issuing Emeritus Certificates to Retired Past Presidents of NCARB
- Resolution 1967-02: Fee for Annual Review of Certificate Record
- Resolution 1964: Report and Recommendations of the Committee on U.S. Citizenship
- Resolution 1964: Review and Approval of Applications
- Resolution 1964: Report and Resolution to the Board of Directors of the NCARB
- Motion 1961: Violations in Council Records
FURTHER RESOLVED, that upon the approval of the foregoing resolution by a majority of the Council Member Boards, such resolution will become effective immediately.
Resolution 2023-04: NCARB Model Rules of Conduct Amendment – Ethics Updates
Passed 53 - 0
RESOLVED, that Rule 2 of the Model Rules of Conduct be revised to insert the following language as a new subsection immediately following Rule 2.5:
“2.6 An architect serving in a public capacity, whether paid or voluntary, shall not accept payments or gifts that are intended to influence the architect’s professional judgment.”
FURTHER RESOLVED, that Rules 4.3, 4.4, and 4.5 of the Model Rules of Conduct be renumbered as Rules 4.4, 4.5, and 4.6, respectively;
FURTHER RESOLVED, that a new Rule 4.3 be added, which will provide the following:
“4.3 An architect shall not counsel or assist a client in conduct that the architect knows, or reasonably should know, is fraudulent or illegal.”
FURTHER RESOLVED, that a new Rule 6 comprising the following language be inserted into the Model Rules of Conduct immediately following Rule 5:
“RULE 6 FURTHER OBLIGATIONS TO THE PROFESSION AND THE PUBLIC
6.1 An architect serving as an AXP Supervisor for a candidate for licensure shall reasonably assist the candidate in proper and timely documentation in accordance with that program.”
FURTHER RESOLVED, that upon the approval of the changes by an absolute majority vote of the Council Member Boards, such changes will become effective July 1, 2023.
Resolution 2023-05: Amendment and Restatement of the NCARB Bylaws - Governance
Passed as Amended 52 - 2
RESOLVED, that the NCARB Bylaws are hereby amended and restated in the form attached hereto in Appendix E; and
FURTHER RESOLVED, that the Council staff be authorized to correct article and section designations, punctuation, and cross-references and to make such other technical and conforming changes as may be necessary to reflect the intent of the delegates; and
FURTHER RESOLVED, that such amended and restated Bylaws will become effective as of the adjournment of the 2023 Annual Business Meeting.
