OAR Chapter 806 — State Board of Architect Examiners

chapter-806OAR Chapter 806Regulation

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Division 1 PROCEDURAL RULES

Or. Admin. R. 806-001-0000 Reasonable Notice

Prior to the adoption, amendment, or repeal of any permanent rule, the Board of Architect Examiners shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule.

(2) By providing a copy of the notice and proposed rule(s) to persons on the Board’s mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By providing a copy of the notice to the organizations and associations that the Board considers to be interested in such adoption.

(4) By providing a copy of the notice to the Associated Press.

(5) By providing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

History

  • Statutory/Other Authority: ORS 183.335, 670.125 & 671.310
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 1-2020, amend filed 10/20/2020, effective 11/23/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 2-1992, f. & cert. ef. 3-30-92
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1980, f. & ef. 2-14-80
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 12, f. & ef. 2-4-76
Or. Admin. R. 806-001-0003 Biennial Budget

Pursuant to the provisions of ORS 182.462, the Board adopts by reference its 2025-2027 Biennial Budget of $1,729,948 covering the period July 1, 2025, through June 30, 2027. The Board’s Executive Director may amend budgeted accounts, within the approved budget of $1,729,948, for the effective operation of the Board. The Board will not exceed the approved total budget amount without amending this rule, notifying holders of certificates of registration, and holding a public hearing. Copies of the budget are available from the Board's office.

[Publications: Publications referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 182.462, 183.335, 183.705, 670.310, 671.120 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 1-2025, amend filed 05/13/2025, effective 07/01/2025
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 1-2023, amend filed 04/14/2023, effective 07/01/2023
  • BAE 3-2021, amend filed 04/20/2021, effective 07/01/2021
  • BAE 1-2019, amend filed 04/10/2019, effective 07/01/2019
  • BAE 2-2017, f. & cert. ef. 6-8-17
  • BAE 1-2017, f. & cert. ef. 5-15-17
  • BAE 1-2015, f. 5-14-15, cert. ef. 7-1-15
  • BAE 2-2013, f. 4-8-13, cert. ef. 7-1-13
  • BAE 4-2012, f. 10-25-12, cert. ef. 11-1-12
  • BAE 1-2011, f. 6-6-11, cert. ef. 7-1-11
  • BAE 3-2009, f. 5-22-09, cert. ef. 7-1-09
  • BAE 2-2009, f. & cert. ef. 5-14-09
  • BAE 1-2007, f. 5-8-07, cert. ef. 7-1-07
  • BAE 1-2005, f. 3-14-05, cert. ef. 7-1-05
  • BAE 2-2003, f. 4-11-03 cert. ef. 7-1-03
  • BAE 2-2001, f. 6-6-01, cert. ef. 7-1-01
  • BAE 2-1999, f. & cert. ef. 5-25-99
  • BAE2-1998, f. & cert. ef. 6-22-98
  • AE 3-1997, f. & cert. ef. 12-11-97
  • AE 1-1997(Temp), f. & cert. ef. 7-25-97
Or. Admin. R. 806-001-0004 Rules of Procedure

The Board adopts the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act in effect July 1, 2019, as the Board's general administrative procedural rules and to govern the Board's rulemaking and contested cases or equivalent proceedings.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Architect Examiners.]

History

  • Statutory/Other Authority: ORS 183.341, 670.310 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 2-2011, f. & cert. ef. 7-22-11
  • BAE 3-2006, f. 3-14-06, cert. ef. 3-15-06
  • BAE 3-2004, f. & cert. ef. 5-5-04
  • BAE 3-2000, f. & cert. ef. 7-24-00, Renumbered from 806-010-0055
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 3-1992, f. & cert. ef. 6-30-92
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1984, f. & ef. 8-22-84
  • AE 3-1981, f. & ef. 12-21-81
  • AE 1-1980, f. & ef. 2-14-80
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 2-1978, f. & ef. 3-6-78
  • AE 13, f. & ef. 4-2-76
  • AE 11, f. 2-15-74, ef. 3-11-74
  • AE 5, f. 12-22-64

Division 10 GENERAL

Or. Admin. R. 806-010-0001 Definitions

(1) “Appurtenant” as used in the definition of the Practice of Architecture in ORS 671.010 refers to those systems, equipment and/or elements, whether interior or exterior, that are necessary to the overall function of a building.

(2) "Architect" is defined in ORS 671.010.

(3) “Architectural firm” is defined in ORS 671.010.

(4) “Control” and “supervision” as used in ORS 671.030(2)(a) mean the amount of professional knowledge of services that constitute the practice of architecture, as is ordinarily exercised by an architect applying the required professional standard of care.

(5) “Practice of architecture” as defined in ORS 671.010 includes but is not limited to:

(a) The determination of design objectives, space requirements, space relationships, systems, flexibility/expansibility, and site requirements.

(b) The preparation of schematics, massing layouts, plans, drawings, specifications, calculations, and other diagnostic documents which show the features of the non exempt work being contemplated.

(c) The preparation of technical submissions including, but not limited to, architectural drawings, mechanical and electrical drawings, specifications, and procurement documents. Except as provided in ORS 479.860, ORS 671.025 requires technical submissions for non exempt work to be stamped and signed by an Oregon registered individual architect.

(6) “Responsible control” as defined in ORS 671.010 includes but is not limited to an architect’s integration of information from manufacturers, suppliers, installers, the architect’s consultants, owners, contractors, or other sources the architect reasonably relies upon consistent with the required professional standard of care, that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information.

(7) “Technical submission” is defined in ORS 671.010.

History

  • Statutory/Other Authority: ORS 670.310, 671.010, 671.125 & 672
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 5-2021, amend filed 09/28/2021, effective 10/22/2021
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, adopt filed 04/10/2019, effective 05/01/2019
Or. Admin. R. 806-010-0002 Definitions of Building Size Limitations

As set forth in ORS 671.030:

(1) "Ground Area" shall be measured to include the total area within all surrounding exterior walls and includes areas not provided with surrounding walls under the horizontal projections of a roof or floor above. Measurements extend to the outside face of the exterior walls and the edge of horizontal projections.

(2) "Height" shall be measured from the top surface of the lowest occupiable floor to the highest interior overhead finish of the structure in determining whether a building exceeds the 20 foot height limitation. A basement floor is considered the lowest floor when useable (i.e., storage, garage, etc.)

History

  • Statutory/Other Authority: ORS 670.310, 671.030 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, adopt filed 04/10/2019, effective 05/01/2019
Or. Admin. R. 806-010-0010 Approved Architect and Firm Registration and Evaluation Programs

(1) The Board adopts the education standard adopted by the National Council of Architectural Registration Boards (NCARB), consisting of a professional degree in architecture from a program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB), a professional degree in architecture certified by the CACB from a Canadian University, or a NAAB determined equivalent through NAAB's Education Evaluation Services for Architects (EESA) program.

(2) The Board adopts the requirements in the document titled NCARB Architectural Experience Program (AXP) Guidelines dated November 2025 for the experience requirement for registration.

