New Mexico Board of Examiners for Architects.
[16.30.3.1 NMAC - Rp 16 NMAC 30.3.1, 9/6/2001]

Provisions for Part 3 apply to any person registered as an architect, or to anyone applying for registration as an architect in New Mexico.
[16.30.3.2 NMAC - Rp 16 NMAC 30.3.2, 9/6/2001]

Subsection C of Section 61-15-4 NMSA 1978 prescribes that “The board…may make rules not inconsistent with law.”
[16.30.3.3 NMAC - Rp 16 NMAC 30.3.3, 9/6/2001]

Permanent.
[16.30.3.4 NMAC - Rp 16 NMAC 30.3.4, 9/6/2001]

September 6, 2001, unless a different date is cited at the end of the section. [16.30.3.5 NMAC - Rp 16 NMAC 30.3.5, 9/6/2001]

The objective of this rule is to clearly establish guidelines and procedures for registration and registration renewal as an architect in New Mexico and for issuance of a duplicate certificate of registration and to provide specifications and guidelines for the use of an individual seal and for document identification.
[16.30.3.6 NMAC - Rp 16 NMAC 30.3.6, 9/6/2001]

[Reserved.]
[16.30.3.7 NMAC - Rp 16 NMAC 30.3.7, 9/6/2001]

1. The examination and reciprocity committee shall make its recommendations to the board regarding the qualifications of applicants for registration. A majority vote of the members of the board shall be required in determining those applicants qualified for registration.
2. The applicant shall be of good character and repute. Factors that the board may consider under this qualification are:
   • (1) conviction of a felony;
   • (2) misstatement or misrepresentation of fact by the applicant in connection with his or her application;
   • (3) violation of any of the standards of conduct required by registration holders and set forth in the statutes or rules and regulations; or
   • (4) practicing architecture without a valid and current registration in the jurisdiction in which the practice took place.
3. Rules and procedures set out herein for obtaining registration in New Mexico apply equally to residents of the state and non-residents.
4. An oral interview before the board may be required of any applicant for New Mexico registration;
5. All applicants must pass the New Mexico architectural jurisprudence exam administered by the board. Failure to answer all questions may result in a failing grade. An applicant who has failed two (2) successive architectural jurisprudence exams shall not be eligible to apply for architectural registration for a period of one (1) year from the date of the last jurisprudence exam failed.
6. All registration and application fees are non-refundable

[16.30.3.8 NMAC - Rp 16 NMAC 30.3.8, 9/6/2001; A, 9/15/2002]

1. Registration standards shall be in accordance with those of the National Council of Architectural Boards (NCARB) as described under “standards of eligibility for Council certification” in the latest editions of the NCARB Handbook for Interns and Architects and the NCARB Education Standard.
2. Training requirements shall satisfy the NCARB standards of training. The applicant shall provide a NCARB Intern Development Program (IDP) record number showing enrollment in IDP. The education standard shall be in accord with NCARB guidelines as set forth in the latest edition of the NCARB handbook for interns and architects, the NCARB education standard and IDP guidelines. Copies of the latest editions of the NCARB Handbook for Interns and Architects, the NCARB Education Standard and the IDP Guidelines are available from the board office or NCARB.
3. Application for examination:
   • (1) Individuals applying for registration by examination shall request application forms from the board. The application, together with the application fee, shall be sent to the board office.
   • (2) Applications will be accepted at any time, for review and approval by the board. Approved examination candidates will schedule examinations with NCARB. The board may require applicants for examination to appear before it for a personal interview.
   • (3) To pass the Architect Registration Examination (A.R.E.), an applicant must achieve a passing grade on each division. A passing grade for any division of the A.R.E. shall be valid for five (5) years, after which time the division must be retaken unless all divisions have been passed. NCARB may allow a reasonable extension of such period in circumstances where completion of all divisions is prevented by a medical condition, by active duty in military service or by other like causes. The transition rules are as follows:
     • (a) for applicants who have passed all divisions of the A.R.E. by January 1, 2006, regardless of the time taken, such applicants will have passed the A.R.E;
     • (b) for applicants who have passed one or more but not all divisions of the A.R.E. by January 1, 2006, such applicants will have five (5) years to pass all remaining divisions; a passing grade for any remaining division shall be valid for five (5) years, after which time the division must be retaken if the remaining divisions have not been passed; the five (5) year period shall commence after January 1, 2006, on the date when the first passed division is administered;
     • (c) for applicants who have passed no divisions of the A.R.E. by January 1, 2006, such applicants shall be governed by the the above five (5) year requirement; the five (5) year period shall commence on the date when the first passed division is administered.
   • (4) In case an applicant does not qualify for examination, he or she shall be informed of the cause and apprised of his or her rights under the Uniform Licensing Act, Sections 61-1-1 through -31 NMSA 1978. Should the applicant subsequently meet the requirements for examination, he or she may resubmit the application.
4. Examination materials and results shall be confidential and shall not be considered public records. Nothing therein shall prevent the board from reporting an applicant’s scores to the architectural registration boards in other jurisdictions or to the National Council of Registration Boards (NCARB). The board shall give written notification to an applicant no later than thirty (30) days after the board receives the results from NCARB.
5. Special provisions for examinees with disabilities:
   • (1) Any examinee requiring special examination provisions to accommodate a qualifying temporary or permanent disability as defined by the Americans with Disabilities Act, including any modification of the Architect Registration Examination administration process, must submit a written request for such provisions at least ninety (90) days prior to the exam, including documentation justifying such request.
   • (2) The board shall have the right to solicit additional information within thirty (30) days of such request. The examinee shall provide such additional information within ten (10) days following receipt of the board’s request.
6. Examination application fee:
   • (1) in-state …………… $50.00
   • (2) out-of-state ………. $100.00

