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THE
CALIFORNIA
BUILDING OFFICIAL’S
GUIDE TO
LICENSING
REQUIREMENTS
California Building Officials
1225 Eighth Street, Suite 425
Sacramento, CA 95814
Phone: (916) 457-1103 Fax: (916) 442-3216
http://www.calbo.org/
August 24, 2010
Dear California Building Official:
In its continued efforts to promote and provide educational growth for our CALBO members and
their staff, and the edification of design and construction professionals and the general public,
CALBO and the CALBO State License Board Committee is pleased to present this California
Building Officials Guide to Licensing Requirements.
For ease of use, Part I of this document is divided into and corresponds with the three primary
design and construction related disciplines that are governed and regulated by the State of
California Department of Consumer Affairs. Overviews are included with regards to the practice
and licensing requirements under the jurisdiction of the California Architects Board, the Board for
Professional Engineers and Land Surveyors and the Contractors State License Board; each of
whom has provided invaluable assistance and cooperation in the publication of this document.
Part II of this manual contains information regarding the practice and requirements of other design
and construction-related specialists including those as certified by the Department of General
Services, Division of the State Architect (i.e. the Certified Access Specialist) and by the California
Council for Certified Interior Designers, Inc. (i.e. Certified Interior Designers). The final chapter is
provided to add clarity to the retention, copy and release of construction documents and plans.
It has been the primary goal of this document to provide building officials with an extracted
summary of the rules and regulations governing the above disciplines and define how each
becomes applicable in the administration of a building department. Legislative sections have been
reprinted herein with commentary provided that expounds on the relationship between the
requirements and how they relate to what local Enforcing Agencies should check for during the
plan review, permit and inspection processes.
It is CALBO’s desire that this reference manual earn the right to be placed on the desktop of every
California Building Official, plans examiner, inspector and counter technician. Be sure to look for
new CTI classes currently being developed by CALBO on this and other code administration
subject matters.
Respectfully Submitted,
Brian H. Lee
______________________________________________________________________________________________________________________________________________________________________________________________________________
Brian H. Lee, AIA / AICP / CBO / CASp
CALBO State License Board Committee, Vice Chair
Building Official – City of Whittier
THE
CALIFORNIA
BUILDING OFFICIAL’S
GUIDE TO
LICENSING
REQUIREMENTS
FINAL DRAFT – AUGUST 2010
Published by the
California Building Officials
1225 Eighth Street, Suite 425
Sacramento, CA 95814
Copyright © 2010 by California Building Officials
All Rights Reserved.
Printed in the United States of America
Except as permitted under the United States Copyright Act of 1976,
no part of the publication may be reproduced, stored into a retrieval system,
or transmitted, in any form or by any means, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of the publisher.
The scanning, uploading, and distribution of this book via the Internet or via any other means without the permission of
the copyright owner and the publisher is illegal and punishable by law. Please purchase only authorized electronic
editions, and do not participate in or encourage electronic piracy of copyrightable materials.
To order copies of this document
or to schedule training on this or other code administration topics
please contact the CALBO office.
Phone: (916) 457-1103
Fax:
(916) 442-3216
http://www.calbo.org/
This Document is a Publication of
The California Building Officials (CALBO)
That has been Prepared with the Joint Cooperation and Support of:
The California Department of Consumer Affairs
California Architects Board
California Board for Professional
Engineers and Land Surveyors
Landscape Architects Technical Committee
Contractors State License Board
The California Department of General Services
Division of the State Architect
And also with the Assistance and Cooperation of:
International Code Council
California Council for Interior Design
Certification
i
TABLE OF CONTENTS
PART I:
THE PRACTICE AND REGULATION OF LICENSEES
THE DEPARTMENT OF CONSUMER AFFAIRS
The Charge …………………………………………………………………………………..
Requirements Applicable to All Licensees …………………………………………….
3
4
ARCHITECTURAL PRACTICE REQUIREMENTS
Licensing Requirements: Architects ……………………………………………………
Services …………………………………………………………………………………….
Exemptions to the Work …………………………………………………………………..
What to Look For ………………………………………………………………………….
Other Requirements ………………………………………………………………………
Supplemental Information and Changes to the Plans ………………………………..
Construction Observation ………………………………………………………………..
Good Samaritan Laws ……………………………………………………………………
Complaints ………………..........................................................................................
7
7
8
11
15
15
16
17
19
Licensing Requirements: Landscape Architects ……………………………………..
Services …………………………………………………………………………………….
