Current through Register Vol. 35, No. 18, September 24, 2024
A.
"Architect" means an architect registered in New Mexico as defined
in Section
61-15-2 NMSA 1978.
B.
"Architect-of-record" means
the architect licensed by the state who is in responsible charge of the
project, who designs and prepares the construction documents from which the
building is constructed, and who signs and seals the required
documents.
C.
"Architectural
services" means services for projects located in New Mexico that shall
be performed by a registered architect or under the architect's responsible
charge as defined in Section
61-15-2 NMSA 1978.
D.
"Competence" means:
(1) in the practice of architecture, an
architect shall act with reasonable care and competence and shall apply the
technical knowledge and skill that is ordinarily applied by architects of good
standing practicing in New Mexico;
(2) an architect shall undertake to perform
professional services only when the architect, together with those whom the
architect may engage as consultants, is qualified by education, training and
experience or ability in the specific technical areas involved; and
(3) an architect shall take into account all
applicable state and municipal building codes, laws and regulations; an
architect may rely on the opinion of others (example: attorneys, engineers,
building officials) as to the intent and meaning of the codes, laws and
regulations.
E.
"Consulting associate architect" means an architect who is acting
in an advisory capacity to a registered architect, and whose present position
is subordinate to the registered architect as described in Paragraph (1) of
Subsection A of Section
61-15-8 NMSA 1978.
F.
"Felony conviction" means
conviction of a felony with a copy of the record of conviction, certified by
the clerk of the court entering the conviction, serving as conclusive
evidence.
G.
"Gross
negligence" means:
(1) being habitually
guilty of neglect toward professional responsibilities in the practice of
architecture as determined by the board; or
(2) being found extremely careless and
lacking in ordinary care and concern in the practice of architecture; should
the board not discipline an architect for a single act of gross negligence, the
board does not waive the right to invoke sanctions against the architect for
repeated acts of gross negligence.
H.
"Incidental practice of architecture
and engineering" means:
(1)
architectural work incidental to engineering shall be that architectural work
provided on projects with a building construction value not greater than six
hundred thousand dollars ($600,000) and having a total occupant load not
greater than 50;
(2) engineering
work incidental to architecture shall be that engineering work provided on
projects with a building construction value not greater than six hundred
thousand dollars ($600,000) and having a total occupant load not greater than
50;
(3) all buildings and related
structures within the regulatory provisions of the New Mexico Building Codes
General, Title 14, Chapter 7 NMAC will require the proper authentication of the
building construction documents by all participating disciplines in accordance
with their respective governing acts on projects with a building construction
value greater than six hundred thousand dollars ($600,000) or having a total
occupant load greater than 50, with the exception of:
(a) single-family dwellings not more than two
stories in height;
(b) multiple
dwellings not more than two stories in height containing not more than four
dwelling units of wood-frame construction; provided this paragraph shall not be
construed to allow a person who is not registered under the Architectural Act
to design multiple clusters of up to four dwelling units each to form apartment
or condominium complexes where the total exceeds four dwelling units on any
lawfully divided lot;
(c) garages
or other structures not more than two stories in height which are appurtenant
to buildings described in Subparagraphs (a) and (b) above; or
(d) nonresidential buildings, as defined in
the New Mexico Building Codes General, Title 14, Chapter 7 NMAC or additions
having a total occupant load of 10 or less and not having more than two stories
in height, which shall not include E-3 day care, H (hazardous) or I
(institutional) occupancies;
(e)
alterations to buildings or structures which present no unusual conditions,
hazards or change of occupancy.
(4) the owner, user or using agency shall
select the prime design professional (architect or engineer) for any project
based on the requirements and nature of the project.
(5) occupant load shall be defined and
determined by the method set forth in the current, adopted code.
I.
"Incompetency"
means:
(1) being adjudicated mentally
incompetent by a court; or
(2)
engaging in conduct which evidences a lack of knowledge, ability or fitness to
discharge the duty and responsibility owed by the architect to a client and to
the public in order to safeguard life, health and property and to promote
public welfare.
J.
