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title-100•Alabama Administrative Code, Title 100 — Alabama State Board for Registration of Architects
title-100Alabama Admin. Code Title 100Regulation1 janv. 1900
The name of this Board shall be "State Board for Registration of Architects", hereinafter referred to as the Board and the Alabama Board of Architects.
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The Executive Director shall locate and recommend a lease for office space as necessary to house the staff and records. The lease will be approved by the Board.
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The Board shall be composed of six Board Members who represent the four districts of Alabama. Qualifications for Board Members shall be that they are Alabama registered architects and shall reside and have his or her principal office in the district from which they represent. All appointments of Board Members on the Board shall be made by the Governor of the State of Alabama as provided by the Registration Act.
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Each Board Member shall make an effort to attend all meetings of the Board. They are charged with safeguarding life, health and property, and promoting the public welfare in the State of Alabama as it relates to architects and the practice of architecture. The Board Members are charged with establishing the Board's rules and regulations.
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Board Members shall be entitled to a director's fee, travel expenses, and other authorized compensation as prescribed by the Board and in accordance with the Registration Act. The director's fee is set at $200 for each day the Board member attends meetings (either virtual or in person) as a representative of the Board, including associated travel days. Travel expenses will not be paid for virtual meetings, only the director's fee.
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The Board shall have at least four meetings each year. Notice of Board meetings shall be published in accordance with the Open Meetings Act. Special meetings may be called by the Chair at his or her discretion or on written request to the Executive Director of four other members and shall be subject to the Open Meetings Act. For the transaction of business, four members shall constitute a quorum. Every decision at a meeting shall be by a majority vote of those present. The order of business at the Board Meeting shall be established by the Chair and the Executive Director. Unless required otherwise by law, the Board's Rules of Order and Roberts' Rules of Order shall be used in the conduct of Board business.
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Annually, the Board shall elect a Chair and Vice Chair. The Chair and Vice Chair will be elected for one-year terms on the same schedule as the Board's fiscal year. A Board Member may not serve more than two consecutive terms in any one office.
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The Chair shall exercise general supervision of the Board's affairs, shall preside at all meetings when present, shall appoint all committees, shall sign all payment vouchers and shall perform all other duties pertaining to his or her office. The Vice Chair, in the absence of the Chair, shall perform all the duties of the Chair. In addition, the Vice Chair will serve as the Board's representative to the Southern Conference of the National Council of Architectural Registration Boards or by special permission may request the Chair to delegate this responsibility to another Board member.
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The Executive Director shall be an administrative officer of the Board. He or she shall supervise the day-to-day operations of the Board. He or she shall act as its recording and corresponding secretary and shall have custody of and shall safeguard and keep in good order all property and records of the Board; generate written minutes of every meeting of the Board; keep the Board seal and affix it to such instruments as require it; sign all instruments and matters that require attestation or approval of the Board; act as Treasurer and receive and deposit all funds to the credit of the "Board for Registration of Architects" in the State Treasury; sign all bills before requesting the State Comptroller to make payment of any accounts; and keep the records and books of account of the Board's financial affairs.
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In accordance with governing state guidelines, the Board may employ an Executive Director, clerks, experts, attorneys and others, as may be necessary for the operation of the Board. The Board also shall have the power to make contract agreements in accordance with governing state guidelines.
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The Board shall have the power to set amounts to be collected, to cause all monies to be collected and deposited with the State Treasurer, and to cause expenses to be paid out of such funds by voucher and requisition in accordance with Alabama state law.
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The Board shall maintain a website that includes the following:
Roster of Registered Architects, Rules and Regulations, Enabling Act, News, and all Board forms. A listing of routinely used forms can be found in Appendices II Forms.
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The Board shall maintain membership with NCARB and its Regional Conference. The Board will cooperate with NCARB in furnishing information, giving examinations and rendering other assistance to aid in establishing uniform standards of professional registration throughout the United States.
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All fees and charges shall be as prescribed by the Board and in accordance with the Registration Act.
(1) All fees and fines are not refundable.
(2) All fees and fines are payable by certified check, cashier's check, corporate or business check, money order or personal check. Counter checks will not be accepted. Personal checks shall be imprinted with the name, address, and account number of the applicant or registrant.
(3) Statutory charges for returned checks shall be paid by the applicant or registrant.
(4) The Board may allow payment of fees and fines by electronic means.
(5) The Board may allow payment of fees for the Architect Registration Examination® to be paid directly to the test administration vendor.
(6) If a payment is not honored by the financial institution, the Board may pursue disciplinary action and/or reporting to the appropriate legal authorities for possible prosecution.
(7) The Fee Schedule can be found in Appendices I.
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A "public record" is a record that is reasonably necessary to record the business and activities required to be performed or carried out by the Board so that the status and condition of such business and activities can be known by the public. The results of disciplinary hearings, settlement agreements, and consent orders are considered public records. Public records are available for inspection at the Board office during regular business hours. Any person wishing to obtain a copy of a public record may request copies from the Public Records Coordinator, at a reasonable cost. The following records are not considered public records: Records received by the Board in confidence, sensitive personnel records, registrant's education transcripts and other records, examination material, complaints against registrants and non-registrants, and records which, if disclosed, would be detrimental to the best interests of the public.
