By the Division of Professional Licensure

3.01: Application Procedure

(1) Filing of Applications - Applications for registration as an architect shall be made on forms obtained from the Board. Application forms shall be filled in completely and shall be accompanied by a photograph and a check or money order in the amount of the fee established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, s. 3B. Supplemental applications shall be completed in full and shall include copies of all information which accompanied the original application.

(2) Board Action on Applications - When an application is complete, fully processed and ready for Board action, it shall be reviewed by the Board. The applicant will be notified of the Board's decision in writing.

(3) Interviews - The Board may, at its discretion, conduct informal interviews with an applicant, or with any person supplying information in connection with any applicant's application, for the purpose of obtaining additional information or clarifying any ambiguities in any information concerning an applicant or registrant.

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3.02: Eligibility Requirements for Registration

(1) Eligibility for admission to the A.R.E. shall be determined by the Board after review and verification of information contained in the application.

(2) To be eligible for admission to the knowledge-based portions of the A.R.E. as determined by the Board, an applicant shall:

(a) Submit written proof satisfactory to the Board that he or she is at least twenty-one years of age;

(b) Submit satisfactory written proof, from individuals having direct knowledge of the applicant's qualifications and suitability to become an architect, that he or she is of good moral character; and

(c) Submit written proof satisfactory to the Board that he or she holds a professional degree in architecture from a degree program that has been accredited by NAAB or CACB, or has otherwise satisfied the educational requirements specified in the NCARB Education Standard, as published in July, 2001.

For purposes of 231 CMR 3.02(2)(c), an NAAB accredited degree is a professional degree in architecture earned in a degree program accredited by the National Architectural Accrediting Board not later than two years after termination of enrollment. A CACB-accredited degree is a professional degree in architecture earned in a degree program accredited by the Canadian Architectural Certification Board not later than two years after termination of enrollment.

(3) To be eligible for admission to the practice-based portions of the A.R.E. as determined by the Board, an applicant shall:

(a) Submit satisfactory written proof that he or she has met all of the requirements of 231 CMR 3.02(2); and

(b) Submit written proof satisfactory to the Board that he or she has successfully completed:

  1. An Intern-Architect Development Program (IDP) which meets the training criteria set forth in the NCARB Intern Development Program Guidelines, as published in September, 2001; or
  2. An equivalent intern development or training program in Canada which meets the NCARB Requirements for Certification of Canadian Architects, as amended in July, 1999.

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3.03: Examination Procedures

(1) The examination for applicants who are eligible for admission and registration shall be the current A.R.E., as prepared by NCARB and as accepted and administered on behalf of the Board.

(2) Applicants shall take the examination subject to the following conditions:

(a) Grading of the examination shall be in accordance with the national grading procedures and passing score standards which are established by NCARB, and which are approved by the Board;

(b) No information pertaining to the subject matter of the examination shall be given to any applicant in advance except as specifically authorized by NCARB;

(c) Transfer credits for divisions of the examination passed prior to the currently-administered A.R.E. shall be in accordance with policies established by the Board, which may be those which are recommended by NCARB. Information as to transfer credits shall be provided, when appropriate, to applicants as a supplement to the application forms;

(d) An applicant may take the A.R.E., or any portion thereof, at any NCARB-approved test center, whether located in or outside of Massachusetts.

(3) The fees for the A.R.E. which are paid to the Board, if any, shall be as approved by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, s. 3B. Fees shall not be refunded under any circumstances.

(4) A record shall be maintained for each applicant, showing the dates on which that applicant took each division of the A.R.E., the number of divisions of the A.R.E. completed by that applicant, and the number of divisions not completed to date.

(5) An applicant shall not be permitted to review or appeal any division of the A.R.E. which he or she fails.

(6) Upon proper application, the Board may, at its discretion, accept passing grades achieved by an applicant on the various divisions of the A.R.E. in another state or territory of the United States, as long as the examination was administered by, and the grades are attested to by NCARB or by any NCARB Member Board in accordance with NCARB recommended grading procedures and passing score standards. Such an applicant may then take the remaining divisions of the A.R.E.. If the applicant completes those remaining divisions successfully, and submits proof that he or she meets the eligibility requirements for registration, as set forth in 231 CMR 3.02, he or she may then be registered by the Board.

(7) Upon proper application, the Board may, at its discretion, accept passing grades achieved by an applicant on examinations taken in Canadian provinces, as long as those examinations meet the requirements set forth in the NCARB Intern Development Program Guidelines, as published in September, 2001.

