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N.J.A.C. 13:27-3.1
N.J.A.C. 13:27-9.2 and
N.J.A.C. 13:27-9.4

Notice of Receipt of Petition for Rulemaking

Make Course of Study Accredited by the National Architectural Accrediting Board (NAAB) "Substantially Equivalent" to Council for Interior Design Certification (CIDA) Accredited Program for Certification of Interior Designer; and Definitions of "Non-Load Bearing" and "Building Systems"

Petitioner: AIA - New Jersey

Take notice that on September 7, 2007, the New Jersey State Board of Architects (Board) received a petition for rulemaking from Lawrence P. Powers, Esq., counsel for petitioner, the AIA - New Jersey (AIA-NJ), a professional organization that is a region and chapter of the American Institute of Architects national organization. The petitioner requests that the Board promulgate a new regulation at N.J.A.C. 13:27-9.4(a)5v. That regulation would make completion of a course of study accredited by the National Architectural Accrediting Board (NAAB) by a licensed architect "substantially equivalent" to the required interior design program accredited by the Council for Interior Design Certification (CIDA) for purposes of fulfilling the education requirement for certification as an interior designer pursuant to N.J.A.C. 13:27-9. In addition, the petition seeks to amend N.J.A.C. 13:27-3.1 and 9.2 to include definitions of "non-load bearing" and "building systems" that are consistent with the meaning of those terms under the New Jersey Uniform Construction Code, the latest editions of the model codes of the International Code Counsel and definitions established by sister boards.

The purpose behind the petitioner's request for recognition by the Board of the NAAB accredited course of study as a "substantial equivalent" is to allow otherwise qualified architects to become certified in interior design without being subject to redundant and repetitive educational requirements. With respect to the definitions, the petitioner states that the failure to define "non-load bearing" and "building systems" may lead to confusion regarding the extent of the services encompassed by "interior design services." Thus, the petitioner proposed definitions of "non-load bearing" and "building systems" to prevent confusion and to establish a clear line between interior design services and those services provided by licensed architects or engineers.

The full text of the petitioner's suggested amendments follow:

Text of new N.J.A.C. 13:27-9.4(a)5v:

"For the purposes of this subsection, a four year professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board (NAAB) or by another national or regional accrediting organization recognized by the Board in a program of study in architecture shall be substantially equivalent to a four-year interior design program accredited by CIDA."

N.J.A.C. 13:27-3.1 and 9.2 amended to include new definitions as follows:

"'Non-load bearing' shall mean and be limited to only those elements which do not support any load other than its own weight and shall not be construed to include any framing member or structural component which transmit both dead and live loads of the home to the supporting ground. For the purposes herein, 'structural component' means an integral part of a residential building, including the masonry structure and foundation that supports non-variable forces or weights, that is, dead loads, and variable forces or weights, that is, live loads.

'Building systems' shall mean and include structural, electrical, mechanical, plumbing, fire protection, and vertical transportation, and other systems affecting health and safety. For the purposes herein, construction shall be deemed to be materially related to or materially affecting building systems if such construction shall require permitting and approval by the construction official or appropriate subcode official of the enforcing agency pursuant to N.J.A.C. 5:23."

In accordance with N.J.A.C. 1:30-4.2, the Board shall subsequently mail to the petitioner, and file with the Office of Administrative Law, a notice of action on the petition.

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