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New Regulations and Lower Fees

October 1, 1997, will mark the effective date of the revised APELSLA Board´s Rules and Regulations. A few noteworthy changes that regulants should be aware of are the renumbering of regulations to comply with the Virginia Administrative Code; reduced fees; implementation of a requirement for a professional degree in architecture to qualify for an NCARB administered exam; revisions to 18 VAC 10-20-740 (formerly §12.6.D Professional Responsibility); inclusion of requirements for certification as an Interior Designer; and a provision for the renewal and reinstatement of branch offices to professional corporations and business entities registered with the Board. Other housekeeping changes were made as well. The regulations will be mailed to all regulants of the APELSLA Board just prior to October 1.

The APELSLA Board is also performing a comprehensive review of the regulations to eliminate redundancy in the current version.

Mediation: An Alternative Dispute Resolution Process

When was the last time you had a dispute with a client over the amount owed for work performed, or worse, the job shut down while the dispute was being resolved? Disputes such as these can be costly to you, your company, and your reputation. If you have been involved in a dispute that has gone to court, you are sensitive to the high costs of litigation in terms of legal fees, time, business relationships and public image. If you have been lucky enough to avoid litigation, you still may have been involved in a dispute that was unpleasant or resolved in an unsatisfactory way. Should you have a dispute that cannot be resolved through your normal negotiation procedures, you may wish to consider mediation.

While mediation has been used for many years by very large companies to assist in resolving all types of disputes, smaller businesses may not yet have discovered the benefits mediation can provide.

What is mediation?

Mediation is a voluntary process in which two or more people involved in a dispute come together to try to resolve their problem directly with the help of a neutral third person, called a mediator. The mediator does not take sides and has no authority to make a decision. Meditation is particularly effective when applied to contract or construction related disputes, since the dispute frequently involves several parties and the issues are often technical, which may be difficult to explain to a judge or jury.

Who can use mediation?

Anyone who has a conflict can use mediation. Some examples are employer/employee disputes, contract issues, disputes with vendors, suppliers, contractors, clients, business organization and dissolution issues, as well as many others.

What are the advantages of mediation?

It is usually successful. Parties are able to settle their dispute satisfactorily 80-85% of the time. It is cost effective, time efficient, voluntary and completely confidential. The parties retain control of the process and the agreement, so it is both fair and flexible. You can raise issues that are important to the dispute, and can tailor your own solution according to your needs. Mediation also helps to improve communication between the parties, which can be especially important in an ongoing business relationship, and in preserving future ones.

How do I select a mediator?

There are private mediators and mediation companies, community-based mediation organizations and attorneys that also provide mediation services, all with varying qualifications. Your local yellow pages has listings under "mediation services." You may also wish to talk to other people who may have previously used mediation services. Virginia has a certification process designed for court-referred cases, which ensures that mediators have a basic level of training and experience. The certification process is administered by the Supreme Court of Virginia. Training, experience, fees involved, professional organizations or affiliations and references are other points to consider.

How is the mediation process initiated?

You can approach the other party or parties to the dispute to determine if they may be interested in mediation, or you can ask the mediator to do it. All parties must be willing to participate in mediation before a session can be scheduled, and often the parties will be required to sign an Agreement to Mediate to ensure their commitment. Your mediator should take the time to explain the process to you and the other parties, and will provide you with some written information on the process and what to expect.

Mediation is one forum where all parties involved in a dispute can come together quickly, efficiently and privately to try to work out a timely settlement. Should you be involved in a dispute in the future, why not try mediation as a way to resolve it? You have nothing to lose, and everything to gain.

Correction Notice

The article entitled "Sealing Construction Documents" in the Spring 1997 edition of Dimensions discussed sealing and signing requirements as outlined in Volume 1 - New Construction Code of the Virginia Uniform Statewide Building Code. Section 105.5 stated in part; "include the seal and signature of the architect and professional engineer under whose supervision they were prepared." That Section has been changed to:

114.1 General: Where required by law or where determined necessary by the code official, all construction documents required for a building permit application shall be prepared by a registered design professional licensed in this Commonwealth.

Examination Statistics

Here are the statistics from the April 1997 Fundamentals and Principles of Engineering and Fundamentals and Principles of Land Surveying examinations.

 

The results of the June 1997 Landscape Architecture Registration Examination (LARE) were not received in time to be included in this issue of Dimensions. They will be in the spring 1998 issue.

The spring 1998 issue of Dimensions will also include year- to-date statistical information on the Computerized Architectural Registration Examination.

In Memory of...William M. Sours, LS

William M. Sours passed away on April 19, 1997, at the age of 64. Mr. Sours served as a member of the Board from 1982 - 1992, during which time he served as Chair of the Land Surveyor Section and President of the Board. He was active in the Virginia Association of Surveyors, serving as Secretary/Treasurer, First and Second Vice President and President. In 1973, Mr. Sours was elected the first President of the Peninsula Chapter of the Virginia Association of Surveyors, of which he was a charter member.

