Professional Conduct Part 1: Registration

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NCARB CE Part 1

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15 Terms

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NCARB’s Model Rules of Conduct 3.6

An architect shall not make a false statement or fail to disclose accurately and completely a material fact lawfully requested by the Board in connection with the architect’s application for licensure or renewal.

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NCARB’s Model Rules of Conduct 3.7

An architect shall not knowingly sign any verification document related to licensure that contains false or misleading information and shall not assist in the application for licensure of a person known by the architect to be unqualified.

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NCARB’s Model Rules of Conduct 3.8

An architect possessing knowledge of a licensure candidate’s qualifications for licensure shall cooperate with the candidate, the board, and/or NCARB by responding appropriately and in a timely manner regarding those qualifications.

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NCARB’s Model Rules of Conduct 3.9

An architect possessing knowledge of a violation of the jurisdiction’s laws or rules governing the practice of architecture by another shall report such knowledge to the board. It is the professional duty of the architect to do so.

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Practice of Architecture defined

a) Planning services include, but are not limited to, programming and planning (Programming & Analysis)

b) Developing concepts includes, but is not limited to, preliminary studies, predesign, investigations, and evaluations. (Project Planning & Design)

c) Preparing documents that define form and function includes, but is not limited to, drawings and technical submissions, including incorporation of the requirements of the authorities having jurisdiction. (Project Development & Documentation)

d) Coordinating consultants includes, but is not limited to, the coordination of any elements of technical submissions prepared by others. (Project management)

e ) Construction administration includes, but is not limited to, evaluation of construction to determine that the work is proceeding in accordance with the contract documents. (Construction & Evaluation)

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Each state has reciprocity laws that, if followed, allow an architect registered elsewhere to become registered in that state. How is reciprocity facilitated by NCARB?

NCARB facilitates reciprocity registration by allowing architects registered in a state and maintaining an NCARB certificate to be admitted to practice in other states without reexamination.

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While criminal penalties are rarely invoked against architects registered in another state but not in the state where they have unlawfully practiced, civil sanctions are routinely imposed on them by registration boards. What type of sanctions are imposed?

Civil sanctions routinely imposed by registration boards include fines of up to several thousand dollars and orders that the unregistered person cease and desist from further practice on the job that gave rise to the violation and on any other project.

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What are three important characteristics of design professionals?

First, they are expected to have had substantial and specialized education and training in the professional work before being permitted to practice it. Second, in their practice, they are expected to exercise discretion wisely. Third, they are expected to accept fiduciary responsibilities at a level well beyond the level expected of tradespeople in the marketplace.

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Markus & Nocka v. Julian Goodrich Architects

A Massachusetts firm was hired to provide consulting architectural services on a hospital project in Vermont, despite having no members registered as architects in Vermont. The court held that, under Vermont law, practicing architecture without state licensure renders a contract void and unenforceable. Because no one from the firm was licensed in Vermont, the firm could not recover its fees. Consulting contract unenforceable due to lack of Vermont registration.

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Marshall -Schule Associates, Inc v. Allan Goldman et al.

An architectural firm performed design services for a New York project without being licensed in New York. The defendants argued the contract was void due to the state’s licensing requirements. However, the court held that the firm’s work did not amount to the practice of architecture under New York law because it was done under the supervision of licensed local architects. Thus, the firm was allowed to recover fees. Recovery allowed—services did not constitute unlicensed architectural practice.

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Rolls v. Bliss & Nyitray

A Florida-based engineering firm provided architectural services for a project in Algeria without being licensed as architects in Florida. Although licensed engineers, they were not registered to practice architecture. The Florida Supreme Court held that unlicensed architectural work performed in Florida—even for a foreign project—violated state law. The contract was void, and the firm could not recover fees. Recovery barred—firm performed unlicensed architectural services in Florida

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State of South Carolina v. Howell

Howell, a building designer, was criminally charged for practicing architecture without a license after preparing and submitting drawings for a church building. He argued that he was not claiming to be an architect and that the plans were for a religious institution, which he believed exempted him from licensure requirements. The court rejected both arguments, holding that South Carolina law prohibited anyone from practicing architecture—including preparing building plans—without being registered, regardless of title or building type. Conviction upheld—licensure required for architectural work, regardless of claimed title or project type

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Anderson v. State Board of Examiners

Anderson, a draftsman, was charged with unlawfully practicing architecture without a license. He contended that because he didn’t use the title “architect,” he wasn’t violating the law. The court rejected this defense, ruling that South Carolina law prohibits not only the unauthorized use of the title “architect” but also the performance of architectural services without a license. Anderson’s preparation of plans for a commercial structure constituted the practice of architecture, making his actions illegal. Conviction upheld—performing architectural work without a license violates the law, regardless of title used.

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County of Horry v. Howell

Howell was issued a stop-work order after submitting building plans to a county office without being a licensed architect. He argued that a local ordinance allowed unlicensed individuals to submit plans. However, the court held that local rules could not override state licensing laws, which prohibit the unlicensed practice of architecture. Because Howell’s actions violated state law, the stop-work order was upheld. Ruling affirmed—local ordinances cannot bypass state architectural licensure requirements.

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Arata and Architects Pacifica

Arata sued for damages after discovering defects in a house designed by Architects Pacifica. The firm argued that it couldn’t be held liable because it had merely provided "preliminary" services and was not the architect of record. The court disagreed, finding that the firm had performed substantial architectural services that contributed to the project’s execution. The firm was therefore subject to professional standards and potential liability. Liability upheld—firm’s architectural role created a duty of care despite lack of formal title.