CHAPTER Arch 100  DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

 

PART Arch 101  PURPOSE AND SCOPE

 

          Arch 101.01  Purpose and Scope.  The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for architects created by RSA 310-A:29.  These provisions regulate but are not limited to the licensing of architects and the practice of architecture in the state of New Hampshire.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6136, eff 12-1-95; ss by #7942, eff 8-27-03

 

PART Arch 102  DEFINITIONS

 

         Arch 102.01  Terms Used.  As used in these rules, the following terms shall have the meanings indicated:

 

         (a)  "Architect" means, "architect" as defined in RSA 310-A:28, I namely "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";

 

         (b)  "Architecture" means "architecture" as defined in RSA 310-A:28, II namely "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";

 

         (c)  "Board" means the New Hampshire board of licensure for architects created by RSA 310-A:29; and

 

         (d)  “Architect retired” means a person who has been licensed as an architect by the board and who chooses to relinquish or not to renew a license and who applies for the honorary status of architect, retired.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6136, eff 12-1-95; ss by #7942, eff 8-27-03; amd by #9875, eff 3-1-11; ss by #13769, eff 10-7-23

 

PART Arch 103  BOARD ORGANIZATION

 

          Arch 103.01  Duties and Responsibilities.  The board shall administer the provisions of RSA 310-A:28-52 which include but are not limited to safeguarding  property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of architecture in this state.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6136, eff 12-1-95; ss by #7942, eff 8-27-03

 

          Arch 103.02  Composition of the Board.  Pursuant to RSA 310-A:29, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:29, I, II or both.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6136, eff 12-1-95; ss by #7942, eff 8-27-03

 

          Arch 103.03  The Chairperson and Vice Chairperson.  The chairperson shall preside at all meetings.  In the absence of the chairperson, the vice-chairperson shall preside.

 

Source.  #7942, eff 8-27-03

 

         Arch 103.04  Organization.  The board shall hold at least 3 regular meetings each year and special meetings at such times as necessary.  The board shall biennially elect or appoint a chairperson and vice-chairperson.

 

Source.  #7942, eff 8-27-03; ss by #7942, eff 8-27-03; ss by #13769, eff 10-7-23 (formerly Arch 103.05)

 

         Arch 103.05  Seal.  The seal of the board shall be an embossed circular seal consisting of an outer circle and an inner circle.  Between the outer and inner circle shall be the words “Office of Professional Licensure and Certification” and “N.H. Boards, Counsels, and Commissions”.  Inside the inner circle shall be an outline of the state of New Hampshire and the letters “OPLC”.

 

Source.  #7942, eff 8-27-03; ss by #7942, eff 8-27-03; ss by 13769, eff 10-7-23 (formerly Arch 103.04)

 

         Arch 103.06  Office Hours, Office Location, Mailing Address and Telephone.

 

         (a)  The board’s office shall be located at the Office of Professional Licensure and Certification, 7 Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

         (b)  Correspondence shall be addressed to the board at:

 

Office of Professional Licensure and Certification

7 Eagle Square

Concord, N.H. 03301

 

         (c)  The board’s telephone number shall be 603-271-2152.

 

Source.  #7942, eff 8-27-03; ss by #13271, eff 10-2-21; renumbered by 13769 (formerly Arch 103.07)

 

PART Arch 104  PUBLIC INFORMATION

 

         Arch 104.01  Record of Board Actions.  Minutes shall be kept of board meetings and of official actions taken by the board.  Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 5 days from the close the meeting or vote in questions.

 

Source.  #6378, eff 11-22-96; ss by #7942, eff 8-27-03; ss by #13769, eff 10-7-23

 

         Arch 104.02  Custodian of Records.  Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  #7942, eff 8-27-03; ss by #13769, eff 10-7-23

 

PART Arch 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

         Arch 105.01  Meetings.  Regular meetings shall be held at least 3 times each year.  Special meetings shall be called by order of the chairperson or secretary.  Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted in 2 conspicuous places, one of which shall be the board’s website.

 

Source.  #7942, eff 8-27-03; ss by #13271, eff 10-2-21

 

         Arch 105.02  Quorum.  A quorum of the board shall consist of a majority of the appointed members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law.  In the absence of the chair, vice chair, or secretary, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

 

Source.  #7942, eff 8-27-03; ss by #13769, eff 10-7-23

 

PART Arch 106  APPOINTMENT OF COMMITTEES

 

          Arch 106.01  Committees.