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The following schedule of fees is adopted by the Board:
| Registration by Reciprocity Fee | $150.00 |
|---|---|
| Registration by Reinstatement Fee | $460.00 |
| Registration Renewal Fee | $135.00 |
| Registration Renewal Late Fee | $75.00 |
| Certificate of Authorization Fee | $75.00 |
| Certificate of Authorization Late Penalty | $50.00 |
| Certificate of Authorization Reinstatement Fee | $250.00 |
| Certificate of Authorization Renewal Fee | $75.00 |
| Returned Check Fee | $30.00 |
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Application for Initial Licensure
Application for Reciprocity
Application for Reinstatement
Application for Certificate of Authorization
Application for Reinstatement of Certificate of Authorization
Application for Emeritus Status
CE Guidelines and Reporting Form
Change of Address and/or Request for Replacement License
Complaint Form
Construction Administration Services Notification
Renewal for Architect Registration
Renewal for Certificate of Authorization
Renewal for Mailing Addresses
Request for Public Records
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The Board shall have the power to determine the requirements for registration in the State of Alabama. They shall review or cause to be reviewed each applicant's file to ensure that all requirements are met. Applicants in question shall be subject to Board approval. The Board shall collect application fees as provided by regulation. There are four methods of obtaining registration in Alabama:
(1) By written examination administered by the Board or an authorized testing vendor;
(2) By NCARB certificate;
(3) Reinstatement of a lapsed Alabama registration; or
(4) If unable to qualify under (1) through (3) above, the applicant may demonstrate appropriate qualifications by a combination of education, experience, and examination endorsed by NCARB and approved by the Board.
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An applicant for registration by examination shall submit an application to NCARB as provided in the Exam Eligibility Services Agreement with NCARB. The Board shall set qualifications and review, or cause to be reviewed, each candidate's qualifications. Proof of qualifications shall be required prior to allowing candidates to sit for the Architect Registration Examination® (ARE®). NCARB may approve an applicant to take the ARE® only after the applicant has enrolled in AXP and completed the Board's education requirements for architectural registration by examination in Alabama. Upon determination that the applicant is qualified in accordance with the Board's statutes and regulations, the applicant may be granted eligibility for the examination. Upon successful completion of all examination divisions, completion of the AXP, and submitted the required application materials to the Board, the applicant may be granted registration as an architect.
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All applicants for registration by examination must complete the Architectural Experience Program (AXP) training requirements consistent with guidelines established by the National Council of Architectural Registration Boards (NCARB) with the provision that applicants whose initial home licensure jurisdiction is Alabama, may earn up to 1860 AXP experience hours with an Alabama located, NCARB approved, "Community Based Design Center/Collaborative" as defined in experience setting, "O". Information concerning AXP can be obtained from NCARB or the Board.
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The Board shall administer or cause to be administered the Architect Registration Examination (ARE®) to qualified candidates for registration. Administration of the ARE® will be consistent with NCARB standards, and their procedures will be followed. The Board shall report or cause to be reported the grades to individuals in accordance with Board policy and to NCARB for national certification. Eligibility qualifications may be obtained by contacting the Board office or through the Board's website.
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An applicant for registration by NCARB Certificate shall submit an application for registration and the appropriate fee to the Board. The applicant will authorize NCARB to transmit his or her council record in support of the application. Upon receipt of the applicant's NCARB council record, the Board shall review or authorize the Executive Director to review the application and authorize approval of registration as an architect. Should the application or record reflect disciplinary history or unsatisfactory responses to questions on the application, the Board will conduct a further review of the application and render a decision regarding eligibility for registration.
(1) Military Spouse and Active Duty Applicants:
(a) The application fee shall be waived for a spouse of an active-duty reserve, or transitioning member of the United States Armed Forces, including the National Guard, or a surviving spouse of a service member who, at the time of his or her death, was serving on active duty, who is relocated to and stationed in the State of Alabama under official military orders. For the purposes of this section, a transitioning service member is a member of the United States Armed Forces, including the National Guard, on active-duty status or on separation leave who is within 24 months of retirement.
(b) The application fee shall be waived for an applicant who serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days during the calendar year.
(c) Verification may be requested for items a and b above including, but not limited to: active-duty orders, letter from commander, or DD214.
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An architect who has allowed his or her registration to lapse for whatever reason must complete a new application, submit the application fee, renewal fee and late penalty, proof of continuing education (as provided by regulation), and a sworn affidavit stating he or she has not performed any service included in the definition of the practice of architecture while not registered in the state of Alabama. The Board shall review or authorize the Executive Director to review the application and authorize approval of the application for reinstatement. Should the application or record reflect disciplinary history or unsatisfactory responses to questions on the application, the Board will conduct a further review of the application and render a decision regarding eligibility for registration. If approved, the same registration number will be reissued. A new certificate for framing will not be issued unless a written request is received.
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A certificate bearing the registrant's name, registration number and date registered with the Board shall be issued to each newly registered architect. The certificate shall be signed by the six board members, the Board Executive Director and the Secretary of State. Upon reasonable written request a duplicate or corrected certificate may be issued. Certificates of registration are issued to individuals only.
