Architecture

Commissioner's Regulations

Part 69, Architecture

Effective December 29, 2005

1. To meet the professional education requirements for admission to the examination, the applicant shall submit evidence of either:
   1.  
      1. graduation from a program in architecture registered by the department, accredited by an accrediting organization acceptable to the department, or determined by the department to be the equivalent of a registered or accredited program; and
      2. receipt of the degree of bachelor of architecture or master of architecture, or the equivalent as determined by the department, from a school offering a program which meets the requirements of subparagraph (i) of this paragraph; and
      3. completion of a minimum of three years of architectural work experience of a scope and nature satisfactory to the State Board for Architecture; or
   2. completion of experience in architectural work acceptable to the State Board for Architecture or a combination of education and experience totaling 12 years which is determined by the department to be the equivalent of the education and experience described in paragraph (1) of this subdivision.
2. The department may accept a second professional degree in architecture in lieu of not more than one year of work experience.

1. Content. The examination may include, but need not be limited to, architectural history, theory, construction, professional practice, building design and site planning. The department may accept satisfactory scores, reported on a pass/fail basis, on all or part of the written examination produced by the National Council of Architectural Registration Boards.
2. Retention of credit.
   1. The grade retention provisions of section 59.5(f) of this Title shall not be applicable to the examination.
   2. Applicants who have passed a division of the examination prior to January 1, 2006 shall retain credit for that examination division without time limitation. Applicants who have passed a division of the examination on or after January 1, 2006 shall retain credit for that division for a five-year period that begins on the date of the administration of that examination division.
3. Rescorings and reviews. Multiple choice or other objective divisions of the examination will be rescored upon written request of the candidate. Candidates who have failed the graphic divisions of the examination may review those divisions in accordance with the provisions of section 59.5(g) of this Title.

For endorsement of a license to practice architecture issued by another jurisdiction, the applicant shall present evidence of having met all the requirements of section 59.6 of this Title; except an architect licensed in another state or jurisdiction as the result of successful completion of only the professional examination in use before 1983 may be granted licensure upon presentation of evidence of two years of work experience of a grade and character satisfactory to the State Board for Architecture and passage of a practical examination satisfactory to the State Board for Architecture, or upon completion of those parts of the written examination not previously passed.

1. In accordance with section 7305(1) of the Education Law and upon recommendation of the State Board for Architecture, the department may issue to an architect who is not a resident of this State, and has no established place of practice in this State, a limited permit to practice architecture solely in connection with a single specified project and subject to the same registration and revocation provisions as a license, provided that such applicant submits:
   1. a completed application form, including:
      1. a description of the project for which the limited permit is requested; and
      2. a detailed description of experience satisfactory to the board and of a nature related to the project in New York for which the permit is to be issued;
   2. at least three satisfactory certifications as to character and qualifications submitted by licensed architects;
   3. written confirmation, submitted to the department by the appropriate licensing authority, that the applicant is legally qualified to practice as an architect or its equivalent in that state or country; and
   4. payment of statutory permit and registration fees.

1. For those applicants initially applying for licensure on or after the effective date of this Part (January 1, 1987), seals used by licensed architects shall be circular in shape, approximately 1 3/4 inches in diameter, bearing the legend at the top of the outer band, "Registered Architect" and at the bottom "State of New York". In the inner circle above the Great Seal of New York shall be shown the name of the licensee, and below the Great Seal the license number with no other letters or numbers.
2. To all plans, specifications and reports to which the seal of an architect has been applied, there shall also be applied a stamp with appropriate wording warning that it is a violation of the law for any person, unless acting under the direction of a licensed architect, to alter an item in any way. If an item bearing the seal of an architect is altered, the altering architect shall affix to his item the seal and the notation "altered by" followed by his signature and the date of such alteration, and a specific description of the alteration.

