Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §1.72
The Texas Board of Architectural Examiners proposes a new
rule, §1.72 concerning continuing education program requirements.
The new section sets forth the minimum continuing education program hours
that a registered architect must attain in order to renew his or her registration
annually. It sets forth the types of activities that may qualify to fulfill
continuing education program requirements and gives the Board final authority
for determining whether to award or deny credits claimed by a registrant.
It sets forth the conditions under which a registrant may be exempt from the
continuing education requirements. The section also sets forth the procedures
by which the registrant may attest to the fulfillment of the mandatory continuing
education program requirements. It provides for disciplinary action by the
Board for failure to fulfill the annual continuing education program requirements
or for reporting false information regarding continuing education activities.
Cathy L. Hendricks, Executive Director, does not foresee any measurable
fiscal impact on units of state and local government for each year of the
first five years the section as proposed is in effect.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that architects will
be better qualified to practice their profession in a manner that minimizes
risk to life, health, property, and the public welfare.
The new section, as proposed, is not expected to have a measurable impact
on small business other than the impact of individual employees, business
owners, etc. having to comply with the continuing education requirements.
The economic cost to persons who are required to comply with the section
will be that individuals will have to pay costs related to participation in
continuing education activities which could include enrollment fees, travel,
meals, lost work time, etc. Actual costs will vary significantly depending
upon each individual's choices.
The effects on persons who are required to comply with the section will
be that individuals will be required to spend time completing activities sufficient
to satisfy annual requirements and bear the costs of such activities. Such
individuals' knowledge, skills, and professional qualifications will be enhanced
by continuing education activities.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 2(e) of Article
249a, Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
This proposed rule does not affect any other statutes.
§1.72.Continuing Education Program Requirements.
(a)
Each registrant shall complete a minimum of eight (8) continuing
education program hours (CEPH) during each annual registration period. One
CEPH shall represent a minimum of 50 minutes of actual course time. No credit
shall be granted for introductory remarks, meals, breaks, or business/administration
matters related to courses of study.
(1)
Registrants shall complete a minimum of five (5) CEPH in
structured course study. Structured course study shall consist of participation
in educational activities presented by individuals or groups qualified by
professional, practical, or academic experience to conduct courses of study.
(2)
Registrants may complete a maximum of three (3) CEPH
in self-directed study. One (1) CEPH shall represent one (1) hour of self-directed
study.
(b)
Topics for the eight (8) CEPH shall satisfy the following
requirements: All CEPH shall include the study of relevant technical and professional
architectural subjects pertinent to health, safety and welfare. The study
of topics related to barrier-free design must be used to satisfy the requirements
for at least one (1) of the eight (8) CEPH.
(c)
The Board has final authority to determine whether to award
or deny credit claimed by a registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
architectural subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops
on architectural subjects which are held in conjunction with conventions or
seminars and are related to materials use and function;
(3)
Attendance at courses or seminars related to ethical
business practices or new technology and offered by colleges, universities,
professional organizations or system suppliers;
(4)
Three (3) CEPH may be claimed per class hour spent
teaching architectural courses or seminars; college or university faculty
may not claim credit for teaching regular curriculum courses;
(5)
Hours spent in professional service to the general
public which draws upon the registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in architectural research which is published
or formally presented to the profession or public during the annual registration
period;
(7)
Hours spent in architectural self-study courses such
as those organized or sponsored by the American Institute of Architects, the
National Council of Architectural Registration Boards, or similar organizations;
(8)
College or university credit courses dealing with
architectural subjects or ethical business practices; each semester credit
hour shall equal fifteen (15) continuing education hours; each quarter credit
hour shall equal ten (10) continuing education hours;
(9)
Hours spent in educational tours of architecturally
significant buildings where the tour is sponsored by a college, university
or professional organization;
(10)
Attendance at full-day meetings of the Texas Board
of Architectural Examiners; the number of CEPH awarded for attendance at each
full-day meeting shall be determined according to the duration of the meeting
(one meeting hour shall equal one CEPH); a registrant must attend the entire
meeting in order to receive credit.
(d)
A registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A registrant who is a first-time new registrant by examination
or first-time registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in emeritus status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A registrant who is not a full-time member of the
Armed Forces shall be exempt for any registration period during which the
registrant serves on active duty in the Armed Forces of the United States
for a period of time exceeding ninety (90) consecutive days; or
(5)
A registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has either a mandatory or voluntary
continuing education program shall be exempt for any registration period during
which the registrant satisfies such other jurisdiction's continuing education
program requirements, provided that such other jurisdiction awards continuing
education credit to its registrants who complete the Texas continuing education
program requirements.
(e)
When renewing his/her annual registration, each registrant
shall sign the statement on the renewal form attesting to the registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight (8) CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the registrant's continuing education
activities shall be recorded at least annually on a form provided by the Board.
Registrants shall retain proof of fulfillment of the mandatory continuing
education program requirements for a period of three years after the end of
the registration period for which credit is claimed.
