Director warns against hiring unlicensed designers

A simple explanation of Gina Spaulding's job is that she regulates architecture within the state. Reality is a little messier than that.

On July 1, Spaulding became executive director of the awkwardly named Nevada State Board of Architecture, Interior Design and Residential Design. As cumbersome as the name is, the board's jurisdiction is even more complicated.

Spaulding's staff oversees statewide building design from homes to hotels, and everything in between, some exceptions aside. The board certifies design professionals, investigates public complaints against its registrants, and investigates unlicensed activity.

Primarily, the board certifies all licensed building design professionals, including about 2,500 architects, 107 residential designers and 87 registered interior designers.

"Each of these disciplines provides a specialized service," Spaulding said. "Most people understand what an architect does. Most people do not know the extent of what a residential designer does or what a registered interior designer does, or what they know."

For anyone considering building a custom home or home addition, Spaulding believes it's worthwhile to find out. Hiring the right design professional, she said, may affect the safety of the project, and may spare the homeowner from future liability.

"The benefits of hiring a registrant outweigh the costs," she said.

The board itself consists of nine members: five architects, two registered interior designers, one residential designer and one member representing the public.

Architects have the most stringent requirements and the most privileges among design professionals. In Nevada, candidates must have a degree in architecture, complete a three-year internship and take a nine-part, 35-hour test. Once licensed, they are "limited only by what they think they can take on."

Residential designers are a profession unique to Nevada. They are certified to design single-family homes and multifamily homes with four units or less. The state created the designation decades ago as a means of meeting the demand for skilled residential architects. Five years of design experience and a written exam are required to become registered.

Registered interior designers are perhaps the least understood. This designation was created in 1995 after it was realized that many interior designers were technically violating building codes through routine work in commercial buildings. Curtains, wall treatments and other common design materials can create fire hazards, and some decorative additions can cause an otherwise safe structure to be out of compliance with building codes.

The state created the designation to ensure that interior designers working in commercial settings would understand how to comply with safe building practices. Such designation is not required for work performed in private dwellings, such as a home, but is required for work in common areas, such as a clubhouse at a country club or condominium complex.

"There is a big difference between an interior designer and a registered interior designer," Spaulding said, explaining the difference relates to a knowledge of life safety codes, not relative skill with aesthetics.

All of the registrants are required to follow a professional code of conduct. The board investigates all claims to the contrary.

"We'll follow up on complaints from anyone, even anonymously, so long as it falls within our jurisdiction," she said.

Spaulding estimates her staff handles about 50 complaints at any given time, and roughly 1,200 per year. Many of those complaints involve people who are practicing without a license. Unlicensed designers are common in Las Vegas, according to Spaulding, and are detrimental to the public.

"There is a lot of liability that goes along with being registered. There's responsibility associated with adhering your stamp to a plan," Spaulding said. "People will come here thinking they can practice design without a license."

In addition to safety issues, unlicensed contractors and designers often seek to pull permits under the homeowners' names, which essentially shifts all responsibility and liability on the homeowner, including construction safety and the quality of the finished product.

"There's no recourse for the public if they use an unlicensed practitioner. We can go after them for being unlicensed, but not for what they design. There's no protection," she said.

Spaulding recommends an explicit and well-thought-out contract that specifies what the design professional will produce and how the consumer is allowed to use the design. If the designer rebuffs the idea, report it to the board and keep looking. Her staff can provide information on points of negotiation to consider.

"It's so important for the consumer to get a written agreement from the professional," she said. "Get one that specifies what services they are going to provide and if you don't understand the agreement, don't sign it."

Should things go sour, the contract may be the homeowner's only evidence of what the designer failed to perform.

Even if all goes well during the initial consultation, Spaulding said, it may be worthwhile to call her office anyway, just to make sure. As confusing as the law can be, anyone can use a little guidance.

"We're here for the public. We'll make them better prepared to make a decision regarding a design professional," Spaulding said.

In some cases, faulty design does not fall under the board's jurisdiction. It does not oversee contractors, who have their own separate board. Contractors may also design structures, provided that only they actually build from their designs.

As the housing market heated up in the 1990s, "design-and-build" as it is commonly called became a growing segment of the housing market in Las Vegas, even among prominent builders.

Contractors may also build based on designs from draftsmen they employ. There are no formal requirements for becoming a draftsman, however their work must be approved by a licensed designer or by the licensed contractor building from their designs.

"Draftspeople serve a valuable function in our community," Spaulding said. "We need them in our industries. They aren't, however, trained in all facets of building and that's a major (setback)."

Draftsmen serving contractors are outside the jurisdiction of Spaulding's staff. Should a consumer have a problem with their work, they can turn to the Contractors Board for help.

Regardless of who designs a building, there are procedures in place to ensure it is safe for occupancy. In addition to approval by local building departments, designs must also clear local fire department, zoning and public works standards.

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