"Intern architect" is a person who is actively pursuing completion
of the requirements for diversified training in accordance with rules of the
board.
K.
"Misconduct"
means:
(1) knowingly preparing or stamping
construction documents in violation of applicable codes, laws or
regulations;
(2) stamping and
signing construction documents, specifications, reports or other professional
work not prepared under the architect-of-record's responsible charge, as
defined herein;
(3) engaging in any
conduct involving fraud or deceit related to the business or practice of
architecture;
(4) making any false
statement or giving any false information in connection with an application for
registration or for renewal of registration;
(5) being convicted of a crime related to the
practice of architecture with a copy of the record of the conviction, certified
by the clerk of the court entering the conviction, serving as conclusive
evidence;
(6) violating federal or
state statute or rule that directly relates to the practice of
architecture;
(7) being unable to
practice architecture with reasonable skill and safety to clients by reason of
use of alcohol, drugs, narcotics, chemicals, or any other type of material or
as a result of any mental or physical condition;
(8) making any substantial misrepresentation
in the course of practice including, but not limited to, false, misleading or
deceptive advertising or fraudulent or misleading claims;
(9) using or altering material prepared by
another person without the knowledge and consent of that person;
(10) using the professional seal of another
person without the knowledge and consent of that person;
(11) engaging in conduct in conflict with the
Code of Conduct for Architects (16.30.4 NMAC);
(12) engaging in conduct that the architect
knows or should know through professional knowledge or experience is not within
the acceptable standard for professional conduct that is ordinarily applied by
architects of good standing practicing in the state of New Mexico or that is
set forth in the board's Minimum Standards for the Practice of Architecture in
New Mexico, (16.30.6 NMAC);
(13)
violating the Architectural Act, Sections
61-15-1 through 13 NMSA 1978, the
rules and regulations of the board, or the architectural laws of any other
state or jurisdiction;
(14)
incurring a prior disciplinary action in another state or jurisdiction based
upon acts or conduct by the registrant which if committed in this state would
subject the registrant to disciplinary action by the board; certified copies of
the record of disciplinary action shall be conclusive evidence thereof;
and
(15) failing to report to the
board any adverse action taken against the registrant by the licensing board of
another jurisdiction or the national council of architectural registration
boards (NCARB) for acts or conduct that would constitute grounds for
disciplinary action by the board.
(16) Knowingly allowing an unauthorized
person to use the architect's seal.
L.
"NCARB" means the national
council of architectural registration boards.
M.
"Practice of architecture" as
defined in Section
61-15-2 NMSA 1978, means rendering
or offering to render architectural services. "Offering to render" is defined
as soliciting or executing architectural services as defined in Section
61-15-2 NMSA 1978.
N.
"Project" means the building
or a group of buildings and the space within the site surrounding the buildings
as defined in the construction documents (Subsection H of Section
61-15-2 NMSA 1978). Architectural
and engineering stamps are required for any subsequent and physically linked
construction to a project which, when seen together with the original
construction, would have required architectural and engineering
seals.
O.
"Responsible
charge" means that all architectural services have been or will be
performed under the direction, guidance and restraining power of a registered
architect who has exercised professional judgment with respect thereto. An
architect's placing of the architect registration seal and signature on a
document certifies that the architect has exercised direction, guidance and
judgment on all issues pertaining to the health, safety and general welfare of
the public, and accepts all legal responsibility for all architectural matters
embodied within the document which shall meet the acceptable standards of
architectural practice in the state of New Mexico as put forth by the board
(Subsection I of Section
61-15-2 NMSA 1978).
P.
"Signature" shall mean
handwritten or electronic as follows:
(1) a
handwritten identification that represents the act of putting one's name on a
document to attest to its validity; the handwritten identification must be:
(a) original and written by hand;
(b) permanently affixed to the original
document(s) being certified;
(c)
applied to the document by the identified registrant; or
(2) an electronic identification that is
attached to or logically associated with an electronic document; the electronic
identification must be:
(a) unique to the
person using it;
(b) under the sole
control of the registrant using it;
(c) linked to a document in such a manner
that the electronic identification is invalidated if any data in the document
is changed.
