category IIA Flashcards
(149 cards)
0
Q
Is CEQA an agency? Are plans submitted for review to CEQA?
A
// CEQA is not an agency, it is an act
// plans are not submitted to CEQA for review
1
Q
What does CEQA stand for? What is the mission and purpose of CEQA?
A
// CEQA stands for California Environmental Quality Act (1970)
// mission: require state and local agencies to identify significant environmental impacts of their actions and avoid or mitigate those impacts, if feasible
// purpose: inform governmental decision makers and the public of any potential significant effects of proposed activities on the environment and to provide opportunities to review and comment on draft documents
2
Q
Who is the lead agency and and what they responsible for?
A
// the lead agency is typically the local planning department, but could also be a state agency, depending on the project
// the lead agency has primary responsibility to complete the environmental review process required by CEQA
// they are responsible for coordinating with the project applicant, the public, and other agencies during the review process
3
Q
Who is the responsible agency and what role do they play in the CEQA review process?
A
// the responsible agency is the public agency or agencies with discretionary approval authority over a portion of a CEQA project and interfaces directly with the lead agency
// for example, the air quality management district can be a responsible agency and consult with the lead agency
4
Q
What role does the commenting agency play during CEQA review?
A
// the commenting agency is a public agency with “jurisdiction by law” over a particular natural resource, but is neither a lead agency or a responsible agency (i.e., the air quality management district is the sole local agency in the district with the responsibility for comprehensive air pollution control, and therefore reviews and comments on the air quality analysis in environmental documents submitted to AQMD)
5
Q
What is a trustee agency?
A
// a trustee agency is a state agency having jurisidiction by law over natural resources affected by a project which are held in trust for the people of the State of California
6
Q
What are two types of exemptions from compliance with CEQA?
A
// statutory exemption: projects which the california legislature has decided are not subject to CEQA procedures and policies
// categorical exemption: projects which the secretary of the resources agency has determined do not usually have a significant effect on the environment
7
Q
What happens if the project is determined to be exempt from CEQA?
A
// a notice of exemption may be filed by the state agency, who files with the office of planning and research, or the local agency, who files with the country clerk of each county in which the project will be located
8
Q
If a project is not exempt from CEQA, what is the first step taken by the lead agency?
A
// the initial study is a preliminary analysis to determine whether an EIR or a negative declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR
9
Q
What is the difference between a negative declaration and a mitigated negative declaration?
A
// negative declaration: no significant impacts were found on the environment in respect to the project and, as a result, the project may proceed as designed
// mitigated negative declaration: significant impacts were found, but the project can be revised/redesigned to avoid or mitigate those impacts and can move forward
10
Q
What is an Environmental Impact Report (EIR)?
A
// an environmental impact report is a detailed report prepared by the lead agency describing and analyzing the significant environmental effects of a proposed project, identifying alternatives and discussing ways to reduce or avoid possible environmental damage
// the project may be slowed or halted until an EIR can be prepared, reviewed, and approved
11
Q
What first step does the lead agency take when preparing an EIR?
A
// if the lead agency finds substantial evidence that a project may have a significant effect on the environment, an EIR must be prepared
// the first step is to send a notice of preparation (NOP) to the responsible agencies, and involved federal agencies to inform them of the planned EIR
// the purpose is to solicit guidance from those agencies as to the scope and content to be included in the EIR
12
Q
What is a purpose of a Notice of Completion during the EIR process?
A
// a notice of completion (NOC) is a brief notice released by the lead agency as soon as it has completed a draft EIR for public review and comment
// this begins the public review record for the EIR
13
Q
What are the minimum and maximum public and agency review periods for an EIR and when does this occur?
A
// the period for public and agency review is 30 days minimum and 60 days maximum
// if the draft EIR is sent to the state clearinghouse, the review period shall not be less than 45 days
// the review period occurs after the draft EIR has been completed and submitted for public review
14
Q
Who is the state clearinghouse and what do they do?
A
// the state clearinghouse is a division of the governor’s office of planning and research and they coordinate the state-level review of environmental documents that are prepared pursuant to the CEQA
15
Q
Define a Notice of Determination (NOD).
A
// a notice of determination (NOD) is a brief notice filed by the public agency after it approves or determines to carry out a project subject to the requirements of CEQA
// it is filed once a decision has been reached on the project, either approval of the final EIR or approval of the negative declaration by the lead agency
16
Q
Name seven impacts a project can have on the environment.
A
// storm water runoff
// parking implications
// pollution from equipment
// damage to wildlife and plants
// increase in traffic, noise
// soil erosion
// modifications to wetlands
17
Q
Describe the CEQA review process for a non exempt project.
A
// lead agency performs initial study
// decision to prepare EIR or negative declaration. for EIR: notice of preparation sent to responsible agency, draft of EIR prepared by lead agency
// public review period: 30-60 days for EIR, 20-30 days for negative declaration
// decision on project: file notice of determination with county clerk/office of planning & research
18
Q
What is the Essential Services Buildings Seismic Safety Act (ESBSSA) and where can it be found?
