tbae

bulletin architecture interior design landscape architecture

Volume IV, Issue 1

chairman’s column John O. Greer, FAIA, CCS

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As Chairman of the Texas Board of Architectural Examiners, I am pleased to inform you of Governor Bush’s recent appointment of three new Board members, all of whom bring to the Board exceptional credentials. Alan R. Lauck, appointed to fill the interior design position on the Board, is President and Chief Executive Officer of Working Spaces: The Lauck Group, in Dallas. Mr. Lauck is a graduate of Kansas State University with a degree in Interior Architecture. He began his career in 1972 as a designer with the St. Louis office of Hellmuth, Obata & Kassabaum. He was the first Corporate Director for the HOK Interiors Group and the first nonarchitect elected to the HOK Board of Directors and the firm’s Management Committee. In 1982, Mr. Lauck was offered a new opportunity as a major shareholder, President, and CEO of the New Yorkbased design firm Neville Lewis Associates. Two years later he formed The Lauck Group and fulfilled his goal of leading his own firm. The Lauck Group has won major national, regional, and local awards. The firm was named 1991’s Distinguished Designer by the University of Texas at Arlington School of Architecture. In 1992, Mr. Lauck was named an Alumni Fellow by Kansas State University.

Summer 1999

Anthony Trevino, Jr., appointed as a public member of the Board, is an attorney with the law firm of Wilson, Trevino, Freed, Casso and Valls in Laredo. Mr. Trevino primarily practices oil and gas litigation and transactions, trust work, and general business. He is a member of the Oil, Gas and Mineral Law Council for the State Bar of Texas and serves in numerous civic organizations in Laredo, including serving currently as President for Laredo’s 103rd Annual Washington’s Birthday Celebration. Mr. Trevino received his Bachelor of Arts degree from the University of Texas at Austin and his Juris Doctorate from the University of Houston Law Center. R. Nolen Willis, AIA, is an architect with Willis, Bricker and Cannady Architects of Houston. Mr. Willis is a graduate of the University of Oklahoma School of Architecture, with additional studies in Management of Architectural Practice and Computer Applications in Architecture at Harvard and M.I.T. Mr. Willis has practiced architecture for over thirty years and has extensive experience in the execution and management of complex architectural projects. He has served as partnerin-charge of more than one hundred projects, from small retail interiors to major high-rise office buildings to the renovation of the Astrodome. His major responsibilities include managing diverse teams of architects, designers, engineers, and consultants who are responsible for

project execution. Mr. Willis has professional affiliations with the American Institute of Architects, the Texas Society of Architects, the Construction Specifications Institute, and the Construction Industry Council. Mr. Willis has been appointed to fill one of the four architect positions on the Board. On behalf of the Board and the TBAE staff, I welcome Alan, Tony, and Nolen to the Board. I believe that these new appointments are excellent and complimentary additions to the Board. I trust that you, like I, look forward to working with them in the interest of health, safety, and public welfare in Texas.

what’s inside

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Health, Safety, and Welfare ....... 2 Insight from the Executive Director ................................ 2 What’s New Candidates ......................... Agency ................................. Architecture ......................... Interior Design .................... Landscape Architecture ......

3 4 6 7 7

Enforcement Issues and Actions ................................. 8 Rules Review ............................ 9 Questions and Answers ......... 10 Board Meeting Highlights ....... 10 TBAE Details Websites ........................... 13 The TBAE Team ................ 13 Important Dates ............. On Back

Board Members

John Only Greer, FAIA, CCS - Chairman, Bryan, TX Cleveland Turner, III, ASLA - Vice-Chairman, Amarillo, TX Paula C. Day - Public Member, Fort Worth, TX Steven T. Ellinger, AIA - Architect Member, Abilene, TX Alan R. Lauck - Interior Designer Member, Dallas, TX

Volume IV, Issue 1

D. Virginia Roberts - Secretary/Treasurer, Austin, TX Chao-Chiung Lee, AIA - Architect Member, Houston, TX Anthony Trevino, Jr. - Public Member, Laredo, TX R. Nolen Willis, AIA - Architect Member, Houston, TX Cathy L. Hendricks, ASID, IIDA, Executive Director 1

Enforcement: 512 305 8530 Public Information: 512 305 9000 Accounting: 512 305 8540 Examinations: 512 305 8527 Pocket Cards: 512 305 8526 Reinstatement: 512 305 8528 Reciprocity: 512 305 8529 Executive Director’s Office: 512 305 8535

The TBAE Bulletin is published by the Texas Board of Architectural Examiners as an educational and informational service to architects, interior designers, landscape architects, building officials, schools, and the general public of the State of Texas. The purpose of this technical bulletin is to inform all registrants of important issues affecting laws and practices in the three professions regulated by TBAE. The Bulletin also helps to define the roles of these professions in relation to the citizens of the State of Texas. The official text of TBAE rules is filed with the Office of the Secretary of State for publication in the Texas Register. TBAE encourages reproduction of this bulletin with the appropriate acknowledgments. If you should have any questions or comments about the information in this bulletin or wish to order additional copies, please contact: TEXAS BOARD OF ARCHITECTURAL EXAMINERS, PO Box 12337, Austin, TX 78711-2337 or Gail Hile, Managing Editor, 512 305 8544.

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health - safety - welfare Texas Accessibility Academy The Texas Department of Licensing and Regulation (TDLR) offers a four-day Texas Accessibility Academy which extensively covers the Texas Accessibility Standards. The course is designed to train the pool of Contract Providers who perform plan reviews and inspections. The class is held six times each year in Austin. Tuition for the four-day class is $150. For more information call 512 463 3211.

If an architect, interior designer, or landscape architect fails to submit the plans and specs prior to the deadline, the Texas Department of Licensing and Regulation (TDLR) refers the matter to TBAE for appropriate disciplinary action. TBAE continues to receive many referrals from TDLR related to the untimely submission of plans and specifications for TAS review, and the following list explains some of the provisions of Texas law that seem to be especially problematic:

Practice Tips: Avoiding a TDLR Referral to TBAE Texas law mandates that architects, interior designers, and landscape architects submit certain plans and specifications for accessibility review “not later than the fifth day after the date on which the architect, interior designer, [or] landscape architect . . . places the applicable professional seal on the plans and specifications.”

