10 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2005-017

 

DEPARTMENT OF LABOR & ECONOMIC GROWTH DIRECTOR’S OFFICE

ARCHITECTS

 

Filed with the secretary of state on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of labor and economic growth by section 308 of 1980 PA 299, MCL 339.308, Executive Reorganization Order No. 1996-2, MCL 445.2001 and Executive Reorganization Order No. 2003-18, MCL 445.2011)

 

Rules 339.15101, 339.15103, 339.15201and 339.15202 of the Michigan Administrative Code are amended, and Rule 339.15204 is added as follows:

 

PART 1. GENERAL PROVISIONS

 

R 339.15101 Definitions.

Rule 101. (1) As used in these rules:

(a)    "Act" means 1980 PA 299, MCL 339.101. Act No. 299 of the Public Acts of 1980, as amended, being section 339.101 of the Michigan Compiled Laws.

(b)    "Administrative secretary" means an employee of the department who is the chief administrative employee assigned to administer the act.

(c)    "Authorized representative" means the chairperson, vice chairperson, or such other member of the board or employee of the department as the board may formally designate.

(d)    (C) "Board" means the board of architects.

(e)    (D) "Department" means the department of labor & economic growth. department of licensing and regulation.

(2) Terms defined in the act have the same meanings when used in these rules.

 

R 339.15103 Conduct of public meetings. Board meetings.

Rule 103. Board meetings are held in accordance with 1976 PA 267, MCL 15.261 et seq. and are open to the public. (1) For the purpose of this rule, Achairperson@ means the person authorized to convene and moderate a meeting of a public body organized or housed within the department or any other person acting temporarily as convener or moderator.

(2) Each person present shall be provided a reasonable opportunity to address a public meeting on an agenda item or a topic relevant to the public body which is not on the agenda if the person makes a request to the public body=s offices or to the department before convening the meeting or to the chairperson before the conclusion of the meeting.

 

 

(3) A group of 5 or more persons may be asked to give advance notice to the chairperson or  department of its intention to attend a meeting of a public body so that an effort may be made to provide adequate space. However, such advance notice is not required.

(4) The chairperson shall do all of the following:

Conduct the public participation portion of the public meeting in an orderly and decorous fashion.

(b) Recognize each person wishing to speak within the time limits available. (c) Allow for public comment on each agenda item.

(d)Allocate a specific time on the agenda for general public comments.

(e) Exclude a person from the meeting only for a breach of the peace actually committed at the meeting.

(5) The chairperson may do any of the following:

(a) Limit the number of persons admitted to the meeting room if necessary to comply with public safety laws and regulations.

(b) Temporarily recess and promptly reconvene the meeting in a larger meeting room if more space is necessary.

(c) Impose reasonable limitations on time allotted for public comments.

(d)  Inquire as to the interest or interests, if any, represented by a person addressing the meeting.

(e) To preserve the rights of all parties, prohibit a member of the public from addressing the meeting  on the subject of an administrative law case pending before a board until a disposition of the case has  been voted upon by the board.

 

PART 2. LICENSING CRITERIA

 

R 339.15201 Adoption by reference; experience credit; professional experience practice requirement; examination; transcripts.

Rule 201. (1) The board adopts the "Performance Criteria" of the national architectural accrediting board as found in the January, 1982, publication entitled "NAAB - Criteria 1998 Conditions and Procedures" as found in the January, 1998 publication, and its 2002 addendum, of the national architectural accrediting board as the board 's determinant of the acceptability of a first professional degree in architecture. The “Performance Criteria" of the national architectural accrediting board, “NAAB-1998 Conditions and Procedures” and all addenda through January 2005 are available for inspection from the bureau of commercial services at the physical location of 2501 Woodlake Circle, Okemos Mi 48864, and may be purchased at a cost of $2.50 3.50, at the time of the adoption of these rules, from the National Architectural Accrediting Board, 1735 New York Avenue, NW, Washington DC 20006, telephone: [phone], E-MAIL: [e-mail], or on the world-wide web at www.naab.org . The criteria may also be purchased at a cost of $2.00 from the Michigan Board  of Architects, P.O. Box 30018, Lansing, MI 48909.

