Archinect - News

‘Mutant’ London apartment block to be demolished for deviating too far from permitted development

2023-10-17T11:54:00-04:00

The planning authority in London’s Royal Borough of Greenwich has ordered the demolition of a new residential development along the River Thames. In a statement, the authority concluded that the 23-story building, named Mast Quay Phase II, was “so substantially different to the scheme that was originally permitted” that the development’s ultimate construction was unlawful.

In its decision, the authority cited 26 main deviations from the scheme originally granted planning permission, including “visible design changes to the external appearance of the towers,” arguing that the towers looked “more solid and bulky because of the removal of the stepped back top floor and the glazed curtain wall facade” to one of the blocks.

The approved Mast Quay Phase II (left) versus the scheme subsequently constructed (right). Image credit: Royal Borough of Greenwich

The authority also cited visible changes to the materials and windows, a larger than approved footprint, “lower quality residential acco...

New York City to enact law on how AI can be used when hiring

2023-06-05T12:57:00-04:00

A new law is set to take effect in New York City, which will regulate how companies can use artificial intelligence in hiring decisions. Enforcement of NYC 144 will begin on July 5th, 2023, requiring companies using AI software in the hiring process to notify candidates that such software is being used.

The rules will also require companies using AI systems in hiring to arrange an independent audit of the system on an annual basis to detect biases and to provide candidates with information on the data being collected and analyzed when requested. Companies found not to be compliant with the law will face a fine.

Introducing the ‘Archinect In-Depth: Artificial Intelligence’ series

According to reporting by The New York Times, the law has attracted criticism from both labor and business interests. Center for Democracy & Technology president Alexandra Givens told the paper that the law’s definition of an “automated employment decision tool” used to “substantially assist or replace discre...

New York City's pay transparency law is about to take effect after six months of delay

2022-10-31T12:11:00-04:00

Starting Tuesday, most employers in New York City will be required by law to post salary minimums and maximums in any open job posting. Almost all job postings online or on signs on storefronts across New York City will be required to list a salary minimum and maximum starting Tuesday. Postings can’t leave the salary open ended, like posting “$15 an hour and up.” Any job that can be performed at least partly in New York City is covered, whether the worker is in an office or working remotely.

The city had previously voted to delay the law from taking effect in May amidst resistance from the business community, which in the end only gained an amendment laden with small concessions. Now first-time offenders will no longer be penalized, though fines for any proceeding non-compliance can be enforced up to $250,000 if the posting is not corrected within 30 days. Industries like construction that are facing labor shortages will not be exempted in spite of the lobbying campaign.

A separate statewide transparency bill is still awaiting Kathy Hochul’s signature after it passed the State Assembly and Senate back in June. Both are considered ‘game changer[s]” for workers and have been lauded for the effort to address gender pay gap across various industries. They join a growing list of states that includes Washington, Maryland, and California who have all passed similar legislation aimed at the issue, which also disproportionately affects women of color and is seen as one of the g...

Supreme Court rules that building codes cannot be copyrighted

2020-04-28T17:40:00-04:00

In a split decision with wide-ranging implications, the United States Supreme Court has ruled that states are not allowed to copyright their building codes or the annotations that provide guidance for those regulations.

The New York Times reports that the 5-4 ruling, transcended the typical liberal-conservative split of the court in articulating a broader reading of existing judicial guidance establishing that laws and legislative work cannot be copyrighted.

The decision could help make these codes more widely available for users, including architects, and might help advance the proliferation of design assistance services that use automated processes to plug building codes into Building Information Models and other design review software.

In the decision, Chief Justice John G. Roberts Jr., writing for the majority, states, “If everything short of statutes and opinions were copyrightable, then states would be free to offer a whole range of premium legal works for those who can affo...

National Trust for Historic Preservation names new CEO

2019-06-24T19:51:00-04:00

The National Trust for Historic Preservation has named preservation lawyer and National Trust chief legal officer Paul Edmondson as its new CEO.