(2)
At any time, a registrant may be required to produce
documentation to prove that the registrant has complied with the mandatory
continuing education program requirements. If acceptable documentation is
not provided upon request, claimed credit may be disallowed. The registrant
shall have 180 calendar days after notification of disallowance of credit
to substantiate the original claim or earn other CEPH credit to fulfill the
minimum requirements. Such credit shall not be used again for another registration
period.
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any registrant who is found to have reported false information
regarding the registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002360
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §1.101
The Texas Board of Architectural Examiners proposes a new
rule, §1.101, concerning conditions under which an architect's professional
seal must be used.
This new rule is proposed as a result of the agency's review of Title 22,
Chapter 1, Subchapter F as mandated by Article IX of the General Appropriations
Act. The section requires that every registered architect procure a seal and
use the seal to identify all Construction Documents prepared by the architect
or under the architect's Supervision and Control for use in Texas; that the
architect must personally authorize use of the seal; and that the architect
is responsible for the security of the seal.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 3 and Section 9
of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§1.101.Seal Required.
Every registered architect shall procure a seal that shall be used
to identify all Construction Documents prepared for use in Texas by the architect
or under the architect's supervision and control. The architect must personally
authorize use of the seal. The architect is responsible for the security of
the seal when not in use.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002361
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §1.102
The Texas Board of Architectural Examiners proposes a new
rule, §1.102 concerning the design requirements for architectural seals.
The new section sets forth that impression and embossing seals are not
permissible and that the design and dimensions of the seal itself must conform
to certain requirements.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that sealing practices will be uniform
throughout the state.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 3 and Section 9
of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§1.102.Type and Design.
(a)
An architect must use a seal that will produce a permanent
facsimile of the seal, such as a rubber stamp, a decal, or a computer generated
type, on any Construction Document that is intended for duplication or dissemination
except an electronic drawing file released pursuant to §1.103 (c). An
architect may not use an impression or embossing seal.
(b)
The design of the seal shall be an exact replica of the
seal shown in this subsection and shall bear the words "Registered Architect,"
"State of Texas," the name of the architect, and the architect's registration
number.
Figure: 22 TAC §1.102(b)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002362
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §1.103
The Texas Board of Architectural Examiners proposes a new
rule, §1.103 concerning requirements for the use of the architect's seal.
The new section requires an architect to affix his or her seal to Construction
Documents and lists the specific types of documents affected by the requirement.
It also specifies the limited circumstances under which an architect may issue
unsealed documents. It prohibits removal of the seal from any document issued
from the architect's office. The section provides a method for sealing electronic
drawing files and issuing them with a certain disclaimer substituted for the
architect's signature. It requires that an architect maintain a sealed, signed,
and dated paper or microform copy of all Construction Documents for a minimum
of 10 years. It sets forth the conditions under which an architect, working
as a third party, may complete, correct, revise, or add to the work of others.
It also eliminates the requirement that architects seal documents sealed by
their consultants but adds a requirement that architects seal documents issued
by their consultants whenever the documents are not sealed by the consultants.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that the opportunities for issuing
electronic documents will be increased so that architects may take better
advantage of technology.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 3 and Section 9
of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§1.103.Required Use.
(a)
Every registered architect shall affix his/her seal, actual
signature (across the face of the seal's image), and date of signature to
all original Construction Documents which are prepared and issued under the
authorship or under the Supervision and Control of the architect for use in
Texas. The architect's seal, signature, and date must be visible on all copies
of original Construction Documents issued for use in Texas. Original Construction
Documents requiring a seal, signature, and date include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists any
sealed Construction Documents, such as a title sheet, table of contents, or
index; and
(4)
Addenda, change orders, and supplemental documents.
Renderings used as presentation documents to communicate conceptual information
only are not required to be sealed, signed, or dated. However, the name and
address of the architect responsible for the preparation of the presentation
documents shall be clearly identified on the documents.
(b)
Drawings and specifications considered incomplete by the
architect may be released for interim review without the architect's seal
or signature affixed, but shall be dated, bear the architect's name and registration
number, and be conspicuously marked to clearly indicate the documents are
for interim review only and may not be used for regulatory approval, permit,
or construction.
(c)
An architect shall seal any document issued for regulatory
approval, permit, or construction which was prepared by a consultant retained
by the architect who does not affix a professional seal to the document. The
architect's seal shall attest to the architect's coordination of the document
with other documents for the project.
(d)
Once documents bearing the architect's seal are issued
from the architect's office, the seal shall not be removed by any person.
(e)
An architect may release electronic drawing files with
the following statement substituted for the architect's signature:
This electronic drawing file is released for regulatory approval, permit,
or construction under the authority of {architect's name, registration number}
on {date}, who maintains the original file. This electronic drawing file may
be used as a background drawing. Pursuant to §1.103(e) of the Rules and
Regulations of the Texas Board of Architectural Examiners, the user of this
electronic drawing file agrees to assume all responsibility for any modification
to or use of this drawing file that is inconsistent with the requirements
of the Rules and Regulations of the Texas Board of Architectural Examiners.
(f)
For every project wherein an architect releases documents
for regulatory approval, permit, or construction, the architect shall maintain
a sealed, signed, and dated paper or microform copy of such documents for
a minimum of 10 years.