 

          (a)  A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

 

          (b)  When expressly authorized by the board, the authority of a committee shall include:

 

(1)  The retention of voluntary assistance from qualified non-board members; and

 

(2)  The retention of paid advisors or consultants pursuant to RSA 332:G-3.

 

Source.  #7942, eff 8-27-03

 

CHAPTER Arch 200  RULES OF PRACTICE AND PROCEDURE

 

REVISION NOTE:

 

          Document #13768, effective 12-5-23, repealed Part Arch 201 through Part Arch 216 in Chapter Arch 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”.  Document #13768 also adopted a new Part Arch 201 titled “Applicability and Waiver of Substantive Rules”, containing Arch 201.01 titled “Rules of Practice and Procedure” and Arch 201.02 titled “Waiver of Administrative Rules.” 

 

Document #13768 replaces all prior filings affecting the rules in the former Chapter Arch 200.  The prior filings included the following documents.  Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

 

#6153, eff 12-27-95

#7943-A, eff 8-27-03

#7943-B, eff 8-27-03, EXPIRED: 8-27-11 (Arch 217 only)

#10086, eff 2-1-12, EXPIRED: 2-1-20 (Arch 217 only)

#13271, eff 10-2-21

 

          As practice and procedure rules, the rules in Document #13768 will not expire except pursuant to RSA 541-A:17, II.

 

PART Arch 201  APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

 

          Arch 201.01  Rules of Practice and Procedure.  The Plc 200 rules shall govern with regards to all procedures for:

 

          (a)  The receipt of misconduct complaints;

 

          (b)  The conduct of disciplinary proceedings;

 

          (c)  Rulemaking submissions, considerations, and disposition of rulemaking petitions;

 

          (d)  Public comment hearings;

 

          (e)  Declaratory rulings;

 

          (f)  Explanation of adopted rules; and

 

          (g)  Voluntary surrender of licenses.

 

Source.  (See Revision Note at chapter heading for Arch 200) #13768, eff 12-5-23

 

          Arch 201.02  Waiver of Administrative Rules.

 

          (a)  The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of RSA 310-A:28 through RSA 310-A:52.

 

          (b)  Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

 

(1)  The rule for which a waiver is requested;

 

(2)  The anticipated length of time the requested waiver will be needed;

 

(3)  The reason for requesting the waiver;

 

(4)  Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

 

(5)  A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

 

(6)  The signature of the applicant.

 

          (c)  The board shall consider the following when determining whether to approve or deny a waiver:

 

(1)  If adherence to the rule would cause the petitioner unnecessary or undue hardship;

 

(2)  If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

 

(3)  Would enforcement of the rule injure a third person(s); and

 

(4)  Would waiver of the rule injure a third person(s).

 

          (d)  The board shall approve a waiver of an administrative rule request only if:

 

(1)  Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A;

 

(2)  The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

 

(3)  The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

 

          (e)  If the board, after receiving and reviewing a request for a waiver, requires further information or documents to determine granting or denying the waiver shall:

 

(1)  Notify the applicant in writing within 30 days; and

 

(2)  Specify the information or document the board requires.

 

          (f)  The board shall issue a written approval or denial of the waiver within 60 days of the date that the request is received, unless additional information or documentation is required.  If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

 

Source.  (See Revision Note at chapter heading for Arch 200) #13768, eff 12-5-23

 

CHAPTER Arch 300  LICENSURE REQUIREMENTS

 

PART Arch 301  APPLICATION REQUIREMENTS

 

Arch 301.01  Application Process.

 

(a)  Each person wishing to become licensed as an architect shall complete and submit the “Universal Application for Initial License” as required by Plc 304.01(a)-(c), and the application fee as specified in Plc 1002.04. 

 

(b)  If the application for licensure is denied, the applicant shall be provided an opportunity to request a hearing pursuant to Plc 304.10.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

Arch 301.02  Application for Licensure.  Each applicant for licensure shall complete and submit the “NH Architect Addendum to the Universal Application for Initial License”, revised 4/2026,  by providing the following information and including the following attachments:

 

(a)  A yes or no answer to the question “Have you successfully passed the Architectural Registration Examination (ARE),  If “yes”, have you requested that the testing organization transmit the examination results to the office of professional licensure and certification (OPLC) as required by Plc 303.03(a)”;

 

(b)  A yes or no answer to the question “Have you ever held a NCARB certificate? If the answer is yes, have you requested the NCARB certificate be transmitted to the OPLC?”;   

