SECTIONS 6730-6749 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6730-6749

6730. In order to safeguard life, health, property and public
welfare, any person, either in a public or private capacity, except
as in this chapter specifically excepted, who practices, or offers to
practice, civil engineering, electrical engineering or mechanical
engineering, in any of its branches in this state, including any
person employed by the State of California, or any city, county, or
city and county, who practices engineering, shall submit evidence
that he or she is qualified to practice, and shall be licensed
accordingly as a civil engineer, electrical engineer or mechanical
engineer by the board.

6730.2. It is the intent of the Legislature that the registration
requirements that are imposed upon private sector professional
engineers and engineering partnerships, firms, or corporations shall
be imposed upon the state and any city, county, or city and county
that shall adhere to those requirements. Therefore, for the purposes
of Section 6730 and this chapter, at least one registered engineer
shall be designated the person in responsible charge of professional
engineering work for each branch of professional engineering
practiced in any department or agency of the state, city, county, or
city and county.
Any department or agency of the state or any city, county, or city
and county which has an unregistered person in responsible charge of
engineering work on January 1, 1985, shall be exempt from this
requirement until that time as the person currently in responsible
charge is replaced.

6731. Civil engineering embraces the following studies or
activities in connection with fixed works for irrigation, drainage,
waterpower, water supply, flood control, inland waterways, harbors,
municipal improvements, railroads, highways, tunnels, airports and
airways, purification of water, sewerage, refuse disposal,
foundations, grading, framed and homogeneous structures, buildings,
or bridges:
(a) The economics of, the use and design of, materials of
construction and the determination of their physical qualities.
(b) The supervision of the construction of engineering structures.
(c) The investigation of the laws, phenomena and forces of nature.
(d) Appraisals or valuations.
(e) The preparation or submission of designs, plans and
specifications and engineering reports.
(f) Coordination of the work of professional, technical, or
special consultants.
(g) Creation, preparation, or modification of electronic or
computerized data in the performance of the activities described in
subdivisions (a) through (f).
Civil engineering also includes city and regional planning insofar
as any of the above features are concerned therein.
Civil engineers registered prior to January 1, 1982, shall be
authorized to practice all land surveying as defined in Chapter 15
(commencing with Section 8700) of Division 3.

6731.1. Civil engineering also includes the practice or offer to
practice, either in a public or private capacity, all of the
following:
(a) Locates, relocates, establishes, reestablishes, or retraces
the alignment or elevation for any of the fixed works embraced within
the practice of civil engineering, as described in Section 6731.
(b) Determines the configuration or contour of the earth's surface
or the position of fixed objects above, on, or below the surface of
earth by applying the principles of trigonometry or photogrammetry.
(c) Creates, prepares, or modifies electronic or computerized data
in the performance of the activities described in subdivisions (a)
and (b).
(d) Renders a statement regarding the accuracy of maps or measured
survey data pursuant to subdivisions (a), (b), and (c).

6731.2. Any registered civil engineer may offer to practice,
procure, and offer to procure, land surveying work incidental to his
or her civil engineering practice, even though he or she is not
authorized to perform that work, provided all the land surveying work
is performed by, or under the direction of, a licensed land surveyor
or registered civil engineer authorized to practice land surveying.
Further, any registered civil engineer may manage or conduct as
manager, proprietor, or agent, a civil engineering practice which
offers to practice, procure, and offers to procure, such incidental
land surveying work.

6731.3. A registered civil engineer may also practice or offer to
practice, either in a public or private capacity, construction
project management services, including, but not limited to,
construction project design review and evaluation, construction
mobilization and supervision, bid evaluation, project scheduling,
cost-benefit analysis, claims review and negotiation, and general
management and administration of a construction project.

6731.4. If a registered civil engineer provides construction
management services pursuant to Section 6731.3, Section 6703.1 shall
not limit the responsibility of the engineer for the services
actually provided.