A
// the essential services buildings seismic safety act of 1986 determined that buildings providing essential services should be capable of providing those services after a disaster
// requirements include that such buildings shall be designed and constructed to minimize fire hazards and to resist the forces of earthquakes, gravity, and winds
// it is contained in the california health and safety code, section 16000 - 16022
19
Q
What four nonstructural components are vital to the operation of essential services buildings?
A
// these nonstructural components shall be able to resist, insofar as practical, the forces generated by earthquakes, gravity, fire, and winds
// communication systems, main transformers, switching equipment, emergency backup systems
20
Q
Name the six types of Essential Services Buildings.
A
// fire station
// police station
// california highway patrol station
// california operations center
// sheriff’s office
// emergency communication dispatch center
21
Q
Who is the enforcement agency for essential services buildings?
A
// drawings and specifications must be submitted for review and approval to the enforcement agency, one of the following:
// local agency: county or local building & safety department if the facility is not owned by the state of California
// division of the state architect - state owned facilities and facilities leased by the state
22
Q
What two types of buildings are exempt from the Essential Services Buildings Seismic Safety Act?
A
// one story type V construction less than 2,000 sf
// type II N construction less than 2,000 sf
23
Q
Who must prepare drawings for an essential services building?
A
// all drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer who shall sign all drawings and specifications for approval of the enforcement agency
// if the work does not involve architectural or structural conditions, drawings and specifications may be prepared by a registered professional engineer qualified in the type of engineering appropriate to the project
24
What qualifications must a building inspector have to be considered competent and adequate by the local enforcement agency?
// to be qualified, inspectors shall have an adequate level of expertise and experience in the subject matter for which they have responsibilities for inspection
// qualification shall include current certification by the International Conference of Building Officials (ICBO) or meet qualifications according to the International Building Code
25
What is considered "Periodic Review of Construction"?
// periodic review of construction means the knowledge which is obtained from periodic site visits of reasonable frequency for the purposes of general observation of the work and also which is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of what is performed between those periodic site visits
26
Who prepares reports for submittal to the enforcement agency during construction of an essential services building?
// the architect, general contractor, and qualified inspector hired by the owner all must prepare reports for submittal to the enforcement agency and also must review reports made by others
// these reports show that to each of their own personal knowledge, the work has been performed and materials installed in accordance with drawings and specifications
27
True or false - the architect must perform contract administration on an essential services building.
// true
// for essential services buildings, it is required that the architect perform contract administration
// this is generally included in basic services for other project types, but is required to be performed on an essential services building, hospital, or public school project
28
What role does the Division of the State Architect play during design and construction of an essential services building according to the Essential Services Buildings Seismic Safety Act (ESBSSA)?
// the Division of the State Architect is responsible for the following:
// observe the implementation & administration of the ESBSSA
// provide advice and assistance to local jurisdictions regarding essential services buildings
// hear appeals relative to administration of ESBSSA
29
What is the difference between the California Code of Regulations and the California Buildings Standards Code?
// the California Code of Regulations contains all of the regulations adopted, amended, or repealed by the state agencies pursuant to the Administrative Procedure Act
// it is divided into 28 titles
// the California Building Standards Code is contained within the California Code of Regulations as Title 24
30
What is the difference between the California Building Standards Code and the California Building Code?
// the California Building Standards Code contains all of California's building codes and is responsible for adopting, approving, administering and implementing codes and standards
// the California Building Code is contained wihin the California Building Standards Code as Part 2
31
True or false: Title 24 refers to energy calculations submitted to local building departments.
// false
// it is a common misnomer to perceive Title 24 as compliance with the energy code
// title 24 refers to the entire California Building Standards Code
// the energy code is just one small part of title 24, namely part 6
32
How many parts are contained within the California Building Standards Code?
// there are 12 parts to the California Building Standards Code, with an addition of part 2.5 California Residential Building Code for 2010
// part 7 is no longer published
33
What are the key components of the California Building Code that the Building Department will review during plan check?
// occupancy type, construction type
// building or floor area, building height
// exits/egress
// building separation and shafts, fire protection and extinguishing systems
// accessibility requirements
// engineering requirements
34
What is the main purpose of the California Building Code (CBC)?
// the main purpose of the code is to establish the minimum requirements to safeguard the public health, safety, and general welfare
35
What are the 10 occupancy classifications contained in the CBC?
// A - assembly
// B - business
// E - educational
// F - factory industrial
// H - hazardous
// I - industrial
// M - mercantile
// R - residential
// S - storage
// U - utility & misc
36
Define the five different construction types.
// type I: steel, reinforced concrete, masonry construction, non-combustible structure required and fire-resistive
// type II: same as type I
// type III: same as I and II but can include wood except in the structural frame
// type IV: heavy timber
// type V: steel, reinforced concrete, masonry or wood construction
37
What are the five main concerns to determine at the beginning of a project?
// at the beginning of a project, it is important to determine the following:
// occupancy group
// type of construction
// location of building on the property
// allowable floor area
// height and number of stories
38
What is contained in Chapter 7A of the CBC and how is this inclusion different from model codes?
