Regulatory A Flashcards
(295 cards)
1
Q
What are the two basic purposes of CEQA?
A
- Inform decision makers and public about the impacts of proposed actions and mitigate effects, if possible.
- Provide opportunities for other agencies to review and comment on draft documents.
2
Q
True/False: CEQA is an agency.
A
False. It’s an ACT.
3
Q
Yes/No: Plans are submitted to CEQA as part of document review.
A
FALSE. Remember that CEQA is an act, not an agency!
4
Q
After which 2 events does the CEQA public review period occur?
A
Lead agency files notice of completion and gives public notice of availability for draft EIR.
Lead agency gives public notice of availability of Negative Declaration.
5
Q
Define lead agency as it relates to CEQA.
A
Public agency with the primary responsibility to complete the required environmental review process.
Agency must coordinate with all parties.
6
Q
Define responsible agency as it relates to CEQA.
What is its relationship to the lead agency?
A
Public agencie/agencies with discretionary approval authority over a portion of a project.
Interfaces directly with the lead agency.
7
Q
Define commenting agency as it relates to CEQA.
A
Public agency with “jurisdiction by law” over a particular resource but is neither a lead agency nor a responsible agency.
Basically it’s a group with a vested interest by law over a portion of the project, but is not a direct stakeholder.
8
Q
Define trustee agency as it relates to CEQA.
A
State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the state of California.
9
Q
What is a statutory exemption in CEQA?
A
A statutory exemption applies to projects which the California legislature has decided are not subject to CEQA procedures and policies.
10
Q
What is a categorical exemption in CEQA?
A
A categorical exemption applies to projects which the Secretary of the Resources Agency has determined do not usually have a significant effect on the environment.
11
Q
If a notice of exemption is filed for CEQA, where does the state agency file the form? And the local agency?
A
State Agency = Office of Planning and Research
Local Agency = County Clerk of each county in which project is located
12
Q
For CEQA, who performs the initial study?
A
Lead agency.
13
Q
What is the purpose of a CEQA initial study?
A
An initial study identifies environmental impacts and their significance.
It basically determines if a Negative Declaration must be prepared, or if an EIR should be prepared.
14
Q
There are 3 possible outcomes to an initial proposal drafted by a lead agency for CEQA. List them.
A
- Negative declaration: no significant environmental impact is found.
- Mitigated negative declaration: impacts were found, but they can be revised/redesigned to avoid significant impacts and the project can proceed.
- Environmental Impact Report (EIR): the project has been found to have significant impacts.
15
Q
What is an EIR? Name two things that it does.
A
Detailed report that…
Describes and analyzes the significant environmental effects of a proposed project.
Identifies alternatives and discusses ways to reduce or avoid environmental damage.
16
Q
If an EIR is required, describe the next steps.
A
- Notice of Preparation issued to relevant agencies. Purpose is to solicit information.
- A draft EIR is prepared for review: lead agency files a Notice of Completion.
- Public review period ocmmences. 30 < n < 60.
- State Clearinghouse coordinates the state level review of documents.
- Notice of Determination is filed.
17
Q
True/False: For CEQA compliance, only draft EIR’s must be submitted for public review.
A
False. Negative declarations must also be made available to the public.
18
Q
Who coordinates state level reviews of environmental documents prepared for CEQA?
A
State Clearinghouse
19
Q
Where can you find the Essential Services Buildings Seismic Safety Act? (In terms of hierarchy, state-wide)
A
California Health and Safety Code!
20
Q
List 3 non-structural components (vital to the operation of essential services buildings) that must be maintained in the event of an earthquake:
A
Communication systems
Main transformers and switching equipment
Emergency backup systems
21
Q
List 6 types of essential services buildings as defined in Section 16007 of the California Health and Safety Code.
A
Fire station Police station Emergency operations center California Highway Patrol Sheriff's Office Emergency dispatch center
22
Q
Who reviews state-owned essential services buildings for compliance?
A
Division of the State Architect
23
Q
Who reviews non state-owned essential services buildings for compliance?
A
Local enforcement agencies such as the county of local building department.
24
Q
List two exemptions for essential services buildings.
A
One story Type V construction < 2000 sf
Type IIN construction < 2000 sf
25
What is the California Building Standards Code also known as?
Title 24 of the California Code of Regulations
26
True/False: Title 24 is the energy code used by architects, engineers, etc.
False.
The energy code is only one small portion (Part 6) of Title 24.
27
What is the California Code of Regulations? How many titles does it have?
CCR is the official compilation and publication of the regulations adopted, amended, or repealed by state agencies pursuant to the Administrative Procedure At.
There are 28 titles. (Title 24 is just one!)
28
What is the role of the California Building Standards Commission?
It's responsible for administering California's building codes, including adopting, approving, publishing and implementing codes and standards.
29
Title 24, Part 1
California Building Standards Administrative Code
30
Title 24, Part 2?
California Building Code
31
What's the difference between the California Building Code and the California Building Standards Code?
The California Building Code is just one part of the California Building Standards Code (aka Title 24).
32
List 7 key components of the California Building Code.
Pick 7:
```
Occupancy Type
Construction Type
Building/Floor Area
Building Height
Egress
Building separation and shafts
Fire protection
Fire extinguishing systems
Accessibility
Engineering requirements
```
33
Without getting too specific, what is the purpose of the California Building Code?
The purpose of the code is to establish the minimum requirements to safeguard the public health, safety and general welfare.