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A denied application may be reconsidered by the Board if written notice of appeal is received by the Executive Director within thirty (30) days of notification of denial of registration.
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(1) An architect may apply for emeritus status if he or she meets the following criteria:
(a) The applicant is 65 years of age or older; and
(b) The applicant has been registered in this state for ten (10) consecutive years or longer;
(c) The applicant is retired from the active practice of architecture. "Retired" means the architect no longer seals documents or practices architecture as defined by § 34-2-30(3) and (4), Code of Ala. 1975.
(2) If all requirements are met, the architect shall be granted emeritus status. An individual granted emeritus status may use the title "Emeritus Architect" on any letter, title, sign, card or device. If an emeritus architect wishes to return to the active practice of architecture, he or she may do so by submitting the renewal fee, current renewal application form, and current year's continuing education hours required by regulation.
(3) Emeritus Architects are exempt from all renewal requirements including continuing education.
(4) It is recommended that Emeritus Architects keep their address information current with the Board in order to continue to be included in Board news.
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(1) The Board shall have the power to set renewal fees and fees for late payment. The Board shall issue renewal notices to each registered architect from the previous year to the last known address. Failure to receive a renewal reminder from the Board shall not constitute an excuse for failure to renew licensure. Registration term is for the calendar year which begins January 1 and ends December 31. Renewals postmarked January 1 through March 31 will be considered late, and those renewals must include the late penalty established by regulation. All renewals must reflect completion of the current continuing education requirements established by the Board unless otherwise exempted. No provision is made for partial payment for a partial year. Renewal fees are due on or before December 31 of each year. If the registrant elects to renew his or her license electronically, the registrant may be charged a convenience fee or surcharge. If renewal is not completed on or before March 31, the architect's registration will lapse and must be reinstated, as required by regulation. Persons providing architectural services under a lapsed or expired license shall be subject to disciplinary action by the Board.
(2) For the purpose of attracting architects to the State of Alabama, the initial renewal fee for in-state registrants licensed by examination may be waived by the Board if funding allows.
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All applicants for registration by examination must complete the Intern Development Program (IDP) training requirements consistent with guidelines established by the National Council of Architectural Registration Boards (NCARB). In order to encourage and document a timely continuum of the IDP process, an applicant for registration by examination must hold an active NCARB council record for a minimum of two (2) calendar years prior to being granted architectural registration in Alabama, even if all training requirements have been met by the applicant prior to establishing a council record or taking the ARE. Information concerning IDP can be obtained from NCARB, a local chapter of the American Institute of Architects (AIA), or the Board.
Author: Board for Registration of Architects
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The Board shall prepare and publish the following: Roster; newsletter; rules and regulations; copy of Code of Ala. 1975, Title 34; Code of Professional Conduct; report of violation form and other printed matter. These shall be available to all registered architects, building officials and to other state agencies free of charge. All others must pay a printing fee for the roster in accordance with fee schedule.
Author:
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The Board shall prepare and revise a "Code of Professional Conduct" which shall be published annually. It shall contain definitions, guidelines, business practice, and other related information that pertains to the practice of architecture in the State of Alabama.
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The Board shall maintain membership with NCARB and its Regional Conference. The Board will cooperate with NCARB in furnishing information, giving examinations and rendering other assistance to aid in establishing uniform standards of professional qualification throughout the United States.
Author:
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All fees and charges shall be as prescribed by the Board and in accordance with the registration act. The current fiscal year's fee schedule shall be updated and published annually.
Author:
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The Board shall review these rules and regulations as necessary and make changes or amendments in accordance with Alabama state law by a majority vote of the Board. Any item not covered above shall be determined by the Board members at a scheduled Board meeting. All previous rules and regulations promulgated by this Board are repealed and these rules and regulations are hereby substituted.
Author:
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(1) Purpose. These rules provide for a continuing education program to insure that all registered architects remain informed of those technical and professional subjects which the Board deems appropriate to professional architectural practice and to safeguard life, health, and promote the public welfare.
(2) Scope and Exemptions.
(a) Scope: These rules shall apply to every Alabama registered architect as a condition for renewal of registration on an annual basis.
(b) Exemptions: A registrant may be exempt from participating in the continuing education program required by these rules for one of the following reasons:
A first-time new registrant by examination or first-time reciprocal registrant shall be exempt for his/her first renewal period.
Registrant is an emeritus status architect.
Registrant is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days during the annual report period.
Resident registrants of another NCARB jurisdiction with either a mandated or voluntary program, provided that same jurisdiction accepts the Alabama continuing education requirements as satisfying their continuing education requirement, and the registrant certifies by affidavit and annual report that all requirements of that jurisdiction for current continuing education compliance and registration have been met.
(3) Requirements.
(a) Each Alabama registered architect shall complete a minimum of twelve (12) continuing education hours each fiscal year. One continuing education hour (CEH) shall represent a minimum of 50 minutes of actual course time. No credit will be allowed for introductory remarks, meals, breaks, or business/administration matters related to courses of study.
Registrants shall complete a minimum of 8 CEH's in structured course study. Structured course study shall consist of participation in education activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study. The Board may require a detailed synopsis or report of CEHs claimed.