 

(c)  A yes or no answer to the question, “Have you completed the Architectural Experience Program (AXP)? If the answer is yes, have you requested the AXP record be transmitted to the OPLC?”;

 

(d)  Five references of character that provide the information required in Arch 301.03 and 301.04 below;

 

(e)  The following information to document the applicant’s practical experience :

 

(1)  The applicant’s name, dates of employment, character of employment, position title, and the name and present address of all employers;

 

(2)  The applicant’s position title and description of duties for each position, including types of work performed, and degree of responsibility;  and

 

(3)  Name and present address of someone familiar with each position listed in (2) above; and

 

(f)  A description of the applicant’s record of the supplementary experience gained through  architectural projects or assignments the applicant was involved in, including the following information:

 

(1)  A description of the project or assignment by job title, and location;

 

(2)  An indication as to which of the employers listed in (e) above for which the project or assignment was undertaken; and

 

(3)  An indication of what portion of the work the applicant was personally responsible for.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

Arch 301.03  References Required.  Each applicant for licensure shall arrange for the OPLC to receive a minimum of 5 references, at least 3 of which shall be provided by  licensed architects having detailed knowledge of the applicant’s architecture experience.

 

Source.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

Arch 301.04  Information from References.

 

(a)  The person providing the reference shall provide the following information to the OPLC in writing, pursuant to Plc 103.03, or electronically, to customersupport@oplc.nh.gov:

 

(1)  The applicant’s name;

 

(2)  The name,  current business address, and occupation of the person providing the reference;

 

(3)  Whether the reference is a licensed architect as defined by RSA 310-A:28, I;

 

(4)  Whether the reference has worked professionally with the applicant; and

 

(5)  Signature of reference and date acknowledging that:

 

a.  The reference personally knows the applicant and is not related to the applicant by blood or marriage;

 

b.  The reference has known the applicant for the length of time stated; and

 

c.  Based on the reference’s personal knowledge, the applicant is a person of good character.

 

(b)  No reference shall be accepted except submissions made directly to the OPLC by the person providing the reference .

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

PART Arch 302  QUALIFICATIONS

 

Arch 302.01  Candidate Requirements.

 

(a)  Candidates for the architectural registration exam (ARE) shall meet one of the following requirements:

 

(1)  Hold a professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board (NAAB) or its successor organization;

 

(2)  Be a student actively participating in a National Council of Architectural Registration Boards (NCARB) accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB accredited professional degree program in architecture; or

 

(3)  Have met the education and experience requirements outlined in (b)(2) or (3), below.

 

(b)  Qualifications for licensure shall be determined as follows:

 

(1)  Candidates possessing National Architectural Accrediting Board (NAAB) or Canadian Architectural Certification Board (CACB) accredited professional degree in architecture shall have documented completion of the NCARB AXP once, in accordance with the NCARB Certification Guidelines January 2026 edition as specified in Appendix B;

 

(2)  Candidates possessing a bachelor’s degree with at least 60 semester credit hours in architectural related courses, whether earned as part of the degree program, or separate from the degree program, shall:

 

a.  Have at least 7 years’ architectural experience with documented completion of the AXP, once, in accordance with the NCARB Certification Guidelines January 2026 edition as specified in Appendix B; or

 

b.  Document completion of the AXP twice, in accordance with the NCARB Certification Guidelines January 2026 edition as specified in Appendix B;

 

(3)  Candidates who possess an associate or bachelor degree and have completed at least 30 semester hours in architecture related courses, whether as part of or in addition to the degree program, shall either:

 

a.  Have a minimum of 10 years of architectural experience and have completed the AXP once, in accordance with the NCARB Certification Guidelines, January 2026 edition, as referenced in Appendix B; or

 

b.  Have completed the AXP 3 times, in accordance with the NCARB Certification Guidelines, January 2026 edition, as referenced in Appendix B;

 

(4)  Candidates possessing a high school diploma or equivalent degree shall either:

 

a. Have at least 13 years’ architectural experience; or

 

b. Have documented completion of the AXP 4 times, in accordance with the NCARB Certification Guidelines January 2026  edition as specified in Appendix B; and

 

(5)  The candidate shall take the ARE prepared by NCARB and achieve a passing score on all sections.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7155, eff 12-14-99; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

Arch 302.02  Education and Training Standards.  Applicants shall be evaluated using the NCARB Certification Guidelines January 2026 edition as specified in Appendix B and NCARB Education Guidelines January 2026  edition as specified in Appendix B.  All candidates for licensure shall have completed the training requirements of the AXP through NCARB or have met the minimum requirements for NCARB certification pursuant to the NCARB Certification Guidelines January 2026 edition as specified in Appendix B.  

