RA9266: THE ARCHITECTURE ACT OF 2004 UAP Career Development Center MODULE 1 RA 9266: THE ARCHITECTURE ACT OF 2004 MARCH 17, 2004 ‘An act providing for a more responsive and comprehensive regulation forthe registration, lensing and practice of Architecture, repealing for the purpose R.A. 545, 2s amended, otherwise known as "An act fo regulate the practice of architecture in the Philippines, and for other purposes Implementing Rules and Regulations (|RR) of RA 9266 - published in the Oficial Gazette on 15 November 2004 (pages 7709 through 7731, Vol. 100 No, 46), and took effect on 01 December 2004, Architecture: att & science or profession of + planning + designing + constructing ---buldings in their totality «taking into acoount their environment .,20cording to the principles of Utility, Strength, Beauty Architect: * professionally and academically qualified, registered and licensed advocating + fairand sustainable development + welfare + cultural expression of society's habitat in terms of + space, forms and historical context Functions of the Architect: ARCHITECT-OF-RECORD + direct and professional responsibility + _ civil labity for signed plans, specifications and contract documents ARCHITECT.IN-CHARGE OF CONSTRUCTION + direct and professional responsibilty and + civil liability for construction supervision CONSULTING ARCHITECT + with exceptional or recognized expertise or specialization in any branch of architecture General Practice of Architecture: The actof: + planning, + architectural and structural designing (RA5A5),(changod to CONCEPTUALIZATION: RAG266) + specifying, + supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and architectural design of engineering structures or any part thereof... Structural Conceptualization: means the act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work giving due consideration to safety, cost effectiveness, functionality and aesthetics UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 Uap career x Development Center General Practice of Architecture: the scientfc, aesthetic and orderly coordination of all the process which enter into the production of a complete building and structure performed through the medium of unbiased preliminary studies of plans, consultations, specications, conferences, evaluations, investigations... Professional services in connection with site, physical planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or ateralion of a building or group of buildings re-design services planning, architectural designing and structural conceptualizaton schematic design, design development, contract doouments and construction phases including professional consultancies preparation of architectural plans, specications, bill of materials, cost estimates, general conditions and bidding documents; all works which relate to the scientific, aesthetic and orderly coordination of all works and branches of the work, systems and processes necessary for the production of a complete building or structure, whether for pubic or private use, in order to enhance or safeguard life, health and property and the promation and enrichment ofthe quailty of life, the architectural design of engineering structures or any part thereof, and Authorship: + in-charge of preparation + supervised preparation Ownership: + Proprietary rights to an architectural work by a personfjurcical enlity who commissions the Architect + Ownership of an architectural work by such a personfjuridioal entity shall only be confined to the use ofthe architectural docurnents for executing/implementing the work described therein for one or the original project + Shall not apply to the use of a part of or ofthe entire architectural workidocuments fo repeitions or fo subsequent projects. PRBoA: Qualifications: + Filipino citzen + inactive practice (at least 10 years) + nota faculty member of any architectural school within 5 years from nomination + Not an elective officer of the APOA + Not convicted of any crime involving moral turpitude TERM OF OFFICE: 3years*(3,2, 1 yrls frst appt) Powers & Functions of the Board: Presoibe and adopt rules re provisions of the Act ‘Supervige the ragistration, licensure and practice. Administer oaths Issue, suspend, revoke, or reinstate Adopt official seal Monitors conditions of practioe UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9Z66: THE ARCHITECTURE ACT OF 2004 “ouC VAP Career “> Development Center + scribefadopt Code of Ethical Conduct and Standards + Hear and decide administrative cases + Presoribe guidelines for CPD + Prepare, adopt issue or amend syllabi subjeots for exer and administer, correct and release results of exam Approve, issue, limit or cancel temporaty or special permits Coordinate with CHED on policies, standards and requirements of the course ‘Adopt a program for full computerization of the exam Discharge other duties and functions for enhancement ofthe profession Examination, Registration & Licensure: + Fiipino citizen or qualified foreigner + good moral character + holder of BS. Architecture + has two years of diversified experience = MS credited 4 year “Diversified Architectural Experience (DAE)" a postbaccalaureat, pre-icensure experiance of two (2) years required of a graduate of architecture prior to taking the licensure examination; consisting of a variation of experiences in the diferent phases of architectural service. (By virtue of a Board Resolution, the DAE has been redefined as an experience of atleast 3,840 hours required of a bachelor's degree holder in architecture prior to taking the board licensure examination for Architect's (BLEA) Examination Subjects: Day + History and Theory of Architecture; Principles of Planning and Architectural Practioe + Structural Design, Building Materials, and Architectural Specifications, and Methods of Construction and Utiites + Urban Design and Architectural Interiors DAY2 + Atchitectural Design and Site Planning ‘GWA of 70%, no grade lower than 50% Results outin 30 days Oathtaking required Seal, Issuance and Use of Seal: Prohibited acts: ‘+ Use after COR expiration + Documents made under another architect's supervision + Duplication of documents for another project + Seal and signature only by LRA's Architectural Documents: architectural drawings, specifications, and other outputs of an Architect that only an Architect can sian and seal consisting, among others, of vicinity maps, site development plans, architectural program, perspeotive drawings, architectural floor plans, elevations, sections, ceiling plans, schedules, detailed drawings, technical specifications and cost estimates, and other instruments of service in any form Certificate of Registration: a certificate bearing a registration number, issued to an individual, by the Professional Regulation Commission through the Board of Architecture, signifying that the individual has successfully passed the Licensure Examination and is registered to practice his/her profession as Architect UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 Uap Career ~ Development Center Non-issuance of COR: "The Board of Examiners shal refuse to issue or renew a Certificate of Registration + {0 any person convicted by a court of competent jurisdiction of any criminal offense invoWving ‘moral turpitude or + to any person quity of immoral or dishonorable conduct or + to any person of unsound mind.” ‘Suspension/Revocation of COR: + Signed contract documents not authored by him/her + Paid to sooute Cortifioato of Registration + limpersonated or practiced under a fictitious name + Aided in the practice of a person not authorized to practice + Undertaken services without a service agreement + Violations ofthe Act and its IRR Reissuance of Revoked COR: The Board may, after the expiration of 2 years from the dale of revocation and upon application and for ‘easons deemed proper and sufficient, reinstate the validity ofa revoked COR and in $0 doing may, in its disorotion, exer the applicant from taking another examination, Prohibition in the Practice: No person shall practice architecture inthis country, or engage in preparing architectural plans, specifications or preiminary data forthe erection of alteration of any building located within the boundaries of this country, or use the til “Architect, or display the word “Architect together with another word, or display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice architecture or isan architec, unless such person is a licensed and registered architect Reciprocity Requirements: Apperson who is not actizen shall not be allowed to take the licensure examination unless helshé can prove that hisfher country adrrits Flpino citizens to praotice the same profession without restriction or allows ther to practice it after passing the examination, Continuing Professional Development: “CONTINUING PROFESSIONAL DEVELOPMENT” refers to a sustaining and progressive learning process that maintains, enhanoes, or increases the knowledge and continuing ability of architects. “CPD Providers” means an entiies, agencies, organizations and the lke that have been accreditedirgistered with the Board of Architecture of the PRC to deliver seminars, lectures, and other continuing professional education modules for architects, other than the |APOA which is automatically accredited by the Board of Architecture as a CPD Provider. Prohibition inthe Practice: practice or offer to practice architecture without the being registeredlicensed ~ resented or attempted to use another persons CORILioanse ~ give any false or forged evidence of any kind in obtaining CORMLicense ~ falsely impersonate any registrant of lke or different name ~ attempts lo use a revoked COR ~ assume, use or advertise any tle or description tending to convey the impression that helshe is an architect ~ allows the use, adoption, implementation of plans, designs or spectications made by any person, firm, company not duly licensed to engage in the practice of architecture Violates any of the provisions of RA 9266/IRR SHALL BE GUILTY OF MISDEMEANOR and charged in court by the Commission UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 : UAP Career ~ Development Center ~ Fine of not less than P100,000 but not more than PSM or imprisonment of not less than 6 mos. to 6 yrs, ‘Any person or entity, whether public or private wholwhich shall entice, compel, coerce, require or foros an architect to render service without a service agreement shall be guily of misdemeanor - Fine of nat less than P200,000 or imprisonment of not exceeding 6 yrs. or both Rogistration of Firm: + Only Filipino RLAs may, among themselves, or together with allied technical professionals, form and obtain registration forthe practice of architecture + 75% are registered and licensed archos + registered with SEC and the PRBOA + individual members are responsible for their individual and collective acts “Architectural Firm” means a sole proprietorship, a partnership or @ corporation registered with the DTI ANDIOR SEC and then with the Board of Architecture and PRC “Architectural Company’ means a juridical entity that shall be synonymous with an Architectural Partnership “Sole Proprietorship” means an individual Architect practicing and delivering architectural services, duly registered with the DTI, BOA and the PRC. “Association” any formal grouping of two or more archileots or architectural firms working in joint Venture on a project basis. “Architectural Partnership” means a group of two or more Architects duly registered with the SEC and then with the Board of Arcitecture. “Architecture Corporation’ means a group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and lied professions; in case an existing Architectural Corporation does nat comply wit the 75% composition requirement, it shall comply and register again with the SEC and the BOA. Temporary/Special Permits: Foreign Architects (FAs) or Consultants (FCs) = reciprocity requirements = qualified to practice in own country - expertise and technology transfer - with Filipino counterpart = DOLE and PRC permits schnology Transfer” refers to contracts or arrangements involving the transier of systematic knowledge for the manufacture of a product, the appiction of a process, or rendering ofa service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights. ino Counterpart” the local Philippine architect, partnership or corporation that must work in ‘association with a foreign architect, partnership or corporation, on a project on Philippine sol Accredited Professional Organization (APO) The Architecture profession shall be integrated into one (1) national organization which shall be accredited by the Board. “INTEGRATED AND ACCREDITED PROFESSIONAL ORGANIZATION" means the existing official national organization of al architects of the Philippines in which all registered Filipino architecis shall be ‘members without prejudice to membership in other voluntary professional associations. UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 UAP Career Development Center Functions/Responsibilites of the JAPOA + Nominations tothe vacancy of positions to the BOA; Responsibly of preparing a program of CPD; Endorsement of the practice of foreign nationals to be issued temporary / special permit, Recommendation of compliance with Kiabilly insurance under a temporary / special pert; Monitoring compliance and endorsing tolor fing a complaint with the Board andlor Comrnission for violation ofthe R.A, No, 9266, this IRR, Code of Ethios, Standards of Professional Pract and other policies of the Board and of the Commission and with othor agencies for violation of other relevant laws, regulations and the lk. PRBoA Resolutions + Board Resolution No, 03, Series OF 2004 © _ Accreditation of UAP as the |APOA. + Board Resolution No. 02, Series of 2005 : © Requiring |APOA certificates as a prerequisite for renewal of PRC cards ‘+ Memorandum Circuiar no. 2005-08 : ‘© Memorandum to Gov't agencies for enforcement of RA 9266 and its IRR + Board Resolution No. 04, Series of 2005 ‘© Adoption of the Logbook of Diversified Architectural Experience formulated by the AP + Board Resolution No. 05, Series of 2005 © _ Prescription by the Board on the design, size and contents of the dry seal + Board Res. No. 3, Series of 2007: © Consolidating the 3 subjects into 1 subject under day 2 ofthe board licensure examination for Architects + Board Res. No. 4, Series of 2007: © Use of the words ‘Architect’, “Arcitect-of Record’, “Archilect.in-charge of Construction’, “Consulting Architect, "Foreign Architect’, Architectural Tills, and the ‘Number of Certificate of Registration and Professional dentfication Card, andior Special Permit with date of issuance and duration of validity in connection with the rname of the RLA-practoner appearing in a publication, or on a market collateral and billboards or cited during a broadoasttelecast and the like + Board Res. No. 5, Series of 2007: ‘© Providing for the Registration of Firms, Companies, Partnerships, Corporations, or Associations of RLAS + Board Res. No. 6, Series of 2007: ‘© Prescribing Guidelines for Accomplishing the