22 Tex. Admin. Code § 1.5 - Terms Defined Herein
The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) The Act--The
Architects' Registration Law.
(2)
Administrative Procedure Act (APA)--Texas Government Code §§
2001.001 et
seq.
(3) APA--Administrative
Procedure Act.
(4) Applicant--An
individual who has submitted an application for registration or reinstatement
but has not yet completed the registration or reinstatement process.
(5) Architect--An individual who holds a
valid Texas architectural registration certificate granted by the
Board.
(6) Architect Registration
Examination (ARE)--The standardized test that a Candidate must pass in order to
obtain a valid Texas architectural registration certificate.
(7) Architect Registration Examination
Financial Assistance Fund (AREFAF)--A program administered by the Board which
provides monetary awards to Candidates and newly registered Architects who meet
the program's criteria.
(8)
Architects' Registration Law-- Chapter 1051, Texas Occupations Code.
(9) Architectural Barriers Act-- Texas
Government Code, Chapter 469.
(10)
Architectural Experience Program-- The comprehensive architectural experience
program established, interpreted, and enforced by NCARB, or the predecessor
Intern Development Program.
(11)
Architectural Intern--An individual enrolled in the Architectural Experience
Program (AXP).
(12) ARE--Architect
Registration Examination.
(13)
AREFAF--Architect Registration Examination Financial Assistance Fund.
(14) AXP--The Architectural Experience
Program.
(15) Barrier-Free
Design--The design of a building or a facility or the design of an alteration
of a building or a facility which complies with the Texas Accessibility
Standards, the Americans with Disabilities Act, the Fair Housing Accessibility
Guidelines, or similarly accepted standards for accessible design.
(16) Board--Texas Board of Architectural
Examiners.
(17) Cancel,
Cancellation, or Cancelled--The termination of a Texas architectural
registration certificate by operation of law two years after it expires without
renewal by the certificate-holder.
(18) Candidate--An Applicant approved by the
Board to take the ARE.
(19)
CEPH--Continuing Education Program Hour(s).
(20) Chair--The member of the Board who
serves as the Board's presiding officer.
(21) Construction Documents--Drawings;
specifications; and addenda, change orders, construction change directives, and
other Supplemental Documents prepared for the purpose(s) of Regulatory
Approval, permitting, or construction.
(22) Consultant--An individual retained by an
Architect who prepares or assists in the preparation of technical design
documents issued by the Architect for use in connection with the Architect's
Construction Documents.
(23)
Contested Case--A proceeding, including a licensing proceeding, in which the
legal rights, duties, or privileges of a party are to be determined by a state
agency after an opportunity for adjudicative hearing.
(24) Continuing Education Program Hour
(CEPH)--At least fifty (50) minutes of time spent in an activity meeting the
Board's continuing education requirements.
(25) Council Certification--Certification
granted by NCARB to architects who have satisfied certain standards related to
architectural education, training, and examination.
(26) Delinquent--A registration status
signifying that an Architect:
(A) has failed
to remit the applicable renewal fee to the Board; and
(B) is no longer authorized to Practice
Architecture in Texas or use any of the terms restricted by the Architects'
Registration Law.
(27)
Emeritus Architect (or Architect Emeritus)--An honorary title that may be used
by an Architect who has retired from the Practice of Architecture in Texas
pursuant to Texas Occupations Code, §
1051.357.
(28) Energy-Efficient Design--The design of a
project and the specification of materials to minimize the consumption of
energy in the use of the project. The term includes energy efficiency
strategies by design as well as the incorporation of alternative energy
systems.
(29) Feasibility Study--A
report of a detailed investigation and analysis conducted to determine the
advisability of a proposed architectural project from a technical architectural
standpoint.
(30) Good Standing--
(A) a registration status signifying that an
Architect is not delinquent in the payment of any fees owed to the Board;
or
(B) an application status
signifying that an Applicant or Candidate is not delinquent in the payment of
any fees owed to the Board, is not the subject of a pending TBAE enforcement
proceeding, and has not been the subject of formal disciplinary action by an
architectural registration board that would provide a ground for the denial of
the application for architectural registration in Texas.
(31) Governmental Entity--A Texas state
agency or department; a district, authority, county, municipality, or other
political subdivision of Texas; or a publicly owned Texas utility.
(32) Governmental Jurisdiction--A
governmental authority such as a state, territory, or country beyond the
boundaries of Texas.
(33)
Inactive--A registration status signifying that an Architect may not Practice
Architecture in the State of Texas.
(34) Institutional Residential Facility--A
building intended for occupancy on a 24-hour basis by persons who are receiving
custodial care from the proprietors or operators of the building. Hospitals,
dormitories, nursing homes and other assisted living facilities, and
correctional facilities are examples of buildings that may be Institutional
Residential Facilities.
(35)
Licensed--Registered.
(36) Member
Board--An architectural registration board that is part of the nonprofit
federation of architectural registration boards known as NCARB.
(37) NAAB--National Architectural Accrediting
Board.
(38) National Architectural
Accrediting Board (NAAB)--An agency that accredits architectural degree
programs in the United States.
(39)
National Council of Architectural Registration Boards (NCARB)--A nonprofit
federation of architectural registration boards from fifty-four (54) states and
territories of the United States.
(40) NCARB--National Council of Architectural
Registration Boards.
(41)
Nonregistrant--An individual who is not an Architect.