34
Chapter 1, California Building Code
California Code Provisions
35
Chapter 2, California Building Code
Definitions of words and terms
36
Chapter 3, California Building Code
Occupancy Classification
37
Occupancy Type A
Assembly
38
Occupancy Type B
Business
39
Occupancy Type E
Educational
40
Occupancy Type F
Factory Industrial
41
Occupancy Type H
Hazardous
42
Occupancy Type I
Institutional
43
Occupancy Type M
Mercantile
44
Occupancy Type R
Residential
45
Occupancy Type S
Storage
46
Occupancy Type U
Utility and Miscellaneous
47
Define Occupancy Type A.
50+ occupants
48
Occupancy Type A-1 + Examples
Assembly area w/ fixed seating
Ex: performing arts, movie theaters
49
Occupancy Type A-2 + Examples
Assembly areas w/ food + drink
Ex: restaurants, night clubs
50
Assembly Type A-3 + Examples
Assembly for places of worship, recreation, or amusement or other areas that are not easily categorized
Ex: libraries, museums, churches
51
Assembly Type A-4
Assembly areas for viewing of indoor sporting events
52
Assembly Type A-5
Assembly areas for the participation or viewing of outdoor sporting events
53
What would you classify a testing and research laboratory as for occupancy type?
Type B: Business
54
True/False: Collegiate buildings are classified as occupancy type E (Educational).
False. Type E only covers educational services provided through 12th grade.
55
Occupancy Type F-1
Factory industrial: moderate hazard occupancy
56
Occupancy Type F-2
Factory industrial: low hazard occupancy
57
Define occupancy Type I.
This covers users who are cared for and/or live in supervised environments, having physical limitations because of health or age and are harbored for medical treatment.
58
What occupancy type would prisons be classified as?
Occupancy Type I, Institional
59
Testing and research laboratories would fall under what occupancy classification?
Occupancy Type I, Institutional
60
Occupancy type R-1 + Examples
Residential Occupancy: transient occupants
Ex: hotels, motels, boarding houses
61
Occupancy type R-2 + examples
Residential occupancy: permanent occupants in buildings containing more than 2 dwelling units.
Ex: apartment homes, dormitories
62
Occupancy type R-3
Residential occupancy: occupants are permanent and not otherwise cateogrized
63
Occupancy Type R-3.1
Residential occupancy: facilities licensed by governmental agency for residentially based 24 hour care with 6 or less clients of any age
64
Occupancy Type R-4
Residential occupancy: residential care or assisted living facilities
65
Would the storage of alcohol fall under occupancy type S (Storage)?
No, as alcohol is deemed hazardous it would be labeled as occupancy type H.
66
Define occupancy type U, and provide some examples.
Utility and Miscellaneous Occupancy: incidental buildings of an accessory nature, usually unoccupied except for short times during a 24 hour period.
Ex: agricultural buildings, barns, carports, sheds
67
Chapter 4, California Building Code
Special Uses and Occupancy
It provides requirements for specific building types.
68
Chapter 5, California Building Code
Building heights and areas
69
Chapter 6, California Building Code
Types of Construction
70
How many types of construction are described in the California Building Code?
5
71
Construction Type 1
Steel
Reinforced concrete
Masonry construction
Non-combustible structure required and fire-resistive
72
Construction Type II
Steel
Reinforced concrete
Masonry construction
Non combustible structure required and fire-resistive
73
Construction Type III
Steel
Reinforced concrete
Masonry construction
Wood construction
Structural frame typically not wood
74
Construction Type IV
Heavy timber
75
Construction Type V
Steel
Reinforced Concrete
Masonry Construction
Wood Construction
76
For the beginning of a project, list 5 basic steps per the California Building Code
1. Determine occupancy
2. Determine construction type
3. Determine location of building on property
4. Determine allowable floor area
5. Determine height and number of stores
77
Chapter 7, California Building Code
Fire-Resistance Rated Construction
78
Chapter 7A, California Building Code
Materials and Construction Methods for Exterior Wildfire Exposure
79
What is so special about Chapter 7A in the California Building Code?
This chapter about construction methods and materials for exterior wildfire exposure is unique to the California Building Code.
80
Chapter 8, California Building Code
Interior finishes
81
Chapter 9, California Building Code
Fire Protection Systems
82
Chapter 10, California Building Code
Means of egress
83
Chapter 11, California Building Code
Accessibility
84
Chapter 11A, California Building Code
Housing Accessibility
85
Chapter 11B, California Building Code
Accessibility to Public Buildings
86
Chapter 12, California Building Code
Interior environment
87
True/False: Temperature control and ventilation specifications are found in Title 24.
False! They are in Chapter 12 of California Building Code: Interior Environment.
88
Chapter 13, California Building Code
| Also this chapter is unique in that...
Energy efficiency
There's not really anything here. This chapter refers users to see "California Energy Code, Title 24 Part 6."
89
Chapter 14, California Building Code
Exterior Walls
90
Chapter 15, California Building Code
Roof assemblies
91
Chapters 16-23, California Building Code
Structural Provisions
92
Chapters 25-35 of the California Building Code cover many subjects. List 6.
Pick 6:
```
Gypsum and plaster
Plastic
Electrical
Mech systems
Plumbing systems
Elevator and conveying systems
Special construction
Encroachments into public right of way
Safeguards during construction
Existing structures
Reference standards
```
93
What is Part 2.5 of the California Building Standards Code?