1. DEADLINE FOR SUBMISSION: The Texas legislature recently changed the deadline for submission: a project’s plans and specs must be submitted within five days after you seal them. There is only one way you can make sure the plans and specs are submitted on time: as soon as the plans and specs are sealed, forward a set to the appropriate TAS reviewer even before they See page 11

insight from the executive director Cathy L. Hendricks, ASID/IIDA

TBAE is going out with a bang this millennium! Big changes are forthcoming as a result of the enactment of House Bill 1248. What does this mean to you? HB 1248 affects the statutes that regulate the architectural, landscape architectural, and interior design professions in Texas. It passed in May and goes into effect September 1, 1999. Please carefully read “Summary of Changes to Texas Law” on page 4. There were so many changes that immediate implementation of all of them is not possible. The Board must go through a lengthy procedure to create rules to implement the statutory changes. Until this procedure is complete, TBAE will be unable to carry out many of the new legislative directives. The Board met on August 6th to propose new rules and revise old ones. This process will continue at the next meeting in October. The proposed rules will be published in the Texas Register for the public’s review. The Board will meet again in January and will either adopt or revise the proposed rules that were

published in the Texas Register. The adopted rules will then be submitted to the Texas Register, and following this final publication the newly adopted rules will become effective. Many of you have questions regarding the new continuing education requirements. These requirements will be implemented after new rules are adopted by the Board and funding needs are addressed. TBAE will keep you informed as the process unfolds, and you will need to be prepared to take appropriate action when the requirements are fully implemented. As new rules are adopted, TBAE will communicate this information to you, but we need your help. You must read the notices, newsletters, and instructions that we provide. As always, we also will welcome any questions or comments you might have. I look forward to a challenging year of changes and new opportunities. With your help, we will reach for even higher standards that will further protect the health, safety and welfare of the citizens of Texas. Volume IV, Issue 1

WHAT’s NEW CLARB Student Outreach Initiative CLARB has announced a new Student Outreach Initiative aimed at increasing communication about and understanding of the licensure process for students of landscape architecture. Student Information Packets are now available. “Even though representatives from CLARB and members of registration boards have frequently addressed students about the valuable role that licensure will play in their careers, we see the need to create a true student outreach and to develop materials that not only assist speakers and educators, but can also be referred to by individual students,” explains CLARB President Kenneth J. Backman. The complimentary packets include information on the importance of licensure, registration requirements, the LARE and study material, information on how to record professional experience, and recent copies of the quarterly newsletter, CLARB News. Students, student groups, educators, and practitioners may submit requests for Student Information Packets to CLARB, 12700 Fair Lakes Circle, Suite 110, Fairfax, VA 22033. NCIDQ Practice Design Problems New Practice Design Problems (PDPs) have been developed for the NCIDQ examination. Each PDP is modeled after an actual NCIDQ exam and contains 1/8” scale blank vellums to assist candidates in preparing for the exam. No solutions are provided; however, candidates may purchase Jury Checksheets to assist in making their own evaluations. The PDPs developed in 1996 and 1997 are still available for purchase and include different problems and

CANDIDATES vellums. These PDPs are available from NCIDQ for $30 each and the Jury Checksheets are $10 each. Please contact NCIDQ at 1200 18th Street, NW, Suite 1001, Washington, D.C. 20036, phone 202 721 0220, or visit their website at www.ncidq.org to order. ARE Voucher Exchange Policy TBAE has instituted a policy for exchanging expired vouchers for the ARE. The vouchers may be returned to TBAE for replacement as long as the candidate has paid the current record maintenance fee. A processing fee of $15 per voucher will be charged for the exchange. Change in Record Maintenance Fees for ARE Candidates Effective 9/1/99, TBAE will lower the annual Record Maintenance Fee for ARE candidates to $10. The change will take place as follows: · ARE candidates who have paid the $25 fee for 1999 will have their eligibility extended to 8/31/2000 at no additional cost. · The fee for all new candidates who become eligible through 8/31/99 will remain at $25 and will make them eligible through 8/31/2000. · Candidates who become eligible after 9/1/99 will pay the new $10 fee which will make them eligible for the fiscal year in which they are approved (9/1 through 8/31). Texas Test Centers The following is a list of all Texas test centers for the ARE. You may call the Sylvan Candidate Services Call Center at 800 479 6215 to schedule your appointments. If you experience any difficulties in scheduling, ask for supervisors Madonna Green or Sandra Johnson. All of these test centers

must be open Monday through Saturday for ARE testing. Abilene Amarillo Arlington Austin Beaumont Bedford Corpus Christi El Paso Houston (Clearlake) Kingwood Lubbock Mesquite Midland New Braunfels San Antonio Sugar Land Tyler Waco

915 698 7858 806 359 1037 817 572 6690 512 441 7020 409 899 9798 817 572 6211 361 993 3793 915 587 7323 281 488 6144 281 361 9243 806 785 4400 972 686 3310 915 520 9418 830 629 3808 210 494 7263 281 491 9200 903 510 2842 254 772 2467

Board Policy on Falsified Documents The following policy was adopted by the Board at its January 1999 meeting: It is NCARB’s policy that when falsified documents are submitted for an IDP record, no training units are credited for the period covered by the falsified report. In addition, no training units may be earned for a period of one year beyond the reporting date, and the Council Record is not transmitted to any state registration board during that time. At the end of the one-year period, the record is reviewed by the NCARB Professional Conduct Committee before it is reactivated. When an application containing falsified documentation is submitted to TBAE, either directly or through an NCARB record, it shall be the policy of TBAE to bring the application before the Board for review before it may be accepted as an active application. See page 11

