NEVADA STATE Board of Architecture,
Interior Design & Residential Design 2080 E. Flamingo Rd., Suite 120 Las Vegas, NV 89119 (702) 486-7300 – phone (702) 486-7304 – fax nsbaidrd@nsbaidrd.nv.gov
April 8, 2008
To: Nevada Architects, Registered Interior
Designers and Residential Designers
Nevada
Building Officials
From: George Garlock, Chairman
Nevada
State Board of Architecture, Interior Design and Residential Design
Re: Withdrawing as Design Professional of
Record
The board has
become aware of instances when registrants have chosen to pull plans from the
building department or withdraw as the design professional of record over a
civil matter, such as the client not paying as agreed. Such an action is a violation of Nevada
statute and may subject the registrant to disciplinary action under NRS
623.270(1).
Architects,
registered interior designers and residential designers should not withdraw as
the design professional of record once their plans have been sealed and
submitted to the building department. It does not matter whether a permit has, or
has not, been issued.
Registrants are
held to a high standard of conduct and must adhere to a strict code of
ethics. If a client has not met the
terms of the contract, the registrant may chose to seal the plans for submittal
to the building department, or retain the plans until the client is in
compliance with the contract. The board
highly recommends that all registrants have a written contract that clearly
details a payment schedule and the course of action that may be taken should
the client or registrant breach the terms of the contract.
A registrant may
pull plans from the building department if there is a life safety issue with
the drawings and a correction needs to be made. Additionally, a registrant may terminate services if he becomes
aware of an issue that would violate state or municipal laws. Rule of Conduct 3.3 for architects and
residential designers, and NAC 623.870(2)(a)(b)(c) for registered interior
designers, outlines the conditions and steps that must be taken (in the order
specified) for the registrant to terminate his services:
If, in the course of his/her work on a project, an architect becomes aware
of a decision taken by his/her employer or client, against the architect’s
advice, which violates applicable state or municipal building laws and
regulations and which will, in the architect’s judgment, materially and
adversely affect the safety to the public of the finished project, the
architect shall
(i)
report the
decision to the local building inspector or other public official charged with
the enforcement of the applicable state or municipal building laws and
regulations,
(ii)
refuse
to consent to the decision, and
(iii)
in
circumstances where the architect reasonably believes that other such decisions
will be taken notwithstanding his/her objection, terminate his/her services
with reference to the project unless the architect is able to cause the matter
to be resolved by other means.
In the case of a termination in accordance with Clause (iii), the
architects shall have no liability to his/her client or employer on account of
such termination.
If you have any
questions about circumstances when a design professional may rightfully pull
plans from a building department or withdraw as design professional of records,
please contact the board office at (702) 486-7300.