(a)

1. (1) If, under Arkansas law, an architect is required to prepare or supervise and control the preparation of the architectural plans and specifications for a new building or the alteration of or an addition to an existing building, construction observation for the project shall be conducted by an architect or by a person working under the supervision and control of an architect.

2. (2) For purposes of this subpart, “construction observation” means the administration of the portion of the construction contract described and documented in the architectural plans and specifications, including the following services:

   1. (A) Visiting the construction site on a regular basis, as necessary, to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued;
   2. (B) Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents; and
   3. (C) Notifying the owner and the building official of:

(i) Any code violations;

1. (ii) Changes that affect code compliance;

   1. (iii) The use of any materials, assemblies, components, or equipment prohibited by a code;

      1. (iv) Major or substantial changes between such technical submissions and the work in progress; or
      2. (v) Any deviation from the technical submissions that he or she identifies as constituting a hazard to the public and observes in the course of performing his or her duties.