Rules and Regulations for the Board of Examination and Regulations of Architects

Regulation Authority:

RIGL Section 5-1-5

Purpose and Reason:

The Department of Business Regulation (the “Department”) hereby adopts the proposed amendments to the Rules and Regulations for the Board of Examination and Registration of Architects (the “Board”) and makes this statement in accordance with RI General Laws §42-35-2.3. The purpose of the Proposed Amendments of the Rules and Regulations is to specify that the Board (the “Board”) is now a part of a DBR Division named the Division of Design Professionals, to clarify the Board operation in accordance with the National Council of Architectural Registration Boards (NCARB), to clarify the requirements for inter-jurisdictional practice, to establish Disciplinary Guidelines and to increase the individual architect’s registration biennial renewal fee. JURISDICTION AND AUTHORITY RI General Laws §5-1-3(a) establishes a Board of Examination and Registration of Architects, composed of five (5) architects who have authority pursuant to RI General Laws §5-1-5(a) to establish any rules and regulations for the conduct of its own proceedings that it deems appropriate and (b) to establish suitable rules and regulations for the examination and registration of architects and also governing the practice of the profession of architecture and shall not include any prohibition of employment of the registered architect as he or she chooses. There is a difference between the text of the Proposed Rules and Regulations as published in accordance with RI General Laws §42-35-3 and the Post-hearing Rules and Regulations as adopted. There was an inadvertent typographical error made on Page 37, Rule 10, Line 5, Word Seven – “underlining” was changed to “underlying.” The Table of Contents has also been changed to reflect repagination. In addition, the numbering under Rule 11 was changed from 10.1, 10.2 and 10.3 to 11.1, 11.2 and 11.3, since the Rule was changed from Rule 10 to Rule 11. BOARD RECOMMENDATIONS The Department conducted a Public Hearing on June 8, 2009. Attached to this Concise Explanatory Statement are the adopted Rules and Regulations, with the changes described above, between the text of the Proposed Rules and Regulations and the Post-hearing Rules and Regulations, as adopted. There were two (2) written submissions received from the May 8, 2009 posting and the June 8, 2009 notice date, through the Post-hearing closing date of June 11, 2009. At the June 8, 2009 hearing, (i) Mr. Greg Spiess, AIA LEED AP, President of the American Institute of Architects/Rhode Island Chapter (AIA/ri), was present to inquire, on behalf of AIA/ri, how the operation of the Board would change since it is now under the Department of Business Regulation (DBR) After a thorough explanation, Mr. Spiess was satisfied and will report back to the members of the AIA/ri. (ii) An email from Daniel A. Taylor, DLA Piper LLP (US), Legal Counsel for the National Council of Architectural Registration Boards (NCARB), was received commenting on four (4) items: participating in the NCARB Direct Registration program; approval of reciprocal applications by Board staff instead of the Board; language concerning the “Rolling Clock” and language of the waiting period before an ARE® candidate can retake a previously failed division of the ARE®. The Board responded to Mr. Taylor that as to the NCARB Direct Registration program, the Board began participating in the program on March 1, 2009. The Board then considered Mr. Taylor’s remaining comments and decided that as to the approval of reciprocal applications by Board staff instead of the Board, the Board does want to continue reviewing and approving the reciprocal applications and not Board staff; as to the language concerning the “Rolling Clock” and the waiting period before an ARE® candidate can retake a previously failed division of the ARE®, the Board decided to consider those changes during the next review of the Rules and Regulations. The Board concurred with the recommendation of the Hearing Officer that the Proposed Rules and Regulations be forwarded to the Department Director for his approval. The actions and information required by this Regulation are hereby declared to be necessary and appropriate to the public interest. Accordingly, I hereby approve the adoption of the Amended Rules and Regulations. __________________________________ A. Michael Marques Director Department of Business Regulation