Code of Massachusetts Regulations 231 CMR - BOARD OF REGISTRATION OF ARCHITECTS
Here’s an organized overview of 231 CMR — Board of Registration of Architects (Massachusetts):
📘 Structure of 231 CMR
The regulation is divided into four major sections:
231 CMR 2.00 – General Provisions: Definitions, board duties, meeting rules, and registration roster maintenance (mass.gov, law.cornell.edu).
231 CMR 3.00 – Application, Examination, Registration & Renewal: Covers eligibility criteria, reciprocity, NCARB records, fees, CORI background checks, and annual renewal/continuing education requirements (harborcompliance.com).
231 CMR 4.00 – Rules of Professional Conduct: Detailed below.
231 CMR 4.05 – Grounds for Disciplinary Action: Violations leading to discipline, including fraud, incompetence, misconduct, seal misuse, unlicensed practice, criminal convictions, etc. (regulations.justia.com, mass.gov).
🏛️ Key Highlights from 231 CMR 4.00
1. §4.01 – Rules of Professional Conduct
Competence: Must exercise reasonable care and competence; comply with relevant laws and building regulations (mass.gov).
Conflicts of Interest: Only accept compensation from multiple parties with full written disclosure and consent; prohibits accepting gifts from suppliers .
Full Disclosure: Must disclose paid public statements, qualifications, or when aware of regulatory violations; can resign without liability if disagreeing on public safety decisions (mass.gov).
Compliance with Laws: No violations of state/federal law; prohibits bribery and improper gifts (mass.gov).
Professional Conduct & Sealing: Only seal work personally prepared or prepared under responsible control; seal use must meet standards; gifts must be nominal; fraud is prohibited (mass.gov).
Advertising: Allowed if not false, deceptive, or misleading (mass.gov).
2. §4.02 – Architect’s Seal
Rubber seal must match specified design, include registration number, “Registered Architect,” and Massachusetts (or home jurisdiction for out‑of‑state architects); personal use only on work under responsible control (mass.gov).
3. §4.03 – Title Use Restrictions
Titles like “Architect” or variations are limited to registered persons; “Intern‑Architect” allowed only for those in NCARB IDP.
Firms using a trade name must file a certification with the Board and update it upon changes (mass.gov, malsce.org).
4. §4.04 – Practice by Entities
Entities (corporations, partnerships, LLCs, LLPs, joint ventures) can only offer architectural services if:
At least one registered architect is involved in leadership;
Contracts are signed by them;
Services are performed under their responsible control;
LLCs/LLPs must carry professional liability insurance (minimums set by member count, aggregate limits, or maintain a segregated capital fund equivalent) (mass.gov).
5. §4.05 – Disciplinary Actions
Violations include, but aren’t limited to, fraud, dishonesty, incompetence, misuse of seal, unauthorised practice, criminal convictions, substance impairment and revocation of NCARB certification. Disciplinary measures range from reprimands to suspension or revocation of registration (mass.gov).
🛠️ Why This Matters
For Individual Architects: Ensures your professional conduct, advertising, seal use, and corporate involvement comply with legal standards.
For Firms and Entities: Highlights entity-level requirements—must have registered architect leadership, seal oversight, insurance, and file official business names.
For Clients & the Public: Indicates how architects are held accountable—standards, transparency, recourse.
✅ Accessing the Full Text
The complete code is available—unofficially via Cornell’s LII, Justia, or Casetext; and officially through Massachusetts Trial Court Law Libraries or by purchasing from the State Bookstore (sec.state.ma.us, en.wikipedia.org).
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