Engineer Disciplined for Unlicensed Practice of Architecture

It is not unusual for several weeks to go by before hearing back from a church, but after a number of months passed, I assumed that they had hired someone else. It was almost eighteen months before I was contacted by the church again and I learned what had happened.

They had, in fact, hired someone else to design their building, but it was not an architect. The person they hired was an engineer who had quoted a fee that was several times less than ours.

Despite the fact that Oklahoma statutes requires that churches must be designed by an architect, the engineer told the church that his engineering license would allow him to do the same thing.

The engineer designed the building and prepared drawings for the new building, then went to the local city hall to file for a building permit. Because the town did not have personnel on staff to review the plans, he was referred to the State Fire Marshal’s office to file an application for the permit.

The engineer told the church that he had been told to get the building permit from the State Fire Marshal’s office, but also that the church could proceed with construction of the foundation and floor slab. Not only did they do this, but they ordered the metal building package as well.

The engineer did not go to the State Fire Marshal’s office for some time, but when he finally did, his plans were immediately rejected because they had not be designed and sealed by a licensed architect.

Even after hiring an architect, the engineer’s plans were repeatedly rejected by the State Fire Marshal’s office because they did not comply with code. Eventually the church released the engineer and began searching for an architect to complete the project, much of which had already been built without a building permit.

Unfortunately, the church had paid the engineer his entire fee. Not only did they have construction documents that were useless and a building that was incomplete, but they were also stuck with an extremely limited budget with which to finish the project.

A complaint was filed against the engineer with the Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma. The engineer was investigated and the case was heard for the “unlicensed practice of architecture on a church project”. In a recent copy of the Regulator, a newsletter published by the Board, it was announced that the engineer had been found guilty, and had been assessed a civil penalty of $5,000. The announcement did not say whether or not the engineer would be required to refund the church for the fees he collected, or if he would face discipline by the Engineering Board as well.

The Board also heard a separate case for “unlicensed practice of architecture for designing and preparing plans and specifications for a church…” against another engineer and the engineer’s firm. Both were found guilty and fined.

My intent in writing about these cases is not to admonish the engineers (that is why I have not included their names), but to warn churches not to fall prey to those engineers who intentionally or unwittingly practice architecture in regards to churches. Engineers are allowed to design certain types of buildings, but churches aren’t one of those types. The types are specifically listed in the architectural statutes, and they are generally those kinds of buildings where there could be great loss of life in a fire. Architects are trained to design these types of buildings in compliance with building codes, where engineers are not.

By the same token, architects are not licensed to practice engineering, except for very minor incidental items. In fact, the architectural statutes state that an architect is guilty of gross negligence if he or she does not involve “other design professionals” in their projects.

So if your church is considering a project, they should be very careful to hire an architect who will hire engineers to perform the structural, mechanical, and electrical design of their buildings. Doing so will not only get them a better quality building designed by a qualified team, but they will also avoid losing time and money when the wrong person is hired.