California Residential Building Code
94
What is the purpose of the California Residential Building Code?
This code establishes the minimum requirements to safeguard the public health, safety and welfare through all the typical considerations...
95
What is the scope of the California Residential Building Code?
Every 1 and 2 unit family dwelling
Townhouses not more than 3 stories above grade, with separate means of egress
Accessory structures
96
What is Part 3 of the California Building Standards Code?
California Electrical Code
97
What is the California Electrical Code concerned with? Provide 3 examples.
Pick 3:
Safe installation of wiring + equipment
Circuits + circuit protection
Methods + materials for wiring
General purpose equipment (cords/receptacles/switches)
98
Part 4, California Building Standards Code
California Mechanical Code
99
What is the California Mechanical Code concerned with? Provide 3 examples.
Pick 3:
```
Ventilation + air supply
Exhaust systems
Duct systems
Chimneys + vents
Steam + hot water boilers
Refrigeration systems
```
100
Part 5, California Building Standards Code
California Plumbing Code
101
Provide 4 examples of what the California Plumbing Code addresses.
```
Plumbing fixtures
Water heaters
Water supply + distribution
Sanitary drainage
Vents
Traps + interceptors
Storm drainage
```
102
Part 6, California Building Standards Code
California Energy Code
103
Part 8, California Building Standards Code
California Historical Building Code (CHBC)
104
List 5 solutions that the California Historical Building Code provides:
```
Preservation of qualified properties
Promotes sustainability
Provides access to the disabled
Provides cost-effective approaches to preservation
Provides reasonable safety for users
```
105
I'm adding a non-historical addition to a structure qualified as historic per the CHBC. Do I need to follow CHBC?
Nope. Just conform to the regular code.
106
What is the purpose of the State Historical Building Safety Board (SHBSB)?
It provides interpretation of CHBC provisions.
It also hears appeals, and acts as a repeal and review board to state/local agencies/affected parties.
107
What is a qualified historical building/property?
Any building(s) deemed to be important to the history, architecture, or culture of an area by appropriate local, state, or federal governmental jurisdiction.
108
True/False: For the CHBC, qualified buildings are permitted to remain unaccessible so long as the original use is unchanged.
False.
The regular accessibility code applies unless it threatens or destroys historical significance of building. Even then, it is still applied on case by case basis.
109
If the historical significance of a qualified historical structure is threatened by accessibility requirements, describe two conditions which alternate provisions must meet:
Provisions are applied on a case by case basis.
Documentation is provided stating the reasons for the alternate provisions.
110
True/False: In terms of structural considerations, CHBC shall not be construed to allow local enforcing agencies to provide lower levels of safety of structural design and construction in occupancies that are critical to the safety and welfare of the public at large.
True
111
Part 9, California Building Standards
California Fire Code
112
The purpose for the California Fire Code is twofold. Describe.
1. Establish minimum requirements consistent with nationally recognized good practices to safeguard health, safety and welfare of public from fire hazards in new and existing buildings.
2. Provide safety and assistance to fire fighters and emergency responders during emergency operations.
113
California Building Standards, Part 10
California Existing Building Code
114
What is the purpose of the California Existing Building Code?
Promote public safety/welfare by reducing the risk of death/injury that may result from the effects of earthquakes on existing, unreinforced masonry bearing walls.
115
What is the scope of the California Existing Building Code?
It shall apply to all existing buildings having at least one unreinforced masonry bearing wall.
116
Part 11, California Building Standards
California Green Building Standards Code
"CALGreen"
117
What is the purpose of CALGreen?
Improve public health, safety, and general welfare by enhancing the design and construction of buildings by ...
Reducing negative environmental impact
Increasing positive environmental impact
Encouraging sustainable construction practices
118
CALGreen encourages sustainable practices in 5 categories. Name them.
"Pew Me."
```
Planning and design
Energy efficiency
Water efficiency/conservatio
Material conservation and resource effiency
Environmental quality
```
119
Part 12, California Building Standards
California Reference Standards Code
120
List 5 ways in which the California Building Standards Code is different than model codes.
More stringent seismic requirements.
More stringent structural tests, inspections.
Ch. 7A 0 Wildfire Exposure is unique to this code.
Ch. 11A/11B Accessibility Req'ts are developed and maintained by division of the state architect
Part 6 = California Energy Code
121
California Building Code, Ch. 16
General design criteria for structural loads
122
California Building Code, Ch. 17
Governs testing and inspection of materials
123
California Building Code, Ch. 18
Req'ts for soils, site grading, and foundation design
124
California Building Code, Ch. 19
Concrete
125
California Building Code, Ch. 20
Aluminum
126
California Building Code, Ch. 21
Masonry
127
California Building Code, Ch. 22
Steel
128
California Building Code, Ch. 23
Wood
129
List 3 ways to resist lateral forces.
Shear wall
Moment frame
Braced frame
130
Structural Occupancy, Category I + Examples
Buildings that represent a low hazard to human life in event of failure.
Ex: Agricultural facilities, temporary facilities, minor storage facilities
131
Structural Occupancy, Category II + Examples
Buildings not categorized in I, III, or IV
132
Structural Occupancy, Category III + Examples
Buildings and other structures that represent a substantial hazard to human life in event of failure.
Ex: Structures with public occupancy loads > 300, schools, health care facilities, detention facilities
133
Structural Occupancy, Category IV + Examples
Buildings/structures designated as essential facilities.