(g)
Notwithstanding §1.105, an architect, as a third party,
may complete, correct, revise, or add to the work of others when engaged to
do so by a client as long as all of the following conditions are satisfied:
(1)
the client indicates to the third party architect that
all documentation related to the work that has been submitted to the client
by the first party has been furnished to the third party architect;
(2)
the first party is notified in writing by the third
party architect of the engagement immediately upon acceptance of the engagement;
(3)
the work prepared by the third party architect or
under the third party architect's Supervision and Control shall be sealed
by and be the responsibility of the third party architect; and
(4)
The third party architect may not seal or take responsibility
for the work prepared by the first party which was not prepared under the
third party architect's Supervision and Control.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002363
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §1.104
The Texas Board of Architectural Examiners proposes a new
rule, §1.104 concerning restrictions on the use of the architect's seal.
The new section prohibits an architect from affixing his/her seal to any
document that was not prepared by the architect or under the architect's Supervision
and Control. The section prohibits anyone, except the architect represented,
from using or attempting to use an architect's seal, modifying documents bearing
an architect's seal without first obtaining the expressed written authority
of the architect represented, and clearly indicating on the documents the
extent of the modifications made. The section prohibits the use of signature
reproductions such as rubber stamps or computer generated or other facsimiles
in lieu of actual signatures.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 3 and Section 9
of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§1.104.Prohibitions.
(a)
Notwithstanding §1.105, an architect may not affix
his/her seal to any document unless the document was prepared by the architect
or under the architect's Supervision and Control.
(b)
No person, other than the architect represented, shall
use or attempt to use an architect's seal or shall modify documents bearing
an architect's seal without first obtaining the express written authority
of the architect represented and clearly indicating on the documents the extent
of the modifications made.
(c)
The use of signature reproductions such as rubber stamps
or computer generated or other facsimiles is not permitted in lieu of actual
signatures.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002364
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §1.105
The Texas Board of Architectural Examiners proposes a new
rule, §1.105 concerning the architect's seal.
The new section sets forth the conditions under which an architect may
adapt and seal prototypical Construction Documents prepared by another duly
licensed architect. The section requires that the adapting architect take
certain steps to ensure that the original prototypical design has been prepared
by a qualified professional, that the architect take proper responsibility
for the modified design, and that the architect maintain a copy of the complete
original set of prototypical plans and specifications bearing the original
architect's seal for ten (10) years.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that, subject to
certain safety related constraints, architects will be able to utilize designs
prepared by qualified professionals so that costs to clients might be lessened.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to Section 3 and Section 9
of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§1.105.Prototypical Design.
(a)
An architect may adapt and seal prototypical Construction
Documents prepared by another duly licensed architect only if all of the following
conditions are satisfied:
(1)
The prototypical design is used in multiple locations;
(2)
At the time the original prototypical design was prepared,
the person who prepared the original prototypical design was duly licensed
as an architect in Texas or in another jurisdiction with registration requirements
that are substantially equivalent to registration requirements in Texas;
(3)
The adapting architect notifies the original architect
in writing via certified mail that the adapting architect has been engaged
to adapt the plans and specifications so that the project may be built at
a specific location in Texas;
(4)
The adapting architect thoroughly reviews and makes
appropriate changes to all aspects of the prototypical design to adapt the
prototypical design to the specific site and ensure compliance with all applicable
codes.
(5)
The adapting architect seals all pages of the adapted
prototypical plans in the same manner as described in §1.103(a) of this
subchapter for original Construction Documents; and
(6)
The adapting architect accepts full responsibility
for all Construction Documents on which the adapting architect's seal is placed.
(b)
The adapting architect shall maintain a copy of the complete
original set of prototypical plans and specifications bearing the original
architect's seal for ten (10) years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002365
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §3.72
The Texas Board of Architectural Examiners proposes a new
rule, §3.72 concerning continuing education program requirements.
The new section sets forth the minimum continuing education program hours
that a registered landscape architect must attain in order to renew his or
her registration annually. It sets forth the types of activities that may
qualify to fulfill continuing education program requirements and gives the
Board final authority for determining whether to award or deny credits claimed
by a registrant. It sets forth the conditions under which a registrant may
be exempt from the continuing education requirements. The section also sets
forth the procedures by which the registrant may attest to the fulfillment
of the mandatory continuing education program requirements. It provides for
disciplinary action by the Board for failure to fulfill the annual continuing
education program requirements or for reporting false information regarding
continuing education activities.
Cathy L. Hendricks, Executive Director, does not foresee any measurable
fiscal impact on units of state and local government for each year of the
first five years the section as proposed is in effect.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that landscape architects
will be better qualified to practice their profession in a manner that minimizes
risk to life, health, property, and the public welfare.
The new section, as proposed, is not expected to have a measurable impact
on small business other than the impact of individual employees, business
owners, etc. having to comply with the continuing education requirements.
The economic cost to persons who are required to comply with the section
will be that individuals will have to pay costs related to participation in
continuing education activities which could include enrollment fees, travel,
meals, lost work time, etc. Actual costs will vary significantly depending
upon each individual's choices.