6731.5. (a) Electrical engineering is that branch of professional
engineering described in Section 6734.1 that embraces studies or
activities relating to the generation, transmission, and utilization
of electrical energy, including the design of electrical, electronic,
and magnetic circuits, and the technical control of their operation
and of the design of electrical gear. It is concerned with the
research, organizational, and economic aspects of the above.
(b) The design of electronic and magnetic circuits is not
exclusive to the practice of electrical engineering, as defined in
subdivision (a).

6731.6. Mechanical engineering is that branch of professional
engineering described in Section 6734.2 that deals with engineering
problems relating to generation, transmission, and utilization of
energy in the thermal or mechanical form and also with engineering
problems relating to the production of tools, machinery, and their
products, and to heating, ventilation, refrigeration, and plumbing.
It is concerned with the research, design, production, operational,
organizational, and economic aspects of the above.

6732. It is unlawful for anyone other than a professional engineer
licensed under this chapter to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal or
stamp of a professional engineer, or in any manner, use the title
"professional engineer," "licensed engineer," "registered engineer,"
or "consulting engineer," or any of the following branch titles:
"agricultural engineer," "chemical engineer," "civil engineer,"
"control system engineer," "electrical engineer," "fire protection
engineer," "industrial engineer," "mechanical engineer,"
"metallurgical engineer," "nuclear engineer," "petroleum engineer,"
or "traffic engineer," or any combination of these words and phrases
or abbreviations thereof unless licensed under this chapter.

6732.1. Any person who has been granted permission to use the title
"consulting engineer" pursuant to legislation enacted at the 1963,
1965, or 1968 Regular Session is exempt from the provisions of
Section 6732 as it restricts the use of the title "consulting
engineer", and such exemption shall apply so long as the applicant
remains in practice and advises the board of any change of address
within 30 days of such change. The board may adopt such rules under
provisions of the Administrative Procedure Act as are necessary to
implement this section.
The provisions of Articles 5 (commencing with Section 6775), 6
(commencing with Section 6785), and 7 (commencing with Section 6795)
of this chapter shall apply to all persons who are granted permission
to use the title "consulting engineer" pursuant to legislation
enacted in 1963 and 1965 and the amendments to this section enacted
at the 1968 Regular Session.

6732.2. Any person who possesses a valid certificate to practice
photogrammetry issued to him under the provisions of Chapter 15
(commencing with Section 8700) of this division may apply for, and be
issued, a certificate of authority to use the title "consulting
engineer," if all of the following requirements are satisfied:
(a) Application is made on a form provided by the board and is
accompanied by the fees prescribed in Section 8805.
(b) Information submitted evidences to the satisfaction of the
board that the applicant has had five years of independent control in
furnishing consulting photogrammetric, geodetic, or topographic
surveying services or consulting surveying services in connection
with fixed works as defined in Section 6731.
Authority to use the title "consulting engineer" granted under
this section does not affect authorizations made under the several
provisions provided in Section 6732.1.
Authority to use the title "consulting engineer" granted under
this section shall remain valid only while its holder's basic license
is valid, and if it lapses it may be renewed only as provided in
Article 7 (commencing with Section 6795).
The provisions of Article 5 (commencing with Section 6775),
Article 6 (commencing with Section 6785), and Article 7 (commencing
with Section 6795), of this chapter, shall apply to the certificates
issued as provided in this section and to the persons so
certificated.

6732.3. (a) Any person who has received from the board a license in
corrosion, manufacturing, quality, or safety engineering, and who
holds a valid license under this chapter, may continue to use the
branch title of the branch in which the professional engineer is
legally licensed. A person holding a license in corrosion,
manufacturing, quality, or safety engineering is subject to the
license renewal provisions of this chapter.
(b) The professional engineer also may continue to use the title
of "professional engineer," "licensed engineer," "registered
engineer," or "consulting engineer."

6732.4. (a) Notwithstanding any other provision of law, any person
who has applied for registration as a corrosion, quality, or safety
engineer, and who has completed the written examination in one or
more of these branch titles prior to January 1, 1999, shall be issued
a registration in the branch title for which the applicant was
examined, provided that he or she has met all other qualifications
for registration. The board shall not administer any examination for
registration as a corrosion, quality, or safety engineer on or after
January 1, 1999.
(b) Notwithstanding any other provision of law, any person who has
applied for registration as a manufacturing engineer, and who has
completed the written examination for this branch title prior to
January 1, 2004, shall be issued a registration as a manufacturing
engineer, provided that he or she has met all other qualifications
for registration. The board shall not administer any examination for
registration as a manufacturing engineer on or after January 1, 2004.