Ex: Hospitals w/ surgery and ER, fire/rescue/police stations, emergency shelters, power-generating stations, water treatment facilities
134
True/False: Essential Facilities (in terms of structural occupancy) = Essential Services Buildings
False. Not the same!
135
Depending on the structural occupancy category, what happens to structural requirements?
They are increased by factors based on structure importance.
136
List 5 structural loads to be considered during the design of a building, per the California Building Code.
```
Dead loads
Live loads
Handrails + guardrails
Roof loads
Snow loads
Wind loads
Soil lateral loads
Rain loads
Flood loads
Earthquake Loads
```
137
What are Seismic Design Categories based on?
Anticipated earthquake acceleration and occupancy catgory of buildng
138
Non-structural elements must be seismically restrained to resist which 2 forces?
Horizontal forces
| Uplift (aka vertical movement)
139
In terms of broad categories, list 4 types of non-structural elements which must be restrained per the California Building Code:
```
Architectural
Electrical
Mechanical
Plumbing
Communications
FF&E
```
140
Interior nonstructural walls and partitions: list 2 structural req'ts.
Full height partitions must utilize slip tracks to isolate from structure.
Partial height partitions attached to the ceiling grid must be braced to the structure above.
141
List 5 architectural non-structural components that must be addressed in structural design.
```
Pick 5:
Interior nonstructural walls and partitions
Exterior nonstructural wall assemblies
Ceilings
Cabinets
Access Floors
Appendages/Ornamnetation
Signs/Billboards
Other rigid and flexible components
```
142
List 5 mechanical and electrical non-structural components that must be addressed in structural design.
Pick 5:
General mechanical (boilers/furnaces/chimneys)
HVAC systems (vibration isolated vs nonvibration isolated)
Piping systems (water supply/waste/fire sprinklers)
Elevator components
Escalator components
General electrical (systems + equipment)
Lighting fixtures
143
What is the weight threshold for lighting fixtures: when do they require hangars?
> 56 lbs
144
List 4 special concerns for non-structural item bracing... (Think typologies)
Library: book stacks
Church: cross
Gas station: signage
Auditorium: bleachers require diagonal bracing
145
What number is CEQA codified as in the California Code of Regulations?
Title 14, Section 15000
146
True/False: Chapter 11 of the International Building Code is also broken into two sections.
False. It's a single section: only California's is broken into two.
147
List 2 exemptions to Chapter 11 Accessibility code.
Privately funded single family homes and duplexes.
Privately funded multi-family homes of (3 or less units) in a condominium project.
148
Why are California Building Standards accessibility requirements more stringent than the federal ADA act?
The regulations in CA were developed by the Division of the State Architect 8 years before ADA was passed.
The current codes were written to provide a single code that would meet the most stringent requirements of both.
149
Yes/No: Can the Division of the State Architect (DSA) help settle disputes with local building inspectors?
No, because DSA is a separate jurisdiction. By law, only the local building authority can make a final determination regarding code enforcement.
150
For the ease of remembering, what are the 3 main categories that accessibility provisions can be broken down into?
Site accessibility
Building accessibility
Public restrooms/showers
(Site impaired and hearing impaired are separate considerations)
151
For site accessibility, list 3 requirements for sidewalks.
No level changes can exceed 1/2".
Minimum width of 48" (can be reduced to 36" if compliance creates undue hardship).
Max surface cross slope is 1/4".
152
At what width must additional intermediate handrails be added to a stair?
Stairs exceeding 88"
153
Handrails projecting from wall require __" of space between wall and handrail.
1-1/2"
154
Handgrip portions of handrails have a cross section of?
1-1/4" to 1-1/2"
155
Minimum depth of stair?
11"
156
Are open risers permitted in publicly accessible buildings?
No (at least not in public areas).
157
At what slope does a path of travel become a ramp?
5% gradient (1:20)
158
What is the maximum slope of a ramp in an exit path?
1:12 (8.33% gradient)
159
Elevator buttons are located no higher than __ for side approach?
54"
160
Elevator buttons are located no higher than __ for front approach?
48"
161
Door opening hardware must be centered between __ and __ above the floor.
30-44"
162
True/False: Side approach drinking fountains are accessible.
False.
163
Maximum counter height to remain accessible?
34"
164
Grab bars at toilets: what is the minimum load required?
250 lbs
165
Grab bar at rear toilet wall: minimum length?
36"
166
Grab bar at side wall, assuming front end positioned 24" in front of water closet.
42"
167
Height of grab bar at toilet?
33"
168
True/False: Local inspectors review drawings for compliance with ALL accessibility provisions.
False. They only check for accessibility provisions of the California Building Code. They do not check for ADA compliance.
169
What is the purpose of Chapter 7 of the California Building Code?
Chapter 7 Fire-Resistant Rated Construction
It governs the materials and assemblies used for structural fire resistance to help prevent:
- Spread of fire and smoke within a building
- Spread of fire to or from other buildings
170
There are 2 types of systems for providing fire-resistive protection. Name them!
Passive and Active
171
Describe passive fire resistive protection.
Built into the building structure, it provides a barrier between structure and fire.
172
Describe active fire resistive protection.
Active systems (such as fire sprinklers and smoke barriers) respond to fire by initiating systems to suppress fire and smoke.
173
Define 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 of the above
174
Yes/No: Can non tested materials which are part of a fire resistive assembly be incorporated into documentation submitted to a building inspector?