In a statement announcing Edmondson's selection, Timothy Whalen, chair of the National Trust Board of Trustees, writes, "Through the search, the Trust’s Board identified Paul as the person who, owing to his experience, his lifelong commitment to preservation, and his integrity, is perfectly suited to lead the National Trust. The Board embraces him with great enthusiasm and complete unanimity."

Edmondson's experience with the National Trust includes fighting to strengthen the enforcement and interpretation of preservation law, including a campaign to remove a large power transmission line from the James River near Jamestown, Virginia. Edmondson has also advocated for protecting archeological and cultural resources on public lands, like those located at the Bears Ears National Monument. Over the years, Edmondson has worked to improve the Nat...

Frank Gehry granted five-year restraining order against harasser who sent death threats

2019-01-14T19:54:00-05:00

An attorney for [Gehry] was in court on Friday where a judge granted the restraining order. The man — who The Blast has chosen not to identify — has been ordered to stay at least 100 yards away from Gehry [and his wife Berta] for the next five years...Gehry claimed the man has traveled to his Los Angeles office multiple times and inquired about employment. The visits from the man morphed into more aggressive forms of communication, including multiple death threats against Gehry sent by email.

Gehry's office has been contacted for a request for comment.

It's now illegal to ask job applicants for salary history in NYC and California. Is it legal where you live?

2018-01-03T12:00:00-05:00

Thanks to recent legislation, architecture job seekers in competitive markets like Los Angeles and New York City won't have to worry, for the most part, about the dreaded salary history question when applying for a job.

In an ongoing trend, states and cities across the U.S. are passing laws that prohibit employers from asking potential new hires about their salary history. Advocates of banning salary history inquiries argue that such laws will help foster pay equity.

California is the latest state to enforce a ban. The law, which went into effect January 1, makes it illegal for public and private employers to inquire about salary history from their job applicants. It also requires employers to disclose a salary range of the position they are hiring for, should the applicant request it.

New York City's salary history ban went into effect on October 31, 2017. Public and private employers in the city cannot ask about an applicant's salary history during the hiring process, including in...

Trump administration to waive environmental rules and other laws to expedite border wall construction

2017-08-02T18:04:00-04:00

The Trump administration said Tuesday that it will waive environmental reviews and other laws to replace a stretch of border wall in San Diego, moving to make good on one of the president’s signature campaign pledges. Critics including the Center for Biological Diversity criticized the move as overreach and a threat to the environment.

"Last week, the House of Representatives approved the administration’s request for $1.6 billion to start building Trump’s border wall," PBS NewsHour reports, "which would include replacing 14 miles (22 kilometers) in San Diego covered by the latest waiver and building 60 miles (96 kilometers) of new barriers in Texas’ Rio Grande Valley."

And the Rio Grande stretch, as we all know, will require some (costly) construction magic.

When is architecture protected by intellectual property rights? This redditor wants to find out

2017-05-08T12:41:00-04:00

Over on the /r/legaladvice thread on Reddit, user StrangeHomeBuilder asked for some help with a question about intellectual property rights and architecture. Basically, the redditor’s house burnt down due to an electrical fire, which also destroyed all their personal belongings. They had bought the house, which is in “cookie cutter suburbia in California”, brand new, did a few semi-custom adjustments, and “actually had a great time with the home builder.”

After the fire, the homeowner reached out to the homebuilder to see about acquiring the original blueprints for the home or, at least, for the model. They also wanted to see if the original homebuilder would rebuild it for them. Eventually, the homebuilders responded saying they weren’t set up to rebuild and also couldn’t provide blueprints since they were their intellectual property.

The homeowner then went ahead with a “local reputable homebuilder”, attempting to recreate the original home through a combination of cell phone and Fa...

Jean Nouvel's court battle over the Philharmonie continues

2016-12-09T14:33:00-05:00

Taking the view that the owner of the Philharmonie had modified and thus defiled his architectural work, Jean Nouvel had sued ... asking the court to order the owner to perform all works necessary for the restoration of his work so as to comply with the architectural plans he had initially drawn. [...] The case at hand renews the debate on the difficulties of granting remedies which constitute an acceptable way to balance the proprietor's rights and the moral rights of architects.

