Aspiring architects beware: The rules dictating how you communicate your professional aspirations and expertise are more strict than you may think. With constant state-level enforcement of architectural licensure standards a fact of life for designers, it may be wise to review a few of the laws of the land as they relate to terminology for unlicensed designers.
A case in point: Did you know that if you are unlicensed and refer to yourself as an “architectural designer” online or in print, you could be in violation of the law in some states? That could be the case, for example, in California, where § 5536 of Article 3, Chapter 3, Division 3 of the California Business and Professions Code, Architects Practice Act reads:
It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both fine and imprisonment to advertise or put out any sign, card, or other device that might indicate to the public that he or she is an architect, that he or she is qualified to engage in the practice of architecture, or that he or she is an architectural designer.”
That’s not all, however. Idris Ahmed, an Enforcement Analyst with the Enforcement Unit at the California Architects Board (CAB) tells Archinect, “§5536 prohibits an unlicensed person from using ‘architectural designer’ or even ‘architecture student’ or ‘architectural intern.’” Ahmed continues, “Further it would also prohibit indicating under areas of specialty that a person specializes in ‘architecture’ or any variation of the word ‘architect.’”
Ahmed added further, “An unlicensed person is free to say that he or she has a degree in architecture if that is a factual statement.”
For those of you thinking that American Institute of Architects-approved terms like “architectural associate” or “design professional” are fine to use, be warned: They almost certainly are not. Ahmed explains, “California law defines a ‘design professional’ as someone that is a registered professional engineer, or licensed as a land surveyor or architect.”
“The only title that an unlicensed individual could use would be ‘designer,’” according to Ahmed.
(See this article from the National Council of Architectural Registration Boards for a deeper dive into the debate over titles and terminologies for unlicensed workers)
CAB is an entity that sets policy for “21,000 licensed architects and approximately 10,000 candidates who are in the process of meeting examination and licensure requirements” in the state, according to the CAB website.
The entity also regularly patrols cyberspace for unlicensed individuals and companies offering (or appearing as if they might offer) architectural services illegally, along with some of the other extensive enforcement efforts it undertakes. Enforcement measures include checking professional profiles, social media, websites, and other forms of business communications, including business cards and stationary, to ensure that there is no question who is and who is not licensed to practice architecture in the state.
As architects are tasked with ensuring that their buildings preserve the life and safety of the inhabitants that use them, it's a matter entities like CAB take extremely seriously. “California is one of the more restrictive states in how it protects the use of the term ‘architect,’” Ahmed writes.
In addition to sussing out these unsanctioned practitioners, according to CAB, the entity is “responsible for receiving and screening complaints against licensees” from the public, as well as “performing some of the investigation into these complaints,” according to the CAB website.
CAB does not publish statistics on how many low-level enforcement measures are taken each year, but it does publish an “Enforcement Actions” list meant to share with the public the names of individuals it has formally sanctioned or barred from practice in the state (The National Architecture Accreditation Board keeps its own “Disciplinary Actions” list, as well).
CAB is constantly enforcing its mandate, so we suggest taking a moment to review your Archinect profile (and all of your other public facing professional communications) to ensure that how you present your skill sets matches up with what is allowed in your state. Based on advice from Ahmed, a few tips include:
It is not uncommon to have fines or other professional and legal repercussions take shape as a result of violating state licensure standards. To avoid this possibility look into your state's rules describing how you can and cannot describe your skills and working abilities. NCARB maintains a handy state-by-state directory of local architecture boards that can help lead you to the appropriate resources.
when i was a student i started a company doing architectural illustrations and model making with 2 friends. We got a letter from a lawyer almost immediately saying we had to take out the architecture reference. It was a weird wake up call for all of us.
As a legal apparatus I understand the point of view, more or less. Still, it becomes really odd when people are complaining that Renzo Piano should not be called an architect except in his home jurisdiction (happened in the UK not that long ago). What a strange thing. What do we call him? Designer seems a bit silly. He architected the heck out of the Shard and a few other buildings around the world. Designer sounds like he is going to come up with a cool poster or something...
...and isn't Bjarke also not allowed to call himself an architect or something like that? So strange.
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Perhaps they should apply this same scrutiny to all of the so-called software "architects", IT "architects", etc. The use of the term "architect" and "architecture" is freely used, abused, and associated with IT and software development. It is highly inappropriate and devalues the real meaning of "Architect".
Not going to happen.
Correction: You can use the title "building designer" in California as well as "Certified Professional Building Designer" but you can't call yourself a "registered building designer" or "licensed building designer". Registered Building Designer was a title for an actual license that once existed but use of the words "registered" and "licensed" implies state issued licensure/registration.
As for the term "design professional', that's a slippery slope. Just because there is a term defined in statutory law doesn't mean that it is a protected title and sometimes the state regulatory board is exceeding their judicial and statutorily defined scope. Sorry, CAB, you can't legally protect "design professional" as a licensed title because it is not. It is simply defined in certain statutes to give it a specific meaning and only so they didn't have to list the licensed design professions. However, you are right CAB, that someone can not represent themselves as licensed professionals but certain terms have centuries of meaning. What yourselves before you guys get slapped with a lawsuit before federal courts for violating the 1st, and 14th amendment of the U.S. Constitution. There are plenty of professions that is design oriented that does not involve licensure. That's like saying these design professionals are neither designing or professionals which is complete and such enforcement of the licensing laws is complete utter bullshit.
