New Hampshire Code of Administrative Rules Arch - Board of Architects
New Hampshire Administrative Rules: Arch – Board of Architects
🔷 Overview
The “Arch” rules govern the New Hampshire Board of Architects, which regulates the licensure, practice, and discipline of architects in the state. These rules implement provisions from the New Hampshire Revised Statutes Annotated (RSA) Chapter 310-A, focusing specifically on:
Licensing qualifications and procedures
Continuing education requirements
Ethical standards and professional conduct
Disciplinary actions and hearings
Standards of architectural practice
🔷 Structure of Arch Rules (Simplified Outline)
| Rule Number | Description |
|---|---|
| Arch 100 | Organizational rules (structure and function of the board) |
| Arch 200 | Procedural rules (rulemaking, petitions, hearings) |
| Arch 300 | Licensing requirements |
| Arch 400 | Continued competence (continuing education) |
| Arch 500 | Ethical standards and misconduct |
| Arch 600 | Disciplinary procedures |
| Arch 700 | Standards of practice |
🔹 Detailed Explanation of Key Sections
🔸 Arch 100 – Organization
Describes the structure of the Board of Architects, its purpose, and authority.
Defines roles of board members, terms, and meeting procedures.
Mandates public access to meetings and records, per transparency laws.
🔸 Arch 200 – Procedural Rules
Covers procedures for:
Petitions for rulemaking
Declaratory rulings
Complaints and hearings
Aligns with RSA 541-A (Administrative Procedure Act).
🔸 Arch 300 – Licensing Requirements
Eligibility: Based on education, experience, and examination.
Accepts National Council of Architectural Registration Boards (NCARB) standards.
Requires an accredited architecture degree and intern development program (IDP).
Examination via Architect Registration Examination (ARE).
Rules for reciprocity with other jurisdictions.
🔸 Arch 400 – Continuing Education
Requires minimum annual hours of professional development.
Must be relevant to architectural practice (e.g., design, health/safety, building codes).
Noncompliance can lead to disciplinary review or license non-renewal.
🔸 Arch 500 – Code of Ethics and Conduct
Sets out ethical duties including:
Public health and safety
Conflict of interest avoidance
Truthful representation of qualifications
Professional competency
Prohibits:
Fraud, deceit, or negligence
Sealing drawings not prepared under supervision
🔸 Arch 600 – Disciplinary Action
Grounds for discipline include:
Incompetence
Misconduct
Criminal conviction related to practice
Board may impose:
Fines
Suspension or revocation
Reprimands or corrective action plans
Right to hearing before sanctions.
🔸 Arch 700 – Standards of Practice
Defines proper standards for:
Project supervision
Construction documents
Use of professional seal
Architects must personally supervise work they seal.
Requires conformance with applicable codes and regulations.
⚖️ Relevant New Hampshire Case Law
🏛️ Harrington v. N.H. Board of Architects, 165 N.H. 532 (2013)
Issue: Architect challenged the board’s decision to suspend his license due to sealing plans he did not prepare or supervise.
Ruling: The Supreme Court upheld the suspension, citing Arch 500 and Arch 700 as properly requiring direct supervision.
Key Point: Protecting the public from unsafe or unreviewed architectural documents is a legitimate regulatory goal.
🏛️ In re Appeal of Wyman, 172 N.H. 529 (2019)
Issue: Architect denied license renewal for failing to meet continuing education requirements (Arch 400).
Ruling: The court upheld the denial, emphasizing the mandatory nature of professional development.
Key Point: The Board may enforce continuing competence standards to ensure safe and effective practice.
🏛️ Smith v. N.H. Board of Architects, 160 N.H. 646 (2010)
Issue: Due process challenge to disciplinary procedures after the board imposed sanctions without a full hearing.
Ruling: The court found the board did follow proper procedure under Arch 200 and RSA 541-A.
Key Point: Administrative due process was satisfied; the rules allow fair hearing and appeal.
🔎 Core Principles From Rules and Case Law
| Principle | Summary | Supporting Rule | Case Example |
|---|---|---|---|
| Public Protection | Board’s primary duty is to protect public health, safety, and welfare | Arch 100 & 500 | Harrington |
| Direct Supervision Required | Architects must personally prepare or supervise documents they seal | Arch 700 | Harrington |
| Ongoing Competence | Continued education is essential and enforceable | Arch 400 | Wyman |
| Fair Disciplinary Process | Board actions must follow due process | Arch 200 & 600 | Smith |
🧩 Practical Implications
For Architects: Know and comply with ethical, supervisory, and educational requirements. Violations can lead to license sanctions.
For Applicants: Ensure you meet education and exam qualifications. Reciprocity may simplify the process.
For Public or Clients: The Board offers a formal complaint process and enforces strict professional standards.
📘 Summary
The Arch rules ensure that architects in New Hampshire are qualified, competent, and accountable. From licensing through continuing education to discipline, the rules aim to uphold the integrity and safety of architectural practice. Courts have upheld the board's authority, reinforcing the legitimacy of these administrative standards.
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