[27 Pa.B. 1566]
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NCARB CERTIFICATION (Editor's Note: The Board is proposing to delete §§ 9.71--9.73 as they currently appear in the Pennsylvania Code at page 9-19 (serial page (221107)).
APPLICATION PROCEDURES § 9.84. Age and experience.
The [applicant] candidate shall be [at least 20 years of age and] of good moral character. [An applicant] A candidate for first-time [registration] licensure shall reside in or be employed in this Commonwealth by a Commonwealth [registered] licensed architect, practicing as a principal in this Commonwealth and having a permanent Commonwealth address.
(Editor's Note: The Board is proposing to delete § 9.87 as it currently appears in the Pennsylvania Code at p. 9-21 (serial page (221109)).
§ 9.88. Verification of [employment records] IDP.
[It is the responsibility of the candidate to submit with the application verification of employment listed. The verification shall be in the form of a letter from the employer, giving dates of employment, whether part-time or full-time, and duties performed. Effective for the 1992 and subsequent examinations, a] The candidate shall keep records of required diversified training experience in accordance with NCARB recordkeeping procedures on NCARB IDP Recordkeeping Forms. These forms are available [from the Board's administrative office or] from NCARB. The candidate is responsible for having NCARB transmit to the Board Offices, a certificate of completion of IDP requirements as part of the candidate's application. An application which does not contain submissions of verification will not be reviewed.
(Editor's Note: The Board is proposing to delete § 9.89 as it currently appears in the Pennsylvania Code at page 9-21 (serial page (221109)).
§ 9.90. Board member as reference.
No Board member will act as a reference on the application of a candidate for [registration] licensure except as an employer[, except that a]. A Board member may act as a reference of a candidate applying for certification by NCARB, whether the Board member is or was the employer or not.
(Editor's Note: The Board is proposing to delete § 9.91 as it currently appears in the Pennsylvania Code at pages 9-22 and 9-23 (serial pages (221110) and (221111)).
* * * * * § 9.93. Reporting of disciplinary actions, criminal convictions and other licenses.
* * * * * (b) [The reporting responsibilities enumerated in subsection (a) continue after the Board issues a license. If, after] After the Board has issued a license[, any of the events listed under subsection (a) occur], the licensee shall report [that matter] disciplinary action or criminal convictions, or both to the Board in writing within [30] 90 days after its occurrence or on the biennial renewal application, whichever occurs first.
REACTIVATION OF LAPSED AND EXPIRED [CERTIFICATES] LICENSES § 9.101. [Application] Reactivation.
An architect who has been licensed by the Board and who has discontinued the practice of architecture in this Commonwealth, and who has allowed his certificate of licensure to lapse by failing to pay the biennial renewal fee, may apply to the Board for reactivation of licensure.
§ 9.102. Requirements.
An architect applying [for reactivation of lapsed certificates] to return to active status shall submit [to the Board] an application on the form prescribed by the Board[. The application shall be accompanied by a fee for the certificate and a fee for reinstatement. The application shall also be accompanied by], the current renewal fee, reactivation fee and a notarized affidavit stating that the [applicant] candidate did not practice architecture in this Commonwealth during the period of [lapsed licensure] inactive status.
§ 9.103. [Late renewal] Lapsed licenses.
An architect who practices architecture in this Commonwealth and who has allowed his [certificate of licensure] license to [expire] lapse by failing to pay a biennial renewal fee, may reactivate his [certificate] license by submitting to the Board an application on the form prescribed by the Board. The application shall be accompanied by the reactivation fee [as set forth] in § 9.3 (relating to fees), along with, past due biennial renewal fees, including the biennial renewal fee for the current period and penalty fees [as set forth] in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-225). The payment of any of these fees does not preclude the Board from taking disciplinary action against the architect for practicing architecture without a current license.
THE EXAMINATION § 9.116. Admittance.
A candidate shall present his admission letter [to the proctor] and form of positive identification for admittance to the examination. Candidates shall comply with examination procedures and conduct standards as established by NCARB. Conduct evidencing suspected cheating, such as copying, photographing or using unauthorized materials will result in the dismissal of the candidate from the examination. Proof of suspected cheating may result in disqualification to sit for future examinations after notice to the candidate and an opportunity to be heard.
(Editor's Note: The Board is proposing to delete § 9.120 as it currently appears in the Pennsylvania Code at page 9-27 (serial p. (221115)).
GRADING AND REVIEW § 9.131. Examination grading.
