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Designing a plan set without a degree

epozniak23

My name is Eric. I attended ITT-Tech for 2 years working towards a drafting and design degree. I took classes on AutoCad, Revitt, AutoCad Civil and 3D max. Unfortunately about 2 months before I completed my drafting and design degree I was informed that ITT was closing down. However,  about a year into working towards my degree I was able to obtain a job through the career services department designing floor systems for 2 story residential homes as well as some commercial projects. I have been at this job for almost 6 years now. During this 6 year period I did end up getting a Bachelors Degree in Project Management. All this being said, my real question is if I am legally allowed to start my own “side business” designing floor plans or plan sets for customers. I know I am not a licensed Architect but any response or advice would be greatly appreciated. 

 
Jun 22, 21 11:03 pm
midlander

in most states you would be allowed to design "exempt" buildings, typically single family residences below a certain size. you should check the architecture practice law in your own state to verify.


or wait an hour and this forum's unlicensed attorney will chime in with ten pages of amateur legal advice :)

Jun 23, 21 12:49 am  · 
14  · 
tduds

You called it.

Jun 23, 21 12:43 pm  · 
2  · 
RJ87

I don't know where he finds the time

Jun 23, 21 2:11 pm  · 
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This just gets better and better

Jun 23, 21 3:16 pm  · 
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rcz1001

No, it isn't 10 pages yet on legal advice.

Jun 23, 21 3:17 pm  · 
1  · 
tduds

Rickipedia strikes again!

Jun 23, 21 4:24 pm  · 
1  · 
rcz1001

midlander, you said it fairly well but I would further add to check the laws of the states you plan to design buildings in to determine what kinds of projects are exempt from requiring an architectural license to design.

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To epozniak23: 

Do note: IN ALL 50 STATES, YOU MAY NOT USE THE ARCHITECT TITLE OR REFER TO YOUR SERVICES AS ARCHITECTURAL SERVICES UNLESS YOU ARE LICENSED AS AN ARCHITECT.

In the U.S., architectural licensing is issued by each respective state. Licensure in one state is not the same as being licensed in another state. Each state may or may not have exemption to the laws. Most of them, currently, exempts single family dwellings but there may be some kind of size rule or some other sort of limitation in the exemption. Some states exempts various types of buildings within some limit on the scope of the exemption. These limits are largely about protecting public health, safety, and welfare although there are a degree of politics involved and 'turf war' conflicts between licensed and unlicensed folks and so forth. 

HOWEVER, if you work for the federal government designing buildings and structures on federal land of exclusive federal jurisdiction, you are not subject to any state's laws as far as practicing architectural services for the federal government or use of architect title with the federal government as your employer/client. This is a situation where it doesn't matter what the state's laws say. However, you can not offer architectural services or use the architect title with regards to projects and the public outside the context of federal land and the federal government. Likewise, I can offer and provide architectural services in some countries and use the architect title in connection with offering services exclusive to those countries and projects located in those countries however, I can not offer that in Oregon, for example unless I am licensed in Oregon. 

The short answer is, yes you can establish a business that provides building design services or residential design services (if it is more exclusive to designing houses). I can not give a more precise answer to your question without knowing what state or states you are located in. You may consider in your business adjacent states. Think about the geographic range in which you want to offer services that is within practical reach for you to provide services, go to project sites, and so forth. 

In my experience, designing projects for clients is largely a daytime business or will require daytime hours to meet with clients. While you may do your drafting/CAD work and modeling at whatever hours of your choosing, meeting with clients are likely to be during the day or weekends especially residential clients. Most clients won't be too receptive to meeting with their building designer late at night when they are sleeping. Your clients may be working folks with a job and you need to consider their working hours and availability. In my experience, where I am, clients will often meet on weekends or during the daytime hours. It depends on whom your clients are. 


Jun 23, 21 4:09 am  · 
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rcz1001

One thing to be careful about when starting or running your own side business is whether or not your employer is receptive of you doing starting and running your own business. They may fire or terminate your employment with them. It is not a matter of you doing something illegal. Sadly, there isn't much you can do about stopping or reversing being fired. It's not something that you can successfully claim wrongful termination. Some employers just don't like their employees starting their own business and being competitors while also being employed.

Jun 23, 21 4:14 am  · 
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epozniak23

Thank you for the responses, everyone. I live in Texas although I am within a reasonable driving distance to the Oklahoma border. If I were to go through with the idea I would get permission from my employer, as their might be a conflict of interest like some pointed out. And yes, I would be sure and make it understood to any customer that I am not a licensed Architect and that in some cases any designs may need to be stamped and approved by a licensed Architect. 
That is a very good point about meeting with customers during business hours. I suppose I was not thinking through that aspect of it thoroughly enough. I did think it may be possible to do meetings over zoom or something similar. Face to face meetings and visiting the actual site, however, would probably be preferred by most customers. 