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7155, eff 12-14-99; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

PART Arch 303  EXAMINATIONS

 

Arch 303.01  Examinations.  All candidates for licensure shall have successfully passed all divisions of the National Council of Architectural Registration Boards (NCARB) architectural registration examination (ARE).  Applicants shall register directly with the testing organization, including paying any fee required by the testing organization, and request the testing organization to transmit the examination results directly to the OPLC.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #6439, eff 1-23-97; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

 

PART Arch 304  ENDORSEMENT

 

Arch 304.01  Endorsement.  Applicants who are licensed in another jurisdiction with substantially similar requirements to New Hampshire as stated in Plc 313.16, and who seek licensure based on endorsement shall apply for licensure as required by Plc 304.01 through Plc 304.05.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

 

PART Arch 305  FEES

 

Arch 305.01  Application and Licensure Fees.  The application, licensure, and related fees shall be as required by Plc 1002.04.

 

Source.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36 (formerly Arch 305.02)

 

PART Arch 306  CREDENTIALS

 

Arch 306.01  License.  An applicant for licensure as an architect, who has met all the requirements of RSA 310-A:28 - RSA 310-A:52 and this chapter, and who has paid all of the fees, shall be issued a license by the OPLC.

 

Source.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

Arch 306.02  Licensed Architect Seal/Stamp.

 

(a)  Upon issuance of an initial license to an applicant as a licensed architect, the licensee shall acquire an impression type seal or rubber stamp of the design specified by this section.  This seal shall bear the licensee’s name and number as shown on the license issued by the OPLC.  This seal, signature of the licensee, and date shall be affixed on all papers or documents involving the practice of architecture prepared by the licensee issued or filed for public record.

 

(b)  The seal shall consist of 2 concentric circles with the outer circle having a diameter 1-9/16 inches and the inner circle diameter 15/16 of an inch.  In the space between the circles at the top shall be the words “Licensed Architect” and at the bottom shall be the words “The State of New Hampshire.”  In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally.

 

(c)  The requirements of (b) above shall be as illustrated below in figure 3.1:

 

Figure 3.1 Seal/Stamp

 

(d)  It shall be misconduct for the licensee to stamp or seal any documents with their seal after the license has expired, been revoked, or suspended, or after the licensee has chosen retired status. It shall be misconduct for the licensee to stamp or seal any documents not prepared by the licensee personally or under their direct supervision.

 

Source.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36 (formerly Arch 306.03)

 

PART Arch 307  ARCHITECT CERTIFICATES FOR BUSINESS ORGANIZATIONS

 

Arch 307.01  Business Organization Certificate of Authorization Requirements.

 

(a)  Business organizations offering architectural services in New Hampshire shall meet the requirements established pursuant to RSA 310-A:42-a.

 

(b)  Persons designated as being responsible for the architectural activities of the business organization shall:

 

(1)  Be licensed as an architect in this state; and

 

(2)  Be employed exclusively by the business organization a minimum of 37.5 hours per week, except in the case of a business organization solely owned by a licensed architect.

 

(c)  Applicants for a certificate of authorization for a business organization shall complete and submit the “Universal Application for Initial License” as required by Plc 304.01 and provide the name, address, NH license number, and NH license status of person(s) responsible for architectural activities and decisions;

 

(d)  Applicants shall pay the application fee required by Plc 1002.04.

 

Source.  #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

PART Arch 308  FACILITATED LICENSING FOR MILITARY SPOUSES

 

Arch 308.01  Licensing for Active Duty Military Spouses.

 

(a)  Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the  OPLC for licensure on an application for licensure form as specified in Arch 301.02 and pay the fee required  in Plc 1002.04.

 

(b)  Each applicant for facilitated licensing as a military spouse shall provide a copy of the military member’s orders showing proof of active duty status.

 

(c)  Each applicant who applies for facilitated licensing as a military spouse shall be eligible to obtain a facilitated license if the military spouse is licensed or registered in another state or jurisdiction, provided that the other state’s or jurisdiction’s licensure or registration requirements are consistent with Plc 313.16.

 

(d)  A military spouse who obtains a facilitated license shall comply with all license renewal requirements pursuant to Arch 403.01.