Registrants may complete a maximum of 4 CEH's in self-directed course study. Self-directed course study encourages flexibility of study by registrants and includes, but is not limited to, education activities such as self-study courses sponsored by professional associations, architecturally significant educational tours, organized individual or group study of professional specialization topics, or reading specific profession-oriented books and articles. The Board may require a detailed synopsis or report of CEHs claimed.
(b) Topics for the twelve (12) continuing education hours shall include the study of relevant technical and professional architectural subjects related to safeguarding life, health, property, and promoting the public welfare.
(c) Hours claimed for continuing education credit must be in addition to or outside of the registrant's normal day-to-day business activities.
(4) Annual Report.
(a) Each registrant, at renewal of registration time, shall submit an affidavit attesting to the registrant's fulfillment of continuing education requirements during the preceding period of one fiscal year ending September 30. No carry-over of continuing education hours is permitted. Affidavits with an accompanying report concerning registrant's methods of completion of requirements shall be submitted on a form provided by the Board.
(b) Each affidavit shall be reviewed and may be subject to audit for verification of compliance with requirements. Registrants shall retain proof of fulfillment of requirements for a period of one year after submission in the event that the registrant is selected for audit. The Board may require a detailed synopsis or report for verification of CEHs claimed.
(5) Audit. The Board will conduct an audit of renewals submitted to ensure compliance with continuing education requirements. Registrants selected for audit will be notified and required to provide documentation in support of hours claimed.
(a) The Board may disallow claimed credit for continuing education hours if the CEHs do not comply with subsection (3) above. The registrant shall have 60 calendar days after notification of disallowance of credit to substantiate hours claimed or earn other CEH credit which fulfills minimum requirements.
(6) Noncompliance and Sanctions. Failure to fulfill the continuing education requirements, or file the required annual report and affidavit, properly completed and signed, shall result in non-renewal of an architect's certificate of registration.
(a) Failure to respond to audit notification will result in a temporary suspension of registration until such time as audit requirements are met.
(b) Falsification of documentation is grounds for disciplinary action.
Author: Board For Registration Of Architects
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(1) Clarification: "Incidental Practice of Engineering" shall be clarified as follows:
(a) The incidental practice of engineering may include a minor engineering item, but not a complete engineering system;
(b) It is usually of a secondary nature and is typically a smaller portion of the main engineering project;
(c) It is an addition to the main engineering system and does not affect the primary engineering system; and
(d) Incidental engineering items are usually included in the architectural drawings.
(2) Requirements/documentation: An architect shall prepare no engineering documents except those documents clearly defined as engineering incidental to the practice of architecture. An architect who performs the incidental practice of engineering must maintain supporting data to document, justify and certify information to the permitting or regulatory authority.
Author: Board For Registration Of Architects
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Pursuant to a complaint alleging the unlicensed practice of architecture, work not in compliance with the law may be remedied by the following method:
(1) The owner of the project employs an architect registered in Alabama and advises the Board accordingly; and
(2) The architect acknowledges this relationship in a letter to the Board and outlines the scope of work and time line for completion; and
(3) The architect conducts an on-site inspection of the project, prepares "as-built" drawings to document existing building conditions, and prepares a report of any building and life safety code deficiencies, including recommended actions that will bring the building into conformance with all applicable codes. If "as-built" drawings are deemed unnecessary by the architect, the architect shall submit a written statement of explanation to the Board; and
(4) The architect assumes responsibility for the design and becomes the coordinating professional for the project; and
(5) The architect provides notice to the Board when all deficiencies have been addressed and the Authority Having Jurisdiction has been notified.
Author: Board For Registration Of Architects
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These rules provide for a post-licensure continuing education program that enables a registered architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public's health, safety, and welfare.
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(1) Scope. These rules shall apply to every Alabama registered architect as a condition for renewal of registration on an annual basis.
(2) Exemptions. A registrant may be exempt from participating in the continuing education program required by these rules for one of the following reasons:
(a) A first-time registrant by examination or NCARB certificate is exempt for his or her first renewal. This provision does not apply to an architect who regains registration through reinstatement.
(b) Registrant is an emeritus status architect.
(c) Registrant is a civilian who serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days during the annual report period.
(d) Hardship cases will be considered by the Board on an individual basis and must be received by the Board by December 1. A registrant experiencing physical disability, illness, or other extenuating circumstances beyond his or her control may request extension from the continuing education requirements. The registrant shall provide supporting documentation for the board's review. The board will consider such hardship cases on an individual basis.
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Each Alabama registered architect shall complete a minimum of twelve (12) structured continuing education hours each calendar year. One continuing education hour (CEH) shall represent a minimum of 50 minutes of actual contact time. Each CEH must be devoted to health, safety, and welfare subjects related to the practice of architecture, including those enumerated below, and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods. The Board has final authority to accept courses, credits, and continuing education hours for courses and any other method of earning credit. The Board does not pre-approve courses.