6732.5. (a) Upon the discontinuance of a national examination for a
branch specified in this chapter, the board shall not be required to
administer an examination for a license in that branch or be
required to issue licenses in that branch.
(b) Any person who has received from the board a license in a
branch for which the national examination is discontinued, and who
holds a valid license under this chapter, may continue to use the
branch title of the branch in which the professional engineer is
legally licensed. A person holding a license in the affected branch
of engineering is subject to the license renewal provisions of this
chapter. The professional engineer may also continue to use the title
of "professional engineer," "licensed engineer," or "consulting
engineer."

6733. It is unlawful for anyone to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal
after the certificate of the registrant, named thereon, has expired
or has been suspended or revoked, unless the certificate has been
renewed or reissued.

6734. Any person practices civil engineering when he professes to
be a civil engineer or is in responsible charge of civil engineering
work.

6734.1. Any person practices electrical engineering when he
professes to be an electrical engineer or is in responsible charge of
electrical engineering work.

6734.2. Any person practices mechanical engineering when he
professes to be a mechanical engineer or is in responsible charge of
mechanical engineering work.

6735. (a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as "documents") shall be prepared by, or
under the responsible charge of, a licensed civil engineer and shall
include his or her name and license number. Interim documents shall
include a notation as to the intended purpose of the document, such
as "preliminary," "not for construction," "for plan check only," or
"for review only." All civil engineering plans and specifications
that are permitted or that are to be released for construction shall
bear the signature and seal or stamp of the licensee and the date of
signing and sealing or stamping. All final civil engineering
calculations and reports shall bear the signature and seal or stamp
of the licensee, and the date of signing and sealing or stamping. If
civil engineering plans are required to be signed and sealed or
stamped and have multiple sheets, the signature, seal or stamp, and
date of signing and sealing or stamping shall appear on each sheet of
the plans. If civil engineering specifications, calculations, and
reports are required to be signed and sealed or stamped and have
multiple pages, the signature, seal or stamp, and date of signing and
sealing or stamping shall appear at a minimum on the title sheet,
cover sheet, or signature sheet.
(b) Notwithstanding subdivision (a), a licensed civil engineer who
signs civil engineering documents shall not be responsible for
damage caused by subsequent changes to or uses of those documents, if
the subsequent changes or uses, including changes or uses made by
state or local governmental agencies, are not authorized or approved
by the licensed civil engineer who originally signed the documents,
provided that the engineering service rendered by the civil engineer
who signed the documents was not also a proximate cause of the
damage.

6735.1. The signing of civil engineering 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 supervise the
construction of engineering structures or the construction of the
fixed works which are the subject of the plans, specifications,
reports, or documents. However, nothing in this section shall
preclude a civil engineer and a client from entering into a
contractual agreement which includes a mutually acceptable
arrangement for the provision of construction supervision services.
Nothing contained in this subdivision shall modify the liability of a
civil engineer who undertakes, contractually or otherwise, the
provision of construction supervision services for rendering those
services.

6735.3. (a) All electrical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of, a licensed
electrical engineer shall include his or her name and license number.
Interim documents shall include a notation as to the intended
purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All
electrical engineering plans and specifications that are permitted or
that are to be released for construction shall bear the signature
and seal or stamp of the licensee and the date of signing and sealing
or stamping. All final electrical engineering calculations and
reports shall bear the signature and seal or stamp of the licensee
and the date of signing and sealing or stamping. If electrical
engineering plans are required to be signed and sealed and have
multiple sheets, the signature, seal or stamp, and date of signing
and sealing or stamping shall appear on each sheet of the plans. If
electrical engineering specifications, calculations, and reports are
required to be signed and sealed or stamped and have multiple pages,
the signature, seal or stamp, and date of signing and sealing or
stamping shall appear at a minimum on the title sheet, cover sheet,
or signature sheet.
(b) Notwithstanding subdivision (a), a licensed electrical
engineer who signs electrical engineering documents shall not be
responsible for damage caused by subsequent changes to or uses of
those documents, if the subsequent changes or uses, including changes
or uses made by state or local governmental agencies, are not
authorized or approved by the licensed electrical engineer who
originally signed the documents, provided that the engineering
service rendered by the electrical engineer who signed the documents
was not also a proximate cause of the damage.

