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310-A:28 Definitions. As used in this subdivision:

I. Architect means a person who, by reason of having acquired through professional education
and practical experience an advanced training in building construction and
architectural design and an extensive knowledge of building standards created to safeguard the
public from hazards such as fire, panic, structural failure, and unsanitary conditions, is technically
and legally qualified to practice architecture and who is licensed by the board or otherwise
authorized by this subdivision to engage in the practice of architecture.

II. Architecture means any professional service or creative work requiring the
application of advanced knowledge of architectural design, building construction and standards,
and involving the constant exercise of discretion and judgment in such activities as consultation,
investigation, evaluation, planning, design or responsible supervision of construction in
connection with any public or private buildings, wherein the safeguarding of life, health or
property is concerned.

III. Board means the board of architects.

IV. Business organization means any enterprise, whether corporation, partnership,
limited liability company, proprietorship, association, business trust, real estate trust, or other
form of organization; organized for gain or profit, carrying on any business activity within the

310-A:29 Board of Architects; Establishment; Criteria; Terms; Compensation and
Expenses; Meetings; Records and Reports; Roster.

I. A board of architects is established to administer the provisions of this subdivision.
The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be
architects, and one public member. The public member of the board shall be a person who is not,
and never was, a member of the architectural profession or the spouse of any such person, and
who does not have and never has had, a material financial interest in either the provision of
architectural services or an activity directly related to architecture, including the representation
of the board or profession for a fee at any time during the 5 years preceding appointment.

II. Each member of the board shall be a citizen of the United States and a resident of this
state. Each architect member shall have actively practiced architecture for the chief means of
livelihood for at least 10 years prior to appointment and shall have held a responsible position in
charge of such work for at least 5 years prior to appointment, which may include the teaching of

III. Members shall be appointed for 5-year terms, except that no more than one appointed
member's term may expire in any one calendar year. Appointments for terms of less than 5 years
may be made in order to comply with this limitation. No appointed member shall be eligible to
serve more than 2 full consecutive terms, provided that for this purpose only a period actually
served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a
member's term, the member shall serve until a successor is qualified and appointed. The
successor's term shall be 5 years from the date of expiration of the predecessor's appointment,
regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration
of a specific term shall be filled by appointment for the unexpired term. A board member may
be removed for cause by the governor and council under RSA 4:1.

IV. In addition to any moneys received under RSA 310-A:34, members of the board
shall receive $25.00 for each day actually engaged in the duties of their office and shall be
reimbursed for all actual travel, incidental and clerical expenses necessarily incurred in carrying
out the provisions of this chapter.

V. The board shall hold at least 3 regular meetings each year and special meetings at
such times as it may deem necessary. Notice of all meetings shall be given in such a manner as
rules adopted by the board may provide. The board shall biennially elect or appoint a chairper-
son, vice-chairperson, and secretary. Three members shall constitute a quorum.

VI. (a) The board shall keep a record of its proceedings and a register of all
applications for licensure, which shall show:

(1) The name, age, and residence of each applicant.
(2) The date of application.
(3) The place of business of such applicant.
(4) The applicant's educational and other qualifications.
(5) Whether or not an examination was required.
(6) Whether the applicant was rejected and the reasons for such rejection.
(7) Whether a license was granted.
(8) The date of the action of the board.
(9) Such other information as may be deemed necessary by the board.

(b) The records of the board shall be prima facie evidence of the proceedings of
the board, and a transcript of such records certified by the secretary of the board under seal shall
be admissible in evidence with the same force and effect as if the original were produced. Bien-
nially, as of December 31, the board shall submit to the governor a report of the transactions of
the preceding biennium, and a complete statement of the receipts and expenditures of the board.

VII. The secretary of the board shall publish a roster listing the names and places of
business of all architects licensed under this subdivision by the board during February of each
even-numbered year. Copies of this roster shall be mailed to each person so licensed, placed on
file with the secretary of state, and furnished to the public upon request at a fee to be established
by the board. The board may include in such roster any other information it deems appropriate.

310-A:30 Compensation; Expenses. Repealed Effective 1/96

310-A:31 Organization and Meetings. Repealed Effective 1/96

310-A:32 Rulemaking Authority.