(1) Topics for the twelve (12) structured CEHs shall include the study of technical and professional subjects that the Board deems appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment:
(a) Legal: Laws, Codes, Zoning, Regulations, Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and the Public;
(b) Building Systems: Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire Protection;
(c) Environmental: Energy Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous Materials, Weatherproofing, Insulation;
(d) Occupant Comfort: Air Quality, Lighting, Acoustics, Ergonomics;
(e) Materials and Methods: Construction Systems, Products, Finishes, Furnishings, Equipment;
(f) Preservation: Historic, Reuse, Adaptation;
(g) Pre-design: Land Use Analysis, Programming, Site Selection, Site and Soils Analysis, Surveying;
(h) Design: Urban Planning, Master Planning, Building Design, Site Design, Interiors, Safety and Security Measures;
(i) Construction Documents: Drawings, Specifications, Delivery Methods;
(j) Construction Contract Administration: Contracts, Bidding, Contract Negotiations.
(2) Structured course study shall consist of participation in HSW education activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study. Structured Continuing Education shall include the following types of activities:
(a) Attending professional or technical HSW presentations at meetings, conventions, or conferences;
(b) Attending in-house technical HSW programs sponsored by corporations or other organizations;
(c) Successfully completing HSW seminars, webinars, tutorials, short courses, online courses, correspondence courses, televised courses, or videotaped courses.
(d) Successfully completing post professional degree college or university sponsored courses that qualify as HSW (1 academic credit hour = 1 CEH).
(e) Successfully completing HSW courses that are awarded continuing education credits.
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The continuing education section of the Board's renewal application must be completed in full, in order to process, the registration renewal.
(1) Unless exempted as provided in 100-X-3-.02, each registrant shall submit the required continuing education information, which shall include an affidavit attesting to the registrant's fulfillment of continuing education requirements during the current calendar year. No carry-over of continuing education hours is permitted. Failure to comply with these requirements shall result in non-renewal of the architect's registration.
(2) Each affidavit shall be reviewed by the Board staff and may be subject to audit for verification of compliance with requirements.
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(1) The registrant is responsible for retaining documentation of continuing education activities.
(2) These records must be retained for a period of one year from the date the hours are reported as part of the applicant's renewal application. Copies must be furnished to the Board for audit purposes if requested.
(3) Proof of CEH completion include: AIA Transcripts, certificates of completion issued by the course provider, and other correspondence or documentation provided directly from the course provider. HSW must be clearly indicated on the supporting documentation.
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(1) The Board will conduct an audit of renewals submitted to ensure compliance with continuing education requirements. Registrants selected for audit will be notified and required to provide documentation in support of hours claimed.
(2) The Board may disallow claimed credit for continuing education hours if the CEHs do not comply with the above requirements. If continuing education hours are disallowed, the registrant shall have thirty (30) calendar days after notification to provide documentation that substantiates the original claim or provide documentation of other continuing education hours to meet the minimum requirements. Continuing education hours submitted to remedy a disallowance shall not be used for registration renewal purposes.
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Failure to fulfill the continuing education requirements or file the properly completed and signed annual report shall result in non-renewal of the architect's certificate of registration.
(1) Failure to respond to audit notification will result in a temporary suspension of registration until such time as audit requirements are met.
(2) Falsification of documentation or willful disregard of these requirements may result in disciplinary action.
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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.
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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.
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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.
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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.
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Any building erected, enlarged, or altered that is intended for use as an auditorium, regardless of size, requires the services of a registered architect.
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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.
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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.
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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.
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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).
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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).
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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.
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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.
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(1) An individual not registered in accordance with §§ 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 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 nonexempt 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).
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In order to safeguard life, health, and promote the public welfare, the Board shall have the power to regulate the practice of architecture in Alabama, whatever the nature of such practice. All registered architects, whether resident or non-resident, are expected to practice in accordance with the statutes and regulations governing the practice of architecture in Alabama.
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An individual who possesses a NAAB-accredited professional degree in architecture, is actively enrolled in the NCARB Architectural Experience Program, and is working under the responsible control of a registered architect may use the title "Intern Architect."
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Upon approval of registration, the Board will advise the registrant that he or she should secure a seal. The Board will provide the registrant with a sample of the seal. The seal may be a rubber stamp, an impression seal, or a computer-generated seal, if allowed by the Authority Having Jurisdiction. The seal shall be circular, two inches in diameter, and shall contain an outer circle which reads "STATE OF ALABAMA" at the top and "REGISTERED ARCHITECT" at the bottom. The architect's name and registration number must be placed inside the inner circle. The seal shall be used to identify all drawings, duplication of drawings, plans, specifications, plats and reports issued from his or her office for use in this state. By affixing the seal, the architect signifies that the document was prepared either by the registrant personally or under his or her responsible control.
(1) The architect's seal must be affixed on all final drawings, plans, specifications, plats and reports whenever presented to a client or any public or governmental agency for the purpose of obtaining a permit for construction. Work products presented which are not final shall be so identified. Working drawings or unfinished, in-progress drawings must contain the following statement: "PRELIMINARY-NOT FOR CONSTRUCTION."
