24 Del. Admin. Code § 300-1.0
Purpose: Regulations of the Delaware Board of Architects are set forth for the purpose of clarifying and implementing 24 Del.C. Ch. 3 which establishes the Board and confers upon it responsibility for registration of architects and the regulation of the practice of architecture.
Invalidity: Any provision found to be invalid shall not affect any other provision and the remaining provisions shall remain in full force and effect.
Terms Defined by Statute: Terms defined in 24 Del.C. Ch. 3 shall have the same meanings when used in these regulations, except where the context clearly indicates a different meaning.
Terms Defined Herein: As used in these regulations, the following terms shall have the following meanings except where the context clearly indicates a different meaning.
"AIA" means the American Institute of Architects
"Administration of Construction Contracts" Shall comprise at least the following services: (i) visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued; (ii) processing shop drawings, samples, and other submittals required of the contractor by the terms of the construction contract documents; and (iii) notifying an owner and the appropriate building official of any code violations, changes that affect code compliance, the use of any materials, assemblies, components, or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions that he or she identifies as constituting a hazard to the public, that he or she observes in the course of performing his or her duties.
"Architect" means any person who is authorized to practice architecture as defined in Title 24, Chapter 3 and who holds a current Certificate of Registration.
"Architect Emeritus" means an honorific title granted to a previously licensed Delaware Architect who has retired from active architecture practice.
" A.R.E" means the current Architect Registration Examination, prepared by NCARB.
"CACB" means the Canadian Architectural Certification Board.
"Continuing Education (CE)" means post-licensure learning that enables a registered architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public's health, safety, and welfare.
"Continuing Education Hour (CEH)" or "Continuing Education Unit (CEU)" means one continuous instructional hour (50 to 60 minutes of contact) spent in Structured Educational Activities intended to increase or update the architect's knowledge and competence in Health, Safety, and Welfare Subjects. If the provider of the Structured Educational Activities prescribes a customary time for completion of such an Activity, then such prescribed time shall, unless the Board finds the prescribed time to be unreasonable, be accepted as the architect's time for Continuing Education Hour purposes irrespective of actual time spent on the activity.
"Direct Supervision" means that degree of supervision by a person overseeing the work of another, whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. Direct supervision shall mean that the supervisor and the individual being supervised perform their work in the same office where personal contact is routine.
"Division" means the Division of Professional Regulation, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, Delaware 19904.
"EESA" means the Educational Evaluation Services for Architects. A provider of architectural education evaluation services administered by NAAB.
"Examination" means the current Architect Registration Examination (A.R.E.), of NCARB.
"Health, Safety, and Welfare Subjects" means technical and professional subjects that the Board deems appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the building environment.
BUILDING SYSTEMS: Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire Protection
CONSTRUCTION CONTRACT ADMINISTRATION: Contracts, Bidding, Contract Negotiations
CONSTRUCTION DOCUMENTS: Drawings, Specifications, Delivery Methods
DESIGN: Urban Planning, Master Planning, Building Design, Site Design, Interiors, Safety and Security Measures
ENVIRONMENTAL: Energy Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous Materials, Weatherproofing, Insulation
LEGAL: Laws, Codes, Zoning, Regulations, Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and Public
MATERIALS and METHODS: Construction Systems, Products, Finishes, Furnishings, Equipment
PRE-DESIGN: Land Use Analysis, Programming, Site Selection, Site and Soils Analysis, Surveying
PRESERVATION: Historic, Reuse, Adaptation
"Intern" means any individual in the process of satisfying the Board's training requirements. This includes graduates from recognized architectural programs, architectural students who acquire acceptable training prior to graduation and other qualified individuals identified by the Board.
"Principal" means an individual who is a registered architect and in charge of an organization's architectural practice, either alone or with other registered architects.
"Responsible Control" means that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architect applying the required professional standard of care, including but not limited to an architect's integration of information from manufacturers, suppliers, installers, the architect's consultants, owners, contractors, or other sources the architect reasonable trusts that is incidental to and intended to be incorporated into the architect's technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction, of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation.
"Safety" as it pertains to the practice of architecture means design characteristics of a building or its surrounding site relating to, but not limited to, compliance with occupancy classification requirements; compliance with construction classification requirements; means of egress; fire-rated construction assemblies; compliance with interior finish requirements; fire detection, alarm and suppression systems; and compliance with environmental health regulations and smoke control systems, compliance with the minimum requirements for heating and cooling; natural and artificial illumination; natural and artificial ventilation; physical hygiene; and accessibility from environmental barriers.
"Structured Educational Activities" means educational activities in which at least 75 percent of an activity's content and instructional time must be devoted to Health, Safety, and Welfare Subjects related to the practice of architecture, including course of study or other activities under the areas identified as Health, Safety and Welfare Subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.
"Technical Submissions" means designs, drawings, specifications, studies and other technical documents prepared in the course of practicing architecture. All technical submissions shall be identified by date and by the name and address of the registered architect or the registered architect's firm.
24 Del. Admin. Code § 300-1.0
15 DE Reg. 1620 (05/01/12)
17 DE Reg. 550 (11/1/2013)
20 DE Reg. 375 (11/1/2016)
21 DE Reg. 54 (7/1/2017) (Final)