The effects on persons who are required to comply with the section will
be that individuals will be required to spend time completing activities sufficient
to satisfy annual requirements and bear the costs of such activities. Such
individuals' knowledge, skills, and professional qualifications will be enhanced
by continuing education activities.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §2(e) of Article 249a,
Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
This proposed rule affects Article 249c and Article 249e of Vernon's Texas
Civil Statutes.
§3.72. Continuing Education Program Requirements.
(a)
Each registrant shall complete a minimum of eight (8)
continuing education program hours (CEPH) during each annual registration
period. One CEPH shall represent a minimum of 50 minutes of actual course
time. No credit shall be granted for introductory remarks, meals, breaks,
or business/administration matters related to courses of study.
(1)
Registrants shall complete a minimum of five (5) CEPH
in structured course study. Structured course study shall consist of participation
in educational activities presented by individuals or groups qualified by
professional, practical, or academic experience to conduct courses of study.
(2)
Registrants may complete a maximum of three (3) CEPH
in self-directed study. One (1) CEPH shall represent one (1) hour of self-directed
study.
(b)
Topics for the eight (8) CEPH shall satisfy the following
requirements: All CEPH shall include the study of relevant technical and professional
landscape architectural subjects pertinent to health, safety and welfare.
The study of topics related to barrier-free design must be used to satisfy
the requirements for at least one (1) of the eight (8) CEPH.
(c)
The Board has final authority to determine whether to
award or deny credit claimed by a registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
landscape architectural subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops
on landscape architectural subjects which are held in conjunction with conventions
or seminars and are related to materials use and function;
(3)
Attendance at courses or seminars related to ethical
business practices or new technology and offered by colleges, universities,
professional organizations or system suppliers;
(4)
Three (3) continuing education hours may be claimed
per class hour spent teaching landscape architectural courses or seminars;
college or university faculty may not claim credit for teaching regular curriculum
courses;
(5)
Hours spent in professional service to the general
public which draws upon the registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in landscape architectural research which
is published or formally presented to the profession or public during the
annual registration period;
(7)
Hours spent in landscape architectural self-study
courses such as those organized or sponsored by the American Society for Landscape
Architecture, the Council of Landscape Architectural Registration Boards,
or similar organizations;
(8)
College or university credit courses dealing with
landscape architectural subjects or ethical business practices; each semester
credit hour shall equal fifteen (15) continuing education hours; each quarter
credit hour shall equal ten (10) continuing education hours;
(9)
Hours spent in educational tours of significant landscape
architectural projects where the tour is sponsored by a college, university
or professional organization;
(10)
Attendance at full-day meetings of the Texas Board
of Architectural Examiners; the number of CEPH awarded for attendance at each
full-day meeting shall be determined according to the duration of the meeting
(one meeting hour shall equal one CEPH); a registrant must attend the entire
meeting in order to receive credit.
(d)
A registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A registrant who is a first-time new registrant by examination
or first-time registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in emeritus status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A registrant who is not a full-time member of the
Armed Forces shall be exempt for any registration period during which the
registrant serves on active duty in the Armed Forces of the United States
for a period of time exceeding ninety (90) consecutive days; or
(5)
A registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has either a mandatory or voluntary
continuing education program shall be exempt for any registration period during
which the registrant satisfies such other jurisdiction's continuing education
program requirements, provided that such other jurisdiction awards continuing
education credit to its registrants who complete the Texas continuing education
program requirements.
(e)
When renewing his/her annual registration, each registrant
shall sign the statement on the renewal form attesting to the registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight (8) CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the registrant's continuing education
activities shall be recorded at least annually on a form provided by the Board.
Registrants shall retain proof of fulfillment of the mandatory continuing
education program requirements for a period of three years after the end of
the registration period for which credit is claimed.
(2)
At any time, a registrant may be required to produce
documentation to prove that the registrant has complied with the mandatory
continuing education program requirements. If acceptable documentation is
not provided upon request, claimed credit may be disallowed. The registrant
shall have 180 calendar days after notification of disallowance of credit
to substantiate the original claim or earn other CEPH credit to fulfill the
minimum requirements. If the registrant must earn other CEPH credit to fulfill
the minimum requirements, the registrant shall pay an administrative penalty
to the Board. Such credit shall not be used again for another registration
period.
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any registrant who is found to have reported false information
regarding the registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002366
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §3.101
The Texas Board of Architectural Examiners proposes a new
rule, §3.101 concerning conditions under which a landscape architect's
professional seal must be used.
This new rule is proposed as a result of the agency's review of Title 22,
Chapter 3, Subchapter F as mandated by Article IX of the General Appropriations
Act. The section requires that every registered landscape architect procure
a seal and use the seal to identify all Construction Documents prepared by
the landscape architect or under the landscape architect's Supervision and
Control for use in Texas; that the landscape architect must personally authorize
use of the seal; and that the landscape architect is responsible for the security
of the seal.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require landscape architects
to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§3.101. Seal Required .
Every registered landscape architect shall procure a seal that shall
be used to identify all Construction Documents prepared for use in Texas by
the landscape architect or under the landscape architect's Supervision and
Control. The landscape architect must personally authorize use of the seal.
