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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2018

Authenticated PDF Version

24 DE Admin. Code 300
The Delaware Board of Architects pursuant to 24 Del.C. §306(a)(1), proposed to revise its regulations. The proposed amendments to the regulations seek to clarify the education requirements for applicants; change the name of the NCARB training program from Intern Development Program to Architectural Experience Program; clarify that the continuing education requirements apply to calendar years; and allow licensees to seek pre-approval of continuing education units.
Following publication in the Delaware Register of Regulations on July 1, 2018 a public hearing was held on September 5, 2018. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. At the hearing, the Board accepted as evidence and marked as the Board's Exhibits 1 and 2 documentation of publication of the notice of the public hearing in the News Journal and the Delaware State News.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal;
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News;
3. Pursuant to 24 Del.C. §306(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
IT IS SO ORDERED this 3rd day of October, 2018 by the Delaware Board of Architects.
Purpose: Regulations of the Delaware Board of Architects are set forth for the purpose of clarifying and implementing 24 Del.C. Ch. 3 which establishes the Board and confers upon it responsibility for registration of architects and the regulation of the practice of architecture.
Terms Defined by Statute: Terms defined in 24 Del.C. Ch. 3 shall have the same meanings when used in these regulations, except where the context clearly indicates a different meaning.
AIA” means the American Institute of Architects
Administration of Construction Contracts” Shall comprise at least the following services: (i) visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued; (ii) processing shop drawings, samples, and other submittals required of the contractor by the terms of the construction contract documents; and (iii) notifying an owner and the appropriate building official of any code violations, changes that affect code compliance, the use of any materials, assemblies, components, or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions that he or she identifies as constituting a hazard to the public, that he or she observes in the course of performing his or her duties.
Architect” means any person who is authorized to practice architecture as defined in Title 24, Chapter 3 and who holds a current Certificate of Registration.
Architect Emeritus means an honorific title granted to a previously licensed Delaware Architect who has retired from active architecture practice.
A.R.E” means the current Architect Registration Examination, prepared by NCARB.
CACB” means the Canadian Architectural Certification Board.
Continuing Education (CE) means post-licensure learning 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.
Continuing Education Hour (CEH) or Continuing Education Unit (CEU) means one continuous instructional hour (50 to 60 minutes of contact) spent in Structured Educational Activities intended to increase or update the architect’s knowledge and competence in Health, Safety, and Welfare Subjects. If the provider of the Structured Educational Activities prescribes a customary time for completion of such an Activity, then such prescribed time shall, unless the Board finds the prescribed time to be unreasonable, be accepted as the architect’s time for Continuing Education Hour purposes irrespective of actual time spent on the activity.
Direct Supervision” means that degree of supervision by a person overseeing the work of another, whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. Direct supervision shall mean that the supervisor and the individual being supervised perform their work in the same office where personal contact is routine.
Division” means the Division of Professional Regulation, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, Delaware 19904.
EESA” means the Educational Evaluation Services for Architects. A provider of architectural education evaluation services administered by NAAB.
Examination” means the current Architect Registration Examination (A.R.E.), of NCARB.
Health, Safety, and Welfare Subjects means 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 building environment.
Intern” means any individual in the process of satisfying the Board's training requirements. This includes graduates from recognized architectural programs, architectural students who acquire acceptable training prior to graduation and other qualified individuals identified by the Board.
“Other Official” means a vice president, treasurer, secretary or board officer, but shall not mean a subcommittee chairperson, subcommittee member or general member.
Principal” means an individual who is a registered architect and in charge of an organization's architectural practice, either alone or with other registered architects.
Responsible Control means that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architect applying the required professional standard of care, including but not limited to an architect’s integration of information from manufacturers, suppliers, installers, the architect’s consultants, owners, contractors, or other sources the architect reasonable trusts that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction, of 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 professional knowledge of the content of such submissions throughout their preparation.
Safety” as it pertains to the practice of architecture means design characteristics of a building or its surrounding site relating to, but not limited to, compliance with occupancy classification requirements; compliance with construction classification requirements; means of egress; fire-rated construction assemblies; compliance with interior finish requirements; fire detection, alarm and suppression systems; and compliance with environmental health regulations and smoke control systems, compliance with the minimum requirements for heating and cooling; natural and artificial illumination; natural and artificial ventilation; physical hygiene; and accessibility from environmental barriers.
