SECTIONS 8725-8731 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 8725-8731

8725. Any person practicing, or offering to practice, land
surveying in this state shall submit evidence that he or she is
qualified to practice and shall be licensed under this chapter.
It is unlawful for any person to practice, offer to practice, or
represent himself or herself, as a land surveyor in this state, or to
set, reset, replace, or remove any survey monument on land in which
he or she has no legal interest, unless he or she has been licensed
or specifically exempted from licensing under this chapter.

8726. A person, including any person employed by the state or by a
city, county, or city and county within the state, practices land
surveying within the meaning of this chapter who, either in a public
or private capacity, does or offers to do any one or more 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 the earth by applying the principles of mathematics or
photogrammetry.
(c) Locates, relocates, establishes, reestablishes, or retraces
any property line or boundary of any parcel of land, right-of-way,
easement, or alignment of those lines or boundaries.
(d) Makes any survey for the subdivision or resubdivision of any
tract of land. For the purposes of this subdivision, the term
"subdivision" or "resubdivision" shall be defined to include, but not
be limited to, the definition in the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7 of the Government Code)
or the Subdivided Lands Law (Chapter 1 (commencing with Section
11000) of Part 2 of Division 4 of this code).
(e) By the use of the principles of land surveying determines the
position for any monument or reference point which marks a property
line, boundary, or corner, or sets, resets, or replaces any monument
or reference point.
(f) Geodetic or cadastral surveying. As used in this chapter,
geodetic surveying means performing surveys, in which account is
taken of the figure and size of the earth to determine or
predetermine the horizontal or vertical positions of fixed objects
thereon or related thereto, geodetic control points, monuments, or
stations for use in the practice of land surveying or for stating the
position of fixed objects, geodetic control points, monuments, or
stations by California Coordinate System coordinates.
(g) Determines the information shown or to be shown on any map or
document prepared or furnished in connection with any one or more of
the functions described in subdivisions (a), (b), (c), (d), (e), and
(f).
(h) Indicates, in any capacity or in any manner, by the use of the
title "land surveyor" or by any other title or by any other
representation that he or she practices or offers to practice land
surveying in any of its branches.
(i) Procures or offers to procure land surveying work for himself,
herself, or others.
(j) Manages, or conducts as manager, proprietor, or agent, any
place of business from which land surveying work is solicited,
performed, or practiced.
(k) Coordinates the work of professional, technical, or special
consultants in connection with the activities authorized by this
chapter.
(l) Determines the information shown or to be shown within the
description of any deed, trust deed, or other title document prepared
for the purpose of describing the limit of real property in
connection with any one or more of the functions described in
subdivisions (a) to (f), inclusive.
(m) Creates, prepares, or modifies electronic or computerized data
in the performance of the activities described in subdivisions (a),
(b), (c), (d), (e), (f), (k), and (l).
(n) Renders a statement regarding the accuracy of maps or measured
survey data.
Any department or agency of the state or any city, county, or city
and county that has an unregistered person in responsible charge of
land surveying work on January 1, 1986, shall be exempt from the
requirement that the person be licensed as a land surveyor until the
person currently in responsible charge is replaced.
The review, approval, or examination by a governmental entity of
documents prepared or performed pursuant to this section shall be
done by, or under the direct supervision of, a person authorized to
practice land surveying.

8726.1. Any licensed land surveyor may offer to practice, procure,
and offer to procure civil engineering work incidental to his or her
land surveying practice, even though he or she is not authorized to
perform such work, provided all such civil engineering work is
performed by or under the direction of a registered civil engineer.
Further, any licensed land surveyor may manage or conduct as manager,
proprietor, or agent, a land surveying practice which offers to
practice, procure, and offers to procure, such incidental civil
engineering work.

8726.2. A licensed land surveyor may also perform land planning in
connection with the land surveying activities authorized by this
chapter.

8727. Surveys made exclusively for geological or landscaping
purposes, which do not involve the determination of any property line
do not constitute surveying within the meaning of this chapter.

8728. Surveys authorized under this chapter do not include the
design, either in whole or in part, of any structure or fixed works
embraced within the practice of civil engineering.

8729. (a) This chapter does not prohibit one or more licensed land
surveyors or civil engineers licensed in this state prior to 1982
(hereinafter called civil engineers) from practicing or offering to
practice, within the scope of their licensure, land surveying as a
sole proprietorship, partnership, limited liability partnership,
firm, or corporation (hereinafter called business), if the following
conditions are satisfied:
(1) A land surveyor or civil engineer currently licensed in the
state is an owner, partner, or officer in charge of the land
surveying practice of the business.
(2) All land surveying services are performed by or under the
responsible charge of a land surveyor or civil engineer.
(3) If the business name of a California land surveying business
contains the name of a person, then that person shall be licensed by
the board as a land surveyor or licensed by the board in any year as
a civil engineer. 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 the individual in the business name,
shall clearly and specifically designate the license 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 land surveying
work 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 a
person not licensed in this state, if that person is appropriately
licensed or registered in another state. Any offer, promotion, or
advertisement that contains the name of any individual in the
business, other than by use of the name of the individual 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 land surveying business may
be a fictitious name. However, if the fictitious name includes the
names of any person, the requirements of paragraph (3) of subdivision
(a) shall be met.
(d) A person not licensed under this chapter or licensed as a
civil engineer in this state prior to 1982 may also be a partner or
an officer of a land surveying business if the conditions of
subdivision (a) are satisfied. Nothing in this section shall be
construed to permit a person who is not licensed under this chapter
or licensed as a civil engineer in this state prior to 1982 to be the
sole owner or office of a land surveying 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 land
surveying, from employing or contracting with a licensed land
surveyor or a licensed civil engineer to perform the respective land
surveying services incidental to the conduct of business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering land surveying services, including the
use by any lawful successor or survivor, that lawfully was in
existence on June 1, 1941. However, the business is subject to the
provisions of paragraphs (1) and (2) of subdivision (a).
(g) A business engaged in rendering land surveying services may
use in its name the name of a deceased or retired person if 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 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 land surveyor or a
civil engineer by the board, if operating a place of business or
practice in this state, or by an applicable state board in the event
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 land
surveying business in this state during the period of that consent,
except that a retired person may use his or her name as the name of a
new or purchased business, if that business is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to paragraphs (1) and (2) of
subdivision (a).
(h) This section does not affect Sections 6731.2 and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering professional land
surveying 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.