6735.4. (a) All mechanical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of, a licensed
mechanical engineer shall include his or her name and license number.
Interim documents shall include a notation as to the intended
purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All
mechanical engineering plans and specifications that are permitted or
that are to be released for construction shall bear the signature
and seal or stamp of the licensee and the date of signing and sealing
or stamping. All final mechanical engineering calculations and
reports shall bear the signature and seal or stamp of the licensee
and the date of signing and sealing or stamping. If mechanical
engineering plans are required to be signed and sealed and have
multiple sheets, the signature, seal or stamp, and date of signing
and sealing or stamping shall appear on each sheet of the plans. If
mechanical engineering specifications, calculations, and reports are
required to be signed and sealed or stamped and have multiple pages,
the signature, seal or stamp, and date of signing and sealing or
stamping shall appear at a minimum on the title sheet, cover sheet,
or signature sheet.
(b) Notwithstanding subdivision (a), a licensed mechanical
engineer who signs mechanical engineering documents shall not be
responsible for damage caused by subsequent changes to or uses of
those documents, if the subsequent changes or uses, including changes
or uses made by state or local governmental agencies, are not
authorized or approved by the licensed mechanical engineer who
originally signed the documents, provided that the engineering
service rendered by the mechanical engineer who signed the documents
was not also a proximate cause of the damage.

6735.5. The use of the word "certify" or "certification" by a
registered professional engineer in the practice of professional
engineering or land surveying constitutes an expression of
professional opinion regarding those facts or findings which are the
subject of the certification, and does not constitute a warranty or
guarantee, either expressed or implied.

6735.6. If a registered civil engineer is required to provide as
built, as constructed, or record plans for improvements or grading,
which plans show changes during the construction process, the
following shall apply:
(a) If the registered civil engineer provided construction phase
services on the project that include supervision of the construction
of engineering structures, the plans shall be based upon the field
observations of the registered civil engineer and his or her agents,
and information received from the project owner, project contractors,
and public agencies.
(b) If the registered civil engineer did not provide construction
phase services on the project that include supervision of the
construction of engineering structures, the plans shall be based on
information received from the project owner, project contractors, and
public agencies, but need not be based upon a field verification or
investigation of the improvements or grades, unless the registered
civil engineer is engaged to provide such field verification
services.
(c) The registered civil engineer shall not be required to include
a certificate or statement on as built, as constructed, or record
plans that is inconsistent with or varies from the provisions of this
section.

6736. No person shall use the title, "structural engineer," or any
combination of these words or abbreviations thereof, unless he or she
is a licensed civil engineer in this state and unless he or she has
been found qualified as a structural engineer according to the rules
and regulations established for structural engineers by the board.

6736.1. (a) No person shall use the title, "soil engineer," "soils
engineer," or "geotechnical engineer," or any combination of these
words or abbreviations thereof, unless he or she is a licensed civil
engineer in this state and files an application to use the
appropriate title with the board and the board determines the
applicant is qualified to use the requested title.
(b) The board shall establish qualifications and standards to use
the title "soil engineer," "soils engineer," or "geotechnical
engineer." However, each applicant shall demonstrate a minimum of
four years qualifying experience beyond that required for licensure
as a civil engineer, and shall pass the examination specified by the
board.
(c) For purposes of this section, "qualifying experience" means
proof of responsible charge of soil engineering projects in at least
50 percent of the major areas of soil engineering, as determined by
the board.
(d) Nothing contained in this chapter requires existing references
to "soil engineering," "soils engineering," "geotechnical
engineering," "soil engineer," "soils engineer," or "geotechnical
engineer," in local agency ordinances, building codes, regulations,
or policies, to mean that those activities or persons must be
registered or authorized to use the relevant title or authority.