(42) Practice Architecture--Perform or do or
offer or attempt to do or perform any service, work, act, or thing within the
scope of the Practice of Architecture.
(43) Practicing Architecture--Performing or
doing or offering or attempting to do or perform any service, work, act, or
thing within the scope of the Practice of Architecture.
(44) Practice of Architecture--A service or
creative work applying the art and science of developing design concepts,
planning for functional relationships and intended uses, and establishing the
form, appearance, aesthetics, and construction details for the construction,
enlargement, or alteration of a building or environs intended for human use or
occupancy, the proper application of which requires education, training, and
experience in those matters.
(A) The term
includes:
(i) establishing and documenting the
form, aesthetics, materials, and construction technology for a building, group
of buildings, or environs intended to be constructed or altered;
(ii) preparing or supervising and controlling
the preparation of the architectural plans and specifications that include all
integrated building systems and construction details, unless otherwise
permitted under Texas Occupations Code, §
1051.606(a)(4);
and
(iii) observing the
construction, modification, or alteration of work to evaluate conformance with
architectural plans and specifications described in clause (ii) of this
subparagraph for any building, group of buildings, or environs requiring an
architect.
(B) The term
"practice of architecture" also includes the following activities which,
pursuant to Texas Occupations Code §
1051.701(a),
may be performed by a person who is not registered as an Architect:
(i) programming for construction projects,
including identification of economic, legal, and natural constraints and
determination of the scope and spatial relationship of functional
elements;
(ii) recommending and
overseeing appropriate construction project delivery systems;
(iii) consulting, investigating, and
analyzing the design, form, aesthetics, materials, and construction technology
used for the construction, enlargement, or alteration of a building or environs
and providing expert opinion and testimony as necessary;
(iv) research to expand the knowledge base of
the profession of architecture, including publishing or presenting findings in
professional forums; and
(v)
teaching, administering, and developing pedagogical theory in academic settings
offering architectural education.
(45) Principal--An architect who is
responsible, either alone or with other architects, for an organization's
Practice of Architecture.
(46)
Prototypical--From or of an architectural design intentionally created not only
to establish the architectural parameters of a building or facility to be
constructed but also to serve as a functional model on which future variations
of the basic architectural design would be based for use in additional
locations.
(47) Public Entity--A
state, a city, a county, a city and county, a district, a department or agency
of state or local government which has official or quasi-official status, an
agency established by state or local government though not a department thereof
but subject to some governmental control, or any other political subdivision or
public corporation.
(48)
Registered--Licensed.
(49)
Registrant--Architect.
(50)
Regulatory Approval--The approval of Construction Documents by the applicable
Governmental Entity after a review of the architectural content of the
Construction Documents as a prerequisite to construction or occupation of a
building or a facility.
(51)
Reinstatement--The procedure through which a Surrendered or revoked Texas
architectural registration certificate is restored.
(52) Renewal--The procedure through which an
Architect pays a periodic fee so that the Architect's registration certificate
will continue to be effective.
(53)
Responsible Charge--That degree of control over and detailed knowledge of the
content of technical submissions during their preparation as is ordinarily
exercised by registered architects applying the applicable architectural
standard of care.
(54) Revocation
or Revoked--The termination of an architectural registration certificate by the
Board.
(55) Rules and Regulations
of the Board--22 Texas Administrative Code §§1.1et seq.
(56) Rules of Procedure of SOAH--1 Texas
Administrative Code §§155.1et seq.
(57) Secretary-Treasurer--The member of the
Board responsible for signing the official copy of the minutes of each Board
meeting and maintaining the record of Board members' attendance at Board
meetings.
(58) Signature--A
personal signature of the individual whose name is signed or an authorized copy
of such signature.
(59) SOAH--State
Office of Administrative Hearings.
(60) Sole Practitioner--An Architect who is
the only design professional to offer or render architectural services on
behalf of a business entity.
(61)
State Office of Administrative Hearings (SOAH)--A Governmental Entity created
to serve as an independent forum for the conduct of adjudicative hearings
involving the executive branch of Texas government.
(62) Supervision and Control--The amount of
oversight by an architect overseeing the work of another whereby:
(A) the architect and the individual
performing the work can document frequent and detailed communication with one
another and the architect has both control over and detailed professional
knowledge of the work; or
(B) the
architect is in Responsible Charge of the work and the individual performing
the work is employed by the architect or by the architect's employer.
(63) Supplemental Document--A
document that modifies or adds to the technical architectural content of an
existing Construction Document.
(64) Surrender--The act of relinquishing a
Texas architectural registration certificate along with all privileges
associated with the certificate.
(65) Sustainable Design--An integrative
approach to the process of design which seeks to avoid depletion of energy,
water, and raw material resources; prevent environmental degradation caused by
facility and infrastructure developments during their implementation and over
their life cycle; and create environments that are livable and promote health,
safety and well-being. Sustainability is the concept of meeting present needs
without compromising the ability of future generations to meet their own
needs.
(66) TBAE--Texas Board of
Architectural Examiners.
(67)
TDLR--Texas Department of Licensing and Regulation.
(68) Texas Department of Licensing and
Regulation (TDLR)--A Texas state agency responsible for the implementation and
enforcement of the Texas Architectural Barriers Act.
(69) Vice-Chair--The member of the Board who
serves as the assistant presiding officer and, in the absence of the Chair,
serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds
the Chair until a new Chair is appointed.
Notes
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