Monthly Archives: December 2011

Advertising of Architectural Services

Advertising of Architectural Services

During these difficult economic times, it is only common sense that we as Architects would want to crack down on the unlicensed practice of our profession. In order to do so, it is equally important that we also have our houses in order. It has become apparent that we need to remind our membership of the Architects regulation as they relate to advertising. Below are the definition of an “Advertisement” and the regulations on advertising as posted on the New Jersey Division of Consumer Affairs, New Jersey State Board of Architects website.

 SUBCHAPTER 3. ARCHITECTURAL PRACTICE AND RESPONSIBILITY

 13:27-3.1 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

“Advertisement” means any communication to the public including, but not limited to, newspaper, periodical. journal, flyer, professional stationery, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which architectural services are offered or by which the availability of architectural services is made known.

 13:27-3.2 Scope of architectural service; advertising

(a) No person, except an architect licensed in the State of New Jersey, shall use the title “architect” or its substantial equivalent or otherwise represent to the public that the person is licensed to practice architecture in this State.

(b) Architects shall meet the following requirements concerning advertisements:

1. An advertisement shall include a term which is descriptive of the professional services to be rendered, such as “architect,” “architectural,” “architectural services,” or the substantial equivalent thereof and may be made only by an architectural business entity authorized to render architectural services pursuant to NJ.S.A. 45:3-17 or 45:3-18.

2. An advertisement shall include the name and license number of an architect and, if applicable, the name of the architect’s architectural business entity.

3. Each architect, who is a principal, partner, or officer of an architectural business entity, shall be responsible for the form and content of any advertisement which offers to provide architectural services.

4. A copy of each advertisement shall be retained by each architect, who is a principal, partner or officer of an architectural business entity for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board.

5. Any architect or architectural business entity which uses an advertisement containing false or misleading information or which fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct.

(c) A builder registered pursuant to the “New Home Warranty and Builder’s Registration Act” (NJ.S.A. 46:3B-I et seq.) or a home improvement contractor may advertise, or offer to perform “‘design services” either in the construction of one- to two-family homes or in connection with the demolition, enlargement or alteration thereto. A builder or home improvement contractor shall render such services only to the owner-occupant of such dwellings.

(d) An advertisement for design services by a builder or home improvement contractor pursuant to (c) above shall not in any way be limited except as set forth in (e) below, and may contain the following terms or their substantial equivalent:

1. Construction design services;

2. Design;

3. Design services:

4. Design/build;

5. Design/build services; and/or

6. Building design services.

(e) Builders and home improvement contractors shall not advertise, offer or perform design services’ that involve the preparation of construction documents, which consist of, but are not limited to, those drawings or specifications necessary to support an application for building or other construction permits.

(f) It shall be permissible for a person not authorized to render architectural services to utilize the terms “‘space planning”, “interior design”, “interior design services” or the substantial equivalent thereof provided that the design services advertised, offered or performed:

1. Are limited to the function of the interior space within an existing or proposed building;

2. Do not affect the means of egress and life safety of the building, nor involve any alteration or modifications of the building’s existing or proposed structure, seismic integrity, or partitions that affect the means of egress and 13:27-3.3 life safety, or its electrical, mechanical, HV AC (heating, ventilation and air conditioning) or plumbing systems;

3. Do not require or involve the skill, training or expertise of a licensed architect; and

4. Do not include the production of construction documents which consist of, but are not limited to, those drawings or specifications necessary to support an application for a building or other construction permit.

(g) An architect is permitted to render architectural services as an agent, director, member, officer, shareholder, associate, employee or partner of a person whose principal business is space planning services, interior design services or the substantial equivalent thereof if the architect, at all times, exercises independent professional judgment in the rendering of architectural services and adheres to the requirements set forth in NJ.S.A. 45:3-1 et seq. and this chapter.

(h) Nothing in this section shall prohibit any person or entity authorized by law to render professional engineering services from utilizing the terms set forth in (d) above in connection with the advertising of professional engineering services.