(2) An applicant with an architectural degree from a program accredited by the national architectural accrediting board shall possess evidence of a degree acceptable to the board, and will be granted 5 years  of experience credit for such a degree.

(3) An applicant shall have 8 calendar years of professional architectural experience after high school graduation, or its equivalent, before he or she may be admitted to the professional architects=  examination. Before July 1, 1984, this requirement shall include a minimum of 4 years of education credits and a minimum of 3 years of training credits. After July 1, 1984, the 8-year professional experience practice requirement shall include 5 years of education credits and 3 years of training credits. The following types of education credits are deemed acceptable as required by the act:

 

 

 

Type of Degree                                                                           Maximum Experience

Credit Granted for  Education

 

(a) First professional degree in architecture, bachelor's or  master's, where the degree program meets the criteria adopted by subrule (1) of this rule.

(b) First professional degree in architecture, bachelor's or  master's, where the degree program does not meet the criteria adopted by subrule (1) of this rule, but is acceptable to the board.

(c) Foreign architecture or architectural engineering degree acceptable to the board as meeting the criteria adopted by  subrule (1) of this rule after review of transcript

(d)Bachelor of architectural engineering degree acceptable to the board after review of transcript. After July 1, 1984, this degree is not acceptable.

(e) Foreign pre-professional baccalaureate degree in architecture and acceptable to the board after review of transcripts. After July 1, 1984, this degree is not acceptable.

5 years

 

 

4 years

 

 

 

4 years

 

 

4 years

 

 

4 years

 

(4) Experience credit for acceptable education shall be granted in accordance with the provisions of subrule (3) of this rule, subject to the following conditions:

(a) An applicant working full-time or part-time obtaining experience as set forth in R 339.15202 and simultaneously earning formal education credits as required by law from a college or university through evening or part-time course work shall be given credit not to exceed the actual calendar time elapsed.

(b) When credits are submitted from more than 1 college or university, they shall be evaluated on the same basis as by the school last attended.

(5) An applicant shall provide transcripts and other documents as may be required by the board for  evaluation and determination of the acceptability of the applicant=s education.

 

R 339.15202 Credit for professional experience.

Rule 202. (1) Credit for professional experience required by the act shall be granted for verified experience or practical training in accordance with the following provisions:

 

 

Type of Experience

Maximum Percent  Credit Allowed

Maximum  Credit Allowed

 

(a) Practical training of 3 or more continuous	100 %	no limit
months, before acquisition of first
professional degree in architecture, in offices
of licensed or registered architects who are
practicing as principals.

 

 

(b)Experience as an employee in the offices  of licensed or registered architects after acquisition of first professional degree in architecture.

(c)Experience gained by completing an internship program at the professional level as approved by the board.

(d)           Experience as a licensed or registered architect practicing as a principal or as a manager of the architectural activities of an agency or organization described in subdivision (g) or (h) of this subrule; in either case, with a verified record of substantial practice.

(e) Teaching or research in an architectural program defined as acceptable to the board in subrule (2)(c) of this rule.

(f)Employment by government agencies, engineers, general contractors, interior designers, landscape architects, or city planners in areas directly related to construction, and those self-employed in 1 of  the preceding occupations.

(g)Employment by government agencies, including the military, when diversified and comparable to employment in the office of a licensed or registered architect practicing as  a principal, and if such work is directly related to architectural work in a recognized training program and under the direct supervision of a licensed or registered architect employed in the capacity of a manager of an agency's architectural activity.

