30 Miss. Code. R. 201-3.2

Current through December 10, 2024

Rule 30-201-3.2 - Practice Procedures

3.2.1 An architect can practice as a sole proprietor, or through a partnership, a professional corporation or a professional association pursuant to Miss. Code Ann. 79-10-1, et seq., as amended, or through a professional limited liability company pursuant to Miss. Code Ann. 79-29-901, et seq., as amended, subject to the following conditions:

A. as to a partnership, at least one active partner must hold a certificate to practice architecture in Mississippi and each active partner shall hold a certificate to practice architecture or engineering in that partner's state of residence.

B. as to a professional corporation ("PC") or a professional association ("PA"), each must meet the following conditions:

1. at least one active stockholder must hold a certificate to practice architecture in Mississippi; and

2. each stockholder, director and officer shall hold a certificate to practice architecture or engineering in that person's state of residence; and

3. no person shall be entitled to be a stockholder, officer or director of a PC or a PA offering architectural services in this state other than licensed architects and engineers.

C. as to a professional limited liability corporation ("PLLC"), each must meet the following conditions:

1. at least one owner of a membership interest in the PLLC shall hold a certificate to practice architecture in Mississippi; and

2. each owner of a membership interest and any managers of the PLLC shall hold a certificate to practice architecture or engineering in that person's state of residence; and

3. no person shall be entitled to hold a membership interest in or be a manager of "PLLC" offering architectural services in this state other than licensed architects and engineers.

It is a specific purpose of this rule to restrict or condition the issuance of shares of a professional corporation and the issuance of membership interests in a professional limited liability company which is to advertise or otherwise hold itself out to be an architect or to be authorized to practice architecture to only licensed architects or engineers.

3.2.2 All stationery, printed matter, title blocks, and listings of an architectural firm or business, including a sole proprietorship, shall contain the name of at least one (1) person who is registered as an architect in this state, and any firm or business name listed on such documents shall be the firm or business name(s) provided in conjunction with the architect's registration with the Board. No person shall be named on any card, stationery, title block, printed matter or listing of such a firm (partnership, professional corporation, professional association, or professional limited liability company) used in this state unless there is designated thereon whether or not such person is licensed in this state. Employees of a firm that are not registered as an architect or engineer in any jurisdiction are allowed to use business cards for that firm, provided that the job title of the individual is clearly stated and said title does not lead the public to believe the employee is a licensed architect in this state.

3.2.3 Registered architects are allowed to practice under or through a firm or business entity in compliance with Miss. Code Ann. § 73-1-19 and all applicable rules. Allowable firm or business names are names which:

A. contain the name of at least one individual who holds an active Mississippi license; or

B. contain no person's name, provided however, that the name of at least one individual licensed in Mississippi is disclosed on any announcement, stationery, printed matter, contract, title block or listing; or

C. contain the name or names of individuals who were once licensed architects (in any jurisdiction) but are now retired or deceased, provided however, that the name of at least one person licensed in Mississippi is disclosed on any announcement, stationery, printed matter, contract, title block or listing.

Firm and business names are considered improper if they contain the name or names of individuals actively licensed in another jurisdiction if none of the individuals named in the firm name are actively licensed in Mississippi.

EXAMPLES (Provided as guidelines only. This is not an exhaustive or complete listing of scenarios.):

ALLOWED

NOT ALLOWED

Smith and Jones Architecture (provided Smith and/or Jones are licensed architects and one or both is licensed as an architect in Mississippi) Williams and James Architecture John Doe, Architect (only if both Williams and James are retired or deceased) Architecture Unlimited John Doe, Architect Doe and Smith, Architects and Engineers John Doe, Architect (when Doe is licensed as an architect in Mississippi and there are multiple architects in the firm) ABC Architects and Engineers John Doe, Architect (when Doe is licensed as an architect in Mississippi and there are multiple architects in the firm)

Smith and Jones Architecture (when Smith and/or Jones are actively licensed in another jurisdiction, but neither is licensed in Mississippi) Williams and James Architecture (where Williams and/or James are actively licensed in another jurisdiction, but neither is licensed in Mississippi) Architecture Unlimited (when the name of the architect licensed in Mississippi is not also provided) Doe and Smith, Architects and Engineers (the Mississippi architect must be identified) ABC Architects and Engineers (when the name of the architect license in Mississippi is not also provided)

3.2.4 For the purpose of properly identifying drawings, specifications, and contract documents, each architect shall obtain a stamp of a design approved by the Board to be used as the stamp required by Miss. Code Ann. § 73-1-35. The manual, electronic, or digital signature of the architect and date of execution shall appear over the stamp on all documents prepared by the architect or under the architect's responsible control for use in the State of Mississippi.