// chapter 7A of the CBC is included within Chapter 7 - Fire Resistance Rated Construction and refers to Materials and Construction Methods for Exterior Wildfire Exposure
// it applies to building materials, systems and/or assemblies used in exterior design of new buildings located within a wildland-urban interface fir area
// this chapter is unique to the CBC as it is not found in model codes
39
What chapter of the CBC address accessibility and what do the two separate parts apply to?
// chapter 11 of the CBC covers accessibility and is broken up into two parts:
// 11A: housing accessibility: applicable to multi-family buildings
// 11B: accessibility to public buildings - public accommodations, commercial buildings and publicly funded housing
40
What is the scope of Part 2.5: California Residential Building Code of the California Building Standards Code?
// part 2.5 - California Residential Building Code is based on the 2009 International Residential Building Code and applies to every detached one and two family dwellings, townhouses not more than three stories above grade plane in height with a separate means of egress, and accessory structures
41
What are the five areas of focus of Part 8 - California Historical Building Code?
// the purpose of the California Historical Building Code (CHBC) is to provide regulations for buildings or properties designated as qualified historical buildings or properties for the following areas:
// preservation
// restoration
// rehabilitation
// relocation
// reconstruction
42
How do accessibility requirements of the California Historical Building Code (CHBC) affect a historical building and which are most critical?
// the intent of the CHBC is to preserve the integrity of qualified historical buildings while providing access to and use by persons with disabilities
// the regular code (CBC chapter 11B) shall be applied to qualified historical buildings unless strict compliance will threaten or destroy the historical signficance of the building
// most critical are life safety issues include building structure, building access and public restrooms
43
How is a structural survey utilized in the restoration of a historical building?
// a structural survey will evaluate any deterioration or signs of distress as well as determine the details of structural framing and the system for resistance of gravity and lateral loads
// results of the survey shall be utilied for evaluating the structural capacity and for designing modifications to the structural sustem to reach compliance with the CHBC
44
What is the scope and purpose of Part 10: California Existing Building Code?
// part 10 - California Existing Building Code is meant to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing walls
// the scope of this part shall apply to all buildings having at least one unreinforced masonry bearing wall
45
What five areas does Part 11 - California Green Building Standards Code (CALGreen) encourage as sustainable construction practices?
// part 11 - California Green Building Standards Code encourages sustainable construction practices in the following categories:
// planning & design
// energy efficiency
// water efficiency and conservation
// material conservation and resource efficiency
// environmental quality
46
What is the scope of the CALGreen Code?
// the CALGreen code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the state of California
47
How is the California Building Standards Code (CBSC) different from model codes?
// the CBSC (specifically the CBC) is distinct from model codes in the following ways:
// more stringent seismic design requirements
// more stringent structural tests and special inspections
// chapter 7A wildfire exposure
// chapter 11A & 11B - accessibility requirements developed and maintained by DSA
// CBSC includes California Energy Code (part 6)
48
Name five state agencies that have amended a section of the model code and area included in the CBSC in brackets.
// SFM: Office of the State Fire Marshall
// HCD: Department of Housing and Community Development
// OSHPD: Office of Statewide Health Planning and Development
// DSA-AC: Division of State Architect - Access Compliance
// CA: Department of Consumer Affairs
49
What information is covered in the chapters regarding structural provisions of the CBC?
// chapter 16: general design criteria for structures
// chapter 17: testing & inspection of materials
// chapter 18: soils, site, grading, and foundations
// chapter 19: concrete
// chapter 20: aluminum
// chapter 21: masonry
// chapter 22: steel
// chapter 23: wood
50
Define Dead Load vs. Live Load.
// dead load: the weight of materials and construction incorporated into the building including walls, floors, roofs, ceilings, stairways, built-in partitions, finishes, cladding and equipment attached to the structure
// live loads: loads produced by use & occupancy of the building (furniture, people, etc.), not including wind, snow, rain, earthquake, flood or dead loads
51
What are three methods for resisting lateral forces in a structure?
// shear wall: reinforced concrete, reinforced masonry, steel, plywood over wood studs, resists lateral forces by developing shear in its own plane (parallel) and cantilevering from its base
// moment frame: steel or concrete, resists lateral forces by a bending action
// braced frame: steel, reinforced concrete or timber, resists lateral forces by the cross bracing
52
Describe four occupancy categories associated with Chapter 16 - Structural Design of the California Building Code.
// category I: low hazard to human life in the event of a failure (agricultural, temp, storage)
// category II: buildings not categorized by I, III, or IV
// category III: substantial hazard to human life in the event of a failure (schools, prisons, urgent care)
// category IV: essential facilities (hospitals, fire & police stations, water treatment plants). don't confuse with essential services buildings
53
Name five occupancies/uses with Uniformly Distributed Live Loads as found on Table 1607.1.