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what’s new Board Elects New Officers At its January 1999 meeting, the Board unanimously re-elected Cleveland Turner, landscape architect, as its Vice-Chairman for 1999. This makes the fifth consecutive year Mr. Turner has been elected to this position. With the advice and full consent of the Board, Chairman John O. Greer appointed D. Virginia Roberts, public member, to serve as Secretary/Treasurer. New Board Member Orientation On June 17 th TBAE held an orientation for the three new Board members recently appointed by Governor Bush: Alan R. Lauck, Anthony Trevino, Jr., and R. Nolen Willis, AIA. The orientation was held at the office of TBAE. Cathy L. Hendricks, Executive Director, led members of the staff as presentations about the agency were made to the new Board members. The following day, the new members attended a second orientation conducted by Governor Bush’s office for all members newly appointed to Texas boards and commissions. Summary of Changes to Texas Law The 76 t h Texas legislative session resulted in many changes to the statutes regulating the architectural, landscape architectural, and interior design professions in Texas. TBAE wishes to emphasize one significant change that was incorporated into all three of the statutes we implement. Effective September 1, 1999, persons who apply for architectural, landscape architectural, or interior design registration will be required to hold degrees from educational programs approved by the Board. The Board 4

AGENCY plans to implement this provision by requiring that any architectural applicant possess a degree approved by the National Architectural Accreditation Board (NAAB) and that any landscape architectural applicant possess a degree approved by the Landscape Architectural Accreditation Board (LAAB). The Board has not yet determined the educational requirements for interior design applicants. Please note that a grandfather clause was included with this legislative change. Any applicant who began his or her eductional training and/or experience prior to September 1, 1999, will be subject to the registration laws in effect prior to September 1, 1999. The following summary highlights the changes brought about by HB1248 as well as a number of other bills. You can obtain the complete text of each of the bills from our web page: www.tbae.state.tx.us. HB 1248 will result in the following changes: h The fee to apply for the architectural registration examination has been reduced. h Numerous fees that previously were set by statute now will be reviewed by the Board and set in amounts that correlate to the actual expense of providing the particular service. h A scholarship fund has been created to offset the examination cost for candidates for architectural registration. h Architects, landscape architects, and interior designers will be required to participate in continuing education programs unless they teach their profession at a college or university. The Board may require that continuing education credits include courses

related to barrier-free design. h The Board will be able to subpoena witnesses and evidence in connection with investigations of violations of the statutes implemented by the agency. h The Board will be able to fine individuals who are not registered as architects, landscape architects, or interior designers but either practice illegally or utilize one of the titles that may be used only by a licensed professional. h The Board will be able to fine both landscape architects and interior designers who violate laws pertaining to their professional practice. Previously, the Board could fine only architects. h The Board has been directed to adopt rules that will prevent registrants from submitting or soliciting competitive bids for government projects that are regulated by the Professional Services Procurement Act. h Instead of being required to charge a late payment penalty based on the registration examination fee, the Board will have discretion to determine an appropriate amount to charge as a penalty when an architect, landscape architect, or interior designer fails to renew his or her registration prior to its expiration date. h Landscape architects will be statutorily required to apply a specific type of professional seal to all design work they prepare for use in Texas. Persons who are not registered landscape architects will be prohibited from using a similar seal. h The agency will be able to accept payments made via credit card and other electronic means. h Language regarding the exemptions to the architectural practice act has been clarified in order to eliminate confusion; Volume IV, Issue 1

WHAT’s NEW however, the exemptions have been neither broadened nor narrowed. h Architects, landscape architects, and interior designers will have the option to transfer their registrations to inactive status so that they will not have to pay the full registration renewal fee if they are not practicing in Texas. Other miscellaneous “housekeeping” changes include the elimination of references to the Architectural Examiners’ Fund and the amendment of outdated citations to other statutes. These changes will be implemented gradually and registrants will be notified as each change takes effect. The following summaries highlight additional legislation that might affect TBAE registrants: SB 1438 transfers the Texas State Board of Public Accountancy, the Texas Board of Professional Engineers, and the Texas Board of Architectural Examiners to a self-directed, semiindependent status. The new statute, which has an effective date of September 1, 1999, mandates that TBAE be financially independent of the State. The statute requires the agency to generate revenue sufficient to fund all of the agency’s operations and internal expenses, as well as to make an annual deposit of $700,000 to the general revenue fund. SB 959, relating to the law pertaining to architectural barriers, amends certain provisions of the Architectural Barriers Act. See “What’s New – Landscape Architecture” and “Practice Tips: Avoiding a TDLR Referral to TBAE” for more details. SB 1133, relating to the procurement by a governmental entity of certain professional services, amends certain provisions of the Professional Volume IV, Issue 1

AGENCY Services Procurement Act. See “What’s New – Landscape Architecture” for more details. SB 677, relating to the creation and operation of a windstorm advisory committee, replaces the current 16-member advisory committee with a new committee called the Windstorm Building Code Advisory Committee on Specifications and Maintenance. The new committee consists of nine members: three building industry representatives, three insurance industry representatives, and three public members. The bill specifies a minimum number of meetings per year, sets time limits for meeting notifications, establishes procedures for addressing changes to the code, and sets a time limit for the commissioner’s acceptance or rejection of a committee recommendation. HB 2135, relating to the establishment of a mechanic’s lien for landscaping installations, entitles a person who provides labor, plant material, or other supplies for the installation of landscaping for a house, building, or improvement, under or by virtue

of a written contract with the owner or the owner’s agent, trustee, or receiver, to a mechanic’s lien on the property. Y2K Progress Report TBAE is taking an active approach to assessing the changeof-century impact on our agency. The goal of becoming Y2K compliant is an ongoing process which requires vigilance. In 1997, TBAE implemented a 5-phase Y2K contingency plan: Phase 1 – Project Initiation: In February 1997, TBAE assigned a full- time staff member to determine projected methodology. Phase 2 – Inventory: All TBAE systems and software that use date processing were identified. Phase 3 – Analysis and Prioritization: Each computer was tested for Y2K compliance; noncompliant systems were replaced. Our server and all of our computers presently appear to be Y2K compliant. Phase 4 - Remediation: In this phase we are attempting to identify any programs that might become non-compliant and to create a contingency plan that will See page 11

MOVING? BE SURE TO NOTIFY THE TBAE OFFICE Please print or type all information

Name of Registrant: ___________________________________________ Reg. No:____________ Architect _

__________

Landscape Architect _________

Interior Designer __________

Old Address:__________________ New Address:_________________ _____________________________

