Can You Sign & Seal My Drawings?
There are many times that I am asked this question, and my answer will always be "no," but let me explain. When I take on a project I take on the responsibility and liability of the Work. There are laws that regulate the Architecture profession, just as there are laws that regulate doctors and lawyers. Every state will have similar laws that mandate how the architect's seal is used.
An architect sealing or stamping a set of drawings implies that the architect is giving his/her “seal of approval” on the design and documentation for which they had direct supervision. In today’s world sealing something for which you did not have direct supervision or control over is an unlawful use of the seal or stamp. It also cheapens the profession.
TEXAS ARCHITECT'S LICENSURE LAW § 1.104, PROHIBITIONS:
(a) Except as provided in Subsection 1.105, an Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Architect or under the Architect's Supervision and Control.
(b) If only a portion of a document was prepared by an Architect or under an Architect's Supervision and Control, the Architect's seal may not be affixed to the document unless:
the portion of the document prepared by the Architect or under the Architect's Supervision and Control is clearly identified; and
it is clearly indicated on the document that the Architect's seal applies only to that portion of the document prepared by the Architect or under the Architect's Supervision and Control.
(c) Only the Architect and any person with the Architect's consent may use or attempt to use an Architect's seal. No other person may use or attempt to use:
an Architect's seal;
a copy of an Architect's seal; or
a replica of an Architect's seal. Rules Regulating the 26 July 8, 2020 Practice of Architecture
(d) An Architect may not modify a document bearing another Architect's seal without first:
taking reasonable steps to notify the sealing Architect of the intent to modify the document; and
clearly indicating on the document the extent of the modifications made.
Once a Construction Document bearing an Architect's seal is issued, the seal may not be removed
TEXAS ARCHITECT'S LICENSURE LAW § 1.105, PROTOTYPICAL DESIGN:
(a) An Architect may not affix or authorize the affixation of the Architect's seal to a Prototypical Construction Document derived from a Prototypical design prepared by another person unless:
the Architect thoroughly reviews and makes appropriate changes to all aspects of the Prototypical design to adapt the Prototypical design to the specific site and ensure compliance with all applicable statutes, codes, and other regulatory provisions;
the Architect affixes or causes the affixation of the Architect's seal and signature and the date of signing to each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents in the manner described in Subsection 1.103(a); and
the Architect accepts full responsibility for each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents on which the Architect's seal is placed.
According to the NCARB Code of Ethics, “An architect may sign and seal technical submissions only if the technical submissions were: (i) prepared by the architect; (ii) prepared by persons under the architect’s responsible control…. “Responsible control” shall be that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.”
The seal on the Construction Documents states that these drawings comply with the applicable building codes to the best of the design professional’s knowledge. In addition, the Construction Documents are not just drawings, they are contractual documents. Each drawing comes from an understanding of a bigger picture that constitutes the project as a whole.
The architect needs to be involved in the discussions from the beginning with all the parties involved so that we understand the process of the decision making. We can then review and comment on the drawings as they are prepared, edited and finalized. We can give our “seal of approval” because we have had direct supervision and exercised reasonable control over the process.
If one understands the long journey of sacrifice that it takes to obtain a professional license, they would understand how no architect should risk the potential fines, or potential loss of that license for using it inappropriately. No fee or compensation could ever cover that loss.