PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-01-066.
Title of Rule: WAC 308-12-010 State board of registration, 308-12-031 Registration examination, 308-12-050 Registration by reciprocity, 308-12-081 The seal, 308-12-085 Corporations or joint stock associations, 308-12-115 Definitions, 308-12-150 Work experience defined, 308-12-210 Application of brief adjudicative proceedings, 308-12-220 Preliminary record in brief adjudicative proceedings, 308-12-230 Conduct of brief adjudicative proceedings, 308-12-240 Reinstatement of suspended certificates, eligibility for registration or denied renewals, 308-12-320 Renewal of licenses, 308-12-321 Competence, 308-12-322 Conflict of interest, 308-12-323 Full disclosure, 308-12-324 Compliance with laws, and 308-12-325 Professional conduct.
Purpose: Clarify and simplify the language and requirements.
Repeal WAC 308-12-321, 308-12-322, 308-12-323, 308-12-324, 308-12-325, and rename the contents of WAC 308-12-330 Rules for professional conduct.
Statutory Authority for Adoption: RCW 18.08.340 Board of registration -- Rules -- Executive secretary -- Staff support -- Investigations -- Subpoenas.
Statute Being Implemented: RCW 18.08.340 Board of registration -- Rules -- Executive secretary -- Staff support -- Investigations -- Subpoenas.
Summary: This amendment provides for a better understanding of the language and requirements. It adds a definition of "review," adds construction-related work experience and adds language that defines construction-related work experience. It places all language regarding rules for professional conduct into one section.
Reasons Supporting Proposal: Clarity.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Margaret Epting, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1386.
Name of Proponent: Board of Registration for Architects, Department of Licensing, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The adoption of this rule would allow for the clarification of the existing rules and adds a new definition of "review" and construction-related work experience. Places rules for professional conduct into its own section.
Proposal Changes the Following Existing Rules: Adds new definitions, adds a new section, and clarifies and simplifies the language and requirements of the existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are administrative procedures and there is no cost for compliance.
RCW 34.05.328 does not apply to this rule adoption. This section of regulations is not a "significant legislative rule" as defined by RCW 34.05 [34.05.328] (5)@[(c)](iii) and is exempt under the provisions of RCW 34.05.38 [34.05.328] (5)(b)(vi).
Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98502, on March 12, 2002, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Joan Robinson by March 6, 2002, TDD (360) 586-2788, or (360) 664-1387.
Submit Written Comments to: Margaret Epting, P.O. Box 9045, Olympia, WA 98507, fax (360) 664-2551, by March 6, 2002.
Date of Intended Adoption: March 12, 2002.
February 6, 2002
Margaret Epting
Administrator
OTS-5430.2
AMENDATORY SECTION(Amending Order PL 560, filed 10/17/85)
WAC 308-12-010
State board of registration.
(1) Meetings:
The Washington state board of registration for architects,
((hereinafter)) hereafter called the board, shall hold its
regular public meeting annually in September. ((Special))
Additional public meetings may be held at such times and places
as the board may deem necessary. ((Public)) Notice of all public
meetings ((shall)) will be issued as required by the Open Public
Meetings Act, chapter 42.30 RCW.
Executive sessions may be held by the board in conjunction with all public meetings, and at such other times as the board shall deem necessary and for the primary purpose of preparing and grading examinations, approving applications, conducting written and oral examinations, examining reciprocity applications, and acting on applications for reinstatement of revoked licenses, and confidential matters between candidates or registrants and the board.
(2) Rules of order. The latest edition of Robert's Rules of
Order ((shall)) will govern the conduct of business at meetings
and sessions of the board.
(3) Officers. At the regular annual public meeting the
board ((shall)) will elect a ((chairman)) chair, a
((vice-chairman)) vice-chair and a secretary for the ensuing
year.
(4) Quorum. A quorum at any regular or ((special))
additional meeting or session ((shall)) will consist of four
members of the board.
(5) Rule changes. Prior to and during any adoption,
amendments, or repeal of any rule, the board of registration
((shall)) will conduct its business in accordance with chapter 34.04 RCW the Administrative Procedure Act.
