Expert: Richard Taylor, AIA - 5/11/2011

Question
I represent a building contractor.  The Architect who provided the drawings for a residential addition has passed away before the plans have been reviewed by the building subcode official.  There were additional drawings (foundation detail) the Architect sent just before he died.  Do we need to have a new Architect submit plans with his seal or can the process procede even though the Architect is deceased?

Answer
Lou - thanks for your question - definitely the first time I've heard of this situation!

I think you're going to need a new Architect.  Problem is, even though the plans are sealed, there's no one to be responsible for the work - making the seal irrelevant.

I'd make several calls - one to the NJ State Board of Architects (Charles Kirk, PO Box 45001 Newark, NJ 07101, (973) 504-6385) to ask this same question.  I'd also make sure the Architect's estate is aware of the situation.

Next I'd call your local building department (with the same question), and finally, if needed, contact another Architect to complete/review the work.

Typically, an Architect can't seal another's drawings unless he participated in preparing them, but this is obviously a unique situation.  You do however, need the blessing of the State Board to proceed (I assume).

You may have a loophole, however.  I don't know the NJ laws, but in my state it's not required for an Architect to stamp residential project drawings.  If you have the same situation in NJ, you may not need another Architect.  But you'd probably better let everyone know what's going on either way.

Hope this helps,

Richard Taylor, AIA
www.rtastudio.com
www.rtastudio.blogspot.com