Michael Angelo Gideo owns a small business organisation in Plano, Texas, that specializes in custom-designed backyards. His company installs pond pools, builds outdoor fireplaces and patios, puts upward decks, and tackles landscaping projects. The company, Lawn Architect, has a website at backyardarchitect.com. A fitting name, right? The Texas Lath of Architectural Examiners doesn't think so: Gideo is non, and has never been, a registered architect in the state of Texas; nor is his visitor affiliated with a registered architect. By Texas law, one of these weather must be met if the term "builder" or "architectural services" is used in a business name.

Early on this year, after Backyard Architect came to their attending, lath staff sent Gideo warning letters, notifying him that he was violating both the state Architects' Do Act and the Landscape Architects' Practice Human action. He didn't respond. In March, board staff met informally with Gideo to tell him that his continued use of the term "architect" in his business name was illegal. "He gave usa no legal reason why he was [still using the term]," recounts Michael Shirk, the board's managing litigator. Gideo's website stayed live, the name unchanged.

James Madison Jackson Jackson served two years in a Texas prison for theft and is currently awaiting trial for writing worthless checks in North Carolina. But his
PJ Loughran James Madison Jackson
Jackson served two years in a Texas prison for theft and is currently awaiting trial for writing worthless checks in North Carolina. Simply his "gateway crime" was the unlicensed practice of architecture. One time employed every bit an architect by Dallas house Gromatzky Dupree & Associates (he was dismissed when they discovered that he wasn't licensed, despite his claims to the contrary), Jackson has received felony indictments for illegal practice in both Texas and South Carolina. More than recently, operating diverse structure businesses, he racked upwards liens totaling more than $1 million—not to mention criminal charges and a trail of angry victims.

And then in July, an administrative constabulary judge advised the board to impose a penalty against Gideo of $200,000. That's $5,000 a twenty-four hours—the highest penalization the board is authorized to appraise—for each of the 40 days (or longer) that Gideo had violated the law.

Rule-Breakers and Fakers

If Texas Board of Architectural Examiners v. Mike Gideo stands out, information technology'due south for the jaw-dropping penalty recommendation, non for the fact that someone without a license to practice architecture touted himself as an architect or offered architectural services. That role is all too common. Unlicensed practice is nothing new, and neither are attempts to curtail it. Many states have had laws on the books for decades stipulating that architects postage drawings of all structures above a certain square footage. The intent is to safeguard the health and welfare of the public: An office edifice or day care center with major design flaws poses an obvious risk to the people inside, as does an unsound or barely habitable home.

In any given year, hundreds of complaints virtually unlicensed practitioners are filed with state boards by members of the public; by bona fide licensed architects; and past building officials (alerted, possibly, past a gear up of unstamped drawings). Who are the offenders?

They include an architecture school professor who used the phrase, "equally an architect, I … " in a newspaper commodity she wrote (Iowa, 1997, cease-and-desist order, no penalty), and a licensed architect who was constitute to take published his concern website—with multiple variations on the verboten title "architect"—before he had obtained his license (California, 2006, $500 ceremonious punishment). In that location are respected architects, already licensed in one or more states, who obtain a license in another—but simply later starting work on a project there. At the other stop of the ethical spectrum are the people who steal dead architects' seals and fraudulently stamp drawings with them.

In betwixt the shoulda-known-betters and the downright crooks are a lot of overreaching drafters and builders like Gideo. Most ever, a state lath'south commencement step after investigating a complaint is to send a letter explaining the protected nature of the terms "builder" and "architectural."

Do the violators actually not know that what they're doing is illegal? "A decent number" of cases are due to ignorance, confirms Douglas McCauley, executive officer of the California lath: "Folks are genuinely not knowledgeable" about the police. Notwithstanding, he adds, "You also get a fair number who know the constabulary, and … are operating on the edge." Joseph Vincent, ambassador of Washington state's board, estimates "correct off the top of [his] head" that virtually 75 percent of these violators don't empathize the legal protection of the title or how they've infringed on information technology. The other 25 percent "are more deliberate—and so we pursue advisable actions."

Under the laws of numerous states, single-family homes or structures of less than a certain square footage are exempt from the requirement that an architect be involved in the pattern. And then the line between houses and townhouses, or betwixt 4,000 and 4,500 foursquare feet, can beginning to wait blurry. "When y'all [i.e., a contractor] … do a residential design for a doctor'south house, and the doctor comes dorsum and says he wants you to do his role—that'south where [unlicensed people] cross the line," says David Minacci, a lawyer whose house investigates and prosecutes cases of unlicensed practice in Florida on behalf of the state board there.

Cease and Desist
The letter of alert, or a sterner cease-and-desist club, is usually enough to prompt voluntary compliance, the common goal of all state boards. The lath officials interviewed for this article emphasize public outreach as an essential tool, and a few can point to full-fledged education campaigns. California's board "subscribes to a philosophy of … preventative rather than remedial," says McCauley. He rents a berth at the statewide conference of buildings officials and cultivates a relationship with the American Institute of Building Blueprint (AIBD). New York director Robert Lopez has visited Pratt Institute, City College, and other schools to talk most the importance of licensure.

