Section § 5535

Explanation

This section explains that when the law mentions a "person," it isn't just talking about individual people. It also includes businesses like firms, partnerships, corporations, and limited liability partnerships as recognized by the Corporations Code.

As used in this chapter, the word “person” includes any individual, firm, partnership, general corporation, professional corporation, or limited liability partnership, as authorized by the Corporations Code.

Section § 5535.1

Explanation

"Responsible control" refers to how much influence an architect has over the design documents and plans. It means they must be as involved as is typical for upholding professional standards.

The phrase “responsible control” means that amount of control over the content of all architectural instruments of service during their preparation that is ordinarily exercised by architects applying the required professional standard of care.

Section § 5535.2

Explanation

This law allows architects in California to form businesses with non-architects, as long as architectural services are managed and controlled by a licensed architect. If a general corporation is formed, the business name can include a fictitious name, the name of a licensed architect, or terms like “architect” or “architecture.” However, the business name cannot use the term "professional corporation," even though other names are permissible if not otherwise restricted by law.

(a)CA Business & Professions Code § 5535.2(a) This chapter does not prevent an architect from forming a business entity or collaborating with persons who are not architects, provided that any architects’ professional services that are provided through that entity or collaboration are offered and provided under the responsible control of an architect, or architects, and in accordance with the provisions of this chapter.
(b)Copy CA Business & Professions Code § 5535.2(b)
(1)Copy CA Business & Professions Code § 5535.2(b)(1) A business entity organized as a general corporation may include in its name any or all of the following:
(A)CA Business & Professions Code § 5535.2(b)(1)(A) A fictitious name.
(B)CA Business & Professions Code § 5535.2(b)(1)(B) The name of one or more licensed architects.
(C)CA Business & Professions Code § 5535.2(b)(1)(C) The term “architect,” the term “architecture,” or a variation of the term “architect” or “architecture.”
(2)CA Business & Professions Code § 5535.2(b)(2) Nothing in paragraph (1) shall limit a business entity organized as a general corporation from including in its name any other word or name that is not otherwise prohibited by law.
(3)CA Business & Professions Code § 5535.2(b)(3) Notwithstanding paragraphs (1) and (2), a business entity organized as a general corporation shall not include in its name the term “professional corporation.”

Section § 5535.3

Explanation

This law says that companies can offer architectural services as long as those services are managed by a licensed architect who oversees the work responsibly.

This chapter does not prevent a corporation from furnishing or supplying by contract architectural services, as long as any architects’ professional services are offered and provided under the responsible control of a licensed architect or architects.

Section § 5535.25

Explanation

This law defines what is considered a 'business entity' or 'collaboration' involving architects. It covers various business relationships, like being an employer or employee, working as a team, or having a consulting agreement. In these setups, the architect must manage and direct the architectural services directly and responsibly. The term 'immediate and responsible direction' has a specific meaning as described elsewhere in the regulations.

As used in this chapter, the terms “business entity” and “collaboration” include employer and employee relationships, joint ventures, partnerships, general corporations, and consulting relationships formed by written agreement in which the architect provides immediate and responsible direction of architectural services. For purposes of this section, “immediate and responsible direction” has the same meaning as that term is defined in Section 151 of Title 16 of the California Code of Regulations.

Section § 5536

Explanation

This law makes it illegal for anyone without an architecture license in California to pretend to be an architect or to use any words, signs, or tools that suggest they are one. It's also illegal to use any stamps or seals that imply a person is licensed to create architectural plans or designs by the state. Violating this law can lead to a fine ranging from $100 to $5,000, up to a year in county jail, or both.

(a)CA Business & Professions Code § 5536(a) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who is not licensed to practice architecture under this chapter to practice architecture in this state, to use any term confusingly similar to the word architect, to use the stamp of a licensed architect, as provided in Section 5536.1, or to advertise or put out any sign, card, or other device that might indicate to the public that the person is an architect, is qualified to engage in the practice of architecture, or is an architectural designer.
(b)CA Business & Professions Code § 5536(b) It is a misdemeanor, punishable as specified in subdivision (a), for any person who is not licensed to practice architecture under this chapter to affix a stamp or seal that bears the legend “State of California” or words or symbols that represent or imply that the person is so licensed by the state to prepare plans, specifications, or instruments of service.