Logbook on Diversified Experience in Achitecture by certain classes of RLAS certifying prospective examinees based ‘overseas oF prospective examinees with work experience overseas, + Board Res. No. 1, Series of 2008: ‘© Restricting the Practice of the Regulated Profession of Architecture by Non-RLAS such es BSArch Students, Graduates/Graduates undergoing Diversified Training and Unsuccessful Examinees who have taken the ALE and who perform works of ‘Acchitecture without the direct supervision of a RLA, + Board Res. No. 3, Series of 2008: ‘© Guidelines forthe procedure on the issuance of Temporary/Special Permits to Foreign Architects (FAs) for the practice of architecture inthe Philippines. + Board Res, No. 9, Series of 2008: ‘© Redefining ‘Diversified Architectural Experience (DAE)" as an experience of at least 3,840 hours required of a bachelor's degree holder in architecture prior to taking the _ board licensure examination for Architect's (BLEA). UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 i UAP Career SR Sevelopment Center Professional Regulation Commission (PRC) PD 223: Creating the PRC dune 22, 1873 RA 8981; The PRC Modernization Act of 2000 Repealing P23, Composition © 1 fulltime Chairperson © 2filbtime Commissioners all to be appointed by the President fr aterm 7 years without reappointment to start from the ime they assume offic. Quatfcations ‘© atleast forty (40) years of age holding 2 valid certificate of registratoniprofessional icense and a valid professional identification card or a valid certificate of competency issued by the Commission or a valid professional iene issued by any government agency familar with the principles and methods of professional regulation andlor licensing alloast fv (6) years of executive or management exporionce 1 of the Commissioners must be a past Chairperson/member of a Professional Regulatory Board. Powers, Functions & Responsibilities of the Commission: + Enforce regulatory policies of National Government + Promuigata and execute rules + Qvorsee activities of various Boards + Oversee licensure exams : + Maintain record of Professionals + |ssue Certficates of Registration! Licenses + Maintain records of various boards + Fix and collect charges and fees + Appoint ofcials and employees + Recommend members of various Boards + Evaluate foreigner's application for Certificate of Registration + Supervise practicing foreigners + Monitor school performance + Implement full oomputerization of exams + Authorize any officer to administer oaths + Investgate illegal praotioe Powers, Functions and Responsibites ofthe Various Professional Regulatory Boards + Regulate the practice ofthe professions + Monitor the conditions affecting the practice + Acton violations of rules and regulations + Evaluate application for registration without examination + Prepare and administer the licensure exams + Suspend, revoke or reissue, reinstate certificate of registration UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 Uap Career * Development Center Person to Teach Subjects for Licsneure Examination on all Professions: All subjecis for licensure examinations shall be taught by persons who are holders of valid certificates of registration and valid professional licenses of the profession and who comply with the other requirements of the CHED. PRC RESOLUTIONS + PRC Res, No. 463, Series of 2008: ‘© Presoribing Fees for the Acoreditation of Continuing Professional Education (CPE) Programs of Duly Accradited CPE Providers. + PRC Res. No. 465, Series of 2008: © Attendance to the CPE Courses offered by CPE Council and PRC Accredited CPE Providers as a requirement for al professionals to be in good standing and globally competitive + PRC Res. No. 466, Series of 2008: (© Revised Standardized Guidelines and Procedures forthe Implementation of the CPEICPD System for All Registered and Licensed Professionals Allied Practice RA 1582 (RA 544): Practice of Civil Engineering ‘Tho practice of civil engineering within the meaning and intent ofthis Act shall embrace servioes in the form of consultation, design, preparation of pians, specifcations, estimates, erection, installaion and supervision ofthe construction of streets, bridges, highways, railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed ‘structures for irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. RA 8534 Practice of Interior Design the act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement and development of interiors of buildings and residences that shall contribute to the enfizncement and safeguard of life, health and property and the promotion and enrichment ofthe quaity of life. RA9053. (March 30, 2001) Practice of Landscape Architecture ‘Arranging, changing and development of natural scenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the softscape of plants such as gardens, sports fields, playgrounds, recreational grounds, camping sites, resorts, national and public parks, historical parks, squares, memorial parks, subdivisions, parks ‘and parkways, zoological