6737. An architect, who holds a certificate to practice
architecture in this State under the provisions of Chapter 3 of
Division 3 of this code insofar as he practices architecture in its
various branches, is exempt from registration under the provisions of
this chapter.

6737.1. (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 charge of, a licensed
engineer, or by, or under the responsible control of, an architect
licensed pursuant to Chapter 3 (commencing with Section 5500). The
documents for that portion shall bear the stamp and signature of the
licensee who is responsible for their preparation.

6737.2. Nothing in this chapter shall prohibit a civil engineer,
registered under the provisions of this chapter, from practicing or
offering to practice any engineering in connection with or
supplementary to civil engineering studies or activities as defined
in Section 6731.

6737.3. A contractor licensed under Chapter 9 (commencing with
Section 7000) of Division 3 is exempt from the provisions of this
chapter relating to the practice of electrical or mechanical
engineering so long as the services he or she holds himself or
herself out as able to perform or does perform, which services are
subject to the provisions of this chapter, are performed by, or under
the responsible charge of a registered electrical or mechanical
engineer insofar as the electrical or mechanical engineer practices
the branch of engineering for which he or she is registered.
This section shall not prohibit a licensed contractor, while
engaged in the business of contracting for the installation of
electrical or mechanical systems or facilities, from designing those
systems or facilities in accordance with applicable construction
codes and standards for work to be performed and supervised by that
contractor within the classification for which his or her license is
issued, or from preparing electrical or mechanical shop or field
drawings for work which he or she has contracted to perform. Nothing
in this section is intended to imply that a licensed contractor may
design work which is to be installed by another person.

6738. (a) This chapter does not prohibit one or more civil,
electrical, or mechanical engineers from practicing or offering to
practice, within the scope of their license, civil (including
geotechnical and structural), electrical, or mechanical engineering
as a sole proprietorship, partnership, limited liability partnership,
firm, or corporation (hereinafter called business), if all of the
following requirements are met:
(1) A civil, electrical, or mechanical engineer currently licensed
in this state is an owner, partner, or officer in charge of the
engineering practice of the business.
(2) All civil, electrical, or mechanical engineering services are
performed by, or under the responsible charge of, a professional
engineer licensed in the appropriate branch of professional
engineering.
(3) If the business name of a California engineering business
contains the name of any person, then that person shall be licensed
as a professional engineer, a licensed land surveyor, a licensed
architect, or a geologist registered under the Geologist and
Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any
offer, promotion, or advertisement by the business that contains the
name of any individual in the business, other than by use of the name
of an individual in the business name, shall clearly and
specifically designate the license or registration discipline of each
individual named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have an
owner, partner, or officer who is in charge of the engineering work
in the branch in this state, who is licensed in this state, and who
is physically present at the branch office in this state on a regular
basis. However, the name of the business may contain the name of any
person not licensed in this state if that person is appropriately
registered or licensed in another state. Any offer, promotion, or
advertisement that contains the name of any individual in the
business, other than by use of the names of the individuals in the
business name, shall clearly and specifically designate the license
or registration discipline of each individual named.
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of paragraph (3) of subdivision (a)
shall be met.
(d) A person not licensed under this chapter may also be a partner
or an officer of a civil, electrical, or mechanical engineering
business if the requirements of subdivision (a) are met. Nothing in
this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical engineering business, unless otherwise
exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor other than the practice of civil,
electrical, or mechanical engineering from employing or contracting
with a licensed civil, electrical, or mechanical engineer to perform
the respective engineering services incidental to the conduct of
business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering civil, electrical, or mechanical
engineering services, including the use by any lawful successor or
survivor, that lawfully was in existence on December 31, 1987.
However, the business is subject to paragraphs (1) and (2) of
subdivision (a).
(g) A business engaged in rendering civil, electrical, or
mechanical engineering services may use in its name the name of a
deceased or retired person provided all of the following conditions
are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of
the business, or an owner, partner, or officer of the predecessor in
interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a).
(h) This section does not affect the provisions of Sections 6731.2
and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering civil, electrical, or
mechanical engineering services.
(j) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