As I am very familiar with reading and working with plan sets every day as well as some design background I thought it may be a reasonable way to make some side income. I suppose I have some research and planning to go through before seriously considering this. Thanks again for the responses you were very helpful!



Jun 23, 21 9:48 am  · 
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rcz1001

In regards to Texas, E_A is right about Texas's TBAE being notorious for going after people who violates the architect law. However, in Texas, you can call yourself a residential designer or building designer. That does not violate the law. Just don't use titles like 'architectural designer' or 'architect' or similar altered spellings of those titles. Also, don't call your services 'architectural services'. Instead, use terms like residential design services or building design services. 

This will help you avoid being fined but you must limit your services to projects that are exempt and must evaluate the client's proposed project as to whether or not the project is exempt or one that requires an architect. If it requires an architect, DON'T ACCEPT TO DO THE PROJECT without having an architect onboard from the beginning.... meaning before any contract is signed. Word of advice, ALWAYS USE A WRITTEN CONTRACT REQUIRING SIGNATURES. You can hear the prospective client out but you don't want to do their project until you either have an architect onboard willing to direct and supervise the preparation of the plans or determine that the project is exempt.

Jun 23, 21 1:23 pm  · 
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rcz1001

Review this chart published by TBAE: https://www.tbae.texas.gov/Content/documents/LawsEnforcement/ArchRequiredFlowChart.pdf

Jun 23, 21 1:24 pm  · 
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rcz1001

For more information from the TBAE: https://www.tbae.texas.gov/

Jun 23, 21 1:26 pm  · 
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rcz1001

Pertinent statutes of Texas Statutory law:

https://statutes.capitol.texas...

Sec. 1051.606. ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE ARCHITECTS. (a) This chapter does not apply to a person who does not represent that the person is an architect or architectural designer, or use another business or professional title that uses a form of the word "architect," and who:

 (1) engages in or is employed in the practice of architecture solely as an officer or employee of the United States; 

(2) is a legally qualified architect residing in another state or country who: (A) does not open or maintain an office in this state; and (B) complies with the requirements of Subsection (b); 

(3) prepares architectural plans and specifications for or observes or supervises the alteration of a building, unless the alteration involves a substantial structural or exitway change to the building; or 

(4) prepares the architectural plans and specifications for or observes or supervises the construction, enlargement, or alteration of a privately owned building that is: 

(A) a building used primarily for: (i) farm, ranch, or agricultural purposes; or (ii) storage of raw agricultural commodities; 

(B) a single-family or dual-family dwelling or a building or appurtenance associated with the dwelling; 

(C) a multifamily dwelling not exceeding a height of two stories and not exceeding 16 units per building; 

 (D) a commercial building that does not exceed a height of two stories or a square footage of 20,000 square feet; or 

(E) a warehouse that has limited public access. 

(b) A person described by Subsection (a)(2) who agrees to perform or represents that the person is able to perform a professional service involved in the practice of architecture may perform an architectural service in this state only if, in performing the service, the person: 

(1) employs an architect who is a resident of this state as a consultant; or 

(2) acts as a consultant of an architect in this state.

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Periodically, keep a eyes attentive to any changes or proposed changes to these laws as that effects your business and livelihood when you are unlicensed.

Jun 23, 21 1:30 pm  · 
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rcz1001

If you wish to continue as an unlicensed designer and not become a licensed architect, I would recommend you consider building designer certification from the AIBD. Link: https://ncbdc.com/become-certified/

There are other credentials and certifications to also consider getting.


Jun 23, 21 1:36 pm  · 
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rcz1001

Oklahoma also has an interesting scope of exemptions which you can do for projects in Oklahoma but can't legally do for projects in Texas.

Jun 23, 21 1:38 pm  · 
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rcz1001

https://www.ok.gov/Architects/documents/Final%20Act%20November%202019.pdf ---- Go to page 18 of the pdf, read Section 46.21b especially at subsection C. The following shall be exempt from the provisions of the State Architectural and Registered Interior Designers Act, provided that, for the purposes of this subsection, a basement is not to be counted as a story for the purpose of counting stories of a building for height regulations:

Jun 23, 21 1:45 pm  · 
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rcz1001

This maybe a more human readable chart for you: https://okbdc.org/wp-content/uploads/2019/08/Non-Exempt-Exempt-Comparison-Chart-2.pdf

but.....

cross reference with the actual statutes of Oklahoma because they can change by any state legislative act for accuracy of information. The actual statutes like found at the Oklahoma architectural licensing board trumps third-party sources. 


