A few thoughts on this thread. I'm not an attorney, so my opinions are merely my take on the laws and regulations as a practicing architect with both a design practice and an expert witness practice in New Jersey for 26 years. Please take my comments as such. I'm sure the regulations are different in your particular state.
Being allowed to design certain buildings does not allow the use of the title "architect" in most, if not all, states. I can design a home in Washington, for instance, but I cannot call myself an architect.
AIANJ is dealing with the North Carolina Supreme Court decision regarding the Board of Dentistry regarding the overlap in teeth whitening and dentistry. The found in favor of the teeth whiteners saying that the practice did not constitute the practice of dentistry, further stating that because their Board is comprised entirely of dentists with no independent government oversight, they may not have the consumer's best interests in mind. This decision has many boards across the country putting on hold any action against non-licensed practitioners even if they are clearly in violation of the state regulations governing the practice of architecture. So, they will only take action against licensed architects, not unlicensed designers practicing architecture. They say that non-licensees are not controlled by the Board, but rather the Attorney General's office (who would only take action in cases where life and limb is at risk). Not to mention that fines, when they were still being levied, were just a small cost of doing business, and often reduced upon appeal by the person violating the regulations.
The first question for the State Board of Architects, then, is "what exactly are you doing with all the complaints that are being filed against those practicing architecture without a license?" The second question is, "If the State Board of Architects' primary purpose is to protect the consumer from incompetent practitioners, how is that accomplished if you only censure those who have proven their competency through education, examination, and experience (licensed architects)?" Among other topics, the State Government Network will be taking up the issue of unlicensed practice and practice overlap (with interior designers) at our annual meeting in June.
Holding a license to practice is about protecting the consumer, not protecting the profession. (I've told colleagues n several occasions that the only thing a license grants you as a license holder is the right to be sued.) As an expert witness for the past 26 years, the first thing I do when I am handed a case with another design practitioner is to check to see if they are licensed, i.e., legally able to take responsibility for the health, safety, and welfare of the public.
New Jersey's regulations are among the strictest in that regard. With few exceptions, if a building is designed or altered for human habitation, it must be designed by an architect. That includes single family residences. Exceptions include single family home owners who will occupy the home, personally prepare their own drawings (to the level expected of a licensed architect, although that is never tested), AND will act as the general contractor for the project. There are implications for the Consumer Fraud Act, liability coverage if the owner sells the home, etc.
Another exception allows registered home improvement and new home builder contractors to provide "preliminary designs" for single family homes for the purpose of scoping the project, developing a budget, and selling the job. At the point where drawings are meant to support a permit application, they drawings must be prepared by an architect. This usually ends up with the contractor asking the home owner to lie on the permit application, under penalty of perjury and a $10,000 fine, saying they drew the plans themselves, and unwittingly becoming teh "General Contractor" even if they hire another general contractor to perform the work (as a subcontractor). They give up their rights under the Consumer Fraud Act in doing so.
Another exception allows "stock plans" to be used for single family homes, but the drawings must be reviewed by a NJ licensee and adapted for site specific conditions. The NJ licensee becomes the architect for the project and assumes all responsibility for the content of the drawings. I believe the regulations would allow a Joint Venture partnership as well, in which case, a Certificate of Authorization to operate under a "fictitious name" may be needed.
Design-Build regulations, and engineers and other "closely allied professionals" hiring architects as sub-consultants, serve to muddy the waters even further, to the point that I would venture to say most licensed architects don't even understand, or don't even both to check, what is allowed. Architects are exempt from Consumer Fraud Act treble damages, but not if the violate the regulations, which might be as simple as neglecting to put two paragraphs of statutory language in their contracts and making sure those they work for include similar language in their contracts with the Owner, then they may be sued under the Consumer Fraud Act.
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David Del Vecchio AIA
Architect
David Del Vecchio, Architect, LLC
Cranford NJ
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Original Message:
Sent: 04-11-2017 20:20
From: John Knight
Subject: Licensed architect?
One cannot use the word architect, architectural design, or any other derivative unless they are a registered architect. Period. Even interns. If these two are registered in other states and are practicing in CA then they have to be licensed there. Call the CA board now.
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John Knight
Principal
John Knight Architecture
Atlanta GA
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Original Message:
Sent: 04-10-2017 11:40
From: Brenda Nelson
Subject: Licensed architect?
All,
I wouldn't normally be the person to do this, but a co-worker and I were discussing this article I found this morning. It references a company in California and specifically calls the two founders "architects". My co-worker looked up the names on the California board of architects and neither person came up as a licensed architect.
While it's possible they could be architects licensed in other states, it doesn't initially appear they are licensed where they are practicing.
Here's a link to the article:
This Company Will Design Your House For Less Than The Price Of Your Phone
They seem to be offering architectural services related to pre-fab accessory dwellings where their software does the designing for them. It's possible they can perform this level of services without needing to be a licensed architect or at least licensed in the state they practice in. I know in many states, anyone can design a house under a certain square footage.
I thought I might put this information out there for this group for some feedback. Should the CA board of architects be notified of the use of "architect" in this article for this type of work by people who don't seem to be licensed in CA?
Thanks,
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Brenda Nelson Assoc. AIA
Intern Architect
Alley Poyner Macchietto Architecture, Inc.
Omaha NE
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