____________________________

_____________________________

____________________________

Work Phone # _________________

Home Phone #________________

Fax # ________________________ E-mail ______________________ Date:________________ Signature: _____________________________

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WHAT’s NEW Congratulations to John Glass! TBAE wishes to congratulate Architect John W. Glass who recently passed the ARE at the age of 83. Mr. Glass studied under Frank Lloyd Wright at Taliesin in 1943, and we are pleased to welcome him to the profession! Congratulations to Chao-Chiung Lee, AIA, TBAE Board member, who was recently appointed to NCARB’s International Committee. “The Price of Progress” You might be interested in reading an article concerning the Architect Registration Exam in the May 1999 issue of Architecture magazine. This article, entitled “The Price of Progress,” is the first of a two-part report on NCARB written by Eric Adams. Part two, “The Common Good,” is in the June issue. TBAE Chairman John Greer is quoted and a resolution by Texas State Representative Jessica Farrar is mentioned. Did You Take The Exam Prior To 1983? To satisfy the NCARB examination requirement for Council Certification, you must have passed an examination in accordance with

ARCHITECTURE NCARB requirements in effect at the time you took the exam. Prior to the current ARE, candidates had to pass the four-part Professional Examination (1973-1978) or Professional Examination Section B (1979-1982). NCARB required that candidates must have passed three parts in one sitting in order to receive credit. The failed part needed to be passed within the next two sittings. Those who took the Professional Exam but failed to pass at least three parts in the first sitting may now retain credit for any part passed per NCARB pass/fail standards. NCARB Member Boards passed a resolution, effective July 1, 1996, allowing credit for any part of the professional examination that was passed. Many applicants had been denied Council Certification prior to July 1, 1996, because of the more stringent requirements in effect at that time. These applicants might now be eligible. Alternatives to Professional Degree Requirement To be eligible for Council Certification, you must apply to NCARB and satisfy requirements for education, training, examination, registration and good character.

Place in an envelope and mail to: TEXAS BOARD OF ARCHITECTURAL EXAMINERS P. O. BOX 12337 AUSTIN, TX 78711-2337

These are described in the Handbook for Interns and Architects, which is available through NCARB. To satisfy NCARB’s educational requirement, an architect registered in the U.S. must hold a professional degree from a program accredited by the National Architectural Accreditation Board (NAAB). A list of NAABaccredited schools is available at www.naab.org, or call NAAB at 202 783 2007. If you do not have a recognized professional degree, NCARB will currently accept one of four alternatives: (1) A high school diploma and the subsequent accumulation of five education credits prior to July 1, 1984. You may earn these credits through ten years’ full-time or 20 years’ parttime experience in architecture, verified by an architect, or through a combination of such experience and post-secondary education. (2) A high school diploma, registration by an NCARB member board before July 1, 1984, and the accumulation of five education credits before or after that date. Options (1) and (2) will expire June 30, 2000. (3) An EESA-NCARB evaluation report from Educational Credential Evaluators (ECE) stating that you have met the NCARB educational requirement through post-secondary education completed partially or entirely outside of the U.S. If you are not able to satisfy any of the above alternatives, this clause might apply if you have a pre-professional degree (e.g. Bachelor of Arts or Science in Architecture plus other acceptable course work); however, such individuals are encouraged to earn the professional degree previously described. (4) Successful completion of the Broadly Experienced Architect (BEA) evaluation process if you do not meet any of the alternatives outlined above. See page 12

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Volume IV, Issue 1

WHAT’s NCIDQ Implements Interior Design Experience Program (IDEP) IDEP is a monitored experience program administered by NCIDQ for graduates of interior design programs. It was developed to assist entry-level designers in obtaining a broad range of professional experience. The program facilitates the essential transition between formal education and professional practice. The purpose of IDEP is to reinforce the interior design graduate’s education; promote the acquisition of professional discipline, skills, and knowledge; provide structure, direction, resources and support to the training experience; contribute to the development of competent interior designers; and enhance the interior design entry-level work experience. The 1999 pilot program is optional and is open only to those individuals who have graduated from a FIDER Professional Level Program within the last two years but will be open to others in the future. In 2000, graduates of other professional level programs, in 2001 graduates of FIDER preprofessional level programs, and in

TBAE Vice-Chairman Elected Regional Director TBAE Board Member and Landscape Architect Cleveland Turner presently serves as CLARB’s Alternate Director for Region 3. New appointments will be voted on at the regional meeting which is being held October 1&2, 1999. Executive Director to Serve on CLARB Committees TBAE’s executive director, Cathy L. Hendricks, ASID/IIDA, has been appointed to serve a second term on CLARB’s 12-member national Strategic Planning Committee. Ms. Hendricks also is chairing the CLARB

NEW

INTERIOR DESIGN 2002 graduates of other preprofessional programs will be eligible to participate. Executive Director to Chair Programming Committee TBAE’s executive director, Cathy L. Hendricks, ASID/IIDA has been appointed by Linda Smith, President of NCIDQ, to chair the Programs Committee for the annual NCIDQ Meeting in November. Texas State Library Subject Headings Thanks to the watchful eye of TBAE Staff Member Echo Bacon, the incorrect synonymous use of the subject headings “interior designer” and “interior decorator” will be eliminated throughout the Texas State Library when the subject matter is the distinct profession of interior design. Robert S. Martin, Director and Librarian of the Texas State Library and Archives Commission, will submit a request to the Library of Congress in Washington, D.C., that its

LANDSCAPE ARCHITECTURE Member Board Administrators Committee. LARE Graders Needed Licensed landscape architects with at least five years of experience subsequent to licensure are needed to serve as exam graders or on the Exam Committee. This is an opportunity for you to meet landscape architects from all over the U.S. and Canada and to help provide a service that strengthens the profession. Qualified applicants should send a letter of interest to Jim Penrod, Director of Examinations at CLARB.

