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ILLEGAL PRACTICE

MyDream

Like the good worker bee that i am I was working on an interior project for a mercantile project and a mech. shaft closure detail and over heard about a former teacher of mine is running an illegal practice. I'm not saying any names or anything,but it sounds like he is in HOT water with the local architect's and their having a meeting with code officials about the issue. The issue came up because he was called out on his "stamped" drawings and was had....lol.... so to speak (because they was signed and sealed by someone else when he was called out he said it was his partners' seal.....didn't work out so well).

 

So what do the people here on archinect think about these unlicensed professionals running successful architecture practices? How would you handle this situation if you were losing work to someone who isn't licensed?

 
Nov 26, 13 2:24 pm
Non Sequitur

Throw the book at him, complete with license suspension and a hefty fine. Make his name public so that future clients stay away. Also, add court fees on top.

At least that's how my board handles unlicensed practices.

Nov 26, 13 2:35 pm  · 
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la guillotina !

Nov 26, 13 2:42 pm  · 
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curtkram

really non sequitur?  it's not just a sternly worded letter, politely asking him to stop representing himself as an architect?

can't take the license away from someone without a license.

Nov 26, 13 3:50 pm  · 
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Non Sequitur

Curt, where I practice (Ontario, Canada) you need both a license and certificate of practice to practice architecture on your own and stamp drawings for permit. If a licensed architect without a certificate is caught, more often than not, the license is suspended (one month usually for first offence) and a fee along with full disclosure to the public on the board's website.

I think they also force the person to retake the intern-level professional practice course before certificate is reissued. I read the court cases every once in a while.

Nov 26, 13 4:16 pm  · 
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heeroyui

non, in america, you are not an architect.
Jul 23, 18 12:42 am  · 
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Non Sequitur

Correct, although I can apply for reciprocity if ever I needed to... which I don't because there is plenty of work up here. It's also much nicer. Nice necro-post though.

Jul 23, 18 7:40 pm  · 
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gruen
Big difference between calling yourself an architect at a cocktail party and stealing someone's stamp.

The one I see most often is an unlicensed person using questionable language on their website. Some states (Texas) take this very seriously. Many others do not have the resources to punish these low level offenders.

What grinds my gears is when an unlicensed person pulls the crap that Anna klingmann is-a website calling herself an architect-and then advertising for free labor. When she does not hold a license in NY where she is based.
Nov 26, 13 5:49 pm  · 
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citizen

This guy sounds ready to teach Pro Practice!

Nov 26, 13 6:55 pm  · 
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x-jla


Here we go again...


Nov 27, 13 2:23 am  · 
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x-jla


You are an architect if you produce architecture.  The state is irrelevant.  


Nov 27, 13 2:29 am  · 
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s=r*(theta)

So Ive been an architect since 3rd grade?! Sweet christmas! all those billable years :D

Apr 26, 17 9:47 am  · 
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that is right jla - you are what are produced

Apr 29, 17 4:32 am  · 
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curtkram

where does that come from jla-x?  where i live, the state has a board of technical professions that bestows the title of 'architect' on people who meet their requirements.  if you're not registered as an architect with the board of technical professions, you're not an architect, and there are laws that govern a person's right to advertise services of an architect without having that registration with the state.

Nov 27, 13 7:54 am  · 
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s=r*(theta)

I was told by local codes official "if you thumb through the code book, you are an architect" I said good enuf for me! were do I stamp?

Apr 26, 17 6:03 pm  · 
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Non Sequitur

jla-x, an architect is licensed, anyone else is a designer. Just because you can't complete licensing does not mean everyone else's professional credentials are annulled.

Nov 27, 13 8:10 am  · 
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chigurh

Who cares if the guy is licensed or not...unlicensed "designers" are always going to get and complete work, that is just a reality.  

Some of these people will get into hot water with their local architects board, if they ever use the term architect or any variation on drawings or promotional materials; website, business cards, etc. 

unfortunately, the chances of getting caught are slim to none unless somebody rats them out which oftentimes is a disgruntled client or contractor.  Even if they do get caught it is usually just a minimal fee to pay, which means they are just going to do it again.

