Model Brief to Enforce Laws Prohibiting Architectural ... - NCARB

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Model Brief APPENDIX A: NCARB MODEL LAW 2009-2010 SECTION 1 – DEFINITIONS The following words as used in Sections 1 to 13 inclusive, unless the context otherwise requires, shall have the following meaning: “Architect.” Any person who engages in the practice of architecture as hereinafter defined. “Board.” The Board of Registration of Architects established by [Here, make reference to statute establishing Board; if no separate statute exists which sets out the composition of Board, terms, compensation, etc., insert those provisions as “Section 2–Board” and renumber existing Section 2 and all subsequent sections.]. “Good moral character.” Such character as will enable a person to discharge the fiduciary duties of an architect to his/her client and to the public for the protection of health, safety, and welfare. Evidence of inability to discharge such duties shall include the commission of an offense justifying discipline under Section 7. “Practice of architecture.” Providing or offering to provide those services, hereinafter described, in connection with the design and construction, enlargement, or alteration of a building or group of buildings and the space within and the site surrounding such buildings, which have as their principal purpose human occupancy or habitation. The services referred to include pre-design, programming, planning, providing designs, drawings, specifications and other technical submissions, the administration of construction contracts, and the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects; provided that the practice of architecture shall not include the practice of engineering as defined in [Statute Reference], but a registered architect may perform such engineering work as is incidental to the practice of architecture. “Prototypical building.” Any commercial building or space within a commercial building that is intended to be constructed in multiple locations, and in fact then has been constructed in multiple locations, and which conveys an owner’s intended uniform business program, plan, or image. 9 “Prototypical building documents.” Technical submissions for prototypical buildings that are prepared by or under the responsible control of an architect then registered in any United States jurisdiction and holding the certification issued by the National Council of Architectural Registration Boards, that identify such architect together with the architect’s registration number, jurisdiction of registration, and National Council of Architectural Registration Boards Certificate number and that are marked “Prototypical Design
Model Brief Documents Not for Construction.” Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for local conditions, including site conditions, and may require additional design as well. “Registered architect.” An architect holding a current registration. “Registration.” The certificate of registration issued by the Board. “Responsible control.” That amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architect applying the required professional standard of care, including but not limited to an architect’s integration of information from manufacturers, suppliers, installers, the architect’s consultants, owners, contractors, or other sources the architect reasonably trusts that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction, of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation. “Technical Submissions.” Designs, drawings, specifications, studies, and other technical documents prepared in the course of practicing architecture. All technical submissions shall be identified by date and by the name and address of the architect or the architect’s firm. SECTION 2 – FEES [Here, set out fee structure for all matters for which a fee is set by statute, and/ or identify procedure for establishing fees which are set other than by statute. Do not include examination fees.] SECTION 3 – REGISTRATION QUALIFICATIONS Every person applying to the Board for initial registration shall submit an application accompanied by the fee established in accordance with Section 2, with satisfactory evidence that such person holds an accredited professional degree in architecture or has completed such other education as the Board deems equivalent to an accredited professional degree. If an applicant is qualified in accordance with the preceding sentence, such person shall then provide the Board with satisfactory evidence that such person has completed such practical training in architectural work as the Board requires and has passed an examination on such technical and professional subjects as are accepted by the Board. None of the examination materials shall be considered public records [for purposes of state public records act]. The Board may exempt from such written examination an applicant who holds a certification issued by the National Council of Architectural Registration Boards. The Board may accept as its own the requirements governing practical training and education published from time to time by the National Council of Architectural 10
Page 1 and 2: Model Brief to Enforce Laws Prohibi
Page 3 and 4: Model Brief Introduction...........
Page 5 and 6: Model Brief BRIEF IN SUPPORT OF BOA
Page 7 and 8: Model Brief ARGUMENT I. Defendant i
Page 9 and 10: Model Brief The practice of archite
Page 11: Model Brief affect public rights or
Page 15 and 16: Model Brief submissions only if the
Page 17 and 18: Model Brief in such real property e
Page 19 and 20: Model Brief as architects; and furt
Page 21 and 22: Model Brief 13. A person currently
Page 23 and 24: Model Brief California Palmer v. Br
Page 25 and 26: Model Brief New York Gordon v. Aden
Page 27 and 28: Model Brief Medak v. Cox, 12 Cal. A
Page 29: Model Brief Mississippi State Bd. o

Model Brief to Enforce Laws Prohibiting Architectural ... - NCARB

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