3.2.5

A. "Prototypical Documents" consist of drawings or specifications not intended as final and complete construction documents for a building project, but rather as a sample or model to provide general guidance for a building or buildings to be constructed in more than one location, with substantially few design changes or additions, except those required to adapt to each particular site. Prototypical Documents may or may not be premised upon laws, rules and regulations, or adopted building code of a particular state, county, or municipality, but shall be adaptable to the regulations or codes of each applicable construction location. Prototypical Documents are generally not designated for a specific climate, weather, topography, soil, or other site-specific conditions or requirements, but are intended to be adapted to those and other site-specific conditions. Prototypical Documents may or may not originate from a registered design professional (architect or engineer).

B. Nothing in these rules precludes the use of Prototypical Documents for a Mississippi project, provided the architect:

1. obtains written permission from the design professional who prepared or sealed the Prototypical Documents, or from the legal owner of the Prototypical Documents, to use, revise, amend and otherwise adapt the Prototypical Documents; and

2. thoroughly reviews the Prototypical Documents, makes necessary revisions, and adds all required elements and design information (including the design services of engineering consultants if warranted), so that the Prototypical Documents become suitable construction documents, in full compliance with applicable codes, regulations, and site-specific requirements; and

3. independently performs, and maintains on file, necessary calculations to verify the public health and safety suitability of all elements or features portrayed by the original Prototypical Documents; and

4. after reviewing, analyzing, calculating and making revisions and additions, re-draws and issues the documents with the architect's title block and Mississippi seal (or the seals of engineering consultants as applicable), maintaining responsible control, as defined in Rule 4.5.2, over the use of the final adapted documents as if they were the architect's original design, assuming full responsibility as the architect of record.

C. An architect may produce prototypical plans for use by others. However, such documents must be clearly marked as "Prototypical Design Documents - Not for Construction."

3.2.6 A licensed architect can combine with a duly licensed general contractor or a professional engineer in order to participate in a "Design/Build" undertaking whereby the architect prepares plans and specifications through individual or collective agreements with the owner or contractor in order to meet the owner's requirements for unified control in the design and construction services rendered under the following conditions:

A. that nothing herein shall be construed so as to allow the offering or other performance of any architectural services by anyone who is not duly licensed as an architect in this state; and

B. that full disclosure is made in writing to the owner as to the duties and responsibilities of each of the participating parties in such agreements; and

C. the architect shall not furnish any services in such a manner as to enable a contractor, owner or others to perform architectural services or to evade the public health and safety requirements; and

D. the architect shall not be an employee of a licensed contractor or a person not licensed to practice architecture or engineering in Mississippi and must have a separate contract for architectural services either with the contractor or the owner; and the architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the architect as defined in Rule 4.5.2; and

E. nothing in this rule shall prevent the administration of construction contracts by a licensed contractor or architect.

Commentary - An architect must always maintain responsible control over the design of a project to ensure all applicable federal, state and local building laws and codes are incorporated into the design and construction of a project. In order to comply with the responsible control requirements, the architect must be able to act independently and not be subject to the control of others. Where the architect is the employee of a contractor, the potential exists for the contractor to exert financial pressure on the architect to forgo compliance with certain building code requirements in order to provide a financial benefit to the contractor to the exclusion of the health, safety and welfare of the individuals occupying the built environment.

3.2.7 In a design/build undertaking where the general contracting firm is owned by the architect of record, the general contracting firm and the architectural firm must be two distinct and separate entities and there must be separate contracts for both the construction and architectural services. If the architect of record is also an owner in the contracting firm for the project, the architect should advise the owner of the potential conflict of interest so that the owner can have the opportunity to employ a third party to provide construction administration.

