# COMAR Title 09 — Maryland Department of Labor

## Subtitle 21 — Board of Architects

### Chapter 01 — General Regulations

**Authority:** Business Occupations and Professions Article, §3-208(a)(1), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted April 9, 1973 and amended effective June 11, 1975 (2:13 Md. R. 929)

**Administrative History:** Regulation .02B amended effective July 30, 1984 (11:15 Md. R. 1330)

**Administrative History:** Regulation .02B amended as an emergency provision effective January 2, 1985 (12:2 Md. R. 131); emergency status expired May 2, 1985; adopted permanently effective September 9, 1985 (12:18 Md. R. 1765)

**Administrative History:** Regulation .02B amended effective April 2, 1990 (17:6 Md. R. 740)

**Administrative History:** Regulation .02D amended effective February 13, 1984 (11:3 Md. R. 199); April 2, 1990 (17:6 Md. R. 740)

**Administrative History:** Regulation .03C amended effective March 10, 1986 (13:5 Md. R. 542)

**Administrative History:** Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1786); April 2, 1990 (17:6 Md. R. 740)

**Administrative History:** Regulation .04E adopted effective February 13, 1984 (11:3 Md. R. 199); repealed effective July 30, 1984 (11:15 Md. R. 1330)

**Administrative History:** Regulation .04E adopted effective April 8, 1985 (12:7 Md. R. 701)

**Administrative History:** Regulation .04E amended effective August 21, 1989 (16:16 Md. R. 1749)

**Administrative History:** Regulation .04F adopted effective December 29, 1986 (13:26 Md. R. 2806)

**Administrative History:** Regulation .04G adopted effective March 23, 1987 (14:6 Md. R. 713)

**Administrative History:** Regulation .04H amended effective March 7, 1988 (15:5 Md. R. 617)

**Administrative History:** Regulation .05 adopted effective June 11, 1975 (2:13 Md. R. 929); amended effective June 16, 1978 (5:12 Md. R. 966)

**Administrative History:** Regulations .06—.07 adopted April 9, 1973 and amended effective June 11, 1975 (2:13 Md. R. 929)

**Administrative History:** Regulation .08 adopted effective November 27, 1974 (1:5 Md. R. 240)

**Administrative History:** Regulations .09—.10 adopted April 9, 1973 and amended effective June 11, 1975 (2:13 Md. R. 929)

**Administrative History:** Regulation .09 amended effective March 28, 1983 (10:6 Md. R. 555)

**Administrative History:** Regulation .09A, C amended effective August 25, 1978 (5:17 Md. R. 1329)

**Administrative History:** Regulation .09B amended effective December 30, 1985 (12:26 Md. R. 2544)

**Administrative History:** Regulation .09B-1 adopted effective March 1, 1982 (9:4 Md. R. 331)

**Administrative History:** Regulation .09C amended effective November 23, 1981 (8:23 Md. R. 1855); March 7, 1988 (15:5 Md. R. 617); May 27, 1991 (18:10 Md. R. 1116)

**Administrative History:** Regulation .09D amended effective March 1, 1982 (9:4 Md. R. 331); March 7, 1988 (15:5 Md. R. 617); May 27, 1991 (18:10 Md. R. 1116); June 6, 1994 (21:11 Md. R. 950)

**Administrative History:** Regulation .09D-1—D-8 amended effective March 7, 1988 (15:4 Md. R. 617)

**Administrative History:** Regulation .09G—I, M amended effective February 13, 1984 (11:3 Md. R. 199)

**Administrative History:** Regulation .09N adopted effective March 7, 1988 (15:5 Md. R. 617)

**Administrative History:** Regulations .01—.05 repealed and new Regulations .01, .01-1, .02, .03, .04, .04-1, and .05 adopted effective July 28, 1997 (24:15 Md. R. 1062)

**Administrative History:** Regulation .04F amended effective December 28, 1998 (25:26 Md. R. 1921)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective May 5, 1997 (24:9 Md. R. 656)

**Administrative History:** Regulation .06B amended effective October 29, 2001 (28:21 Md. R. 1856)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective May 5, 1997 (24:9 Md. R. 656)

**Administrative History:** Regulation .07-1 adopted effective May 5, 1997 (24:9 Md. R. 656)

**Administrative History:** Regulation .09 repealed and new Regulation .09 adopted as an emergency provision effective June 15, 1997 (24:13 Md. R. 928); adopted permanently effective October 20, 1997 (24:21 Md. R. 1449)

**Administrative History:** Regulation .09A amended effective January 8, 2001 (27:26 Md. R. 2358)

**Administrative History:** Regulation .09A amended as an emergency provision effective December 11, 2000 (28:1 Md. R. 20); amended permanently effective April 16, 2001 (28:7 Md. R. 689)

**Administrative History:** Regulation .09 repealed as an emergency provision effective July 1, 2003 (30:14 Md. R. 932); repealed permanently effective November 10, 2003 (30:22 Md. R. 1579)

**Administrative History:** Chapter revised effective September 1, 2003 (30:17 Md. R. 1203)

**Administrative History:** Regulation .05D amended effective September 25, 2006 (33:19 Md. R. 1559); July 2, 2007 (34:13 Md. R. 1151)

**Administrative History:** Regulation .05F amended effective April 11, 2005 (32:7 Md. R. 679); April 7, 2008 (35:7 Md. R. 748)

**Administrative History:** Regulations .01—.06 repealed and new Regulations .01—.07 adopted effective November 30, 2009 (36:24 Md. R. 1858)

**Administrative History:** Regulation .04B amended effective April 25, 2016 (43:8 Md. R. 497); July 29, 2019 (46:15 Md. R. 654)

**Administrative History:** Regulation .05 amended effective July 29, 2019 (46:15 Md. R. 654)

**Administrative History:** Regulation .06 amended effective July 29, 2019 (46:15 Md. R. 654)

**Administrative History:** Regulation .07A amended effective July 29, 2019 (46:15 Md. R. 654)

#### Regulation .01 Definitions.

*COMAR 09.21.01.01*

The definitions set forth in Business Occupations and Professions Article, §3-101, Annotated Code of Maryland, apply in this chapter unless otherwise noted.

