New Mexico Register / Volume
XXXIV, Issue 17 / September 12, 2023
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 30 ARCHITECTS
PART 1 GENERAL PROVISIONS
16.30.1.1 ISSUING AGENCY: New
Mexico Board of Examiners for Architects.
[16.30.1.1 NMAC - Rp,
16.30.1.1 NMAC, 9/26/2023]
16.30.1.2 SCOPE: Provisions
for Part 1 apply to any person registered as an architect, or to anyone
applying for registration as an architect in New Mexico.
[16.30.1.2 NMAC - Rp,
16.30.1.2 NMAC, 9/26/2023]
16.30.1.3 STATUTORY AUTHORITY: Subsection
C of Section 61-15-4 NMSA 1978 prescribes that “The board…may make rules
not inconsistent with law.”
[16.30.1.3 NMAC - Rp, 16.30.1.3 NMAC, 9/26/2023]
16.30.1.4 DURATION: Permanent.
[16.30.1.4 NMAC - Rp,
16.30.1.4 NMAC, 9/26/2023]
16.30.1.5 EFFECTIVE DATE: September
26, 2023, unless a different date is cited at the end of the section.
[16.30.1.5 NMAC - Rp,
16.30.1.5 NMAC, 9/26/2023]
16.30.1.6 OBJECTIVE: The
objective of this rule is to clearly define terminology used within Sections
61-15-1 to -13 NMSA 1978.
[16.30.1.6 NMAC - Rp,
16.30.1.6 NMAC, 9/26/2023]
16.30.1.7 DEFINITIONS:
A. “Architect” means an architect registered in New Mexico as defined in Section
61-15-2 NMSA 1978.
B. “Architect-of-record” means the architect licensed by
the state who is in responsible charge of the project, who designs and prepares
the construction documents from which the building is constructed, and who
signs and seals the required documents.
C. “Architectural services” means services for projects located in New Mexico that shall be
performed by a registered architect or under the architect’s responsible charge
as defined in Section 61-15-2 NMSA 1978.
D. “Competence” means:
(1) in the practice of architecture, an
architect shall act with reasonable care and competence and shall apply the
technical knowledge and skill that is ordinarily applied by architects of good
standing practicing in New Mexico;
(2) an architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, is qualified by education, training and experience or ability in the specific technical areas involved; and
(3) an architect shall take
into account all applicable state and municipal building codes, laws and
regulations; an architect may rely on the opinion of others (example:
attorneys, engineers, building officials) as to the intent and meaning of the
codes, laws and regulations.
E. “Consulting associate architect” means an architect who is acting in an
advisory capacity to a registered architect, and whose present position is
subordinate to the registered architect as described in Paragraph (1) of
Subsection A of Section 61-15-8 NMSA 1978.
F. “Felony conviction” means conviction of a felony with a copy of the record of conviction,
certified by the clerk of the court entering the conviction, serving as
conclusive evidence.
G. “Gross negligence” means:
(1) being habitually guilty of neglect
toward professional responsibilities in the practice of architecture as
determined by the board; or
(2) being found extremely careless and
lacking in ordinary care and concern in the practice of architecture; should
the board not discipline an architect for a single act of gross negligence, the
board does not waive the right to invoke sanctions against the architect for
repeated acts of gross negligence.
H. “Incidental practice of architecture and engineering” means:
(1) architectural work incidental to
engineering shall be that architectural work provided on projects with a
building construction value not greater than six hundred thousand dollars
($600,000) and having a total occupant load not greater than 50;
(2) engineering work incidental to
architecture shall be that engineering work provided on projects with a
building construction value not greater than six hundred thousand dollars
($600,000) and having a total occupant load not greater than 50;
(3) all buildings and related structures
within the regulatory provisions of the New Mexico Building Codes General,
Title 14, Chapter 7 NMAC will require the proper authentication of the building
construction documents by all participating disciplines in accordance with
their respective governing acts on projects with a building construction value
greater than six hundred thousand dollars ($600,000) or having a total occupant
load greater than 50, with the exception of:
(a) single-family dwellings not more than
two stories in height;
(b) multiple dwellings not more than two
stories in height containing not more than four dwelling units of wood-frame
construction; provided this paragraph shall not be construed to allow a person
who is not registered under the Architectural Act to design multiple clusters
of up to four dwelling units each to form apartment or condominium complexes
where the total exceeds four dwelling units on any lawfully divided lot;
(c) garages or other structures not more
than two stories in height which are appurtenant to buildings described in
Subparagraphs (a) and (b) above; or
(d) nonresidential buildings, as defined
in the New Mexico Building Codes General, Title 14,
Chapter 7 NMAC or additions having a total occupant load of 10 or less and not
having more than two stories in height, which shall not include E-3 day care, H
(hazardous) or I (institutional) occupancies;
(e) alterations to buildings or structures
which present no unusual conditions, hazards or change of occupancy.
(4) the owner, user or using agency shall
select the prime design professional (architect or engineer) for any project
based on the requirements and nature of the project.
(5) occupant load shall be defined and
determined by the method set forth in the current, adopted code.
I. “Incompetency” means:
(1) being adjudicated mentally incompetent
by a court; or
(2) engaging in conduct which evidences a
lack of knowledge, ability or fitness to discharge the
duty and responsibility owed by the architect to a client and to the public in
order to safeguard life, health and property and to promote public welfare.
J. “Intern architect” is a person who is actively
pursuing completion of the requirements for diversified training in accordance
with rules of the board.