Section § 5536.1

Explanation

This law details the requirements for architects in California when they prepare plans, specifications, and related documents. Architects must sign and stamp these documents to show they are responsible for them. The stamp must include certain information like the architect's name, license number, and a place to show the license's renewal date. If someone prepares these documents without a proper license, they can face legal penalties. The rules also don't apply to employees working directly under a licensed architect. The board in charge can create more rules to enforce this law.

(a)CA Business & Professions Code § 5536.1(a) All persons preparing or being in responsible control of plans, specifications, and instruments of service for others shall sign those plans, specifications, and instruments of service and all contracts therefor, and, if licensed under this chapter, shall affix a stamp, which complies with subdivision (b), to those plans, specifications, and instruments of service, as evidence of the person’s responsibility for those documents. The failure of any person to comply with this subdivision is a misdemeanor punishable as provided in Section 5536. This section shall not apply to employees of persons licensed under this chapter while acting within the course of their employment.
(b)CA Business & Professions Code § 5536.1(b) For the purposes of this chapter, any stamp used by any architect licensed under this chapter shall be of a design authorized by the board, which shall at a minimum bear the licensee’s name, their license number, the legend “licensed architect” and the legend “State of California,” and which shall provide a means of indicating the renewal date of the license.
(c)CA Business & Professions Code § 5536.1(c) The preparation of plans, specifications, or instruments of service for any building, except the buildings described in Section 5537, by any person who is not licensed to practice architecture in this state, is a misdemeanor punishable as provided in Section 5536.
(d)CA Business & Professions Code § 5536.1(d) The board may adopt regulations necessary for the implementation of this section.

Section § 5536.2

Explanation

If you're in a county or city in California that needs a permit to build, change, improve, or fix a building, you must also provide a signed statement showing that the person who designed the plans is licensed. The signature and stamp on the plans mean that this rule is followed. It's up to the permit agency to check that the person is indeed licensed. This rule doesn't apply if the plans are exempt from needing a license, but in those cases, the designer must still sign the plans.

Each county or city which requires the issuance of any permit as a condition precedent to the construction, alteration, improvement, or repair of any building or structure shall also require as a condition precedent to the issuance of the permit a signed statement that the person who prepared or was in responsible control of the plans and specifications for the construction, alteration, improvement, or repair of the building or structure is licensed under this chapter to prepare the plans and specifications, or is otherwise licensed in this state to prepare the plans and specifications.
The signature and stamp, as provided for in Section 5536.1, on the plans and specifications by the person who prepared or was in responsible control of the plans and specifications shall constitute compliance with this section.
It is the responsibility of the agency that issues the permit to determine that the person who signed and stamped the plans and specifications or who submitted the signed statement required by this section is licensed under this chapter or is otherwise licensed in this state to prepare the plans and specifications.
This section shall not apply to the issuance of permits where the preparation of plans and specifications for the construction, alteration, improvement, or repair of a building or structure is exempt from this chapter, except that the person preparing the plans and specifications for others shall sign the plans and specifications as provided by Section 5536.1.

Section § 5536.3

Explanation

This law says that if a home is damaged by a natural disaster, and it might be covered by insurance, the architect who made the plans for that home must give a copy of those plans to the homeowner or insurance company if they ask, but only to check on the damage for insurance reasons. However, these plans can't be used to rebuild the house without the architect's written permission. If someone does use the plans to rebuild without permission, the architect isn't responsible for what happens. Architects can charge a fee for making copies of the plans. This applies to any single-family home, whether the owner lives there or not.