6738. (a) This chapter does not prohibit one or more civil,
electrical, or mechanical engineers from practicing or offering to
practice within the scope of their license civil (including
geotechnical and structural), electrical, or mechanical engineering
as a sole proprietorship, partnership, firm, or corporation
(hereinafter called business), if all of the following requirements
are met:
(1) A civil, electrical, or mechanical engineer currently licensed
in this state is an owner, partner, or officer in charge of the
engineering practice of the business.
(2) All civil, electrical, or mechanical engineering services are
performed by, or under the responsible charge of, a professional
engineer licensed in the appropriate branch of professional
engineering.
(3) If the business name of a California engineering business
contains the name of any person, then that person shall be licensed
as a professional engineer, a licensed land surveyor, a licensed
architect, or a geologist registered under the Geologist and
Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any
offer, promotion, or advertisement by the business that contains the
name of any individual in the business, other than by use of the name
of an individual in the business name, shall clearly and
specifically designate the license or registration discipline of each
individual named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have an
owner, partner, or officer who is in charge of the engineering work
in the branch in this state, who is licensed in this state, and who
is physically present at the branch office in this state on a regular
basis. However, the name of the business may contain the name of any
person not licensed in this state if that person is appropriately
registered or licensed in another state. Any offer, promotion, or
advertisement that contains the name of any individual in the
business, other than by use of the names of the individuals in the
business name, shall clearly and specifically designate the license
or registration discipline of each individual named.
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of paragraph (3) of subdivision (a)
shall be met.
(d) A person not licensed under this chapter may also be a partner
or an officer of a civil, electrical, or mechanical engineering
business if the requirements of subdivision (a) are met. Nothing in
this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical engineering business, unless otherwise
exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor other than the practice of civil,
electrical, or mechanical engineering from employing or contracting
with a licensed civil, electrical, or mechanical engineer to perform
the respective engineering services incidental to the conduct of
business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering civil, electrical, or mechanical
engineering services, including the use by any lawful successor or
survivor, that lawfully was in existence on December 31, 1987.
However, the business is subject to paragraphs (1) and (2) of
subdivision (a).
(g) A business engaged in rendering civil, electrical, or
mechanical engineering services may use in its name the name of a
deceased or retired person provided all of the following conditions
are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of
the business, or an owner, partner, or officer of the predecessor in
interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased business if it is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a).
(h) This section does not affect the provisions of Sections 6731.2
and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering civil, electrical, or
mechanical engineering services.
(j) This section shall become operative on January 1, 2016.

6739. Officers and employees of the United States of America
practicing solely as such officers or employees are exempt from
registration under the provisions of this chapter.

6740. A subordinate to a civil, electrical or mechanical engineer
licensed under this chapter, or a subordinate to a civil, electrical
or mechanical engineer exempted from licensure under this chapter,
insofar as he or she acts solely in that capacity, is exempt from
licensure under the provisions of this chapter. This exemption,
however, does not permit any such subordinate to practice civil,
electrical or mechanical engineering in his or her own right or to
use the titles listed in Sections 6732, 6736, and 6736.1.

6741. Any person, firm, partnership, or corporation is exempt from
registration under the provisions of this chapter who meets all the
following:
(a) Is a nonresident of the State of California.
(b) Is legally qualified in another state to practice as a civil,
electrical, or mechanical engineer.
(c) Does not maintain a regular place of business in this state.
(d) Offers to but does not practice civil, electrical, or
mechanical engineering in this state.

6742. Any person, firm or corporation holding a license as real
estate broker or real estate salesman, when making appraisals and
valuations of real estate properties, while engaged in the business
or acting in the capacity of a real estate broker or a real estate
salesman, within the meaning of the California Real Estate Act is
exempt from registration under the provisions of this chapter.