The [written examination (]ARE[)] shall be graded using procedures developed by NCARB in consultation with a professional testing organization. [under contract to the Bureau. The computer-administered examination (C/ARE) shall be graded using procedures developed by NCARB in consultation with a professional testing organization approved by the Bureau. Test] Examination results shall be recorded by the Board in the [permanent] record of the candidate and shall be maintained in accordance with § 9.27 (relating to inactive records).
§ 9.132. Grading compilation.
To [achieve overall passage of the examination] qualify for licensure, a candidate shall receive a passing grade on each part or division of the examination. Grades received in individual parts or divisions will not be averaged. A candidate will have unlimited opportunities, subject to § 9.46(c) (relating to requirements for examination eligibility), to retake those portions of the examination which were failed.
ARCHITECT'S [SEAL] STAMP OF [REGISTRATION] LICENSURE § 9.141. Requirement.
(a) A [registrant] licensee shall, upon [registration] licensure, obtain a metal seal, of the design authorized by the Board, bearing the [registrant's] licensee's name and license number and the legend, ''[Registered] Architect.'' A stamp design identical to the prescribed seal may be obtained and used in lieu of, or in conjunction with, a seal.
(b) The architect shall impress his seal or stamp on all contract documents, plans and specifications prepared by or under his direct supervision. The architect shall over-sign the original documents.
§ 9.142. [Use] Unlawful use of seal or stamp.
(a) [Plans and specifications prepared by or under the direct supervision of a registered architect shall be stamped with the architect's seal of registration during the life of the registrant's certificate, and it is unlawful for anyone to stamp or seal documents with the seal after the registration of the registrant named thereon has expired or has been revoked or suspended, unless and until the certificate has been renewed or reissued.] An architect may not seal or stamp a document unless his license is current with the Board.
(b) An architect may not impress the seal or stamp, or knowingly permit it to be impressed, on drawings, specifications or other design documents which were not prepared by the architect or under his direct supervision.
§ 9.143. Design [of seals].
(a) A [registrant] licensee may not design his own seal or stamp except as provided in this chapter.
(b) [While each registrant who is a member of a firm of architects is required to obtain an individual seal, a] A seal or stamp combining the names of a number of architects in [the] a firm may be used in lieu of individual seals or stamps, if the names of the individual [registrants] licensees, their registration number and the legend ''[Registered] Architects'' appear on the combined seal or stamp, and the members of the firm are licensed to practice architecture in this Commonwealth. If one or more members of the firm is not licensed by the Board, the individual architect who is professionally responsible for the work of the firm in this Commonwealth is required to use his individual seal or stamp on that work.
(c) A mechanical reproduction of a stamp identical to the prescribed stamp may be used.
[(c)] (d) This section [may] does not [be construed to] relieve an individual architect whose name appears on the combined seal or stamp of a responsibility mandated in the act and this chapter.
(Editor's Note: The Board is proposing to delete § 9.144 as it currently appears in the Pennsylvania Code at page 9-31 (serial page (206079)).
§ 9.145. Surrender of seals and stamps.
(a) If an architect voluntarily surrenders or is required to surrender his seal and stamp to the Board, the surrender shall be made in person or by registered mail to the office of the Board. If the cause of the surrender is forfeiture or revocation, the seal or stamp, or both, will be destroyed by the Board. The destruction will be noted for the record in the file of the architect named on the seal or stamp, or both. If the cause of surrender is suspension, the seal or stamp will be held in security by the Board until the period of the suspension is concluded or the conditions of the suspension have been complied with to the satisfaction of the Board, or both.
(b) Upon the death of an architect, written notice of the death shall be submitted to the Board by the architect's personal representative. Upon receipt of the notice, the Board will declare the [registration] license number and the stamp or seal, or both, of the deceased architect void. [On or before the settlement of the deceased architect's estate, the stamp or seal, or both, shall be surrendered to the Board.]
CONDUCT OF [REGISTERED] LICENSED ARCHITECT § 9.151. Standards of professional conduct.
[(a)] An architect [licensed in this Commonwealth is expected to be dedicated to the highest standards of professionalism, integrity and competence, including design excellence. This dedication requires adherence] who fails to adhere to the standards of professional conduct in this section is subject to disciplinary action under section 19(4) of the act (63 P. S. § 34.19(4)). Unprofessional conduct includes, but is not limited to the following [architectural standards of professional conduct]:
(1) [An architect shall] Failure to exercise [the highest] due regard for the safety, life and health of the public, an employe or other individual who may be affected by the professional work for which he is responsible.
(2) [An architect may not knowingly permit] Knowingly permitting, without proper authorization, substantial deviation from [or disregard of] plans [of] or specifications by a contractor or supplier, when professional observation of the work is the architect's contractual responsibility.
