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Oregon Bulletin

September 1, 2012

Board of Architect Examiners, Chapter 806

Rule Caption: Reinstatement of inactive architect registration.

Adm. Order No.: BAE 2-2012

Filed with Sec. of State: 8-13-2012

Certified to be Effective: 8-13-12

Notice Publication Date: 7-1-2012

Rules Amended: 806-010-0060

Subject: Updates rules governing the reinstatement of inactive architect registrations.

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

806-010-0060

Abandonment and Reinstatement of Practice

(1) Inactive Status. Unless otherwise provided by the Board, a registration becomes inactive at the end of the grace periods, or on the 61st day following the renewal deadline if a registrant fails to meet renewal requirements in statute or rule (including, but not limited to, failure to comply with continuing education requirements or failure to pay renewal fees or penalties). A registrant may request inactive status registration prior to the 61st day following the renewal deadline. The Board may reinstate an inactive or Architect Emeritus registration to active status as provided in this rule. An inactive Oregon registration prohibits an individual from:

(a) practicing architecture in Oregon, as defined by statute and rule; and

(b) using the architect title in Oregon, as defined by statute and rule.

(2) Inactive for Five Years or less. An individual whose registration has been inactive in Oregon five years or less may be reinstated to active status by:

(a) Filing a current application for reinstatement;

(b) Demonstrating current professional proficiency, as outlined under subsection (6) of this rule; and

(c) Paying the reinstatement fee.

(3) Inactive Over Five Years: An individual who has not held an active registration in any Board approved jurisdiction for a period of longer than five years must comply with the requirements in subsection (2) of this rule and:

(a) Must pass the Jurisprudence Examination (JE). The JE will be administered in a manner approved by the Board. A score of 84% is the minimum passing score. Individuals will be notified of their test results. Test results may not be challenged. Individuals who do not pass the JE may not retest for at least 30 days.

(b) May be required to attend an oral interview with the Board. Individuals will be notified of the time and location of the oral interview after they have successfully passed the JE.

(4) Board Discretion: Regardless of the length of inactive registration, in addition to the requirements listed in subsection (2) above, the Board may require the additional items in subsection (3) and (5) if the individual has:

(a) Any legal history since their last Oregon renewal;

(b) Failed the JE more than three times.

(5) The following may be required as stated in subsection (4):

(a) Providing verification of meeting National Council of Architect Registration Board (NCARB) seismic requirements, or the equivalent, as determined by this Board; and

(b) Providing the Board with a current NCARB Council Record.

(c) Meeting current professional proficiency, as defined under subsection (6)(a) and (6)(b) of this rule.

(6) Current Professional Proficiency. For purposes of this rule, current professional proficiency may be established by:

(a) Submitting to the Board verifiable evidence of compliance with the aggregate continuing education hours (CEH) requirements for the reporting periods that the certificate was inactive in Oregon, or

(b) Satisfying the requirements of OAR 806-010-0020 or 806-010-0035.

Stat. Auth.: ORS 671.125
Stats. Implemented: ORS 671.080
Hist.: AE 5, f. 12-22-64; AE 2-1978, f. & ef. 3-6-78; AE 1-1979, f. 5-31-79, ef. 6-1-79; AE 2-1980, f. & ef. 10-3-80; AE 1-1987, f. & ef. 3-30-87; 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 4-2002, f. & cert. ef. 8-7-02; BAE 2-2004, f. & cert. ef. 3-2-04; BAE 7-2006.f. & cert. ef. 12-13-06; BAE 1-2010, f. & cert. ef. 4-6-10; BAE 2-2010, f. 6-11-10, cert. ef. 10-3-10; BAE 2-2012, f. & cert. ef. 8-13-12


 

Rule Caption: Architect Continuing Education Rules.

Adm. Order No.: BAE 3-2012

Filed with Sec. of State: 8-13-2012

Certified to be Effective: 8-13-12

Notice Publication Date: 7-1-2012

Rules Amended: 806-010-0090, 806-010-0105, 806-010-0145

Subject: Updates rules governing the requirements for continuing education for architects. Aligns Oregon requirements with national standards and practices and helps facilitate reciprocal licensing.