Structured Educational Activities means educational activities in which at least 75 percent of an activity’s content and instructional time must be devoted to Health, Safety, and Welfare Subjects related to the practice of architecture, including course of study or other activities under the areas identified as Health, Safety and Welfare Subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.
Technical Submissions means designs, drawings, specifications, studies and other technical documents prepared in the course of practicing architecture. All technical submissions shall be identified by date and by the name and address of the registered architect or the registered architect’s firm.
2.2.1 Only architects shall engage in the practice of architecture as defined in 24 Del.C. Ch. 3. The practice of architecture means the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts.
2.2.3.4 Pursuant to 24 Del.C. §303(b)(11) and (12), every person not registered as an architect in Delaware, but meeting the requirements for reciprocal registration defined herein, and intending to offer architectural services in Delaware or participate in an architectural design competition in Delaware shall submit notice of such intent to the Board using the appropriate form appended to these regulations.
4.1.2 Training – meet the Training Requirements set forth in the NCARB Intern Development Architectural Experience Program Guidelines (IDP) (AXP). Check NCARB’s website, www.ncarb.org for updates and the most current information regarding the IDP AXP.
4.1.2.2 The IDP AXP, which is administered by NCARB, will be initiated by completing an application for NCARB/IDP Council Record and submitting required application fees. This application may be obtained from NCARB, 1801 K Street NW, Suite 1100, Washington, D.C. 20006-1310 or www.ncarb.org. Preparation of all components of the IDP AXP record for references, transcripts, training, etc., will be done in accordance with current NCARB standards. The NCARB Council Record will be accepted as verification of education and training requirements for initial registration.
4.1.4 Have complied with all regulations of the Board and 24 Del.C. Ch. 3.
5.1 Persons seeking licensure pursuant to 24 Del.C. §309, shall submit payment of the fee established by the Division and an application on a form prescribed by the Board, which shall include proof of licensure and good standing in each state or territory of current licensure. Letters of good standing must also be provided for each state or jurisdiction in which the applicant was ever previously licensed.
6.2.1 In addition to all other requirements for registration renewal, an architect must complete a minimum of 24 Continuing Education Hours each renewal period Continuing Education Units (CEUs) in the two calendar (January 1 – December 31) years preceding the license renewal deadline, including a minimum of 8 Continuing Education Hours eight CEUs in each calendar year, or be exempt from these continuing education requirements as provided below. For an architect’s initial registration period, the continuing education requirements shall be pro-rated at one Continuing Education Hour Unit per month of registration, beginning with the first full month following the month of issuance, through the end of the renewal cycle. Up to four CE hours can be carried over into a subsequent calendar year.
6.2.1.1 Continuing Education Hours Units. All Continuing Education Hours Units must be completed in Health, Safety, and Welfare Subjects acquired in Structured Educational Activities. Continuing Education Hours Units may be acquired at any location.
6.2.1.2 Reporting and Record keeping. An architect shall complete and maintain forms as required by the Board certifying that the architect has completed the required Continuing Education Hours Units. Forms may be audited by the Board for verification of compliance with these requirements. Documentation of reported Continuing Education Hours Units shall be maintained by the architect for six years from the date of award.
6.2.2 The following are considered acceptable Continuing Education and do not require pre-approval by the Board:
6.3.1 Random audits shall be performed by the Board. All registrants shall maintain documentation of continuing education, which shall include proof of attendance and verification that the education was an NCARB monograph course or a health, safety, and welfare course approved by the AIA an NCARB monograph course, a health, safety, and welfare course approved by the AIA, or approved by the Board.
6.3.2 Attestation of compliance must be completed.
6.3.3 Attestation of continuing education shall be submitted to the Division of Professional Regulation prior to January 31st of the reporting year. Attestation that the required Continuing Education has been completed in the previous two calendar years shall be submitted to the Division of Professional Regulation prior to the January 31st renewal deadline.
6.4 Hardship Extension: Requests for a hardship extension must be in writing and submitted to the Board prior to the expiration of the licensing period December 31st of the second calendar year of reporting period. The Board may, at its discretion, grant an extension of time within which the Continuing Education requirement must be completed. The period of hardship extension granted shall be determined by the Board.
6.5.1 A registrant that has failed to renew on or before January 31st renewal date may apply to the Board to renew their registration within four (4) months following the renewal date.