And as we all know, the term architect is one of the most bastardized professional titles around, but sounds awesome if you are janitor and you call your self a custodial architect.

People get what they pay for and I believe that a majority of these unlicensed designers holding themselves out as architects are hacks and ending up costing clients more money in the long run by not knowing what the fuck they are doing.  

It is the AIA and architecture board jobs to educate the consumer on these issues, the same way local contractors boards stress the importance of hiring a licensed contractor to complete work....If you just get some low budged hack on craigslist, chances are they are going to run your shit pipe up hill.

Nov 27, 13 8:56 am  · 
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x-jla

Curtram, The word architect and its definition is much older than the states interpretation. 

"a person who designs buildings or ideas" 

The term "registered architect" or a "licensed architect" can be owned, but the term "architect" alone cannot regardless of what the state or the AIA or NCARB says.   

You cant support the idea of free market competition and the idea of professional protectionism.  I do not think that the state has the right to regulate the arts.  Architecture is an art imo.  The science part is covered already by engineers and codes.  The idea of the state being able to regulate any form of art is a violation of free speech.  The concern for public safety is often over exaggerated to justify protectionism.  I am more concerned with the low quality soul sucking resource sucking  shit scape that registered architects are littering the planet with.  

Nov 27, 13 4:39 pm  · 
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A license is no substitute for competence. The public safety issue is considerably more complex and goes back at least as far as Hammurabi.

And I'll take issue, as I have in the past, with architecture being an art.

Nov 27, 13 4:55 pm  · 
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Non Sequitur

Jla-x, no... seriously, tell us how you really feel.

Did you have a sip from Suri's cup recently?

Nov 27, 13 5:24 pm  · 
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gruen
Huh. If I left all the technical aspects to my engineers, my buildings would never function correctly. I think if you really think that architecture is just design and that the license is just a piece of paper, you have a lot to learn.
Nov 28, 13 5:21 pm  · 
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x-jla


What i said Didn't come out right.  What I meant was that the most dangerous aspects of the design are already subject to some checks and balances.  Of course the architect is responsible for the technical stuff.  The functionality of the building is very important.  The function is the most important thing imo. Architecture is not art but it is an art and science.  Regardless of who designs the architecture it still must meet the bare minimum safety standards set by the code.  The state license is hurting and not helping architects in several ways.  It is also hurting the overall profession in many ways.  


Nov 29, 13 1:14 am  · 
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The Original Post mentioned this came to his attention through gossip? I would try hard to keep out of the mess unless you know people are at risk or a genuine fraud is taking place.  Sounds like people are on it like stink on poo so sit back and let others deal with it stay out of the fray as this is a small profession and you don't want to burn bridges that you may need latter on.

Gossip is toxic don't mess with it if you don't need to.

Peter N

Nov 29, 13 1:07 pm  · 
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s=r*(theta)

Some one told me you sometimes give great advice Peter !

Apr 26, 17 5:59 pm  · 
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gruen
How is it hurting architects? The process of becoming a registered arch actually helped me be a better arch. I don't think you can judge unless you've been through the process. One can argue that the process is difficult and the rules could be better, but it would be tragic if there was no oversight.
Nov 29, 13 6:36 pm  · 
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MyDream

Found out that BPF Design is in a lawsuit for running an illegal practice.

 

http://bpfdesign.com/

Jan 17, 14 6:05 pm  · 
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boy in a well

good worker bee, huh?

what else are you?

Jan 17, 14 6:34 pm  · 
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MyDream

many things that are not illegal boy in a well

Jan 17, 14 8:34 pm  · 
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MyDream

I guess this was a bad thread, but I keep hearing about it at the office and wanted to vent.

Jan 17, 14 9:10 pm  · 
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LITS4FormZ

Their contribution to the built environment will be sorely missed. 

