Hello Reader,

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Eight years ago today (September 5, 2021), a man was sentenced to prison in New York after being caught in an architectural fraud investigation dubbed "Operation Vandelay Industries."

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A man named Paul J. Newman was convicted of fraudulently operating as an architect without a license. He was sentenced to 2 1/3 to 7 years in prison and ordered to pay $115,000 in restitution.

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The New York State Attorney General's office named their investigation after the fictional company from Seinfeld. In the show, George Costanza often used the alias "Art Vandelay" and pretended to be an architect.

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In this particular case, Newman was found to have stolen the license number of a registered architect and forged a New York State Registered Architecture Stamp. AIBD does not support this behavior.

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However, many AIBD members, myself included, have faced accusations of "acting as an architect" and have been summoned by their state's Architectural Board simply for using the term "architecture" in their marketing materials.

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States protect the terms "architect," "architecture," and "architectural" in a manner that extends to their use in business marketing, titles, or service descriptions. Their position is that the usage could mislead the public into believing someone is licensed as an architect.

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Examples I've encountered that often draw scrutiny from those monitoring this activity include terms like "architectural designer" and "architectural design."

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Use of these terms can result in fines and disciplinary actions if investigated by state boards.

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But now, it's allowed in Utah.

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Thanks to House Bill 114 (HB 114), which took effect in May, Utah’s design and construction professionals will benefit from a significant update to the state’s Architects Licensing Act.
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This landmark legislation amends the Utah Architects Licensing Act to allow professionals in the design and construction industries to use derivations of the word "architecture," such as "architectural drafting," or "residential architecture," when describing their work, without violating state law. As long as they stipulate that they are not licensed architects.

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Some states are going as far as to seek out individuals and firms without licenses, using the hashtag #architecture in social media posts.
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"I don't believe that one business or entity should have a monopoly on that word." Representative Trevor Lee, the bill's sponsor, testified to the House Business, Labor, and Commerce Committee in January.

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I want to thank Representative Lee and the Utah Legislature for supporting this update.
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I also extend my gratitude to the many design professionals who, when asked, showcased our industry's unity and dedication by participating in an email campaign and reaching out to Utah lawmakers. Their efforts in urging the support of HB 144 highlight the collective passion and commitment we share for advancing and protecting our field.
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​What’s next?

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If you've seen the video "Leadership Lessons from Dancing Guy" (2:57), we’re searching for the proverbial "first follower." As the video explains, "A first follower transforms a 'lone nut' into a leader."

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Representative Lee has voiced his support for AIBD and expressed a strong commitment to helping promote similar legislation in other states.

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In March, the AIBD Board of Directors officially established a public policy position regarding the use of the term "architecture," which includes engaging with other professional bodies, regulatory agencies, and AIBD members to gather diverse perspectives on the implications of this policy.

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The Board is eager to seize this opportunity to expand advocacy efforts and advance policies like this on a national scale.

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​We need help.​
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At the January committee meeting, representatives from Habitations Design Group testified that the licensing board had investigated and fined them for describing their work as architecture, prompting them to review years of social media content and remove various hashtags.
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If anything like that has happened to you recently, the AIBD would like to know.
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In addition, if you’re connected to your state’s home builders association, we’d greatly appreciate an introduction to their executive officer or government liaison.
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Even better, if you have a personal connection with one of your state lawmakers, please forward this email to them along with a brief note requesting an opportunity to discuss bringing this initiative to your state.
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This change supports the professional growth of building designers, drafters, and construction specialists.
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If it's a good idea in one state, it should be in all states. Let's make a greater impact.

Go forth and design boldly,

Steve Mickley, Executive Director

Email: steve.mickley@AIBD.org​

Let's chat: AIBD.org/meetsteve​

P.S. - I've provided the links below to listen to the testimony, for and against, in both the House and Senate.

· ​House Business, Labor, and Commerce Committee - January 28, 2025​

· ​Senate Business and Labor Committee - February 19, 2025​

· ​House Floor, Day 17 (6/2/2025)​

· ​Senate Floor, Day 36 (26/2/2025)​

· ​Senate Floor, Day 37 (27/2/2025) ​