[16.30.3.9 NMAC - Rp 16 NMAC 30.3.9, 9/6/2001; A, 9/16/2004]

1. An individual who holds a current NCARB certificate and is seeking registration through reciprocity or endorsement shall return a completed application and all fees to NCARB for processing. The application shall be valid for six (6) months from the time received by the board from NCARB.
2. A person currently registered as an architect in another jurisdiction who is not certified by NCARB may apply for a New Mexico architectural license upon receiving an NCARB broadly experienced architect certificate or an NCARB broadly experienced foreign architect certificate.
3. Each applicant must attest on an affidavit that the applicant:
   • (1) has not performed or offered to perform, and will not perform or offer to perform, architectural services in the state of New Mexico until such time as the applicant becomes a New Mexico registered architect;
   • (2) is in good standing and has disclosed all requested information on disciplinary proceedings in any other jurisdiction; and
   • (3) has secured a copy and has read the Architectural Act, Sections 61-15-1 through -13 NMSA 1978 and the New Mexico board of examiners for architects rules and regulations, and shall comply with the same.
4. All applicants must pass a New Mexico architectural jurisprudence exam administered by the board. An applicant who has failed two (2) successive architectural jurisprudence exams shall not be eligible to apply for architectural registration for a period of one (1) year from the date of the last jurisprudence exam failed.
5. Applicants for registration through reciprocity or endorsement shall present a certificate of good standing from a jurisdiction in which a current and valid registration is held.
6. Seismic design requirements: Applicants for registration through reciprocity or endorsement shall present evidence satisfactory to the board of their qualification in design for seismic forces. The evidence shall be based on NCARB requirements existing at the time of application.
7. The board may require an applicant for registration through reciprocity or endorsement to appear before the board for a personal interview and to complete a written or oral examination.
8. The board shall review all applications on a case-by-case basis.
9. Provisional registration:
   • (1) An applicant for registration through reciprocity or endorsement may be issued a provisional registration prior to full registration upon satisfaction of the following requirements:
     • (a) the applicant has complied with all requirements prescribed in Subsections A-G of 16.30.3.10 NMAC above;
     • (b) the board director has certified that the application is complete and there are no apparent disciplinary actions pending or in force in any jurisdiction at the time of the application; and
     • (c) the exam and reciprocity committee has reviewed the application and will recommend registration at the next board meeting.
   • (2) The board may issue provisional registration to an applicant upon the review and recommendation of the application by the exam and reciprocity committee.
   • (3) Any provisional registration shall be valid only from the date of issuance through the date of the next regularly scheduled board meeting.
   • (4) An applicant for registration through reciprocity or endorsement who has received provisional registration and who engages in the practice of architecture during the term of provisional registration shall do so under the regulatory authority of the Architectural Act, Sections 61-15-1 through -13 NMSA 1978 and these rules and regulations.
10. Upon approval of the board, a new registrant will receive a wall certificate within a reasonable period following the board’s decision.

[16.30.3.10 NMAC - Rp 16 NMAC 30.3.10, 9/6/2001; A, 9/15/2003; A, 9/16/2004; A, 9/9/2005; A, 12/23/2005]