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

806-010-0090

Renewal of Architect Registration

(1) The renewal deadline for architect registration certificates is July 1st. Architect registration certificates issued by this Board ending in even numbers expire at the end of the established grace periods in ORS 671.080, on August 30th of even-numbered years. Certificates ending in odd-numbers expire on August 30th of odd-numbered years. To renew, registrants must:

(a) Submit a current Board renewal form, fully completed and received in the Board office on or before July 1st of the year in which the license expires;

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

(c) Provide any required evidence that the requirements for continuing education in OAR 806-010-0145 have been met.

(2) Registrants who fail to renew their registrations on or before July 1st of the year in which the registration expires will be considered to be delinquent. A delinquent registration may be renewed during the established grace periods by the Board’s receipt of a complete renewal, as follows:

(a) Not later than July 31st of the year in which the registration expires, including payment of the renewal fee and any applicable late CEH reporting fee; or

(b) After July 31st, but before August 30th of the year in which the registration expires, including payment of the renewal fee, the late renewal fee, and any applicable late CEH reporting fee.

(3) On August 30th following the renewal deadline, the certificate of the architect who fails to pay the renewal fee, any applicable late renewal or late CEH reporting fees, or fails to provide a complete renewal application form to the Board office shall become inactive in Oregon. Reinstatement to active status must be in accordance with the provisions of OAR 806-010-0060.

Stat. Auth.: ORS 670 & 671.125
Stats. Implemented: ORS 671.080
Hist.: AE 18(Temp), f. 10-4-77; AE 21, f. & ef. 12-20-77; AE 1-1979, f. 5-31-79, ef. 6-1-79; AE 3-1992, f. & cert. ef. 6-30-92; BAE 4-2002, f. & cert. ef. 8-7-02; BAE 1-2003, f. & cert. ef. 1-15-03; BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08; BAE 3-2012, f. & cert. ef. 8-13-12

806-010-0105

Schedule of Actual Fees

(1) Initial Registration:

(a) One year or less — $75;

(b) More than one year to two years — $150;

(2) Renewal — $200;

(a) Late Renewal — $100;

(b) Late CEH — $100;

(3) Examination Application Fee — $75;

(4) Reciprocal Application Fee — $100;

(5) Duplicate Wallet Card or Certificate — $25;

(6) Firm Registration — $100;

(7) Firm Renewal — $100;

(8) Reinstatement — $400;

(9) Miscellaneous:

(a) Labels, lists, or computer disk of licensees — $50;

(b) Copying charges:

(A) The first 5 pages — free;

(B) Additional pages — $0.25 per page.

Stat. Auth.: ORS 671.125
Stats. Implemented: ORS 671.085
Hist.: AE 3-1983, f. 1-12-83, ef. 3-1-83; AE 2-1984, f. & ef. 10-23-84; AE 1-1986, f. 11-12-86, ef. 11-13-86; AE 1-1988, f. & cert. ef. 3-14-88; AE 2-1988, f. & cert. ef. 9-9-88; AE 4-1992, f. & cert. ef. 9-2-92; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96; AE 2-1997, f. & cert. ef. 9-24-97; BAE 2-1998, f. & cert. ef. 6-22-98; BAE 5-2001, f. & cert. ef. 10-24-01; BAE 2-2002, f. & cert. ef. 4-30-02; BAE 4-2002, f. & cert. ef. 8-7-02; BAE 1-2003, f. & cert. ef. 1-15-03; BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08; BAE 3-2010, f. & cert. ef. 12-14-10; BAE 3-2011, f. & cert. ef. 7-22-11; BAE 3-2012, f. & cert. ef. 8-13-12

806-010-0145

Continuing Education

(1) Required to Practice:

(a) In order to continue to practice architecture in Oregon, every person holding an active certificate of registration with this Board must meet continuing education requirements as part of the renewal process outlined in OAR 806-010-0090.

(b) Failure to comply with all continuing education requirements will result in additional fees, non-renewal of the architect’s registration, or other disciplinary action.

(c) A Continuing Education Hour (CEH) is 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 CEH purposes irrespective of actual time spent on the activity.

