Rules & Regulations of the State of Tennessee Title 0120 - Architectural Engineering Examiners
Title 0120 of the Rules & Regulations of the State of Tennessee governs the Tennessee Board of Architectural and Engineering Examiners. This Board is responsible for protecting the public's health, safety, and welfare by regulating the professions of architecture, engineering, landscape architecture, and interior design in Tennessee. It achieves this through evaluation, education, examination, licensure, and disciplinary action.
The regulations in Title 0120 work in conjunction with the Tennessee Code Annotated (TCA), primarily Title 62, Chapter 2, which provides the statutory framework for these professions.
Here's a breakdown of the key chapters within Title 0120:
Chapter 0120-01: Registration Requirements and Procedures
Licensure/Registration Eligibility: This is a crucial section outlining the qualifications needed for individuals to become licensed or registered in each profession (Architect, Engineer, Landscape Architect, Interior Designer). This typically includes:
Education: Requirements for accredited degrees (e.g., NAAB-accredited for architects, ABET-accredited for engineers).
Experience: Specific periods of practical experience, often tied to national programs like the Architectural Experience Program (AXP) for architects.
Examinations: Passing scores on national examinations (e.g., Architect Registration Examination (ARE) for architects, Principles and Practice of Engineering (PE) exam for engineers).
Comity/Reciprocity: Procedures for individuals licensed in other jurisdictions to obtain a Tennessee license, often requiring an NCARB Certificate for architects or an NCEES Record for engineers.
Application Process: Detailed steps for submitting applications, including required forms, documentation, and fees.
Clarifications to Offering to Practice: Defines what is and is not considered "offering to practice" these professions in Tennessee, especially for out-of-state registrants or those using professional titles. This clarifies permissible activities like advertising without holding oneself out as licensed in Tennessee.
Renewal of Registration: Procedures for biennial (every two years) renewal of licenses, including fees and continuing education requirements. Also covers retirement and inactive status for licensees.
Chapter 0120-02: Rules of Professional Conduct This chapter is vital for maintaining ethical and professional standards within the regulated professions. It covers:
Competence: Obligation to undertake only services for which the licensee is qualified.
Public Safety and Welfare: The paramount duty to prioritize public health, safety, and welfare in all professional activities.
Truthfulness and Integrity: Requirements for honest and ethical conduct, avoiding misleading statements or misrepresentation.
Conflict of Interest: Rules regarding disclosing and avoiding conflicts of interest.
Confidentiality: Protecting client information.
Responsible Charge: Strict rules about placing one's seal and signature on documents only when the work was performed under their direct and responsible charge. This is a critical aspect, preventing "plan stamping."
Seals: Specific design requirements for the professional seals of architects, engineers, and landscape architects, and rules for their proper application on drawings, specifications, and other documents, including electronic seals. Prohibits changes to sealed documents by anyone other than the responsible registrant.
Reporting Violations: The duty to report knowledge of violations of the rules or statutes by other licensees to the Board.
Chapter 0120-03: Rules of Procedure for Hearing Contested Cases
This chapter outlines the formal procedures the Board follows when conducting administrative hearings related to disciplinary actions against licensees, denials of applications, or other contested matters. It ensures due process for all parties involved.
Chapter 0120-04: Interior Designers
While interior design is regulated by the same Board, this chapter provides specific rules pertaining to the "registered interior designer" title and practice, which may differ in scope and requirements from architecture or engineering.
Chapter 0120-05: Continuing Education
Details the specific continuing professional development hours (PDH) required for renewal for each profession. This includes:
Number of hours required (e.g., 24 PDH biennially for architects, with a portion in Health, Safety, and Welfare (HSW) subjects).
Limitations on carryover hours (as of January 1, 2023, carryover PDHs were generally eliminated for architects, engineers, and landscape architects).
Types of activities that qualify for CE credit.
Record-keeping requirements for licensees.
Chapter 0120-06: Corporations, Partnerships and Firms
Regulations for how architectural, engineering, and landscape architectural firms (corporations, partnerships, limited liability companies, etc.) must be structured and operate to offer professional services in Tennessee. This typically includes:
Requirement for firm registration or disclosure.
Requirement for licensed individuals to be in responsible charge and have ownership or control within the firm.
Specific rules for professional corporations.
Purpose of the Board:
The overarching purpose of the Tennessee Board of Architectural and Engineering Examiners and these regulations is to:
Protect the Public: Safeguard life, health, and property by ensuring that only qualified and ethical individuals and firms practice these professions.
Establish Standards: Set minimum standards for education, experience, examination, and professional conduct.
Regulate Practice: Define the scope of practice for each profession and enforce compliance with laws and rules.
Administer Licensure: Process applications, issue licenses, and manage renewals.
Discipline: Investigate complaints and take appropriate disciplinary action against those who violate the law or rules.
Where to Find the Official Rules & Regulations (Title 0120):
Tennessee Secretary of State – Publications: The official source for the Rules & Regulations of the State of Tennessee. You can find the most current version by searching for "Title 0120" or "Architectural Engineering Examiners."
Tennessee Board of Architectural and Engineering Examiners Website: The Board's official website (tn.gov/commerce/regboards/architects-engineers.html) is an excellent resource. They typically provide direct links to their rules, relevant statutes, application forms, and important announcements.
Legal Information Institutes (e.g., Justia, LII): These sites often host state regulations and can be useful for searching, but always verify the currency of the information against the official state sources.
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