(8) Upon written request by an applicant, the Board shall forward the grades achieved by that applicant in the various divisions of the A.R.E. in Massachusetts to other NCARB Member Boards or duly constituted architectural registration boards in Canada for their use in evaluating that applicant and determining whether he or she may be registered within their jurisdiction. An applicant requesting a transfer of such grades to another jurisdiction shall pay a fee for this service to be established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, s. 3B. A transfer of an applicant's grades to another jurisdiction shall terminate that applicant's pending application for registration in Massachusetts.

(9) An applicant who holds a current and valid certification issued by NCARB and who submits satisfactory evidence of such certification to the Board shall be registered without having to comply with the requirements of 231 CMR 3.02 or 231 CMR 3.03 if:

  1. The applicant also submits satisfactory evidence that he or she holds a current and valid registration issued by any other NCARB Member Board or by any architectural registration board in Canada; and
  2. The applicant files an application with the Board, on a form prescribed by the Board, containing such additional information, satisfactory to the Board, as the Board considers pertinent.

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3.04: Registration Procedures

(1) If, after review of an applicant's application and examination results, the Board determines that the applicant has the qualifications required to practice architecture in the Commonwealth of Massachusetts, the Board shall issue a certificate of registration to that applicant. The certificate of registration shall have a seal attached, containing the name of the person to whom it is issued and his or her registration number, and shall be signed by duly authorized representative(s) of the Board. This certificate of registration shall constitute prima facie evidence that the person named in that certificate is authorized to engage in the practice of architecture in Massachusetts.

(2) At the time of initial registration, the Board shall also issue a registration card to the registrant, which shall contain the registrant's name and address, his or her registration number, and such other information as the Board may prescribe. This registration card shall also constitute prima facie evidence that the person named on the card is lawfully authorized to practice architecture in Massachusetts.

(3) An individual's registration and right to practice shall commence upon the issuance of a registration card and registration number to him or her. Unless that registration is revoked, suspended or cancelled, it shall remain in effect until the expiration date shown on the certificate. If the registrant submits an application for renewal of that registration pursuant to 231 CMR 3.05, together with payment of the annual registration renewal fee prescribed by the Executive Office of Administration and Finance pursuant to M.G.L. c.7, s. 3B, prior to the expiration date shown on the certificate, the registrant's registration shall continue in effect until the Board actually issues his or her annual renewal registration. Failure to pay the annual registration renewal fee shall constitute sufficient grounds for refusal of the Board to renew the individual's registration.

(4) After initial registration, the Board shall enter the registrant's registration number, the date of his or her initial registration, and the basis upon which he or she was registered, into a permanent file on the registrant.

(5) Registration as an architect shall not be transferable, and the authorization to practice architecture conveyed to an individual by that registration shall not extend to any other individual or individuals.

(6) In the event of revocation, cancellation, suspension or annulment of an individual's registration, that individual shall immediately return his or her certificate of registration and annual registration card, and his or her seal shall be impounded. A person whose certificate of registration has been revoked, suspended or annulled shall be informed of his rights under the provisions of M.G.L. c. 30A at the same time that he or she is informed of the Board's action on his or her certificate.

(7) If a registered architect dies, his or her registration shall expire on the date of his or her death, and no further use of his or her professional stamp or seal shall be made by any person after that date.

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3.05: Renewal of Registration

(1) An individual's certificate of registration as an architect shall expire on August 31 of each calendar year. However, if an architect dies, his or her registration shall expire on the date of his or her death, and no further use of his or her professional stamp or seal shall be made after that date.

(2) Every registered architect shall apply for renewal of his or her certificate of registration on or before August 31 of each calendar year. Said application shall be accompanied by payment of the registration renewal fee prescribed by the Executive Office of Administration and Finance pursuant to M.G.L. c.7, s. 3B, and the applicant shall attest, under the pains and penalties of perjury, that he or she is in compliance with the continuing education requirements of 231 CMR 3.06.

(3) If a registered architect allows his/her registration to expire, but attempts to renew it within sixty days after the date of its expiration, said registrant may obtain renewal of his/her registration by submitting the renewal application to the Board, together with the required evidence of continuing education as required by 231 CMR 3.06, the appropriate fee for registration renewal and any late fee as may be established by the Executive Office of Administration and Finance pursuant to M.G.L. c. 7, s. 3B.

(4) If a registered architect allows his/her registration to expire and does not attempt to renew it within sixty days after the date of its expiration, the registrant shall be treated as though he/she were applying for initial registration and may be required to take and pass the examination for initial registration and pay all applicable fees.

(5) The Board may suspend, revoke, or refuse to renew the registration of an architect who fails to comply with the continuing education requirements of 231 CMR 3.06.

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3.06: Continuing Education Requirements

(1) General Requirement - Beginning with the registration period which begins on September 1, 2002 and ends on August 31, 2003, every registered architect shall complete a minimum of twelve (12) contact hours of continuing education prior to the end of each registration period in continuing education courses, programs or activities which meet the applicable requirements of 231 CMR 3.06(3) through 231 CMR 3.06(6) as a condition for renewal of his or her registration.

