Current through Register Vol. 35, No. 18, September 24, 2024
A. Registration seal specifications: Each
architect registered in the state of New Mexico shall secure a registration
seal of the following design: The seal shall have two concentric circles with
the outer circle measuring one and three-quarter inches in diameter and the
inner circle being one and one-quarter inches in diameter. The upper portion of
the annular space between the two circles shall bear the words "STATE OF NEW
MEXICO" and the lower portion shall bear the words "REGISTERED ARCHITECT". The
space enclosed by the inner circle shall bear the name of the architect and his
or her registration number. In no event shall the seal contain more than one
name of an architect. By placement of a seal and signature on a drawing, an
architect verifies that his or her registration is valid and that he or she is
practicing in accordance with the Architectural Act, Sections
61-15-1 through 13 NMSA 1978 and
these rules and regulations.
B. Use
of registration seal:
(1) Each original sheet
of construction drawings and each cover sheet of specifications, submitted for
permitting, and reports, prepared by or under the responsible charge of an
individual architect, must bear the imprint of the seal with the signature of
that architect and the date of the signature closely aligned to the seal. The
name and address of the architect must also appear on the sealed page. A
registrant may apply a seal, signature and date of signature by hand. A
registrant may affix an electronically-generated seal, signature, and date of
signature. An electronic signature may be utilized provided the registrant
utilizes a secure method of affixation; the registrant does not authorize any
other person to so affix; and the registrant and client have agreed to conduct
transactions by electronic means. Drawings, reports or documents that are
signed using an electronic signature shall employ an authentication procedure
to ensure the validity of the electronic signature. Signature must satisfy
requirements defined in
16.30.1.7 NMAC.
(2) As provided in the Architectural Act,
Subsection A of Section
61-15-7 NMSA 1978, all plans,
specifications, plats and reports prepared by an architect or under the
architect's responsible charge shall be signed and sealed by that architect,
including all plans and specifications prepared by the architect or under the
architect's responsible charge on work described in project exemptions, under
Section 61-15-9 NMSA 1978.
(3) Placing of multiple architectural seals
on plans, specifications or reports shall not be permitted. The
architect-of-record must seal, sign and date all construction drawings,
specifications, and reports prepared by or under the supervision of that
architect. In doing so, the architect-of-record assumes full responsibility for
these documents.
(4) Reviewing, or
reviewing and correcting, technical submissions after they have been prepared
by others does not constitute the exercise of responsible charge because the
reviewer has neither control over nor detailed knowledge of the content of such
submissions throughout their preparation. Any registered architect signing or
sealing technical submissions not prepared by that architect but prepared under
the architect's responsible charge by persons not employed in the office where
the architect is resident, shall maintain and make available to the board upon
request for at least five years following such signing and sealing, adequate
and complete records demonstrating the nature and extent of the architect's
control over and detailed knowledge of such technical submissions throughout
their preparation. An exception is made for:
(a) architects who review, adapt, and seal
prototypical projects provided that the project qualifies as a prototypical
project meaning the original plans were designed by other architects, engineers
or architects and engineers with the intent of being used in several diverse
locations with local adaptations;
(b) a kit-of-parts that is a manufactured
item and the New Mexico registered architect is not responsible for the
components.
(5)
Architectural and engineering seals are required for any subsequent and
physically linked construction to a project which, when seen together with the
original construction, would have required both seals.
(6) A legally applied seal and signature is a
permanent part of construction documents and may not be removed for non-payment
of fees or other civil action.
C. Assumption of projects:
(1) Sealed work: Prior to sealing, signing
and dating work, a successor registered architect shall be required to notify
the original architect, his successors, or assign, by certified letter to the
last known address of the original registered architect, of the successor's
intention to use or reuse the original registered architect's work. A successor
registered architect must use his or her own title block, seal and signature
and must remove the title block, seal and signature of the original architect
before sealing, signing and dating any sealed construction drawings and
specifications. The successor registered architect shall take full
responsibility for the drawings as though they were the successor's original
product.
(2) Unsealed work: When an
architect assumes responsibility of an incomplete project, the following
evaluation must occur before the architect can be said to have exhibited
responsible charge over the project:
(a)
Program: the architect shall meet with the client to assure that the client's
needs are met.
(b) Codes: the
architect shall assure that the project is in compliance with all federal,
state, and local regulation.
(c)
Coordination: the architect shall assure coordination with the other
professionals in a project.
(d)
Analysis: the architect shall assure the project meets all technical,
aesthetic, and quality requirements and that site and environmental issues have
been addressed.
(e) The architect
of record who assumes the incomplete project shall be charged with keeping
records of the project for five years.
D. Plan checking: Any authorized person
checking documents for compliance with any applicable statutes, codes,
ordinances, rules or regulations such as building codes, fire codes or zoning
ordinances may "red-line" and list changes to meet such applicable statutes,
codes, ordinances, rules and regulations, as this is not the practice of the
profession. However, a person may not modify a professional document submitted
for review unless that modification is supported by reference to an applicable
code or standard. A non-registrant shall not modify, in any manner, a document
embodying the discretion or judgment of a registrant without the express
permission of the architect who is in responsible charge.