(2) The architect's seal shall substantially resemble the sample seal shown below:
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History
Pursuant to a complaint alleging the unlicensed practice of architecture, work not in compliance with the law may be remedied by the following method:
(1) The owner of the project employs an architect registered in Alabama and advises the Board accordingly; and
(2) The architect acknowledges this relationship in a letter to the Board and outlines the scope of work and time line for completion; and
(3) The architect conducts an on-site inspection of the project, prepares "as-built" drawings to document existing building conditions, and prepares a report of any building and life safety code deficiencies, including recommended actions that will bring the building into conformance with applicable codes. If "as-built" drawings are deemed unnecessary by the architect, the architect shall submit a written statement of explanation to the Board; and
(4) The architect assumes responsibility for the design and becomes the coordinating professional for the project; and
(5) The architect provides notice to the Board when all observable deficiencies have been addressed and the Authority Having Jurisdiction has been notified.
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In circumstances where an Alabama registered architect can no longer provide services on a project (such as death, retirement, disability, contract termination, etc.), a successor architect (who is also registered in Alabama) may undertake a project by performing all professional services, including development of a complete design file with work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The non-professional services, such as drafting, need not be redone by the successor architect but must clearly and accurately reflect the successor's work. The burden is on the successor architect to show such compliance. The successor architect shall have control of and responsibility for the work product and the originals of all documents. All references to the original architect (title block, seal, signatures, etc.) must be removed from the documents.
(a) In cases of termination, the successor architect should ensure that the original architect has been advised in writing by the client that the contract has been terminated.
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(1) On a project where a building permit has been issued and an Alabama registered architect has not been engaged, or is no longer engaged, to perform construction administration services, the architect must report to the building official and the Board that he or she has not been, or is no longer, so engaged.
(2) Construction administration services of an architect is deemed necessary to protect the health, safety, and welfare of the public including, but not necessarily limited to, periodic site observations of the construction progress and quality, review of contractor submittal data and drawings, and reporting to the building official and owner any violations of codes or substantial deviations from the contract documents that the architect observed. As with other architectural services, qualified employees of registered architects may perform construction administration services under the instruction and responsible control of their employees.
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An Alabama registered architect who prepares documents for a project, regardless of whether the project is exempted, shall perform construction administration services as described in the Code of Ala. 1975, § 34-2-32 and Administrative Rule 100-X-5-.06.
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Prototypical plans consist of drawings or specifications not intended as final and complete construction documents for a building project, but rather as a sample or model to provide general guidance for a building or buildings to be constructed in more than one location with substantially few design changes or additions, except those required to adapt to each particular site. Prototypical documents may or may not be premised upon laws, rules and regulations, or adopted building code of a particular state, county, or municipality, but shall be adaptable to the regulations or codes of each applicable construction location. Prototypical documents are generally not designed for a specific climate, weather, topography, soil, or other site-specific conditions or requirements, but are intended to be adapted to those and other site-specific conditions. Prototypical documents may or may not originate from a registered design professional (architect or professional engineer).
(a) Nothing in these rules precludes the use of prototypical documents, provided the architect ensures that all of the following conditions are met:
(1) Obtains written permission from the design professional who prepared or sealed the prototypical documents, or from the legal owner of the prototypical documents, to use, revise, amend and otherwise adapt the prototypical documents; and
(2) Thoroughly reviews the prototypical documents, makes necessary revisions, and adds all required elements and design information (including the design services of engineering consultants if warranted), so that the prototypical documents become suitable construction documents, in full compliance with applicable codes, regulations, and site-specific requirements; and
(3) Independently performs, and maintains on file, necessary calculations to verify the public health and safety suitability of all elements or features portrayed by the original prototypical documents; and
(4) After reviewing, analyzing, calculating and making revisions and additions, re-draws and issues the documents with the architect's title block and Alabama registration seal (or the seals of licensed consultants as applicable), maintaining responsible control over use of the final adapted documents as if they were the architect's original design and assuming full responsibility as the architect of record.
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A registered architect may combine with a licensed general contractor or a professional engineer in order to participate in a design-build undertaking whereby the architect prepares plans and specifications through individual or collective agreements with the owner or contractor in order to meet the owner's requirements for unified control in the design and construction services rendered under the following conditions:
(a) That nothing herein shall be construed so as to allow the offering or other performance of any architectural services by anyone who is not duly licensed as an architect in this state;
(b) That full disclosure is made in writing to the owner as to the duties and responsibilities of each of the participating parties in such agreements;
(c) The architect shall not furnish any services in such a manner as to enable a contractor, owner or others to perform architectural services or to evade the public health and safety requirements;
(d) The architect shall not seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the architect.
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A registered architect may combine with a licensed general contractor or a professional engineer in order to participate in a design-build undertaking whereby the architect prepares plans and specifications through individual or collective agreements with the owner or contractor in order to meet the owner's requirements for unified control in the design and construction services rendered under the following conditions:
(a) That nothing herein may be construed so as to allow the offering or other performance of any architectural services by anyone who is not duly licensed as an architect in this state;
(b) That full disclosure is made in writing to the owner as to the duties and responsibilities of each of the participating parties in such agreements;
(c) The architect shall not furnish any services in such a manner as to enable a contractor, owner or others to perform architectural services or to evade the public health and safety requirements;
(d) The architect shall not seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the architect.
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Each office engaged in the practice of architecture shall have an architect resident and regularly employed in that office. The registrant must supervise the day-to-day operation of the branch office, meaning he or she is regularly employed at that office only and the practice of architecture is under his or her responsible control.