 

Source.  #10904, eff 8-5-15; ss by #12847, eff 8-14-19’ ss by #13362, eff 13362, eff 4-6-22; ss by #14553, eff 6-2-26, EXPIRES: 6-2-36

 

CHAPTER Arch 400  CONTINUED STATUS

 

PART Arch 401  RENEWAL OF LICENSE

 

Arch 401.01  Expirations and Renewals.  Pursuant to RSA 310:8, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee.  The office of professional licensure and certification (OPLC) shall notify each architect at least 2 months prior to expiration of their license.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.02  Renewal of License.  Any licensee wishing to renew a license shall submit:

 

(a)  The Universal Application for License Renewal” required by Plc 308.05;

 

(b)  The fee required by Plc 1002.04; and

 

(c)  A completed “NH Architect Addendum to the Universal Application for License Renewal” that provides the information and documentation required by Arch 401.03.

 

Source.  #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.03  Renewal Application Addendum.  The applicant shall complete and submit a “NH Architect Addendum to the Universal Application for License Renewal,” revised 1/2026 attesting to the following:

 

(a)  The applicant has adhered to the ethical and professional standards of Arch 500; and

 

(b)  The applicant has complied with the continuing education requirements of Arch 403.01(c) or Arch 403.07, as applicable.

 

Source.  #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.04  Review of Complete Renewal Applications; Decisions.

 

(a)  The OPLC shall review completed applications as required by Plc 308.09 and Plc 308.11.

 

(b)  Applicants who want to challenge a denial of license renewal shall do so pursuant to Plc 308.12.

 

Source.  #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.05  Reinstatement.

 

(a)  To request reinstatement of an expired license not more than one year after the license expired, the former licensee shall complete the requirements for renewing a license specified in Arch 401.02 and Arch 401.03 and submit a statement to the OPLC indicating that the applicant has complied with the continuing education requirements of Arch 403.07.

 

(b)  An individual whose license has been expired more than one year who wishes to obtain a license shall apply for initial licensure as required by Plc 304 and Arch 301.01.

 

Source.  #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-18; ss by #13362, eff 4-6-22; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.06  Active Duty Military Inactive Status.

 

(a)  Any licensee who is a member of any reserve component of the armed forces of the United States or the National Guard who is called to active duty may submit a request to the OPLC to place their license in inactive status pursuant to Plc 307.06.  

 

(b)  The OPLC shall confirm that the license has been placed on inactive status in writing by email sent to the licensee’s designated email address.  

 

(c)  A licensee may request that their license be reactivated within one year of their release from active status by submitting a written request in accordance with Plc 307.07(b) together with payment of the fee for renewal required by Plc 1002.04 and proof of completion of applicable continuing competence requirements if the license term of the license that was put on inactive status has expired.

 

Source.  #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 401.07  Business Organization Certificate of Authorization Renewal. Certification of authorization for the practice of architecture shall be valid for 2 years. At least 2 months prior to the expiration of a license, the licensing bureau shall notify, via email sent to the licensee’s designated email address, each licensee whose license is expiring that the license is due to expire as required by Plc 308.03.

 

Source.  #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

PART Arch 402  DISCIPLINARY MATTERS

 

Arch 402.01  Disciplinary Sanctions.

 

(a)  Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

 

(1)  After prior notice and an opportunity to be heard; or

 

(2)  Pursuant to a mutually agreed upon settlement or consent decree.

 

(b)  When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, as described in Plc 311.14, the board shall issue an order in accordance with Plc 206.06 or Plc 206.07, as applicable.

 

(c)  In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the licensee shall be subject to any disciplinary sanction authorized by RSA 310:12.

 

(d)  After a finding that misconduct has occurred, and the board has determined that sanctions are appropriate, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310:12 after considering the presence of aggravating or mitigating circumstances.

 

(e)  The following shall be considered aggravating circumstances:

 

(1)  The seriousness of the offense;

 

(2)  Prior disciplinary record;

 

(3)  State of mind at the time of the offense;

 

(4)  Lack of willingness to cooperate with the OPLC; and

 

(5)  Potential harm to public health and safety.

 

(f)  The following shall be considered mitigating circumstances:

 

(1)  Absence of a prior disciplinary record;

 

(2)  State of mind at the time of the offense;

 

(3)  Willingness to cooperate with the OPLC;

 

(4)  Acknowledgment of the licensee’s wrongdoing; and

 

(5)  The purpose of the rule or statute violated.