and botanical gardens, greenbelt, cemeteries, plazas, patos, yards, outdoor shopping and pedestrian malls, promenade, sidewalks, roads and walkway systems, traffic islands, ‘easements and circles, roof and open inferior gardens and courts, and other open spaces; the protection, conservation and rehabilitation ofthe natural environment and soanery to enhence the ecological system and quality of le PD 1308 (February 14, 1984) Practice of Environmental Planning Activities concerned with the management and development of land, as well as the preservation, conservation, and rehabiitation of the human environment Qualifications for Examination: UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011RA9266: THE ARCHITECTURE ACT OF 2004 @xK VAP Career SS Development Center Person to Teach Subjects for Licensure Examination on all Professions: All subjects for licensure examinations shal be teught by persons who are holders of vali certificates of registration and valid professional icenses of the profession and who comply with the other requirements ofthe CHED. PRC RESOLUTIONS + PRC Res. No, 463, Series of 2008: Prescribing Fees forthe Accreditation of Continuing Professional Education (CPE) Programs of Duly Accredited CPE Providers. + PRC Res, No, 465, Series of 2008: ‘Attendance to the CPE Courses offered by CPE Council and PRC Accredited CPE Providers as a requirement forall professionals tobe in good standing and globally ‘competitive + PRC Res. No. 466, Series of 2008: ‘© Revised Standardized Guidelines and Procedures forthe Implementation ofthe CCPEICPD System for All Registered and Licensed Professionals Allied Practice RA 1582 (RA 544): Practice of Civil Engineering The practice of civil engineering within the meaning and intent of this Act shall embraoe services in ‘the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for irigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels, RA 8534 Practice of interior Design the ac of piznning, designing, spectying, supervising and giving general administration and responsible direction tothe functional, ordery and aesthetic arrangement and development of interiors of buildings and residences that shall contrbute tothe enhancement and safeguard of fe, heath and property and the promotion and enrichment of the quality of Ife. RA 9053. (March 30, 2001) Practice of Landscape Architecture ‘Aanging, changing and development of natural soenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the sofiscape of plants such as gardens, spors fields, playgrounds, recreational rounds, camping sites, resors, national and public parks, historical parks, squares, memorial parks, subdivisions, parks and parkways, zoological and botanical gardens, greenbels, cemeteries, plazas, patio, yard, outdoor shopping and pedestrian mals, promenade, sidewalks, roads and walkway systems, trafic islands, ‘easements and circles, of and open interior gardens and courts, and othr open spaces; the protection, conservation and rehabilitation of the natural environment and scenery to enhance the ecological system and quality of fife PD 1308 (Febniary 14, 1984) Practice of Environmental Planning Activites concemed wih the management and development of land, as well as the preservation, conservation, and rehabiltation ofthe human environment (Qualifications for Examination: UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011,RA9266: THE ARCHITECTURE ACT OF 2004 GK UAP Carcer SSS Development Center - masteral degree in environmental piznning, cty end regional planning, or town and country planning, or its equivalent; = bachelor’s degre in environmental planing, cty and regional planning, or town and county planning, ors equivalent and with 2 years of environmental planning experience certified by a registered Environmental Planner, - masteral degree in either architecture, civil engineering, economics, public administration or sociology, and with 1 year of environmental planning experience certified by a registered Environmental Planner, - bachelor’s degree in either architecture, civil engineering, economics, public administration or sociology, and with 2 years of environmental planning experience certified by a registered Environmental Ptanner, Civil Code ARTICLE 1723, Civil Liability of the Architect: ‘The engineer or architect who drew up the plans and specications for a buiingis lable for damages, if fifteen (15) years from completion of the structure the same should collapse by reason ofa defect in thase plans and specications or due tothe defects in the ground. ‘The contractor is, ikewise, responsible forthe damages ithe edifice fll, witin the same period, on ‘account of defects in the construction or the use of materials of inferior quality fumished by him, or due to any violation of the terms ofthe contrac. Ifthe engineer or architect supervises the construction, he shal be soidaly able withthe contractor. ‘The action must be brought within ten (10) years following the collapse of the butdng, UAP CENTER FOR CAREER DEVELOPMENT AUGUST 2011