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Each office engaged in the practice of architecture shall have an architect resident and regularly employed in that office. The registrant must supervise the day-to-day operation of the branch office, meaning he or she is regularly employed at that office only and the practice of architecture is under his or her responsible control.
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Services that are provided free of charge to an owner, client, or local municipality are subject to the professional standard of care that is expected of all registered architects practicing in the State of Alabama.
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The Board has the authority to investigate or cause to be investigated any matter that is brought to the Board's attention. The Board shall supply a complaint form to the public to assist in providing information outlining the nature of the complaint. All complaints shall be in writing. The Board, through its Executive Director, has the authority to subpoena records during the course of investigations and to compel the attendance of witnesses to testify during the course of investigations or to testify at hearings before the Board. The Board shall have the power to hold hearings, to set fines, to suspend registration, and or other appropriate measures upon any architect found guilty of any violation.
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Upon receiving a complaint, the Executive Director shall refer the complaint to one member of the Board; provided, however, that if the complaint is first made to a Board member, then it shall be referred to that Board member. Said Board member, the Executive Director, and the Board's legal counsel shall form the Probable Cause Committee, who determines whether the complaint falls under the purview of the Board and whether there is probable cause to believe that a violation of the Board's statutes or regulations has occurred.
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The Board shall employ an investigator who will pursue the facts in complaints filed with the Board. The Executive Director or the Probable Cause Committee will provide guidance regarding evidence to be collected, as appropriate. A written summary of the investigator's findings will be presented to the Probable Cause Committee for determination of violation of the Board's statutes and regulations.
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If the Probable Cause Committee determines that charges should be filed, the respondent is notified of the specific nature of the charges and the Board's proposed settlement of the issues. Said notice shall be sent by certified mail, return receipt requested, to the respondent's last known address. If a hearing is to be scheduled, the notice shall be sent by certified mail, return receipt requested, to the respondent's last known address not less than thirty (30) days before the date of the scheduled hearing. The Board will conduct the hearing with the assistance of a hearing officer, who will hear all competent and relevant evidence in support of the charges. The hearing will be conducted in accordance with the Alabama Administrative Procedures Act, § 41-22-13, Code of Ala. 1975. Upon conclusion of the hearing, the members of the Board (excluding the Probable Cause Committee Board member) will determine the appropriate action to be taken, and shall notify, or cause to be notified, the respondent of such action. If the Board suspends or revokes a registration, or issues a reprimand or fine against the respondent, he or she may appeal to the Circuit Court of Montgomery County, Alabama.
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Settlement agreements, consent agreements, and orders resulting from disciplinary hearings are public records. The Board will report disciplinary actions on its website, in its newsletter and to the NCARB disciplinary database. Additional publication may be ordered on a case-by-case basis at the discretion of the Board.
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(1) In practicing architecture, an architect's primary duty is to protect the public's health, safety, and welfare. In discharging this duty, an architect shall act with reasonable care and competence, and shall apply the knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.
(2) In designing a project, an architect shall take into account all applicable state and municipal building laws and regulations. While 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 laws and regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.
(3) An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.
(4) No person shall be permitted to practice architecture if, in the Board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.
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(1) An architect shall not accept compensation in connection with services from more than one party on a project (and never in connection with specifying or endorsing materials or equipment) unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.
(2) If an architect has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest, and 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.
(3) An architect shall not solicit or accept compensation from material or equipment suppliers in connection with specifying or endorsing their products. As used herein, "compensation" shall not mean customary and reasonable business hospitality, entertainment, or product education.
(4) When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.
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(1) An architect, making public statements on architectural questions, shall disclose when he or she is being compensated for making such statement or when he or she has an economic interest in the issue.
(2) An architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.
(3) If, in the course of his or her work on a project, an architect becomes aware of a decision taken by his or her 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 shall:
(a) 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;
(b) Refuse to consent to the decision; and
(c) In circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding his or her objection, terminate his or her services with reference to the project unless the architect is able to cause the matter to be resolved by other means.
In the case of a termination in accordance with (c) above, the architect shall have no liability to his or her client or employer on account of such termination.
(4) An architect shall not deliberately make a false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with his or her application for registration or renewal or otherwise lawfully requested by the Board.
(5) An architect shall not assist the application for registration of a person known by the architect to be unqualified in respect to education, training, experience, or character. An architect possessing knowledge of an applicant's qualifications for registration shall cooperate with the applicant, the Board, and/or NCARB by responding appropriately regarding those qualifications when requested to do so. An architect shall provide timely verification of employment and/or training units earned by an intern-architect under his or her supervision if there is reasonable assurance that the facts to be verified are accurate. An architect shall not withhold such verification as a punitive act against a current or former employee. An architect shall not knowingly sign any verification document that contains false or misleading information.
(6) An architect possessing knowledge of a violation of these rules by another architect shall report such knowledge to the Board.
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(1) An architect shall not, in the conduct of his or her architectural practice, knowingly violate any state or federal criminal law.
(2) An architect shall neither offer nor 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.
(3) An architect shall comply with the registration laws and regulations governing his or her professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect is disciplined in any other United States jurisdiction.
(4) An architect shall not present a check to the Board that is returned unpaid by his or her financial institution.
