DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
ARCHITECTS – GENERAL RULES
Filed with the secretary of state on
These rules take
effect become
effective
immediately upon after filing with the secretary of state unless
adopted under section 33, 44, or 45a(9) of the administrative procedures act of
1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these
sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the board of architects by section 308 of the occupational code, 1980 PA 299, MCL 339.308; and on the director of the department of licensing and regulatory affairs by sections 205 and 2009 of the occupational code, 1980 PA 299, MCL 339.205 and 339.2009; and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 339.15101, R 338.15201, R 338.15202, R 338.15204, R 338.15304, R 338.15401, R 338.15404, R 338.15501, and R 338.15502 of the Michigan Administrative Code are amended, as follows:
PART 1. GENERAL PROVISIONS
R 339.15101 Definitions.
Rule 101. (1) As used in these rules:
(a) “Code” means the occupational
code, 1980 PA 299, MCL 339.101 to 339.2677. “CACB” means the
Canadian Architectural Certification Board.
(b) “Continuing education” means an
instructional course or activity in an approved health, safety, and welfare
subject that is designed to bring licensees up to date on a particular area of
knowledge or skills relevant to a licensee’s area of professional practice.
“Code”
means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
(c) “Course” means any qualifying
activity with a clear purpose and goal that will keep, improve, or expand the
skills and knowledge relevant to the licensee’s area of professional practice.
Regular duties for compensation are not considered activities, except for
employer compensated continuing education activities. “Continuing
education” means an instructional course or activity in an approved health,
safety, and welfare subject that is designed to bring licensees up to date on a
particular area of knowledge or skills relevant to the licensee’s area of
professional practice.
(d) “Department”
means the department of licensing and regulatory affairs. “Course” means any
qualifying activity with a clear purpose and goal that keeps, improves, or
expands the skills and knowledge relevant to the licensee’s area of
professional practice. Regular duties for compensation are not considered
activities, except for employer compensated continuing education activities.
(e) “Distance learning” means any of
the following: “Department”
means the department of licensing and regulatory affairs.
(i) Courses where an instructor
and a licensee may be apart, and instruction takes place through online or
electronic media.
(ii) Courses, which include, but
are not limited to, instruction presented through interactive classrooms, at
the job site, computer conferencing, and interactive computer systems.
(iii) Monographs, which are
distant learning courses that examine or investigate current and emerging
topics in architecture, and which can be in the form of an online quiz or test
offered by a sponsor that may not require an instructor.
(f) “Health, Safety, and Welfare
(HSW) subjects” means technical and professional subjects related to the
practice of architecture that safeguard the public and that include the
continuing education subjects approved under R 339.15506. “Distance
learning” means any of the following:
(i) Courses where an instructor and a licensee may be apart, and instruction takes place through online or electronic media.
(ii) Courses, which include, but are not limited to, instruction presented through interactive classrooms, at the job site, computer conferencing, and interactive computer systems.
(iii) Monographs, which are distant learning courses that examine or investigate current and emerging topics in architecture, that can be in the form of an online quiz or test offered by a sponsor, that may not require an instructor.
(g) “Sponsor” means a person who
represents to the public that any of its courses fulfill the requirements of
section 2009 of the code, MCL 339.2009, for continuing education. “Health, Safety,
and Welfare (HSW) subjects” means technical and professional subjects related
to the practice of architecture that safeguard the public and include the
continuing education subjects approved under R 339.15506.
(h) “NAAB” means the National Architectural Accrediting Board.
(i) “NCARB” means the National Council of Architectural Registration Boards.
(j) “Sponsor” means an individual that represents to the public that any of its courses fulfill the requirements of section 2009 of the code, MCL 339.2009, for continuing education.
(2) A term defined in the code has the same meaning when used in these rules.
PART 2. EDUCATION, EXPERIENCE, AND EXAMINATION STANDARDS
R 339.15201 Educational requirement; adoption by reference of educational standard.
Rule 201. (1) An
applicant for an architect license licensure shall provide proof, as directed
by the department, verifying 1 of the following to satisfy the
educational requirements under the code:
(a) Transcripts verifying that the
applicant received a first professional degree from an architectural program
that is accredited by the National Architectural Accrediting Board (NAAB)
NAAB
or
the Canadian Architectural Certification Board (CACB). CACB.
(b) An evaluation report from the
Education Evaluation Services for Architects-NCARB National Council
of Architectural Registration Boards (EESA-NCARB) that states the
applicant for architect licensure has met the NCARB Education Standard
established in the NCARB Education Guidelines.
(2) The NCARB Education Standard in the
“NCARB Education Guidelines,” effective January 6, 2021, is adopted by
reference. This document is available for inspection and distribution at the
cost of 10 cents per page from the Department of Licensing and Regulatory
Affairs, Bureau of Professional Licensing, at 611 West. Ottawa St., P.O.