(a)CA Business & Professions Code § 5536.3(a) In the event of damage to residential real property caused by a natural disaster declared by the Governor, if the damage may be covered by one or more policies of insurance, any architect or other person who has prepared plans used for the construction or remodeling of the residential real property shall release a copy of the plans to the homeowner’s insurer or the homeowner, or duly authorized agent of the insurer or the homeowner, upon request and verification that the plans will be used solely for the purpose of verifying the fact and amount of damage for insurance purposes.
(b)CA Business & Professions Code § 5536.3(b) No homeowner or any other person shall use any copy of plans obtained pursuant to subdivision (a) to rebuild all or any part of the residential real property without the prior written consent of the architect or other person who prepared the plans.
(c)CA Business & Professions Code § 5536.3(c) In the event prior written consent is not provided pursuant to subdivision (b), no architect or other person who has prepared plans who releases a copy of plans pursuant to subdivision (a) shall be liable to any person if the plans are subsequently used by the homeowner or any other person to rebuild all or any part of the residential real property.
(d)CA Business & Professions Code § 5536.3(d) The architect or other person may charge a reasonable fee to cover the reproduction costs of providing a copy of the plans.
(e)CA Business & Professions Code § 5536.3(e) As used in this section, “residential real property” means a single family structure, whether or not owner-occupied.

Section § 5536.4

Explanation

This section explains that you can't use an architect's work, like drawings or designs, without their permission in a written agreement. The architect can't refuse your request to use their work without a good reason. Reasons for refusal can include not paying them fully or not meeting contract terms.

(a)CA Business & Professions Code § 5536.4(a) No person may use an architect’s instruments of service, as those professional services are described in paragraph (2) of subdivision (b) of Section 5500.1, without the consent of the architect in a written contract, written agreement, or written license specifically authorizing that use.
(b)CA Business & Professions Code § 5536.4(b) An architect shall not unreasonably withhold consent to use their instruments of service from a person for whom the architect provided the services. An architect may reasonably withhold consent to use the instruments of service for cause, including, but not limited to, lack of full payment for services provided or failure to fulfill the conditions of a written contract.

Section § 5536.5

Explanation

If someone violates a certain rule related to architectural services during the repair of buildings damaged by a state or national disaster emergency, they can face serious penalties. This includes a hefty fine of up to $10,000, possible imprisonment for up to three years, or a combination of both. The penalties apply whether the disaster is declared by the governor or the president.

Any person who violates subdivision (a) of Section 5536 in connection with the offer or performance of architectural services for the repair of damage to a residential or nonresidential structure caused by a natural disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States, shall be punished by a fine up to ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or for two or three years, or by both the fine and imprisonment, or by a fine up to one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

Section § 5536.22

Explanation

If you're an architect in California, you must have a written contract before starting work for a client. This contract should cover key details like the project description, services you'll offer, payment terms, and how to make changes or end the contract. It also needs to state who owns the work created and include a notice about your licensing board. There are exceptions like when no payment is involved, previous similar work is being repeated for the same client, or work with certain professionals and public agencies. You can also start work without a contract if the client agrees in writing after being fully informed.

(a)CA Business & Professions Code § 5536.22(a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract shall be executed by the architect and the client, or the client’s representative, prior to the architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following items:
(1)CA Business & Professions Code § 5536.22(a)(1) A description of the project for which the client is seeking services.
(2)CA Business & Professions Code § 5536.22(a)(2) A description of the services to be provided by the architect to the client.
(3)CA Business & Professions Code § 5536.22(a)(3) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by both parties.
(4)CA Business & Professions Code § 5536.22(a)(4) The name, address, and license number of the architect, the name and address of the client, and the project address.
(5)CA Business & Professions Code § 5536.22(a)(5) A description of the procedure that the architect and the client will use to accommodate additional services and contract changes, including, but not limited to, changes in the description of the project, in the description of the services, or in the description of the compensation and method of payment.
(6)CA Business & Professions Code § 5536.22(a)(6) A description of the procedure to be used by either party to terminate the contract.
(7)CA Business & Professions Code § 5536.22(a)(7) A statement identifying the ownership and use of instruments of service prepared by the architect.
(8)CA Business & Professions Code § 5536.22(a)(8) A statement in at least 12-point type that reads: “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.”
(b)CA Business & Professions Code § 5536.22(b) This section shall not apply to any of the following:
(1)CA Business & Professions Code § 5536.22(b)(1) Professional services rendered by an architect for which the client will not pay compensation.
(2)CA Business & Professions Code § 5536.22(b)(2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the architect’s services are of the same general kind which the architect has previously rendered to and received payment from the same client.
(3)CA Business & Professions Code § 5536.22(b)(3) If the client knowingly states in writing after full disclosure of this section that a writing which complies with the requirements of this section is not required.
(4)CA Business & Professions Code § 5536.22(b)(4) Professional services rendered by an architect to a professional engineer registered to practice engineering under Chapter 7 (commencing with Section 6700), or to a land surveyor licensed under Chapter 15 (commencing with Section 8700).
(5)CA Business & Professions Code § 5536.22(b)(5) Professional services rendered by an architect to a public agency when using that public agency’s written contract.

