Generally, building design refers to the broadly based architectural, engineering, and technical applications to the design of buildings. Therefore, all building projects require the services of a building designer. Statutorily, the required credentials of a building’s designer vary from state to state and many times someone other than an architect is responsible for a building’s design, which may be surprising to some.
“Architecture” is defined by statute as the rendering or offering to render services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use. Based on this definition, architectural services include planning, providing preliminary study designs, drawings and specifications, job-site inspection, and administration of construction contracts. Through registration or licensure, architects are legally qualified to provide these services for any building. But nearly every U.S. state offers individuals the opportunity to render these same services, in connection with a limited scope of occupancy types, without qualifying to be an architect. When someone provides these services professionally, they title themselves a building designer. But where exactly is the dividing line?
ANSI/TPI 1, the National Design Standard for Metal Plate Connected Wood Truss Construction, defines a building designer as the “Owner of the building or the person that contracts with the owner for the design of the building structural system and/or who is responsible for the preparation of the construction documents.” That pretty much includes anyone designing a building, regardless of credentials. The standard goes on to clarify, “When mandated by the legal requirements, the building designer shall be a registered design professional.” The 2018 International Building Code (IBC) and International Residential Code (IRC) both define the registered design professional as, “An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed.” All but a few states allow owners to contract with individuals who are not licensed or registered architects, often referred to as building designers, to design single-family homes.
Where there seems to be a gray area is in two-family dwellings and townhouses. Some jurisdictions are accepting duplex and townhouse construction drawings by building designers, and others are not. Sometimes within the same state. The IRC defines a townhouse as, “A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.” So if a townhouse is a single-family home and you don’t have to be an architect to design single-family homes...? It’s not quite that simple though. Some building officials and state architectural boards confusingly lump duplexes and townhouses in with “multi-family” construction. When they do, they’re resting upon the “statutory requirements of the professional registration laws.” But is that what their statutes say? Florida and Utah’s statutes have specified single-family dwellings, duplexes, townhouses, and their accessory buildings as being exempt from requiring an architect. No others are that clear.
The scope, of the IRC, is to serve as a complete, comprehensive code regulating the construction of single-family houses, two-family houses, and townhouse units. Might it make sense to use the IRC as the statutory dividing line? Could it simplify the law and reduce, or eliminate, inadvertent licensing law violations? It’s an accepted precedent, why not use it? For now, everyone but registered design professionals is left wondering which side of the meandering dividing line their next project might be on.
About AIBD
The American Institute of Building Design is a nationally recognized association dedicated to building a better residential design profession, one designer at a time. The AIBD is your voice – we understand what you do and what affects your practice. Join your fellow designers in the AIBD – share your experience, knowledge, expertise, gather new tools for success, and help promote and protect the profession we all love.