Licensing Licensing Encroachment: Trends and Strategy

Transcription

1 Licensing Licensing Encroachment: Trends and Strategy Greg Metz, AIA, LEED - Michigan Curt Wilson, AIA - Oregon

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4 Overview Old Battles - Encroachment: Interior Designers Building Designers Engineers

5 Overview Contemporary Battles Construction Managers Design Builders (Contractor-led)

6 Encroachment Overlap is often used to describe the interface between Architect and Engineer areas of Practice. Encroachment is a better term

7 Encroachment over lap verb \ˌō-vər-ˈlap\ : to lie over the edge of (something) : to cover part of the edge of (something) : to happen at the same time as something else : to have parts that are the same as parts of something else

8 Encroachment en croach verb \in-ˈkrōch, en-\ : to gradually move or go into an area that is beyond the usual or desired limits : to gradually take or begin to use or affect something that belongs to someone else or that someone else is using

9 Overlap Some times it works..

10 Overlap Some times it doesn t..

11 Encroachment It never works for the qualified..

12 Encroachment In the context of Advocacy, Encroachment Emphasizes qualifications Minimizes turf battles Stressed Life Safety Welfare in the interest of the public Minimizes confusing the public

13 Education Experience - Examination Relationships Architects Significant Engineers Occasional Interior Designers None Building Designers

14 Engineers

15 Engineers Relationship with Architects Professionals Colleagues Partners

16 Engineers Challenging to define relationship

17 Engineers Trends in Michigan Stamping Agreement No Incompetence

18 Engineers Trends in Oregon Separate Boards AIA and ACEC are strong allies Unwillingness to address differences Encroachment is more prevalent in rural areas and on industrial projects

19 Engineers Trends in other States

20 Interior Designers

21 Interior Designers Relationship with Architects The Accord Working Relationship Firm Employees

22 Interior Designers Trends in Oregon - Past Groundhog Day New legislation every session Tenaciousness Never passes Evolving strategies and approaches Independent Profession Boards Semiautonomous

23 Interior Designers Trends in Oregon - Attitudes Strong Interior Design programs Many Interior Designers in our firms Interest to support

24 Interior Designers Trends in Oregon Crafted practice activities around Architect Exemptions Minimal restrictions on use of term Interior Designer Emphasis on the stamp Motivation for respect

25 Interior Designers Trends in Michigan Deregulations of 18 Professionals

26 Interior Designers Trends in other States

27 Building Designers

28 Building Designers Relationship with Architects Minimal if any Some have background in architectural education and work experience

29 Building Designers Trends in Michigan AG will not pursue unlicensed practice because they have jurisdiction over regulated practice

30 Building Designers Trends in Oregon Exemption to Architect Practice Act is 4,000 sf or less Limited experience with efforts to recognize Designers. Requires that people meeting certain training standards be used to design exempt buildings...?

31 Building Designers Trends in other States

32 Contractors

33 Contractors Engineers, Interior Designers, and Building Designers can encroach on the Practice of Architecture from a licensing perspective Contractors can encroach on the role of the Architect

34 Contractors Construction Managers Encroachment on Design Services (Pre- Construction Services)

35 Contractors Design Build Contractor Led One step removed from client Contractor holds contract to provide design services

36 Contractors Design-Build-Finance-Operate Two steps removed from Client

37 Design Services Most States have sufficient requirements to mandate that architects own the firms that provide architectural services Are there threats to this?

38 Design Services NCARB Model Rule - V FIRM PRACTICE A partnership (including a registered limited liability partnership), a limited liability company or a corporation should be admitted to practice architecture in a state if (1) two-thirds (2/3) of the general partners (if a partnership), two-thirds (2/3) of the mangers (if a limited liability company), or two-thirds (2/3) of the directors (if a corporation) are registered under the laws of any state to practice architecture or engineering; (2) one-third (1/3) of the general partners (if a partnership), one-third (1/3) of the managers (if a limited liability company), or one-third (1/3) of the directors (if a corporation) are registered under the laws of any state to practice architecture; and (3) the person having the practice of architecture in his/her charge is himself/herself a general partner (if a partnership), or a manager (if a limited liability company), or a director (if a corporation) and is registered to practice architecture in that state. The board should be empowered to require by regulation any partnership, limited liability company, or corporation practicing architecture in that state to file information concerning its officers, directors, managers, beneficial owners, and other aspects of its business organization, upon such forms as the board prescribes. Architect Ownership

39 Strategies Educate Advocate Collaborate

40 Strategies AIA State Legislative Strategies Guide for Managing Encroachments: A Primer for Volunteer Architects 2012 Key Strategies:

41 Strategies I. Legitimize Your Government Affairs Program II. Politics First. III. Know Your Negotiating Boundaries IV. Legislative Victory = Successful Trifecta Analysis V. Always, Always Remain at the Negotiation Table VI. Set Aside your Ego, and Recognize that this Issue is Bigger than You and Your State. VII. Trust -- but Verify -- the Message of Your Contract Lobbyist(s) VIII. Always Remember that One Legislator s Blustering Does Not a Mandate Make

42 Encroachment Encroaching on our Practice

43 Encroachment Do we encroach on theirs?

44 Thank you!