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rickb



Joined: 31 Jul 2008
Posts: 1

PostPosted: Thu Jul 31, 2008 1:23 pm    Post subject: legal question Reply with quoteFind all posts by rickb

I am a residential design firm in FL and do not use or advertise the term architect. I am in a magazine article and the write up states that I am a residential designer many times over and my services are of a residential design firm. In the writers story, in one sentence she states that My knowledge encompasses all architectural styles that are in America. In another paragraph in the same article, the writer quoted me talking about older neighborhood lots which are narrow, high density that demand specific architecturally authenthic residences.

I never got to proff the article before it went out as I was supposed too. They were in a deadline crunch and they sent it without sending it to me.

Are these statements by the magazine or the quote about a general statement regarding older neighborhoods demands an issue.

No where in the article did I or the interviewer say that I provided architect service or was an architect.

Thanks
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SDR
millennium club


Joined: 02 Oct 2004
Posts: 1722
Location: San Francisco

PostPosted: Thu Jul 31, 2008 8:33 pm    Post subject: Reply with quoteFind all posts by SDR

Are you concerned that you (through the magazine article) are misrepresenting yourself as an architect ?

I think you have nothing to worry about. The two citations you mention don't come close to stating that you provide architectural services. It is perfectly legitimate and respectable, in my opinion, to discuss architectural aesthetics as a layman, and as a designer. I would say that you have done everything possible to stay on the right side of the issue, and I don't see that the article does anything to contradict that.

I would be happy to know that you are concerned with making "architecturally authentic" residences, and I would hope that others, including both lay and professional persons, would be pleased to know that too.

SDR
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solidred



Joined: 05 Jan 2006
Posts: 633
Location: Scotland

PostPosted: Fri Aug 01, 2008 2:13 am    Post subject: Reply with quoteFind all posts by solidred

I'm not from the states but similar legal ramifications surround the specific title and claims to the title 'architect' here in the UK.
And for what it's worth, I agree with SDR. There's a distinction between both 'architectural', talking about 'architecture' and labelling onesself as an 'architect'. From what you say, neither you nor the magazine have referred to you as an architect. So, no problem.
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mx2
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Joined: 18 Jan 2006
Posts: 1968
Location: Miami, Florida

PostPosted: Sun Aug 03, 2008 4:20 pm    Post subject: Reply with quoteFind all posts by mx2

That's something I never undertsood how it wokred in Florida. How can one be a Residential Designer in Florida if you need sisnged and sealed drawings to apply for a permit?

mx2.5

_________________
*Art of Architecture: The conscious use of skill and creative imagination in the production of an aesthetic building.
*Science of Architecture: The calculated use of technical skill and knowledge in the construction of a functional building.
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Married To The Job



Joined: 23 Jul 2008
Posts: 36

PostPosted: Sun Sep 14, 2008 3:32 pm    Post subject: Reply with quoteFind all posts by Married To The Job

MX2 -- To my knowledge, 'Residential Designer' is a non-regulated job title. It's what someone would call themselves if they design residences, which is legal in Florida without an architecture license. Most states have laws proscribing the scope of work which may be performed without an architecture license, such as farm buildings, single family residence, etc. So I would consider a residential designer someone other than a residence owner who designs (not engineers) houses for others.

The problem, as you allude, is that most municipalities now have laws which require all structures to be s/s by a licensed architect or engineer, including residences. In a case like the RD, s/he would have to have an engineer s/s the drawings. Some areas used to allow the contractor to complete a form from certain 'deemed to comply' code (?) adjuncts (?) which state that the contractor is using acceptable minimum standards and places the structural responsibility for the design onto the contractor (and truss designer!) -- I guess I'd call this a prescriptives method. That may be acceptable in many cases, unfortunately, some RDs get themselves in trouble when they attempt to design a home which is more similar to commercial work in its size, materials, or structural needs. I've seen contractors get themselves in a lot of trouble (liability and financial) because they need a job and are too desperate to turn away a project that is not sufficiently described in the construction documents.

A couple of years ago I went by to pick up some new job signs that a local signage shop had done for our office. The owner there waylaid me and started going off about his son's experience with a (then) local business that sold home plans. Apparently his son paid for the plans, and took them in for permitting, and was then given the 'facts of life' as it applied to s/s drawings requirements. Took the plans back to the home plans 'business' and THEN was told that he would have to hire an architect or structural engineer. We've had similar type calls to our office which ask how much to 'stamp' their bought-from-a-magazine home plans. Then I get to give the old 'plan stamping is illegal in our state' news, which usually doesn't play so well, and have to get them to go back and actually READ the information that came with the drawings -- about whether or not the design is reproducible, copyrighted, etc., and that the drawings purchased are not permit sets, and that a local professional is usually required, etc.

Caveat emptor, unfortunately.
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trilitica



Joined: 13 Oct 2005
Posts: 122
Location: Bucharest, Romania

PostPosted: Wed Sep 17, 2008 5:56 am    Post subject: Reply with quoteFind all posts by trilitica

the magazines, newspapers and even tv shows usually make mistakes when they print interviews or articles.

if you have concerns regarding legal misinterpretation, write them a letter and tell them what you consider to be correct. This way you are basically covered by any responsibilities and the editor should be responsible for.

If it is a big mistake maybe they will publish an erata to the article.

Very interesting the story about "ready-to-use-home-plans"!

_________________
Octavian Ungureanu,
architect
TRILITICA FRAME
Architecture & Engineering
Bucharest, Romania

www.trilitica.ro - in Romanian
www.building-design.ro - in English
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