3.2.8 A non-resident architectural firm, with no members registered in this state, may form a joint venture or association with a resident architectural firm if:

A. the non-resident firm complies with Miss. Code Ann. § 73-1-19; and

B. the firm agrees to consent to the jurisdiction of the Board; and

C. the construction documents and specifications are prepared under the responsible control of the architect licensed in Mississippi; and

D. one member of the non-resident architectural firm holds a valid NCARB Certificate; and

E. one member of the non-resident architectural firm shall apply for licensure in Mississippi within ten (10) days of the date of formation of the joint venture or association.

3.2.8.1 A non-resident architect, not registered in this state but registered in another state, may serve as a consultant to an architect registered in this state if:

A. the non-resident architect holds a valid NCARB Certificate; and

B. all construction documents and specifications are prepared under the responsible control of the architect licensed in Mississippi and are signed and sealed by the architect licensed in Mississippi; and

C. the non-resident architect shall not use the title "architect," or any prefix, suffix or other form thereof, or any title, sign, card or device to indicate that such person is practicing architecture, or is an architect, in this state, unless it is stated thereon that such architect is participating as a consultant; and

D. the non-resident architect consents to the jurisdiction of the courts of this state.

3.2.9All architects holding ownership or supervisory positions in an architectural firm or other entity through which architectural services are offered or rendered shall be responsible for the conduct of all non-registered employees (and non-registered associates and contracted persons) under the control of the firm regarding acts, representations and services of the non-registrants, related to the practice of architecture and while acting for, or on behalf of, the firm, if said conduct constitutes a violation of Miss. Code Ann. § 73-1-1 or the Professional Code of Conduct. Such architects shall maintain responsible control of all representations made by, or in reference to, unlicensed individuals employed by the firm in order to ensure that the unlicensed individuals are not presented in a manner that may lead the public to assume they are licensed.

Commentary - It is common practice for architects to provide professional services in the setting of a firm consisting of other architects, other design professionals, and non-registered individuals such as draftspersons, marketers, clerical staff, construction administrators, intern architects, licensure candidates and others. The Board recognizes that many such non-registered individuals perform many acts and services for the firm that constitute or support the practice of architecture, such as marketing, design, detailing, specification writing, client contact, and contract administration. In the interest of protecting the health, safety and welfare of the public, it is incumbent upon the registered professionals to maintain responsible control of the firm and its staff persons regarding their acts, duties and work product relating to the practice of architecture. The Board has long held that "responsible control" (previously "direct supervision") of the preparation of drawings and specifications was required in order for the architect to place the architect's seal thereon. This rule clarifies that "responsible control" of other activities of the practice is required as well, such as firm marketing and representation of qualifications, pre-design activities, etc. The architect is not expected to be responsible for conduct or acts committed by non-registrants under the architect's employ or control when said conduct is related to activities or services performed outside of the firm (e.g. "moonlighting" by a draftsperson).

3.2.10 Architects shall seek employment as follows:

A. with respect to public projects, various public procurement statutes and regulations, including Miss. Code Ann. § 31-7-13.2, require the use of a qualifications-based selection procedure for certain projects. In cases where qualifications-based selection is required, public entities must publicly announce requirements for architectural services and procure these services on the basis of demonstrated competence and qualifications, negotiating contracts at fair and reasonable prices after the most qualified firm has been selected.

B. with respect to private projects, architects are encouraged to seek professional employment on the basis of qualifications and competence for proper accomplishment of the work. This procedure restricts the architect from submitting a price for services until the prospective client has selected, on the basis of qualifications and competence, one architect or firm for negotiations. However, competitive price proposals may be submitted or solicited for professional services if and when all of the following guidelines are met:

1. the prospective client has first sought statements of qualifications from interested licensees; and

2. those licensees chosen by the client on the basis of qualifications and competence for proper accomplishment of the work have received in writing a comprehensive and specific Scope of Work; and

3. assurances have been given by the prospective client that factors in addition to price will be considered in selecting the architect.

Commentary - The Board encourages the use of qualifications-based selection for all projects, as the Board believes it is the method of procurement of professional design services that is in the best interest of protection of the public's life, health and property.