Mr. Sours was educated at the University of Virginia and Old Dominion University, and served in the U.S. Army in Killeen, Texas.

Mr. Sours entered the surveying profession as an apprentice working with his uncle´s firm, but formed his own firm of William M. Sours & Associates in 1966. He was active in the American Congress of Surveying & Mapping, the Virginia Surveyors Foundation, Ltd., and the American Society of Civil Engineers, and served as Editor of the Old Dominion Surveyor, and Committee Chairman for the writing and publishing of "Surveyors & Statesman - Land Measuring in Colonial Virginia." His civic activities included memberships in the Mercury Lions Club, Hampton Yacht Club, the National Home Builders and the Hampton Arts & Humanities Council.

Mr. Sours´ many contributions to the Board, the land surveying profession, and the community will be long remembered.

Board Changes

David L. May, Jr., Architect Member

David L. May, Jr., was appointed to the Architect Section of the APELSLA Board in 1996 to succeed Mary R. Reader.

Mr. May graduated from Virginia Polytechnic Institute & State University in 1975 with a Bachelor of Architecture degree. Within a few years he became one of the founding members of CMSS Architects, a Virginia Beach firm recognized on a state and national level for its design achievements. Mr. May is currently the Vice President of Operations for The TAF Group.

Throughout his career, Mr. May has been involved in hurricane preparedness for the design and construction industry, has served on numerous committees and panels studying wind resistive design, and has been published in Architecture for providing technical detailing for wind resistive roofs.

Mr. May has served his profession by serving on various committees for the American Institute of Architects and put on several seminars for the Community Association Institute. He has also been an active fund raiser for the Hampton Roads United Way campaign.

William P. Gimbel, Land Surveyor Member

William P. Gimbel was appointed to the Land Surveyor Section of the APELSLA Board in 1996 to succeed Granville F. Hogg.

Mr. Gimbel has been employed in the land surveying profession since the mid 1960´s and was initially licensed by the Virginia Board in 1981. His practice has been centered in and around western, northwestern and northern Virginia.

Mr. Gimbel currently resides in Madison County with his wife Janet. His interests include Civil War history, gun collecting and marksmanship.

1997 Appointments

New appointments to the APELSLA Board include Richard N. Davenport to succeed Janet N. Daniels of the Professional Engineer Section; Doyle B. Allen to succeed David F. Rice, Jr., of the Land Surveyor Section; and Ralph B. Higgins to succeed Philip A. Shaw of the Landscape Architect Section. Ms. Kathryn T. Prigmore of the Architect Section was reappointed to serve another term. Look for biographical information on the new members in a future issue of Dimensions.

Disciplinary Actions

The following is a summary of recent actions taken against regulants by the APELSLA Board.

FILE NUMBER 93-01993, Kyle D. Austin, LS

VIOLATION - Austin performed a boundary survey and failed to note that one of the boundary lines was in dispute. BOARD ACTION - Consent Order containing a written reprimand by the Board, a reimbursement of investigative costs in the amount of $1000, and Austin´s agreement to review the survey and resubmit to the Board a revised plat meeting the 1992 regulations within 60 days of the effective date of the Order. REGULATIONS VIOLATED - (1992) §5.10 inclusive EFFECTIVE DATE - December 15, 1995.

FILE NUMBER - 96-01108, Kerry L. Skinner, LS

VIOLATION - A Department of Professional and Occupational Regulation investigator made a telephone and written request to Skinner for information and documents related to a complaint filed against him. Skinner failed to respond to the request in a timely manner. BOARD ACTION - Consent Order containing an admission of guilt in the violation of Board regulations, and a reimbursement of investigative costs in the amount of $300 due within 30 days of the effective date of the Order. REGULATIONS VIOLATED - (1994) §12.6.C EFFECTIVE DATE - March 21, 1997.

FILE NUMBER - 96-01635, George W. Bushey, Arch

VIOLATION - In 1994, Bushey pled guilty to conspiracy to defraud the United States government pursuant to 18 U.S.C. Section 371, to wit, impeding, impairing, obstructing, and defeating the lawful government functions of the Internal Revenue Service of the Treasury Department in the ascertainment, computation, assessment, and collection of the revenue - a felony. Bushey signed a plea agreement in which he agreed to plead guilty to a conspiracy charge in 1993. In 1994 Bushey pled guilty in the United States District Court to a felony conspiracy charge. BOARD ACTION - Consent Order imposing a two year suspension. At the end of the suspension, Bushey must reapply for registration as a new applicant.REGULATIONS VIOLATED - (1992) §11.6.A and 11.7 EFFECTIVE DATE - July 22, 1997.

FILE NUMBER - 97-00211, Joe P. Vaughn, Arch

VIOLATION - Vaughn contracted with a client to perform minor interior work that did not require him to sign a Change of Use Certification or to observe progress of construction. Additional work was being performed at the contract site, but not by Vaughn. Vaughn was later asked by his client to sign and seal a Change of Use Certification certifying that the inspected structure and its existing electrical system was in full compliance with the National Electrical Code, which he did. A subsequent inspection by the local jurisdiction at the contract site revealed numerous electrical code violations. BOARD ACTION - Consent Order imposing a monetary penalty of $1,000 per violation, $2,000 total penalty.