(h)Employment by organizations that have employees performing architectural services in connection with projects used or owned by such organizations, if diversified and comparable to employment in the office of a licensed or registered architect practicing as a principal, and if such work is directly related to architectural work in a recognized training program and is under the direct supervision of a licensed or registered

100 %                  no limit

 

 

 

100 %                  no limit

 

 

100 %                  no limit

 

 

 

 

 

 

100 %                     1 year

 

 

50 %                     1 year

 

 

 

 

 

100 %                   2 years

 

 

 

 

 

 

 

 

 

  100 %                   2 years

 

 

architect employed in the capacity of  manager of the organization=s architectural activity.

 

 

(i) Credits toward a second professional	100 %	1 year
degree (master's or doctoral) in architecture
when such credit is acceptable to the board
and after review of transcripts.

 

(2) Credit for professional experience required by the act shall be subject to all of the following conditions:

(a) Training before graduation from high school, or its equivalent, is not accepted.

(b) Every applicant shall earn at least 1 year of training credit as specified in subrule (1)(b) of this rule and shall earn it after completing the education requirement.

(c) One year of teaching, as used in subrule (1)(e) of this rule, means full-time teaching for 2  semesters, 2 trimesters, or 3 quarters.

(d)If training is earned by work with such agencies as vista, peace corps, and community design centers, the applicant shall submit a certified statement with the application outlining briefly, but concisely, the applicant=s duties, responsibilities, and the names and professional status of supervisory  personnel. For credit to be granted under this category, training shall be in areas directly related to architecture.

(e) To be acceptable, training earned in categories specified in subrule (1)(a) to (i) of this rule shall be for a continuous period of not less than 3 months.

(f)Verified work experience earned part-time, not less than 20 hours a week, shall be acceptable for 50% work experience credit as described in subrule (1)(a), (b), (f), (g), and (h) of this rule, when such  part-time experience is of not less than 3 months= duration.

(3) An applicant shall have the employers or supervisors, or both, where he or she has been employed submit to the board verification of experience forms and other references as required by the act.

Decisions regarding acceptable experience and credit granted for experience shall be based upon evaluation of this information by an authorized representative of the board.

(4)   Notwithstanding the provisions of subrules (2) and (3) of this rule, credit for an internship program shall be subject to the following provisions: http://www.ncarb.org/forms/112form.pdf

(a)   (1) Submission of a certificate of completion of the intern development program of the national council of architectural registration boards shall be accepted as evidence of completion of architectural experience and internship acceptable to the board. The board adopts by reference the standards set forth in the publication, "intern development program (IDP) Training Guidelines," 2002-2003 edition published in July, 1985, by the national council of architectural registration boards (NCARB), which is available for inspection from the bureau of commercial services, physical location at 2501 Woodlake Circle, Okemos Michigan.. Copies of "intern development program (idp) Training Guidelines " may be obtained from the Michigan Board of Architects, Department of Licensing and Regulation, P.O. Box 30018, Lansing, MI 48909, and from AIA-NCARB IDP Headquarters, 1801 K Street Nw, Suite 1100-K, 1735 New York Avenue NW, Suite 700, Washington DC 20006, telephone: [phone], e-mail: [e-mail] or by visiting the NCARB website at  www.ncarb.org, without at no charge at the time of promulgation of these rules.

(b)    Other internship programs shall be reviewed on an individual basis and approved if the board considers the training comparable to the program adopted in subrule (a) above.

 

 

(c)   (2) The certificate of completion of an approved internship program shall also be evidence of completion of the requirement that an applicant submit 5 references as

required by section 2006(1) of the act.

(5)   (3)Effective January 1, 1992, only experience gained through completion of an internship intern development program approved by the board shall be deemed considered to qualify an applicant to take the professional portion of the examination.

(4)Five years of verifiable practice as a licensee in another jurisdiction shall satisfy the intern development program requirements for a reciprocal license.

 

R 339.15204 Examination requirement.

Rule 204. The board adopts the NCARB architectural registration examination (are) as the acceptable examination for licensure, as required by MCL 339. 2004(1)(b).