The landscape architect is responsible for the security of the seal when not
in use.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002367
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §3.102
The Texas Board of Architectural Examiners proposes a new
rule, §3.102 concerning the design requirements for landscape architectural
seals.
The new section sets forth that impression and embossing seals are not
permissible and that the design and dimensions of the seal itself must conform
to certain requirements.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that sealing practices will be uniform
throughout the state.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require landscape architects
to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§3.102. Type and Design .
(a)
A landscape architect must use a seal that will produce
a permanent facsimile of the seal, such as a rubber stamp, a decal, or a computer
generated image on any Construction Document that is intended for duplication
or dissemination. A landscape architect may not use an impression or embossing
seal.
(b)
The design of the seal shall be an exact replica of the
seal shown in this subsection and shall bear the words "Registered Landscape
Architect" and "State of Texas" and the name of the landscape architect and
the landscape architect's registration number
Figure: 22 TAC §3.102(b)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002368
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §3.103
The Texas Board of Architectural Examiners proposes a new
rule, §3.103 concerning requirements for the use of the landscape architect's
seal.
The new section requires a landscape architect to affix his or her seal
to Construction Documents and lists the specific types of documents affected
by the requirement. It also specifies the limited circumstances under which
a landscape architect may issue unsealed documents. It prohibits removal of
the seal from any document issued from the landscape architect's office. The
section provides a method for sealing electronic drawing files and issuing
them with a certain disclaimer substituted for the landscape architect's signature.
It requires that a landscape architect maintain a sealed, signed, and dated
paper or microform copy of all Construction Documents for a minimum of 10
years. It sets forth the conditions under which a landscape architect, working
as a third party, may complete, correct, revise, or add to the work of others.
It also eliminates the requirement that landscape architects seal documents
sealed by their consultants but adds a requirement that landscape architects
seal documents issued by their consultants whenever the documents are not
sealed by the consultants.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that the opportunities for issuing
electronic documents will be increased so that landscape architects may take
better advantage of technology.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require landscape architects
to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§3.103. Required Use.
(a)
Every registered landscape architect shall affix his/her
seal, actual signature (under the seal's image), and date of signature to
all original Construction Documents which are prepared and issued under the
authorship or under the Supervision and Control of the landscape architect
for use in Texas. The landscape architect's seal, signature, and the date
must be visible on all copies of original Construction Documents issued for
use in Texas. Original Construction Documents requiring a seal, signature,
and date include the following:
(1)
Each sheet of drawings, including maps, plans, and other
designs;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists
any sealed Construction Documents, such as a title sheet, table of contents,
or index; and
(4)
Addenda, change orders, and supplemental documents.
Renderings used as presentation documents to communicate conceptual information
only are not required to be sealed, signed, or dated. However, the name and
address of the landscape architect responsible for the preparation of presentation
documents shall be clearly identified on the documents.
(b)
Drawings and specifications considered incomplete by the
landscape architect may be released for interim review without the landscape
architect's seal or signature affixed, but shall be dated, bear the landscape
architect's name and registration number, and be conspicuously marked to indicate
the documents are for interim review only and may not be used for regulatory
approval, permit, or construction.
(c)
A landscape architect shall seal any document issued for
regulatory approval, permit, or construction which was prepared by a consultant
retained by the landscape architect who does not affix a professional seal
to the document. The landscape architect's seal shall attest to the landscape
architect's coordination of the document with the other documents for the
project;
(d)
Once documents bearing the landscape architect's seal
are issued from the landscape architect's office, the seal shall not be removed
by any person.
(e)
A landscape architect may release electronic drawing files
with the following statement substituted for the landscape architect's signature:
(f)
For every project wherein a landscape architect releases
documents for regulatory approval, permit, or construction, the landscape
architect shall maintain a sealed, signed, and dated paper or microform copy
of such documents for a minimum of 10 years.
(g)
A landscape architect, as a third party, may complete,
correct, revise, or add to the work of others when engaged to do so by a client
as long as all of the following conditions are satisfied:
(1)
the client indicates to the third party landscape architect
that all documentation related to the work that has been submitted to the
client by the first party has been furnished to the third party landscape
architect;
(2)
the first party is notified in writing by the third
party landscape architect of the engagement immediately upon acceptance of
the engagement;
(3)
the work prepared by the third party landscape architect
or under the third party landscape architect's Supervision and Control shall
be sealed by and be the responsibility of the third party landscape architect;
and
(4)
the third party landscape architect may not seal
or take responsibility for the work prepared by the first party which was
not prepared under the third party landscape architect's Supervision and Control.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002369
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §3.104
The Texas Board of Architectural Examiners proposes a new
rule, §3.104 concerning restrictions on the use of the landscape architect's
seal.