K. “Misconduct” means:
(1) knowingly preparing or stamping
construction documents in violation of applicable codes, laws
or regulations;
(2) stamping and signing construction
documents, specifications, reports or other
professional work not prepared under the architect-of-record’s responsible
charge, as defined herein;
(3) engaging in any conduct involving
fraud or deceit related to the business or practice of architecture;
(4) making any false statement or giving
any false information in connection with an application for registration or for
renewal of registration;
(5) being convicted of a crime related to
the practice of architecture with a copy of the record of the conviction,
certified by the clerk of the court entering the conviction, serving as
conclusive evidence;
(6) violating federal or state statute or
rule that directly relates to the practice of architecture;
(7) being unable to practice architecture
with reasonable skill and safety to clients by reason of use of alcohol, drugs,
narcotics, chemicals, or any other type of material or as a
result of any mental or physical condition;
(8) making any substantial
misrepresentation in the course of practice including,
but not limited to, false, misleading or deceptive advertising or fraudulent or
misleading claims;
(9) using or altering material prepared by
another person without the knowledge and consent of that person;
(10) using the professional seal of another
person without the knowledge and consent of that person;
(11) engaging in conduct in conflict with the
Code of Conduct for Architects (16.30.4 NMAC);
(12) engaging in conduct that the architect
knows or should know through professional knowledge or experience is not within
the acceptable standard for professional conduct that is ordinarily applied by
architects of good standing practicing in the state of New Mexico or that is
set forth in the board’s Minimum Standards for the Practice of Architecture in
New Mexico, (16.30.6 NMAC);
(13) violating the Architectural Act,
Sections 61-15-1 through 13 NMSA 1978, the rules and regulations of the board,
or the architectural laws of any other state or jurisdiction;
(14) incurring a prior disciplinary action in
another state or jurisdiction based upon acts or conduct by the registrant
which if committed in this state would subject the registrant to disciplinary
action by the board; certified copies of the record of disciplinary action
shall be conclusive evidence thereof; and
(15) failing to report to the board any adverse
action taken against the registrant by the licensing board of another
jurisdiction or the national council of architectural registration boards
(NCARB) for acts or conduct that would constitute grounds for disciplinary
action by the board.
(16) Knowingly allowing an unauthorized
person to use the architect’s seal.
L. “NCARB” means the national council of architectural
registration boards.
M. “Practice of architecture” as defined in Section
61-15-2 NMSA 1978, means rendering or offering to render architectural
services. “Offering to render” is
defined as soliciting or executing architectural services as defined in Section
61-15-2 NMSA 1978.
N. “Project” means
the building or a group of buildings and the space within the site surrounding
the buildings as defined in the construction documents (Subsection H of Section
61-15-2 NMSA 1978). Architectural and
engineering stamps are required for any subsequent and physically linked
construction to a project which, when seen together with the original construction,
would have required architectural and engineering seals.
O. “Responsible charge” means that all architectural
services have been or will be performed under the direction, guidance and
restraining power of a registered architect who has exercised professional
judgment with respect thereto. An
architect’s placing of the architect registration seal and signature on a
document certifies that the architect has exercised direction, guidance and
judgment on all issues pertaining to the health, safety and general welfare of
the public, and accepts all legal responsibility for all architectural matters
embodied within the document which shall meet the acceptable standards of
architectural practice in the state of New Mexico as put forth by the board
(Subsection I of Section 61-15-2 NMSA 1978).
P. “Signature” shall mean handwritten or electronic
as follows:
(1) a handwritten identification that
represents the act of putting one’s name on a document to attest to its
validity; the handwritten identification must be:
(a) original and written by hand;
(b) permanently affixed to the original
document(s) being certified;
(c) applied to the document by the
identified registrant; or
(2) an electronic identification that is
attached to or logically associated with an electronic document; the electronic
identification must be:
(a) unique to the person using it;
(b) under the sole control of the
registrant using it;
(c) linked to a document in such a manner
that the electronic identification is invalidated if any data in the document
is changed.
[16.30.1.7 NMAC - Rp,
16.30.1.7 NMAC, 9/26/2023]
HISTORY OF 16.30.1 NMAC:
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, 7/1/1968.
BEA 69-1, Architectural Law and Rules and
Regulations, 6/17/1969.
BEA 70-1, Architectural Law and Rules and
Regulations, 7/28/1970.
BEA 74-1, Roster of Registered Architects Laws
Rules Regulations, 8/30/1974.
BEA 78-1, Board of Examiners for Architects,
9/19/1978.
NMBEA 85-1, Architectural Act Rules and
Regulations, 2/7/1985.
NMBEA 86-1, Architectural Act Rules and
Regulations, 4/9/1986.
NMBEA 88-1, State of New Mexico Board of
Examiners for Architects Rules and Regulations, 6/22/1988.
NMBEA 89-1, State of New Mexico Board of
Examiners for Architects Rules and Regulations, 11/28/1989.
Regulation No. NMBEA 90-1, State of New
Mexico Board of Examiners for Architects Rules and Regulations, 8/14/1990.
NMBEA Rule 4, NCARB Examinations, 6/23/1980.
NMBEA Rule 5, Definitions, 6/23/1980.
History of Repealed Material:
16 NMAC 30.1,
General Provisions - Repealed, 9/6/2001.
History of
16.30.1 NMAC:
16.30.1 NMAC – General
Provisions, filed 9/6/2001, was repealed and replaced by 16.30.1 NMAC – General
Provisions, effective 9/26/2023.