Section § 5536.25

Explanation

If an architect signs and stamps plans or related documents, they're not liable for any damage caused by changes or new uses of those documents unless they approved the changes in writing. They also don't have to oversee the construction unless that's part of a separate agreement. "Construction observation services" means checking the finished work to ensure it matches the plans, but doesn't involve managing construction or site safety.

(a)CA Business & Professions Code § 5536.25(a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.
(b)CA Business & Professions Code § 5536.25(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works that are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement that includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.
(c)Copy CA Business & Professions Code § 5536.25(c)
(1)Copy CA Business & Professions Code § 5536.25(c)(1) For purposes of this section, “construction observation services” means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, “construction observation services” does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.
(2)CA Business & Professions Code § 5536.25(c)(2) For purposes of this subdivision, “periodic observation” means visits by an architect, or their agent, to the site of a work of improvement.

Section § 5536.26

Explanation

When a licensed architect uses the words “certify” or “certification,” they're sharing their professional opinion about the subject but aren't making any promises or guarantees. This does not change the level of care that architects are normally expected to maintain in their work.

The use of the words “certify” or “certification” by a licensed architect in the practice of architecture constitutes an expression of professional opinion regarding those facts or findings that are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. Nothing in this section is intended to alter the standard of care ordinarily exercised by a licensed architect.

Section § 5536.27

Explanation

This law protects architects from being sued for negligence if they offer free structural inspection services during emergencies like earthquakes or floods after being asked by officials. The protection is only valid if the inspection happens within 30 days of the emergency declaration. However, if an architect acts with gross negligence or intentional misconduct, they can still be held liable.

(a)CA Business & Professions Code § 5536.27(a) An architect who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake, flood, riot, or fire at the request of a public official, public safety officer, or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the architect’s good faith but negligent inspection of a structure used for human habitation or a structure owned by a public entity for structural integrity or nonstructural elements affecting life and safety.
The immunity provided by this section shall apply only for an inspection that occurs within 30 days of the declared emergency.
Nothing in this section shall provide immunity for gross negligence or willful misconduct.
(b)CA Business & Professions Code § 5536.27(b) As used in this section:
(1)CA Business & Professions Code § 5536.27(b)(1) “Architect” has the meaning given by Section 5500.
(2)CA Business & Professions Code § 5536.27(b)(2) “Public safety officer” has the meaning given in Section 3301 of the Government Code.
(3)CA Business & Professions Code § 5536.27(b)(3) “Public official” means a state or local elected officer.

Section § 5537

Explanation

This section of the code explains situations where someone can create building plans without needing a professional license. Generally, people can prepare plans for certain structures like small woodframe houses, small multi-unit buildings, garages, and some farm buildings, as long as these structures don’t exceed two stories and a basement. However, if any part of these buildings isn't built using standard woodframe methods, a licensed architect or engineer must handle that part. This ensures all safety regulations are followed according to local and state guidelines.

(a)CA Business & Professions Code § 5537(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:
(1)CA Business & Professions Code § 5537(a)(1) Single-family dwellings of woodframe construction not more than two stories and basement in height.
(2)CA Business & Professions Code § 5537(a)(2) Multiple dwellings containing no more than four dwelling units of woodframe construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.
(3)CA Business & Professions Code § 5537(a)(3) Garages or other structures appurtenant to buildings described under subdivision (a), of woodframe construction not more than two stories and basement in height.
(4)CA Business & Professions Code § 5537(a)(4) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.
(b)CA Business & Professions Code § 5537(b) If any portion of any structure exempted by this section deviates from substantial compliance with conventional framing requirements for woodframe construction found in the most recent edition of Title 24 of the California Code of Regulations or tables of limitation for woodframe construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations for that portion by, or under the responsible control of, a licensed architect or registered engineer. The documents for that portion shall bear the stamp and signature of the licensee who is responsible for their preparation. Substantial compliance for purposes of this section is not intended to restrict the ability of the building officials to approve plans pursuant to existing law and is only intended to clarify the intent of Chapter 405 of the Statutes of 1985.