(3) The Board adopts the Architect Registration Examination (ARE) 5.0 prepared by NCARB, and previously adopted versions of the examination, as the approved examination to test applicant qualifications for registration. An applicant shall pass the ARE in accordance with the NCARB standards current at the time the applicant took the examination to obtain an initial registration. The Board shall accept the ARE results as determined by NCARB. To qualify for the ARE, an applicant shall present satisfactory evidence that the applicant has, at a minimum, achieved one of the following:

(a) Graduation from a high school; or

(b) Completion of a high school equivalency program.

(4) The Board adopts the requirements in the document titled NCARB Certification Guidelines dated July 2025 for the NCARB Certificate under OAR 806-010-0035(3)(f)(A).

(5) A person may be considered for registration by the Board by satisfying:

(a) The rules for registration by examination under OAR 806-010-0020; or

(b) The rules for registration by reciprocity under OAR 806-010-0035.

(6) A firm may be considered for registration by the Board by satisfying the rules under OAR 806-010-0080.

(7) To pass the Jurisprudence Exam (JE) an individual must do the following:

(a) Complete the JE within 90 minutes; and

(b) Score at least 84 percent.

(A) An individual who fails the JE must wait seven days before retaking the examination.

(B) Test results are final and binding on the applicant.

[Publications: Publications referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 670, 670.310, 671, 671.041, 671.050 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2025, amend filed 10/14/2025, effective 11/24/2025
  • BAE 2-2025, amend filed 08/27/2025, effective 09/22/2025
  • BAE 2-2024, amend filed 10/10/2024, effective 11/22/2024
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2022, amend filed 11/02/2022, effective 01/01/2023
  • BAE 5-2021, amend filed 09/28/2021, effective 10/22/2021
  • BAE 1-2020, amend filed 10/20/2020, effective 11/23/2020
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2015, f. & cert. ef. 12-14-15
  • BAE 2-2015(Temp), f. & cert. ef. 6-26-15 thru 12-22-15
  • BAE 5-2014, f. & cert. ef. 7-24-14
  • BAE 1-2008, f. & cert. ef. 2-28-08
  • AE 2-1983, f. & ef. 1-12-83
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 13, f. & ef. 4-2-76
  • AE 11, f. 2-15-74, ef. 3-11-74
  • AE 6, f. 6-5-69
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0014 Criminal Conviction Determination Process

(1) Prior to beginning an education program required for registration as an architect, a person who was convicted of a crime may petition the Board for a determination as to whether the criminal conviction or convictions will prevent the individual from receiving a registration issued by the Board to practice architecture in Oregon.

(2) To be complete, a petition must include the following:

(a) A complete and signed determination request form;

(b) The following records related to the final judgment of each criminal conviction:

(A) A certified copy of the judgment of criminal conviction;

(B) Any charging document(s);

(C) All arrest report(s);

(D) All probation and parole records, if they exist;

(c) A written statement from the petitioner regarding the facts underlying the criminal conviction, and any intervening circumstances since the conviction; and

(d) A written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one criminal conviction.

(3) A separate completed petition must be filed for each criminal conviction for which the petitioner is requesting a determination.

(4) If any of the records in (2)(b) no longer exist, have been sealed or are otherwise lawfully unavailable to the petitioner, petitioner must provide evidence from the agency, court, or other public body that held the record that the record no longer exists or is lawfully unavailable.

(5) If any of the documents required under subsections (2) and (4) are not provided, petitioner will have 60 days to provide the required documents or information. Upon failure to comply, the petition will be deemed incomplete and will be closed without a determination.

(6) The petition, the records and information submitted with the petition, and the Board’s determination are subject to Oregon’s Public Records Laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure.

(7) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a registration when the person submits a completed application for registration.

(8) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a registration if the applicant:

(a) Has allegations or charges pending in criminal court;

(b) Has failed to disclose a previous criminal conviction;

(c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for registration; or

(d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for registration, became subject to a change in state or federal law that prohibits registration because of a conviction of that crime.

(9) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, and any other misinformation regarding a prior criminal conviction.

(10) Nothing in this rule prohibits the Board from denying registration when the person submits a completed application for a reason other than conviction of a crime.

(11) A determination under this rule is not a final determination of the Board.

History

  • Statutory/Other Authority: ORS 671.125 & ORS 670.280(3)
  • Statutes/Other Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552)
  • BAE 3-2025, adopt filed 10/14/2025, effective 11/24/2025
Or. Admin. R. 806-010-0020 Registration by Examination

(1) No person may use the “Architect” title, except under the conditions outlined under OAR 806-010-0037 and ORS 671.065.

(2) Prior to practicing architecture in Oregon, an individual must apply for and obtain a certificate of registration from the Board.

(3) To become registered by examination to practice architecture in Oregon, an individual must do the following:

(a) Submit a complete Registration by Examination Application form;

(b) Pay the required fees;

(c) Confirm transmittal of NCARB Record to the Board which includes official documentary evidence of the following:

(A) A professional degree in architecture meeting the education standard under OAR 806-010-0010(1);

(B) Completion of the AXP; and

(C) Passing the ARE;

(d) Pass the Jurisprudence Examination (JE); and

(e) Provide any other information required by the Board.

(4) The Board reserves the right to require an oral interview of any applicant. Oral interviews are held on regularly scheduled Board meeting dates. The applicant will be notified if an oral interview is required.

(5) Upon successful completion of all requirements for registration by examination, the individual will be issued a certificate of registration and decorative wall certificate according to OAR 806-010-0040.

(6) If an application is not deemed complete within 12 months of the date of the original application, the applicant must apply again as a new applicant.

[Publications: Publications referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 670, 671, 670.310, 671.050, 671.085 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2015, f. & cert. ef. 12-14-15
  • BAE 3-2015(Temp), f. & cert. ef. 9-14-15 thru 12-22-15
  • BAE 2-2015(Temp), f. & cert. ef. 6-26-15 thru 12-22-15
  • BAE 5-2014, f. & cert. ef. 7-24-14
  • BAE 2-2010, f. 6-11-10, cert. ef. 10-3-10
  • BAE 4-2009, f. & cert. ef. 7-10-09
  • BAE 1-2008, f. & cert. ef. 2-28-08
  • BAE 2-2005, f. & cert. ef. 5-12-05
  • BAE 4-2003, f. 8-13-03, cert. ef. 8-14-03
  • BAE 5-2002, f. 8-14-02 cert. ef. 8-15-02
  • BAE 5-2001, f. & cert. ef. 10-24-01
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1993, f. & cert. ef. 7-1-93
  • AE 5-1992(Temp), f. & cert. ef. 10-21-92
  • AE 2-1992, f. & cert. ef. 3-30-92
  • AE 1-1986, f. 11-12-86, ef. 11-13-86
  • AE 2-1984, f. & cert. ef. 10-23-84
  • AE 2-1983, f. & cert. ef. 1-12-83
  • AE 2-1981(Temp), f. & cert. ef. 7-28-81
  • AE 2-1980, f. & cert. ef. 10-3-80
  • AE 1-1980, f. & cert. ef. 2-14-80
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 1-1978, f. & cert. ef. 1-23-78
  • AE 11-1974, f. 2-15-74, cert. ef. 3-11-74
  • AE 6-1969, f. & cert. ef. 6-5-69
  • AE 5-1964, f. & cert. ef. 12-22-64
Or. Admin. R. 806-010-0033 Recognized Jurisdictions

(1) The Board recognizes the following jurisdictions:

(a) Each state of the United States;

(b) The District of Columbia;

(c) Guam;

(d) Puerto Rico;

(e) The US Virgin Islands;

(f) The Northern Mariana Islands; and

(g) Jurisdictions that the Board has entered into mutual recognition agreements/arrangements through NCARB.