Merely all the outreach in the earth can't terminate someone who'south intent on misrepresenting him- or herself or committing fraud, and in such cases, boards get tough. How tough depends on the country. Texas's $5,000-per-24-hour interval maximum penalty is non typical, and some boards are substantially toothless—Due west Virginia's, for instance, has authority simply over licensed architects, so it doesn't even track cases of unlicensed practice, let lone prosecute them, says the board's executive director, Lexa Lewis. Amid the states with the most enforcement muscle are Texas, Illinois, Florida, Nevada, and California; those with the least include Wyoming, New Hampshire, and Idaho, as well as the District of Columbia.

Sullivan, Stevens, Henry, Oggero & Associates As a firm composed of non-architects, Houston's Sullivan, Stevens is well within its rights to design single-family homes in Texas, thanks to a legal exemption. However, that exemption doesn't apply to multifamily dwellings or commercial structures above a certain size or height. Texas' board learned that not only had Sullivan, Stevens drafted plans for two townhouse communities and a sales office (all nonexempt), but the City of Houston had permitted them—satisfied by an American Institute of Building Design stamp where an architect's should have been. The board ordered Sullivan, Stevens to cease and desist from the practice of architecture and recommended a fine of $25,000; the case was settled before a hearing was held.
PJ Loughran Sullivan, Stevens, Henry, Oggero & Associates
Every bit a firm composed of non-architects, Houston'south Sullivan, Stevens is well inside its rights to design single-family unit homes in Texas, thank you to a legal exemption. All the same, that exemption doesn't utilise to multifamily dwellings or commercial structures above a certain size or acme. Texas' board learned that not only had Sullivan, Stevens drafted plans for 2 townhouse communities and a sales office (all nonexempt), but the City of Houston had permitted them—satisfied by an American Plant of Building Pattern stamp where an architect's should have been. The board ordered Sullivan, Stevens to cease and desist from the practice of compages and recommended a fine of $25,000; the case was settled earlier a hearing was held.

Law-abiding architects should be encouraged by one trend: A number of state legislatures have recently conferred more ability on boards of compages. Washington'due south board did not take the dominance to ship cease-and-desist orders until 2002; before then, it had to try to convince reluctant district attorneys that illegal architectural practice deserved their attention. Too, in 2003 New York'due south Country Education Department, which oversees 48 professions including architecture, received the say-so to investigate and prosecute illegal practise. Earlier that, the board had to turn complaints over to the attorney general—never an easy sell. (If a example is serious enough to warrant criminal prosecution, even relatively powerful boards all the same have to go begging to the commune chaser or attorney general. "The unfortunate reality is," says McCauley of California, "when DAs are looking at rapes and murders—architectural problems—yous can imagine where we fall in that continuum.") Florida voted for a different kind of modify seven years ago, passing a police force that allowed the lath to contract with a private vendor for disciplinary services. The law firm that David Minacci works for—Smith, Thompson, Shaw & Manausa of Tallahassee—got the contract. Minacci says that going after unlicensed practice has been his top priority—and the numbers attest to that. "When yous look at the numbers compared to when the DBPR [Deptartment of Business organization and Professional Regulation] were [treatment enforcement], there'south no comparison whatever," Minacci claims.

Sure plenty, during the iii-year period from Nov. one, 1999, through October. 31, 2002—i.due east., before privatization—the Florida board issued 20 finish-and-desist orders per yr, on average (that number includes orders issued against unlicensed practitioners of interior design as well as architecture). By comparison, the three-year period from Nov. 1, 2004, through October. 31, 2007, yielded an average of 184 cease-and-desist orders per twelvemonth, an increase of more than 800 percent.

Florida'due south high-double-digit numbers of cases for each of the last few years dwarf any other state's, and effectively produce what looks similar an upward trend of enforcement nationwide. Still, anecdotal evidence from other states suggests that the trend may exist widespread. Joe Vincent of Washington has noticed "a fair uptick" in complaints, which he attributes to the board's newfound ability to have substantive action against offenders. Similarly, Melinda Pearson, the lath director in Nebraska, says her lath seems to be getting more complaints after information technology hired a compliance officeholder, who is responsible for follow-up. If Vincent and Pearson are correct, a proactive board can inspire a state's architects to aid regulate their own profession by lodging more complaints.

Cutting Corners—and Budgets
Besides hypervigilant architects, what could exist driving the numbers of cases higher? The economy is an obvious reply, but in that location are different theories as to how information technology affects illegal practice. Minacci, in Florida, actually perceives a slight drop in complaints over the last 12 months, which he attributes to residential designers going out of concern. Simply Texas' Shirk sees the pendulum swinging the other way because of recessional toll-cut. "I do call back that with the economic system existence in the slump information technology's in, at that place has been an increment in building design occurring without the use of architects when [they] should have been involved." A particular problem in his country is the design of nonexempt structures by either unlicensed edifice designers or by engineers, who may claim to exist qualified to perform "comprehensive building design."

