licensure and independent consultants

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Author Message Edward R Heinen CSI CDT CCS LEED-AP New member Username: edwardheinen Post Number: 1 Registered: 04-2022 Posted on Thursday, April 14, 2022 - 01:17 pm:    Q: Do any states in the US require independent specifications consultants to be licensed design professionals in their state? I think I already know the answer, but thought this direct question would be beneficial. Ronald J. Ray, RA, CCS, CCCA, CSI, SCIP Senior Member Username: rjray Post Number: 210 Registered: 04-2004 Posted on Thursday, April 14, 2022 - 01:43 pm:    Many states’ licensing laws include the “preparation of specifications” as part of the practice of architecture. If one is preparing specifications “in-house” and not licensed, I see that as no different than a non-licensed person preparing construction drawings, both of which are permitted since a licensed architecture is to oversee those portions of the profession. However, if one is an independent consultant offering to provided services that are included under the definition of “the practice of architecture,” then I would assume that a state license is required. MO 327.091 “... The services referred to include consultation, design surveys, feasibility studies, evaluation, planning, aesthetic and structural design, preliminary design, drawings, specifications, ...” Naturally, state licensing boards can not enforce this unless they are aware of the violation. As I recall from the licensing laws under the two states I am licensed, I am required to report any suspected activity of individuals practicing architecture without a state license. I suspect there are many members of SCIP that are practicing architecture without a license. ken hercenberg Senior Member Username: khercenberg Post Number: 1450 Registered: 12-2006 Posted on Thursday, April 14, 2022 - 02:03 pm:    I've written specs in almost every state of the US without ever having been licensed or registered as an Architect or PE. I've always made it clear that my work must be prepared and issued under the supervision of a licensed or registered Architect and my work included under their Seals. I know many people who prepare specs who have different levels of licensure, registration, and/or certification or none at all. Some are excellent Specifiers; some not so much. Sort of like Architects and Engineers. There has been discussion since at least the mid-1980's that I'm aware of regarding having jurisdictions accept CCS as a form of registration for sealing Specifications. Personally I think that would be mistake since the CCS does not require proof of technical knowledge in terms of Architectural or Engineering content. At least in theory testing of Architects and Engineers still includes that. John Bunzick Senior Member Username: bunzick Post Number: 1869 Registered: 03-2002 Posted on Thursday, April 14, 2022 - 04:03 pm:    It's not unlike the many other parts of contract docs done by non-licensed (but highly trained/experienced) consultants; acoustics and kitchen equipment come to mind, but there are others. No license expected if under the architect's stamp. Edward R Heinen CSI CDT CCS LEED-AP Junior Member Username: edwardheinen Post Number: 2 Registered: 04-2022 Posted on Thursday, April 14, 2022 - 04:31 pm:    Thanks all for the insights. Very consistent with my understanding. I'm reviewing AIA C402-2018 noting Art.2.3 "If required in the jurisdiction where the Project is located, the Consultant shall be licensed to perform the services described in this Agreement, or shall cause such services to be performed by appropriately licensed design professionals." Noting the word "cause" - to me indicates a pro-active measure. MN has statute similar to MO. MN also requires a commercial kitchen consultant to be licensed and requires (I think) a separate permit. I think the next step is clear - meet up in the middle of the USA for an early retirement party and forget all this stuff. J. Peter Jordan Senior Member Username: jpjordan Post Number: 1179 Registered: 05-2004 Posted on Thursday, April 14, 2022 - 08:04 pm:    Although I am licensed, I make it clear to my clients that the specifications are prepared for their seal and emphasize that they need to carefully review my work. I view my architectural registration as largely a marketing tool that inspires more confidence in my work, and I occasionally run into someone who definitely wants a licensed architect to prepare their specs. I have never had a request for me to stamp my work. J. Peter Jordan, FCSI, AIA, CCS, LEED AP, SCIP Mark Gilligan SE, Senior Member Username: mark_gilligan Post Number: 973 Registered: 10-2007 Posted on Friday, April 15, 2022 - 02:56 pm:    If the work is covered by state licensing laws but is incorporated in construction documents signed and sealed by a licensed engineer or architect, the individual who originally prepared the content need not be licensed. It does not matter whether the unlicensed individual is an employee or a consultant. An unlicensed specification consultant can offer to provide services to a licensed individual but not to the final user. Should manufacturers' representatives be required to be licensed?