(6) ((Annual report.)) Website. The board ((shall issue an
annual report and roster)) will post current applicant and
licensee names in addition to other licensing information on the
website.
[Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-010, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), § 308-12-010, filed 2/2/83; Order PL-132, § 308-12-010, filed 9/25/72; filed 4/28/67; Rule 1, filed 11/19/64; Rules 2, 4, filed 10/26/62; Rule 1, filed 10/26/62.]
The board adopts the grading procedures prepared by the NCARB.
(1) The test vendor ((shall)) will publish an information
guide concerning examination content, locations, schedules, and
fees.
(2) An applicant must pass each division of the NCARB examination.
(3) The oral examination is given upon the applicant's completion of the NCARB examination.
The purpose of the oral examination is to test in those areas of knowledge and skill not covered in the NCARB examination.
The oral part of the examination ((shall)) must include a
review of the applicant's practical experience, an understanding
of the law and the responsibility to safeguard life, health, and
property and to promote the public welfare.
The oral examination may be conducted by the full board or by an architect member of the board. The board may set aside the full board examination if the examining board member deems the applicant prepared for registration. If the full board examination is not set aside or if the examining board member fails the applicant, the applicant must then appear for a full board oral examination.
The board may set aside the entire oral examination based upon certification by the NCARB of successful completion of the intern development program. Such applicants shall submit the NCARB Council Record of IDP completion. However, candidates without a National Architectural Accrediting Board degree who have completed the IDP training requirements must have an oral examination. The decision to set aside the oral examination does not affect the requirement to summarize the law and rules pertaining to architecture.
An applicant must successfully complete the entire
examination within a five-year period. The five-year period
((shall)) will begin with the month an applicant passes the first
division of the examination. Passing scores for any division of
the examination may be carried forward for a period of five years
from the date the applicant passed that division of the
examination. Applicants ((shall)) must retake any division of
the examination which was passed more than five years previously,
along with any division of the examination not yet passed. The
oral examination is part of the entire examination and shall be
completed within the five-year period.
[Statutory Authority: RCW 18.08.360(2). 97-03-121, § 308-12-031, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340 and 18.08.360. 90-11-062, § 308-12-031, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), § 308-12-031, filed 8/10/89, effective 9/10/89; 88-17-085 (Order PM 767), § 308-12-031, filed 8/22/88. Statutory Authority: RCW 18.08.340 and 18.08.360. 88-01-035 (Order PM 694), § 308-12-031, filed 12/11/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-031, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-031, filed 2/11/85; 84-04-028 (Order PL 458), § 308-12-031, filed 1/25/84; 83-04-071 (Order PL 422), § 308-12-031, filed 2/2/83.]
(1) That such applicant presents evidence that the applicant has satisfactorily completed an examination equivalent to the examination required of Washington state registrants. Documentation of NCARB certification may be accepted by the board as satisfactory evidence that the applicant's qualifications and experience are equivalent to the qualifications and experience required of a person registered under RCW 18.08.350. Reciprocity candidates who cannot meet the IDP training requirement must have a minimum of two years of experience as a licensed architect.
(2) That the applicant provides a typed summary analysis of chapter 18.08 RCW and chapter 308-12 WAC. The summary must include an analysis of each section of chapter 18.08 RCW and chapter 308-12 WAC in sufficient detail to demonstrate a thorough understanding of the law and rules as determined by the board.
(3) That the board will require an oral interview of any candidate for registration by reciprocity, except that the oral interview may be set aside in cases where documentary or other evidence shows sufficient information for the board to reach judgment.
(4) That the architect's current state license is not delinquent or inactive. The current state license cannot be under suspension, disciplinary restrictions, or in process of disciplinary review. Reciprocity applicants are held to the same qualifications as initial applicants for registration.
