W. Va. Code R. § 2-1-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 2-1-2 - Definitions

2.1. Terms defined in W. Va. Code § 30-12-2 have the same meanings when used in this rule unless the context or subject matter clearly requires a different interpretation.

2.2. As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.2.1. Applicant -- An individual who has submitted an application for initial registration or registration renewal to the Board.

2.2.2. ARE® - The current Architect Registration Examination prepared by NCARB.

2.2.3. AXP -- Architectural Experience Program, formerly named Intern Development Program (IDP), as developed and administered by NCARB to earn and record professional experience in six broad experience areas.

2.2.4. Calendar Year -- a twelve-month period beginning on January first and ending on December thirty first.

2.2.5. "Certificate," "license" or "registration" -- means the certificate of registration issued by the Board to registered architects pursuant to W. Va. Code § 30-12-1 et seq.

2.2.6. Commercial Structure -- Any privately, corporately, or publicly owned structure used for interchange of goods, commodities, trades, services, education, social relations, entertainment, and/or which may be used by the general public as transient visitors or as employees.

2.2.7. Continuing Education -- 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.

2.2.8. Continuing Education Hour -- One continuous instructional hour spent in Structured Educational Activities intended to increase the architect's knowledge and competence in Health, Safety, and Welfare Subjects.

2.2.9. Division -- A unit of the ARE® that tests the applicant's knowledge of a certain subject area.

2.2.10. Education Requirements -- The education requirements including equivalences established for certification from time to time by NCARB, as accepted by the Board.

2.2.11. Emeritus Architect -- A registrant who has retired from the active practice of architecture and meets the criteria established in this rule.

2.2.12. Examination -- The Architect Registration Examination® (ARE®), prepared by and administered through NCARB, as accepted by the Board.

2.2.13. "Felony" -- means a felony related to the fitness of an architect to practice architecture, including those crimes that have dishonesty as a fundamental and necessary element. Felonies that, upon conviction, constitute grounds for disciplinary action by the Board include, but are not limited to:

2.2.13.a. False swearing or perjury in a court proceeding related to the applicant's practice of architecture;

2.2.13.b. Felonies involving theft, bribery, embezzlement, forgery, falsification or destruction of records, fraud or misrepresentation; and

2.2.13.c. Any other felony offense demonstrating a lack of business integrity or business honesty.

2.2.14. Fiscal Year -- a twelve-month period beginning on July first and ending on June thirtieth.

2.2.15. Health, Safety, and Welfare Subjects -- Technical and professional subjects that the Board considers appropriate to safeguard 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.

CONSTRUCTION & EVALUATION: construction contract administration and post-occupancy evaluation of projects: preconstruction activities, construction observation, administrative procedures and protocols, and project closeout and evaluation.

PRACTICE MANAGEMENT: management of architectural practice and the details of running a business: business operations, finance, risk and development of practice, practice-wide delivery of services, and practice methodologies.

PROGRAMMING & ANALYSIS: evaluation of project requirements, constraints, and opportunities: environmental and contextual conditions, codes and regulations, site analysis and programming, and building analysis and programming.

PROJECT DEVELOPMENT & DOCUMENTATION: integration and documentation of building systems, material selection, and material assemblies into a project: integration of building materials and systems, construction documentation, project manual and specifications, codes and regulation, and construction cost estimates.

PROJECT MANAGEMENT: management of architectural projects through execution: resource management, project work planning, contracts, project execution, and project quality control.

PROJECT PLANNING & DESIGN: preliminary design of sites and buildings: environmental conditions and context, codes and regulation, building systems, materials, and assemblies, project integration of program and systems, and project costs and budgeting.

2.2.16. Intern -- An individual in the process of satisfying this registration Board's training requirements. This includes graduates from accredited architectural programs, architecture students who acquire acceptable training prior to graduation, and other qualified individuals identified by these regulations.

2.2.17. Multi-family Residential Structure -- Residential structures including apartments, and condominiums having three or more residential units.

2.2.18. NAAB -- The National Architectural Accrediting Board.

2.2.19. NCARB -- The National Council of Architectural Registration Boards.

2.2.20. Principal -- An individual who is (a) a registered architect and (b) in charge of an organization's architectural practice, either alone or with other registered architects.

2.2.21. Professional negligence -- means negligence demonstrating a wanton indifference to the interests of the public that caused, or that had a substantial likelihood of causing, serious harm to the public. A civil judgment for malpractice in the practice of architecture is not conclusive proof that an architect is guilty of professional negligence sufficient to support the imposition of professional discipline.

2.2.22. Prototypical Building -- Any commercial structure or space within a commercial structure 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.

2.2.23. 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 a current and valid certification issued by NCARB that identify such architect together with the architect's registration number, jurisdiction of registration, and NCARB certificate number and that are marked "Prototypical Design 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 the local conditions, including site conditions and local codes, and may require additional design as well.

2.2.24. Reinstatement -- The process of restoring an architectural registration after either an intervening period of inactive status of between sixmonths and five years or a period of emeritus status of any length.

2.2.25. Renewal -- The process of continuing an active architectural registration from one fiscal year to the next with either no intervening period of inactive status or an intervening period of inactive status of less than sixmonths.

2.2.26. 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, and 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 submission throughout their preparation.

2.2.27. Structured Educational Activities -- Continuing Educational activities in which the teaching methodology consists primarily of the systematic presentation of Health, Safety, and Welfare Subjects by qualified individuals or organizations, including monographs, courses of study taught in person or by distance learning, correspondence, organized lectures, presentations or workshops and other means through which identifiable technical and professional subjects are presented in a planned manner.

2.2.28. "Willful departure from accepted standards of professional conduct" means:

2.2.28.a. Default on obligations owed to the state in connection with the practice of architecture, including but not limited to obligations under the West Virginia workers' compensation act, the West Virginia unemployment compensation act, and West Virginia state tax and revenue laws;

2.2.28.b. Willful failure to substantially perform in accordance with the terms of a contract or subcontract;

2.2.28.c. Performance in violation of standards established by law or generally accepted standards for the practice of architecture amounting to intentionally deficient or grossly negligent performance on a contract;

2.2.28.d. Specification of substandard materials, or design defects amounting to intentionally deficient or grossly negligent performance; or

2.2.28.e. Any other cause of a serious and compelling nature amounting to knowing and willful misconduct in the practice of architecture.

W. Va. Code R. § 2-1-2