#### Regulation .02 Relationship with the National Council of Architectural Registration Boards (NCARB).

*COMAR 09.21.01.02*

A. The Board shall:

  (1) Maintain membership in the National Council of Architectural Registration Boards (NCARB) and pay the necessary costs for membership;

  (2) Keep up-to-date information on the rules, appendices, and policies adopted from time to time by NCARB; and

  (3) Cooperate with NCARB in rendering assistance necessary to aid in establishing uniform standards of professional qualifications throughout the United States and its territories.

B. The Board has adopted and shall continue to use, until further notice, the:

  (1) NCARB examination and NCARB grading procedures; and

  (2) Examination appeal process recommended by NCARB.

#### Regulation .03 Requirements for Licensure.

*COMAR 09.21.01.03*

In order to qualify for a license, an applicant shall satisfy the Board that the applicant possesses the proper qualifications to engage in the practice of architecture in the State as set forth in Business Occupations and Professions Article, §3-303, Annotated Code of Maryland, including, but not limited to, the following:

A. Be of good character and reputation;

B. Fulfill the educational requirements set forth in Regulation .04 of this chapter;

C. Complete the experience requirements set forth in Regulation .05 of this chapter; and

D. Pass all parts of the Architect Registration Examination (ARE) more particularly described in Regulation .06 of this chapter.

#### Regulation .04 Educational Requirements.

*COMAR 09.21.01.04*

A. To qualify for a license, an applicant shall meet the educational requirements set forth in Business Occupations and Professions Article, §3-303(c), Annotated Code of Maryland.

B. If an applicant does not meet the professional education degree requirements referenced in §A of this regulation, an applicant shall comply with the education requirements by either work experience or academic training, or a combination of both, in accordance with the following Education Equivalency Matrix:

  1. Combinations of Educational Experience not explicitly stated in the Education Equivalency Matrix shall be considered on a case-by-case basis by the Board.

  2. Work experience shall be directly related to architectural work and be completed under the direct supervision of a licensed architect. The work experience shall be full-time, a minimum of 40 hours per week. The work experience shall be completed in the office of a licensed Architect except that 80% of the required work experience may be completed as an employee of an organization other than the office of a licensed Architect if the work experience is directly related to architectural work and is completed under the direct supervision of a licensed Architect. All work experience must be documented on the Board’s ERC Forms.

  3. No credit is given.

#### Regulation .05 Architectural Experience Program (AXP) Requirements.

*COMAR 09.21.01.05*

An applicant shall complete the training requirements of the Architectural Experience Program (AXP) as outlined in the appropriate NCARB guidelines.

#### Regulation .06 Architect Registration Examination (ARE) Requirements.

*COMAR 09.21.01.06*

A. The Board shall use the Architect Registration Examination (ARE) prepared by the National Council of Architectural Registration Boards (NCARB).

B. The Board has followed and shall continue to follow, until further notice, appropriate NCARB guidelines pertaining to the ARE methodologies and grading procedures.

C. In order to be eligible for admission to the ARE, an applicant shall meet the following requirements:

  (1) Satisfy the educational requirements set forth in Regulation .04 of this chapter;

  (2) Be enrolled in the Architectural Experience Program (AXP) and provide the Board with NCARB-issued verification of enrollment; and

  (3) Establish to the Board's satisfaction, by at least three character references from other architects, employers, community leaders, or professional societies, that the applicant is an individual of good character and reputation.

D. The Board reserves the right at any time to require that an applicant produce evidence acceptable to the Board of the applicant’s enrollment in the AXP as a condition of taking the ARE.

E. Certification by NCARB that an applicant is enrolled in the AXP is prima facie evidence of the enrollment.

F. An application to take the ARE shall be made on the form acceptable to the Board.

G. Fees established by the Board and set forth in COMAR 09.21.04 shall accompany all applications, unless otherwise specified.

H. Transfer of Grades.

  (1) The Board may accept the transfer of grades for any part of the ARE from the state of examination.

  (2) The request for transfer shall be made at the time of application to sit for the examination in Maryland.

  (3) It is the responsibility of the applicant to request the transferring state to transfer that applicant's grades and file to the Board.

#### Regulation .07 Licensure.

*COMAR 09.21.01.07*

A. After the applicant has satisfied the Board, and, if applicable, the National Council of Architectural Registration Boards (NCARB), that the applicant possesses the proper qualifications to engage in the practice of architecture in the State, including, but not limited to, the fulfillment of the educational requirements, successful completion of all parts of the Architect Registration Examination (ARE), and completion of the Architectural Experience Program (AXP), and upon payment of the licensing fee, the Board shall issue to the applicant:

  (1) A certificate of licensure; and

  (2) A license card.

B. The certificate of licensure and the license card issued by the Board are not transferable.

C. The Board shall issue a replacement for a lost, destroyed, or mutilated certificate of licensure upon filing by the licensee with the Board of a signed statement setting forth the facts incident to the loss, destruction, or mutilation. The statement shall be accompanied by the proper fee set by the Board.

D. Use of the certificate of licensure or of a professional seal as evidence of licensure is prohibited unless accompanied by a valid and unexpired license card.