And equally all 50 states—although some more than than others—are tightening their belts due to the ongoing economic crisis, enforcement may suffer. In California, whose budgetary woes are legion, McCauley'southward staff of 23 is now subject to a three-day-per-month furlough. "Suffice it to say, our resources are being restricted. And it certainly is going to touch the timeliness of our deportment and ability to do some of the positive things nosotros do, like outreach." The Florida lath'southward contract with Minacci'due south law business firm was cutting by twenty percent last financial twelvemonth, although Minacci believes that the fines he helps the state collect should protect against further cuts.

Although Lopez'southward role received new powers dorsum in 2003, it had to wait a few more years for commissioner's regulations on precisely how to implement the law, Lopez says. So is New York'south surprisingly low tally of disciplinary deportment going to shoot upwardly anytime shortly? "I would await those numbers to climb equally we put this procedure in place," Lopez says, adding that New York's procedure for treatment misconduct by licensed architects has been formulated ahead of that for unlicensed practice.

Will Lopez's office starting time sending compliance agreement letters again, as it did dorsum in the early part of this decade? "As staffing numbers permit, we'll be able to [pursue] some of these cases," is his circumspect respond.

James Arriaga As an unlicensed employee of New York City's Department of Education, working in its construction unit, James Arriaga unlawfully practiced architecture with a little help from the bogus stamp and seal of an actual licensed architect. He was found in 2005 to have defrauded more than 150 people over a four-year period. Arriaga pleaded guilty. He was sentenced to four months of weekends in jail and five years' probation, and was ordered to make reparations to the city in the amount of $10,000. Needless to say, he was required to resign from his government job.
PJ Loughran James Arriaga
Every bit an unlicensed employee of New York Urban center's Department of Teaching, working in its construction unit of measurement, James Arriaga unlawfully practiced architecture with a little aid from the artificial postage stamp and seal of an actual licensed architect. He was institute in 2005 to have defrauded more than 150 people over a four-year menstruum. Arriaga pleaded guilty. He was sentenced to four months of weekends in jail and 5 years' probation, and was ordered to make reparations to the urban center in the amount of $ten,000. Needless to say, he was required to resign from his government job.

What'due south in a Name
Reached past phone in tardily July, Michael Angelo Gideo was happy to talk almost his dealings with the Texas board, though his reaction see-sawed between defiance and bewilderment. Backyard Architect, he says, is "simply a play on words," which he compares to "Lawn Doctor"—"and I don't run across anybody getting harassed on business relationship of Backyard Dr.."

When asked if he would change his company's proper name, Gideo responded that he wouldn't. A few minutes later, he backtracked, saying he might change it to Michael Angelo Two. Gideo acknowledges that he could meet why the country wanted to regulate use of the title "architect"—"I can come across their side, too; they're trying to protect the people"—and claims that he'd similar to find an architect to affiliate with, and thereby satisfy the law, but information technology will take time.

Volition he pay the $200,000 penalty? "How would I pay that? How would you lot practise that? Information technology's ridiculous." He says he has stopped opening mail related to the case and hasn't retained an chaser.

Just before this issue went to press, the governor-appointed lath members (they do non include Shirk, a staffer) voted to adopt the estimate's proposal. "Respondent's ongoing and purposeful disregard of the laws inside the Board's jurisdiction indicates that a pregnant sum of coin must be imposed to deter hereafter ... illegal behavior," reads a passage in the final order.

If Gideo fails to pay the penalisation in full or to appeal within 50 days of the order'southward issuance, the board will seek an injunction against him in district court. Later that happens, he could end up with the attorney full general'southward office seizing his assets.

No incertitude Gideo's beliefs was "extremely serious," as the board found, but $200,000—that's a lot of money. In response to this observation, Shirk e-mailed, "Big Country–Big Penalization." The e-mail had a photo of the Texas state flag, with a fable in large-point, reddish type:

"Don't Mess With Texas Architects."

WHAT You lot Tin Do TO End ILLEGAL PRACTICE

Go on your eyes and ears open
If a friend or family member has hired a supposed architect who seems less than competent, check him or her out. Scan the ads in your local paper; do a Google search for "architect" + "[your boondocks or city]" to see what names and websites turn up.

Report, report, report
If you doubtable that someone is practicing compages without a license, take your concerns straight to your land board. Many lath websites at present allow y'all to verify a person's licensure past means of a quick name search. Be sure to follow through on your sleuthing and, if warranted, guild a complaint: After all, it's stipulated in the AIA'due south code of ethics and professional carry.

Contact your local AIA component
If you recall illegal practice is a problem in your land, let your AIA affiliate know. It may have plenty lobbying power to make your state government sit upward and take notice.