NEW JERSEY REGISTER
VOLUME 40, ISSUE 9
ISSUE DATE: MAY 5, 2008
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey State Board of Architects
Proposed Amendment: N.J.A.C. 13:27-4.3
Proposed Repeal: N.J.A.C. 13:27-4.4
Architectural Registration Examination
Authorized By:New Jersey State Board of Architects, Dr. James Hsu, Executive Director.
N.J.S.A. 45:3-3, 45:3-5 and 45:3-5.1.
See Summary below for explanation of exemption to calendar requirement.
Submit comments by July 4, 2008 to:
Dr. James Hsu, Executive Director
New Jersey State Board of Architects
124 Halsey Street
Newark, NJ 07101
The agency proposal follows:
In order to become a registered architect in the State of New Jersey, the New Jersey State Board of Architects (Board) requires certain candidates to pass the Architect Registration Examination (ARE). Beginning in July 2008, the National Council of Architectural Registration Boards (NCARB) will launch a new version of the examination, ARE 4.0. However, during the change from the current version, ARE 3.1, NCARB will allow certain candidates to transition into ARE 4.0. The Board believes that notice is necessary for those candidates who may be affected by the change or the transition. As such, the Board has set forth the application of the change to ARE and the transition requirements by way of amendment to N.J.A.C. 13:27-4.3(a) and (b). Proposed new subsection (a) sets forth the requirements both for candidates who have not begun the process of completing the ARE by May 2008, and those who have passed at least one division of ARE 3.1 by that time. In proposed paragraph (a)3, the Board intends to make clear that NCARB has jurisdiction over the transition requirements from ARE 3.1 to ARE 4.0. Thus, that section states that the proper requirements for transition can be found in the NCARB transition chart, which is incorporated into the rules by reference and can be viewed on the NCARB website. Proposed new subsection (b) notifies candidates that paragraphs (a)1 and 2 will no longer be effective after June 30, 2009.
Based on the statutory authority granted by N.J.S.A. 45:3-5.1, the Board, at N.J.A.C. 13:27-4.4, currently grants a New Jersey licensed professional engineer who holds an accredited degree and is in good standing with no complaint or charge of illegal practice of architecture eligibility for licensure if the professional engineer has successfully passed certain divisions of the ARE. With the change to the ARE slated to begin as early as July 2008, the Board undertook a review of the divisions of ARE 4.0 with respect its application to engineers. As a result, the Board determined that a New Jersey licensed professional engineer now will be eligible for licensure as an architect only if he or she takes and passes all divisions of ARE 4.0. Thus, the ARE requirements for engineers will no longer be limited, but will be the same as those for non-engineer candidates. As such, N.J.A.C. 13:27-4.4 has been repealed and the ARE requirements for engineers have been relocated to N.J.A.C. 13:27-4.3, along with the requirements for all non-engineer candidates. New N.J.A.C. 13:27-4.3(c) makes clear that engineers must take all divisions of the ARE.
The Board has determined that the comment period for this proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.
As reflected on the NCARB website at www.ncarb.org/are/40/transitionchartweb.pdf, the goal of ARE 4.0 is "to better integrate the examination while improving the assessment of a candidate's knowledge, skill and ability to practice architecture independently." In addition, ARE 4.0 "updates and improves the current format by combining graphic and multiple choice content in six of the seven divisions." The proposed amendments necessitated by the changes to the ARE will affect all current and future architect and engineer ARE candidates, who are planning to become licensed as an architect in the State of New Jersey. Those candidates who have begun taking the ARE by May 2008, will be allowed to continue testing in ARE 3.1 but, in the future, depending on whether they have completed ARE 3.1 by June 30, 2009, may be required to transition to ARE 4.0. Engineer candidates who will not be eligible to sit for the examination before July 2008, now will be required to take all divisions of ARE; in the past the examination requirements for engineers were limited.
The Board expects that engineer candidates will not be pleased with the new requirement to sit for all divisions of the ARE; however, based on its review of the changes to the ARE the Board believes that result is necessary.
NCARB establishes the testing fees for the ARE. The testing fees established by NCARB for ARE 4.0 are greater than those for ARE 3.1. Thus, those candidates who will be testing under ARE 4.0 may be required to pay the increased fee. The public should not be impacted by those increased fees.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments and repeal are subject to State statutory requirements and are not subject to any Federal requirements.
The proposed rule amendments and repeal will not increase or decrease jobs in the State.
Agriculture Industry Impact
The proposed rule amendments and repeal will have no impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
If for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., future architect and engineer candidates for the ARE and those architects and engineers currently in the process of completely the ARE requirements, which numbers approximately 1,037, are considered "small businesses" then the following analysis applies.
The applicant must fulfill all requirements for and pass all applicable divisions of the appropriate version of the ARE as discussed in the Summary above. The costs of compliance are discussed in the Economic Impact above. The proposed amendments will be uniformly applied to all candidates for the ARE for the benefit of the public health, safety and welfare; and, therefore, no differing compliance requirements for any candidate are provided. The Board does not anticipate that any professional services will be required in order for candidates to comply.
Smart Growth Impact
The proposed rule amendments and repeal will not have an impact on the achievement of smart growth or on the implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
Full text of the proposed amendments and repeal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
13:27-4.3 Architect Registration Examination administered by the National Council of Architectural Registration Boards: subjects covered
[(a) The subjects covered in the examination divisions shall be based on the examinations recommended by the National Council of Architectural Registration Boards and reviewed and approved by the Board.]
(a) A candidate shall be eligible for licensure as a registered architect as follows:
1. Upon successful completion of all divisions of the Architect Registration Examination (ARE) 4.0: Programming Planning and Practice; Structural Systems; Building Systems; Building Design and Construction Systems; Construction Documents and Services; Site Planning and Design; and Schematic Design, if the candidate has not taken and passed any division of ARE 3.1 before May 2008;
2. Upon successful completion of all divisions of ARE 3.1 by June 30, 2009, if the candidate has passed at least one division of ARE 3.1 before May 2008; or
3. Upon successful completion of all divisions of ARE 4.0 that correspond to the ARE 3.1 divisions, as provided in National Council of Architectural Registration Boards (NCARB) transition chart, that the candidate has not passed by June 30, 2009. The NCARB transition chart is incorporated herein by reference and can be found on the NCARB website at www.ncarb.org/are/40/transitionchartweb.pdf.
(b) After June 30, 2009, (a)1 and 2 above no longer will be applicable, and all candidates, with the exception of those under (a)3 above, will be required to pass all divisions of ARE 4.0.
(c) A professional engineer licensed in the State of New Jersey in good standing, holding an accredited degree in engineering, and without restriction of complaint or charge of illegal practice of architecture, shall be eligible for licensure as a registered architect upon successful completion of the ARE as set forth in (a) and (b) above.
[(b)] (d) Each division of the examination successfully passed shall be credited to the record of the candidate and may be carried over for five years after September 6, 2005, or the date that the division was passed successfully, whichever is later.
13:27-4.4 [Eligibility of licensed professional engineer for licensure as an architect by limited examination] (Reserved)
[A professional engineer licensed in the State of New Jersey in good standing, holding an accredited degree in engineering, and without restriction of complaint or charge of illegal practice of architecture, shall be eligible for licensure upon successful completion of the following Divisions of the Architect Registration Examination (ARE): Pre-Design; Site Planning--Written and Graphic; Building Planning; and Building Technology.]