6.5.3 A registrant who has failed to complete the Continuing Education requirement of the previous two calendar years by the January 31st renewal date may request, in writing, an extension of time of no more than four (4) months following the January 31st renewal date to satisfy the immediately preceding two (2) year requirement. The request for an extension must be received by the Board in writing prior to the January 31st renewal date.
6.5.4 No continuing education completed during the extension in order to satisfy the requirements of a preceding registration period may be used to satisfy future renewal requirements.
6.96.8 Architect Emeritus
6.9.16.8.1 To qualify for an Architect Emeritus license, the applicant shall:
6.9.1.16.8.1.1 currently be registered as a Delaware Architect; and
6.9.1.26.8.1.2 have been registered as a Delaware Architect for at least the immediate preceding ten years; and
6.9.1.36.8.1.3 not be the subject of a pending disciplinary action related to architectural licensure in this or any other state; and
6.9.1.46.8.1.4 have met all of the annual continuing education requirements of this Board prior to the filing of the application for emeritus status; and
6.9.1.56.8.1.5 have filed an Architect Emeritus application on a form prescribed by the Board along with the required fee; and
6.9.1.66.8.1.6 be at least 65 years old on the date of application for Architect Emeritus status.
6.9.26.8.2 A Delaware Architect Emeritus shall:
6.9.2.16.8.2.1 not engage in the practice of architecture; and
6.9.2.26.8.2.2 not be required to complete the annual continuing education requirements; and
6.9.2.36.8.2.3 use the title “Architect Emeritus” in lieu of the title “Architect.”
6.9.36.8.3 A Delaware Architect Emeritus may re-apply for active status as a registered Delaware Architect provided that the individual has completed 12 continuing education hours Continuing Education Units of the annual continuing education requirement during the calendar year in which the re-application is filed.
7.5.2 An architect may sign and seal technical submissions only if the technical submissions were: (i) prepared by the architect; (ii) prepared by persons under the architect's responsible control; or (iii) prepared by another architect registered in this State 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 (iv) prepared by another architect registered in any United States jurisdiction and holding the certification issued by NCARB if (a) the signing and sealing architect has reviewed the other architect’s work and has integrated the work into his/her own technical submissions and (b) the other architect’s technical submissions are prototypical building documents. 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/her own technical submissions. "Responsible control" shall be that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architects applying the required professional standard of care, including but 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 trusts that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction of 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. 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 (5) 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 (iii) and (iv) above shall maintain and make available to the Board upon request for at least five (5) 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/her own technical submissions, and that such review and integration met the required professional standard of care.
7.6.1 Pursuant to 24 Del.C. §313, and subject to 6.7 and 7.5, each architect shall procure a seal, which shall contain the name of the architect; his/her registration number and the phrase REGISTERED ARCHITECT--STATE OF DELAWARE. This seal shall comply in all respects, including size and format, with the specimen shown below. The architect shall use his/her legal name on the Certificate of Registration, the seal and the license.
7.6.2 Pursuant to 24 Del.C. §313, all technical submissions which are published and/or are submitted to public authorities for building permits or regulatory approvals shall be sealed by the architect. Each design, each drawing, each set of specifications, all addenda and the cover of all other technical submissions shall be sealed. Other technical submissions include designs and drawings of a preliminary nature which are submitted to any public and/or the reviewing agency. When technical submissions are submitted for any permit, at each place where the seal is imprinted, there shall be an original or electronic signature, date of the signature, and the date of expiration of the architect's Delaware registration all located in close proximity to the seal in a format substantially similar to the following:
7.6.5 Pursuant to 24 Del.C. §303(c)(2), if a registered architect has not been employed to furnish construction contract administration services at the time such registered architect issues such technical submissions, the registered architect shall note on such technical submissions that the registered architect has not been so employed by including the following text, in minimum 12 point type, in close proximity to the seal:
9.1.40 Theft 11 Del.C. §841.
9.1.44 Forgery. 11 Del.C. §861.
9.1.47 Bribery 11 Del.C. §881
9.1.83 Drug paraphernalia; felony. 16 Del.C. §4771 (a) and (b).
Notice is hereby provided, pursuant to 24 Del.C. §303(b)(11), to the Delaware Board of Architects by the undersigned person, that:
Firm Name: ____________________________________
Notice is hereby provided, pursuant to 24 Del.C. §303(b)(12), to the Delaware Board of Architects by the undersigned person, that:
Last Updated: December 31 1969 19:00:00.
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