 

(h)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required by Plc 311.09

 

Source.  #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36 (formerly Arch 402.02)

 

Arch 402.02  Administrative Fines.

 

(a)  Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines or other disciplinary action under RSA 310:12, I-a and Arch 100 – Arch 500 when the board is presented with evidence indicating that a violation might have occurred.

 

(b)  When persons subject to the board’s disciplinary authority are directed to pay fines in accordance with Arch 402.01(d), such fines shall be assessed in accordance with the factors stated in Arch 402.01(e) and (f).

 

(c)  Administrative fines shall be assessed in accordance with the factors in Plc 311.10 and Plc 311.11.

 

Source.  #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36 (formerly Arch 402.03)

 

PART Arch 403  CONTINUING EDUCATION

 

Arch 403.01  Renewal Requirements.

 

(a)  Continuing education units shall be earned pursuant to RSA 310-A:46-a.

 

(b)  A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that the applicant has completed the minimum required units of approved education required by (c) below.

 

(c)  Each licensee shall obtain at least 12 units of continuing education each year of the biennium in the areas of health, safety, and welfare as a condition of biennial license renewal.

 

(d)  If a licensee exceeds the requirement, a maximum of 12 continuing education units may be carried forward into the subsequent renewal period.

 

Source.  #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 403.02  Continuing Education Unit Requirements.  Continuing education units shall meet the following criteria:

 

(a)  Continuing education activities shall be relevant to the practice of architecture, or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

 

(b)  There is a provision for individual participant course or program registration including information required for record keeping and reporting; and

 

(c)  Self-directed learning activities shall include a written instrument which tests the licensee’s comprehension of the content of that course or program.

 

Source.  #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 403.03  Continuing Education Units.  Continuing education units shall be credited as follows:

 

(a)  Four continuing education units shall apply to activity on a state or national board of licensure;

 

(b)  Credit shall be awarded for one unit of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance;

 

(c)  Active participation in professional or technical societies shall equal 2 continuing education units and shall require that a licensee serve as an officer or actively participate in a committee of the organization.  Continuing education units shall not be earned until each year of service is completed and shall be limited to 2 continuing education units per organization; and

 

(d)  Continuing education units shall not be recognized for any repeat program attended or completed.

 

Source.  #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 403.04  Record Keeping.

 

(a)  Each licensee shall use the on-line system as designated by the OPLC and required by Plc 308.04(b) to track and report the completion of continuing education activities. Each licensee shall maintain records to be used to support continuing education units claimed.

 

(b)  Records required shall contain attendance verification records in the form of either:

 

(1)  Certificates of attendance; or

 

(2)  Completed continuing education transcripts from a professional society or institution.

 

(c)  The licensee shall retain attendance verification records for a period of at least 4 years.  Such documentation shall be made available to the OPLC for random audit and verification purposes, as required in Plc 308.04(d).  Documentation shall support continuing education units claimed. Failure to provide documentation for audit verification shall be professional misconduct.

 

Source.  #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 403.05  Exemption.  A licensee shall be exempt from the continuing education requirements for serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year.

 

Source.  #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 403.06  Requirements for Applicants Licensed in Another Jurisdiction.  Licensees who are residents of jurisdictions other than New Hampshire shall have equivalent or higher standards than New Hampshire, as required in Plc 313.16.   

 

Source.  #12847, eff 8-14-19; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36 (formerly Arch 403.08)

 

Arch 403.07  Continuing Education Requirements for Reinstatement.

 

(a)  A reinstatement application shall not be accepted for filing unless the licensee indicates on the reinstatement application, and under penalty of unsworn falsification, that they have completed the minimum units required of approved education required by (b) below.

 

(b)  Each reinstatement applicant shall attest that the applicant has completed at least 24 units of continuing education in the areas of health, safety, and welfare as a condition of reinstatement, completed within the 24 months prior to reinstatement submission.

 

(c)  All reinstatement applicants’ continuing education shall be subject to audit as required by Plc 308.04.

 

Source.  #13362, eff 4-6-22; ss by #14492, eff 3-24-26, EXPIRES: 3-24-36 (formerly Arch 403.09)

 

CHAPTER Arch 500  ETHICAL STANDARDS AND LICENSE SURRENDER

 

PART Arch 501  ETHICAL STANDARDS

 

Arch 501.01  Purpose and Scope.

 

(a)  In order to safeguard the life, health, property, and welfare of the public and to establish and maintain a high standard of integrity in the professional practice of architecture the following rules of professional conduct have been adopted in accordance with RSA 310-A:32, I(f).