(2) The Board may consider applicants from other jurisdictions who have been qualified under the NCARB Certification Guidelines. They must meet NCARB's certification guidelines before being considered for registration.

History

  • Statutory/Other Authority: ORS 670.310, 671.020, 671.065 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 4-2025, amend filed 12/10/2025, effective 01/22/2026
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2022, amend filed 11/02/2022, effective 01/01/2023
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 1-2008, f. & cert. ef. 2-28-08
  • BAE 4-2006, f. & cert. ef. 6-7-06
Or. Admin. R. 806-010-0035 Registration by Reciprocity

(1) No person may use the “Architect” title, except under the conditions outlined under OAR 806-010-0037 and ORS 671.065.

(2) Prior to practicing architecture in Oregon, an individual must apply for and obtain a certificate of registration from the Board.

(3) To become registered by reciprocity to practice architecture in Oregon, an individual must

(a) Possess an active architectural certificate of registration or license from another Board recognized jurisdiction;

(b) Submit a complete Registration by Reciprocity Application form;

(c) Pay the required fees;

(d) Pass the Jurisprudence Exam according to OAR 806-010-0010(7);

(e) Provide any other information required by the Board; and

(f) Provide all required documentation by

(A) Transmitting an active Certificate issued by the National Council of Architectural Registration Boards (NCARB) as approved by the Board, or

(B) Submitting official (i.e., provided to the Board by the granting authority) documentary evidence of all the following:

(i) A professional degree in architecture meeting the education standard under OAR 806-010-0010(1);

(ii) Passing the ARE or the examination equivalents to the ARE as listed in the July 2022 NCARB Certification Guidelines, available at www.ncarb.org or by request from the Board; and

(iii) Completion of the NCARB AXP program, or two years of practice in architecture in a Board recognized jurisdiction after initial registration or licensure.

(4) The Board reserves the right to require an oral interview of any reciprocity applicant. Oral interviews are held on regularly scheduled Board meeting dates. The applicant will be notified if an oral interview is required.

(5) Upon successful completion of all requirements for registration by reciprocity, the individual will be issued a certificate of registration and decorative wall certificate according to OAR 806-010-0040.

(6) If an application is not deemed complete within 12 months of the date of the original application, the applicant must apply again as a new applicant.

History

  • Statutory/Other Authority: ORS 670.310, 671.065, 671.085 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2022, amend filed 11/02/2022, effective 01/01/2023
  • BAE 1-2022, minor correction filed 02/10/2022, effective 02/10/2022
  • BAE 5-2021, amend filed 09/28/2021, effective 10/22/2021
  • BAE 1-2020, amend filed 10/20/2020, effective 11/23/2020
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2015, f. & cert. ef. 12-14-15
  • BAE 3-2015(Temp), f. & cert. ef. 9-14-15 thru 12-22-15
  • BAE 2-2015(Temp), f. & cert. ef. 6-26-15 thru 12-22-15
  • BAE 4-2013, f. 12-30-13, cert. ef. 1-1-14
  • BAE 2-2010, f. 6-11-10, cert. ef. 10-3-10
  • BAE 1-2008, f. & cert. ef. 2-28-08
  • BAE 2-2004, f. & cert. ef. 3-2-04
  • BAE 4-2003, f. 8-13-03, cert. ef. 8-14-03
  • BAE 5-2002, f. 8-14-02 cert. ef. 8-15-02
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 1-1999, f. & cert. ef. 3-25-99
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 3-1992, f. & cert. ef. 6-30-92
  • AE 1-1992, f. 1-9-92, cert. ef. 1-10-92
  • AE 1-1988, f. & cert. ef. 3-14-88
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1984, f. & ef. 8-22-84
  • AE 2-1980, f. & ef. 10-3-80
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 1-1978, f. & ef. 1-23-78
  • AE 11, f. 2-15-74, ef. 3-11-74
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0037 Architect Title

(1) Except as provided in ORS 671.010, ORS 671.020(2), and ORS 671.065(2), and consistent with Oregon and federal constitutional free speech provisions, an individual or entity who is not registered in Oregon to practice architecture may not:

(a) Use the title “Architect” or any modification or derivative such as “architectural” or “architecture” in its name or description of its business activity in a manner that indicates or implies that the individual or firm engages in the practice of architecture, or offers to engage in the practice of architecture in Oregon;

(b) Advertise they are authorized to practice architecture in Oregon; or

(c) Use the title “Architect Emeritus”, “Architect Emerita”, or “Architect Emerit” unless granted the authority by the Board to do so.

(2) OAR 806-010-0037(1) prohibits the use of the title “Architect” or any modification or derivative such as “architectural” or “architecture” when such use misleads or deceives a consumer seeking services related to designing, in whole or in part, buildings and the space within and appurtenant to buildings in Oregon.

History

  • Statutory/Other Authority: ORS 670.310, 671.125 & 671.220
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2025, amend filed 10/14/2025, effective 11/24/2025
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2023, amend filed 08/21/2023, effective 10/02/2023
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2009, f. & cert. ef. 7-10-09
  • BAE 1-2006, f. & cert. ef. 3-10-06
  • BAE 6-2005, f. & cert. ef. 12-13-05
  • BAE 2-2004, f. & cert. ef. 3-2-04
Or. Admin. R. 806-010-0040 Architect Certificates

(1) All decorative wall certificates issued by the Board shall be signed by the Chair or the Vice Chair and the Executive Director and shall include the Seal of the Board.

(2) If a previously issued decorative wall certificate or certificate of registration has been lost or destroyed, a duplicate may be obtained by submitting a complete Application for a Duplicate Registration Request form to the Board and paying the fee under OAR 806-010-0105.

(3) A certificate of registration shall include the name of the registrant, mailing address, registration number, and expiration date.

History

  • Statutory/Other Authority: ORS 670.310, 671.085 & 671.125
  • Statutes/Other Implemented: ORS 671.010- 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2014, f. & cert. ef. 7-24-14
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 20, f. & ef. 12-20-77
  • AE 19(Temp), f. & ef. 10-7-77
  • AE 11, f. 2-15-74, ef. 3-11-74
  • AE 7, f. 6-5-69, ef. 8-22-69
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0045 Stamps and Signatures

(1) Every registered architect shall have a stamp (seal) bearing the name of the registered architect only, together with the city and state in which the architect's principal office is located. The stamp may include the architect's registration number issued by the Board.

(2) The stamp may be a crimp or rubber style hand stamp or a computer-generated (digital) stamp.