Box 30670, Lansing, Michigan 48909 and at no cost from NCARB at https://www.ncarb.org/
or at
the
National Council of Architectural Registration Boards, 1401 H Street. NW, Suite 500,
Washington, DC 20005.
R 339.15202 Experience requirement.
Rule 202. An applicant for an
architect license licensure shall provide proof, as directed
by the department, verifying 1 of the following to satisfy the
experience requirements under the code:
(a) A valid certificate of completion of any internship program from NCARB.
(b) Proof of current Current and continuous
licensure in another state or a province of Canada of at least
not
less than 5
years.
R 339.15204 Examination requirement.
Rule 204. An applicant for an
architect license licensure shall provide
proof, as directed by the
department, verifying of obtaining a passing score as determined by NCARB on
the NCARB Architectural Registration Examination.
PART 3. RELICENSURE
R 339.15304 Relicensure requirements.
Rule 304. (1) An applicant whose license has lapsed for less than 3 years after the expiration date of the last license may be relicensed under section 411(3) of the code, MCL 339.411, by satisfying all the following requirements:
(a) Providing Provides a completed
application on a form provided by the department.
(b) Paying Pays the required fee
to the department.
(c) Providing Provides proof, to as directed by the department, verifying that
the applicant has completed not less than 24 hours of continuing education
activities approved under R 339.15502 during the 2-year period immediately preceding
before the date of the
relicensure application. If the department determines that the amount of
continuing education hours provided with the application is deficient, the
applicant has 1 year after from the
date of the application to provide proof of completing the deficient hours.
(2) An applicant whose license has lapsed for 3 years or more after the expiration date of the last license may be relicensed under section 411(4) of the code, MCL 339.411, by satisfying all the following requirements:
(a) Providing Provides a completed
application on a form provided by the department.
(b) Paying Pays the required fee
to the department.
(c) Establishing Establishes that the
applicant has met all the requirements for initial licensure under the code and
these rules.
(d) Providing proof, to as directed by the department, verifying that
the applicant has completed not less than 24 hours of continuing education
activities approved under R 339.15502 during the 2-year period immediately preceding
before the date of the
relicensure application. If the department determines that the amount of
continuing education hours provided with the application is deficient, the
applicant has 1 year after from the
date of the application to provide proof of completing the deficient hours.
PART 4. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT
R 339.15401 Model rules of conduct; adoption by reference.
Rule 401. (1) A licensee shall follow the NCARB model rules of conduct adopted by reference in this rule.
(2) The NCARB model rules of conduct in
the document “Model Rules of Conduct,” 2018-2019,” revised July 2018, is
adopted by reference. This document is available for inspection and
distribution at the cost of 10 cents per page from the Department of Licensing
and Regulatory Affairs, Bureau of Professional Licensing, 611 West. Ottawa Street., P.O. Box 30670,
Lansing, Michigan 48909 and at no cost from NCARB at https://www.ncarb.org/
or at
the
National Council of Architectural Registration Boards, 1401 H Street. NW, Suite 500,
Washington, DC 20005.
R 339.15404 Seal design, use, security, and validation.
Rule 404. (1) Effective 60 days
after the promulgation of this rule, the The seal of an
architect must include the licensee’s name and full license number, as shown on
the licensee’s state-issued architect license and indicate “State of Michigan”
and “Licensed Architect” in the legend surrounding the seal. The seal must
have a design substantially equivalent to figure 404.
(2) A licensee's seal shall must be used by the
licensee whose name appears on the seal for as long as the license is in
effect. A licensee is responsible for the security of the licensee's seal.
FIGURE 404
PART 5. LICENSE RENEWAL AND CONTINUING EDUCATION
R 339.15501 License renewal requirement; continuing education waiver.
Rule 501. (1) An applicant for license
renewal who has been licensed during the 2-year period immediately preceding
before the expiration
date of the license shall obtain not less than 24 hours of continuing education
in activities approved under R 339.15502, during the 2-year period immediately preceding
before the expiration
date of the license.
(2) Submission of an application for renewal constitutes the applicant’s certification of compliance with this rule and R 339.15502.
(3) A licensee shall keep maintain documentation of
satisfying the requirements of this rule and R 339.15502 for a period of 4
years after from the
date of applying for license renewal.
(4) A licensee is subject to an audit under this
part and may have to provide documentation as described under R 339.15502 upon
on request of the
department.
(5) A request for a continuing
education waiver under section 204(2) of the code, MCL 339.204, must be
received by the department before the expiration date of the license. The department shall
receive a request for a waiver of continuing education requirements for the
board’s consideration not less than 30 days before the last regularly scheduled
board meeting before the expiration date of the license.