Yes, but only if sufficient data is made available to the official to show that the required rating is not reduced.
175
Define fire wall.
A fire resistant rated wall having protected openings which restrict the spread of fire and extend continuously from the foundation to the roof. It has sufficient structural stability under fire conditions to allow collapse of construction adjacent to it while maintaining integrity.
176
Define fire barrier.
A fire resistant rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained, such as separate vertical. Enclosures from other egress components to separate different occupancies to to divide a single occupancy into different fire areas.
177
Chapter 8 of the California Building Code governs what, exactly?
The use of materials used as interior finishes, trim and decorative with an emphasis on flame spread and smoke generation characteristics.
178
What does Chapter 9 of the Building Code pertain to? Give examples.
Applies to the design, installation and operation of fire protection systems... These include:
```
Automatic sprinkler systems
Alternative automatic fire extinguishing systems
Standpipe systems
Portable fire extinguishers
Fire alarm detection systems
Smoke control systems
```
179
Define means of egress.
Continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way.
180
A means of egress consists of 3 separate and distinct parts. Name them.
Exit access
Exit
Exit discharge
181
In the design of an egress system, what chapter of the building code contains information regarding the design occupant load? What table am I looking for?
Chapter 10, Means of Egress
Table 1004.1.1
182
I'm designing an area of refuge. List requirements.
Must provide 30"x48" clear floor space per 200 occupants without reducing means of egress.
183
What is the minimum width permissible for an egress stairway?
> 50 occupants = 44"
| < 50 occupants = 36"
184
What is the minimum amount of headroom permissible for an egress stair?
80" (or 6'-10")
185
Egress ramps: what's the maximum vertical rise per landing?
30"
186
What is the largest slope permissible for an egress ramp?
1:12 (8%) slope
187
Exit signs must not be more than __ from any point in the exit access corridor.
100'
188
Where can I find the maximum exit access travel distance?
Chapter 10, Table 1016.1.
189
Dead end corridors cannot exceed __ in most conditions.
20'
190
Where can I find the minimum number of exits required per story?
Chapter 10, Table 1021.1
191
What is the California Energy Code based upon?
It's based upon the 2008 Building Energy Efficiency Standards for Residential and Nonresidential Buildings.
192
Who publishes the Building Energy Efficiency Standards?
California Energy Commission
193
What are some of the responsibilities of the California Energy Commission? List 4.
Licensing thermal plants
Forecasting energy needs
Promoting efficiency by setting standards
Supporting research
Market support for renewable technologies
Developing vehicle incentives to limit petroleum dependency
Administering federal funding
Planning state response to energy emergencies
194
Building Permit
Electrical, plumbing, mechanical, building or other permit or approval that is issued by an enforcement agency and that authorizes any construction that is subject to Part 6 of the California Building Standards Code.
195
List 5 areas in which mandatory requirements for achieving energy efficiency must be met.
Pick 5:
```
Space conditioning equipment
Water heating requirements
Glazing requirements
Building envelope
Building fenestration
Insulation requirements
Lighting systems and equipment
```
196
Name two methods of compliance for Title 24 reports.
Performance
| Prescriptive
197
How many climate zones are used in the California compliance methods?
16!
198
What is the basic procedure for a performance compliance approach?
Show time dependent valuation (TDV) energy of proposed design as less than or equal to the TDV energy of the standard (or existing) design.
199
For performance approach, what are the three energy types calculated by software?
Space conditioning use
Lighting energy use
Service water heating use
200
What is a benefit of using a prescriptive approach?
It's simpler! Presumably faster.
201
Who places the installation certificate?
This is done by the person with overall responsibility for the construction or installation.
202
For the purpose of this exam, what are the codes (within the California Health and Safety Code) that we are most concerned about? List all 5.
"CEACH"
```
California Code of Regulations
Essential Services Building Seismic Safety Act
Air Resources
California Retail Food Code
Hospital Facilities Seismic Safety Act
```
203
Design professionals lien, mechanics lien, and stop notice laws are governed under... ?
California Civil Code
204
A design professional has a right to record a lien on a property before construction beings IF...
A building permit or other governmental approval has been obtained.
205
True/False: Design professional liens are only available for public projects.
False. DP liens are available for both.
206
If attempting to file a design professional's lien, why is it important that no actual construction has taken place?
Once actual construction commences, the design professional lien no longer applies. Instead, you'll have to implement a mechanics lien.
207
What type of construction is excluded from design professionals' liens?
DP liens do not apply to single family, owner occupied residences in which expected construction cost is less than $100,000.
208
After it's been determined that construction has not begun, and a governmental approval has been obtained, what is the next step? Are there any special requirements?
Send a demand letter to the landowner 10 days prior to recording the lien. The letter is a written demand for payment specifying the default and the amount owed.
209
When can a design professional record a lien? And, under what condition?
A DP lien can be filed with the county after 10 days of giving an owner a demand letter.
The DP records the lien no later than 90 days after he/she believes the work will not commence.
210
In order to enforce the lien, when must a lawsuit be filed by design professional?
Within 90 days of recording the DP lien.
211
When does a design professional's lien automatically expire?
- If the DP doesn't file suit.
- If work commences on project.
- If landowner partially or fully satisfies the lien.
212
List the 5 steps to a Design Professional's Lien.
1. Determine whether constructed starte.d
2. Determine if governmental approval was obtained.
3. Send demand letter 10 days prior to recording lien.
4. Record lien.
5. File lawsuit within 90 days of recording the lien.
213
Name 4 possible individuals that have mechanics lien rights.