(3) All technical submissions which are required by public authorities for building permits or regulatory approvals, or are intended for construction purposes, including all addenda and other changes to such submissions, shall be stamped and signed by the architect.

(4) A registered architect may stamp and sign technical submissions only if the technical submissions were:

(a) prepared by the architect;

(b) prepared by persons under the architect’s responsible control; or

(c) prepared by another architect registered in the same jurisdiction if the stamping and signing architect has confirmed the other architect’s work and either has coordinated the preparation of the work or has integrated the work into their own technical submissions.

(5) An architect shall maintain documentation of technical submissions for at least ten (10) years from the date of submittal and make records available to the Board upon request. Records must be adequate to demonstrate the architect’s responsible control over the technical submissions, whether prepared entirely by the architect or by integrating the work of others.

(6) The term "signature" or "signed" as used in ORS Chapter 671 means the following:

(a) A handwritten or digital representation of a handwritten identification that represents the act of the architect putting the architect’s name on a document to attest to its validity. The handwritten or digital representation must be:

(A) An original written by hand;

(B) A scanned image of an original, handwritten identification; or

(C) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document.

(b) Signatures must be:

(A) Permanently affixed to the document(s) being certified;

(B) Applied to the document by the identified registrant;

(C) Placed across the stamp of the registrant;

(D) Unique to the registrant using it;

(E) Capable of independent verification; and

(F) Under the exclusive control of the registrant using it.

(7) The stamp with the registrant's manual or digital signature must appear on all technical submissions including the title page of specifications and on every sheet of the drawings intended for permit or construction, whether or not the project is exempt under ORS 671.030, and must be the stamp of an Oregon registered architect with responsible control of the project. If the specifications and drawings bear the name of an Oregon registered architectural firm, the registrant stamping the documents must also possess written legal authority to accept responsibility for the specifications and drawings on behalf of the firm. The originals may be reproduced for permit and construction purposes.

(8) By stamping and signing a technical submission, the architect represents that the architect was in responsible control over the content of such technical submissions during their preparation and has applied the required professional standard of care.

(9) An architect may not stamp and sign, or countersign, or allow their stamp or signature to be affixed to any technical submissions or reports not prepared by them or under their responsible control.

(10) Any architect stamping and signing technical submissions not prepared by that architect, but prepared under the architect's responsible control, will maintain, and make available to the Board, upon request, reasonably adequate records to demonstrate the nature and extent of the architect's control over, and professional knowledge of, such technical submissions throughout their preparation.

(11) Notwithstanding other sections of these rules, a successor registered architect may complete a deceased or disabled architect's technical submissions intended for permitting and construction as though they were the successor's original but must perform a thorough review and will become fully responsible for the content. The successor registered architect must use their own title block, stamp, and signature, and must remove the title block, stamp, and signature of the deceased or disabled architect.

[ED. NOTE: Images of stamps referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 670.310, 671.020, 671.025 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 3-2013, f. 12-30-13, cert. ef. 1-1-14
  • BAE 1-2012, f. & cert. ef. 1-4-12
  • BAE 4-2004, f. & cert. ef. 5-5-04
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 1-1999, f. & cert. ef. 3-25-99
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 3-1979, f. & cert. ef. 11-29-79
  • AE 1-1979, f. 5-31-79, cert. ef. 6-1-79
  • AE 2-1978, f. & cert. ef. 3-6-78
  • AE 11-1974, f. 2-15-74, cert. ef. 3-11-74
  • AE 5-1964, f. & cert. ef. 12-22-64
Or. Admin. R. 806-010-0050 Observation

(1) Construction phase services that constitute the practice of architecture include but are not limited to:

(a) Clarification and modification of technical submissions during the construction phase; and

(b) Observing the construction site through substantial completion to determine that the work is proceeding generally in accordance with the technical submission.

(2) With the exception of exempt projects, construction phase services that constitute the practice of architecture must be performed by an architect, or under an architect's responsible control.

(3) If the architect, or the architect's firm, that stamped technical submissions to be used for construction of a non exempt project will not provide construction phase services described in OAR 806-010-0050(1), the architect must so advise the governmental authority that issued a permit for construction and the Board in writing within 10 days of when the architect becomes aware that they will not provide the construction phase services. This written notice must also include the project address and project owner’s name.

History

  • Statutory/Other Authority: ORS 670.310, 671.010 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 3-2019, amend filed 12/20/2019, effective 02/01/2020
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 7-2014, f. & cert. ef. 10-23-14
  • BAE 3-2005, f. & cert. ef. 5-12-05
  • BAE 1-1999, f. & cert. ef. 3-25-99
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1981, f. & ef. 3-5-81
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 2-1978, f. & ef. 3-6-78
  • AE 6, f. 6-5-69
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0060 Inactive Status and Reinstatement

(1) Unless renewed according to OAR 806-010-0090, an individual architect’s certificate of registration becomes inactive on the 61st day following the renewal deadline. An inactive Oregon certificate of registration prohibits an individual from:

(a) Practicing architecture in Oregon, as defined by ORS 671.010-671.220 and OAR chapter 806; or

(b) Using the architect title in Oregon, as defined by ORS 671.010-671.220 and OAR chapter 806.

(2) An individual whose certificate of registration has been inactive for a period of five years or less may be reinstated to active status by:

(a) Submitting a complete Individual Reinstatement Application;

(b) Submitting proof of satisfying the continuing education requirements of OAR 806-010-0145; and

(c) Paying the required fees under OAR 806-010-0105.

(3) An individual architect whose certificate of registration has been inactive for a period of longer than five years must reapply for registration under OAR-806-010-0020 or OAR-806-010-0035.

(4) Unless renewed according to OAR 806-010-0090, an architectural firm’s certificate of registration becomes inactive on the 61st day following the renewal deadline.

(5) An architectural firm’s certificate of registration that has been inactive for a period of five years or less may be reinstated to active status by:

(a) Submitting a complete Firm Reinstatement Application;

(b) Paying the required fees under OAR 806-010-0105; and

(c) Providing a Certificate of Existence issued by the Oregon Secretary of State that meets the requirements listed in OAR 806-010-0080.

(6) An architectural firm’s certificate of registration that has been inactive for a period of longer than five years must reapply for registration under OAR-806-010-0080.

History

  • Statutory/Other Authority: ORS 670.310, 671.080 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 3-2014, f. & cert. ef. 5-22-14
  • BAE 2-2012, f. & cert. ef. 8-13-12
  • BAE 2-2010, f. 6-11-10, cert. ef. 10-3-10
  • BAE 1-2010, f. & cert. ef. 4-6-10
  • BAE 7-2006, f. & cert. ef. 12-13-06
  • BAE 2-2004, f. & cert. ef. 3-2-04
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 1-1999, f. & cert. ef. 3-25-99
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1987, f. & ef. 3-30-87
  • AE 2-1980, f. & ef. 10-3-80
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 2-1978, f. & ef. 3-6-78
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0075 The Practice of Architecture

(1) The "Practice of Architecture" is defined in ORS 671.010 and relates to the professional activities of the registered architect. These activities include all analysis, calculations, research, graphic presentation, literary expression, and advice related to the preparation of documents for the design and construction of buildings, structures, and their related environment whether interior or exterior.