synonymous use of the subject headings “interior designer” and “interior decorator” also be corrected. TBAE notified the Texas State Library that the term “interior design” and title “interior designer” are regulated by law, that there is a distinct difference between a professionally licensed interior designer and an unlicensed interior decorator, and that the Library was incorrectly using the two terms synonymously. Dr. Martin explained that the Texas State Library uses the Library of Congress Subject Headings to provide structured subject access to its library materials, which caused the error to be incorporated into the Texas State Library’s system. Dr. Martin said he would take steps to correct the error in the Texas State Library and would contact the Library of Congress, asking them to do likewise. How To Contact NCIDQ NCIDQ 1200 18th Street, NW Suite 1001 Washington, DC 20036-2506 Tel: 202 721 0220 Fax: 202 721 0221 www.ncidq.orgžž Legislative Changes Texas landscape architects should be aware of several pieces of legislation that recently became part of Texas law. Senate Bill 959 significantly amended the Architectural Barriers Act, which is the Texas statute that requires many facilities to be accessible to persons with disabilities. It mandates that plans and specifications be submitted to the Texas Department of Licensing and Regulation or to an Independent Contract Provider so that a qualified reviewer can verify whether a facility has been designed correctly. Previously, the Architectural Barriers Act designated architects, interior designers, and See page 12

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enforcement issues and actions Texas Disciplinary Cases

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Enforcement Action Registrations Suspended David R. Glunt, Houston, TX (Three-year probated suspension for releasing contract documents to his client which were not conspicuously marked to indicate that they were being issued for review only and were not intended for bidding, permit or construction purposes.) Formal Reprimands David Cannon, Plano, TX (Reprimanded for failing to send the required written notification to the architect who first prepared plans for an architectural project Mr. Cannon was engaged to complete.) S t e p h e n N a l l, D a l l a s , T X (Reprimanded for failing to affix his professional seal to architectural plans and specifications issued to a client for use in Texas.) Faye Nantz, Houston, TX (Reprimanded for aiding or abetting an unregistered person’s violation of the Interior Designers’ Registration law.) Janna Elizabeth Paulson, Austin, TX (Reprimanded for failing to affix her professional seal to interior design plans issued to a client for use in Texas.) Steve Stewart, Amarillo, TX (Reprimanded for preparing plans for a building that exceeded 20,000 square feet prior to his registration as an architect.) David R.C. Te n n a n t , Houston, TX (Reprimanded for failing to properly seal and sign architectural plans and specifications issued to a client for use in Texas.) 8

Cases Against Nonregistrants The Board has ordered the following people to cease practicing architecture or using a form of the title “architect” to describe themselves or services they offer or perform in Texas: Anthony Alofsin, Austin, Tx Arch Anderson, Ft. Worth, Tx Cherri W. Atkins, Lewisville, Tx John Ball, Chandler, AZ (two cases) John P. Cavazos, Edinburg, Tx Benson M. Crowell, Austin, Tx Pat D. Cunningham, Austin, Tx Joe Garteiser, Seabrook, Tx Federico Garza, Woodlands, Tx David Guthrie, Houston, Tx James H. Hall, Lilburn, Ga Norman Helt, Floresville, Tx Saadallah Jabri, Arlington, Tx Pamela Kelley, Dallas, Tx Casey Kite, Dallas, Tx Diane Lohman, Fredericksburg, Tx Phil S. Mayfield, Arlington, Tx John McAllen, San Antonio, Tx Leanne McKinley, Austin, Tx Patrick McKinley, Austin, Tx Juan Miro, Austin, Tx David Moreno, Pharr, Tx Vicky Mullins, Georgetown, Tx James W. O’Neill, Houston, Tx Radu Popescu, Pharr, Tx Chris Quakenbush, Denton, Tx Robert J. Rimes, Houston, Tx David C. Russell, Spring, Tx Mark A. Scudder, Dallas, Tx Mark Arthur Shekter, Dallas, Tx Scott Simmons, Southlake, Tx James Starling, Richardson, Tx Michael A. Suber, Early, Tx Donald Swisher, San Antonio, Tx Mark Van Doren, Houston, Tx Fernando Vasquez, Kingsbury, Tx Brian D. Williams, Early, Tx The Board has ordered the following people to cease using

the title “interior designer” to describe themselves or the term “interior design” to describe services they offer or perform in Texas: Arch Anderson, Ft. Worth, Tx Keely Corona-Smith, Fredericksburg, Tx Ricardo de la Garza, Pharr, Tx Janet Fisher, Blanco Tx Bev Heil, Dallas, Tx Janice Jones, Houston, Tx Casey Kite, Dallas, Tx Amy Leatherman, Kerrville, Tx Laurie Mann, Austin, Tx Leanne McKinley, Austin, Tx Patrick McKinley, Austin, Tx James W. O’Neill, Houston, Tx Mark A. Scudder, Dallas, Tx Mark Arthur Shekter, Dallas, Tx Nancy Stromberg, Greenville, Tx Carol D. Thrash, Ft. Worth, Tx Robert Votion, San Antonio, Tx Judy ZumBerge, Dallas, Tx Corrections In the last issue of the TBAE Bulletin, an enforcement case involving Samuel Bebeau was summarized incorrectly. The Board imposed a $250 fine as a result of the Engineering Board’s finding that Mr. Bebeau illegally practiced engineering by changing or allowing changes to plan sheets sealed by a registered engineer who acted as a consultant on a project for which Mr. Bebeau was the prime design professional. TBAE regrets that Mr. Bebeau’s case was described incorrectly. In the same issue, Truett Roberts was listed with those individuals ordered not to use the title “Architect” in the State of Texas. Truett Roberts currently is a registered Architect in the State of Texas and may now use that title.ž Volume IV, Issue 1

rules review Registration Numbers in Advertisements In the Summer 1998 TBAE Bulletin, we reported that as of January 1, 2000, TBAE would begin enforcing rules 1.146 (architects), 3.146 (landscape architects) and 5.156 (interior designers) which require registrants to include their professional registration numbers in all advertisements. Due to a number of factors, active enforcement will not begin until January 1, 2001. Amendments to the Rules Since the publication of our last TBAE Bulletin (Summer 1998), the Board has amended or repealed the following rules. You can download a copy of these rules from our web site. All Three Professions 1.10, 3.10, 5.10. Committees. The Board repealed these rules. Effective February 26, 1999, the Board is no longer required to appoint a standing rules committee or a standing personnel committee. Architects 1.27. Continuance, and 1.83. Annual Record Maintenance Fee. Effective August 26, 1999, the Board amended these two rules to make the collection of record maintenance fees correspond to TBAE’s fiscal year end. Landscape Architects 3.28. Reciprocal Transfer. Effective February 26, 1999, this rule was amended to require all reciprocal landscape architectural applicants to submit a CLARB record. 3.86. Reciprocal Transfer Fee. Effective February 26, 1999, this rule was amended to clarify how the registration fee for a reciprocal license is determined. Look for more rule changes in early 2000. The rules are available on TBAE’s web site.