(2) Exemption from Requirement - A registered architect may be exempted from the continuing education requirements of 231 CMR 3.06(1) if:

(a) He or she submits written proof satisfactory to the Board that he or she was unable to complete the continuing education required by 231 CMR 3.06(1) because he or she was called to active duty in the armed forces of the United States for a substantial period of time; or

(b) He or she submits written proof satisfactory to the Board that he or she was ill or disabled for a substantial period of time and that the functional limitations imposed by that illness or disability prevented him or her from completing the continuing education required by 231 CMR 3.06(1); or

(c) He or she submits written proof satisfactory to the Board that he or she was unable to complete the continuing education required by 231 CMR 3.06(1) because of an unforeseen emergency, extreme hardship or other similar circumstances deemed sufficient by the Board; or

(d) He or she submits written proof satisfactory to the Board that:

  1. He or she is duly registered as an architect by a duly constituted architectural registration board in another state, province or territory of the United States or Canada in which continuing education is required for renewal of his or her registration;
  2. He or she has completed the continuing education required for the most recent period of renewal of his or her registration by the laws or regulations of the architectural registration board in that state, province or territory; and
  3. The continuing education requirements of the architectural registration board in that state, province or territory are, in the opinion of the Board, substantially equivalent to the requirements of 231 CMR 3.06.

(3) Program Content Requirements

(a) A continuing education course, program or activity may be used to satisfy the continuing education requirements of 231 CMR 3.06(1) only if it increases an architect's knowledge or understanding of technical or professional subjects and contributes directly to improving his or her professional knowledge and competence in the practice of architecture.

(b) At least eight (8) contact hours of the continuing education required by 231 CMR 3.06(1) in each registration period shall be in courses, programs or activities pertaining to technical and professional subjects which the Board has determined are directly related to protection of the health, safety and welfare of the public. Such subjects include:

  1. Building design;
  2. Environmental or land use analysis;
  3. Life safety standards;
  4. Architectural programming;
  5. Site and soil analyses;
  6. Accessibility of buildings and structures;
  7. Structural systems considerations;
  8. Lateral forces;
  9. Building codes;
  10. Evaluation and selection of building systems, products or materials;
  11. Construction methods;
  12. Contract documentation;
  13. Construction administration;
  14. Professional conduct; and
  15. Such other subjects as the Board deems sufficiently related to protection of the public health, safety or welfare.

(4) Methods of Earning Continuing Education Credit - A registered architect may earn continuing education contact hours for any of the following types of continuing education activities:

(a) Attending a graduate or undergraduate level course or seminar at an educational institution for which academic credit is granted by that institution, as long as:

  1. The course or seminar in question meets the program content requirements of 231 CMR 3.06(3)(a); and
  2. The educational institution in question is accredited by the United States Department of Education, accredited by a regional accrediting body recognized by the United States Department of Education, or is otherwise approved by the Board;

(b) Attending a course, program, seminar, conference, workshop or similar educational event for which academic credit is not granted, as long as:

  1. The educational event in question meets the program content requirements of 231 CMR 3.06(3)(a);
  2. The educational event in question is presented, sponsored or approved by an educational institution which meets the requirements of 231 CMR 3.06(4)(a)2, or by a recognized professional organization; and
  3. The educational event in question meets the standards of, and has been approved for continuing education credit by:
    1. The American Institute of Architects; or
    2. NCARB.

(c) Completing a monograph approved by the Board (such as a monograph from the NCARB monograph series) and achieving a passing score on a written instrument which tests the registered architect on his or her comprehension and understanding of the content of that monograph;

(d) Teaching a graduate or undergraduate level course or seminar at an educational institution for which academic credit is granted by that institution, as long as the course or seminar meets the requirements of 231 CMR 3.06(4)(a);

(e) Teaching a course or seminar, delivering a lecture, presenting a paper, or presenting a program, workshop or monograph at an educational event which meets the requirements of 231 CMR 3.06(4)(b);

(f) Publishing a book, or an article or paper in a juried professional journal, for the first time, as long as:

  1. The book, article or paper in question meets the content requirements of 231 CMR 3.06(3)(a); and
  2. A copy of the book, article or paper in question is submitted to the Board for review and approval at least sixty (60) days prior to the end of the registration period for which continuing education credit is being claimed.

(g) Completing a self-study program or other individualized continuing education activity, as long as:

  1. The self-study program or individualized continuing education activity meets the content requirements of 231 CMR 3.06(3)(a); and
  2. A detailed written description of the self-study program or individualized continuing education activity in question is submitted to the Board for review, and the proposed program or activity is approved by the Board pursuant to 231 CMR 3.06(6), before it is undertaken.