[Statutory Authority: RCW 18.08.340. 97-03-121, § 308-12-050, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), § 308-12-050, filed 8/10/89, effective 9/10/89. Statutory Authority: RCW 18.08.340(1) and 18.08.400. 88-09-066 (Order PM 720), § 308-12-050, filed 4/20/88. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), § 308-12-050, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-050, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-050, filed 2/11/85; 84-04-028 (Order PL 458), § 308-12-050, filed 1/25/84; 83-04-071 (Order PL 422), § 308-12-050, filed 2/2/83; Order PL-132, § 308-12-050, filed 9/25/72; Order 691102, § 308-12-050, filed 11/26/69; Rule 9, filed 11/19/64, 10/26/62.]
| Place illustration here. |
No architect's stamp or countersignature ((shall)) will be
affixed to any drawings not prepared by the architect or his or
her regularly employed subordinates, or reviewed by the
architect. An architect who signs or seals drawings or
specifications that he or she has reviewed is responsible to the
same extent as if prepared by that architect.
[Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), § 308-12-081, filed 2/5/86. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-081, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), § 308-12-081, filed 2/2/83.]
(2) In addition to the application for certificate of
authorization, the corporation or joint stock association
((shall)) will file with the board the documentation and
information specified in RCW 18.08.420.
(3) The designated architect responsible for the practice of architecture by said corporation shall be regularly employed in that office having direct knowledge and supervisory control of such work. No individual will be the designated architect at more than one place of business or one company at any one time.
[Statutory Authority: RCW 18.08.420. 87-19-095 (Order PM 676), § 308-12-085, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-085, filed 10/17/85.]
(2) Practical architectural work experience -- Practical work experience performing activities involved in the practice of architecture, as defined in RCW 18.08.320, under the direct supervision of an architect. The board may approve similar practical work experience for full or partial credit and will accept intern development program experience as defined in the IDP training guidelines.
(3) Intern development program (IDP) -- A structured internship training program designed to provide a profession-wide, comprehensive program that contributes to the development of competent architects. IDP consists of training requirements that must be satisfied in order to complete the program. The National Council of Architectural Registration Boards (NCARB) maintains and validates the continuing, comprehensive record of internship training.
(4) Supervision -- The word "supervision" in RCW 18.08.320 means the periodic observation of materials and work in progress or completed work to observe the general compliance with plans, specifications, and design and planning concepts, and does not include responsibility for the superintendence of construction processes, site conditions, operations equipment, personnel, maintenance of a safe place to work, or any safety in, on, or about the site of the work.
(5) Principal -- The word "principal" as used herein shall
mean an architect who is registered in this state((;)) and is the
person in charge of the architectural practice, either alone or
in concert with others who qualify as herein described, and:
(a) Who is a shareholder, if the practice is through a professional service corporation; or
(b) A partner if the practice is through a partnership; or
(c) The proprietor if the practice is through a proprietorship; or
(d) The designated architect of a stock corporation((; and
is the person in charge of the architectural practice, either
alone or in concert with others who qualify as herein
described)).
(6) Direct supervision -- The phrase, "under the direct supervision of an architect" as used in connection with architectural work experience for qualification and eligibility for the examination shall refer to any of the following conditions or situations.
(a) The supervising architect is an employer who is knowledgeable of the performance and competence of the applicant.
(b) The supervising architect works for the same employer as the applicant, and is either the direct superior of the applicant, or a co-worker knowledgeable and responsible for the efforts of the applicant.
(7) Design-build -- A means of providing design and construction services in which a single entity is responsible for both services.
(8) Review -- A continuous process of examination, evaluation, and direction throughout the development of the documents, which includes the ability to control the final product.
(9) Construction-related experience -- Work on a construction site in any of the construction-related trades, including, but not limited to, carpentry, laboring, electrical, plumbing, sheet metal and roofing. Work in the construction office, including, but not limited to, estimating or construction administration.
[Statutory Authority: RCW 18.08.340. 98-20-061, § 308-12-115, filed 10/2/98, effective 11/2/98; 91-12-061, § 308-12-115, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 18.08.320. 87-19-095 (Order PM 676), § 308-12-115, filed 9/17/87. Statutory Authority: 1985 c 37 § 5. 85-21-065 (Order PL 560), § 308-12-115, filed 10/17/85.]