// assembly areas, fixed seats, 60 psf
// corridors: 100 psf
// residential, R-3: 40 psf
// stadiums & arenas, bleachers: 100 psf
// handrails and guardrails: 50 lbs per linear foot
54
How are roof live loads determined? What are the provisions for landscape roofs?
// minimum roof live loads are based upon roof slopes
// landscape roofs shall use a uniform design live load of 20 psf in the landscaped area. the weight of the landscaping materials shall be considered as dead load and shall be computed on the basis of saturation of the soil
55
What factors must be taken into consideration for soil lateral loads?
// basement, foundation, and retaining walls shall be designed to resist lateral soil loads
// these elements must be designed to resist overturning, sliding, excessive foundation pressure and water uplift
56
According to the CBC, what is the definition of a non-structural element?
// non-structural elements are those elements that are not part of the structural system, either for resisting gravity loads or part of the seismic resisting system
// these elements must be seismically restrained to resist both horizontal forces and uplift (vertical movement)
57
Name four architectural non-structural components that must be properly secured.
// interior non-structural walls and partitions: full height must utilize slip track toisolate from structure, partial height must be braced to structure above
// suspended ceiling: must be attached to rigid subframe
// cabinets & equipment: must be properly secured
// signs & billboards: must be properly braced
58
Name five mechanical and electrical non-structural components that must be properly secured.
// boilers and furnaces: must be properly secured
// HVAC system: ducts properly braced
// piping system: pipes isolated and braced
// surface mounted lighting: properly secured
// suspended lighting: properly braced to structure above
59
What are some non-structural concerns for specific building types?
// library: book stacks need to be properly anchored together as well as secured to floor and structural deck above
// church: the cross needs to be properly secured and braced
// gas station: signage needs to be properly secured and braced
// auditorium: bleachers need diagonal bracing
60
What types of structures are exempt from the accessibility provisions of the CBC?
// privately funded single family homes and duplexes
// privately funded multi-family projects of three or less units in a condomimium project
61
Why are the CBSC accessibility requirements generally more stringent than the federal Americans with Disabilities Act (ADA) requirements?
// the regulations in California were developed by the DSA Access Compliance eight years before the US Congress passed the ADA in 1990
// the current CBSC was written to provide a single code which would meet all of the most stringent requirements of the original CBSC, as well as the 1991 Federal Fair Housing Amendments Act and ADA Accessibility Guidelines
62
Who is the building official?
// the "building official" is the officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative in accordance with state law
// local cities and counties have building officials who regulate construction in their jurisdiction
// state funded construction on state property is often regulated by a state agency
63
What kind of waivers are available to owners for compliance with the CBC accessibility requirements?
// a building owner must get a final determination from the local building official that their project has an unreasonable hardship
// this is rarely granted for new construction
// existing buildings undergoing alteration are sometimes allowed to depart from the literal requirements of the building code only when equivalent facilitation is provided
64
Who has the final determination for code enforcement issues?
// in general, only the local building authority can make final determinations regarding code enforcement issues
65
What are three site accessibility features to consider during project design?
// sidewalks: min width 48", max surface cross slope 1/4"
// accessible partking: min 9' x 18' with 5' wide no parking strip, 8' wide at van parking stall
// building entrance: located on accessible route of travel
66
Name five building accessibility provisions to consider during project design.
// entrances and exits: all entrances and exterior ground floor exit foors are to be accessible
// doors: min clear opening of 32", level 60" landing in direction of door swing
// stairs: handrails on each side, max tread 11", max riser 7", no open risers
// ramps: min width 48", max slope 1:12, min landing width 60"
// corridors: min width 44" for load > 10
67
Name two public restroom/shower design provisions to consider during project design.
// lavatory: max counter height 34", min 30"x48" clear floor space for forward approach
// toilet facilities: 60" min circular turning diameter, toilet to be min 17" and max 19" in height
68
What are design concerns to consider for sight and hearing impaired users?
// sight impaired: audible fire alarms, tactile warning strips at areas for low hanging overhead projections or changes in floor elevation, braille signage is required
// hearing impaired: flashing strobe fire alarms, text telephone stations, assisted listening devices
69
Does the building and safety plan checker review for compliance with ADA?
// no, the building and safety plan check is only reviewing the drawings for compliance with the accessibility provisions of the california building code, chapter 11a or 11b. they do not review for ADA compliance
70
What are the two types of systems or methods for providing fire-resistive protection?
// passive: built into the building structure and provides a barrier between the structure and fire. chapter 7 of the CBC discusses these requirements
// active: fire protection systems, such as fire sprinklers, responds to fire activation of systems to suppress fire and smoke. chapter 9 of the CBC discusses these requirements
71
What is the definition of fire-resistance rating for a building material?
// fire-resistance rating: the period of time a building element, component or assembly maintains the ability to confine a fire, continues to perform a given structural function, or both
72
Define fire walls vs fire barriers.
// fire walls: a fire-resistance rated wall having protected openings, which restrict the spread of fire and extends continuously from the foundation to or to the roof
// fire barrier: a fire-resistance rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained, such as separating different occupancies or to divide a single occupancy into different fire areas
73
Define smoke barriers vs. smoke partitions.