The new section prohibits a landscape architect from affixing his/her seal
to any document that was not prepared by the landscape architect or under
the landscape architect's Supervision and Control. The section prohibits anyone,
except the landscape architect represented, from using or attempting to use
a landscape architect's seal, modifying documents bearing a landscape architect's
seal without first obtaining the expressed written authority of the landscape
architect represented, and clearly indicating on the documents the extent
of the modifications made. The section prohibits the use of signature reproductions
such as rubber stamps or computer generated or other facsimiles in lieu of
actual signatures.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for each year of the first five years the section as proposed
is in effect, there will be no significant fiscal implications as a result
of enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require landscape architects
to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§3.104. Prohibitions.
(a)
A landscape architect may not affix his/her seal to any
document unless the document was prepared by the landscape architect or under
the landscape architect's Supervision and Control.
(b)
No person, other than the landscape architect represented,
shall use or attempt to use a landscape architect's seal or shall modify documents
bearing a landscape architect's seal without first obtaining the express written
authority of the landscape architect represented and clearly indicating on
the documents the extent of the modifications made.
(c)
The use of signature reproductions such as rubber stamps
or computer generated or other facsimiles is not permitted in lieu of actual
signatures.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002370
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §3.105
The Texas Board of Architectural Examiners proposes a new
rule, §3.105 concerning the landscape architect's seal.
This new section requires that a landscape architect provide a written
Statement of Jurisdiction to each and every client for whom the landscape
architect renders landscape architectural services in Texas. It specifies
what the statement of Jurisdiction shall say and recommends where it be placed.
The section sets forth the actions a landscape architect must take if he or
she becomes aware of a course of action taken against the landscape architect's
advice which may violate applicable state or local building laws or regulations
and which is likely in the landscape architect's judgment to have a material
adverse effect on the safe use of the completed project.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the section as proposed is in
effect, there will be no fiscal implications as a result of enforcing or administering
the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates that there will be no additional effect on small
business. There is no anticipated economic cost to persons who are required
to comply with the section as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rule is proposed pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require landscape architects
to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§3.105. Other Professional Responsibilities.
(a)
A landscape architect shall provide a written Statement
of Jurisdiction to each and every client for whom the landscape architect
renders landscape architectural services in Texas.
(1)
The Statement of Jurisdiction shall say, "The Texas Board
of Architectural Examiners has jurisdiction over the complaints regarding
the professional practices of persons registered as landscape architects in
Texas," and shall include the Board's current mailing address, the telephone
number, and agency's website.
(2)
The Board recommends that the Statement of Jurisdiction
be placed on the last page of the written agreement for landscape architectural
services. In the absence of a written agreement, the Statement of Jurisdiction
shall be otherwise presented to each client in writing.
(b)
If, in the course of his/her work on a project, a landscape
architect becomes aware of a course of action taken against the landscape
architect's advice which may violate applicable state or local building laws
or regulations and which is likely in the landscape architect's judgment to
have a material adverse effect on the safe use of the completed project, the
landscape architect shall do the following:
(1)
report the course of action in writing to the owner, to
the local building official(s), and to other responsible parties; and
(2)
refuse to consent to the course of action.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002371
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §5.82
The Texas Board of Architectural Examiners proposes new §5.82
concerning Continuing Education Program Requirements.
The new section sets forth the minimum continuing education program hours
that a registered interior designer must attain in order to renew his or her
registration annually. It sets forth the types of activities that may qualify
to fulfill continuing education program requirements and gives the Board final
authority for determining whether to award or deny credits claimed by a registrant.
It sets forth the conditions under which a registrant may be exempt from the
continuing education requirements. The section also sets forth the procedures
by which the registrant may attest to the fulfillment of the mandatory continuing
education program requirements. It provides for disciplinary action by the
Board for failure to fulfill the annual continuing education program requirements
or for reporting false information regarding continuing education activities.
Cathy L. Hendricks, Executive Director, does not foresee any measurable
fiscal impact on units of state and local government for each year of the
first five years the section as proposed is in effect.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that interior designers
will be better qualified to practice their profession in a manner that minimizes
risk to life, health, property, and the public welfare.
The new section, as proposed, is not expected to have a measurable impact
on small business other than the impact of individual employees, business
owners, etc. having to comply with the continuing education requirements.
The economic cost to persons who are required to comply with the section
will be that individuals will have to pay costs related to participation in
continuing education activities which could include enrollment fees, travel,
meals, lost work time, etc. Actual costs will vary significantly depending
upon each individual's choices.
The effects on persons who are required to comply with the section will
be that individuals will be required to spend time completing activities sufficient
to satisfy annual requirements and bear the costs of such activities. Such
individuals' knowledge, skills, and professional qualifications will be enhanced
by continuing education activities.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas, 78711-2337.
The new rule is proposed pursuant to Section 2(e) of Article
249a, Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
This proposed rule affects Article 249c and Article 249e of Vernon's Texas
Civil Statutes.
§5.82.Continuing Education Program Requirements.
(a)
Each registrant shall complete a minimum of eight continuing
education program hours (CEPH) during each annual registration period. One
CEPH shall represent a minimum of 50 minutes of actual course time. No credit
shall be granted for introductory remarks, meals, breaks, or business/administration
matters related to courses of study.
(1)
Registrants shall complete a minimum of five CEPH in structured
course study. Structured course study shall consist of participation in educational
activities presented by individuals or groups qualified by professional, practical,
or academic experience to conduct courses of study.