8729. (a) This chapter does not prohibit one or more licensed land
surveyors or civil engineers licensed in this state prior to 1982
(hereinafter called civil engineers) from practicing or offering to
practice within the scope of their licensure, land surveying as a
sole proprietorship, partnership, firm, or corporation (hereinafter
called business), if the following conditions are satisfied:
(1) A land surveyor or civil engineer currently licensed in the
state is an owner, partner, or officer in charge of the land
surveying practice of the business.
(2) All land surveying services are performed by or under the
responsible charge of a land surveyor or civil engineer.
(3) If the business name of a California land surveying business
contains the name of a person, then that person shall be licensed by
the board as a land surveyor or licensed by the board in any year as
a civil engineer. 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 the individual in the business name,
shall clearly and specifically designate the license 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 land surveying
work 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 a
person not licensed in this state, if that person is appropriately
licensed or registered in another state. Any offer, promotion, or
advertisement that contains the name of any individual in the
business, other than by use of the name of the individual 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 land surveying business may
be a fictitious name. However, if the fictitious name includes the
names of any person, the requirements of paragraph (3) of subdivision
(a) shall be met.
(d) A person not licensed under this chapter or licensed as a
civil engineer in this state prior to 1982 may also be a partner or
an officer of a land surveying business if the conditions of
subdivision (a) are satisfied. Nothing in this section shall be
construed to permit a person who is not licensed under this chapter
or licensed as a civil engineer in this state prior to 1982 to be the
sole owner or office of a land surveying 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 land
surveying, from employing or contracting with a licensed land
surveyor or a licensed civil engineer to perform the respective land
surveying services incidental to the conduct of business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering land surveying services, including the
use by any lawful successor or survivor, that lawfully was in
existence on June 1, 1941. However, the business is subject to the
provisions of paragraphs (1) and (2) of subdivision (a).
(g) A business engaged in rendering land surveying services may
use in its name the name of a deceased or retired person if 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 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 land surveyor or a
civil engineer by the board, if operating a place of business or
practice in this state, or by an applicable state board in the event
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 land
surveying business in this state during the period of that consent,
except that a retired person may use his or her name as the name of a
new or purchased business, if that business is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to paragraphs (1) and (2) of
subdivision (a).
(h) This section does not affect Sections 6731.2 and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering professional land
surveying services.
(j) This section shall become operative on January 1, 2016.

8730. The following persons are not required to be licensed under
this chapter:
(a) Officers and employees of the United States of America,
practicing solely as those officers or employees, except when
surveying the exterior boundaries of federal lands in this state.
(b) Insofar as he or she acts in the following capacity:
(1) Any state, county, city, city and county, or district employee
directly responsible to a licensed land surveyor or registered civil
engineer.
(2) Any subordinate to a land surveyor or civil engineer licensed
or registered as required by the laws of this state insofar as he or
she acts as a subordinate.
(c) Any officer or employee of an electric, gas, or telephone
corporation, as defined in Sections 218, 222, and 234, respectively,
of the Public Utilities Code, with annual revenues of twenty-five
million dollars ($25,000,000) or more, whenever he or she prepares a
legal description of an easement for utility distribution lines and
service facilities, provided the following conditions are met:
(1) Each description identifies the corporation that prepared the
description and states that it was prepared pursuant to this
exemption.
(2) Each corporation has in its employ, or on contract, an
individual authorized to practice land surveying who shall be
responsible for establishing criteria for determining the
qualifications of technical specialists preparing those legal
descriptions, specifying the format and information to be shown on
maps or documents containing those descriptions, and capable of
answering questions regarding the preparation of those descriptions.
(d) Any state, county, city, or city and county public safety
employee investigating any crime or infraction for the purpose of
determining or prosecuting a crime or infraction. This exemption
shall not permit a public safety employee to offer or perform land
surveying as defined in Section 8726 for any purpose other than
determining or prosecuting a crime or infraction.

8731. A registered civil engineer and a civil engineer exempt from
registration under Chapter 7 (commencing with Section 6700) of
Division 3 are exempt from licensing under this chapter and may
engage in the practice of land surveying with the same rights and
privileges, and the same duties and responsibilities of a licensed
land surveyor, provided that for civil engineers who become
registered after January 1, 1982, they shall pass the second division
examination provided for in Section 8741 and obtain a land surveyor'
s license, before practicing land surveying as defined in this
chapter.