1. Definitions. As used in this section, acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.
2. Applicability of requirement.
   1. Each licensed architect, required under article 147 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision.
   2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:
         1. licensees for the triennial registration period during which they are first licensed to practice architecture in New York State, except those first licensed to practice architecture in New York State pursuant to an endorsement of a license of another jurisdiction; and
         2. licensees whose first registration date following January 1, 2000 occurs prior to January 1, 2001, for periods prior to such registration date; and
         3. licensees who are not engaged in the practice of architecture as evidenced by not being registered to practice in New York State, except as otherwise provided in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, may be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by a physician; or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause beyond the licensee's control which in the judgement of the department makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
3. Mandatory continuing education requirement.
   1. General Requirement.
      1. During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education acceptable to the department, as defined in paragraph (2) of this subdivision, provided that the number of hours of such continuing education that consists of other educational activities as prescribed in paragraph (2) of this subdivision shall be limited in accordance with the requirements set forth in section 7308(2) of the Education Law. A minimum of 24 hours of such continuing education shall be in the areas of health, safety and welfare in accordance with the limitations and requirements set forth in section 7308(2) of the Education Law.
      2. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (2) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per month for such registration period.
   2. Acceptable continuing education. To be acceptable to the department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in the subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph.
      1. Subjects. Acceptable continuing education shall contribute to professional practice in architecture:
         1. in any one or more of the following curricular areas relating to the health, safety, and welfare of the public: accessibility; acoustics; building design; code of ethics; codes, acts, laws, and regulations governing the practice of architecture; construction administration, including the administration of construction contracts; construction documents; construction functions of materials, methods, and systems; energy efficiency; environmental issues - including asbestos, lead based paint, toxic emissions; environmental analysis and issues of building materials and systems; building fire loads - flame spread, smoke contribution, explosives; fire safety systems - detection and alarm standards; life safety codes; materials and systems - roofing/waterproofing, wall systems, and other systems; materials and methods, use and function; mechanical, plumbing, and electrical - system concepts, materials and methods; natural hazards - impact of earthquake, hurricane, or flood related to building design; building preservation, renovation, restoration, and adaptive re-use; design of security of buildings; site and soils analysis; site design; specification writing; structural issues; surveying methods and techniques; sustainable design; zoning as it relates to the improvement and/or protection of the health, safety and welfare of the public; or other matters of law and ethics which contribute to the health, safety and welfare of the public; and
         2. in other topics which contribute to the professional practice of architecture as such practice is defined in section 7301 of the Education Law.
      2. Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and be subject to the limitations prescribed in this subparagraph.
         1. Courses of learning. Acceptable continuing education shall be courses of learning offered by a sponsor approved by the department pursuant to subdivision (i) of this section, which may include, among others, the following courses offered by an approved sponsor: university and college courses, and professional development and technical training courses related to the practice of architecture.
         2. Other educational activities. Acceptable continuing education shall be the following other educational activities, provided that the number of hours of continuing education that consists of other educational activities shall be limited in accordance with the requirements set forth in section 7308(2) of the Education Law:
            1. preparing and teaching a course offered by a sponsor of continuing education to architects, approved pursuant to subdivision (i) of this section, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            2. authoring an article published in a peer-reviewed journal or a published book. A licensee shall receive nine continuing education hours for each written work published during the registration period;
            3. making a technical presentation at a professional conference sponsored by an organization that is a sponsor of continuing education to architects, approved pursuant to subdivision (i) of this section. Continuing education hours that may be credited for this activity shall include actual instructional time, plus preparation time which may be up to two additional hours for each hour taught;
            4. obtaining a patent related to the practice of architecture. A licensee shall receive nine continuing education hours for each patent granted on an invention during the registration period;
            5. completing a self-study program, meaning structured study, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students; or
            6. completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section.
4. Renewal of registration. At each reregistration, licensed architects shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (c) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
5. Requirement for lapse in practice.
   1. The licensee who returns to the practice of architecture after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice architecture continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum 36 hours, which shall be completed in the 12 months before the beginning of the new registration period; and
      3. at least 12 hours of acceptable continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.
   2. The licensee who returns to the practice of architecture after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice architecture continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
      2. at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 36 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and
      3. the regular continuing education requirement during the new registration period.
6. Conditional registration.
   1. The department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:
      1. the licensee agrees to remedy such deficiency within the conditional registration period;
      2. the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable continuing education per month during such conditional registration period; and
      3. the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of architectural services consistent with the licensee's practice of architecture.
   2. the duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
7. Licensee records. Each licensee subject to this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the type of learning activity, title of the course if a course, subject of the continuing education, the number of hours completed, the sponsor's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be available for review by the department in the administration of the requirements of this section.
8. Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes of study shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit.
9. Sponsor approval.
   1. To be approved by the department, sponsors of continuing education to licensed architects in the form of courses of learning or self-study programs shall meet the requirements of either paragraph (2) or (3) of this subdivision.
   2. The department shall deem approved as a sponsor of continuing education to licensed architects in the form of courses of learning or self-study programs:
      1. a sponsor of continuing education that is approved by The American Institute of Architects Continuing Education System (AIA/CES), the International Association for Continuing Education and Training (IACET), the Practicing Institute of Engineering, or an equivalent organization determined by the department with assistance from the State Board for Architecture to have adequate standards for approving sponsors of continuing education for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent to the standards prescribed in clauses (3) (ii) (a), (c), and (d) of this subdivision; or
      2. a postsecondary institution that has authority to offer programs that are registered pursuant to Part 52 of this Title or authority to offer equivalent programs that are accredited by an acceptable accrediting agency.
   3. Department review of sponsors.
      1. The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed architects in the form of courses of learning or self-study programs that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.
      2. Organizations desiring to offer courses of learning or self-study programs based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a sponsor at least 90 days prior to the date of the commencement of such continuing education that documents that the organization:
         1. will offer courses of learning or self-study programs in any one or more of the subjects prescribed for acceptable continuing education in subparagraph (c)(2)(i) of this section;
         2. is an organized educational entity, or an entity that has expertise in the professional areas that will be taught, including but not limited to, a school of architecture accredited by an acceptable accrediting agency; or a national, State, or local architecture association or organization;
         3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of architecture accredited by an acceptable accrediting agency; or instructors who are specially qualified authorities in design and the building sciences, as determined by the department with assistance from of the State Board for Architecture, to conduct such courses;
         4. has a method of assessing the learning of participants, and describes such method; and
         5. will maintain records for at least six years from the date of completion of course work, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed architects in the course if a course, a record of participation of licensed architects in the self-study program if a self-study program, an outline of the course or program, date and location of the course or program, and the number of hours for completion of the course or program. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all records as directed by the department.
      3. Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The department may conduct site visits of, or request information from, a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.
      5. A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.
10. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $ 45 shall be collected from licensees engaged in the practice of architecture in New York State, except for those exempt from the requirement pursuant to subparagraph (b) (2) (i) of this section. This fee shall be in addition to the registration fee required by section 7304 of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 7304 of the Education Law. In addition, such licensees shall pay the $ 45 mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed architects based upon a department review, pursuant to paragraph (i)(3) of this section, shall submit an application fee of $ 900 with the application requesting the issuance of a permit from the department to become an approved sponsor of continuing education to licensed architects in the form of courses of learning or self-study programs. Application for a three-year renewal of the permit shall be accompanied by a fee of $900.