Alabama Administrative Code Chapter 100-X-4 — Scope of Practice

100 Alabama State Board for Registration of Architects

Ala. Admin. Code r. 100-X-4-.01 Public Interest In Registration Of Architects

Architects and the practice of architecture are hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that an architect shall design buildings intended for the habitation of people, unless exempted by statute and regulation, and as provided below.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-31.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-4-.02 Buildings Over 2,500 Square Feet

Any building 2,500 square feet or larger that is erected, enlarged, or altered requires the services of a registered architect, other than those exempted as enumerated below.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.03 Buildings Intended For Assembly Occupancy

Any building erected, enlarged, or altered that is intended for the assembly occupancy of people (as classified by the building code adopted in the jurisdiction where the building is located) regardless of size requires the services of a registered architect.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.04 Buildings Intended For Education Occupancy

Any building erected, enlarged, or altered that is intended for use as an education facility (as classified by the building code adopted in the jurisdiction where the building is located), regardless of size, requires the services of a registered architect.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32
• New Rule: February 19, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-4-.05 Buildings Intended For Use As An Auditorium

Any building erected, enlarged, or altered that is intended for use as an auditorium, regardless of size, requires the services of a registered architect.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-4-.06 Buildings Intended For Use As A Church

Any building erected, enlarged, or altered that is intended for use as a place of worship, regardless of size, requires the services of a registered architect.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-4-.07 Metal Buildings

In the case of metal buildings, it is permissible for the plans for the “shell” to be stamped by a licensed professional engineer; however, once occupancy type is established, the services of a registered architect are required for design of that building, if not otherwise exempted.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.08 Pre-Manufactured Components Used In Construction

In the case of pre-manufactured components, if the intended use is outside the definition of detached single-family residence, then the services of a registered architect are required and the component(s) should be designed and reviewed under the appropriate code for the intended occupancy.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.09 Change Of Occupancy

If a building renovation project results in a change to a more restrictive occupancy type (such as business occupancy to assembly or education occupancy), an architect is required (regardless of building size).

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.10 Exemptions

An architect is not required for design of a detached single-family residence, a farm building, or utility works, structure or building (provided the person performing architectural works is employed by an electric, gas, or telephone public utility regulated pursuant to Alabama law (or by a corporation affiliated with such utility).

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-4-.11 Roofing Projects

An architect is not required on a roofing project consisting of an exact replacement necessary for maintenance of the building. If the pitch of the roof is to be altered or if a new roofing material will be used, the services of a registered architect and/or licensed professional engineer will be required to evaluate whether the building’s structural system will support the intended changes. The new roofing materials shall satisfy the industry-recognized assembly fire rating requirements corresponding to the rating of the existing roof assembly.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.12 Incidental Practice Of Engineering

An architect is prohibited from practicing engineering, except engineering incidental to the practice of architecture. An architect who performs incidental engineering must maintain supporting data and documentation, and provide justification and certification information to the permitting or regulatory authority. “Incidental Practice of Engineering” shall be clarified as follows:

(1) The incidental practice of engineering may include a minor engineering item, but not a complete engineering system;

(2) It is usually of a secondary nature and is typically a smaller portion of the main engineering project;

(3) It is an addition to the main engineering system and does not affect the primary engineering system; and

(4) Incidental engineering items are usually included on the architectural drawings.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-32.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-4-.13 Prohibited Acts (Non-registrants)

(1) An individual not registered in accordance with the Code of Ala. 1975, §§34-2-30 through 34-2-42 may not:

(a) Offer, solicit, perform or otherwise provide architectural services in this state, as defined by the the Code of Ala. 1975, §§34-2-30, 34-2-31, and 34-2-32;

(b) Represent oneself to be an “architect” or use any form of the word “architect” on letterheads, title blocks, business cards, verbal claims, advertisements, signs, social media, or other oral or written representations which would lead someone to believe the individual is legally qualified to practice architecture in the state of Alabama;

(c) Prepare and/or submit plans or construction documents for a non-exempt building, unless acting at the direction of and/or under the responsible control of an architect registered in accordance with the Code of Ala. 1975, §§34-2-30 through 34-2-42;

(d) Use or attempt to use the certificate of registration and/or seal of a registered architect, including a suspended, revoked or non-existent certificate of registration;

(e) Impersonate a registered architect;

(f) Direct the professional judgment of a registered architect, including authorizing deviations from sealed architectural plans and specifications during the construction phase of a project;

(g) Alter, amend, or misrepresent Architect Registration Examination® test results in an attempt to falsely gain registration as an architect;

(h) Provide construction administration services on a non-exempt construction project, unless acting at the direction of and/or under the responsible control of an architect registered in accordance with the Code of Ala. 1975, §§34-2-30 through 34-2-42.

(2) An individual found to be in violation of any of the prohibited acts set forth in paragraph (1)(a) through (h) above is subject to fines and penalties as described in the Code of Ala. 1975, §34-2-36 (c) and (d).

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §§34-2-30, 34-2-31, 34-2-32, 34-2-36.
• Amended: Filed February 11, 2013; effective March 18, 2013. Amended: Published November 30, 2023; effective January 14, 2024.