ArchitectureApplication of Chapter
Section § 5535
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.
Section § 5535.1
"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.
Section § 5535.2
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.
Section § 5535.3
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.
Section § 5535.25
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.
Section § 5536
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.
Section § 5536.1
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.
Section § 5536.2
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.
Section § 5536.3
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.
Section § 5536.4
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.
Section § 5536.5
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.
Section § 5536.22
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.
Section § 5536.25
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.
Section § 5536.26
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.
Section § 5536.27
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.
Section § 5537
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.
Section § 5537.1
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.
Section § 5537.2
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.
Section § 5537.4
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.
Section § 5537.5
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.
Section § 5537.6
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.
Section § 5537.7
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.
Section § 5538
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.