(5) An architect registered in Alabama shall answer an inquiry concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the architect receives notice of the inquiry. Failure to respond to an inquiry concerning any matter under the jurisdiction of the Board shall constitute a separate violation subject to disciplinary action by the Board.
(6) An employer engaged in the practice of architecture shall not have been found by a court or an administrative tribunal to have violated any applicable federal or state law protecting the rights of persons working for the employer with respect to fair labor standards or with respect to maintaining a workplace free of discrimination. For purposes of this rule, any registered architect employed by a firm engaged in the practice of architecture who is in charge of the firm's architectural practice, either alone or with other architects, shall be deemed to have violated this rule if the firm has violated this rule.
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(1) Each office engaged in the practice of architecture shall have an architect resident and regularly employed in that office.
(2) An architect may sign and seal technical submissions only if the technical submissions were:
(a) Prepared by the architect;
(b) Prepared by persons under the architect's responsible control;
(c) Prepared by another architect registered in the same jurisdiction if the signing and sealing architect has reviewed the other architect's work and either has coordinated the preparation of the work or has integrated the work into his or her own technical submissions; or
(d) Prepared by another architect registered in any United States jurisdiction and holding the certification issued by the National Council of Architectural Registration Boards if the signing and sealing architect has reviewed the other architect's work and has integrated the work into his or her own technical submissions and the other architect's technical submissions are prototypical building documents.
(3) An architect may also sign and seal drawings, specifications, or other work which is not required by law to be prepared by an architect if the architect has reviewed such work and has integrated it into his or her own technical submissions.
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.
(4) Any registered architect signing or sealing technical submissions not prepared by that architect but prepared under the architect's responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation. Any registered architect signing or sealing technical submissions integrating the work of another architect into the registered architect's own work as permitted under clauses (c) or (d) above shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered architect's review of and integration of the work of such other architect's work into his or her own technical submissions, and that such review and integration met the required professional standard of care.
(5) An architect shall neither offer nor make 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.
(6) An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.
(7) An architect shall not make misleading, deceptive, or false statements or claims.
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(1) An entity may practice architecture in Alabama as a corporation, professional corporation, professional association, partnership, or limited liability company. An entity must meet the following requirements to be approved for practice as an entity in Alabama:
(a) Two-thirds (2/3) or more of the officers, partners, directors, members, or others (depending on the legal structure of the entity) are registered/licensed architects and/or licensed professional engineers in any United States jurisdiction and are also voting stockholders of the entity; and
(b) At least one (1) of the stockholding officers, partners, directors, or members must be an architect registered in the State of Alabama, who has authority to contractually bind the entity and whose name and registration seal shall appear on all documents prepared under his or her responsible control.
(2) Upon registration as an architect in Alabama, the registrant will be notified that if the firm entity he or she is affiliated with intends to offer, solicit, or perform architectural services in the firm entity's name, the entity must apply for a Certificate of Authorization (COA) to Practice Architecture in Alabama within thirty (30) days of notification that registration has been granted.
(3) No firm entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this regulation. Likewise, no individual practicing architecture as defined in § 34-2-30(2) and (3) of The Code of Ala., 1975 shall be relieved of responsibility for work performed by reason of employment, association, or relationship with the entity.
(4) The Board shall maintain a public roster of firm entities that have been issued a COA.
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(1) All applications for a COA shall be made in the format provided by the Board. The firm entity will be required to furnish all applicable information indicated on the form along with the required fee. Application fees will not be refunded.
(2) Any entity required to be qualified by the Alabama Secretary of State's Office to do business in Alabama may file such qualification documents with that office concurrently with application for a COA. The firm entity name on the COA must be the same as the firm entity name on documents filed with the Alabama Secretary of State's Office.
(3) Withholding information, providing statements which are untrue, or misrepresenting pertinent facts may be cause for denial of an application or revocation of the COA.
(4) When the Board, after due consideration of the application, finds that the firm entity is not eligible for a COA, the application will be denied. In this event, the firm may not offer, solicit, or perform architectural services as a firm entity.
(5) If the firm entity is dissolved or reorganized, or if there is a change in the registered architect(s) in responsible control of the practice of architecture in Alabama, the entity must notify the Board in writing within thirty (30) days.
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The Board shall have the power to set COA renewal fees and fees for late payment. The Board shall issue renewal notices to each COA from the previous year to the last known address. Failure to receive a renewal reminder from the Board shall not constitute an excuse for failure to renew. The COA term is May 1 to April 30. No provision is made for partial payment for a partial year. Renewal fees are due on or before April 30 of each year. A convenience fee or surcharge may be applied for electronic renewals. If COA renewal is not completed on or before May 30th, the COA will lapse and must be reinstated, as required by rule. COAs providing architectural services under a lapsed or expired COA shall be subject to disciplinary action by the Board.
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A lapsed COA must complete a new application, submit a reinstatement fee, and sworn affidavit stating the COA has not performed any service included in the definition for the practice of architecture as a COA while not authorized to do so. The Board shall review or authorize the Executive Director to review the application and authorize approval of the application for reinstatement. Should the application or record reflect disciplinary history or unsatisfactory responses to questions on the application, the Board will conduct a further review of the application and render a decision regarding eligibility for COA. If approved, the same COA number will be reissued.
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