3.2.11 No person may use the title "architect" or any form thereof without having have secured a license from the Board, except as provided in rule 2.6 as pertains to an intern architect. In architectural practice, the person or persons licensed as architect(s) in Mississippi shall maintain responsible control of all work performed in Mississippi. This shall include, but is not limited to, signing contracts, sealing documents, and all services as described in Miss. Code Ann. § 73-1-3.

3.2.12 No professional corporation, professional association, professional limited liability company, nor any partnership shall be entitled to a license to practice architecture in this state. Licensure is issued to individuals only. In conjunction with Mississippi licensure and renewal of licensure, applicants and architects must provide information as to any and all business entities through which the architect may be practicing architecture in Mississippi.

3.2.13 No architect shall practice through a firm if the name of the firm is misleading as to the number of registrants or the licensure status of those individuals named in the firm. For example, a firm with one person licensed as an architect cannot use a name which includes the word "Architects". For purposes of determining plurality and the use of the word architects in a firm name, one should consider the number of individuals licensed as architects in Mississippi or in jurisdictions recognized by the Board.

EXAMPLES (Provided as guidelines only. This is not an exhaustive or complete listing of scenarios.):

Not Allowed: John Doe Architects This is an improper firm name in a case where John Doe is the only individual in the firm licensed as an architect.

Allowed: Smith, Jones and Doe, Architect and Engineers John Doe, Architect This is a proper name in a case where Doe is the only individual in the firm licensed as an architect. ABC Architects John Doe, Architect This is a proper use of a trade name if there are at least two (2) individuals in the firm who are licensed as architects, and if the name of at least one architect licensed in Mississippi is disclosed in conformance with 3.2.3.

3.2.14 In Mississippi, a "Registered Design Professional" is defined as an architect, an engineer, or a landscape architect who is registered or licensed to practice in the State of Mississippi, provided that the individual is practicing in compliance with the registration laws.

3.2.15 As to interior architecture, the practice of architecture is defined at Miss. Code Ann. § 73-1-3(c). This statute provides that a person is engaging in the practice of architecture if that person is held out as able to perform any professional service such as planning, design, including aesthetic and structural designs, and consultation in connection therewith, or responsible inspection of construction, in connection with any non-exempt buildings, structures, or projects, or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, functional planning, and the physical sciences.

As planning and design, including aesthetic and structural designs, encompass the entire structure, both interior and exterior, the Board holds that engaging in only partial aspects of the definition of architecture remains the practice of architecture and may be performed only by one who is licensed as an architect in conformance with Miss. Code Ann. §§ 73-1-1 et seq. Thus, the practice of interior architecture in buildings is the practice of architecture. Accordingly, individuals who engage in the practice of planning and designing any life safety elements of the interior of any non-exempt buildings, including any aesthetic element, shall be considered practicing architecture.

3.2.16 In regard to construction administration, if, under Mississippi law, an architect must prepare, or supervise and control the preparation of the contract documents for a new building or the alteration of or an addition to an existing building, construction administration services of an architect on the architectural aspects of the project are deemed necessary to protect the life, health and property of the public. In such event, construction administration for the project shall be conducted by an architect or by a person working under the responsible control of an architect. Construction administration as defined herein constitutes the practice of architecture as defined by the Board.

A. For purposes of this rule, "construction administration" means the administration of the portion of the construction contract described and documented in the contract documents, including, but not necessarily limited to, the following services:

1. visiting the construction site at intervals appropriate to the contractor's operations to determine that the work is proceeding generally in accordance with the technical submissions submitted to the owner and/or the building official at the time the building permit was issued; and

2. processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents; and

3. notifying an owner and any building official of any code violations; changes that affect code compliance; the use of any materials, assemblies, components, or equipment prohibited by a code; major or substantial changes between such technical submissions and the work in progress; or any deviation from the technical submissions that the architect identifies as constituting a hazard to the public, which the architect observes in the course of performing the architect's duties.

B. On a project where the architect of record has not been engaged, or is no longer engaged, to perform construction administration services, as defined above, the architect of record shall report in writing to each of the following parties that the architect has not been engaged or is no longer engaged to perform construction administration services, or is not providing construction administration services as defined above:

1. the building official;

2. the Board;

3. the owner;

4. the client; and

5. the contractor.