(2) The permission granted in ORS 671.065(2) that permits an architect who is not registered in Oregon to offer to render services does not allow that non-registered architect to engage in the Practice of Architecture.

History

  • Statutory/Other Authority: ORS 670, 671, 670.310 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 6-2014, f. & cert. ef. 7-24-14
  • BAE 5-2006, f. & cert. ef. 9-5-06
  • BAE 2-2006(Temp), f. 3-14-06, cert. ef. 3-15-06 thru 9-8-06
  • BAE 1-2006, f. & cert. ef. 3-10-06
  • BAE 4-2005, f. 8-29-05, cert. ef. 8-30-05
  • AE 1-1984, f. & ef. 8-22-84
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 5, f. 12-22-64
Or. Admin. R. 806-010-0078 Construction Contractor Offering Architectural Services

(1) For purposes of this rule, the following definitions apply:

(a) "Offering services" means manifesting a willingness to provide architectural services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement.

(b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate.

(2) The architect and architectural firm registration requirements under ORS 671.010 to 671.220 do not prevent a construction contractor from offering services constituting the practice of architecture if the construction contractor meets all the following conditions:

(a) The construction contractor holds an active contractors’ license under ORS Chapter 701;

(b) The services offered by the construction contractor, constituting the practice of architecture, are appurtenant to construction services to be provided by the construction contractor;

(c) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and

(d) The offer by the construction contractor identifies in writing the architect or architectural firm that will perform the services constituting the practice of architecture.

(3) For the purposes of meeting the requirements of OAR 806-010-0075(2), the primary contract or agreement to provide architectural services for such an architectural project may be between the construction contractor and the architect or architectural firm providing architectural services.

(4) An architect performing or identified as an architect that will perform the services constituting the practice of architecture as provided in subsection (2) of this rule must notify the Board, in writing, within 30 days if, after the construction contractor is retained by the owner, the architect ceases to provide the architectural services identified in the offer by the construction contractor.

(5) Construction contractors that offer or provide services in violation of any portion of this rule may be subject, under ORS 671.220, to sanctions and civil penalties of up to $5,000 per violation.

History

  • Statutory/Other Authority: ORS 670.310, 671.020, 671.030, 671.100, 671.125, 671.220 & 671.990
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2005, f. 8-29-05, cert. ef. 8-30-05
  • BAE 6-2002, f. 8-14-02 cert. ef. 8-15-02
Or. Admin. R. 806-010-0080 Registration of Architectural Firms

(1) Prior to practicing architecture or providing architectural services in Oregon, a firm must apply for and obtain a certificate of registration from the Board.

(2) The practice of architecture by firms in Oregon shall be managed and directed by an Architect or Architects registered under ORS 671.010 to 671.220.

(3) An architectural firm name is considered to be "assumed" when it is other than the real and true name of each person conducting business in Oregon or having an interest therein, such as J. L. Smith; Smith, Smith and Jones; Architectonics.

(4) When wording is used in a corporate or assumed business name to suggest the existence of additional principals, directors, partners or associates, the reference must be to existing persons currently or previously within the architectural firm, corporation, limited liability company, or partnership. Wording which suggests the existence of additional persons within the meaning of this rule includes "Associated," "Group," "& Associates," or "Partners."

(5) An architectural firm may use the plural form of architect in its name only if the architectural firm has more than one individual architect, actively registered in any Board recognized jurisdiction.

(6) An architectural firm name may contain numbers as long as it is not misleading to the public (i.e., "Three Oregon Architects" must have three architects registered in Oregon).

(7) To become registered as an architectural firm in Oregon, a firm must:

(a) Submit a complete Architectural Firm Application form;

(b) Pay the required fees; and

(c) Provide a certificate of existence from the Oregon Secretary of State.

(8) The submitted Architectural Firm Application form must include:

(a) Confirmation of the Oregon Registered Architect(s) with responsible control of the provision of architectural services in Oregon;

(b) Any other information required by the Board; and

(c) The signature of the architectural firm representative taking responsibility for the information contained in the Architectural Firm Application form and attachments. The architectural firm representative must be an officer or voting member of the architectural firm or have ownership interest in the architectural firm.

(9) If an application is not deemed complete within 12 months of the date of the original application, the applicant must apply again as a new applicant.

(10) Upon successful completion of all requirements for registration of an architectural firm, the firm will be issued a certificate of registration and decorative wall certificate according to OAR 806-010-0040.

History

  • Statutory/Other Authority: ORS 670.310, 671.041 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 5-2009, f. & cert. ef. 11-5-09
  • BAE 5-2005, f. 8-29-05, cert. ef. 8-30-05
  • BAE 5-2004, f. & cert. ef. 5-5-04
  • BAE 3-2003, f. & cert. ef. 4-11-03
  • BAE 1-2002, f. & cert. ef. 4-30-02
  • BAE 4-2001, f. & cert. ef. 10-4-01
  • BAE 3-2000, f. & cert. ef. 7-24-00
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 2-1978, f. & ef. 2-6-78
  • AE 17, f. & ef. 9-22-77
  • AE 16(Temp), f. & ef. 5-17-77
  • AE 11, f. 2-15-74, ef. 3-11-74
Or. Admin. R. 806-010-0090 Renewal of Registration

(1) The renewal deadline for an architect certificate of registration ending in an odd-number is December 31 of odd-numbered years. The renewal deadline for an architect certificate of registration ending in an even-number is December 31 of even-numbered years.

(a) A registration renewal is considered late if the registrant has not completed the requirements for renewal by the renewal deadline.

(b) Continuing education is considered late if the registrant has not completed the continuing education requirements specified under OAR 806-010-0145 by the renewal deadline.

(2) To renew an architect certificate of registration, the registrant must:

(a) Submit a renewal form complete with all the information required by the Board via the Board’s website at www.oregon.gov/osbae;

(b) Pay all required renewal fees specified under OAR 806-010-0105, including any applicable late fees; and

(c) Certify that the requirements for continuing education under OAR 806-010-0145 have been met.

(3) If not renewed, the certificate of registration is inactive on the 61st day following the renewal deadline and the individual architect may not practice architecture in Oregon.

(4) The renewal deadline for an architectural firm’s certificate of registration is January 31 of each year. A firm’s registration renewal is considered late if the registrant has not completed the requirements for renewal by the renewal deadline.

(5) To renew an architectural firm’s certificate of registration, the architectural firm representative must:

(a) Submit a renewal form complete with all information required by the Board via the Board’s website at www.oregon.gov/osbae; and

(b) Pay the architectural firm renewal fee specified under OAR 806-010-0105 including any applicable late fees.

(6) If not renewed, the certificate of registration is inactive on the 61st day following the renewal deadline and the architectural firm may not provide architectural services in Oregon.