I. The board shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The application procedure for a license to practice under this subdivision;

(b) The qualifications of applicants in addition to those requirements set by statute, and
including the qualifications for satisfactory evidence of good professional character;

(c) How an applicant shall be examined;

(d) How a license to practice under this subdivision shall be renewed or reinstated, including
late fees and any requirements for continuing education;

(e) The establishment of all fees required under this subdivision;

(f) Ethical and professional standards required to be met by each holder of a license
under this subdivision and how disciplinary actions by the board shall be implemented for
violations of these standards;

(g) Matters related to the proper administration of this subdivision;

(h) Procedures for the conduct of hearings consistent with the requirements of due

(i) The design of an official seal;

(j) The salary of the board secretary;

(k) Application procedures for and issuance of certificates for architect business organizations; and

(l) The requirements for retired status.

II. In adopting any rule under this section, the board may consult with the office of professional licensure and certification
established under RSA 310-A:1 through RSA 310-A:1-e.

III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall
furnish a copy of any proposed rules of professional conduct, or amendments thereto, to all
affected professionals licensed by the board.

310-A:33 Fees. The board shall establish fees for examination of applicants, for licenses, for certificates of authorization, for reissuance of licenses, for renewal and reinstatement of licenses and certificates to practice under this subdivision, for late fees, for retired status, and for transcribing and transferring records and other services. The fees established by the board under this subdivision shall be sufficient to produce estimated reveneues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they apply.

310-A:34 Receipts and Disbursements. Repealed Effective 7/02

310-A:35 Records and Reports. Repealed Effective 1/96

310-A:36 Roster. Repealed Effective 1/96.

310-A:37 Licensure Required. No person shall practice architecture in this state, except as permitted in RSA 310-A:52, without an architect's license issued under this subdivision.

310-A:38 Preliminary Requirements for Licensure as an Architect.

I. The following preliminary requirements shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for licensure to practice architecture in this state:

(a) Applicant shall be at least 21 years of age and shall have graduated from an approved high school or its equivalent; and

(b) Applicant shall hold a professional degree in architecture from an accredited school and have had such diversified practical experience, including academic training, as the board shall deem appropriate; or

(c) In lieu of a professional degree in architecture, the board may accept evidence of additional diversified practical experience, including academic training, as the board shall deem appropriate.

II. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:

(a) Conviction for commission of a felony;

(b) Misstatement of facts by the applicant in connection with the application;

(c) Violation of any of the standards of conduct required of architects as they are set forth in this subdivision or in rules adopted by the board; or

(d) Practicing architecture without being licensed in violation of laws of the jurisdiction in which the practice took place.

III. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:43, except as otherwise provided in RSA 310-A:45.

310-A:39 Education Credits. The satisfactory completion of each year of an approved curriculum in architecture in a school or college approved by the board, without graduation, shall be considered as equivalent to a year of experience under RSA 310-A:38, I(c). Graduation in a curriculum other than architecture from a college or university of recognized standing may be considered as equivalent to 2 years of experience under RSA 310-A:38,I(c). No applicant shall receive credit for more than 4 years of experience because of undergraduate educational qualifications.

310-A:40 Teaching Credits. In considering the qualifications of applicants, architectural teaching may be construed as architectural experience.

310-A:41 Work as a Contractor. The mere execution, as a contractor, of work designed by an architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in architecture.

310-A:42 Applications. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed architects having personal knowledge of the applicant's professional experience. The board shall establish fees for application and any examination required under this subdivision. Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.

310-A:42-a Certificates for Business Organizations.

I. The practice of, or offer to practice, architecture for others by individual architects, licensed
 under this subdivision, through a business organization as officers, partners, associates,
employees, or agents is permitted, subject to the provisions of this subdivision; provided that:

(a) One or more of the corporate officers, of a corporation or one or more general partners, or
associates is designated as being responsible for the architectural activities and architectural
decisions of the business organization, and is a licensed architect under this subdivision.

(b) All personnel of the business organization who act in its behalf as architects are licensed under this subdivision.

(c) The business organization has been issued a certificate of authorization by the board, as provided in this section.

II. The requirements of this subdivision shall not affect a business organization or its employees in performing
services for such business organization or its subsidiary or affiliated business organizations. All final drawings,
specifications, plans, reports, or other architectural papers or documents involving the practice of architecture,
when issued or filed for public record, shall be dated, and bear the signature and seal of the architect who
prepared them or under whose direct supervisory control they were prepared.