REGULATIONS VIOLATED - (1994) §12.5.A and 12.11.A EFFECTIVE DATE - June 13, 1997.

Firm Renewals

December 31, 1997, marks the renewal date of professional corporations and business entities registered with the APELSLA Board. Renewal notices will be mailed from mid to late November in time for renewal.

Previous articles in Dimensions have explained who is required to hold a certificate of authority with the APELSLA Board to practice the professions of architecture, engineering, land surveying, landscape architecture and interior design. This should serve as a reminder that the renewal of your business registration does not renew your individual license or certificate to practice -- those are renewable at various times during the year.

If at time of renewal the name of the company has changed, a copy of the Certificate of Amendment issued by the Virginia State Corporation Commission, showing the old and new company name, shall be submitted with the renewal papers. A company that has changed entities (i.e.,partnership to corporation, etc.) is not eligible for renewal, but must submit a new application.

Branch offices of professional corporations and business entities registered with the APELSLA Board are also subject to provisions of renewal. Renewal notices for branch offices will be mailed in mid to late January prior to the February 28, 1998, renewal date. Branch offices will not be allowed to renew if the professional corporation or business entity they are attached to does not renew in December.

Architect Application Review

Please share this information with those members of your staff who are candidates for the examination or licensure.

During Fiscal Year 97 (7-1-96 through 6-30-97), APELSLA staff members processed approximately 320 architect applications for examination and comity. Each application is subject to a staff review to determine if all documentation has been properly submitted. Once the application has been deemed complete, the applications are circulated through the mail to members of the Architect Section for review and determination. It is therefore extremely important that all directions are followed when completing an application. Forms that are not properly completed slow down the review process, therefore taking longer for an applicant to receive approval for an examination or to receive a license to practice in Virginia.

Applicants for comity may consider applying to the National Council of Architectural Registration Boards. A compilation of the professional´s education, experience, exam and reference history is used to facilitate the interstate licensing process. These records do not ensure automatic approval; however, they can decrease the time needed for the review process.

The APELSLA Board staff is currently streamlining the application process, and to that end, will soon have architect applications available at our web site. Applicants will be able to bypass the mailing time after making the initial request to receive an application and regulations by being able to readily access the information at their convenience. After accessing the forms, the applicant can complete the forms, and mail the completed package to the Board. We anticipate the availability of forms soon and will have an update in the next edition of Dimensions.

 

New Professional Degree Requirement

Please share this information with those members of your staff who are candidates for the examination or licensure.

Effective January 1, 1998, all architect-license applicants submitting an application for examination in Virginia will be required to hold a NAAB accredited professional degree in architecture prior to being granted approval to sit for the exam. In accordance with the provisions of 18 VAC 10-20-20.B, applicants are required to meet applicable entry requirements prior to the time application is made.

Applicants for comity who submit their application to Virginia, and were initially licensed after January 1, 1998, will also be required to hold a NAAB accredited professional degree in architecture. Comity applicants who were initially licensed on or before December 31, 1997 will not be required to meet the professional degree requirement.

 

Businesses Competing for State RFP´s

In, 1997, the Department of General Services/Bureau of Capital Outlay Management (BCOM) of the Commonwealth of Virginia instituted a revised program of requesting proposals for professional services. The new process requires professionals to specify the type of organizational ownership responding to a Request for Proposals and requires a "Virginia Certificate of Authority - Dated."

The intent of the requirement is to ascertain that an organization seeking work from the Commonwealth is registered with the APELSLA Board to offer the particular professional service requested by the Department of General Services. The wording on one BCOM A/E form leads one to think that there is a "Certificate of Authority" for all organizations offering to practice professional services in the Commonwealth.

After many calls by organizations to the Department of General Services, the State Corporation Commission, and the APELSLA Board, we have realized that the form should request a "Business Registration Number and Expiration Date" granted by the APELSLA Board.

All business entities offering professional services (except sole proprietorships with only one licensed or certified employee) must register the business entity with the APELSLA Board. Many professionals believe that if their corporations are registered with the State Corporation Commission they are registered to offer professional services. Professionals must be individually licensed or certified by the APELSLA Board; corporations must be registered with the APELSLA Board and the State Corporation Commission; and all other business entities must be registered with the APELSLA Board to complete the process to offer professional services in the Commonwealth of Virginia. Each business entity registered with the Board is granted a Business Registration Number with an expiration date.

It is encouraging that the Department of General Services is requesting "up front" information certifying that those responding to Requests for Proposals provide professional services to the Commonwealth of Virginia are duly authorized by the Commonwealth to provide those services. We applaud the institution of this new program by the Department of General Services. It will help in putting all professionals (organizations offering professional services) on an even basis when seeking work from the Commonwealth.

 

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Look for these Section Symbols for articles of interest

Change of Address? Notify the Board Office in writing.

 

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This web page was last updated: 09/26/2006 12:37:00 PM