Amended by R.1998 d.417, effective August 17, 1998.

See: 30 NJ.R. 1511(a). 30 NJ.R. 3061(a).

Rewrote (b).

Amended by R.2005 d.303. effective September 6, 2005.

See: 37 NJ.R. 869(a). 37 NJ.R. 3424(a).

Rewrote (b): in (c), substituted “’46:3B-I et seq:” for “’46B-I”‘: added

(g): recodified former (g) as (h).

I also had a discussion with Charles Kirk, Executive Director of the NJ State Board of Architects, he stated that the while the Board does not provide approval on such issues, he felt that for those firms operating under a valid Certificate of Authorization, posting the CA# would be satisfactory in lew of posting each Principal’s Registration Numbers. We also discussed Business Cards, and while they are not specifically listed in the definition of advertising, he felt it would be wise to include either the Architects Registration number or the firm’s Certificate of Authorization number on all business cards of anyone soliciting business for the firm.

Respectfully Submitted,

Kurt M Kalafsky AIA CSI

2010/2011 Secretary, AIA New Jersey


REGIONAL DIRECTOR’S DECEMBER REPORT

Regional Report
By Jerome Leslie Eben, AIA
AIA NJ Regional Director ’11-‘13

I have just returned from the final ‘11 National Board Meeting. This is the completion of my first of a three year commitment as your Regional Director. It has been an eye opening experience to witness the way OUR institute is organized and how your leaders focus on the important issues that face the organization and in turn on OUR profession as ARCHITECTS.

The year started with the appointment of Robert A. Ivy, Jr., FAIA Executive Vice President/CEO of the Institute. I am sure many of you know of Robert’s accomplishments with McGraw-Hill and as Editor of Architectural Record. We could not have a better manager than a man who has been an advocate for the profession for his entire career, first as a practicing architect and later in his roll with the McGraw-Hill. Robert was himself a member of the Board over a decade ago, so he is experienced with the way the operation works. In this position, he is charged with the day to day running of the institute, managing the many departments, over 200 employees and a budget of nearly 60 million dollars.

I am part of the Class of 2013. We call ourselves the “Original 13” in honor of the original founders of AIA some 154 years ago. We of course come from all over the country, are made up of firm owners, (large and small), corporate architects, and educators. A good mix, for sure and we have made our mission to increase the public’s understanding of what we do for a living and the architecture we create. Our first year was about getting familiar with the process and working on various committees.

At this last meeting, I chaired a Class Dinner where we had a discussion of now entering our middle year of service, what we do next? I am glad to report that the emphasis of this energetic group will be on the Emerging Professional and the mentoring process. Our goal is to help increase the participation of our young people into the organization and service the needs of the profession that they will inherit. I have been a proponent of the EP’s as I fondly refer to them and I hope that the 2012 leadership of the Sections will see fit to send as many of these young people to AIA’s best program, the Grassroots Leadership Conference in early March.

At Grassroots, I will have the opportunity to hold an annual Regional Meeting. I have asked Phil Simon, AIA’s Director of Communication to have Ned Cramer, Editor of ARCHITECT the magazine of AIA to be available to us. I have had numerous requests from members about the approach of the magazine and its newswire service. Please join me for this important meeting (time and meeting room, will be provided via a future E-mail to attendees) and have your concerns and questions answered.

Thank you,

Jerry
jebenaia@aol.com

CANstruction 2011

The New Jersey chapter of the American Institute of Architects (AIA-NJ) recently held its 13th annual “CANstruction” event, a design exhibition and contest to benefit community food programs, at the Livingston Mall, in Livingston, N.J.

“CANstruction combines two of architect’s greatest passions: designing new structures and giving back to the community,” said Christy DiBartolo, chair of the New Jersey event. “With the current state of economy, the number of people who are in need of the food bank’s services is at an all-time high. We are delighted that AIA-NJ can make a contribution.”