History

  • Statutory/Other Authority: ORS 670, 670.310, 671.080 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220/SB 224 (2023)
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 5-2012, f. 12-19-12, cert. ef. 12-31-12
  • BAE 3-2012, f. & cert. ef. 8-13-12
  • BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08
  • BAE 1-2003, f. & cert. ef. 1-15-03
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • AE 3-1992, f. & cert. ef. 6-30-92
  • AE 1-1979, f. 5-31-79, ef. 6-1-79
  • AE 21, f. & ef. 12-20-77
  • AE 18(Temp), f. 10-4-77
Or. Admin. R. 806-010-0095 Filing and Maintenance of Current Contact Information

(1) Each applicant, architect, or architectural firm must provide current contact information to the Board to include the following:

(a) A work and a home address with a designation of the preferred mailing address (architectural firms are not required to submit a home address);

(b) Telephone number;

(c) Current email address;

(d) The name of the architectural firm’s representative through which the Board may correspond as specified under OAR 806-010-0080(8)(c);

(e) Current email address of the architectural firm representative;

(f) The names and addresses of all Oregon registered architects with responsible control of the provision of architectural services by the firm in Oregon; and

(g) Any other information required by the Board.

(2) Each applicant, registered architect, candidate, architectural firm, and holders of the title of “Architect Emeritus", "Architect Emerita", or "Architect Emerit" must maintain contact information by notifying the Board in writing of changes to all contact information required under subsection (1) of this rule within 60 days of such a change.

(3) The records associated with the Board are subject to the provisions of Oregon Public Records Law.

History

  • Statutory/Other Authority: ORS 670.310, 671.041, 671.050, 671.080 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 1-2024, amend filed 07/01/2024, effective 07/22/2024
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2023, amend filed 08/21/2023, effective 10/02/2023
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 1-2009, f. & cert. ef. 2-5-09
  • BAE 9-2002, f. & cert. ef. 12-12-02
  • AE 1-1987, f. & ef. 3-30-87
  • AE 1-1981, f. & ef. 3-5-81
Or. Admin. R. 806-010-0105 Fee Schedule

(1) Individual Registration by Examination:

(a) Application — $75

(b) Registration — $100

(2) Individual Registration by Reciprocity:

(a) Application — $100

(b) Registration — $200

(3) Individual Renewal:

(a) Two Year Renewal — $240

(b) Late Renewal — $150

(c) Late Continuing Education — $240

(4) Individual Reinstatement:

(a) Application — $100

(b) Registration — $400

(5) Architectural Firm Registration:

(a) Application — $100

(b) Registration — $200

(6) Architectural Firm Renewal:

(a) One Year Renewal — $200

(b) Late Renewal — $150

(7) Architectural Firm Reinstatement:

(a) Application — $100

(b) Registration — $400

(8) Miscellaneous:

(a) Duplicate Certificate of Registration or Decorative Wall Certificate — $25

(b) Copying Charges — $0.25 per page

(c) Certified Verification of Registration — $10

History

  • Statutory/Other Authority: ORS 670.310, 671.085 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2022, amend filed 04/21/2022, effective 07/01/2022
  • BAE 3-2021, amend filed 04/20/2021, effective 07/01/2021
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 1-2014, f. & cert. ef. 4-24-14
  • BAE 1-2013, f. & cert. ef. 2-12-13
  • BAE 3-2012, f. & cert. ef. 8-13-12
  • BAE 3-2011, f. & cert. ef. 7-22-11
  • BAE 3-2010, f. & cert. ef. 12-14-10
  • BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08
  • BAE 1-2003, f. & cert. ef. 1-15-03
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • BAE 2-2002, f. & cert. ef. 4-30-02
  • BAE 5-2001, f. & cert. ef. 10-24-01
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 2-1997, f. & cert. ef. 9-24-97
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 4-1992, f. & cert. ef. 9-2-92
  • AE 2-1988, f. & cert. ef. 9-9-88
  • AE 1-1988, f. & cert. ef. 3-14-88
  • AE 1-1986, f. 11-12-86, ef. 11-13-86
  • AE 2-1984, f. & ef. 10-23-84
  • AE 3-1983, f. 1-12-83, ef. 3-1-83
Or. Admin. R. 806-010-0106 Public Record Requests

(1) All requests for copies of public records pertaining to Board records and available at the Board’s office shall be in writing and may be delivered in person, by mail, or by email. The request may include:

(a) The name and address of the person requesting the public record;

(b) The telephone number or other contact information for the person requesting the public record;

(c) A sufficiently detailed description of the record(s) requested to allow the agency to search and identify responsive records;

(d) Date of request; and

(e) Signature of the person requesting the public record.

(2) Charges shall be payable in cash, check, money order, or any credit card accepted by the Board office. Checks or money orders shall be made payable to the Oregon State Board of Architect Examiners. All payments by credit card that are rejected must be paid in full by a check or money order within 10 days from notification of rejection.

(3) Charges for copies, documents, and services shall be as follows:

(a) $0.25 per page for photocopies.

(b) The cost of records transmitted by email is dependent on the amount of staff time needed to scan documents.

(c) Actual cost for delivery of records such as postage and courier fees.

(4) Fees for staff time to fulfill a public records request as follows:

(a) $25 per hour for clerical staff.

(b) $40 per hour for managerial staff.

(c) $75 per hour for professional staff.

(5) The first 30 minutes of staff time will be waived unless it appears that a requestor has fragmented a request that if taken in the aggregate would amount to significantly more than 30 minutes or has submitted multiple small requests in a short timeframe causing an undue burden on the agency.

(6) Requestors will be charged the actual attorney hourly rate charged to the agency for the cost of time spent by an attorney in reviewing the public records, redacting materials from the public records, or segregating the public records into exempt and non exempt records.

(7) Requestors will be notified of an initial cost estimate.

(a) If the cost estimate exceeds $25, the request will not be fulfilled until the requestor approves the estimate.

(b) The agency may require pre-payment of estimated fees before taking further action on a request.

(c) If the estimate is over $250, the agency will communicate with the requestor to determine if the scope of the request can be refined or out of pocket costs otherwise reduced.

(8) Requests for fee reduction and waiver will be considered and granted when doing so is in the public interest because providing access primarily benefits the general public. Requests for fee-reduction or waiver will be evaluated on a case-by-case basis based on the information provided by the requester and the totality of circumstances at the time of the request. Such requests will be evaluated on an assessment of the following criteria:

(a) Would disclosure of the requested information directly impact, affect, or serve an identified interest of the general public?

(b) Would the requested information advance the welfare or well-being of the general public?

(c) Will the requester be able to meaningfully disseminate the requested information?

(d) Is the public benefit greater than the individual benefit derived from disclosure?

(e) Is there a specifically identified purpose for which the public records are being sought that is wholly unrelated to 1) commercial purposes or 2) actual or possible use in connection with administrative, judicial, or legal proceedings?

(f) Is the request targeted at a specifically identified matter (meaning, not overly broad or complex)?

(g) Can the agency grant a waiver or reduce fees without causing an unreasonable burden on agency resources?

(h) Is the public interest served by disclosure greater than the burden to the agency (amount of staff time diverted to fulfilling a request and costs of subsidization)?