Jan 17, 14 9:14 pm  · 
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"Associate AIA"

LOL

Jan 17, 14 9:17 pm  · 
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gruen
They claim to have an arch on staff. Maybe he got grumpy about taking liability but not pay.
Jan 18, 14 1:35 pm  · 
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Saint in the City

"Their contribution to the built environment will be sorely missed."

Well played.

Jan 18, 14 2:02 pm  · 
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MyDream

I was thinking about Brian and my former teacher Mr. Peacock and I wondering why couldn't Mr. peacock become Brian's IDP Coordinator and get him thru the IDP? I mean he has work I'm sure and Dallas can sign off on his hours can't he?

Jan 19, 14 8:10 am  · 
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gruen
Because for IDP, you have to actually work for the person who is signing off.
Jan 19, 14 9:45 am  · 
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Atom

You give zero fucks and move along. It is a misdemeanor most likely. 

Jan 20, 14 2:02 am  · 
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north east

Came across with his article...

https://archpaper.com/2017/04/fake-architect-paul-newman/

He is in jail?

Apr 25, 17 2:12 pm  · 
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Non Sequitur

Blast from the past discussion!

Apr 25, 17 2:29 pm  · 
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MyDream

No that is not brian, He looks a lot different 

Apr 25, 17 3:26 pm  · 
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MyDream

O and this might be a great opportunity for me to show you guys an updated version of my website. I did not change anything other than the grammer...hehe..

Subject: 

Architectural Visualization and Architectural Drafting Services

 

Gilbert Design

 

XXXXXXX

 

XXXXXX

 

XXXXX

 

[email protected]

 

April 25, 2017

 

 

 

 

Dear, XXXXX

 

Hello, I am promoting visualization and architectural drafting services today and I would like to work for your company. Gilbert Design is a architectural visualization company based in FL and I am currently looking for projects with professionals in need of architectural visualization services. I have many years of experience in many different software including Revit, AutoCAD, and sketch-up. I do renderings of commercial and residential buildings at competitive prices and in very high detail. I am capable of creating animations, still renderings, and I can draft projects in Revit and AutoCAD. I will send a proposal for rendering prices if you are interested. A link to my website to see what I can offer your company is at the bottom of this email hope to hear from you soon.  

 

Sincerely,

 

XXXXXXXXX

 

                                                                           (Website)

                                                   http://antwoinegilbert.wixsite.com/mysite

 

Any advice for a failing over educated draftsman....:(

Apr 25, 17 3:28 pm  · 
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MyDream

Well I have to admit that is a lot better than the first time I posted it.

Apr 25, 17 4:24 pm  · 
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I'd stay out of it.

It's kind of not your business since you've just overheard these things and have no way of verifying anything. No one has asked your opinion on the matter. Seems like you want to involve yourself, but if I were you I'd stay away.  

If you feel like someone is doing a better job of winning project you can focus on building up your own practice. Time better spent. 

Apr 26, 17 8:23 am  · 
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MyDream

I wish people would just stay out of my problems...yeah right he will be tested and re-tested and everyone around him will judge.

Apr 27, 17 5:10 pm  · 
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Wood Guy

MyDream, attention to detail matters for the services you are offering, so I would use the correct spelling and capitalization for SketchUp. I would also eliminate the "many years of experience" phrase because everyone knows that just means you have a few years but not enough to quantify. Just say "I have experience..." Or say "I am an expert using..." Or, if you have 10+ years, then you can brag about it.

Apr 26, 17 9:27 am  · 
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On the fence

Established 2016ish

Apr 26, 17 12:56 pm  · 
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MyDream

Not true I was not going full throttle till last feb. Since then I managed to only get one architectural visualization project and a TON of leads that just fizzled out. I have some more marketing strategies, but require money to join and I am in a tight situation.

Apr 27, 17 5:12 pm  · 
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MyDream

Thanks Wood Guy I will try to do what you said.