(2)
Registrants may complete a maximum of three CEPH in
self-directed study. One CEPH shall represent one hour of self-directed study.
(b)
Topics for the eight CEPH shall satisfy the following requirements:
All CEPH shall include the study of relevant technical and professional interior
design subjects pertinent to health, safety and welfare. The study of topics
related to barrier-free design must be used to satisfy the requirements for
at least one of the eight CEPH.
(c)
The Board has final authority to determine whether to award
or deny credit claimed by a registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
interior design subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops
on interior design subjects which are held in conjunction with conventions
or seminars and are related to materials use and function;
(3)
Attendance at courses or seminars related to ethical
business practices or new technology and offered by colleges, universities,
professional organizations, or system suppliers;
(4)
Three continuing education hours may be claimed per
class hour spent teaching interior design courses or seminars; college or
university faculty may not claim credit for teaching regular curriculum courses;
(5)
Hours spent in professional service to the general
public which draws upon the registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in interior design research which is published
or formally presented to the profession or public during the annual registration
period;
(7)
Hours spent in interior design self-study courses
such as those organized or sponsored by the American Society of Interior Designers,
the International Interior Design Association, the National Council for Interior
Design Qualification, or similar organizations;
(8)
College or university credit courses dealing with
interior design subjects or ethical business practices; each semester credit
hour shall equal 15 continuing education hours; each quarter credit hour shall
equal ten continuing education hours;
(9)
Hours spent in educational tours of significant interior
design projects where the tour is sponsored by a college, university or professional
organization;
(10)
Attendance at full-day meetings of the Texas Board
of Architectural Examiners; the number of CEPH awarded for attendance at each
full-day meeting shall be determined according to the duration of the meeting
(one meeting hour shall equal one CEPH); a registrant must attend the entire
meeting in order to receive credit.
(d)
A registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A registrant who is a first-time new registrant by examination
or first-time registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in emeritus status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A registrant who is not a full-time member of the
Armed Forces shall be exempt for any registration period during which the
registrant serves on active duty in the Armed Forces of the United States
for a period of time exceeding 90 consecutive days; or
(5)
A registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has either a mandatory or voluntary
continuing education program shall be exempt for any registration period during
which the registrant satisfies such other jurisdiction's continuing education
program requirements, provided that such other jurisdiction awards continuing
education credit to its registrants who complete the Texas continuing education
program requirements.
(e)
When renewing his/her annual registration, each registrant
shall sign the statement on the renewal form attesting to the registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the registrant's continuing education
activities shall be recorded at least annually on a form provided by the Board.
Registrants shall retain proof of fulfillment of the mandatory continuing
education program requirements for a period of three years after the end of
the registration period for which credit is claimed.
(2)
At any time, a registrant may be required to produce
documentation to prove that the registrant has complied with the mandatory
continuing education program requirements. If acceptable documentation is
not provided upon request, claimed credit may be disallowed. The registrant
shall have 180 calendar days after notification of disallowance of credit
to substantiate the original claim or earn other CEPH credit to fulfill the
minimum requirements. If the registrant must earn other CEPH credit to fulfill
the minimum requirements, the registrant shall pay an administrative penalty
to the Board. Such credit shall not be used again for another registration
period.
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any registrant who is found to have reported false information
regarding the registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002372
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §5.111
The Texas Board of Architectural Examiners proposes new §5.111
concerning conditions under which an interior designer's professional seal
must be used.
This new rule is proposed as a result of the agency's review of Title 22,
Chapter 5, Subchapter F as mandated by Article IX of the General Appropriations
Act. The section requires that every registered interior designer procure
a seal and use the seal to identify all Construction Documents prepared by
the interior designer or under the interior designer's Supervision and Control
for use in Texas; that the interior designer must personally authorize use
of the seal; and that the interior designer is responsible for the security
of the seal.
Cathy L. Hendricks, Executive Director has determined that for each year
of the first five years the section as proposed is in effect, there will be
no significant fiscal implications as a result of enforcing or administering
the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas, 78711-2337.
The new rule is proposed pursuant to Section 5 and Section 17
of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
interior designers to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§5.111.Seal Required.
Every interior designer shall procure a seal that shall be used to
identify all Construction Documents prepared for use in Texas by the interior
designer or under the interior designer's Supervision and Control. The interior
designer must personally authorize use of the seal. The interior designer
is responsible for the security of the seal when not in use.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002373
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §5.112
The Texas Board of Architectural Examiners proposes new §5.112
concerning the design requirements for interior designer seals.
The new section sets forth that impression and embossing seals are not
permissible and that the design and dimensions of the seal itself must conform
to certain requirements.
Cathy L. Hendricks, Executive Director has determined that for each year
of the first five years the section as proposed is in effect, there will be
no significant fiscal implications as a result of enforcing or administering
the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that sealing practices will be uniform
throughout the state.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas, 78711-2337.
The new rule is proposed pursuant to Section 5 and Section 17
of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
interior designers to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§5.112.Type and Design.