Commentary - In order to assure a project that is required by law to be designed by an architect is constructed in accordance with the plans and specifications, the architect of record should provide construction administration services as part of the protection of the life, health and property of the individuals using the built environment. Where the architect of record was not originally contracted or is no longer engaged to perform construction administration as defined above, or is providing only limited construction administration services, the architect is required to give the notice outlined above to assure that all parties to the construction project are aware that construction administration is not being performed by the architect of record or is limited in scope. This specifically provides a building official with notice so that the building official may compel the owner to provide someone to perform those services if the building official so chooses.

3.2.17 In circumstances where a Mississippi registered architect or registered design professional can no longer provide services on a project due to death, retirement, incapacity, or disability, or mutual agreement to terminate a contract for architectural services, a successor architect, who is a registered Mississippi architect, may undertake to complete the architectural services including any necessary and appropriate changes provided:

A. a legal transfer of the contractual work has occurred; and

B. all references to the original architect (title block, seals, signatures, etc.) must be removed from all documents; and

C. the successor architect accepts responsible control for the project; and

D. the successor architect complies with all applicable statutes, rules and regulations of the State of Mississippi, including but not limited to the provisions of Miss. Code Ann. § 73-1-19; and

E. the successor architect notifies the Board, in writing, of any projects he is undertaking under the provisions of this rule.

F.

3.2.18 In the case where an architect is awarded the design contract for a public or private project which will be competitively bid, neither the architect, nor any entity owned in whole or part by the architect, may bid for the construction of the project.

Commentary: The Board is of the opinion that such a situation creates a conflict of interest for the architect in that the architect is the designer and the contractor for the project, thus removing the checks and balances which assure that the project is constructed in accordance with the plans and specifications.

3.2.19 An architect, if properly qualified by training, education and experience, may perform construction management services without obtaining any additional license or certification, provided that the architect does not perform any construction work on the project being managed.

3.2.20 The following determines whether a project meets one of the exemptions provided in Miss. Code Ann. § 73-1-39:

A. pursuant to the exemptions established by Miss. Code Ann. § 73-1-39 (h) for buildings other than farm buildings and one-family and two-family residences and domestic outbuildings, one must consider the overall building size in determining the application of the exemption, and not merely the size of the space within the building being erected, enlarged or altered. A project is not exempt if:

1. the overall building is 5,000 square feet or greater; and/or

2. the space to be erected, enlarged or altered is within a building that is 5,000 square feet or greater; and/or

3. a building that is less than 5,000 square feet prior to an alteration or enlargement will measure 5,000 square feet or more after the proposed addition or enlargement; and/or

4. the building is more than two (2) stories in height, regardless of size; and/or

5. a two (2) story building will exceed two (2) stories after the proposed alteration or enlargement.

B. pursuant to the exemptions established by Miss. Code Ann. § 73-1-39 (b) which applies only to publicly-owned projects, one must consider the overall building size in determining the application of the exemption, and not merely the size of the space within the building being erected. A project is not exempt if:

1. the overall building is 10,000 square feet or greater; and/or

2. the space to be erected, enlarged or altered is within a building that is 10,000 square feet or greater; and/or

3. a building that is less than 10,000 square feet prior to an alteration or enlargement will measure 10,000 square feet or more after the proposed addition or enlargement; and/or

4. the building is more than two (2) stories in height, regardless of size; and/or

5. a two (2) story building will exceed two (2) stories after the proposed alteration or enlargement.

C. A building, as defined by the Board, includes the total gross floor area, both heated and/or unheated, within the surrounding exterior walls. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

D. Pursuant to Miss. Code Ann. § 73-13-45, public works involving the practice of architecture or engineering in which the expenditure exceeds one hundred thousand dollars ($100,000), and construction of public buildings using political subdivision work forces which involve the practice of architecture or engineering and in which the expenditure exceeds one hundred fifty thousand dollars ($150,000), require the services of a registered architect or professional engineer.

30 Miss. Code. R. 201-3.2

Miss. Code Ann. §§ 73-1-1, 3, 13, 19, 29, & 35; 73-2-3; 73-13-45.

Amended 6/1/2016

Amended 6/10/2017

Amended 3/11/2019

Amended 11/9/2024