Architectural Practice and Title Restrictions TBAE recognizes that a number of interns working in architectural firms have chosen to forego the registration process because they are busy taking on responsible roles in architectural projects. Both the intern and the architectural firm should take care to ensure that the Architects’ Registration Law (Article 249a, Vernon’s Texas Civil Statutes) is not violated when the intern is working on an architectural project. Most importantly, although the very goal of the internship requirement is that interns gain practical experience in providing design services, the intern should not act as a substitute for a licensed architect. TBAE often becomes aware of situations where interns violate the title restrictions of the Architects’ Registration Law. These restrictions allow only licensed architects to use any form of the title “architect” to identify themselves and/or their work. Interns sometimes run afoul of the law when they use the title “intern architect” or “project architect.” These titles are prohibited. An intern, or any other unlicensed person, should not utilize a title that includes a form of the word “architect.” A more appropriate title might be something like “John Doe, Intern for Smith and Jones Architects.” A related problem involves persons working in Texas architectural firms who are licensed as architects in other states. Like interns, these people may NOT use any form of the title “architect” to identify themselves and/or their work. They may not be identified by using titles such as “project architect,” “architect,” or even “architectural designer.” A violation of the title restrictions is a criminal offense in Texas. Also, violations committed in Texas are reported to all other states’ registration boards. When an architectural firm employs any draftsperson who is not a registered Texas architect, the firm should be

cautious about potential violations of the Architects’ Registration Law’s practice restrictions as well. If a particular project requires an architect,1 then a Texas architect must either prepare the designs and specifications for the project or directly supervise their preparation. “Direct supervision” requires much more than periodic review of the plans and specifications. It requires that the architect and the person being supervised “work in close proximity to one another” and that the architect have “both control over and detailed professional knowledge of” the plans and specifications as they are being prepared. Whether the draftsperson is an intern or is registered as an architect in another state, he or she may not single-handedly perform design services for any project that requires an architect; in such a situation, the draftsperson must work closely with a registered Texas architect. The practice and title restrictions discussed above can be confusing. If you have questions, TBAE’s enforcement staff will be happy to assist you.

Even if a project fits into one of the exemptions to the Architects’ Registration Law, such as the exemption for single-family homes, an architect will be required if a form of the title “architect” is used in connection with the project. This could mean that a firm with a name that includes any form of the word “architect” must utilize a registered architect for every project. 1

Rules Review TBAE currently is in the process of reviewing and revising all three sets of the rules that govern the professionals we regulate. This is a mammoth task. We hope to develop sets of rules that will enable us to protect the public effectively but also will allow our registrants to practice their professions without the See page 13

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Questions and answers There has been a lot of confusion regarding the “corporate status” requirement for companies that offer to provide architectural, landscape architectural and interior design services. Here are answers to some of the most common questions. What is corporate status? Corporate status is another way for TBAE to protect the public by ensuring that design services are performed by qualified professionals. Although Texas does not register businesses per se, any business that offers architectural services or offers services designated as “landscape architecture” or “interior design” in Texas must provide TBAE with certain information, including a list of all registered professionals working for the company, a description of the types of services offered, and a notarized affidavit signed by a “Professional of Record.” Necessary forms and further information may be acquired by contacting TBAE’s enforcement division at 512 305 8530. Once TBAE has received and verified all the necessary information,

a “No Objection” letter is issued to the business.

rule may be found in your Rules & Regulations in Subchapter G under the heading “Business Names.”

Does this law only apply to corporations? No. Despite the designation “corporate status,” this regulation applies to any legally organized business that is practicing architecture, or offering architectural, “landscape architectural” or “interior design” services. This includes partnerships, sole proprietorships and companies which use a professional’s name (e.g., John Smith, Architect & Associates).

Is it necessary for all registered employees to fill out an affidavit? No. TBAE only requires one affidavit per division (i.e., one “Architect of Record” affidavit if your business offers architectural services; one “Interior Designer of Record” affidavit if your business offers “interior design” services; one “Landscape Architect of Record” affidavit if your company offers “landscape architectural” services).

Is this a new law? This regulation has been in effect since the late 1980’s. However, many companies still have not provided the required information. TBAE recently has been taking a more proactive stance in enforcing the corporate status rules. Although we have not taken disciplinary action against anyone for failing to comply with the corporate status rules, we do ask that noncompliant firms provide the information. The specific

Is there a fee? Is our company assigned a registration number? No. Corporate status is not a registration or a certification, and there is no fee involved. TBAE simply keeps a database of all approved businesses. Please contact TBAE’s enforcement division (512 305 8530) for any additional information or to request the necessary forms to ensure compliance with corporate status laws.ž

Board meeting highlights October 1998 The executive director announced that TBAE’s Strategic Plan is on the TBAE web site. The Strategic Plan crystallizes what the agency is trying to accomplish. The Board instructed the staff to draft a resolution and letter to NCARB stating that the Board supports every available action to assure that cost savings on the Architect Registration Exam are returned to the candidates. The Board began a comprehensive review of all provisions of the Rules and Regulations of the Board. The review began with the chapters that govern professional seals.