Section § 5537.1

Explanation

This law explains that a structural engineer, who is a type of civil engineer with special authorization, does not have to follow the rules set for architects. However, they cannot call themselves an 'architect' unless they are also officially licensed as one.

A structural engineer, defined as a registered civil engineer who has been authorized to use the title structural engineer under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a structural engineer may not use the title “architect,” unless he or she holds a license as required in this chapter.

Section § 5537.2

Explanation

This law makes it clear that licensed contractors in California cannot offer design services beyond what's specified unless supervised by an architect or licensed engineer. Contractors can, however, create shop and field drawings and design systems related to their contracted work. Importantly, contractors cannot call themselves 'architects' unless they hold the proper license.

This chapter shall not be construed as authorizing a licensed contractor to perform design services beyond those described in Section 5537 or in Chapter 9 (commencing with Section 7000), unless those services are performed by or under the direct supervision of a person licensed to practice architecture under this chapter, or a professional or civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3, insofar as the professional or civil engineer practices the profession for which he or she is registered under that chapter.
However, this section does not prohibit a licensed contractor from performing any of the services permitted by Chapter 9 (commencing with Section 7000) of Division 3 within the classification for which the license is issued. Those services may include the preparation of shop and field drawings for work which he or she has contracted or offered to perform, and designing systems and facilities which are necessary to the completion of contracting services which he or she has contracted or offered to perform.
However, a licensed contractor may not use the title “architect,” unless he or she holds a license as required in this chapter.

Section § 5537.4

Explanation

This law says that if you are a professional engineer registered in California, you don't have to follow the rules in this particular chapter related to architecture services, as long as you stick to engineering work. However, you cannot call yourself an 'architect' unless you are actually licensed as one.

A professional engineer registered to practice engineering under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a professional engineer may not use the title “architect,” unless he or she holds a license as required in this chapter.

Section § 5537.5

Explanation

If you're a civil engineer and practicing as such, this law says you don't have to follow the rules in this chapter of the law. However, you can't call yourself an "architect" unless you have the proper license for that.

A civil engineer authorized to use that title under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a civil engineer may not use the title “architect,” unless he or she holds a license as required in this chapter.

Section § 5537.6

Explanation

If you are a registered landscape architect in California, you don't have to follow the rules in this chapter related to architecture, except you can't just call yourself an 'architect' without saying 'landscape' in front of it, unless you also have an architecture license.

A landscape architect registered under the provisions of Chapter 3.5 (commencing with Section 5615), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a landscape architect may not use the title “architect,” exclusive of the word “landscape,” unless he or she holds a license as required in this chapter.

Section § 5537.7

Explanation

A licensed land surveyor doesn’t have to follow the rules for architects, but they cannot call themselves an "architect" unless they have an architect's license.

A land surveyor licensed under the provisions of Chapter 15 (commencing with Section 8700) of Division 3, insofar as he or she practices the profession for which he or she is licensed under Chapter 15 of Division 3, is exempt from the provisions of this chapter, except that a land surveyor may not use the title “architect,” unless he or she holds a license as required in this chapter.

Section § 5538

Explanation

This law section allows people to provide labor and materials for certain types of building work without needing a specific license. These works include tasks related to storefronts, interior adjustments, furniture, or equipment that don't affect the building's structure or safety. This includes the installation or alteration of nonstructural or nonseismic elements as long as they don't impact the overall safety or structural integrity.

This chapter does not prohibit any person from furnishing either alone or with contractors, if required by Chapter 9 (commencing with Section 7000) of Division 3, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data covering such labor and materials to be used for any of the following:
(a)CA Business & Professions Code § 5538(a) For nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment.
(b)CA Business & Professions Code § 5538(b) For any nonstructural or nonseismic work necessary to provide for their installation.
(c)CA Business & Professions Code § 5538(c) For any nonstructural or nonseismic alterations or additions to any building necessary to or attendant upon the installation of those storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, or equipment, provided those alterations do not change or affect the structural system or safety of the building.