(5) Amount of Credit Earned - The amount of continuing education contact hours to be granted shall be determined as follows:

  1. A registered architect who attends a graduate or undergraduate level course or seminar at an educational institution which meets the requirements of 231 CMR 3.06(4)(a) shall earn 12 continuing education contact hours for each hour of academic credit received;
  2. A registered architect who attends a course, seminar, program, conference, workshop or similar educational event which meets the requirements of 231 CMR 3.06(4)(b) shall earn a number of continuing education contact hours equal to the actual number of hours of instruction actually provided;
  3. A registered architect who completes a monograph approved by the Board which meets the requirements of 231 CMR 3.06(4)c shall earn the number of continuing education contact hours specified in that monograph;
  4. A registered architect who teaches a graduate or undergraduate level course or seminar at an educational institution which meets the requirements of 231 CMR 3.06(4)(a) shall earn 12 continuing education contact hours for each hour of academic credit awarded for that course or seminar, but shall earn such credit only for the first time that he or she teaches that course or seminar, and shall not earn any continuing education contact hours for any subsequent presentation of the same course or seminar;
  5. A registered architect who teaches a course or seminar; delivers a lecture; presents a paper; or presents a program, workshop or monograph at an educational event which meets the requirements of 231 CMR 3.06(4)(b); shall earn a number of continuing education contact hours equal to the actual number of hours of instruction he or she actually provided, but shall earn such credit only for the first time that he or she does so, and shall not earn any continuing education contact hours for any subsequent presentation of the same or similar activity;
  6. A registered architect who publishes a book, or an article in a juried professional journal, shall earn the number of continuing education contact hours determined by the Board for that book or article, but shall not earn more than 50% of the total number of continuing education contact hours required during any registration period through this method unless the Board directs otherwise;
  7. A registered architect who completes a self-study program, or other individualized continuing education activity approved by the Board pursuant to 231 CMR 3.06(4)(f) and 231 CMR 3.06(6), shall earn the number of continuing education contact hours approved by the Board for that activity, but shall not earn more than 50% of the total number of continuing education contact hours required during any registration period through this method unless the Board directs otherwise.

(6) Completion of Continuing Education Through Home Study - A registered architect may complete continuing education required for renewal of his or her registration through the use, at his or her home, of audio tapes or videotapes of a continuing education course or program, as long as:

(a) The continuing education course or program in question meets all applicable requirements of 231 CMR 3.06(4)(b);

(b) The audio tape or videotape version of the continuing education course or program in question is accompanied by a written instrument which tests the registered architect on his or her comprehension and understanding of the content of that course or program;

(c) The registered architect receives a certificate or other written evidence of his or her completion of that course or program only if he or she demonstrates satisfactory comprehension or understanding of the content of that course or program to the provider or sponsor of that course or program; and

(d) The registered architect does not receive credit for more that fifty percent (50%) of the total number of continuing education hours required for renewal of his or her registration through the use of such home study programs, unless he or she receives written authorization to do otherwise from the Board.

(7) Each registered architect shall maintain a written record of all continuing education courses or programs and/or approved individual continuing education activities he or she has completed for a period of not less than two (2) consecutive registration periods, inclusive of the registration period during which the course, program or activity was completed.

(8) Each registered architect, as part of his or her application for renewal of his or her registration, shall attest under the pains and penalties of perjury that he or she has completed the number of continuing education hours required by 231 CMR 3.06(1), or that he or she is exempt from the continuing education requirement pursuant to 231 CMR 3.06(2). Such attestation shall be made on a form prescribed and provided by the Board.

(9) Upon written request by the Board, a registered architect shall furnish to the Board such information as the Board may reasonably require about any or all continuing education courses, programs or activities completed by said architect. Failure or refusal to provide timely proof of completion of the number of continuing education hours required by 231 CMR 3.06 upon the request of the Board shall constitute grounds for disciplinary action by the Board, including but not limited to refusal to renew the registration of said architect.

(10) Falsification of reports of continuing education courses, seminars, workshops and completed hours, or misrepresentation of any material fact concerning the completion of such continuing education hours, by any registered architect shall constitute grounds for disciplinary action by the Board.

(11) In the event that an application for approval of a specific continuing education course or program, or for approval of an individual continuing education activity, is denied by the Board, the applicant shall have the right, upon written request, to have the Board's decision reviewed and reconsidered. As part of said review process, the applicant may appear personally before the Board and shall have the right to present any additional information which may reasonably have a bearing on the issue of whether the application for approval should be approved.

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REGULATORY AUTHORITY:
231 CMR 3.00: M.G.L. c. 13, § 44; c. 112, §§ 60A through 60-O inclusive.