Jun 23, 21 1:46 pm  · 
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rcz1001

Yes, you can meet with clients over Zoom or something similar but you may need to go to project sites. Not all clients are receptive of using Zoom or similar means and after the pandemic, some percentage of the population may revert back to meeting in person and only putting up with using Zoom or other similar tools during the pandemic but is not wanting to continue doing that afterwards. Keep that in mind. 

However, if your project involves remodeling an existing house (or other buildings) and they want to make additions or changes, you are going to need to document the existing as-is... preparing As-is drawings (not to be confused with As-builts as As-is drawings are documenting what is at the current not at the completion of a building when it was originally built. Most likely, if the home has been around and changed ownership over the history of the building, the client isn't going to have the drawings because the original owners kept them when they left or something like that. People tend to keep the drawings like heirlooms or something and there is no law requiring the plans to stay with the building. It's unfortunate that is the case that you'll find when dealing with existing buildings. 

You need to accurately do this work before you start drawing plans for the changes. This needs to be communicated with your client of the process. Even if clients hand you hand-sketched drawings with their measurements, don't rely on it unless they are architectural / building design professionals even then, you should rely on your own measurements and exercise a proper process of documenting. 

I would apply measuring techniques for documenting existing As-is as I would historic buildings using methods of measuring and documenting based on HABS drawings. You want to be consistent with how you measure and document what the rooms are and so forth. 

At the same time, I would be doing an adaption of historic structures reports (HSRs) preparation for non-historic existing buildings. Why? You'll be needing to assess existing conditions that needs to be addressed especially if you are going to make an addition because that will determine your method. Will the addition be independently supported or will it be tied into a beam or structural member of the building? If the latter, what is the condition of those structural members?

As you may notice, this stuff gets quite complex and involved. It's not something necessarily for the faint of heart. There is also consideration on what you need to charge clients. As a business, you need to charge more than your labor rate as an employee. You need to make profit as well in order to grow the business at some point and not just a cheap gig. Sooner or later, you are not going to be working as an employee and running a building design business. You're going to choose one or the other at some point.

Jun 23, 21 2:08 pm  · 
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rcz1001

Doing projects for clients and working a full-time job will eventually be taxing you physically and mentally considering you're effectively be working overtime all the time. If you're building design business gets busy, it's going to be easily 40-60 or so hours a week (sometimes more) and to have also a 40(+) hour a week job... you're talking 80 to over 120 hours a week. As a business, you need to make sure you are getting paid fairly and stand your ground on fees. There can be room for negotiation but you need to be firm to stand your ground on the bottom line that you are willing to go with any given scope of work. Any less will be resulting in reduction of scope of work. You need to not bend over backwards to every whim of a client. The idea that "customer is always right" is bullshit that will get you in trouble. Don't go by that. It's just tactics clients may try to do to beat you down so they are screwing you over while getting their way in order to cut cost. It's a scheme so the client can pocket more of the bank lended money for something else. In the real world, people are not altruists and have their own agendas. They are not evil but they are not saints or angels, either. If there is an impasse then you respectfully decline the project.

Jun 23, 21 2:22 pm  · 
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rcz1001

A thing to consider, when you establish your own business, you will be professionally liable (unlimited personal liability) to any negligence, errors & omissions you make. NO BUSINESS TYPE protects you from liability from your own negligence, errors, omissions, malpractice, and so forth. Limited liability provisions of LLCs, LLPs, Corporations have a gaping hole in it because those provisions are not meant to shield a person from being responsible and accountable for their own negligence and malpractice. Therefore, you may need to have professional liability insurance. In order to get it, some insurance company is going to require you to have a license or a professional certification (such as the CPBD certification from the AIBD's National Council of Building Designer Certification). There are professional liability insurance vendors that recognizes this certification. Consider it. While you are poor and a no name, the chances that you will be sued may be small but there is no guarantee that you won't be sued.

Jun 23, 21 2:32 pm  · 
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rcz1001

In setting up your own business in building design, you will want to make sure you work from your own location and equipment (computer, printer, plotter, etc.) separate from that of your employer. Using their equipment (and software) can entangle them into the lawsuit. You don't want to even mention your employer to your prospective client. You also should not get clients that are clients of your employer. The mentions reasons in the preceding sentences are reasons you would be fired from an employer as that has happened to others.

Jun 23, 21 2:38 pm  · 
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SneakyPete

never use one word when 100 will do.

Jun 23, 21 2:45 pm  · 
1  · 
rcz1001

SneakyPete, I know you seen this kind of information before. The original poster (OP) hasn't and I am making sure there is some information addressing various issues brought up by the OP. There is a lot a person needs to know when starting a building design business just as there is for setting up an architectural firm. There are multiple mosts made to cover some basic fundamental stuff. In addition, I provide information for the OP that would be pertinent to the OP doing work in Texas and Oklahoma.