// smoke barriers: a continuous membrane, either vertical or horizontal such as a wall, floor, or ceiling assembly, that is designed and constructed to restrict the movement of smoke
// smoke partitions: extends from the top of the foundation or floor below to the underside of the floor or roof sheathing, deck, or slab above or to the underside of the ceiling above to limit the transfer of smoke
74
What is the definition of Means of Egress?
// means of egress: a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of building or structure to a public way
// consists of three separate and distinct parts: the exit access, the exit, and the exit discharge
75
What are egress requirements for exit access travel distance?
// maximum length of exit access travel distance as measured from the most remote point to the entrance to an exit along a "natural and unobstructed path of egress travel"
76
What are egress requirements for an exit discharge?
// exit discharge: exits shall discharge directly to the exterior of the building with exceptions that may not exceed 50% of the number and capacity of required exits per section 1027.1
// egress courts are open spaces that provide access to a public way from one or more exits
// minimum width shall not be less than 44" and shall have an unobstructed height of 7'
77
What are three responsibilities of the California Energy Commission?
// forecast future energy needs and keep historical energy data
// promote energy efficiency by setting state's appliance and building efficiency standards and enforcing them through local government
// support renewable energy by providing market support to existing, new and emerging renewable technologies and provide incentives for solar, wind, and fuel cell electricity systems
78
Who is responsible for compliance review and field enforcement of the California Energy Code?
// compliance with the energy code is plan checked by the local building and safety plan checker and enforced in the field by the local building official
79
The California Energy Code is not Title 24, as commonly mistaken by many plan checkers. What is the correct name for this section of the code?
// although most plan checkers will request "title 24 calcs" with drawing submittals, they are really asking for documents that will illustrate compliance with part 6 of title 24, the california energy code
80
Name six mandatory requirements of the California Energy Code for achieving energy efficiency.
// space conditioning equipment
// water heating equipment
// glazing requirements
// building envelope and fenestration
// insulation requirements
// lighting systems and equipment
81
Describe the performance approach method of compliance with the California Energy Code.
// performance approach: most detailed, complex, and flexible compliance path
// based on computer calculations according to actual building geometry and site placement (solar orientation, overhangs, size of openings, etc)
// primary concerns include: heat gain/loss through walls, roof, windows, etc, solar gain from windows, skylihgts, etc, heat storage effects from thermal mass, systems for HVAC, lighting, water heating
82
Describe the prescriptive approach method of compliance with the California Energy Code.
// simpler method, less design flexibility
// components must comply with the respective section of the energy code, such as the building envelope, space conditioning equipment, service water heating system, lighting system, outdoor lighting system, indoor and exterior signs
83
Who is responsible for signing the Certificate of Compliance for the California Energy Code?
// the certificate of compliance is signed by the person(s) responsible for the building design to certify compliance with part 6
// if more than one person has responsibility for the design, each person shall sign the certificate of compliance documents, i.e. the architect and the person who prepared the report
84
What information must the builder leave behind for the owner after final inspection?
// operating information: includes information and instructions on how to operate the features, materials, components and mechanical devices correctly and efficiently
// maintenance information: include information for all features, materials, components and manufactured devices that require routine maintenance for efficient operation
85
What is the California Health and Safety Code?
// california law consists of 29 codes, of which the health & safety code is one
// these codes cover various subject areas, the state constitution an statues
// the intent of the california health and safety code is to protect the health and safety of the public and acts as the main source for many of the codes applicable to building design and construction
86
What five codes, acts, or regulations are included in the California Health and Safety Code that would be applicable to a project?
// essential services buildings seismic safety act
// california code of regulations - title 24
// air resources
// california retail food code
// hospital facilities seismic safety act
87
What is the focus of Air Resources - Section 39000?
// to safeguard the public interest by an intensive coordinated state, regional and local effort to protect and enhance the ambient air quality of the state
// the state is divided into air basins and provides incentives for regional strategies to promote air quality
// local and regional authorities have primary responsibility for control of air pollution, except from vehicles, which is controlled by the state air resources board
88
Name four requirements of the California Retail Food Code.
// floors: smooth, non-absorbent, easily cleanable, drains required if water flushed
// walls & ceilings: durable, smooth, non-absorbent, easily cleanable
// toilet facilities: situated so patrons do not pass through food prep, storage or washing areas
// sinks: 3 compartments for dishwashing, hand washing sinks provided in each food prep area, janitorial sink located away from food areas
89
In terms of the design professionals lien laws, what four groups are considered design professionals?
// licensed architect
// licensed landscape architect
// registered professional engineer
// licensed land surveyor
90
What are the five steps included in the process of imposing a Design Professionals Lien?
// has construction commenced? if so, lien does not apply; must use mechanics lien
// determine governmental approval: if no building permit or approval, lien not available
// send demand letter: 10 days prior to recording lien, issue landowner payment demand
// record lien: in county of project location, no later than 90 days after work will not commence
// enforce lien: file suit within 90 days of lien
91
What is a Design Professionals Lien?