Get caught up on Nouvel's dispute with the Philharmonie:

Senator Tim Kaine weighs in on the future of U.S. affordable housing

2016-08-15T18:57:00-04:00

Democratic [VP] candidate Senator Tim Kaine drew a bright line on Friday between Hillary Clinton and Donald Trump on a subject important to pretty much every voter: housing. While Americans say that housing is as important an issue as other priorities, so far the subject hasn’t come up much during the campaign. That just changed....His editorial outlines the ways that a Clinton administration would work to make housing fairer and more affordable.

A closer look at Sen. Tim Kaine's opinion editorial, wherein he briefly outlines the Clinton administration's plans on fairer housing laws.

North Carolina loses AIA conference due to anti-LGBT HB2 bill passage

2016-05-04T13:51:00-04:00

Wilmington officials say the cancellation of an architect business conference due to HB2 will cost the city nearly $1 million. The American Institute of Architects (AIA) announced Monday it will nix its three-day conference scheduled for later this fall at the Wilmington Convention Center. AIA officials cited the passage of HB2 as the reason for the cancellation.

Being a bigot isn't just ridiculous—it's costly! Supposedly pro-business Republican senators in North Carolina have managed to drive away Bruce Springsteen, Pearl Jam, and now the AIA thanks to their passage of HB2, which Towelroad describes as a bill that "bans all local LGBT rights ordinances in the state" while introducing "some of the most draconian anti-trans 'bathroom regulations' in the U.S." Talk about pissing it all away...

For more on the fight for equality:

As housing crisis persists, L.A.'s "bootlegged apartments" get one step closer to legal

2016-04-21T12:58:00-04:00

Under the new law, the city would be able to relax some of the rules that often stop such [bootlegged] apartments from being legalized, allowing more density and loosening parking requirements. In return, landlords who seek to legalize bootlegged units will have to provide some affordable apartments at those buildings — and guarantee that they remain affordable for at least 55 years, under a legal covenant documented with the county recorder.

Related on Archinect:

Should architecture strive for originality? Can it ever achieve it?

2015-11-23T20:03:00-05:00

...the [Architectural Works Copyright Protection Act] is a [comparatively] recent development. Architecture shares certain myths with art that influence its commercial value, such as that of the singular author and singular work, but these are also relatively recent: Renaissance architects believed the peak of civilisation existed in antiquity, and so imitated ancient ruins. The commercial and social value of “new” and “novel” and even “original” are, arguably, products of modernity.

Woman's dream tiny home clashes with Canadian law

2015-08-28T18:43:00-04:00

Cheryl Smith planned to move "off the grid" and into a small house near Clark's Harbour, N.S., a year ago. But thanks to Canadian building regulations, the four-by-six metre structure remains half-built and empty. [...] Canadian laws require living spaces to have access to power to run smoke detectors and air exchange systems. But Smith said the point of moving into her tiny home was to disconnect from the power grid.

Uber faces suspension and $7.3M fine in California

2015-07-16T13:07:00-04:00

an administrative judge recommended that the ride-sharing giant be fined $7.3 million and be suspended from operating in California. [...] Uber has not complied with state laws designed to ensure that drivers are doling out rides fairly to all passengers, regardless of where they live or who they are.

According to the Los Angeles Times, the crux of this decision comes not from questions of the ride-sharing app's legality in general, but its ethical practices in actual transit. In 2013, "ride-hailing firms" were made legal in California, with the requirement that companies like Uber provide data about a ride's fairness, that services are provided "regardless of where they live or who they are". The judge's ruling states that Uber hasn't been providing the necessary data, including "the number of requests for rides from people with service animals or wheelchairs; how many such rides were completed; and other ride-logging information".

Uber will appeal, and the $7.3M fine and suspension can't be instated until that process is over. The company asserts its position of not having to hand over any additional data.

