Flashcards in C2A-KS20 Deck (32)
The architects practice act consists of 3 codes:
1. Business and profession
2. Corporation code
3. CA code of regulations
Article 1. General Provisions
a. Section 5500 — Architect Defined
The definition of an Architect is a person who is licensed to practice architecture in the State of California under the authority of the Architects Practice Act
b. Section 5500.1 — Practice of Architecture Defined
Offering or performing, or being in responsible control of professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures
Architects' professional services may include any or all of the following;
-Investigation, evaluation, consultation, and advise
-Planning, schematic and preliminary studies, designs, working drawings, and specifications
-Coordination of the work of technical and special consultants
-Compliance with generally applicable codes and regulations, and assistance in the governmental review process
-Technical assistance in the preparation of bid documents and agreements between clients and contractors
Section 5510 — Existence of Architects Board
The California Architects Board is a division of the Department of Consumer Affairs
Section 5510.1 — Legislature Mandate of the Board
Purpose — regulate the practice of architecture to protect the health, safety, and welfare
of the public.
The Board shall establish the minimum professional qualifications and performance
standards for admission to and practice of the profession of architecture
Section 5510.15 — Priority of Board; Protection of the Public
Protection of the public shall be the highest priority of the California Architects Board in
exercising its licensing, regulatory, and disciplinary functions
Section 5510.15 -- Person Defined
"Person" includes any individual, firm, partnership, general corporation, professional
corporation, or limited liability partnership, as authorized by the Corporations Code.
Section 5535.1 — Responsible Control Defined
The phrase "responsible control" means the amount of control over the content of all
architectural instruments of service during their preparation that is ordinarily exercised
by architects applying the professional standard of care.
Responsible Control is a VERY important concept to understand
-An architect cannot stamp and sign documents that were not produced under
his/her responsible control
-The definition of responsible control was expanded to cover ALL architectural instruments in January 2008 (the definition previously referenced "technical submissions"). See California Architects Board Newsletter Winter 2008 Page 8.
True or False. Responsible control does not mean architectural services need to be produced in the
As long as the architect is maintaining responsible control, drawings can
be produced in another part of the world (outsourced). See California Architects Board
Newsletter, Sprine 2007, Page 5 for a further explanation (also notice, the article
references "technical submissions" as this was before January 2008).
If a client comes to you and requests you to stamp a set of drawings produced by another architect, how should a respond?
Since the drawings are not produced under my responsible control, I cannot stamp and seal drawings.
Section 5535.2 - Partnerships with Non-Architects
Architects are allowed to form a business entity or collaborate with unlicensed individuals
provided that professional services are rendered under the responsible control of an
Section 5535.3 — Corporation Responsible Control
• A corporation can provide architectural services as long as professional services are provided under the responsible control of a licensed architect
Section 5536 — Practice Without License or Holding Self Out as Architect; Misdemeanor
• Misdemeanor punishable by a fine of not less than $100 or more than $5000 or by imprisonment in a county jail not exceeding 1 year or both
Misdemeanor punishable by above, for any person who is not licensed to practice architecture to affix a stamp or seal which bears the legend "State of California" or words
or symbols that represent or imply that person is so licensed by the state to prepare plans, specifications, or instruments of service
Section 5536.1 — Signature and Stamp on Plans and Documents
• All persons preparing or being in responsible control of plans, specifications, and instruments of service for others shall sign those plans, specifications, and instruments of service and all contracts therefore, and if licensed under this chapter shall affix a stamp, to
those plans, specifications, and instruments of service, as evidence of the person's responsibility for those documents.
