22 Tex. Admin. Code § 1.103
Required Use
Effective Sep 19, 199621 TexReg 8661Source Note: The provisions of this §1.103 adopted to be effective March 17, 1988, 13 TexReg 1140; amended to be effective March 16, 1990, 15 TexReg 1149; amended to be effective February 8, 1991, 16 TexReg 457; amended to be effective March 26, 1992, 17 TexReg 1910; amended to be effective September 19, 1996, 21 TexReg 8661.Texas Secretary of State
- (a) Architects shall affix their seal, actual signature, expiration date of certificate of registration under their signature, and date of affixation to all original contract documents, including index sheets identifying all drawings covered; specification cover and index pages identifying all specification pages covered; change orders and supplemental instructions which are developed and issued under the direct supervision or authorship of the architect as contract documents. Presentation documents (renderings, drawings used to communicate conceptual information only) are not required to be sealed, signed, or dated.
- (b) Contract documents considered incomplete by the architect may be released for interim review without the architect's seal or signature affixed, but shall be dated, bear the architect's name and registration number, and be conspicuously marked to clearly indicate the documents are for interim review and not intended for bidding, permit, or construction purposes.
- (c) Those sheets or pages prepared by consultants (structural, mechanical, electrical, etc.) retained by the architect shall also bear the seal and registration number of the consultant responsible therefor. The architect's seal on the work of his or her consultants shall be applied only after the seal of the consultant has been applied and shall attest only to the architect's coordination of the consultant's work with that of the architect's and does not imply the architect's practice of engineering or other consultant's specialty.
- (d) Once documents bearing the architect's seal are issued from the architect's office, the seal shall not be removed. However, if the client requests electronic drawing files that would be used as reference documents, the following statement shall be substituted for the seal: The record copy of this drawing is on file at the offices of (name of firm), (address of firm). This electronic document is released for the purposes of reference, coordination, and/or facility management under the authority of (name), (registration number) on (date). Any modification(s) to this drawing shall be in compliance with the Texas Board of Architectural Examiners' rules.
(e) The architect shall submit to a client only that work (plans, specifications, reports, etc.) done by the architect or under his or her responsible supervision; however, an architect, as a third party, may complete, correct, revise, or add to the work of others when engaged to do so by a client, provided:
- (1) the client furnishes the documentation of such work submitted to him by the first party;
- (2) the first party is notified in writing by the third party architect, of the engagement referred to in paragraph (1) of this subsection immediately upon acceptance of the engagement; and
- (3) the completed, corrected, or revised work shall have a seal affixed by and become the responsibility of the third party architect.
- (f) Subject to subsection (e) of this section, no architect shall affix the seal and signature to contract documents developed by others not under the direct and continuing supervision and not subject to the authority of that architect in critical professional judgments.
- (g) No person, other than the architect represented, shall use or attempt to use the prescribed seal or modify documents bearing such seal without first obtaining the written authority of the architect represented, and clearly indicating on the documents the extent of the modifications made.
- (h) The use of signature reproductions such as rubber stamps or computer generated or other facsimiles shall not be permitted in lieu of actual signatures.
(i) If, in the course of his or her work on a project, an architect becomes aware of a course of action taken against the architect's advice, which may violate applicable state or local building laws and regulations and which will, in the architect's judgment, materially affect adversely the safety to the public of the finished project, the architect shall:
- (1) report the course of action in writing to the owner, to the local building officials, and to other responsible parties; and
- (2) refuse to consent to the course of action.
- (j) Authorized use of the prescribed seal is an individual act whereby the architect must personally inscribe the seal. The architect is responsible for its security when not in use.
Source Note:The provisions of this §1.103 adopted to be effective March 17, 1988, 13 TexReg 1140; amended to be effective March 16, 1990, 15 TexReg 1149; amended to be effective February 8, 1991, 16 TexReg 457; amended to be effective March 26, 1992, 17 TexReg 1910; amended to be effective September 19, 1996, 21 TexReg 8661.