1. Fees: Renewal fees are paid biennially in even-numbered years. New registrations occurring in a non-renewal year shall be prorated on a yearly basis and shall expire on December 31st of that odd-numbered year. The fees for two (2) years are:
   • (1) in state …………….$225.00
   • (2) out of state ……….. $325.00
     1. Continuing education: Effective December 31, 2001, all architects will be required to show compliance with these mandatory education requirements as a condition for renewing registration:
     2. (1) Purpose and scope:
        • (a) 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.
        • (b) Continuing education is focused on registrants becoming more proficient at their architectural practice. Activities not at an architectural registrant level or within an architectural context cannot be claimed for continuing education credit.
          • (c) These rules apply to all architects registered in New Mexico.
        • (2) Definitions:
        • (a) “Eligible contact hour” means fifty (50) minutes actual time engaged in continuing education activities supported by documentation of content and registrant participation.
        • (b) “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.
        • (c) “Public protection hours” means continuing education contact hours in which the subject matter is health, safety and welfare as defined in Subparagraph (b) of Paragraph (2) of Subsection B of 16.30.3.11 NMAC above. Twenty-four (24) public protection hours are required for each renewal cycle.
          • (d) “Continuing education provider” means any association, organization or business entity which supplies structured, architectural registrant continuing education activities and the corresponding documentation of content and participation. If a continuing education provider includes a testing component to be successfully completed in order to receive a certificate, the registrant must complete all phases of the provider’s program. Contact hours shall be credited as indicated by the provider.
        • (3) Requirements:
        • (a) To renew registration, in addition to other requirements, an architect must have acquired continuing education for each 24-month period since the architect’s last renewal of initial registration, or be exempt from these continuing education requirements as provided below. Failure to comply with these requirements may result in non-renewal of the architect’s registration, or other disciplinary action, or both.
        • (b) Renewal period: For any 24-month biennial renewal period a total of twenty-four (24) contact hours from the activities listed in Paragraph (4) of Subsection B of 16.30.3.11 NMAC below must be reported. All twenty-four (24) contact hours shall be in public protection subjects: safeguarding life, health, property and promoting the public welfare.
   • (4) Activities: The following list shall be used by all registrants in determining the types of activities that would fulfill continuing education requirements:
     • (a) contact hours in attendance at short courses or seminars dealing with architectural subjects and sponsored by academic institutions;
     • (b) contact 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;
     • (c) contact hours in attendance at short courses or seminars related to business practice or new technology and offered by colleges, universities, professional organizations or system suppliers;
     • (d) contact 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;
     • (e) 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;
     • (f) up to three (3) contact hours spent in architectural research that is published or formally presented to the profession or public;
     • (g) college or university credit courses dealing with architectural subjects or business practice; each semester hour shall equal fifteen (15) contact hours; a quarter hour shall equal ten (10) contact hours;
     • (h) up to four (4) contact hours in service to the public that is directly related to the practice of architecture in the area of public protection, also known as health, safety and welfare.

(5) Records and record-keeping:

• (a) 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. Registrants also shall maintain substantiating information in support of each continuing education claim.
• (b) One (1) 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.
• (c) Failure to fulfill the continuing education requirements, or file the required biennial report, properly and completely signed, shall result in non-renewal of an architect’s certificate of registration.
• (d) 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 will subject the registrant to revocation of registration or other disciplinary action.

(6) Initial registration:

• (a) An architect whose initial registration occurs less than twelve (12) months from the December 31st deadline of the next renewal cycle shall not be required to report continuing education hours.
• (b) An architect whose initial registration occurs more than twelve (12) months from the December 31st deadline of the next renewal cycle but less than twenty-four (24) months from the date of initial registration shall be required to report twelve (12) contact hours, all of which shall be in public protection subjects.

(7) Reinstatement: A former registrant may only apply for reinstatement under 16.30.3.13 NMAC if all delinquent contact hours are earned within the twenty-four (24) months preceding the application to renew. However, if the total number of contact hours required to become current exceeds twenty-four (24), then twenty-four (24) shall be the maximum number of contact hours required.

(8) 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 twenty-one (21) months of the preceding two-year period of registration, the architect:

• (a) has served honorably on active duty in the military service (exceeding ninety (90) consecutive days); or
• (b) is a government employee working as an architect and assigned to duty outside the United States.

(9) The board may consider a hardship case.

(10) 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 one hundred and eighty (180) calendar days after notification to substantiate the original claim or obtain other contact hours to meet the minimum requirements. Such contact hours shall not be used again in the next renewal cycle. Additional audits may be conducted at the board’s discretion.

(11) Non-compliance: Failure to comply with the requirements of this section shall result in non-renewal of registration and forfeit of the renewal fee.

[16.30.3.11 NMAC - Rp 16 NMAC 30.3.11, 9/6/2001; A, 9/15/2003; A, 4/15/2004; A, 9/16/2004; A, 3/12/2006; A, 5/4/2008]

1. All certificates of registration shall expire in the same year.
2. A certificate expires upon the death of a registrant

[16.30.3.12 NMAC - Rp 16 NMAC 30.3.11.2, 9/6/2001]

1. A registrant whose license has expired for no more than one (1) month shall be required to pay the registration fee and a late fee of fifty ($50) dollars.
2. A reinstatement applicant whose license has been expired for more than one (1) month shall be required to:
   • (1) pay a registration fee and a penalty equal to one (1) year’s registration fee for each year expired but in no case shall the penalty exceed three times the annual registration fee;
   • (2) submit a signed and notarized reinstatement affidavit; and
   • (3) complete continuing education requirements as stated in Paragraph (7) of Subsection B of 16.30.3.11 NMAC; at the board’s discretion, the former registrant may be required to present evidence to the board of continued proficiency, complete additional requirements, and appear personally before the board in order that the board may determine whether to renew the lapsed certificate.
3. Reinstatement of a certificate that has been lapsed for more than three (3) years requires submittal of an NCARB certificate and required application forms.