 

(b)  These rules of professional conduct shall be binding upon every person holding a license as an architect in this state.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14493, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 501.02  Obligation To Obey.

 

(a)  Conduct prohibited by these ethical standards, when performed during a prior period of licensure, shall result in denying a license application.

 

(b)  All persons licensed under RSA 310-A:28 through RSA 310-A:52 shall be considered to have knowledge of the existence of these rules of professional conduct. Such knowledge shall encompass the understanding that the practice of the profession of architecture is a privilege, as opposed to a right, and the licensed architect shall be forthright and candid in the licensee’s statements or written response to the office of professional licensure and certification (OPLC), the board, or its representatives on matters pertaining to professional conduct.

 

(c)  Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the OPLC or the board.

 

(d)  Licensees shall inform the OPLC of a principal business or home address to which all official communications should be directed, and also of all addresses where they are practicing.

 

(e)  The establishment of a business or home address or the change or abandonment of a business or home address shall be reported by the licensee to the OPLC within 10 working days of the change.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14493, eff 3-24-26, EXPIRES: 3-24-36

 

Arch 501.03  Ethical Requirements For Architects.  The licensed architect shall:

 

(a)  Hold paramount the safety, health, and welfare of the public;

 

(b)  Perform their services only in areas in which they are competent;

 

(c)  Issue statements only in an objective and truthful manner;

 

(d)  Act for each employer or client as faithful agents or trustees;

 

(e)  Not engage in deceptive acts;

 

(f)  Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

 

(g)  Not affix their signature, seal, or stamp to any plan or document dealing with subject matter for which they lack competence by virtue of education or experience;

 

(h)  Not affix their signature, seal, or stamp to any plan or document not prepared under their direct supervisory control, however the licensee may affix their seal and signature to drawings and documents depicting the work of 2 or more professionals provided the licensee designates by a note under their seal the specific subject matter for which they are responsible;

 

(i)  Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training, and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision, and work product review;

 

(j)  When performing professional services, take into account all applicable state and municipal regulations;

 

(k)  Compete for employment on the basis of professional qualification and competence to perform the work;

 

(l)  Be objective and truthful in all professional reports, statements, or testimony, and include all relevant and pertinent information in such reports, statements, or testimony;

 

(m)  When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy of their testimony;

 

(n)  Issue no statements, criticisms, or arguments on architectural issues connected with public policy which are influenced or paid for by an interested party, or parties, unless the licensee has prefaced their comment by explicitly identifying themselves by disclosing the identities of the party or parties on whose behalf they are speaking, and by revealing the existence of any pecuniary interest they have in the instant matters;

 

(o)  Not attempt to injure, maliciously or falsely, directly, or indirectly, the professional reputation, prospects, practice, or employment of another architect;

 

(p)  If a licensee believes that another licensed architect has committed misconduct or illegal practice, present such information to the OPLC;

 

(q)  Avoid conflicts of interest;

 

(r)  Promptly inform their employer or client of any business associations, interests, or circumstances, which could influence their judgment, or the quality of their services;

 

(s)  Not accept anything of value from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

 

(t)  Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

 

(u)  Not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with their client or employer in connection with work for which they are responsible;

 

(v)  When in public service as a member, advisor, or employee of a governmental body, not participate in considerations or actions with respect to services provided by themselves or their organization in the private practice of the profession of architecture;

 

(w)  Not attempt to supplant another architect in employment after becoming aware that the other has been selected for employment;

 

(x)  When serving in a public capacity, not accept payment or gifts which appear to or might influence their judgment;

 

(y)  Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

 

(z)  Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statement or claim regarding the cost, quality, or extent of services to be rendered;

 

(aa)  Not falsify or permit misrepresentation of their own, or their associates’, academic or professional qualifications, or misrepresent their degree of responsibility in or for the subject matter of prior assignments;

 

(ab)  Not distribute brochures or other presentations incident to the solicitation of employment which misrepresents pertinent facts concerning employers, employees, associates, joint ventures, or their past accomplishments with the intent and purpose of enhancing their qualifications and their work;

 

(ac)  Perform their services in an ethical and lawful manner;

 

(ad)  Not knowingly associate with or permit the use of their name in a business venture by any person or firm which they know, or have reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

 

(ae)  If, in the course of work on a project, the licensed architect becomes aware of a decision taken by their employer or client which violates any law or regulation and which will, in their judgment, materially affect adversely the safety to the public of the finished project they shall:

 

(1)  Advise their employer or client against the decision;

 

(2)  Refuse to consent to the decision; and

 

(3)  Report the decision to the local building inspector or code enforcement official charged with the enforcement of the applicable law and regulations, unless the matter is satisfactorily resolved by other means;

 

(af)  Report to the OPLC any knowledge that another licensed architect might be in violation of any of these regulations, or provisions of RSA 310-A:28 through RSA 310-A:52; and

 

(ag)  Cooperate with investigations and requests for information from the OPLC.