Jun 23, 21 3:03 pm  · 
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Texas is somewhat notorious for going after people for violations. See any of their newsletters and the disciplinary actions portion: https://www.tbae.texas.gov/Con...

Jun 23, 21 12:53 pm  · 
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RJ87

I wonder how much them actually going after people cuts down on violations. On business cards & linkedin profiles alone there are a ton of people they would have to spend time going after for using NCARB or AIA when they're unlicensed. Those CE violations seem particularly silly though.

Jun 23, 21 1:49 pm  · 
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epozniak23

Thanks again everyone for all the responses. @rcz1001 thanks for all the information. That will take me a while to go through. But as you pointed out I may be trying to bite off more than I can chew. I had a picture in my mind of taking on a customer or 2 and designing a plan set in my spare time, nights and weekends, for some extra cash. I think I was obviously a bit delusional and didn't think it out fully enough. I thought at some point I may be able to open a design house but isn't something I am capable of handling right now with a full time job and 2 young children. 

I love Architecture and the design process and actually started at the University of Oklahoma majoring in Architecture. However, due to some things that happened I was forced to leave school and enter the workforce. After about 9 years I was finally able to finish my Bachelors in Project Management. I was lucky I was able to land the job I have now and feel pretty comfortable where I am, although I will admit it doesn't quite fulfill my creative side nor does it really challenge me that often to keep me fully engaged. I have been very hesitant to pursue a career change and dive into Project Management after talking to some people currently in that field. They warned of a heavy work load, long hours and sometimes traveling. Currently my job is 8-5 M-F, no overtime, weekends or traveling in almost 6 years. This has been the main reason for not wanting to leave as it gives me plenty of time to spend with my wife and kids and allows me to attend a majority of their events, sports games, practices, pageants and so forth. However, the money is not great, not bad, but not great, hence the "side job" interest. 

Once again I appreciate everyone who took the time to give a response, it's been very helpful and eye opening as well. I will continue to mull this over and try to figure out if it something I want to pursue. 

Jun 23, 21 5:01 pm  · 
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rcz1001

It is possible that you may be only taking on a client or two but clients can be demanding and want a tight timeline so it could be hard to do work your full-time job and also do the work. It is to let you know that it can be a bit more demanding than you may be estimated so it is so you are not surprised. Clients almost always think you are the only thing..... much like your professors seems to think that their class is the only one you are taking and expecting you to dedicate 40 hours a week. Clients can be that way, too. They also don't have a realistic idea of what it takes. You may recall in architecture school the demand a rigor but remember, you're not just stopping at renderings and schematic level drawings but actually preparing construction documents and properly done drawings are thorough and not rushed.

Jun 23, 21 5:40 pm  · 
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midlander

OP maybe you can do freelance drafting work for some local firms. Small firms especially have variable workloads that often require extra help - good freelance support is much easier for those offices than hiring staff.

Jun 23, 21 6:45 pm  · 
1  · 
rcz1001

Could be good learning experience, too.

Jun 23, 21 8:21 pm  · 
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CadPro83

Long time reader, first time posting.

To answer OP question, yes you can design floor plans for individuals, home builders, etc. without being a licensed Architect. But do you have the experience? Are you familiar with building setbacks? Requirements needed to obtain a building permit, etc.? If not, I'd recommend first working with a company that does residential design to get familiarized with it prior to going solo.

I too got my associates degree in CADD (back in 2003) and have had the privilege to design a couple houses on the side here in Texas. After receiving my associates degree my plan was to return to school to get my Bachelors of Architecture, but came to find out that in Texas it wasn't needed to design single family homes under certain sf and no more than 2-story. Years later now I'm wondering if that was a wise decision or not as many great job opportunities in residential design require a bachelors degree. I was lucky enough to learn the entire process of designing a house and obtaining building permits at my first job, otherwise I'd be lost. I now do production drafting for home builders with an outsourcing company and freelance on the side. Currently undecided what direction to take my career as like you I feel the need to fulfill my creative side.

Jun 25, 21 8:20 pm  · 
1  · 
rcz1001

When you are on your own as a residential/building designer, it really doesn't matter if you have an architectural degree or any degree. Clients don't look for that information, in general. It's assumed that you have the education/knowledge and experience/skills to do the job when you are running your own business. The thing is, you need to follow through and that means having the knowledge and skills to do the work and doing it.

Architectural firms most of the time require a person employed with them to have the B.Arch especially if it's absolutely required to get a license in your state.


Jun 25, 21 8:30 pm  · 
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