// design professional lien - right to record a lien on a property before construction begins if a building permit or other governmental approval has been obtained
// design professionals liens are available on public or private projects
92
What are three conditions that will cause a Design Professionals Lien to expire?
// the lien will automatically expired if:
// design professional does not file suit to enforce the lien
// the work commences on the project
// landowner partially or fully satisfies the lien, design professional shall execute and record a document as applicable
93
What is a Mechanics Lien?
// a mechanics lien is a legal claim against real property for satisfaction of a debt (i.e. you or another individual perform work on a private project and are not paid for your service or materials, you can file a mechanics lien)
// not allowed on public projects
// does not affect the ability to pursue other remedies
94
Who has rights to file a Mechanics Lien?
// any individual that supplies labor or materials on a private project have mechanic lien rights, including, but not limited to:
// contractors, subcontractors
// material supplier, equipment lessor
// laborer
// design professional (architect, engineer, etc)
95
What is a Preliminary 20 Day Notice?
// within 20 days of furnishing labor or materials, subcontractors must serve a preliminary 20 day notice to owner, by certified first class mail or in person, which allows the owner to be made aware of the lien rights of the subcontractors/vendors
// this helps protect their lien rights in case they need to file a mechanics lien for failure of payment
96
What are the consequences of not sending a Preliminary 20 Day Notice to the owner?
// failure to send the preliminary 20 day notice can cause the subcontractors/vendors to lose some or all of their lien rights
97
Which parties are exempt from sending a Preliminary 20 Day Notice to the owner?
// architects and general contractors do not have to send a preliminary 20 day notice as they have a direct contract with the owner
98
What timeframes are important to be aware of regarding Mechanics Liens?
// if a notice of completion or notice of cessation (work has formally stopped) is NOT filed by the owner, the lien filing period is 90 days from completion of construction
// if the notice of completion or notice of cessation is filed, the lien period is reduced to: 60 days for prime contractors, 30 days for subcontractors
99
Why is filing a Notice of Completion advantageous to the owner?
// an advantage to the owner of filing the notice of completion is that it reduces the period in which claimants can file a lien, thus reducing the owner's window of liability
// if the notice of competion or notice of cessation is filed, the lien period is reduced from 90 days to 60 days for prime contractors and 30 days for subcontractors
100
What is a Stop Notice?
// a stop notice is a lien against funds. the procedure for filing a stop notice is similar to a mechanics lien. stop notices can be used on private or public projects
// private projects: serve stop notice to lender
// public projects: serve stop notice to owner of public work
101
What is the main difference between the filing of a Stop Notice and a Mechanics Lien?
// a stop notice may be filed on a public project or private project
// a mechanics lien cannot be filed on a public project
102
Define a Bonded Stop Notice.
// bonded stop notice: a stop notice presented to a construction lender accompanied by a bond with good and sufficient sureties for 125% of the claim
// if a bonded stop notice is presented to the lender, the lender does not have the option to withhold funds
103
How does a Notice of Non-Responsibility protect the owner?
// a notice of non-responsibility is utilized when a tenant (not owner) of a space is performing work and the owner (landlord) wants to protect themselves from any liens stemming from the failure of the tenant to pay contractors and vendors
// the notice of non-responsibility is completed by the owner and physically posted at the construction site
104
What are five ways an architect can help protect an owner from liens being filed.
// have the owner request the contractor to purchase a performance bond and a payment bond
// receive a signed lien release from subcontractors at time of payment
// architect process contractor's request for payment in a timely manner
// collect and hold retainage and release of liens
// recommend the owner file notice of completion with county recorder to reduce lien period
105
Name three Water Regulations applicable to the design process in California.
// Clean Water Act: regulates discharges of pollutants into the waters of the US, quality standards for surface waters
// California Water Code: provides protection of water quality and allocation
// Department of Water Resources: administers California Water Plan for future usage
106
How does the State Water Resources Control Board affect a design and construction project?
// the state water board's mission is to preserve, enhance, and restore the quality of California's Water resources and ensure their proper allocation and efficient use for the benefit of present and future generations
// they will typically be involved in the review of a project at the regional level (regional water quality control board) and will be concerned with any water related issues on site
107
How many regional water quality control boards exist in California and what is their purpose?
// there are 9 regional water quality control boards which develop and enforce water quality objectives and implementation plans that will best protect the state's waters, recognizing local differences in climate, topography, geology and hydrology
// water quality monitoring usually falls under the regional water quality control board
108
What three steps are involved in issuing a Mechanics Lien?
// 1 - serve notice of mechanics lien: must serve on the owner by registered mail prior to recording
// 2 - record mechanics lien: at county recorder's office in county where project is located
// 3 - enforce mechanics lien: file suit within 90 calendar days from date of filing
109
What is the function and purpose of the California Coastal Act (1976)?
// the California Coastal Act establishes a far reaching coastal protection program and made permanent the California Coastal Commission
// the Commission plans and regulates development and natural resource use along the coast in partnership with local governments and in keeping with requirements of the Coastal Act
110
Name five issues addressed by the California Coastal Act.