History

  • Statutory/Other Authority: ORS 192.311 - 192.478, 670.310 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 1-2020, amend filed 10/20/2020, effective 11/23/2020
  • BAE 2-2019, adopt filed 04/10/2019, effective 05/01/2019
Or. Admin. R. 806-010-0115 Construction Document Modification

Modifications to technical submissions for buildings/structures are an integral part of the practice of architecture; and as such, modifications which become part of change orders and/or addenda to alter those documents must bear the stamp and signature, as required, of the registered architect responsible for the modifications.

History

  • Statutory/Other Authority: ORS 670.310, 671.020 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-1998, f. & cert. ef. 6-22-98
  • AE 1-1984, f. & ef. 8-22-84
Or. Admin. R. 806-010-0130 Architect Emeritus, Emerita, or Emerit

(1) The title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" is an inactive status. The individual granted approval by the Board to use the title is not eligible to practice architecture in Oregon and may not use the title of “Architect.”

(2) There are no fees for Architect Emeritus, Emerita, or Emerit status.

(3) Prior to using the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" the individual architect must receive written approval of the Board by:

(a) Submitting a complete Architect Emeritus, Emerita, or Emerit Application form and meeting the following requirements:

(b) Have practiced architecture in a recognized jurisdiction for a minimum of 20 years; and

(c) Have been an Oregon resident during the architect's active architectural practice and held an Oregon certificate of registration as an individual architect for a minimum of 10 consecutive years.

(4) Upon successful completion of all requirements for the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" the individual will be issued a certificate according to OAR 806-010-0040.

(5) In order to be eligible to practice architecture in Oregon, the individual granted the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit" must comply with the reinstatement requirements under OAR 806-010-0060.

(6) The Board reserves the right to review and approve special requests for the title of “Architect Emeritus,” "Architect Emerita," or "Architect Emerit."

(7) If an application is not deemed complete within 12 months of the date of the original application, the applicant must apply again as a new applicant.

History

  • Statutory/Other Authority: ORS 670.310, 671.085 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 2-2023, amend filed 08/21/2023, effective 10/02/2023
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 4-2014, f. & cert. ef. 7-24-14
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1992, f. 1-9-92, cert. ef. 1-10-92
Or. Admin. R. 806-010-0145 Continuing Education

(1) In order to renew or reinstate an architect certificate of registration, the registrant must:

(a) Complete 24 hours of continuing education in health, safety, and welfare (HSW) within the two year registration period prior to renewal or reinstatement.

(b) If the previous registration period was the individual’s initial registration in Oregon, the continuing education will be considered satisfied.

(c) If the continuing education is obtained after the renewal deadline, the late continuing education fee in 806-010-0105 will be required.

(2) A continuing education hour (CEH) is defined as the amount of contact spent in a structured educational program. A program 15 to 29 minutes in length equals 0.25 CEH, a program 30 to 49 minutes in length equals 0.5 CEH, and a program 50 to 60 minutes in length equals 1.0 CEH.

(3) If the registrant completes two or more courses having substantially the same content during the continuing education cycle, the registrant will only receive continuing education credit for one of the courses.

(4) Making false statements or misrepresentations related to continuing education, or failure to comply with continuing education requirements, may result in disciplinary action.

(5) All continuing education must be in architectural health, safety, and welfare (HSW) subjects, which are those technical and professional subjects deemed appropriate to safeguard the public and that are necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment, including but not limited to:

(a) Building Systems: structural, mechanical, electrical, plumbing, communications, security, fire protection.

(b) Construction Contract Administration: contracts, bidding, contract negotiations.

(c) Construction Documents: drawings, specifications, delivery methods.

(d) Design: urban planning, master planning, building design, site design, interiors, safety, and security measures.

(e) Environmental: energy efficiency, sustainability, natural resources, natural hazards, hazardous materials, weatherproofing, insulation.

(f) Legal: laws, codes, zoning, regulations, standards, life safety, accessibility, ethics, insurance to protect owners and public.

(g) Materials and Methods: construction systems, products, finishes, furnishings, equipment.

(h) Occupant Comfort: air quality, lighting, acoustics, ergonomics.

(i) Pre-Design: land use analysis; programming, site selection, site and soils analysis, surveying.

(j) Preservation: historic, reuse, adaptation.

(6) Continuing education may be audited to verify compliance with these requirements. Evidence of compliance must be maintained by the architect for a minimum of two years from the most recent date of registration or registration renewal in Oregon. If selected for audit, the individual architect must provide evidence to substantiate completion of the continuing education requirements. Acceptable evidence of completion is a certificate or transcript that includes the name of the course provider, registrant’s name, course title, completion date, and HSW hours received.

(a) The Board will disallow any claimed continuing education hours submitted without acceptable evidence, and notify the individual architect of its determination. If, after excluding hours disallowed by the Board, the total hours the architect has submitted are insufficient to meet the requirements of this section, the architect must within 30 days from notice of such disallowance either provide acceptable evidence of having completed the continuing education hours or remedy the insufficiency by completing the required number of continuing education hours.

(b) If the architect completes additional continuing education hours to remedy an insufficiency, the architect will be subject to a late continuing education fee as provided in 806-010-0105. Additional continuing education hours completed to remedy an insufficiency may not be applied to satisfy continuing education requirements in a subsequent renewal period.

(c) If, in the Board’s determination, an architect has willfully disregarded the continuing education requirements of this section, or has falsified documentation of completion of required continuing education hours, the architect will be subject to disciplinary action by the Board.

(7) The following activities do not qualify for meeting the continuing education requirements:

(a) Time spent in unstructured programs or self-directed study.

(b) Time spent on architectural educational tours of cities, buildings, or public places, unless there is a significant health, safety, and welfare (HSW) component to the tour curriculum.

(c) Time spent in any teaching program sharing professional skills, such as the Architects in Schools program.

(d) Time spent as a mentor.

(e) Time spent serving on a board or committee.

(8) An individual may be granted, at the discretion of the Board, full or partial exemption from the continuing education requirements if the individual submits acceptable documentation that one of the following exemption criteria has been met:

(a) Honorable active duty military service during the registration period;

(b) Medical hardship, which shall include health (certified by a medical doctor) or other good cause. The individual must provide any information requested by the Board to substantiate the hardship.

[ED. NOTE: Schedules & Forms referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 670.310, 671.080 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 4-2021, amend filed 08/16/2021, effective 10/01/2021
  • BAE 2-2021, amend filed 02/24/2021, effective 04/01/2021
  • BAE 1-2021, amend filed 02/23/2021, effective 04/01/2021
  • BAE 2-2020, temporary amend filed 10/20/2020, effective 10/21/2020 through 03/02/2021
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 2-2014, f. & cert. ef. 4-24-14
  • BAE 3-2012, f. & cert. ef. 8-13-12
  • BAE 1-2010, f. & cert. ef. 4-6-10
  • BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08
  • BAE 7-2006, f. & cert. ef. 12-13-06
  • BAE 5-2004, f. & cert. ef. 5-5-04
  • BAE 1-2003, f. & cert. ef. 1-15-03
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • BAE 3-2002, f. 7-10-02 cert. ef. 7-15-02
  • BAE 3-2001, f. & cert. ef. 10-4-01
  • BAE 2-2000, f. & cert. ef. 7-24-00
  • BAE 1-2000, f. & cert. ef. 2-23-00

Division 20 RULES OF PROFESSIONAL CONDUCT

Or. Admin. R. 806-020-0010 Truthful Statements to the Board

A registered architect or architectural firm shall be truthful in statements or written responses to the Board or its representatives on matters pertaining to professional conduct. The signature of an architect or architectural firm in all matters relating to Professional Conduct certifies to the best of the architect or architectural firm’s knowledge, information, and/or belief that the information furnished is true and that no information has been withheld.