6743. This chapter does not affect Chapter 15 of Division 3 of this
code, relating to surveyors, except insofar as this chapter is
expressly made applicable.

6744. This chapter does not require registration for the purpose of
practicing civil engineering, by an individual, a member of a firm
or partnership, or by an officer of a corporation on or in connection
with property owned or leased by the individual, firm, partnership,
or corporation, unless the civil engineering work to be performed
involves the public health or safety or the health and safety of
employees of the individual, firm, partnership or corporation.

6745. This chapter does not prohibit any person, firm or
corporation from furnishing, either alone or with subcontractors,
labor and materials, with or without plans, drawings, specifications,
instruments of service or other data covering such labor and
materials:
(a) For store fronts, interior alterations or additions, fixtures,
cabinet work, furniture or other appliances or equipment.
(b) For any work necessary to provide for their installation.
(c) For any alterations or additions to any building necessary to
or attendant upon the installation of such store fronts, interior
alterations or additions, fixtures, cabinet work, furniture,
appliances or equipment; provided, such alterations do not affect the
structural safety of the building.

6746. Plans, specifications, reports and documents relating to
communication lines and equipment prepared by employees of
communications companies which come under the jurisdiction of the
Public Utilities Commission, and by employees of contractors while
engaged in work on communication equipment for communications
companies which come under the jurisdiction of the Public Utilities
Commission, are not subject to the provisions of this chapter.

6746.1. The provisions of this chapter pertaining to licensure of
professional engineers, other than civil engineers, do not apply to
employees in the communications industry, nor to the employees of
contractors while engaged in work on communications equipment.
However, those employees may not use any of the titles listed in
Sections 6732, 6736, and 6736.1, unless licensed.

6747. (a) This chapter, except for those provisions that apply to
civil engineers and civil engineering, shall not apply to the
performance of engineering work by a manufacturing, mining, public
utility, research and development, or other industrial corporation,
or by employees of that corporation, provided that work is in
connection with, or incidental to, the products, systems, or services
of that corporation or its affiliates.
(b) For purposes of this section, "employees" also includes
consultants, temporary employees, contract employees, and those
persons hired pursuant to third-party contracts.

6748. (a) Notwithstanding Section 6747, this chapter applies to
engineering work approved by a person employed by a privately or
publicly owned utility in the planning, designing, construction,
operation, or maintenance of a nuclear powerplant which is owned or
operated by the utility.
(b) Any engineering work subject to subdivision (a) shall be
approved by a professional engineer registered in the applicable
discipline of engineering specified in Section 6732.

6749. (a) A professional engineer shall use a written contract when
contracting to provide professional engineering services to a client
pursuant to this chapter. The written contract shall be executed by
the professional engineer and the client, or his or her
representative, prior to the professional engineer 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:
(1) A description of the services to be provided to the client by
the professional engineer.
(2) A description of any basis of compensation applicable to the
contract, and the method of payment agreed upon by the parties.
(3) The name, address, and license or certificate number of the
professional engineer, and the name and address of the client.
(4) A description of the procedure that the professional engineer
and the client will use to accommodate additional services.
(5) A description of the procedure to be used by any party to
terminate the contract.
(b) This section shall not apply to any of the following:
(1) Professional engineering services rendered by a professional
engineer for which the client will not pay compensation.
(2) A professional engineer who has a current or prior contractual
relationship with the client to provide engineering services, and
that client has paid the professional engineer all of the fees that
are due under the contract.
(3) If the client knowingly states in writing after full
disclosure of this section that a contract which complies with the
requirements of this section is not required.
(4) Professional engineering services rendered by a professional
engineer to any of the following:
(A) A professional engineer licensed or registered under this
chapter.
(B) A land surveyor licensed under Chapter 15 (commencing with
Section 8700).
(C) An architect licensed under Chapter 3 (commencing with Section
5500).
(D) A contractor licensed under Chapter 9 (commencing with Section
7000).
(E) A geologist or a geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
(F) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with or incidental to the products, systems,
or services of that corporation or its affiliates.
(G) A public agency.
(c) "Written contract" as used in this section includes a contract
that is in electronic form.