Worldwide, Uber in particular has courted controversy, inciting riots in Paris recently. But the home-state ruling for the company could hit harder.

More Uber news:

Two Uber exec...

French parliament orders new buildings to switch to green rooftops

2015-03-25T17:29:00-04:00

Paris wants to consume 25% less energy and emit 25% less emissions by 2020. Paris is also the site of this year’s major United Nations conference on climate change. While France currently gets about 80% of its electricity from nuclear energy, and has lagged behind other European countries like Germany and Denmark in developing green technologies, it certainly seems to have some momentum headed into the important November conference.

It's not literally every single building in France. The approved law only requires the rooftops of new buildings in commercial areas to be fully or partially covered with either solar panels or plants.

Senator proposes mandatory helmets for California cyclists

2015-02-13T12:56:00-05:00

Sen. Carol Liu on Wednesday announced a bill, SB 192, that will require bicycle riders to wear helmets or face a $25 fine. “Any responsible bicycle rider should wear a helmet,” Liu said ... “This law will help protect more people and make sure all riders benefit from the head protection that a helmet provides.”

California law currently requires anyone under 18 to wear a helmet when riding a bike, nonmotorized scooter, skateboard, or wearing in-line or roller skates. Liu's SB 192 bill would extend this provision to everyone, not just minors, and also require cyclists to wear reflective clothing at night – requirements that no other state has adopted.

It might seem like wearing a helmet is the first-move for safe cycling, but Dan Snyder, head of the California Bicycle Coalition, disagrees: as quoted in the Sacramento Bee, “We know that the most important thing to protect people who ride bikes is to get more people out there riding bikes. Forcing people to wear crash helmets when they ride is counter productive to that goal.” This is the same reasoning behind ”Critical Mass": organized cycling tours that flood city streets with so many cyclists as to force car traffic into submission. Safety, for cyclists, is in numbers.

In countries with a hefty number of cyclists, where infrastructural adapta...

Honolulu Law Criminalizes Homelessness

2014-10-15T16:37:00-04:00

On Sept. 16, Honolulu Mayor Kirk Caldwell signed three bills that make it a misdemeanor (punishable by up to 30 days in jail and a maximum $1,000 fine) to sit or lie on sidewalks in the bustling tourist district of Waikiki and outlaw relieving oneself in public islandwide. Homeless advocates say the new laws unfairly target Hawaii’s most vulnerable residents, especially since Waikiki has only one 24-hour public restroom in the crowded district.

In a 2014 report, Hawaii was ranked as the state with highest population of homeless residents, who provoke the ire of local businesses. Some opponents of the new law claim it breaks the traditional "law of the splintered paddle," introduced by King Kamehameha circa 1797. The law states: “Let every elderly person, woman and child lie by the roadside in safety."

This is just a recent example of a growing trend of criminalizing homelessness in the US. For more information about such laws, as well as design solutions intended to circumvent them, read our coverage here. For design innovations particularly oriented around the lack of public bathroom facilities, click here.

Architects can now be held liable for building defects, rules California Supreme Court

2014-08-21T19:23:00-04:00

California’s Supreme Court has ruled unanimously that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. [...] The decision held that even though, on most projects, the developer has the final say on design choices, the architect can’t escape liability to the end user. This decision is likely to give homeowners associations another target in defect cases.

The Architecture Of Abortion: How Providers Build Their Own Buffer Zones

2014-07-03T13:19:00-04:00

If women can’t always rely on legislation to support their cause, could they rely on architects? [...] Brown says it’s time for the design community to take a stand on women’s reproductive rights. “Architects have to become more politically engaged in our built environment.” To that end, Brown is helping organize a design competition that will rethink a privacy fence for Mississippi’s only abortion clinic.