// shoreline public access and recreation
// terrestrial and marine habitat protection
// landform alteration
// offshore oil and gas development
// transportation and development design
// water quality
111
What are the most significant provisions of the federal Coastal Zone Management Act?
// the California Coastal Commission and Bay Conservation and Development Commission are the two designated coastal management agencies to administer the federal Coastal Zone Management Act
// the CZMA gives state coastal mangement agencies regulatory control over all federal coastal activities
// this is important because it is often the only review authority over federal coastal activities given to any state agency
112
Which part of the coastal zone is not included in the California Coastal Act?
// the coastal zone established by the Coastal Act does not include the San Francisco Bay, where development is regulated by the Bay Conservation and Development Commission (BCDC)
113
What is required before a project may commence in a coastal zone and what program must be followed?
// development within the coastal zone may not commence until a Coastal Development Permit has been issued by either the Commission or a local government that has a Commission-certified local coastal project
// the project must follow the guidelines laid out in the Local Coastal Program
114
What is a Local Coastal Program and who develops it?
// a local coastal program (LCP) contains basic planning tools used by local governments to guide development in the coastal zone.
// LCPs contain ground rules for future development and protection of coastal resources, specify appropriate location, type and scale or new or changed uses of land and water, and include land use plans
// prepared and developed by local governments
115
What regulations in the California Coastal Act affect public access and recreation?
// public access: development not to interfere with right of access to sea, public access to be provided from nearest public roadway to shoreline, unless saftey hazards exist
// recreation: areas suited for water activities shall be protected for such uses, encouragement of recreational boating use by developing dry storage areas and increasing public launching facilities
116
Name three ways a project can minimize adverse impacts in the Coastal Zone?
// assure stability and structural integrity and neither create nor contribute significantly to erosion, geological instability or destruction of area
// maintain consistency with requirements imposed by an air pollution control district or state board
// protect special communities and neighborhoods that are popular visitor destination points for recreational use
117
What are five types of development along the coast that would require a Coastal Development Permit?
// placement of any solid material or structure
// change in land use density or intensity
// change in intensity of water use or access to water
// removal of major vegetation
// any development which constitutes a major public works project or a major energy facility
118
What are three project types that are exempt from a Coastal Development Permit?
// improvements to existing single family dwellings
// improvements to any structure provided there are no adverse affects on the environment, public access or that involve a change in use contrary to the California Coastal Act
// maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area
119
What major element of the California Clean Air Act sets it apart from federal regulations?
// the California Clean Air Act provides the basis for air quality planning and regulations independent of federal regulations
// a major element of the Act is the requirement that local air districts in violation of the California ambient Air Quality Standards must prepare attainment plans that identify air quality problems, causes, trends, and actions to be taken to attain and maintain California's air quality standards
120
What is the intent of the California Public Contract Code?
// to clarify the law with respect to competitive bidding requirements
// to ensure full compliance with competitive bidding statues as a means of protecting the public from misuse of public funds
// to provide qualified bidders a fair opportunity to enter the bidding process, stimulating competition
// to eliminate favoritism, fraud and corruption in the awarding of public contracts
121
What are some requirements of the California Public Contract Code?
// requires competitive bidding
// requires bidders to obtain performance bonds
// requires bidders to obtain payment bonds
// bidders must complete prequalification process
// must utilize equal or open specifications
// must be advertised publicly
// bids must be opened publicly
// contract awarded to lowest qualified/responsible bidder
122
Describe the Field Act.
// the purpose of the Field Act is to protect children and staff from death and injury in public schools grades K-14 and protect the public's investment in school buildings during and after earthquakes
// applies to public schools K-12 and community colleges
// the Field Act was enacted in 1933 after the Long Beach earthquake which destroyed 70 schools and damaged 120 others
123
Who has jurisdictional authority to enforce the Field Act and what is the Architect's and Owner's role during construction?
// Division of the State Architect is the jurisdictional authority
// plans and specs are reviewed and approved including structural, fire and life safety and accessibility
// architect is required to provide construction administration services and any changes to the drawings or specs must be approved by DSA
// a DSA certified inspector, hired by the owner, must oversee construction and verify reports sent to DSA after completion
124
What prompted the seismic safety deadlines of the Hospital Facilities Seismic Safety Act and what are they?
// prompted by the Northridge earthquake in 1994 which caused 23 hospitals to lose service. seismic safety deadlines include:
// 2013: at risk inpatient buildings must be rebuilt, retrofitted or closed
// 2030: all hospital buildings in state must be operational following a major earthquake
125
What are the three codes that make up the Architects Practice Act?
// Business and Professions Code - Chapter 3, Division 3
// Corporations Code
// California Code of Regulations - Title 16, Division 2
126
Define an Architect as set forth in the Architects Practice Act.
// an architect is a person who is licensed by the California Architects Board to practice architecture in the State of California under the authority of the Architects Practice Act
127
How does the Practice Act define the Practice of Architecture?
