• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Designer of plans that seeks a license

Refer to the CALIFORNIA BUILDING CODE-"MATRIX ADOPTION TABLE" which shows the user which state agencies have adopted and/or amended given sections of the model code.

Then you need to know which state agencies have the authority of your project
 
mark handler said:
Refer to the CALIFORNIA BUILDING CODE-"MATRIX ADOPTION TABLE" which shows the user which state agencies have adopted and/or amended given sections of the model code.Then you need to know which state agencies have the authority of your project
I'm looking at it. Why don't they just put this all under one agency and simplify crap... oh wait... I forgot... it's California. Used to live there but been awhile.

Okay..... SFRs?
 
I think I figured out it for the most part.... HCD1 (Housing & Community Development 1) which does adopt R106.1.

SFM also but they adopt the entire chapter with amended sections in the matrix.

I think I am wrapping my head around it. More annoyance than I would like but okay.
 
Last edited by a moderator:
I suggest the reasons why the building code cannot regulate the practice of engineering and architecture applies to most if not all states. Laws adopted by the legislature, in every state, trump regulations, such as building codes, adopted by state agencies or local jurisdictions. Even in states with a strong home rule tradition there are some things that local jurisdictions are not allowed to regulate.

Rick you are grasping at straws.

This points out a general problem with the IBC in that over time a number of provisions have been added to the IBC that arguably regulate the practice of engineering and architecture. ICC does not care and when the building code is adopted such issues are not checked. Just because a provision finds its way into the "adopted" building code does not necessarily mean that it was legally adopted. If the adopting body does not have the authority to regulate something they cannot add the provisions to the building code they adopt.
 
Mark K,

Regulating the exempt domain is not regulating practice of architecture or engineering.

Local jurisdictions via municipal laws can regulate the exempt domain. Like adopting via municipal ordinances that when it comes to projects exempt from architect or engineer's law that they may authorize the building official to require construction documents by certified design professionals and registered design professionals at his/her discretion.

That could possibly be done and merely adapting the example I gave.

Simple as that.

In many states, Municipal / County ordinance (codified law of a municipality or county) can add laws on top of state law but can not lessen state law.

What I am talking about can be implemented by a means that stacks on top of state law but carefully written so that it doesn't add exemptions where it doesn't exist in state law.

That goes back to home rule tradition.
 
Last edited by a moderator:
rktect 1,

Yes.. good grief. I didn't expect to have to elaborate as much.
 
In Oregon' date=' by code definitions, sounds like a non-professional.[/quote']Well... by code definition that would be be not a registered design professional. As for definitions, that's all just a matter of amending code. Oregon does it enough as it is so what difference does it make to tweak and amend code more.

As for those who are certified by a certifying body and those who are not... chances are those who are certified are usually more professional. Sure there are people who aren't certified but are competent but most of them, they would qualify and it would be pretty easy for them.

That's all.
 
No such license exists, you are producing "shop drawings" the same as a cabinet shop. You might qualify for a "C" license but even then "it depends" on the sixe and complexity of the booth subject to an AHJ's acceptance, or not.
How much potential liability do you want to accept?
 
This is how the court will see it.

certified synonyms: accredit, recognize, license, authorize, approve, warrant

Yeah, "Certified Professional Building Designer" is a FEDERAL TRADEMARK.... CERTIFICATION MARK that the American Institute of Building Design holds the trademark and technically the AIBD via their "National Council of Building Designer Certification" licenses (as in trademark license under federal laws) the certification mark to be used by any person. The State law can only apply to a person who indicates they are registered by the state of California. The key important thing: "It is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered or otherwise licensed by the state as a building designer."

Note: "by the state" - That is important. California has absolutely zero jurisdiction over federal laws, federal trademarks and the 'licensing of trademarks' (which includes certification marks). In addition, California state law has no jurisdiction about licenses, registration, or certification under other jurisdiction like other countries. In addition, professional certifications are generally done via private professional entities. However, states and local jurisdictions can adopt laws, rules, regulations, ordinances, etc. that can recognize a certification. They do it all the time with ICC certification, don't they.
 
I disagree with you definition of an Architect.

But, per your definition, I am an Architect. I do have three project "on the boards".

By my definition, and the states I am licensed in, I am an Architect until I give up my license.

Per the internet:

An architect is a person who plans, designs, and oversees the construction of buildings. To practice architecture means to provide services in connection with the design and construction of buildings and the space within the site surrounding the buildings, that have as their principal purpose human occupancy or use.

As you see there is more than"designing" a project.
I remember this.... the word "architect" predates licensing laws. As a matter of fact, the work is derived from the Latin translation of the Greek word "Arkhitekton" which Arkhi- part mean "arch" like in the title 'archbishop'..... as in chief, principal, master and the other part.... "tekton means "builder". The role of architect would mean they design AND build. Therefore, they would be the General Contractor and the Designer of the building and your role and responsibility would and should be in charge of both designing and construction. The arkhitekton would not necessarily do the construction trades themselves on a project but would have learned the trades and crafts broadly and learn how to draw and communicate the design. A true, architect per the meaning of the word originally, would design the building, and coordinate the crafts trade essentially as the general contractor does today. Architects in the Beaux Arts era going into the mid to late 19th century and into the 20th century were divorcing themselves from the construction because there was two types of architects in those days.... the academically trained (never get their hands dirty) "architects" and those that built what they design. They either, outright built it or done some construction work in their career but learned to design. Because of the rift and diverging cultures of the 'architect-academic' and the 'architect-builder' culture..... the academics did everything in their power through their academically trained friends in Congress (often coming from an academic background in law and such) and started adopting architectural licensing laws. In some states, it started as a title law and others a title and practice law. The latter, being a blatant attempt to outlaw 'architect-builders' from designing and building. A sad excuse for concessions were made called exemptions.... effectively, these 'architect-builders' who didn't get in under the grandfathering clause as licensed architects ultimately had to change the title they call themselves into "building designers'. Often, your building designers do come from a more construction background and learn to design/draft/etc. and become building designers. The entire scope and education varies from individual to individual but that can be technically true even for those licensed Architects.

Anyway, here I am kicking that undead horse.
 
In Oregon, by code definitions, sounds like a non-professional.

There's no definition in Chapter 2 of OSSC or ORSC or any Definition section of any of Oregon's specialty codes that defines "non-professional".
 
Top