So now you can't legally be an architecture student in CA? LOL
That would be illegal as that is sliding into a 1st and 14th Amendment violation of the U.S. Constitution. There is limited exceptions where issuing a fine may be justified. A person would have to be using "architecture student" as a title in the process of procuring projects. Like if I were to use such as a title, (if I were to attend a school with an architecture program) to get projects for designing houses. If you are using it as a way to use a title that contains the letters: (a,r,c,h,i,t,e,c,t), then yeah but if you are not using "architecture student" as a title in order to procure projects to design as a business then it shouldn't even be a problem or enforceable under the 14th Amendment of the U.S. Constitution as it would be unjustifiably abridging the freedom of speech and expression in the 1st amendment. The 14th Amendment prohibits unjustifiable abridging of the privileges (which includes the Bill of Rights) in the U.S. Constitution. When you can't say you are an architecture student because you are attending school then that sounds like a 1st amendment violation and the 14th Amendment. Idris Ahmed and the California Architects Board, I highly suggest that you and the board review limitations of adopting and enforcing laws including Federal court rulings and how licensing boards laws and rules may violate the U.S. Constitution's protected rights. Read up on the 1st Amendment and 14th Amendment. Read up on the court cases in various states in the Federal Courts. Just because the case doesn't necessarily involve an architect licensing board does not mean those cases do not create a precedent that does effect architectural licensing boards. There has to be justified reason where the public would be harmed if a student in architecture school refers to himself or herself as an architecture student, before prohibiting them from calling themselves architecture students. What if they wrote an autobiography about themselves and wrote about when they WERE an architecture student in past tense? Are they going to get fined for that? How's the public harmed? Actually, in this case, the CAB would be harming the public and every person who went to architecture school. Harms them at job interviews where they might risk getting a fine by saying that they were an architecture student at ____________ (school/university). I hope the CAB and Idris Ahmed clears this up before a big class action lawsuit takes place before the Federal courts.
It's worse than that in California, I can't hold myself out as an architect, or visit sites officially as an architect, even if I am licensed in other states.
Right. I would call that asinine if you are explicit in indicating you are a "__________ state licensed/registered architect" or something to the correct effect. I think they are being a little too dickish with the protection of the title and certain words that are not even protected titles because they are not titles issued with the license.
My gender pronoun is architect prove me wrong.
architect is one of those titles that doesn't matter if you are male or female. To anyone who cares too much, they can go.....you know the rest.
+++ lmao
hey, at least you can shit on the sidewalk.
as well as being shit on while on the sidewalk.... lol. Those darn white or grey or black feathered bombers.
Had a few close calls from those f---ers.
Okay, it seems that the term "design professional" has been co-opted to apply only to the practice of architecture here. The practice of design can apply to many different fields of endeavour: graphic, industrial, engineering, exhibit, fashion, packaging, etc. Nor is it limited to visual or physical things; one can design an educational syllabus or political campaign.
In the words of the late Victor Papenek, "Design is the conscious effort to impose a meaningful order.
This is getting unbelievably messy. Especially given the fact they allow other industries to co-opt the term architect with no legal consequence. I've settled on building and design consultant for work I pursue independently that does not require a license... But who knows if that's even adequate for some states anymore. Meanwhile, you have expeditors in LA - many of whom have no formal education in architecture - running around all the city agencies to sign off on projects. : /
when i was a student i started a company doing architectural illustrations and model making with 2 friends. We got a letter from a lawyer almost immediately saying we had to take out the architecture reference. It was a weird wake up call for all of us.
As a legal apparatus I understand the point of view, more or less. Still, it becomes really odd when people are complaining that Renzo Piano should not be called an architect except in his home jurisdiction (happened in the UK not that long ago). What a strange thing. What do we call him? Designer seems a bit silly. He architected the heck out of the Shard and a few other buildings around the world. Designer sounds like he is going to come up with a cool poster or something...
...and isn't Bjarke also not allowed to call himself an architect or something like that? So strange.
preston scott cohen isn't a licensed architect and he ran a fucking architecture department for nigh unto a decade. i suspect that these legal nastygrams are reserved exclusively for young professionals with little social / financial capital, hoping they'll comply without realizing that the lawyers demand has no teeth.
This might make sense if the education was useful and you were accredited the title upon completion. But to deny anyone working in architecture - or even studying it - the use of the term is absurd.
There are many unlicensed people with lifetimes of experience who are the foundation of architectural firms. And on the other side there are waaaay too many licensed incompetent hacks out there doing absolute shit work. The establishment doesn’t care as long as you have the correct piece of paper and pay the dues on time, which in the end is what this is all about. Especially as municipalities specifically charged with oversight are completely exempt from responsibility.
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