(3) [An architect shall be aware of] Violation of relevant statutes and regulations [which affect the professional practice] related to the practice of architecture.
(4) [An architect may not knowingly present or participate in the presentation of the name of an unlicensed person in a manner that suggests or implies that the person is practicing architecture] Knowingly permitting, aiding or abetting an unlicensed or an unregistered person, partnership, association or corporation to perform activities requiring a license as an architect or registration.
[(b) In pursuit of the goal of professional excellence, an architect licensed in this Commonwealth shall adhere to the following ethical standards of professional conduct:
(1) An architect may not knowingly engage] (5) Knowingly engaging in or [condone] condoning dishonest or fraudulent activity.
[(2) An architect may not Pay] (6) Paying or [offer] offering to pay, either directly or indirectly, a gift, bribe, kickback or other consideration to influence the award of a commission for work, or to secure payment on or the continuation of work in progress.
[(3) An architect may not accept financial solicitation,] (7) Accepting or soliciting a substantial gift, bribe, commission or other consideration, either directly or indirectly, from a contractor, supplier or other party attempting to influence or otherwise affect the architect's professional relationship with a client or employer.
[(4) An architect may not have] (8) Having a financial interest in the earnings of a contractor or supplier on work for which [he] the architect has assumed professional responsibility, without full disclosure to and the approval of a client or employer.
[(5) An architect may not knowingly make] (9) Knowingly making or [issue] issuing a statement that is misleading, deceptive or fraudulent in regard to any aspect of his professional responsibilities or capabilities.
(10) Violating a statute or regulation adopted thereunder, which imposes a standard for the practice of architecture in this Commonwealth.
(11) Using an architect's seal or stamp in violation of section 12 of the act (63 P. S. § 34.12) and §§ 9.141--9.143 and 9.145 (relating to architect's stamp of licensure).
(12) Verifying a candidate's IDP Council record that work was performed with skill, diligence and care when the architect knows that the work was not performed or was performed negligently.
(13) Knowingly misrepresenting his qualifications to a prospective or existing client or employer.
(Editor's Note: The Board is proposing to delete § 9.152 as it currently appears in the Pennsylvania Code at page 9-33 (serial page (206081)).
PROFESSIONAL AND CORPORATE PRACTICE § 9.161. Compliance with applicable statutes.
An architect or group of architects may elect to practice architecture professionally as a sole proprietorship, a partnership, a professional association, a professional corporation or a business corporation. A practice so elected shall be formed and conducted under the act and this chapter. In addition, the practice shall comply as follows:
* * * * * (2) In the case of a partnership, with [59 Pa.C.S. §§ 301--545] 15 Pa.C.S. Chapter 83 (relating to the Uniform Partnership Act).
* * * * * (5) In the case of a professional association, with 15 Pa.C.S. Chapter 93 (relating to the Professional Association Act of 1988 [15 P. S. §§ 12601--12619].
* * * * * § 9.163. Prior approval by the Board.
The practice of architecture may not be conducted in one of the business forms specified at § 9.162 (relating to firm practice) without first receiving the written approval of the Board. Written approval shall be sought by filing the following documents with the Board:
* * * * * (2) A copy of the proposed letterhead, containing thereon the names of the principals, followed by credentials indicating their respective professions, as well as the word ''architect'' or some derivation thereof as part of the name of the business, or as a subtitle thereto. At least one of the principals listed shall be a licensee of the Board. For purpose of this paragraph, ''principal'' means a licensed architect who is the person in charge of an architectural practice, either alone or in combination with other licensed architects.
* * * * * § 9.165. Architect as employe.
Nothing in this chapter may be construed to prevent the employment of an architect by a business which is not engaged in the practice of architecture as defined in section 3 of the act (63 P. S. § 34.3), if the work performed by the employed architect concerns the modification of or the origination and supervision of the design or the construction of structures, or both, which the employer intends to utilize for its nonarchitectural business purpose. The employed architect shall be a licensee of the Board. This section does not prevent registered engineers from performing, or employing architects to perform, architectural services incidental to the practice of engineering, as provided in section 15(2) of the act (63 P. S. § 34.15(2)). [This section takes effect on July 31, 1988, to permit businesses employing architects in violation of this section, as of January 31, 1987, based upon a good faith misinterpretation of section 13(j) of the act (63 P. S. § 34.13(j)), to conform their ownership structures and employment practices to section 13 of the act and this section.]
§ 9.166. Construction management.
Construction management services shall be provided, whether it be through an outside firm or an owner's staff, only by utilizing a registered architect or a professional engineer in responsible charge. This does not preclude the performance of construction phase activities by persons normally engaged in construction work so long as activities do not supersede or otherwise limit an architect or engineer's decisions or responsibilities.
