SECTIONS 5535-5538 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5535-5538

5535. 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.

5535.1. 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.

5535.2. 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.

5535.25. 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.

5535.3. 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.

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 he or
she is an architect, that he or she is qualified to engage in the
practice of architecture, or that he or she is an architectural
designer.
(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.
(c) It is a misdemeanor, punishable as specified in subdivision
(a), for any person to advertise or represent that he or she is a
"registered building designer" or is registered or otherwise licensed
by the state as a building designer.

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. 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) 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, his
or her 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) 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) The board may adopt regulations necessary for the
implementation of this section.

5536.2. 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.

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 his or her 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) A description of services to be provided by the architect to
the client.
(2) A description of any basis of compensation applicable to the
contract and method of payment agreed upon by both parties.
(3) The name, address, and license number of the architect and the
name and address of the client.
(4) A description of the procedure that the architect and the
client will use to accommodate additional services.
(5) A description of the procedure to be used by either party to
terminate the contract.
(b) This section shall not apply to any of the following:
(1) Professional services rendered by an architect for which the
client will not pay compensation.
(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) 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) 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).

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) 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 which 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
which 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) "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.
For purposes of this subdivision, "periodic observation" means
visits by an architect, or his or her agent, to the site of a work of
improvement.

5536.26. 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.

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) As used in this section:
(1) "Architect" has the meaning given by Section 5500.
(2) "Public safety officer" has the meaning given in Section 3301
of the Government Code.
(3) "Public official" means a state or local elected officer.

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) 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) 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) The architect or other person may charge a reasonable fee to
cover the reproduction costs of providing a copy of the plans.
(e) As used in this section, "residential real property" means a
single family structure, whether or not owner-occupied.

5536.5. 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 in the state
prison 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 the county jail not exceeding one year, or by
both the fine and imprisonment.

5537. (a) This chapter does not prohibit any person from preparing
plans, drawings, or specifications for any of the following:
(1) Single-family dwellings of woodframe construction not more
than two stories and basement in height.
(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) Garages or other structures appurtenant to buildings described
under subdivision (a), of woodframe construction not more than two
stories and basement in height.
(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) 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.

5537.1. 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.

5537.2. 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.

5537.4. 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.

5537.5. 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.

5537.6. 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.

5537.7. 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.

5538. 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) For nonstructural or nonseismic storefronts, interior
alterations or additions, fixtures, cabinetwork, furniture, or other
appliances or equipment.
(b) For any nonstructural or nonseismic work necessary to provide
for their installation.
(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.