// 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
// this applies to all persons whether licensed or not, whether they are independent consultants, firm principals, or employees
128
What is the purpose of the California Architects Board and what department is it a subdivision of?
// purpose - to regulate the practice of architecture to protect the health, safety, and welfare of the public
// the board establishes the minimum professional qualifications and performance standards for admission to and practice of the profession of architecture
// CAB is a division of the Department of Consumer Affairs
129
What is "responsible control" as defined by the Architects Practice Act?
// 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
// an architect cannot stamp and sign documents not produced under his/her responsible control
130
Can an architect demonstrate responsible control even if a project drawing set is produced outside of his/her office?
// yes, as long as the architect is maintaining responsible control, drawings can be produced in another office or in another part of the world
131
What are the consequences for practicing without a license or holding one's self out as an architect?
// 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
132
Must a licensed architect stamp and sign documents? Why?
// yes. all persons preparing or being in responsible control of plans, specifications and instruments of service for others shall sign those documents and all contracts as well as affix a stamp as evidence of the person's responsibility for those documents
133
Does a licensed architect need to stamp and sign documents for structures unlicensed individuals are allowed to design?
// yes. even though an unlicensed individual can design certain structures, once licensed an architect must sign and stamp all documents within his/her responsible control
// this requirement applies to all typoes of projects since it addresses a responsibility imposed on the architect, not on the project
134
What five items are required to be on an Architect's stamp?
// name of architect
// license number
// renewal date (not expiration date)
// state of california
// licensed architect
135
Who has the responsibility of verifying a licensed individual has produced project plans and specifications?
// 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 is licensed to prepare the plans and specifications
136
What are three liability factors an architect is not responsible for once project documents are signed and stamped?
// not responsible for unauthorized changes to plans, specs, reports, or documents as long as approval was not unreasonably withheld
// no legal duty to observe the construction of fixed works
// construction observation is periodic observation to determine general compliance with plans, specs, etc, not to supervise construction, operations, site conditions, equipment, or site safety
137
How does the Architects Handbook of Professional Practice define Standard of Care?
// the architect is required to do what a reasonably prudent architect would do in the same community and in the same time frame, given the same or similar facts or circumstances
138
What does SCANT stand for?
// S: services - description of services to be performed
// C: compensation - basis of compensation
// A: addresses - name, address, license number of architect and name and address of client
// N: new services - additional service at hourly rate
// T: termination - description of procedure for termination of contract
139
Under what conditions is a written contract not required?
// professional services rendered when the client will not pay compensation
// arrangement as to the basis for compensation is similar to provided in the past for the same client
// if the client knowingly states in writing after full disclosure that a contract is not required
// professional services rendered to a registered professional engineer
140
How is the practice of architecture administered and which agency regulates it?
// the practice of architect is administered in three ways: examination, licensing, and enforcement
// the California Architects Board (CAB) is the regulating agency
141
What types of structures can drawings be prepared for by an unlicensed individual?
// single family detached dwellings of wood frame construction no more than 2 stories plus basement in height
// multiple dwelling units (no more than 4) wood frame construction, 2 stories plus basement in height
// garages or similar of wood frame construction, 2 stories plus basement in height
// wood frame agricultural and ranch buildings, unless deemed unsafe by building official
142
Name six violations that can result in a license being suspended or revoked.
// violation of the Architects Practice Act
// fraud in obtaining a license
// impersonating an architect
// negligence or willful misconduct
// incompetency or recklessness
// disciplinary action taken by another public agency
143
When does a license expire and what are the guidelines for renewal of an expired license?
// licenses expire on the last day of the birth month of the license holder in each off-numbered year, following the issuance or renewal of the license
// a license which has expired may be renewed anytime within five years after its expiration
// a license which is not renewed within five years after its expiration may not be renewed, restored, or reissued
144
Can architect form a limited liability company (LLC)?
// no. according to the Corporations Code, a domestic or foreign limited liability company is not permitted to render professional services, which means that architects cannot legally form a limited liability company
145
According to the California Code of Regulations, how must the term "architect" be used?
// it is considered unlawful for any person to use a business name that includes as part of its title or description of services the term "architect", "architecture", or "architectural", or any abbreviations or confusingly similar variations thereof, unless that person is a business entity where an architect is owner, employee, or in management control of the professional services provided
146
What stipulations are placed on a person who uses the term "architect" in their business name?
// if a person uses a business name that includes as part of its title or description of services "architect", "architecture", or "architectural", or any abbreviations or confusingly similar variations thereof, all professional services offered and provided by that person are to be offered and provided by or under the responsible control of an architect
147
Name three situations that would be considered a conflict of interest to an architect.
// an architect shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all parties
// an architect shall not solicit or accept monetary compensation for specifying materials or products
// an architect shall endeavor to secure faithful performance for all parties to the construction contract and shall not show partiality to any party
148
What is the difference between construction documents and construction drawings?
// construction drawings are the drawings produced during the construction document phase and include plans, elevations, sections, details, etc
// construction documents are the third phase architect's scope of basic services and consists of the construction drawings and the project manual