III. A business organization desiring a certificate of authorization shall file with the board an application,
using a form provided by the board, listing the names and addresses of all officers and board members,
general and limited partners, associates, and any individuals duly licensed to practice architecture in this
 state who shall be in responsible charge of the practice of architecture in this state through the business
organization, and any other information required by the board. The same form, giving the same information,
shall accompany the annual renewal fee. If there is a change in any of these persons during the year, such
change shall be designated on the same form and filed with the board within 30 days after the effective
date of such change. If all requirements of this section are met, the board shall issue a certificate of
authorization to such business organization, and such business organization shall be authorized to
contract for and to collect fees for furnishing architectural services.

IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents,
employees, officers, or partners, by reason of its compliance with the provisions of this section,
nor shall any individual practicing architecture be relieved of responsibility for architectural services
performed by reason of such individual’s employment by or relationship with such business organization.

V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for
 registration as a foreign business organization which includes the words Architect, Architectural, or Architecture
or any modification or derivative thereof in its corporate or business name or which includes the practice
of architecture among the objects for which it is established unless the board shall have issued, with respect
to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been
presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall
decline to register any trade name or service mark which includes such words or modifications or derivatives
thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates
of authorization issued under the provisions of this subdivision, a copy of which shall have been presented to the
secretary of state.

VI. An architect who renders occasional, part-time, or consulting architectural services to or for a business
organization may not, for the purposes of this section, be designated as being responsible for the
architectural activities and decisions of such business organization.

310-A:43 Examinations. Examinations in architecture shall be held
as the board shall determine. The applicant shall be permitted to take the examination upon
fulfilling the requirements established by the board. The board shall prescribe the methods of procedure and the
scope of the examination, which shall include the following subjects:
pre-design, general structures, lateral forces, mechanical and electrical
systems, materials and methods, construction documents and services, site
planning, building planning, and building technology.

310-A:44 Certificates; Seals. The board shall issue a license upon payment of the registration
fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily
met all the requirements of this subdivision. Licenses shall show the full name of the licensee,
have a serial number, and be signed by the chairperson and the secretary of the board under seal
of the board. The issuance of a license by the board shall be prima facie evidence that the person
named in the license is entitled to all the rights and privileges of a licensed architect while the
license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized
by the board, bearing the registrant's name and the legend, Licensed Architect. All papers or
documents involving the practice of a profession under this subdivision, when issued or filed for
public record, shall be dated and bear the signature and seal of the licensed professional who
prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the
licensee to stamp or seal any documents with such seal after the license of the licensee has
expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

310-A:45 Interstate Licensure.

I. The board in its discretion may, upon application and the payment of a fee, issue an architect's
license to any person who holds a National Council of Architectural Registration Board
certificate, or to any person who holds an unexpired license or certificate of registration issued by
any state, territory or possession of the United States, provided that the applicant's qualifications
meet the requirements of this subdivision and the rules established by the board.

II. The board may grant an architect's license to any applicant who is similarly licensed in any
other state, provided the other state's licensing requirements are substantially equivalent to or
higher than those of this state.

III. A nonresident architect seeking to render architectural services in this state, who holds an
unexpired license or certificate of registration issued by the state in which such persons's
principal office is located, and such other certification as the board deems necessary, shall be
permitted to offer to render such architectural services in this state without first having been
licensed by this state, but shall not practice architecture until licensed in this state.

310-A:46 Expiration and Renewals. All licenses issued by the board shall expire on the last
day of the month of the licensee's birth in the year 2 years following the year of issuance. The
board shall cause notification of the impending license expiration to be sent to each licensee at
least one month prior to the expiration date of the license. If the renewal fee is not submitted
within 12 months after the expiration date of the license, the licensee's name shall be removed
from the mailing list and roster. An application for reinstatement shall be required to return to
active status. The board, pursuant to rules adopted under RSA 310-A:21, shall charge up
to 20 percent late fee for each month or fraction of a month the renewal is late, up to 12
months, in addition to the late fee.

310-A:46-a Continuing Education Required. Any person holding a license shall be required
to complete 12 units of continuing education each year, consisting of 8 units in the area of health,
safety, and welfare and 4 units in the area of sustainable design. Each person shall be responsible
for maintaining evidence of his or her continuing education units and shall submit such evidence
of continuing education units to the board biennially upon renewal of his or her license.