[16.30.3.13 NMAC - Rp 16 NMAC 30.3.11.3, 9/6/2001; A, 9/15/2002; A, 4/15/2004; A. 5/4/2008]

[16.30.3.14 NMAC - Rp 16 NMAC 30.3.11.4, 9/6/2001; A, 9/15/2002; Repealed, 9/16/2004]

Upon written request, any architect registered in New Mexico who is sixty (60) years of age or older may renew his or her registration for a biennial fee of twenty dollars ($20.00) if the following requirements are met:

1. The registrant shall be sixty (60) years of age or older and retired from the practice of architecture on the date of his or her registration renewal. Retired means that the architect no longer practices architecture and no longer stamps and certifies construction documents with his or her seal.
2. The registrant shall have ten (10) years of continuous registration as an architect, five (5) years as a registered architect in New Mexico.
3. In the event an architect emeritus wishes to reinstate a registration to practice architecture, the board may require proof of proficiency and the fulfillment of additional requirements deemed necessary.

[16.30.3.15 NMAC - Rp 16 NMAC 30.3.11.5, 9/6/2001; A, 9/15/2003]

The board may, after consideration of a written request from a registrant outlining the circumstances supporting the request, authorize the issuance of a duplicate certificate of registration. The fee for supplying such a certificate shall be thirty-five dollars ($35.00) and the duplicate certificate will be clearly marked as such.
[16.30.3.16 NMAC - Rp 16 NMAC 30.3.12, 9/6/2001]

The board requires that each registrant display his or her certificate of registration in a conspicuous location in his or her place of business.
[16.30.3.17 NMAC - Rp 16 NMAC 30.3.13, 9/6/2001]

1. Registration seal specifications: Each architect registered for practice within the state of New Mexico shall secure a registration seal of the following design: The seal shall secure a registration seal of the following design: The seal shall have two (2) concentric circles with the outer circle measuring 1-3/4 inches in diameter and the inner circle being 1-1/4 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.
2. 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 shall be as defined in Subsection N of 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 Subsection B, Project Exemptions, of 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 (5) 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.
   • (5) An exception to Paragraph (4) of Subsection B of 16.30.3.18 NMAC above is made for architects who review, adapt, and seal prototypical projects provided that:
     • (a) 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) the New Mexico registered architect has permission of the plan owner to adapt the documents; and
     • (c) all previous title blocks and seals have been removed. In applying his or her seal, the New Mexico registered architect assumes full responsibility for the documents as if prepared by or under the architect’s responsible charge.
   • (6) An exception to Paragraph (4) of Subsection B of 16.30.3.18 NMAC above is made for kit-of-parts. A kit-of-parts is a manufactured item and the New Mexico registered architect is not responsible for the components.
   • (7) 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.
   • (8) 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.
3. 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 multi-seal 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.
4. 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.

[16.30.3.18 NMAC - Rp 16 NMAC 30.3.14, 9/6/2001; A, 9/15/2002; A, 9/16/2004]

• (1) Registrants shall notify the board of a change of address to either their business address or residential address within 30 days of a move.
• (2) Registrants who fail to notify the board of a change of address to either their business address or residential address shall be subject to a penalty of twenty-five dollars ($25.00).

[16.30.3.19 NMAC - N, 9/15/2002; A, 9/16/2004]

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:
BEA 68-1, Architectural Law And Rules And Regulations, 7-1-68.
BEA 69-1, Architectural Law And Rules And Regulations, 6-17-69.
BEA 70-1, Architectural Law And Rules And Regulations, 7-28-70.
BEA 74-1, Roster Of Registered Architects Laws Rules Regulations, 8-30-74.
BEA 78-1, Board Of Examiners For Architects, 9-19-78.
NMBEA 85-1, Architectural Act Rules And Regulations, 2-7-85.
NMBEA 86-1, Architectural Act Rules And Regulations, 4-9-86.
NMBEA 88-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 6-22-88.
NMBEA 89-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 11-28-89.
Regulation No. NMBEA 90-1, State Of New Mexico Board Of Examiners For Architects Rules And Regulations, 8-14-90.
NMBEA Rule 4, NCARB Examinations, 6-23-80.

History of Repealed Material:
16 NMAC 30.3, Registration And Renewal, Duplicate Certificates, Seal Specifications And Document Identification, - Repealed, 9-6-01.