January 1999 The Board voted to take the following resolution to the SC/ NCARB spring meeting: RESOLVED: that due to savings in the cost of administering the ARE that have been realized by NCARB, the Texas Board of Architectural Examiners shall request of NCARB that a portion of such savings be passed on to candidates by reducing the exam fee. The Board voted to adopt three policies: ARE Voucher Exchanges;

Annual Record Maintenance Fees for ARE Candidates; and Falsified Documents. See “What’s New Candidates” on page 3 for details. The Board repealed rules 1.10, 3.10, and 5.10 and adopted an amendment to rules 3.28 and 3.86. See “Amendments to the Rules” on page 9 for details. The Board formally recognized three outgoing Board members: Maricela Rodriguez Barr, Mary Ann Bryan, and Mary French Cable. They were presented with framed documents which set forth their individual achievements and service to TBAE. See page 13

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Avoiding TDLR Referral (continued from page 2)

are sent to the owner. You do not need to have the owner sign the Project Registration Form before your submission. As long as a design professional signs the form, the owner’s signature is not required. 2. DELEGATING RESPONSIBILITY: If you assign the task of submitting the plans and specs to another person and the other person fails to submit them within the five-day time period, you will be held responsible for that failure. The legislature has made the design professional strictly liable for the timely submission of the plans and specs. 3. REVIEW FEES: The payment of the review fee is the responsibility of the owner, not the design professional. However, the owner’s failure to send a check does not relieve you of the responsibility to submit the plans and specs within the five-day time period. TBAE recommends that you (1) get the fee up front, (2) pay the fee and then obtain reimbursement from the owner, or (3) as a last resort, submit the plans and specs without the review fee and explain to the reviewer that you are submitting only the plans and specs because you want to ensure timely submission and the owner’s review fee should follow. 4. FAST-TRACK PROJECTS: Plans and specs for fast-track projects should be submitted as each phase of the design is completed. Again, you must submit plans and specs for TAS review within five days of the sealing date. With each phase, include a transmittal letter that explains the partial submission Volume IV, Issue 1

and includes the project’s registration number. 5. OVERALL RESPONSIBILITY: Texas law places responsibility for timely submission on the professional who has “overall responsibility” for the design of the project. That person should be identified on the project registration form and should sign the form. If you do not have overall responsibility, do not sign the form! You can call TDLR for guidance if you are not sure who has “overall responsibility.” 6. PROTOTYPES: A project registration form and drawings that note site adaptations must be submitted for EACH location. 7. LANDSCAPE ARCHITECTS: The Texas legislature recently added landscape architects to the list of design professionals who could be responsible for the timely submission of a project’s plans and specifications. Landscape architects should make sure they are familiar with submission requirements.

National Council for Interior Design Qualification Examination: Exam Date: 10/1&2/99 Sections Tested: All Sections Application Deadline: 6/1/99 Exam Notice Mailed: 7/15/99 Exam Fee Due: 8/1/99 Architect Registration Examination: There are no application or payment deadlines. The exam is available year round, six days a week. Latest NCIDQ Exam Results The results of the April 1999 NCIDQ are in and the news is good! Thirty-four candidates passed and are eligible to be registered as interior designers. With each exam administration, we have more and more successful candidates. TBAE began with 14 candidates who took the exam in 1993 and currently there are almost 400 active NCIDQ exam candidates. Congratulations to all those who passed this year! ž Y2K Progress Report (continued from page 5)

temporarily solve the problem until errant systems can be brought TBAE strives to process TDLR back into compliance. Phase 5 – Maintain referrals in a manner that is fair, Compliance: This follow-up phase reasonable, and efficient. If you ensures that normal business think TBAE might have made an error while processing a particular activity will not introduce new nonTDLR referral, please notify TBAE’s compliance issues once the remediation activities have been enforcement division right away.ž completed. This testing will continue beyond the year 2000. What’s New: Candidates (continued from page 3) We are nearing the end of phase 4 and are working on phase Next Exam Dates 5. All of our vendors have been Landscape Architectural Registration contacted. As responses are received, we will implement Examination (LARE): appropriate action to address any Exam Date: 12/6&7/99 foreseeable problems. We will Sections Tested: C & E make every effort to stay Y2K Application Deadline: 8/15/99 compliant.ž Exam Notice Mailed: 8/31/99 Exam Fee Due: 10/1/99 11

Professional Degree (continued from page 6)

To qualify for consideration, you must have at least ten years of substantial and verifiable postregistration experience in responsible charge of an architectural practice. If you have post-secondary education, you must get an EESA-NCARB evaluation report from ECE describing your deficiencies. As a BEA candidate, you must prepare an educational dossier to demonstrate that your experience has compensated for your educational deficiencies. Then, a team of trained architects will interview you and advise NCARB’s Board of Directors as to whether you have met the educational requirement based on knowledge gained through your experience. At the NCARB Annual Meeting and Conference in Charleston, SC June 23-27, Member Boards voted to lift the sunset provision on the Broadly Experienced Architect (BEA) alternative for satisfying the NCARB education standard. This means that this program will not end on July 1, 2000, as previously announced, and architects who do not hold a professional degree that is accredited by the National Architectural Accrediting Board (NAAB) may take advantage of the BEA avenue to NCARB certification indefinitely. For complete details on procedures and requirements for the BEA, please see the NCARB Education Standard which is available on the NCARB website. For further information about educational requirements for architects registered in the U.S., request a copy of the NCARB Education Standard or direct specific questions to the Council’s Operations and Services Department at 202 879 0528.

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Non-Texas Architects: General Guidelines for Work in Texas The Architects’ Registration Law states that a non-Texas architect may provide architectural services in Texas in two situations: 1. The non-Texas architect must act as a consultant for a Texas architect; or 2. A Texas architect must act as a consultant for the non-Texas architect. The Texas architect must seal all contract documents, and the nonTexas architect must seal any documents prepared by the nonTexas architect. However, the nonTexas architect must be careful not to imply, either directly or indirectly, that he or she is registered in Texas. To accomplish this, the non-Texas architect could sign as “John Doe, California Registered Architect.” The architect acting as the consultant must indicate next to the consultant’s seal that he or she acted as a consultant only. This could be accomplished by signing as “John Doe, Consultant.” TBAE has advised architects that, at a minimum, the Texas architect’s role must involve the following services: 1. Collaboration in the development of all architectural contract documents (review of completed documents is NEVER sufficient); 2. Participation in the coordination of non-architectural consultants’ work; 3. Participation in construction supervision (if construction supervision is part of the architect’s contractual duties); and 4. Direct interaction with the client at all stages of the project. TBAE also has advised that the best way to prevent any misunderstanding regarding the non-Texas architect’s registration status is to