Using over 44,000 cans of food, seven New Jersey teams comprised of architects, engineers mentored by AIA-NJ professionals competed to design and build giant structures. The structures, which took months to conceptualize, were built during an eight-hour “Build Day,” and were judged and displayed for a week before being dismantled and donated to the New Jersey-based Community Food Bank of New Jersey (CFBNJ).

NK Architects, a Morristown, N.J.-based architectural and design firm, received the event’s top award, “Jurors’ Favorite,” along with the “Best Use of Labels” award for its 10-by-10-foot, 17,000-can structure of Andy Warhol, entitled “15 Minutes of Fame to Fight Hunger.”

Other award winners included Gensler, a Morristown, N.J.-based architectural, design, planning and consulting firm, which received the “Structural Ingenuity” award for its enormous structure of playing cards, poker chips and dice entitled “All in Against Hunger”; USA Architects, a Newark, N.J.-based architectural firm, which received the “Best Meal” award for its giant Faberge egg structure entitled “Egg-Nite the Fight Against Hunger,” which also won an “Honorable Mention” award; and Skanska, a Parsippany, N.J.-based construction firm, which won an “Honorable Mention” award for its colossal birthday cake structure, which commemorated Goya Foods’ 75th anniversary, entitled “Help Take a ‘Slice’ Out of Hunger!”

In addition to designing the structures, participating firms were responsible for obtaining the cans used in their structures, which involved soliciting donations from sponsors, including food manufactures, supermarkets, clients, families and friends, or buying the cans.

Last year’s New Jersey event, which was held at the Prudential Center in Newark, N.J., in conjunction with the “New Jersey Hockey Fights Hunger initiative,” of the New Jersey Devils, a Major League Hockey team, raised over 44,000 pounds of food and $1,700 in cash donations.

CFBNJ distributes more than 37 million pounds of food and groceries a year, ultimately serving 1,656 non-profit programs including 436 programs served by its partner distribution organizations. Through their combined efforts, they help more than 900,000 people in 18 New Jersey counties.

The New Jersey event is part of a nationwide CANstruction event, which is held under the auspices of the Society for Design Administration (SDA), an affiliate of the national AIA organization.

Since the inception of CANstruction, over 12 million pounds of food have been donated to the fight against hunger. Initiated by the Denver, Seattle and New York chapters of the SDA in 1992-1993, CANstruction had more than 130 individual competitions scheduled in last year’s cycle.

BELL LABS HOLMDEL: ARCHITECTS AND PERSERVATION GROUPS REACT TO THE REDEVELOPMENT PLAN

The coalition of organizations advocating for the preservation of the former Bell Labs building and landscape have been anticipating the proposed zoning changes from Holmdel Township for most of this year. A multidisciplinary Charrette held three ago years by AIA-New Jersey, Docomomo US/NY Tri-State and Preservation NJ developed design approaches for the preservation and sympathetic reuse of the internationally significant modernist landmark. “The Bell Labs site poses many challenges adapting it sensitively to new uses while protecting the landscape,” said Michael Calafati, AIA, of AIA-New Jersey.

“We are heartened to see that Holmdel is acknowledging preservation of the building as a goal in the public’s interest. Permitting new and mixed uses will help achieve this. This news is in keeping with the Charrette’s recommendations,” he added. The Eero Saarinen-designed building (1957-1962) and Sasaski-Walker designed landscape have already been deemed eligible for inclusion in the National Register of Historic Places. Accordingly, the site’s overall importance is based on the building and the landscape as a unified entity. The preservation groups welcome much of the Redevelopment Plan’s provisions but an area of concern remains the potential impact to the imposing landscape. “The architect and landscape architect worked collaboratively to create a unique and singular vision for Bell Labs. There is no distinction between the jewel and the setting – it is all of one piece,” said Nina Rappaport of Docomomo New York/Tri-State. “We hope that initial efforts will be placed on preserving and adapting the building so that any impact on the landscape can be considered carefully.” While the groups acknowledge the potential for a change in use, the landscape could be preserved for passive recreation, especially considering the setting and the environmental impact.