R 339.15502 Acceptable continuing education.
Rule 502. (1) As used in this rule, “continuous instruction” means the time taking part in the activity, not including breakfast, lunch, or dinner periods, coffee breaks, or other breaks in the program. Except as provided under subrule (2) of this rule, 50 minutes of continuous instruction is equal to 1 continuing education hour.
(2) The department shall grant credit for continuing education hours that satisfy the requirements in the following chart:
Activity Code |
Activity and Proof Required |
Number of Credits Earned for Activity and Allowed for Renewal Cycle |
(a) |
Completing a continuing education program or activity, regardless of the format in which it is offered, if it is in an HSW subject under R 339.15506 and is approved or offered for continuing education by any of the following:
- Another state board of architects. - NCARB. - American Institute of Architects. - Construction Specifications Institute. - University of Michigan. - Lawrence Technological University. - University of Detroit Mercy. - Andrews University. - An NAAB accredited degree granting institution. - United States Green Building Council.
If audited, a licensee shall provide a
copy of a letter or a certificate of completion issued by the relevant
above-referenced sponsor or organization showing the licensee’s name, number
of credits earned, sponsor name or the name of the organization that approved
the continuing education program or activity, and the date or dates |
The number of credits approved by the sponsor or the approving organization. |
(b) |
Passing a postgraduate academic course in an HSW subject under R 339.15506 that is offered by an architectural program that is accredited by NAAB or CACB.
If audited, a licensee shall provide a copy of the transcript issued by the NAAB-accredited or CACB-accredited architectural program showing the number of completed credit hours for the academic courses. |
Fifteen continuing education hours are granted for each semester credit, or 10 continuing education hours are granted for each quarter credit.
A maximum of 15 continuing education hours are granted for this activity in each renewal period. |
(c) |
Attending a seminar, in-house course, workshop, or professional or technical presentation made at a meeting, convention, or conference in which the subject matter is an HSW subject under R 339.15506.
If audited, a licensee shall provide a
copy of a letter or a certificate of completion issued by the sponsor or
organization of the seminar, in-house course, workshop, or professional or
technical presentation made at a meeting, convention, or conference
showing the licensee’s name, sponsor name or the name of the organization,
and the date or dates |
One continuing education hour is granted for every 50 minutes of continuous instruction.
One-half (0.5 credit) of 1 continuing education hour is granted for every additional 25 minutes of continuous instruction that follows the initial 50 minutes of continuous instruction. |
(d) |
Teaching, instructing, or presenting on a subject that is an HSW subject under R 339.15506.
If audited, a licensee shall provide a letter issued by the course or activity sponsor or organization confirming the licensee as the teacher, instructor, or presenter of a course or activity, together with a copy of the course syllabus, or other program documentation, showing that licensee is the instructor, the name of the course or activity, and the date or dates the course or activity took place. |
One continuing education hour is granted for every 50 minutes continuous instruction.
One-half (0.5 credit) of 1 continuing
education hour |
(e) |
Publishing a peer-reviewed paper, article, or book on a subject that is an HSW subject under R 339.15506.
If audited, a licensee shall provide a copy of the publication that identifies the licensee as the author of the publication and the publication acceptance letter showing the licensee’s name, article name, and the date of publishing. |
Six continuing education hours are granted for this activity.
Credit for continuing education hours is not granted for multiple publications of the same peer-review paper, article, or book.
A maximum of 12 continuing education hours are granted for this activity during each renewal period. |
(f) |
Serving as a voting member on a local,
state, or national committee, board, council, or association, if it enhances
the participant’s knowledge and understanding of architecture. To receive
credit, a licensee
If audited, a licensee shall provide
documentation satisfactory to the department verifying the licensee’s
participation in |
Three continuing education hours are
granted for each committee, board, council, or association
A maximum of 3 continuing education hours are granted for this activity during each renewal period. |
(g) |
Participating in a company-sponsored seminar or training that is on an HSW subject under R 339.15506.
If audited, a licensee shall provide a
copy of a letter or a certificate of completion issued by the company or
organization presenting the seminar or training on its behalf, showing the
licensee’s name, company name or the name of the organization presenting the
seminar or training on behalf of the company, subject of seminar or training,
and the date or dates |
One continuing education hour is granted for every 50 minutes of continuous instruction.
One-half (0.5 credit) of 1 continuing
education hour |
(2) (3) Continuing
education hours are not granted for a program or activity that has
substantially the same content of a program or activity for which that the applicant has
already earned continuing education credit during the renewal period.
(3) Except as provided under subrule
(1) of this rule, 50 minutes of continuous instruction is equal to 1 continuing
education hour. For purpose of this rule, “continuous instruction” means the
time taking part in the activity, not including breakfast, lunch, or dinner periods,
coffee breaks, or any other breaks in the program.