Granby, CO asked in Business Formation for Colorado

Q: I have a masters degree in architecture and have not taken my licensing exams. can i use "architectural designer" title

Related Topics:
1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: In Colorado, the state government regulates the license of architects through the Department of Regulatory Agencies, under the division of Architect, Engineer and Land Surveyor licenses. There are regulations for architects under C.R.S. § 12-120-401 et seq. Most relevant to you are the laws § 12-120-403 (exceptions to needing a license) and § 12-120-405 (discipline for unlicensed practice).

The code makes an exception for persons performing architect-like services if the service is for a residential building of four dwellings or less, garages and industrial buildings used by less than ten people at a time, cosmetic changes to a building, interior design tasks that are not structural or mechanical in nature.

The code identifies punishable offenses as well. False or fraudulent use of a license or seal, practice beyond one's skill, and endangering the public are all punishable. Specifically, read parts "f" and "q" from § 12-120-405, which state the "use of false, deceptive, or misleading advertising" and "engaging in conduct that is intended or reasonably might be expected to mislead the public into believing that the person is an architect" are punishable under the law.

The title "architectural designer" rust a risk of a credible case against you where a member of the public reasonably believes you are a licensed architect. You seem to be running a risk of violating § 12-120-405(q) since a reasonable person in the public might become legitimately confused. Even though your intentions are good and you are not stamping and signing drawings claiming to be an architect, the law is written to protect the public from employment titles that "reasonably might be expected to mislead the public." For you to use the "architectural designer" title leaves you at risk of violating § 12-120-405(q).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.