Commerce, Occupational and Professional Licensing

Section R156-3a-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 37073
Filed: 11/26/2012 12:38:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Architects Licensing Board are proposing amendments to provide further definition of architectural work that is incidental to the practice of engineering.

Summary of the rule or change:

The proposed amendments add language that allows engineers to engage in architectural work that is incidental to the practice of engineering if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. A similar proposed amendment being made to Rule R156-22 allows architects to engage in engineering work that is incidental to the practice of architecture if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. (DAR NOTE: The proposed amendment to Rule R156-22 is under DAR No. 37073 in this issue, December 15, 2012, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-3a-101
• Section 58-3a-303.5
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only impact professional engineers and structural engineers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only impact professional engineers and structural engineers. The proposed amendments to the definition of incidental practice allow engineers to engage in architectural work that is incidental to the practice of engineering if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some engineers will experience a financial benefit because it allows them to provide some incidental architectural services that they are unable to provide under the current rule. In these cases, some engineering firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only impact professional engineers and structural engineers. The proposed amendments to the definition of incidental practice allow engineers to engage in architectural work that is incidental to the practice of engineering if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some engineers will experience a financial benefit because it allows them to provide some incidental architectural services that they are unable to provide under the current rule. In these cases, some engineering firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit.

Compliance costs for affected persons:

The proposed amendments only impact professional engineers and structural engineers. The proposed amendments to the definition of incidental practice allow engineers to engage in architectural work that is incidental to the practice of engineering if it affects an area not exceeding 3,000 square feet when structural elements of a building are not changed. Under this amendment, some engineers will experience a financial benefit because it allows them to provide some incidental architectural services that they are unable to provide under the current rule. In these cases, some engineering firms may experience a financial benefit; however, the Division is unable the estimate the extent of the benefit.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendment clarifies the definition of the term "incidental practice" to incorporate a statutory licensing exemption that allows for any person to design, alter, or repair a portion of an existing building, under specified circumstances, without holding an architect license. No compliance is required; therefore, businesses will not experience any compliance-related costs. Businesses that choose to operate under the licensing exemption may recognize new revenues, which will vary and cannot be estimated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/16/2013

Interested persons may attend a public hearing regarding this rule:

• 01/16/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

01/23/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-3a. Architect Licensing Act Rule.

R156-3a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 3a, as used in Title 58, Chapters 1, 3a, and 22 or this rule:

(1) "ARE" means the NCARB Architectural Registration Examination.

(2) "Committee" means the IDP Committee created in Section R156-3a-201.

(3) "Complete and final" as used in Subsection 58-3a-603(1) means "complete construction plans" as defined in Subsection 58-3a-102(4).

(4) "EESA" means the Education Evaluation Services for Architects.

(5) "Employee, subordinate, associate, or drafter of an architect" as used in Subsections 58-3a-102(8), 58-3a-603(1)(b) and this rule means one or more individuals not licensed as an architect who are working for, with, or providing architectural services directly to the licensed architect under the supervision of the licensed architect.

(6) "Incidental practice" means "architecture work as is incidental to the practice of engineering" as used in Subsection 58-22-102(9) and "engineering work as is incidental to the practice of architecture" as used in Subsection 58-3a-102(6) which:

(a) can be safely and competently performed by the licensee without jeopardizing the life, health, property and welfare of the public;

(b) is secondary and substantially less in scope and magnitude when compared to the work performed or to be performed by the licensee in the licensed profession;

(c) is work in which the licensee is fully responsible for the incidental practice performed as provided in Subsection 58-3a-603(1) or Subsection 58-22-603(1);

(d) unless exempt from licensure as provided in Subsection 58-3a-304(1)(e), is work that affects not greater than 49 occupants as determined in Section 1004 of the 2009 International Building Code;

(e) unless exempt from licensure as provided in Subsection 58-3a-304(1)(e), is work included on a project with a construction value not greater than 15 percent of the overall construction value for the project including all changes or additions to the contracted or agreed upon work; and

(f) shall not include work on a building or related structure in an occupancy category of III or IV as defined in Section 1604.5 of the 2009 International Building Code.

(7) "Intern Development Program" or "IDP" as used in Subsection R156-3a-302(1) means a NCARB approved training program.

(8) "NAAB" means the National Architectural Accrediting Board.

(9) "NCARB" means the National Council of Architectural Registration Boards.

(10) "Program of diversified practical experience" as used in Subsection 58-3a-302(1)(e) means:

(a) current licensure in a recognized jurisdiction; or

(b) the training standards and requirements set forth in the Intern Development Program.

(11) "Recognized jurisdiction" as used in Subsections 58-3a-302(2)(d)(i) and (iii), for licensure by endorsement, means any jurisdiction that is a member of NCARB.

(12) "Responsible charge" by a principal, as used in Subsection 58-3a-102(7), means direct control and management by a principal over the practice of architecture by an organization.

(13) "Technical submissions", as used in Section R156-3a-601, means documents which are:

(a) required by public authorities for building permits or regulatory approvals; or

(b) intended for construction purposes, including all addenda and other changes to submissions.

(14) "Under the direction of the architect" as used in Subsection 58-3a-102(8), as part of the definition of "supervision of an employee, subordinate, associate, or drafter of an architect" means that the unlicensed employee, subordinate, associate, or drafter of the architect engages in the practice of architecture only on work initiated by the architect, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of the architect.

(15) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 3a, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-3a-502.

 

KEY: architects, licensing

Date of Enactment or Last Substantive Amendment: [July 30, 2012]2013

Notice of Continuation: January 31, 2011

Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-1-106(1)(a); 58-1-202(1)(a), 58-3a-303.5