§ 9.167. Design/build projects.
Design and other architectural services may be offered and provided to a design/build entity if the following conditions are met:
(1) The design/build entity and an independent architect licensed in this Commonwealth execute a written agreement which provides that the architect will participate in all material aspects of the provision of architectural services relating to:
(i) Design consultation, development and preparation.
(ii) Coordination of construction documents and the bid process.
(iii) Verification of adherence to construction documents and completion of the project.
(2) In any offering of design/build services, the design/build entity certifies in writing to the owner:
(i) The name of the architect engaged.
(ii) That the architect is contractually responsible for the performance of architectural services described in the offerings.
(iii) That the architect is professionally responsible to the owner for the performance of the architectural services which are to be provided.
(iv) That the architect will have direct supervision of the architectural work.
(v) That the architect's services will not be terminated without the written consent of the owner.
USE OF NAMES § 9.171. The title ''Architect.''
(a) Neither the title ''Architect'' nor ''Architects'' shall be affixed or otherwise used in conjunction with a surname, word or business title when the use would imply that an individual, associate, partner, corporate officer or business is engaged in the practice of architecture when, in fact, the individual, associate, partner, corporate officer or business is not a person or business [registered] licensed and approved by the Board under § 9.163 (relating to prior approval by the Board).
(b) Candidates for examination or awaiting the results of an examination may not use the title ''architect.''
(Editor's Note: The Board is proposing to delete §§ 9.172 and 9.173 as they currently appear in the Pennsylvania Code pages 9-38 (serial pages (206086)).
§ 9.175. Firm or business names.
(a) An architect, group of architects [registered in this Commonwealth] or business organized for the practice of architecture under section 13 of the act (63 P. S. § 34.13) and § 9.162 (relating to firm practice) may use a firm name which incorporates the surnames of the owners [as may be permitted by this chapter] or use a fictitious name if the firm files a certificate with the Board stating the name of the firm and the name and address of each person engaging in the practice.
(1) If a fictitious name is used, the name chosen shall contain the word ''architect'' or some derivation thereof, or shall be directly modified by a subtitle indicating that the purpose of the business is the practice of architecture.
[(b)] (2) By use of a fictitious name, a firm may not use a surname, word, letters or figures indicating or intended to imply that the firm is engaged in a professional practice other than the practice of architecture and other professions as may be allowed under this chapter.
(b) An architect engaged in the practice of architecture individually or as a firm shall notify the Board upon his discontinuance, retiring or withdrawing from practice.
[(c) When a fictitious name is used to designate a firm, it shall be the responsibility of the firm to fully disclose to the Board the names and professional status of the principals with whom the firm contracts for professional service.]
§ 9.176. The use of associates or unlicensed persons in firm names.
The name of an architectural firm[, whether it be a sole proprietorship, partnership, professional association, professional corporation or business corporation] may also carry the words associate or associates, or may include the name of an unlicensed person, if approval of the name under § 9.163 (relating to prior approval by the Board) has been secured from the Board. If associates or unlicensed persons are used in the name or upon the stationery, letterhead, title block, specifications or another document prepared by the firm, the use may not imply that the [unregistered] unlicensed individual is [a registered person] licensed.
§ 9.177. Use of names of deceased, withdrawn or retired persons firm names.
Names of deceased, withdrawn or retired sole owners, partners, [professional association members, professional corporation shareholders] or [business corporation] shareholders may be retained in the firm after their death, withdrawal or retirement only if:
(1) There is a written agreement providing for the continued use of the names between the deceased, withdrawn or retired persons and the succeeding owners of the firm.
(2) The parties to the written agreement have been active partners, association members, [professional corporation shareholders] or [business corporation] shareholders for [not less than] at least 5 years at the time of death, withdrawal or retirement.
(3) [The retired partner, professional association member, professional corporation shareholder or business corporation shareholder does not practice the profession under his own name.
(4)] The names of deceased, withdrawn or retired partners, professional association members[, professional corporation shareholders] or [business corporation] shareholders are appropriately included on the firm stationery with suitable indication of status.
[(5)] (4) The names of deceased, withdrawn or retired partners, professional association members[, professional corporation shareholders] or [business corporation] shareholders are not carried in the firm name for more than 2 years after the death, withdrawal or retirement, unless the written agreement between the parties specifies otherwise.
[(6)] (5) A copy of the written agreement is filed with the Board at the time of the death, withdrawal or retirement, and the agreement receives the written approval of the Board.
PROCEDURES FOR COMPLAINTS § 9.181. Filing of complaints.