310-A:47 Investigations and Disciplinary Proceedings.

I. The board may undertake investigations or disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon complaint of any person which charges that a person licensed by the
board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.

(b) Conviction of a felony or any offense involving moral turpitude.

(c) Any unprofessional conduct or dishonorable conduct unworthy of, and affecting the practice of the profession.

(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a
manner inconsistent with the interests of persons relying on the expertise of the licensee.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee
unfit to practice under this subdivision.

(f) Mental incompetency to practice under this subdivision.

(g) Willful or repeated violation of the provisions of this subdivision.

(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

(i) Violations of the rules of professional conduct for architects, or any other rule adopted by the board.

(j) Providing false testimony before the board.

(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested,
information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.

(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of architecture.

10:2 New Section; Architects; Penalties. Amend RSA 310-A by inserting after section 47 the following new section:

310-A:47-a Disciplinary Actions; Penalties.

I. The board, upon making an affirmative finding under RSA 310-A:47, may take disciplinary action in any one or more of the following ways:

(a) By written reprimand.

(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.

(c) By revocation of a license.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

(e) By requiring the person to practice under the direct supervision of a licensed architect for a period of time specified by the board.

(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000
per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.

II. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license
may appeal the decision in accordance with RSA 541.

III. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding,
including investigations and stenographer’s and attorney’s fees as a condition of probation or reinstatement.

IV. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

310-A:48 Hearings.

I. The board shall take no disciplinary action without a hearing. At least 14 days prior to
hearing, both parties to a disciplinary proceeding shall be served, either personally or by
certified mail, return receipt requested, with a written copy of the complaint filed and notice of
the time and place for hearing. All complaints shall be objectively received and fairly heard by
the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all
written complaints received by the board within one year of the date notice of a complaint was
received by the accused, unless otherwise agreed to by the parties. Written notice of all
disciplinary decisions made by the board shall be given to both parties to the proceeding upon
their issuance.

II. The board may subpoena witnesses and compel their attendance, and also may require the
production of books, papers and documents in a case involving the revocation of registration.
Any member of the board may administer oaths or affirmations to witnesses appearing before the
board. Any person failing or refusing to obey the subpoena or order of the board may be pro-
ceeded against in the same manner as for refusal to obey any other subpoena.

310-A:49 Reissuance of Licenses. The board, for reasons it may deem sufficient, may reissue a
license to any person whose license has been suspended or revoked, provided 3 or more members
of the board vote in favor of such reissuance. A new license may be issued, subject to the rules
of the board, and a charge shall be made for such issuance.

310-A:50 Violations.

I. It shall be a class B misdemeanor for any natural person or a felony for any business
organization to:

(a) Present or attempt to use the license or seal of another as one's own;

(b) Give any false or forged evidence of any kind to the board or to any board member in
obtaining a license;

(c) Falsely impersonate any other licensee of like or different name;

(d) Attempt to use an expired or revoked license;

(e) Practice architecture or to offer, advertise or hold oneself out to the public as being in the practice
of architecture in this state without a license, or to represent by verbal claim, sign, letterhead, card,
or in any other way that such person performs architectural services, unless the person holds a license
under this subdivision; or

(f) Violate any of the provisions of this subdivision.

II. Repealed Effective 1/96.

310-A:51 Restraint of Violations. The superior court shall have jurisdiction in equity to
restrain violations of RSA 310-A:50 on proceedings brought by the attorney general, the board or
any society of licensed architects duly incorporated under the laws of this state.

310-A:52 Exemptions. Nothing in this subdivision shall be construed to prevent or affect:

I. The preparation of drawings and specifications for and the supervision of the
construction or alteration of a single-family or 2-family residence or of any building used for
farm purposes;

II. The alteration of an existing building not involving structural changes;

III. The practice of architecture by officers and employees of the united States while
engaged within the state in the practice of architecture for the federal government; or

IV. The preparation of drawings and specifications for, and the supervision and alteration
of, any structure which does not have as its principal structural members reinforced concrete or
structural steel and is 2-1/2 stories or less, and 4,000 square feet or less, and is not a building of
assembly, which includes schools, churches, auditoriums, theaters, hospitals and any building for
the elderly.

These laws are made available to the public by the
New Hampshire Office of Professional Licensure and Certification
121 South Fruit Street
Concord, New Hampshire 03301
(603) 271-2219


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