(2) Purpose and Scope: These rules establish CEH requirements to ensure that all architects remain informed of those technical subjects necessary to safeguard the health, safety, and welfare of the public. These rules apply to all architects in Oregon.

(3) Requirements:

(a) To renew or reinstate registration, in addition to other requirements, an architect must have acquired the minimum CEH during each two-year renewal cycle since the architect’s last renewal, or be exempt from these CEH requirements.

(b) Within a two-year renewal cycle, a minimum of 24 CEH must be acquired in subjects that relate to safeguarding the health, safety, and welfare of the public.

(c) Health, Safety and Welfare subjects 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 the following enumerated areas:

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

(I) Preservation: historic, reuse, adaptation;

(4) Initial Registration and Reissued Certificates: An individual who receives an initial or reissued certificate to practice architecture in Oregon will comply with the CEH requirements on a pro-rated basis, calculated at one CEH per month, beginning with the first full month following the month of issuance or reissuance, through the end of the renewal cycle.

(5) Reporting and Record Keeping:

(a) An architect must complete and submit forms approved by the board certifying to the architect’s having acquired the required CEH;

(b) An architect’s submission may be selected for review by the board for verification of compliance with these requirements. Evidence of compliance must be maintained by the architect for four years from the date of completion of the CEH. If selected for CEH review by the Board, the architect must provide such evidence to verify attendance at reported CEH activities;

(c) If the board provides written notice that an architect has not met the CEH requirements, the architect shall have 60 days from such notice to complete the required number of CEH and pay the late CEH fee. Such CEH may not be used to meet the requirements of any subsequent renewal. Failure to pay the fee or complete required CEH shall subject the architect to disciplinary action.

(d) Acceptable CEH activities must be reported in a minimum of one-hour segments.

(e) Time spent on the same continuing education course, even if obtained on different dates, may be used only once during any renewal period to meet CEH requirements.

(f) CEH must be acquired during the two year renewal cycle.

(g) Any false statements or misrepresentations with respect to course attendance or any other aspect of continuing educational activity shall subject the architect to license revocation or other disciplinary action.

(h) CEH may be reported on a current Board renewal form or by submitting a transcript from the American Institute of Architects, Continuing Education Program, that document CEH earned by the architect during the two year renewal cycle.

(6) Activities: All CEH are required to be in structured activities in which at least 75% of an activity’s content and instructional time must be devoted to health, safety, and welfare subjects related to the practice of architecture, including courses of study or other activities under the areas identified as health, safety, and welfare, as defined under OAR 806-010-0145(3), and provided by qualified individuals or organizations whether delivered by direct contact or distance learning methods.

(7) Activities Not Allowed: All architects are required to obtain continuing education in subjects that relate to the health, safety, and welfare of the public. The following continuing education activities do not qualify for meeting CEH 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 HSW component to the tour curriculum.

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

(d) Time spent as a mentor for a person enrolled in the IDP program.

(8) Exemptions: An architect may be exempt from Oregon’s CEH requirements if the architect submits acceptable documentation that for not less than 18 months of the current renewal cycle the architect has met one of the following exemption criteria:

(a) Has served honorably on active duty in the military service;

(b) Individual hardship, which shall include health (certified by a medical doctor) or other good cause. The architect must provide any information requested by the Board to assist in substantiating hardship cases. Individual hardship exemption is granted at the sole discretion of the Board.

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

Stat. Auth.: ORS 671.125
Stats. Implemented: ORS 671.125 & 671.080
Hist.: BAE 1-2000, f. & cert. ef. 2-23-00; BAE 2-2000, f. & cert. ef. 7-24-00; BAE 3-2001, f. & cert. ef. 10-4-01; BAE 3-2002, f. 7-10-02 cert. ef. 7-15-02; BAE 4-2002, f. & cert. ef. 8-7-02; BAE 1-2003, f. & cert. ef. 1-15-03; BAE 5-2004, f. & cert. ef. 5-5-04; BAE 7-2006, f. & cert. ef. 12-13-06; BAE 2-2008, f. 3-7-08, cert. ef. 7-1-08; BAE 1-2010, f. & cert. ef. 4-6-10; BAE 3-2012, f. & cert. ef. 8-13-12

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.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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