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Oregon Bulletin

February 1, 2012

 

Board of Architect Examiners
Chapter 806

Rule Caption: Adds digital stamps and signatures to architect document stamping methods authorized by the Board.

Adm. Order No.: BAE 1-2012

Filed with Sec. of State: 1-4-2012

Certified to be Effective: 1-4-12

Notice Publication Date: 11-1-2011

Rules Amended: 806-010-0045

Subject: The revisions of 806-010-0045 will allow for the use of digital stamps and signatures by architects when submitting construction documents to building departments. This rule change is necessary to facilitate the increasing use of electronic means to create, use and submit building construction documents.

Rules Coordinator: Jim Denno—(503) 763-0662

806-010-0045

Stamps and Signatures

(1) Every registered architect must have a stamp bearing the name of the registrant, only, together with the city and state in which the architect’s principal office is located. The stamp may, but need not, include the architect’s license number issued by the Oregon Board. A facsimile of the design and the lettering of the stamp appears herewith: [Image not included. See. ED. NOTE.]

(2)(a) The stamp authorized by the Board must be one of crimp type, rubber stamp type, or computer generated type.

(b) Computer generated type allows for the arrangement, organization, configuration, structure, style or method of delivery of the information contained in the stamp, but does not mean altering the substance of information or the addition, omission or misuse of information.

(3) The stamp with the registrant’s manual or digital signature must appear on the original title page of specifications and on every sheet of the drawings intended for permit and construction, whether or not the project is exempt under ORS 671.030, and must be the stamp of a registered, legally responsible member or employee of the firm. The originals may be reproduced for permit and construction purposes.

(a) A manual signature is the handwritten name of the registrant applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document, and provides for accountability for the contents of the document.

(b) A digital signature is an electronic document with a digital authentication process attached. Such a digital signature will carry the same weight, authority, and effects as a manual signature. The digital signature, which can be generated by using either a public key infrastructure or signature dynamics technology, must include the phrase “digital signature” in place of the handwritten signature or in conjunction with a graphic reproduction of the signature and be as follows:

(A) Unique to the person using it; and

(B) Capable of verification; and

(C) Under the sole control of the person using it; and

(D) Linked to a document in such a manner that provides significant security, authentication, and/or encryption; such as when the electronic signature is invalidated if any data in the document is changed.

(4) An architect may not stamp and sign, or countersign, or allow his or her stamp to be affixed to any architectural plans, drawings, documents, specifications or reports not prepared by him or her or under his or her direct control and supervision.

(5) “Direct control and supervision” as used in ORS 671.020(5) and 671.090(6) shall be considered to mean that the documents bearing the architect’s stamp and signature were prepared under the responsible direction of the architect, that the architect has exercised directing, guiding and restraining power over the preparation of the documents and that the architect has exercised his or her professional judgment in all architectural matters embodied within the documents. This rule is not intended to preclude the use of current technology or the use of standard details and product specifications in accomplishing the above objectives.

(a) Reviewing, or reviewing and editing, specifications and documents intended for permit and construction after they have been prepared by others does not constitute the exercise of responsible control and supervision because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.

(b) Any 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, will maintain and make available to the Board, upon request, adequate records to demonstrate the nature and extent of the architect’s control over, and detailed knowledge of, such technical submissions throughout their preparation.

(6) Notwithstanding other sections of this rule, a successor registered architect may complete a deceased or disabled architect’s drawings and specifications 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 successor architect must use his or her own title block, stamp, and signature, and must remove the title block, stamp, and signature of the deceased or disabled architect.

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

Stat. Auth.: ORS 671.125

Stats. Implemented: ORS 671.020

Hist.: AE 5, f. 12-22-64; AE 11, f. 2-15-74, ef. 3-11-74; AE 2-1978, f. & ef. 3-6-78; AE 1-1979, f. 5-31-79, ef. 6-1-79; AE 3-1979, f. & ef. 11-29-79; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96; AE 2-1997, f. & cert. ef. 9-24-97; BAE 1-1999, f. & cert. ef. 3-25-99; BAE 3-2000, f. & cert. ef. 7-24-00; BAE 4-2004, f. & cert. ef. 5-5-04; BAE 1-2012, f. & cert. e.f 1-4-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

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