Apr 27, 17 5:14 pm  · 
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accesskb

money hungry licensing associations.. first they make you pass your licensing examination, then you gotta pay fees to stamp drawings or else they suspend you xD

Apr 26, 17 4:28 pm  · 
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LightMyFire66

So according to your logic ......... Frank Lloyd Wright was not a real architect.  Your type of bureaucratic, nose-in-everyone-else's-business, "need more government regulations" type is why our country has become a cesspool of corporations with "licenses, fees, tags, taxes and title excluded" and an entire populace strung out on drugs and cranked over a barrel screaming " Hallelujah praise to Jesus we need more lube !!! "

Thanks for a continent to despoil and poison. 

Thanks for Indians to provide a modicum of challenge and danger. 

Thanks for vast herds of bison to kill and skin, 
leaving the carcasses to rot.

Thanks for bounties on wolves and coyotes. 

Thanks for the American dream,
To vulgarize and falsify, 
until the bare lies shine through. 

-William Seward Burroughs

Apr 28, 17 10:28 am  · 
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Found the Libertarian.

Apr 28, 17 11:20 am  · 
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MyDream

lol.....I watch ken burns FLW movie over and over trying to learn how he was able to attract wealthy clients. I know he only finished a year of university and became the greatest architect in the world. At the time I posted this I was very much still blinded by the bullshit of licensing and such and was very motivated to finishing arch school. Since that time the real world has hit me and I myself am looking for "residential only" projects with not much success. At this point in my life I could care less about licensing and I care more about finding some kind of employment.

Apr 28, 17 11:28 am  · 
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MyDream

Thanks Rick and the same to you

Apr 28, 17 12:50 pm  · 
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After a few months with going back and forth with getting plans approved and surprise, the fellow that I wrote the check to is not the Architect, someone else that I never heard of was on the plans. When I called the Architectural firm and had asked if he had fellow named Frank that works for him. He called him a facilitator and wound up talking for 15 minutes as he realized ha was caught and trying to make me believe that it was alright. The problem is that the fellow (Frank) portrayed himself as the Architect the entire time. Even having a fancy development name to write the check to. So in a nut shelled he has deceived me the whole time and when confronted he did nothing but yell and scream. (typical way of getting out of things) So where does the ethics lay with this type of behavior?   

Jul 21, 18 1:16 pm  · 
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curtkram

the work should be done under the supervision of the architect of record (frank if it's his stamp). as long as your design service firm kept him involved and he was able to review the progress of the drawing set, i don't think there is a big ethics problem. the behavior is frowned upon by a lot of architects though. if the design service firm you're working with is calling themselves an architecture firm, but can't stamp a drawing, they should stop using the term 'architect.'

Jul 21, 18 2:20 pm  · 
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eeayeeayo

I think he's saying Frank is the unlicensed "facilitator", and rcolletti wasn't previously aware of the involvement of the architecture firm, because he'd only been dealing with Frank, who represented himself as an architect. It depends what state you're, and also exactly what Frank told you he was, whether there are rule violations. I'd suggest calling your state's board of architects and discussing it with an investigator. As you can see from the history of this thread, this forum has some regulars who will come along and tell you their interpretation of the rules of their state, but that's not necessarily relevant, if for instance you're not in Oregon.

Jul 21, 18 2:30 pm  · 
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"...if for instance you're not in Oregon" I totally LOLOLOL'd at this, eeayeeayo!

Jul 21, 18 5:38 pm  · 
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I am in Florida and will contact the board

Jul 21, 18 3:00 pm  · 
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rcolletti, what curtkram said above is correct. There are many both legal and ethical situations in which a non-licensed person is working on a project in connection with a person - an employer, co-worker, or even consultant - who is the officially licensed architect. Your situation may or may not have been illegal, and may or may not have been unethical. Starting with your state's board is a good place to get clarity on the legality of the situation - if it was illegal then it was definitely unethical, too. But it may be that the situation was totally legal but was NOT really ethical - that's harder to define. 

Jul 21, 18 5:42 pm  · 
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MACV68

The biggest risk these pretenders face is the inability to use a court to collect their fee.  Some people don't take a professional title seriously but judges do.

