N.J. Admin. Code § 13:27-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:27-3.3 - Advertising of design services by others; unlicensed practice of architecture

(a) A builder registered pursuant to the "New Home Warranty and Builder's Registration Act" (46:3B-1 et seq.) or a home improvement contractor may advertise or offer to perform "design services" either in the construction of one- or two-family homes or in connection with the demolition, enlargement or alteration thereto. A builder or home improvement contractor shall render such services only to the owner-occupant of such dwellings.

(b) An advertisement for design services by a builder or home improvement contractor pursuant to (a) above shall not in any way be limited except as set forth in (c) below, and may contain the following terms or their substantial equivalent:

1. Construction design services;

2. Design;

3. Design services;

4. Design/build;

5. Design/build services; and/or

6. Building design services.

(c) Builders and home improvement contractors shall not advertise, offer or perform design services that involve the preparation of construction documents, including, but not limited to, those that consist of drawings or specifications necessary to support an application for building or other construction permits. Any documents prepared by builders or home improvement contractors shall not contain a title block.

(d) A person not authorized to render architectural service may utilize the terms "space planning," "interior design," "interior design service" or the substantial equivalent thereof, provided that the design services advertised, offered or performed:

1. Are limited to the function of the interior space within an existing or proposed building;

2. Do not affect the means of egress and life safety of the building, nor involve any alteration or modifications of the buildings existing or proposed structure, seismic integrity or partitions that affect the means of egress and life safety, or its electrical, mechanical, HVAC (heating, ventilation and air conditioning) or plumbing systems;

3. Do not require or involve skill, training or expertise of a licensed architect; and

4. Do not include the production of construction documents necessary to support an application for any construction permit.

(e) Nothing in this section shall prohibit any individual or entity authorized by law to render professional engineering services from utilizing the terms set forth in (b) above in connection with the advertising of professional engineering services.

(f) No person, except an architect licensed in the State of New Jersey, shall use the title "architect" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice architecture in this State.

N.J. Admin. Code § 13:27-3.3

New Rule, R.2011 d.081, effective 3/7/2011.
See: 42 N.J.R. 2202(a), 43 N.J.R. 640(a).
Former N.J.A.C. 13:27-3.3, Single family exemption, recodified to N.J.A.C. 13:27-3.4.