[A charge brought against an architect, group of architects or architectural firm alleging a violation of the act or this chapter may be brought by a person or group of persons, and shall be brought to the attention of the Board by the filing of a written statement with] Any person, firm, corporation or public officer may submit a written complaint regarding the practice of architecture to the Complaints Office of the Bureau.
§ 9.182. Records of charges against an architect.
A written statement under § 9.181 (relating to filing of complaints) shall be formally filed, and referred to the [Board Prosecutor for investigation and recommendation to the Board] Office of Prosecution of the Bureau, which shall cause an investigation to be conducted.
§ 9.185. Hearings.
(a) Investigations into charges raised in filed complaints may result in a determination [by the Board, in consultation with the Board prosecutor,] to proceed to a formal hearing to consider disciplinary action against the person charged.
* * * * * (c) [If, after investigation and consultation as specified in subsection (a), the Board determines that the filed charges involve unintentional or ministerial violations of a minimal nature, or both, the Board may request that the charged person attend an informal hearing with the Board.
(d)] If a licensee is called before the Board, he has the right to have counsel present.
§ 9.190. Return of [certificate of registration] license.
In the event of revocation[, cancellation,] or suspension [or annulment or a certificate of registration] of a license, the [registrant] licensee shall be required to immediately return his [registration certificate] license and his current [annual registration] biennial renewal card. The [Registrant's] licensee's seal and stamp will also be impounded by the Board.
CHARGES AGAINST A NONARCHITECT § 9.202. Records of charges.
* * * * * (b) A determination as to whether to proceed further on the filed charges shall be made [after consultation between the Board and] by the [Board Prosecutor] Office of Prosecution of the Bureau. Licensed architects may be employed as necessary to provide expertise required for the review of the architectural aspects of a complaint and to assist in the prosecution of individual cases.
ROSTER OF ARCHITECTS § 9.211. Identification of classes of [registration] licensure.
[Effective January 1, 1966, all classes] Classes of [registration] licensure as [architects] an architect in this Commonwealth shall be limited to Classes [E] X and B. [However, for purposes of identifying the classes of registration granted prior to January 1, 1966, the following shall identify all classes:
(1) Class A--Registration without full examination may be granted to the holder of a diploma or certificate from an architectural college or school, supplemented by at least 3 years' satisfactory experience in the employment of a reputable architectural office.]
(1) Class X--Licensure by examination.
(2) Class B--[Registration without full examination] Licensure by reciprocity may be granted to a practicing architect who holds a [certificate of registration of] current license, in good standing, in any other state or country, [the] whose requirements for obtaining [which] licensure are equal to those required under the act.
[(3) Class C--Registration without full examination but with practical examination may be granted to a nonresident of this Commonwealth provided he has practiced architecture for a period of 10 or more years prior to the passage of the act.
(4) Class D--Registration without full examination but with practical examination may be granted to a person not a citizen of the United States having the same qualifications as under Class ''C'' or having similar qualifications as Class ''A,'' he may pursue that course at the discretion of the Board.
(5) Class E--Registration without full examination may be granted, based upon the applicant's evidence of proper qualifications and his being engaged in the practice of architecture in this Commonwealth on or prior to July 12, 1918, provided the application has been filed with the Board not later than July 12, 1921.
(6) Class F--Registration without examination may be granted, based upon the proper qualifications of the applicant and his having no less than 5 years' practice as an employe of a reputable architectural office or firm, provided the application has been filed with the Board not later than July 12, 1921.
(7) Class EA (Affidavit Architect)--Registration without full exam upon applicant's evidence of qualifications and his having been engaged in the practice of architecture in this Commonwealth on or before July 12, 1919, provided that an affidavit is filed prior to January 1940 and application for registration is filed with Board prior to January 1942.
(8) Class FA--Registration may be granted to an applicant who has been in the continuous employ of a ''duly licensed, qualified, or registered architect or architects,'' performing general drafting duties and architectural services for 15 years, provided he submits evidence of having completed the course in a high school approved by the Board or its equivalent and satisfactorily passes a practical examination to be determined by the Board. Class FA applications shall be considered by the Board at a regular meeting in order to determine whether the education and experience of the applicant warrants granting an oral examination in lieu of the regular written examinations. If the application is accepted under Class FA, the applicant will be requested to appear before the Board and submit complete sets of plans for three different projects, one set of specifications and photographs of the completed structures. These exhibits should be accompanied by letter or statements from the architect whose name appears on the plans, indicating for what portions of the work the applicant was personally responsible.
(9) Class EX--Registration by full written examination.]
[Pa.B. Doc. No. 97-478. Filed for public inspection March 28, 1997, 9:00 a.m.]
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