(2) In order to receive credit from the board for part-time practical architectural work experience, the applicant must be employed for at least twenty hours per week in periods of six or more consecutive months.
(3) In order to receive credit from the board for full-time or part-time construction-related experience, the applicant must be employed for at least thirty-five hours per week of full-time work or twenty hours per week of part-time work, in periods of one or more months. Applicants will be granted work experience credit at half the rate, for a maximum of twelve months (e.g., an applicant with twenty-four months of construction-related experience will be granted a maximum of twelve months).
(4) If the applicant is certified by the National Council of Architectural Registration Boards (NCARB) as having successfully completed the architectural Intern Development Program, such work experience may be used in lieu of subsections (1) and (2) of this section, to satisfy the work experience requirements of RCW 18.08.350.
(((4))) (5) Work experience may be accrued simultaneously
while educational credit is being accrued.
[Statutory Authority: RCW 18.08.350. 87-19-095 (Order PM 676), § 308-12-150, filed 9/17/87. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), § 308-12-150, filed 2/5/86.]
(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following issues:
(a) A determination whether an applicant meets the qualifications for a certificate of registration or certificate of authorization to practice architecture in this state and the board proposes to deny the application;
(b) A determination if an applicant for a certificate of registration to practice architecture in this state is eligible to begin the examination, continue the examination if already in the examination process, or to complete the examination;
(c) A determination whether a person or organization is in compliance with the terms and conditions of a final order previously issued by the board; or,
(d) A determination whether a certificate holder or an applicant for examination, certification or certificate renewal has been certified by a lending agency and reported for nonpayment or default on a federally or state-guaranteed student loan or service conditional scholarship.
(2) Brief adjudicative proceedings under subsection (1)
((shall)) will be limited to consideration of the following
issues:
(a) In proceedings under subsections (1)(a) and (b) above, the sole issue to be considered at the hearing is whether the documentation submitted by an applicant for issuance or renewal of a certificate of registration or certificate of authorization to practice architecture in this state, or examination meets the requirements for issuance, or renewal of a certificate or to take the examination for a certificate.
(b) In proceedings under subsection (1)(c) above, the sole issue to be considered at the hearing is whether the documentation submitted indicates that a person or organization is in compliance with the terms and conditions of a final order previously issued by the board.
(c) In proceedings under subsection (1)(d) above, the issues to be considered at the hearing are: (i) whether the person has been correctly certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship and (ii) is in a state of nonpayment or default at the time of the brief adjudicative proceeding.
[Statutory Authority: RCW 18.08.340. 97-03-121, § 308-12-210, filed 1/21/97, effective 2/21/97.]
(a) The application for the license or examination and all associated documents; and
(b) All documents relied upon by the program in proposing to deny the application; and
(c) All correspondence between the applicant for license or approval and the program regarding the application.
(2) The preliminary record with respect to determination of
compliance with a previously issued final order or agreement
((shall)) must consist of:
(a) The previously issued final order or agreement; and
(b) All reports or other documents submitted by the license holder, or at the direction of the license holder, in full or partial fulfillment of the terms of the final order; and
(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement.
(d) All documents relied upon by the program that the license holder has failed to comply with the previously issued final order or agreement.
(3) The preliminary record for determination of nonpayment or default by the license holder on a federally or state-guaranteed student loan or service-conditional scholarship shall consist of:
(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or
(b) A written release, if any, issued by the lending agency stating that the person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
[Statutory Authority: RCW 18.08.340. 97-03-121, § 308-12-220, filed 1/21/97, effective 2/21/97.]
(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.
(3) The presiding officer for brief adjudicative proceedings
may, ((in)) at his or her discretion, entertain oral argument
from the parties or their representatives.
(4) No witnesses may appear to testify.
(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.
(6) The presiding officer for brief adjudicative proceedings
((shall)) will not issue an oral order. Within ten days of the
final date for submission of materials or oral argument, if any,
the presiding officer for brief adjudicative proceedings
((shall)) will enter an initial written order.