History

  • Statutory/Other Authority: ORS 670.310, 671.090 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 6-2006, f. & cert. ef. 11-9-06
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1983, f. & ef. 1-12-83
Or. Admin. R. 806-020-0020 Responsibility to the Public

(1) The architect or architectural firm shall always recognize the primary obligation is to protect the health, safety, and welfare of the public in the practice of architecture. If, in the architect's or architectural firm’s professional judgment, health, safety, and welfare may be endangered, the employer or client shall be so informed. The architect or architectural firm shall also notify involved building official(s) and the Board.

(2) An architect or architectural firm shall use a written contract when contracting to provide professional services to a client. That written contract is to be executed by the architect or architectural firm and the client, or his or her representative, prior to the architect or architectural firm commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract is to include, but not be limited to, all the following items:

(a) A description of services to be provided by the architect or architectural firm to the client.

(b) A description of any basis of compensation applicable to the contract and method of payment agreed upon by both parties.

(c) The name, address, and registration number of the architect or architectural firm and the name and address of the client.

(3) 806-020-0020(2) shall not apply to any of the following:

(a) Professional services rendered by an architect or architectural firm for which the client will not pay compensation.

(b) If the client knowingly states in writing, after full disclosure of the requirements of this section, that a contract that complies with these requirements is not necessary.

(c) Professional services rendered by an architect or architectural firm to a professional engineer registered to practice engineering.

History

  • Statutory/Other Authority: ORS 670.310, 671.050, 671.090, 671.100 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 6-2005, f. & cert. ef. 12-13-05
  • BAE 7-2001, f. & cert. ef. 10-24-01
  • BAE 1-1999, f. & cert. ef. 3-25-99
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1983, f. & ef. 1-12-83
Or. Admin. R. 806-020-0030 Competence

(1) In practicing architecture or providing architectural services, an architect or architectural firm shall act with reasonable care and competence and shall apply the technical knowledge and skill which is applied by architects and architectural firms of good standing, practicing in the same locality under similar circumstances.

(2) An architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

(3) An architect or architectural firm shall consider all applicable building codes, laws, and regulations. An architect or architectural firm shall not knowingly prepare or sign and stamp technical submissions which are in violation of the codes, laws, or regulations.

History

  • Statutory/Other Authority: ORS 670.310, 671.090, 671.100 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1983, f. & ef. 1-12-83
Or. Admin. R. 806-020-0040 Conflict of Interest

(1) An architect or architectural firm shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

(2) If an architect or architectural firm has any business association or direct or indirect financial interest which is substantial enough to influence personal judgment in connection with performance of professional services, the architect or architectural firm shall fully disclose in writing to the client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the architect or architectural firm shall either terminate such association or interest or offer to give up the commission or employment.

(3) An architect or architectural firm shall not solicit or accept compensation from material or equipment suppliers for specifying or endorsing their products in connection with a project. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education.

History

  • Statutory/Other Authority: ORS 670.310, 671.090, 671.100 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • AE 1-1996, f. 1-23-96, cert. ef. 2-1-96
  • AE 1-1983, f. & ef. 1-12-83
Or. Admin. R. 806-020-0080 Misconduct

Under the provisions of ORS 671.090, 671.220, and 671.990, an architect or architectural firm may be disciplined for misconduct for any of the following:

(1) Signing or stamping technical submissions, reports, or other professional work which was not prepared under the architect’s responsible control.

(2) Offering or accepting gifts, other than gifts of nominal value (e.g., reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client or governmental official in connection with a project in which the individual architect or architectural firm is interested.

(3) Engaging in any conduct involving fraud or deceit which relates to the business or practice of architecture.

(4) Making a material misrepresentation to a prospective or existing client or employer regarding qualifications, capabilities, experience, or scope of responsibility.

(5) Assisting the application for registration of a person by falsely verifying the individual's education, training, or experience.

(6) Making any false statement or giving any false information in connection with an application for registration or for renewal of registration.

(7) Being convicted of any crime under circumstances that relate to the practice of architecture.

(8) Violating any federal or state statute or rule that relates to the practice of architecture.

(9) Practicing architecture while the architect's ability to practice is impaired by alcohol, drugs, or otherwise.

(10) Engaging in false, misleading, or deceptive advertising, which may include, but is not limited to:

(a) Misleading, or attempting to mislead, existing or prospective clients or the public, through advertising or other means, about the results that can be achieved through the use of the registrant's services;

(b) Misleading, or attempting to mislead, existing or prospective clients or the public by suggesting that the registrant can achieve results by means that violate this code or the law;

(c) Failing to truthfully inform the client, employer, or public about personal qualifications, capabilities, or experience; and without exaggerated, misleading, deceptive, or false statements or claims; or

(d) Taking credit for work performed under the direction of a former employer beyond the scope of one's actual personal role and contribution.

(11) Making a substantial misrepresentation in the course of practice.

(12) Obtaining or attempting to obtain monetary or professional gain by fraud or deceit.

(13) Engaging in any conduct that, through professional experience, is not an acceptable standard for architectural practice in Oregon.

(14) Practicing architecture in Oregon while not holding an active Oregon certificate of registration to practice architecture or provide architectural services.

(15) Being the subject of disciplinary action taken by another jurisdiction.

History

  • Statutory/Other Authority: ORS 670.310, 671, 671.090 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • BAE 6-2006, f. & cert. ef. 11-9-06
  • BAE 1-2004, f. & cert. ef. 1-28-04
  • BAE 4-2002, f. & cert. ef. 8-7-02
  • AE 1-1983, f. & ef. 1-12-83
Or. Admin. R. 806-020-0085 Incompetency

Under the provisions of ORS 671.090, an architect is incompetent in the practice of architecture if the architect has:

(1) Been adjudicated mentally incompetent by a court;

(2) Engaged in conduct which evidenced a lack of ability or fitness to discharge the duty and responsibility owed by the individual architect or architectural firm to a client or to the general public; or

(3) Engaged in conduct which evidenced a lack of knowledge of, or an inability to apply, the principles or skills of the architectural profession.

History

  • Statutory/Other Authority: ORS 670.310, 671, 671.090 & 671.125
  • Statutes/Other Implemented: ORS 671.010 – 671.220
  • BAE 3-2023, amend filed 10/10/2023, effective 01/02/2024
  • BAE 2-2019, amend filed 04/10/2019, effective 05/01/2019
  • AE 1-1983, f. & ef. 1-12-83

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