 

Source.  #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

 

New.  #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #14493, eff 3-24-26, EXPIRES: 3-24-36

 


Appendix A

State and Federal Statutes/Regulations Implemented

 

 

Rule

Statute(s) Implemented

Arch 101

RSA 310-A:29

Arch 102

RSA 541-A:5

Arch 102.01 intro & (e)

RSA 310-A:32, I, (1)

Arch 103.04

RSA 310-A:29

Arch 103.05

RSA 310-A:32

Arch 104.01

RSA 310-A:29; RSA  91-A

Arch 104.02

RSA 310-A:32

Arch 105.01

RSA 310-A:29; RSA 541-A:16, I(a)

Arch 105.02

RSA 310-A:29

Arch 201.01

RSA 541-A:16, I(b) intro.

Arch 201.02

RSA 541-A:16, I(b) intro.

Arch 301.01 and Arch 301.02

RSA 310-A:38, I-III; RSA 310-A:39; RSA 310-A:42

Arch 301.01(a)

RSA 310-A:42

Arch 301.03

RSA 310-A:32, I(b)

Arch 301.04

RSA 310-A:32, I(b)

Arch 302.01 – Arch 302.02

RSA 310-A:32, I(b); RSA 310-A:38; RSA 310-A:39;

RSA 310-A:40

Arch 303.01

RSA 310-A:32, I(c); RSA 310-A:43

Arch 304.01

RSA 310-A:32, I(b); RSA 310:17

Arch 305.01 and Arch 305.02

RSA 310:5, I

Arch 306

RSA 310-A:44

Arch 306.01 – Arch 306.03

RSA 310-A:32, I(i); RSA 310-A:44

Arch 306.03(d)

RSA 310-A:32, I(l), (i); RSA 310-A:44

Arch 307.01

RSA 310-A:42-a

Arch 308.01

RSA 332-G:7; RSA 310:17

Arch 401.01 - 401.03

RSA 310:8; RSA 310-A:32, I(d)

Arch 401.02

RSA 310:5; RSA 310-A:32, I(d)

Arch 401.04

RSA 310:4, II(c)

Arch 401.05

RSA 310:4, II(c); RSA 310-A:32, I(d)

Arch 401.06

RSA 310:6, II; RSA 310:8; RSA 310-A:32, I (d)

Arch 401.07

RSA 310:8, IV

Arch 402.01 – Arch 402.02

RSA 310:4, II(d); RSA 310:12; RSA 310-A:32, I(d); RSA 310-A:47, II

Arch 403.01 – Arch 403.03

RSA 310-A:32, I(d)

Arch 403.04 – Arch 403.05

RSA 310-A:32, I(d)

Arch 403.06

RSA 310:17

Arch 403.07

RSA 310-A:32, I(d)

Arch 501

RSA 310-A:32, I(f)

 


 

APPENDIX B

INCORPORATION BY REFERENCE INFORMATION

 

Rule

Title

Obtain at

Arch 302.02

 

Arch 304.01(c)

 

Arch 308.01(c)

NCARB Education Guidelines effective January 2026

 

National Council of Architectural Registration Boards

1801 K Street NW Suite 700K

Washington, DC, 20006

Phone: 202/879-0520

Fax: 202/783-0290

Available Free On-line at:

 

https://www.ncarb.org/sites/default/files/Main%20 Website/Data%20&%20Resources/Guidelines/EducationGuidelines.pdf

 

Arch 302.01(b) (1), (2), and (3)

Arch 302.02

Arch 304.01(a), (c)

Arch 308.01(c)

NCARB Certification Guidelines effective January 2026

National Council of Architectural Registration Boards
1801 K Street NW Suite 700K
Washington, DC, 20006

Phone: 202/879-0520

Fax: 202/783-0290
Available Free On-line at:

 

https://www.ncarb.org/sites/default/files/Certification_Guidelines.pdf