IMPORTANT: This includes stamping and signing even those types of structures unlicensed individuals are allowed to design as clarified by the
California Architects Board Newsletter, Spring 2007, Page 7, "This requirement applies to all types of projects since it addresses a responsibility imposed on the architect, not on the project"
• 5 Items required to be on an Architect's Stamp
Name of Architect
Renewal Date (Renew every two years, don't confuse with expiration date)
State of California
Section 5536.2 — Statement of Licensure
• Each county or city which requireslthe issuance of any permit as a condition precedent to the construction, alteration, improvement, or repair of any building or shall also require as a condition precedent to the issuance of the permit a signed statement that the person
who prepared or was in responsible control of the plans and specifications for the construction, alteration, improvement, or repair of the building or structure is licensed under this chapter to prepare the plans and specifications, or is otherwise licensed in this
state to prepare the plans and specifications. (The signing and stamping satisfies this)
• The signature and stamp, as provided for in Section 5536.1, on the plans and specifications by the person who prepared or was in responsible control of the plans and specifications shall constitute compliance with this section.
• It is the responsibility of the agency that issues the permit to determine that the person who signed and stamped the plans and specifications or who submitted the signed statement required by this section is licensed under this chapter or is otherwise licensed in this state to prepare the plans and specifications.
Section 5536.25 — Liability; Damages Caused by Subsequent, Unauthorized, or Unapproved
Changes or Uses of Plans, Specifications, Reports or Documents;
A licensed architect who signs and stamps plans, specifications, reports, or documents,
shall not be responsible for unauthorized changes as long as authorization or approval was not unreasonably withheld.
Signing and stamping of plans, specifications, reports, or documents, shall not impose a legal duty to observe the construction of fixed works.
Section 5536.26 — Use of Certify or Certification by Licensed Architect
The use of the words or "certification" by a licensed architect in the practice of architecture constitutes an expression of professional opinion regarding those facts or findings that are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. Nothing in this section is intended to alter the standard of care ordinarily exercised by a licensed architect.
Section 5536.27 Liability; Building Inspections
• Architects who perform voluntary building inspection at the site of an emergency at the
request of a local official shall not be liable in negligence for any damage caused by good
faith but negligent inspection (only within 30 days of emergency)
Standard of Care
Although not defined in the Architects Practice Act (but mentioned), Standard of Care is a very important concept to understand. The Architects Handbook of Professional Practice, 13m edition, defined Standard of Care as;
"The architectis required to do what a reasonably prudent architect would do in the same community and in the same timeframe, given the same or similar facts or
Operating with a level of standard of care is common terminology in numerous professions and is usually referenced in various court cases when the court is trying to determine if someone acted within the expected level of "standard of care" , that in which
another professional would have acted in a similar fashion, given the same set of circumstances
The interior designer has asked you to show all of their furnishings and fittings on the drawings. The interior designer is not part of your project team. What do you say?
You would inform the interior designer that those drawings are not produced under my responsible control, therefore I cannot show all the furnishings and fittings on my drawings.
You can give the interior designer a background set of drawings so that the interior designer can produce his or her own set of documents.
Construction Observation Services
"Construction Observation Services" means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, "construction observation services" does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.
ARCHITECTS May design
any building of any type except:
structural portion of a hospital
May design the following:
· Single-family dwellings of woodframe construction not more than two stories and basement in height.
· Multiple dwellings containing not more than four dwelling units of wood frame construction not more than two stories and basement in height. No more than four dwelling units per lot.
· Garages or other structures appurtenant to single-family dwelling, of wood frame construction not more than two stories and basement in height.
· Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.
· Nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment, including nonstructural or nonseismic work necessary to provide for their installation.
May not design:
· Any component that changes or affects the safety of any building,including but not limited to structural or seismic components.
May design any building of any type except:
any building of any type:
Section 5536.1 — Signature and Stamp on Plans and Documents
True or False
All persons preparing or being in responsible control of plans, specifications, and instruments of service for others shall sign those plans, specifications, and instruments of
service and all contracts therefore, and if licensed under this chapter shall affix a stamp, to those plans, specifications, and instruments of service, as evidence of the person's responsibility for those documents. This includes stamping and signing even those types of structures unlicensed individuals are allowed to design as clarified by the
IMPORTANT: This includes stamping and signing even
those types of structures unlicensed individuals are allowed to design as clarified by the California Architects Board Newsletter, Spring 2007, Page 7, "This requirement applies to all types of projects since it addresses a responsibility imposed on the architect, not on the