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24.114.301    DEFINITIONS

(1) "CLARB" means the Council of Landscape Architects Registration Boards, an international professional organization that provides testing and certification of landscape architects. CLARB may be contacted at www.clarb.org.

(2) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe designated as a major disaster or emergency by the President of the United States or Governor or other duly authorized official of the state.

(3) "Incidental architectural services" per 37-65-103, MCA, means:

(a) those architectural services that are incidental to a professional engineer's engineering practice, which:

(i) can be safely and competently performed by the professional engineer without jeopardizing the health, safety, and welfare of the public;

(ii) are in an area where the professional engineer has demonstrated competence by adequate education, training, and experience;

(iii) arise from, and are directly related to professional engineering work performed by the professional engineer;

(iv) are substantially less in scope and magnitude when compared to the professional engineering work performed or to be performed by the professional engineer; and

(v) comply with all of the laws of Montana relating to the practice of architecture.

(b) A professional engineer performing incidental practice as stated in this rule shall:

(i) perform only that part of the work for which the professional engineer is professionally qualified;

(ii) use architects or other appropriately licensed professionals for those portions of the work in which the professional engineer is not qualified;

(iii) assume responsibility for compliance with all laws, codes, rules, and ordinances of the state or its political subdivisions pertaining to the documents; and

(iv) not hold himself/herself out to be an architect or as performing architectural services.

(4) "NCARB" means the National Council of Architectural Registration Boards. NCARB may be contacted at www.ncarb.org.

(5) "Responsible control" means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects and landscape architects applying the required professional "standard of care."

(6) "Technical submissions" means the drawing, specifications, studies, and other technical reports prepared in the course of practicing architecture.

History: 37-1-131, 37-1-319, 37-65-204, MCA; IMP, 37-1-131, 37-1-319, 37-65-103, 37-65-303, 37-66-304, MCA; NEW, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2014 MAR p. 2013, Eff. 9/5/14.

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