develop a written notification, perhaps as a provision in the contract for services, that informs the client of each architect’s registration status and specific role in the project. In addition, the non-Texas architect should not send business cards, stationery, or other similar items into Texas if they refer to him or her as an “architect.” Anyone with questions about this issue should contact TBAE’s enforcement division at 512 305 8530. How To Contact NCARB NCARB 1735 New York Ave., Suite 700 Washington, DC 20006 Tel: 202 783 6500 Fax: 202 783 0290 www.ncarb.org ž Legislative Changes (continued from page 7)

engineers as the parties responsible for making sure plans and specifications were submitted for review in a timely manner. The amendments have changed the statute so that landscape architects now are included among the design professionals who are responsible for the timely submission of plans and specifications. Please note that it is the design professional with “overall responsibility” for the design of the facility who must ensure that the plans and specifications are submitted on time. If there is not a single design professional with “overall responsibility,” then the owner must submit the plans and specifications. Failure to abide by the Architectural Barriers Act could result in a referral to the appropriate professional licensing board for disciplinary action. Senate Bill 1133 added landscape architecture to the list of professional

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tbae details services that are subject to the Professional Services Procurement Act. This statute mandates that a governmental entity follow a very specific procedure when selecting a provider of professional services. Most importantly, the governmental entity may not solicit competitive bids from professional service providers. Instead, the governmental entity must make an initial selection based on qualifications only. Once a qualified service provider has been selected, the governmental entity must then try to negotiate a reasonable price with the selected service provider. If they are not able to agree on a price, the governmental entity must select another professional service provider on the basis of qualifications and then move to the price negotiation phase with that service provider. Failure to abide by the Professional Services Procurement Act results in the automatic cancellation of the contract for services. Without a valid contract for services, a governmental entity usually will not be authorized to remit payment for the services. How To Contact CLARB CLARB 12700 Fair Lakes Circle, Ste. 110 Fairfax, VA 22033 Tel: 703 818 1300 Fax: 703 818 1309 www.clarb.orgž Rules Review (continued from page 9)

interference of regulations that are unnecessarily cumbersome. In order to accomplish our goals, we need input from the practitioners who are familiar with the day-to-day issues that confront design professionals. To that end, we welcome your suggestions. We encourage you to review the revisions we have drafted, which soon will be posted on our web site, and then fax or mail in your comments. At each of our Board meetings, additional rules will be reviewed and revised.ž Volume IV, Issue 1

The TBAE Team Cathy L. Hendricks Executive Director Carolyn Lewis Deputy Director Cynthia Canfield General Counsel Cynthia Robertson Dir. of Enforcement Trish Prehn Executive Assistant Joy Knutson Human Resources Analyst Gail Hile Communications Support Adm. Lucy Sweeney Dir. of Information Technology Vacant Linda Hubbard Shirley Syphrett Thelma McPhaul Mary Helmcamp Jackie Blackmore Chris Arrington Echo Bacon Beatriz Lewellen

and Security Dir. of Accounting Financial Asst. Administrator Financial Asst. Administrator Financial Asst. Administrator Dir. of Registration Registration Evaluator Registration Records Coord. Registration Records Coord. Receptionist

Board Meeting Highlights (continued from page 10)

WEB

SITES

Following is a list of important web sites for use by all TBAE registrants. The Internet is a good source of timely and accurate information that will help architects, interior designers, and landscape architects keep abreast of current events and professional issues. TBAE strongly recommends that all registrants refer to these sites (and others) on a regular basis. Texas Board of Architectural Examiners (TBAE) www.tbae.state.tx.us State of Texas Government Information www.texas.gov National Council of Architectural Registration Boards (NCARB) www.ncarb.org

May 1999 Due to the cap on travel funds, the Board held a short teleconference to revoke those registrants who had failed to pay their renewal fees. No other business was conducted.

Council of Landscape Architectural Registration Boards (CLARB) www.clarb.org

August 1999 The Board adopted amendments to rules 1.27 and 1.83 to make the collection of record maintenance fees correspond to TBAE’s fiscal year which ends August 31, 1999. The Board members also proposed amendments and new rules pertaining to the creation of an inactive registration status for architects, landscape architects, and interior designers. ž

Texas Society of Architects (TSA) www.tsalink.com

Registration Status Online TBAE has added a look-up feature to our web site that allows access to information regarding all architects, landscape architects, and interior designers registered in Texas. This feature is in a database format allowing searches by registrant name, city, or registration number. There is a separate list of those professionals who have been registered within the preceding 30 days.ž

Texas Department of Licensing and Regulation (TDLR) www.license.state.tx.us

National Council for Interior Design Qualification (NCIDQ) www.ncidq.org

American Society of Landscape Architects (ASLA) www.asla.org International Interior Design Association (IIDA) www.iida.org American Society of Interior Designers (ASID) www.asid.org

Access Board (Architectural and Transportation Barriers Compliance Board) www.access-board.gov U.S. Department of Justice www.usdoj.gov/crt/ada/adahom1.htm

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PERMIT NO. 363

TEXAS BOARD OF ARCHITECTURAL EXAMINERS PO Box 12337 Austin, TX 78711-2337 512 305 9000 512 305 8900 fax

AUSTIN, TX U.S. POSTAGE PAID BULK RATE

This publication by theTexas Board of Architectural Examiners is intended to facilitate understanding and communication and to provide updated information to help safeguard life, health, property, and the public welfare of the people of the State of Texas.

important dates Renewals for:

Odd Registration Numbers

Even Registration Numbers

Architects

July 31

February 29

Interior Designers

December 1

June 1

Landscape Architects

February 1

August 31

Sep 13, 1999 Oct 14-15, 1999 Jan 27-28, 2000

Last day to submit items for October 1999 Board Meeting agenda October Board Meeting January Board Meeting

IMPORTANT INFORMATION ENCLOSED: KEEP THIS BULLETIN FOR FUTURE REFERENCE 14

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