Jul 21, 18 4:05 pm  · 
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great point will take your advice

Jul 21, 18 6:05 pm  · 
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@jla-x thank you for your input. 100% agree. I am an architect myself, legally using the title and running a registered practice, without ever obtaining a license or finishing up studies. Not all countries have corrupt and senseless laws, thankfully. When I will have accumulated enough experience, I'll certainly join the federal society of architects; meanwhile, I'm happy with what I've got. As you pointed out, the original definition of "architect" is way older than that of the AIA. Also, let's not forget that such figures like Zumthor, Wright, Ando, and many others, were autodidacts and didn't need anyone's approval to do their work correctly and set standards for the rest of so-called "licensed" architects.

Jul 21, 18 6:27 pm  · 
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MACV68

Too many arrogant and stupid comments and lost posts  because of repeated requirement to sign in.  Not the forum for me.  

Jul 21, 18 6:38 pm  · 
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heeroyui

The real problem is that why are all these people doing architecture and not licensed? This is because the process is unnecessarily difficult. I always thought that getting an architecture license is the 2nd most difficult license to get (doctor #1) not because of the difficulty of the knowledge but because of all the BS ( the BS experience requirements, the BS employment verification, the BS 5 year education). And even going through all of that, it doesn't make you a better architect...this has nothing to do with pretenders. This has everything to do with licensed people who wants a keep there monopoly on the profession.

To that I think, ARCHITECTS! STOP ATTACKING EACH OTHER. THINK! WHY CAN ENGINEER'S SIGN AND SEAL ARCHITECTURAL PLANS? WHY DON'T ARCHITECTS CHARGE SERVICE & REAL ESTATE SALE % SINCE WE DO EVERYTHING?

Licensing is not an issue. Stop monopolizing the industry and making the licensing so unnecessarily difficult. It's safer for society for all architects to be licensed. Let them qualify and pass the ARE. 



Jul 21, 18 6:47 pm  · 
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curtkram

We can't charge larger % fees because we undercut each other. because it's currently too easy to get a license. think about it.

Jul 21, 18 7:28 pm  · 
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Non Sequitur

This wanker sounds like they never worked a day in the field.

Jul 22, 18 11:34 am  · 
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heeroyui

Non, why are you stalking my posts? Under cutting is a big issue, how can we educate architects to stop this and devaluing our profession? Maybe this should be included in the ARE? When I took my course to get my real estate license, it was clear that you charge at least 6% for a sale. It's an industry standard.

Jul 23, 18 12:39 am  · 
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Non Sequitur

It’s not stalking, you’re literally spamming your ignorance all over the boards. And a realtor license? Now that is a fucking joke.

Jul 23, 18 6:23 am  · 
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Non Sequitur

^Ha. Brilliant.

Jul 23, 18 9:28 pm  · 
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bennyc

Architects must have a license from the New York State Department of Education (NYSDOE). Requirements vary by education and past supervised architectural experience. 

Common categories for architect without licenses cannot be used by unlicensed architects in New York. These include the titles "architectural associate" or "design professional." 

Contact the NYSDOE for more information. 

Jul 22, 18 11:39 am  · 
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curtkram

rcoletti above says he's in florida. fwiw, an architect in florida is not required to have a new york license.

Jul 22, 18 11:56 am  · 
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Wilma Buttfit

Lol. Most New Yorkers can't concieve the concept of Not NY.

Jul 23, 18 8:23 am  · 
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x-jla

You read my mind tintt lol!

Jul 23, 18 9:35 pm  · 
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Volunteer

The current system reminds me of the Guild system in Holland and other countries in the 1700s, where every occupation imaginable had its own guild. New wanna-be members had to spend years as low-paid apprentices before being allowed to join, and often were required to provide services free to the guild overseers. Out in the boonies, away from the major cities, the system was often bypassed by people 'just doing it' as the saying goes. This is where the term 'cottage industry' comes from as well.

Jul 23, 18 7:33 am  · 
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