Current through Register Vol. 35, No. 18, September 24, 2024
Architects registered in New Mexico will be required to show
compliance with mandatory education requirements as a condition for renewing
registration:
A. Purpose and scope:
(1) These rules provide for a continuing
education program to insure that all architects remain informed of these
technical subjects necessary to safeguard life, health, property, and promote
the public welfare.
(2) Continuing
education is post licensure learning that enables a registered architect to
increase or update knowledge of and competence in technical and professional
subjects related to the practice of architecture to safeguard the public's
health, safety and welfare.
(3)
These rules apply to all architects registered in New Mexico.
B. Definitions:
(1) "Continuing education hour" is one
continuous instructional hour (minimum 50 minutes) spent in structured
educational activities intended to increase or update the architect's knowledge
and competence in health, safety and welfare subjects. If the provider of the
structured educational activities prescribes a customary time for completion of
such an activity, then such prescribed time shall, unless the board finds the
prescribed time to be unreasonable, be accepted as the architect's time for
continuing education hour purposes irrespective of actual time spent on the
activity.
(2) "Health, safety and
welfare in architecture" is anything that relates to the structure or soundness
of a building or site or its role in promoting the health, safety or well-being
of its occupants.
(3) "Health,
safety and welfare subjects" are technical and professional subjects in
continuing education that the board deems appropriate to protect the public and
that are within the following enumerated areas necessary for the proper
evaluation, design, construction and utilization of buildings and the built
environment.
(a) Building systems: structural,
mechanical, electrical, plumbing, communications, security, fire
protection.
(b) Construction
contract administration: contracts, bidding, contract negotiations.
(c) Construction documents: drawings,
specifications, delivery methods.
(d) Design: urban planning, master planning,
building designs, site design, interiors, safety and security
measures.
(e) Environmental: energy
efficiency, sustainability, natural resources, natural hazards, hazardous
materials, weatherproofing, insulation.
(f) Legal: laws, codes, zoning, regulations,
standards, life safety, accessibility, ethics, insurance to protect owners and
public.
(g) Materials and methods:
construction systems, products, finishes, furnishings, equipment.
(h) Pre-design: land use analysis,
programming, site selection, site and soils analysis, surveying.
(i) Preservation: historic, reuse,
adaptation.
(4)
"Structured educational activities" are educational activities in which at
least seventy-five percent of an activity's content and instruction time must
be devoted to health, safety and welfare subjects related to the practice of
architecture, including courses of study or other activities under the areas
identified as health, safety and welfare subjects and provided by qualified
individuals or organizations, whether delivered by direct contact or distance
learning methods.
C.
Requirements:
(1) In addition to all other
requirements for registration renewal, an architect must complete a minimum of
12 continuing education hours each calendar year or be exempt from these
continuing education requirements as provided below. Failure to complete these
requirements may result in non-renewal of the architect's registration or other
disciplinary action by the board. Architects shall be assessed an
administrative fee of $100.00 for each continuing education hour they fail to
complete. In addition to the fee, the architect shall be required to make up
the deficient health safety welfare continuing education hours within 60 days.
A first violation of this provision shall not be reported as disciplinary
action to NCARB. Two or more violations of this provision shall be reported as
disciplinary action to NCARB. Special circumstances will be reviewed by the
subcommittee at its discretion.
(2)
Continuing education hours must be completed in health, safety and welfare
subjects acquired in structured education activities. Continuing education
hours may be acquired at any location, whether delivered by direct contact or
distant learning methods. Excess continuing education hours may not be credited
to a future renewal.
D.
Activities: The following list shall be used by all registrants in determining
the types of activities that would fulfill continuing education requirements:
(1) continuing education hours in attendance
at short courses or seminars dealing with architectural subjects and sponsored
by academic institutions;
(2)
continuing education hours in attendance at technical presentations on
architectural subjects which are held in conjunction with conventions or at
seminars related to materials use and functions; such presentations as those
sponsored by the American institute of architects, construction specifications
institute, construction products manufacturers council or similar organizations
devoted to architectural education may qualify;
(3) continuing education hours in attendance
at short courses or seminars related to new technology and offered by colleges,
universities, professional organizations or system suppliers;
(4) continuing education hours spent in
self-study courses such as those sponsored by the national council of
architectural registration boards, American institute of architects or similar
organizations;
(5) up to three
preparation hours may be credited for each class hour spent teaching
architectural courses or seminars; college or university faculty may not claim
credit for teaching regular curriculum courses;
(6) up to three continuing education hours
spent in architectural research that is published or formally presented to the
profession or public;
(7) college
or university credit courses dealing with architectural subjects; each semester
hour shall equal 15 continuing education hours; a quarter hour shall equal 10
continuing education hours;
(8) up
to four continuing education hours in service to the public that is directly
related to the practice of architecture in the area of health, safety and
welfare.
E. Records and
record-keeping:
(1) A registered architect
shall complete and submit forms prescribed or accepted by the board certifying
to the architect's having obtained the required continuing education hours.
Documentation of reported continuing education hours shall be maintained by the
architect for three years from the date of award.
(2) One continuing education hour shall
represent a minimum of actual course time. No credit will be allowed for
introductory remarks, meals, breaks or administrative matters related to
courses of study.
(3) Failure to
fulfill the continuing education requirements may result in non-renewal of an
architect's certificate of registration and will result in the administrative
or disciplinary actions set forth in Subsection C of this section.
Certification of fulfillment of continuing education requirements without
completion of the continuing education may result in disciplinary
action.
(4) Any untrue or false
statements or the use thereof with respect to course attendance or any other
aspect of continuing education activity is fraud or misrepresentation and may
subject the registrant to additional disciplinary action.
F. Initial registration by examination: An
architect whose initial examination registration (not reciprocity) occurs less
than 12 months from December 31st shall not be required to report continuing
education hours for that calendar year. An architect whose initial examination
registration occurs more than 12 months prior to December 31st shall be
required to complete 12 continuing education hours within the final calendar
year prior to renewal.
G.
Reinstatement: Pursuant to Section
61-15-7 NMSA 1978, a former
registrant may only apply for reinstatement and renewal of an expired
certificate under
16.30.3.13 NMAC if delinquent
continuing education hours are earned as required by Subparagraph (a) of
Paragraph (3) of Subsection B of
16.30.3.11 NMAC, i.e. 12
continuing education hours each calendar year while registration is expired or
be exempt from these continuing education requirements as provided
below.
H. Exemptions: A registrant
shall be deemed to have complied with the foregoing continuing education
requirements if the architect attests in the required affidavit that for not
less than 21 months of the preceding two-year-period of registration, the
architect:
(1) has served honorably on active
duty in the military service (exceeding 90 consecutive days); or
(2) is a government employee working as an
architect and assigned to duty outside the United States, or outside the
jurisdiction established by the national council for architectural registration
boards.
I. The board may
consider a hardship case under extenuating circumstances to modify the
requirements established by these rules.
J. Audit: A number of registrants shall be
selected at random to submit substantiating information to support their
continuing education claim. If any credits are disallowed by the board, then
the registrant shall have 60 calendar days after notification to substantiate
the original claim or obtain other continuing education hours to meet the
minimum requirements. Such continuing education hours shall not be used again
in the next renewal cycle. Any registrant found to be non-compliant with the
minimum continuing education hours requirement will result in the
administrative or disciplinary actions set forth in Subsection C of this
section. Additional audits may be conducted at the board's
discretion.
K. Non-compliance:
Failure to comply with the requirements of this section shall result in
non-renewal of registration and forfeit of the renewal fee.