And, give a BROAD definition.
Pick 4:
```
Direct contractor
Subcontractor
Material supplier
Equipment lessor
Laborer
Design professional
```
Broad definition = any individual or business that supplies labor or materials on a private project.
214
Yes/No: Are mechanics liens allowed to be utilized on public projects?
Nope.
215
List the prerequisite to filing a mechanics lien.
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.
216
For a mechanics lien, who is exempt from the prerequisite?
Architects and general contractors are exempt from the 20 day notice as they have direct contact with the owner.
217
Step 1, Mechanics Lien
Service "Notice of Mechanics LIen" on the owner of property by registered mail prior to recording lien.
218
Step 2, Mechanics Lien
Record the lien at a county recorder's office in the county that the project is located.
219
Step 3, Mechanics Lien
Enforce the lien by filing a lawsuit to foreclose within 90 calendar days of the date the lien was recorded.
220
For mechanics liens, what is so important about the Notice of Completion (or Notice of Cessation)?
If this hasn't been filed by the owner, then the claimant has 90 days to file the lien from the completion of construction.
If this has been filed by the owner, then it reduces the number of days to 60 for the prime contractor and 30 for the subcontractor.
Basically filing the notice reduces the window of time that an owner can be subject to he lien, thereby limiting the window of liability.
221
List the steps for a mechanics lien.
Prerequisite: send preliminary 20 day notice.
1. Serve notice of mechanics lien to owner.
2. Record mechanics lien.
3. Enforce the lien by filing lawsuit within 90 days of recording the lien.
222
What is a stop notice?
It's a lien against funds.
223
What types of projects can stop notices be used on? And to whom are the notices served?
Both public and private.
```
Private = Lender
Public = Owner of Public Work
```
224
Why are stop notices especially important?
They are the only form of recourse available for public projects as mechanics liens are not available.
225
What is a bonded stop notice?
This is a notice presented to a construction lender accompanied by a bond with good and sufficient sure ties for 125% of the claim.
If bonded notice is presented to lender, lender does not have option to withhold funds.
226
What is a notice of non-responsibility?
A notice of non-responsibility is utilized when a tenant (not owner) of a space is performing work and the owner wants protection from any liens stemming from the failure of the tenant to pay contractors and vendors.
The notice of non-responsibility is completed by owner and posted at the job site.
227
Described 4 ways to protect an owner from liens.
Pick 4:
Require contractor to purchase a Performance Bond and Payment Bond.
Receive signed lien releases from subcontractors at time of payment.
Architect processes contractor's request for payment in a timely manner.
Collect and hold retainers.
Recommend that owners file notice of completion with the County recorder to reduce the lien period.
Collect contractor's Affidavit of Release of Liens.
228
What does the Clean Water Act do?
Establishes the basic structure for regulating discharges of pollutants into US waters.
It also sets quality standards for surface water.
229
What is the main purpose of the California Water Code?
It protects water allocation and quality of surface/underground waters.
230
Who administers the California Water Plan?
Department of Water Resources
231
What is the California Water Plan?
How often is it updated?
It's a collaborative planning framework for stakeholders and the public to develop findings and recommendations and make informed decisions.
It's updated every 5 years.
232
What is the purpose of the State Water Resources Control Board?
Mission is to preserve, enhance, and restore the quality of California's water resources...
... AND to ensure proper allocation and efficient use.
233
How many regional water quality control boards exist?
9
234
Who is responsible for water quality monitoring (usually)?
Regional Water Quality Control Board
235
What is the purpose of the California Coastal Commission?
It plans and regulates development and resource use at coasts in partnership with local agencies and within the requirements of the California Coastal Act (Passed in 1976).
236
What are the 2 agencies responsible for administering the federal Coastal Zone Management Act (CZMA) in California?
California Coastal Commission
| Bay Conservation and Development Commission
237
What is significant about the Coastal Zone Management Act as it relates to state activities?
Provisions of CZMA grant state coastal management agencies regulatory control over all federal activities when said activities affect coastal resources.
238
Development within the coastal zone may not proceed until... ?
A Coastal Development Permit has been issued by the California Coastal Commission or a local government that has a commission certified local coastal programs.
239
Define local coastal program.
LCP's are basic planning tools used by local governments to guide development in coastal zone in tandem with Coastal Commission.
LCP's contain ground rules for future development and protection of resources. They specify ...
Location
Type
Scale
240
Local coastal programs provide __ and __ to implement plans.
Land use plans and measures (i.e. Zoning ordinances)
241
Are local coastal plans subject to outside agency review?
Yes, they must be submitted to the Coastal Commission for review with Coastal Act requirements.
242
Once local coastal programs are approved, how do they operate?
Basically the LCP is the main point of contact for project reviews, etc. Amendments to the LCP must still be reviewed by coastal commission, and any appeals to an LCP must be reviewed by coastal commission as well.
Coastal commission is like a hands off parent, so to speak.
243
Per the California Coastal Act, list 3 statements regarding public access.
1. Development shall not interfere with public's right to access.
2. Public access from nearest public roadway to shoreline shall be provided except where inconsistent with safety, military, or environmental needs.
3. Public facilities including parking areas shall be distributed to as to mitigate against the impacts of overcrowding.
244
If creating land divisions outside of agricultural use in coastal areas, what are some of the restrictions?