Previously:

Debating abortion rights and free speech on the sidewalk

2014-06-26T12:39:00-04:00

The Supreme Court on Thursday unanimously struck down a Massachusetts law that barred protests near abortion clinics. The law, enacted in 2007, created 35-foot buffer zones around entrances to abortion clinics. State officials said the law was a response to a history of harassment and violence at abortion clinics in Massachusetts, including a shooting rampage at two facilities in 1994. The law was challenged on First Amendment grounds by opponents of abortion

Massachusett's 35-foot buffer zone was initially enacted as a defensive mechanism, responding to a history of harassments and violence around clinics' entrances. The law had previously barred anyone from entering a fixed buffer zone around entrances to reproductive health care facilities (excepting those simply passing through, clinic employees, or those intentionally going in and out of the building). Plaintiffs in the recent Supreme Court case effectively argued that those exceptions were biased towards supporters of abortion rights.

More on the architecture of abortion clinics.

In Los Angeles, walking illegally is more than twice as expensive as parking illegally

2013-12-27T14:00:00-05:00

The city of Los Angeles is cracking down on pedestrians who sneak across streets when the traffic signal says “don’t walk.” But when you put a price on bad behavior, like being in a public street illegally, you see clearly what a city values. The cheapest parking ticket in Los Angeles (pdf) is $58, and the one most commonly issued for parking in a prohibited zone is $73. Jaywalking—the term of art for a pedestrian crossing against the light—will cost you $197.

Sex box - the newest architectural typology?

2013-08-19T11:59:00-04:00

They look like shelters for hikers in a national park, but these wooden sheds in Switzerland have a rather less innocent purpose – they provide a discreet location for men to have sex with prostitutes.

In an attempt to "regulate prostitution, combat pimping and improve security for sex workers", Zurich has opened nine "sex boxes" in the former industrial zone of Zurich. The boxes are accessed by drivers following signed routes, where customers will find up to 40 prostitutes waiting to offer their services.

The boxes prominently display posters advocating safe sex, and provide alarms for the prostitutes to trigger if they feel threatened.

Design Law & Charity

2013-02-15T18:53:00-05:00

A few weeks ago we reported that the USPTO granted trademark protection to Apple for aspects of its retail store designs (Reg. No. 4277914 & 4277913).

Image above, Reg. No. 4277913 (claiming color)
Image below, Reg. No. 4277914 (not claiming color)

While most architectural works don’t have the notoriety and consumer association necessary to obtain federal trademark protection, architects have long relied on copyright and design patents to protect their creations. Since 1990 when “architectural works” were first incorporated into our federal copyright regime, much has been written about its use and impact. Yet few architects have stopped to consider the role of design patents.

But design patents aren’t new. Architects in the US have relied on them for over a century to protect new, original, and ornamental designs for any article of manufacture. For example, Frank Lloyd Wright was granted numerous design patents on everything from chairs to desk and home designs.

Design ...

Wright Masterwork Is Seen in a New Light: A Fight for Its Life

2012-10-03T11:34:00-04:00

It’s hard to say which is more startling. That a developer in Phoenix could threaten...to knock down a 1952 house designed by Frank Lloyd Wright. Or that the house has until now slipped under the radar, escaping the attention of most architectural historians...a spiral home for his son David.

Lack of Detail No Reason to Deny Copyright Protection to Architectural Works

2012-08-22T14:40:00-04:00

There is no requirement that architectural drawings contain sufficient detail to support actual construction in order to warrant copyright protection under Section 102(a)(5) of the Copyright Act, the U.S. Court of Appeals for the Second Circuit held Aug. 15 (Scholz Design v. Sard Custom Homes LLC, 2d Cir., No. 11-3298, 8/15/12).

In a recent legal case issued by architecture firm Scholz Design Co., against builder Sard Custom Homes, it was confirmed that “Copyright protection of a pictorial work, whether depicting a house, or a flower, or a donkey, or an abstract design, does not depend on any degree of detail.”

Initially, however, in a lower court, the judge decided in favor of Sard Custom Homes, the defendant, claiming the stolen designs were taken from drawings with insufficient detail. When Scholz Design appealed, a higher court dismissed the initial decision, in favor of the plaintiff.

Good news for architects!