(a)
An interior designer must use a seal that will produce
a permanent facsimile of the seal, such as a rubber stamp, a decal, or a computer
generated image on any Construction Document that is intended for duplication.
An interior designer may not use an impression or embossing seal on documents
intended for duplication or dissemination. The use of preprinted forms or
documents bearing a preprinted facsimile of the seal is prohibited.
(b)
The design of the seal shall be an exact replica of the
seal shown below and shall bear the words "Registered Interior Designer,"
"State of Texas," the name of the interior designer, and the interior designer's
registration number.
Figure: 22 TAC §5.112(b)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002374
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
22 TAC §5.113
The Texas Board of Architectural Examiners proposes new §5.113
concerning requirements for the use of the interior designer's seal.
The new section requires an interior designer to affix his or her seal
to Construction Documents and lists the specific types of documents affected
by the requirement. It also specifies the limited circumstances under which
an interior designer may issue unsealed documents. It prohibits removal of
the seal from any document issued from the interior designer's office. The
section provides a method for sealing electronic drawing files and issuing
them with a certain disclaimer substituted for the interior designer's signature.
It requires that an interior designer maintain a sealed, signed, and dated
paper or microform copy of all Construction Documents for a minimum of 10
years. It sets forth the conditions under which an interior designer, working
as a third party, may complete, correct, revise, or add to the work of others.
It also eliminates the requirement that interior designers seal documents
sealed by their consultants but adds a requirement that interior designers
seal documents issued by their consultants whenever the documents are not
sealed by the consultants.
Cathy L. Hendricks, Executive Director has determined that for each year
of the first five years the section as proposed is in effect, there will be
no significant fiscal implications as a result of enforcing or administering
the section.
Ms. Hendricks has also determined that for each year of the first five
years the section as proposed is in effect, the public benefits anticipated
as a result of enforcing the section as proposed will be that persons affected
by the corresponding statutory provision will have a better understanding
of their rights and responsibilities and that the opportunities for issuing
electronic documents will be increased so that interior designers may take
better advantage of technology.
The agency anticipates there will be no significant effect on small business
as a result of the new rule.
There are no anticipated economic costs to persons who are required to
comply with the new rule as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas, 78711-2337.
The new rule is proposed pursuant to Section 5 and Section 17
of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
interior designers to seal drawings and specifications.
This proposed rule does not affect any other statutes.
§5.113.Required Use.
(a)
Every registered interior designer shall affix his/her
seal, actual signature (under the face of the seal's image), and date of signature
to all original Construction Documents which are prepared and issued under
the authorship or under the Supervision and Control of the interior designer
for use in Texas. The interior designer's seal, signature, and date must be
visible on all copies of original Construction Documents issued for use in
Texas. Original Construction Documents requiring a seal, signature, and date
include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists any
sealed Construction Documents, such as a title sheet, table of contents, or
index; and
(4)
Addenda, change orders, and supplemental documents.
Renderings used as presentation documents to communicate conceptual information
only are not required to be sealed, signed, or dated. However, the name and
address of the interior designer responsible for the preparation of presentation
documents shall be clearly identified on the documents.
(b)
Drawings and specifications considered incomplete by the
interior designer may be released for interim review without the interior
designer's seal or signature affixed, but shall be dated, bear the interior
designer's name and registration number, and be conspicuously marked to clearly
indicate the documents are for interim review only and may not be used for
regulatory approval, permit, or construction.
(c)
An interior designer shall seal any document issued for
regulatory approval, permit, or construction which was prepared by a consultant
retained by the interior designer who does not affix a professional seal to
the document. The interior designer's seal shall attest to the interior designer's
coordination of the document with other documents for the project.
(d)
Once documents bearing the interior designer's seal are
issued from the interior designer's office, the seal shall not be removed
by any person.
(e)
An interior designer may release electronic drawing files
with the following statement substituted for the interior designer's signature:
(f)
For every project wherein an interior designer releases
documents for regulatory approval, permit, or construction, the interior designer
shall maintain a sealed, signed, and dated paper or microform copy of such
documents for a minimum of 10 years.
(g)
An interior designer, as a third party, may complete, correct,
revise, or add to the work of others when engaged to do so by a client as
long as all of the following conditions are satisfied:
(1)
the client indicates to the third party interior designer
that all documentation related to the work that has been submitted to the
client by the first party has been furnished to the third party interior designer;
(2)
the first party is notified in writing by the third
party interior designer of the engagement immediately upon acceptance of the
engagement;
(3)
the work prepared by the third party interior designer
or under the third party interior designer's Supervision and Control shall
be sealed by and be the responsibility of the third party interior designer;
and
(4)
the third party interior designer may not seal or
take responsibility for the work prepared by the first party which was not
prepared under the third party interior designer's Supervision and Control.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 3, 2000.
TRD-200002375
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Proposed date of adoption: May 18, 2000
For further information, please call: (512) 305-8535
Subchapter F. THE ARCHITECT'S SEAL
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter F. THE LANDSCAPE ARCHITECT'S SEAL
Chapter 5.
INTERIOR DESIGNERS
Subchapter F. THE INTERIOR DESIGNER'S SEAL