The building, shuttered in July 2007 and listed for sale since, is included on Preservation New Jersey’s list of the state’s Most Endangered Historic Places. The coalition that organized the Bell Labs Charrette and published the final report includes the NJ Chapter of the American Institute of Architects (AIA-NJ), Preservation New Jersey (PNJ), the National Trust for Historic Preservation, DOCOMOMO-US (DOcumentation and COnservation of buildings and sites of the MOdern MOvement), the DOCOMOMO US/NY Tri-State Chapter, the Recent Past Preservation Network, The Cultural Landscape Foundation, and the NJ Conservation Foundation. The charrette report is available for downloading by clicking here.

The Holmdel Township Committee will hold a public hearing December 20, 2011, on the proposed ordinance to adopt the redevelopment plan. The redevelopment plan is available for download by clicking here, and following the link either to the redevelopment plan summary or full redevelopment plan.

For more information, contact:

Michael Calafati, AIA
AIA New Jersey
609-884-4922
michael@calafati.com

Nina Rappaport
DOCOMOMO US/NY Tri-State
212-531-3472
Rappaporthall@sprintmail.com

Stephanie Cherry-Farmer
Preservation New Jersey
609-392-6409
info@preservationnj.org

Emerging Professionals are Paying it Forward by Developing Mentorship NOW Program

The AIA New Jersey Emerging Professionals Committee is developing a mentorship program to facilitate interaction between professionals of all career stages.  Mentorship is an essential feature of the development of an architect’s career. The form of mentorship has changed considerably over time, from its beginnings as an apprenticeship, to the current environment, with limitless possible types of mentoring relationships.

The program – Mentorship NOW – utilizes today’s technology such as social media and promotes interpersonal communication to develop career relationships.  Learning through mentorship has evolved from a narrow path to a complex range of possibilities.  This organized program streamlines the current process into a more productive form of mentorship relevant to interns and students today, that can also benefit seasoned professionals.

The technical component of the Mentorship NOW program is the online database. This database allows program participants to log pertinent information and interests. This information will help  assemble groups with similar interests within similar geographic areas of the state.

Mentoring groups will have four levels of professionals including emerging professionals, mid-level licensed, mid-level unlicensed, and seasoned professionals.  Emerging professionals will include students, IDP interns, ARE candidates, and Young Architect Forum members licensed up to 10 years.  Fellows will be invited to participate, with the goal of one per group.  Mentoring through cross-generational communication will facilitate bridging the gap between different experience levels.  Groups will be assembled based on information provided in applications.

As a supplement to the small mentoring groups, the committee will plan bimonthly educational seminars where all are invited, featuring presentations given by professionals in other fields. Mentorship NOW will add educational seminars as another member benefit. One goal of these interdisciplinary seminars is to foster interest in alternative career paths for architects, which is a growing minority of the associate membership, as people deal creatively with the recession by inventing their own jobs. For those members on a traditional career path, the seminars will provide a refreshing point of view by informing attendees on topics not usually emphasized in current practice.

Mentorship NOW will be accepting applications in Spring 2012.  The program is being organized by AIA NJ Emerging Professionals Committee which includes a Chairperson from each section, state IDP Coordinator, state Chairperson, Regional Associate Director, YAF Liason and Associate AIA members.  If you are interested becoming involved in the planning committee, please contact either Clair Wholean clairmarie@gmail.com or John Cwikla jacaianj@verizon.net

As AIA national has recently made support of Emerging Professionals a strategic priority, now is the time to foster their development and welcome them into the Institute here at home in New Jersey.

Clair Wholean, AIA, NCARB, LEED GA
Regional Associate Director 2011-2012
 
John Cwikla, AIA
Treasurer, AIA Newark & Suburban
Emerging Professionals Chair, AIA NJ
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