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Fines for performing architecture without a license

Joined
Oct 19, 2009
Messages
515
Location
Lincoln
A few years ago, I was conducting a national survey regarding the exemption limits for relatively small commercial projects that do not require an architect or engineer. During that time, I was surprised to learn that you don't want to mess with Texas after they started issuing fines of $10,000 to developers who routinely put together a set of plans without employing any design professionals.

Do you know of any other examples within your state that would indicate that your laws are being enforced with either warnings or fines?

While I think $10,000 is a ridiculous amount of money to pay, I am trying to propose a much lower amount to go along with any second and subsequent offense after the building permit applicant has already received written reprimanded for their first offense.

Thank you,

BayPointArchitect

ICC Certified Plan Reviewer

NFPA Certified Fire Plan Examiner
 
In CA Practice Without License or Holding Self Out as Architect; Misdemeanor

(a) 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 that fine and imprisonment, for any person who is not licensed to practice architecture

But in CA, anyone can prepare SFD plans if the structure is done prescriptively.

Life safety and non-prescriptive Structural, must be done by a licensed individual.
 
Mark,

I know that California has this law - but are there any examples that you know of to prove that this law is being enforced?
 
Every time I have submitted something "sketchy" (pun fully intended) to the Professional licensing people in my state, I have gotten absolutely no response.....
 
& ~ &

Dumb question, but if a fine of some type is legally passed & adopted,

...why not have some type of actual enforcement [ i.e. - teeth in the

legislation ]...........It's supposed to be a deterrent, ...right ? :?:

IMO, ...a $100.00 fine is not a deterrent, but more of a joke.

$10,000.00, ...now that is a deterrent !



& ~ &
 
Re: Fines for performing architecture without a license

Here's an excerpt from one of the newsletters.

Disciplinary Actions

(October 23, 2013 through January 29, 2014)

Inquiries are routinely sent to both registrants and non-registrants for alleged violations of the Nevada Revised Statutes (NRS) and Nevada Administrative Codes (NAC).

There were six cases this period that were submitted for board consideration and approved. Additionally, nine cases were closed because there was no basis for the allegations or the complaint did not fall within the board's jurisdiction.

The following cases were closed by means of settlement agreement. As part of the agreement, respondents agreed to assure compliance with Chapter 623. Should the respondent be involved in a subsequent case and found to have again violated a NRS or NAC, the case may be used as an aggravating factor.

Every effort is made to ensure that the following information is correct. Before making any decision based on this information, you should contact the NSBAIDRD.

Holding Oneself Out and Engaging in the Practice of Architecture, Interior Design or Residential Design: NRS 623.360.1(a)(b)©

Case No. 13-025N

The allegations against Philippe Starck were that he held himself out as being qualified to practice architecture and registered interior design by engaging in the practice of architecture and registered interior design for two projects located in Nevada without having a certificate of registration issued by the board. The matter was resolved through a settlement agreement incorporating an administrative penalty of $20,000 plus investigative costs in the amount of $4,075.

Case No. 13-035N

The allegations against John McDonald and Wingstop were that they held themselves out as being qualified to practice architecture and by engaging in the practice of architecture for two projects located in Nevada without having certificates of registration issued by the board. The matter was resolved through a settlement agreement incorporating an administrative penalty of $15,000 and investigative costs of $2,300.

Case No. 13-052N

The allegations against Jill and Marc Abelman and Inside Style were that they held themselves out as being qualified to practice registered interior design and by engaging in the practice of registered interior design for a project located in Nevada without having been issued certificates of registration issued by the board. The matter was resolved through a settlement agreement incorporating an administrative penalty of $7,500 and investigative costs of $1,750.

Case No. 14-005N

The allegations against Branislav Hetzel and Hetzel Design Inc. were that they held themselves out as being qualified to practice architecture in Nevada and engaged in the practice of architecture for a project located in Nevada without having been issued certificates of registration issued by the board. The matter was resolved through a settlement agreement incorporating an administrative penalty of $10,000 and investigative costs of $1,675.

Case No. 14-003N

The allegations against Donna Levanthal and DL Design Architects, Inc. were that they held themselves out as being qualified to practice architecture in Nevada and engaged in the practice of architecture for a project located in Nevada without having been issued certificates of registration issued by the board. The matter was resolved through a settlement agreement incorporating an administrative penalty of $10,000 and investigative costs of $4,100.

Holding Oneself Out and/or Putting Out Any Sign, Card or Other Device: NRS 623.360.1(a)(b)

Case No. 14-006N

The allegations against Philip Hettema and THG, LLC were that they held themselves out as being qualified to practice architecture in Nevada. The matter was resolved through a settlement agreement incorporating an administrative penalty of $2,500 and investigative costs of $1,675.
 
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