[Statutory Authority: RCW 18.08.340. 97-03-121, § 308-12-230, filed 1/21/97, effective 2/21/97.]
[Statutory Authority: RCW 18.08.340. 97-03-121, § 308-12-240, filed 1/21/97, effective 2/21/97.]
(2) The renewal period for architects is two years.
(3) Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year.
(4) A registrant who fails to pay a renewal fee for a period of five years or more may be reinstated upon payment of all delinquent renewal fees and a penalty fee. Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year. In addition to the payment of delinquent fees and a penalty fee the registrant shall submit the following:
(a) A summary of the current law and rules governing architects.
(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.
(c) A detailed explanation of the circumstances surrounding the reason the license was allowed to expire.
The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.
(5) Registrants who withdraw from the practice of architecture, and exceed five years in an inactive status, shall request reinstatement in writing to the board and shall submit the following:
(a) A summary of the current law and rules governing architects.
(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.
(c) A detailed explanation of the circumstances surrounding the reason the license was in an inactive status for more than five years.
The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.
[Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. 99-08-062, § 308-12-320, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 18.03.350. 97-06-064, § 308-12-320, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.430. 90-17-097, § 308-12-320, filed 8/21/90, effective 9/21/90. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), § 308-12-320, filed 2/11/85; 83-04-071 (Order PL 422), § 308-12-320, filed 2/2/83; Order PL 262, § 308-12-320, filed 1/13/77.]
RULES OF PROFESSIONAL PRACTICE(a) When practicing architecture, an architect must act with reasonable care and competence, and must apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.
(b) When designing a project, an architect must take into account all applicable state and municipal building laws and regulations. An architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations. An architect must not knowingly design a project in violation of such laws and regulations.
(c) An architect must perform professional services only when the architect, together with those whom the architect may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.
(d) No person will be permitted to practice architecture if, in the board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.
(2) Conflict of interest.
(a) An architect must not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.
(b) The architect must fully disclose in writing to the client or employer the nature of any business association or direct or indirect financial interest which is substantial enough to influence the architect's judgment in connection with the performance of professional services. If the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.
(c) An architect must not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.
(d) When acting as the interpreter of building contract documents and the judge of contract performance, an architect must render decisions impartially, favoring neither party to the contract.
(3) Full disclosure.
(a) An architect must disclose any compensation received for making public statements on architectural questions.
(b) An architect must accurately represent qualifications and scope of responsibility to prospective or existing clients or employers for work for which the architect is claiming credit.
(c) In the course of work on a project, if an architect becomes aware of a decision made by the employer or client, against the architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the architect's judgment, materially and adversely affect the safety to the public of the finished project, the architect must:
(i) Report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations,
(ii) Refuse to consent to the decision, and
(iii) Terminate services on the project when the architect reasonably believes that decisions will be made against the architect's objection.
In the case of a termination in accordance with (c)(iii) of this subsection, the architect shall have no liability to the client or employer because of such termination.
(iv) An architect must not deliberately make a materially false statement or deliberately fail to disclose a material fact in connection with the application for registration or renewal.
(v) An architect must not assist a person in applying for registration when the architect knows the applicant is unqualified in education, training, experience, or character.
(vi) An architect possessing knowledge of a violation of these rules by another architect must report such knowledge to the board.
(4) Compliance with laws.
(a) An architect must not, in the conduct of architectural practice, knowingly violate any state or federal criminal law.
(b) An architect must not offer or make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested.
(c) An architect must comply with the registration laws and regulations governing his or her professional practice.
(5) Professional conduct.
(a) An office maintained for the purpose of providing architectural services must have an architect resident regularly employed in that office with direct knowledge and supervisory control of such work.
(b) An architect must not offer or provide any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested.
(c) An architect must not engage in conduct involving fraud or wanton disregard of the rights of others.
[]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-12-321 | Competence. |
| WAC 308-12-322 | Conflict of interest. |
| WAC 308-12-323 | Full disclosure. |
| WAC 308-12-324 | Compliance with laws. |
| WAC 308-12-325 | Professional conduct. |