Only permitted where 50% of usable parcels in the areas have already been developed and the created parcels would be no smaller than the average size of surrounding.
245
List 3 legitimate reasons to expand industrial development on coast.
Alternative locations are infeasible or more damaging to environment
To do otherwise would affect public welfare
Adverse environmental effects will be mitigated as much as possible
246
Quick summary: what 4 types of development require a coastal development permit?
Placement of any solid material or structure
Change in land use density or intensity (incl. land division)
Change in intensity of water use or access
Removal of major vegetation
247
More detailed: what 3 types of development require a coastal development permit per the Coastal Act.
1. Developments between the sea and the first public road, or within 300' of the inland extent of any beach or high tide line (whichever is greater).
2. Developments located on tidelands, submerged lands, public trust lands, within 100' of any wetland, estuary stream or within 300' of the seaward face of any coastal bluff.
3. Any development which constitutes a major public works or energy facility.
248
Generally speaking, what are coastal development permits not required for? (List 5)
1. Improvements to structures, provided enhancements do not adversely affect the environment.
2. Maintenance work (such as dredging channels), pursuant to a permit from the Army Corps of Engineers.
3. Any development within a specifically defined geographic area that the commission, after public hearing, determines has no adverse environmental impact.
4. Installation/testing/placement of utility connections.
5. Replacement of structure destroyed by disaster.
6. Conversion of residential structure to timeshare.
7. Temporary events.
249
There are 8 basic elements of the Federal Clean Air Act. List 5.
Pick 5:
```
National ambient air quality standards
Hazardous air pollutants standards
State attainment plans
Motor vehicle emissions standards
Stationary source emissions standards and permits
Acid rain control measures
Stratospheric ozone protection
Enforcement provisions
```
250
How does the Federal Clean Air act relate to the state?
Section 107 notes that the state has primary responsibility for meeting ambient air quality standards in all areas of the state and that the means to achieve are set about in a state implementation plan (SIP).
251
Yes/No: The Federal Clean Air Act sets all pollution control requirements for all states. States must follow the Clean Air Act.
Yes AND no.
The FCAA establishes a minimum standard, but states may develop more stringent requirements.
252
What is the importance of an attainment plan under the Federal Clean Air Act?
An attainment plan is required when a local air district is found to be in violation of the FCAA.
The district must then prepare an attainment plan identifying air quality problems, causes, trends and actions to be taken to maintain air quality standards at the earliest possible date.
253
What are 3 goals of the California Public Contract Code?
Pick 3:
Clarify the law with respect to competitive bidding requirements.
Ensure full compliance with bidding statues as a means of protecting the public from misuse of funds.
Provide all qualified bidders with fair opportunity to enter bidding process, thereby stimulating competition in a manner conducive to fiscal practices.
Eliminate favoritism, fraud and corruption in the awarding of public contracts.
254
Per the California Public Contract Code, list 3 items that bidders must obtain to be considered in bidding process.
Payment bonds guaranteeing the faithful performance of contract
Performance bonds guaranteeing secure payment of claims to laborers
Pre qualification must be obtained
255
What is the purpose of the Field Act, and why was it established?
It's purpose is to protect children and staff from death and injury in public school and to protect the public's investment in school buildings during and after earthquakes.
It was enacted in 1933 after the Long Beach earthquake destroyed many school buildings.
256
Who is the authority for the Field Act? Give 2 examples of how this authority is involved.
Division of the State Architect
At conclusion of project, reports are submitted to DSA verifying all work performed in compliance.
All drawings reviewed by DSA.
All changes or revisions reviewed and approved by DSA.
DSA certified inspectors are to be used.
257
3 safety deadlines were established by the Hospital Facilities Seismic Safety Act following the Northridge earthquake in 1994. Name them.
2002: major non structural systems such as backup generators and exit lighting must be braced.
2013: all general acute care inpatient buildings at risk of collapse must be rebuilt, retrofitted or closed. Public owned have until 2020 if they rebuild.
2030: all hospital buildings must be operational following a major earthquake.
258
The Architects Practice Act consists of 3 codes. What are they?
Business and Professions Code: Chapter 3, Division 3
Corporations Code
California Code of Regulations: Title 16, Division 2
259
Define Architect per the Business and Professions Code.
Architect = person who is licensed to practice architecture in the State of California under the authority of the Architects Practice Act.
260
Per the Business and Professions Code, define the Practice of Architecture.
Practice = 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, groups of buildings and structures.
261
Yes/No: Based on the definition of the Practice of Architecture per the Business and Professions Code, only licensed architects are engaged in practice itself.
No. The act of practice extends to all persons whether licensed or not, firm principals, employees or individual consultants so long as they are engaged in the practice.
262
List 5 professional services an Architect may provide per the Business and Provisions Code.
Pick 5: (Think "TIP-CCCC")
Technical assistance in preparation of bid docs, contractual agreements
Investigation/evaluation/consultation/advisement
Planning, schematic and preliminary studies, designs, drawings, specs
Coordination of work of technical/special consultants
Compliance with applicable codes, assistance in review process
Contract administration
Construction observation
263
Under what division is the California Architects Board?
Division of the Department of Consumer Affairs
264
What is the purpose of the California Architects Board?
Purpose is to regulate the practice of architecture to protect, the health, safety, and welfare of the public.
265
How does the California Architects Board safeguard the quality and safety of the profession?
It establishes the minimum professional qualifications and performance standards for admission to and the practice of them architecture profession.
266
What is the priority of the California Architects Board?
Protection of the public shall be the highest priority of the California Architects Board in exercising its licensing, regulatory and disciplinary functions.
267
Define "responsible control" as it relates to the practice of architecture.
Responsible Control = Amount of control over the content of all architectural instruments of service during their preparation that is ordinarily exercised by architects applying the professional standards of care.
268
Why is responsible control so important?
An architect cannot stamp (basically condone) documents that were not produced under his or her responsible control.
269
True/False: Responsible control requires that architectural documents be produced within an architect's office.
False. As long as the architect maintains responsible control, documentation can be produced elsewhere.
270
True/False: Architects can form business entities with unlicensed individuals.
True, so long as professional services rendered under responsible control of an architect.
271
True/False: Corporations can provide architectural services so long as they are provided under the responsible control of a licensed architect.
True.
272
If someone is caught describing or promoting oneself as an architect without holding an actual license, what is he or she subject to?
This is a misdemeanor punishable by a fine of $100 to $5000 and as much as 1 year in county jail.
273
True/False: All types of projects must be stamped by an architect regardless of whether the work itself is permitted to be performed by an unlicensed professional.
True.
Per the California Architects Board: "This requirement applies to all types of projects since it addresses a responsibility imposed on the architect, not the project."
274
What 5 items are required to be on an architect's stamp?
```
Name
License number
Renewal Date (not an expiration date!)
State of California
"Licensed Architect"
```
275
What does stamping drawings achieve relative to the local jurisdiction reviewing the documentation?
It satisfies the requirement that the work was done in the responsible control of a licensed architect.
276
Yes/No: Is a licensed architect responsible for unauthorized changes to his or her documentation?
No, provided that the approval was not unreasonably withheld.
277
Yes/No: Is an architect required to observe the construction of fixed works?
There is no legal duty for an architect to do so.
278
Yes/No: Does an architect's certification imply a warranty?
Nope.
279
Under what conditions do architects perform voluntary building inspections?
They may perform voluntary inspections at the site of an emergency by the request of a local official. Under this circumstance, they are not liable in negligence for any damage caused by good faith by negligent inspection (within 30 days of emergency).
280
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.
281
Name the 5 items required in a contract between an architect and a client.
Think "SCANT"
Services (description of what is to be performed)
Compensation (Basis)
Addresses (name/address/license info/etc.)
New services (additional services at an hourly rate)
Termination (description of procedure describing termination)
282
Name 4 instances when written contracts are not required?
Professional services rendered when the client will not pay.
Basis of compensation is similar to what was provided in the past for the same client.
If the client knowingly states in writing after full disclosure that written document is not required.
Professional services rendered to a registered, professional engineer.
283
How is the practice of architecture administered?
Examination
Licensing
Enforcement
284
An applicant for an Architect's license shall ... (2 items)
1. Not have committed acts or crimes constituting grounds for denial.
2. Completed 8 years of training and educational experience. A 5 year degree from approved school = 5 years of training.
285
Per the Architects Practice Act, there are 4 types of structures which do not require a license. Name them.
1. Single family detached dwellings of wood frame construction not more than 2 stories and basement in height.
2. Multiple dwelling units (no more than 4), wood frame construction, no more than 2 stories and basement in height.
3. Garages or similar structures of wood frame construction not more than 2 stories and basement in height.
4. Agricultural and ranch buildings of wood frame construction unless local official deems an undue risk to public health, safety, or welfare.
286
Per the Architect's Act, there are 5 types of design professionals that may conduct architectural work for which he or she is registered, so long as they do not use the title "architect." List 4.
Pick 4:
```
Structural engineer
Professional engineer
Civil engineer
Landscape architect
Land surveyor
```
287
Yes/No: Can contractors provide architectural services?
Yes, so long as they are providing services within the classification for which they are licensed, such as shop drawings. They may not use the title "architect."
288
There are many grounds for having an architectural license revoked. List 5.
Pick 5:
Conviction of certain crimes related to architect duties
Violation of Architects Practice Act
Fraud in obtaining a license
Impersonation
Aiding unlawful practice
Signing others' plans or instruments
Fraud in practice of architecture
Negligence or willful misconduct
Incompetency or recklessness
Disciplinary action taken by another public agency
Failure to report settlement for fraud, deceit, negligence, incompetency or recklessness in excess of $5,000 w/in 30 days.
289
When do architectural licenses expire?
The last day of the birth month of the license holder in each odd-numbered year, following the issuance or renewal of license.
290
What are the limitations for renewing an expired license?
If it expired within the last 5 years, it can be renewed anytime.
If it expired more than 5 years ago, then it may not be renewed, restored or reissued.
291
Define architectural corporation.
This is a corporation that is authorized to render professional services as defined in Section 13401 of the Corporations Code.
292
True/False: Architects can form limited liability companies.
False. They are prohibited per Section 13401 and 13401.3 within California.
293
Yes/No: Can architects receive compensation for services from more than one party?
Yes, but this is atypical. This may only occur if the circumstances are fully disclosed and agreed to in writing by all involved parties.
294
True/False: An architect shall not solicit nor accept payments, rebates, refunds, or commissions whether in the form of money or otherwise from material or equipment suppliers in return for specifying their products.
True! Duh.
295
True/False: Architects working within the government must take care not to engage in business or activity in them private sector that they will ultimately oversee/audit/engage with in their professional capacity.
True.