Exemptions to the Work …………………………………………………………………..
What to Look For ………………………………………………………………………….
Complaints …………………………………………………………………………………
21
21
22
24
25
ENGINEERING AND LAND SURVEYING PRACTICE REQUIREMENTS
Licensing Requirements: Professional Engineers …………………………………...
Services …………………………………………………………………………………….
Civil Engineers ………………………………………………………………………...
Structural Engineers ………………………………………………………………….
Geotechnical Engineers ……………………………………………………………...
Electrical Engineers …………………………………………………………………..
Mechanical Engineers ………………………………………………………………..
Exemptions to the Work …………………………………………………………………..
What to Look For ………………………………………………………………………….
Other Requirements ……………………………………………………………………....
Supplemental Information and Changes to the Plans …………………………….
Construction Observation …………………………………………………………….
Construction Project Management ………………………………………………….
Good Samaritan Laws ………………………………………………………………..
ii
29
29
30
31
32
32
32
33
36
39
39
40
41
42
PART I:
(Continued)
Engineering Work by Others ……………………………………………………………..
Consulting Engineers …………………………………………………………………
Branch Engineering …………………………………………………………………..
Complaints …………………………………………………………………………………
43
43
44
45
Licensing Requirements: Land Surveyors …………………………………………….
Services …………………………………………………………………………………….
Exemptions to the Work …………………………………………………………………..
What to Look For ………………………………………………………………………….
Other Requirements ………………………………………………………………………
Supplemental Information and Changes to the Plans …………………………….
Record of Survey ……………………………………………………………………..
Corner Records ……………………………………………………………………….
Complaints …………………………………………………………………………………
47
47
49
50
51
51
52
56
57
CONSTRUCTION PRACTICE REQUIREMENTS
Licensing Requirements: Contractors ………………………………………………….
License Types ……………………………………………………………………………..
Work by a Class A Contractor ……………………………………………………………
Work by a Class B Contractor ……………………………………………………………
Work by a Class C Contractor …………………………………………………………...
Work by a Class C-61 Limited Specialty Contractor (Subclass D) …………………..
Certifications ……………………………………………………………………………….
HIS Registration …………………………………………………………………………...
Work by an Owner-Builder ……………………………………………………………….
Work by a Handyman Service …………………………………………………………...
Agents ………………………………………………………………………………………
What to Look For ………………………………………………………………………….
Complaints …………………………………………………………………………………
Permit Avoidance ………………………………………………………………………….
iii
61
61
62
62
63
71
76
77
78
81
81
81
83
85
TABLE OF CONTENTS
(CONTINUED)
PART II:
THE PRACTICE AND REGULATION OF CERTIFIED SPECIALISTS
CERTIFIED INTERIOR DESIGNER PRACTICE REQUIREMENTS
The Charge …………………………………………………………………………………..
89
The Work of a Certified Interior Designer ………………………………………………
Services …………………………………………………………………………………….
What to Look For ………………………………………………………………………….
Complaints …………………………………………………………………………………
89
89
91
92
CERTIFIED ACCESS SPECIALIST PRACTICE REQUIREMENTS
The Charge …………………………………………………………………………………..
93
The Work of a Certified Access Specialist ……………………………………………..
Services …………………………………………………………………………………….
Exemptions to the Work …………………………………………………………………..
What to Look For ………………………………………………………………………….
Other Requirements ………………………………………………………………………
Enforcing Agency Requirements ……………………………………………………
Applicability of the Law ……………………………………………………………….
Time Limit for Code Compliance ……………………………………………………
Enforcement by Local Agencies …………………………………………………….
DSA / Other Inspection and Plan Review ………………………………………….
State-Level Education Program ……………………………………………………..
Additional Construction-Related Accessibility Requirements ……………………
Complaints …………………………………………………………………………………
95
96
96
96
98
98
100
101
101
102
103
103
104
PART III:
RELATED PLAN REQUIREMENTS
CONSTRUCTION DOCUMENTS
Document Submittal ………………………………………………………………………..
107
Plan Review and Approval ………………………………………………………………..
108
Plan Retention ………..……………………………………………………………………..
110
Copy or Release of Plans ………………………..………………………………………..
110
ACKNOWLEDGEMENTS & CONTACTS ….................................................................
115
iv
USE OF THE GUIDE
This document has been prepared for use by building officials as a quick-reference guide to the licensing
requirements of architects, engineers, surveyors and contractors practicing their professions in the State of
California. CALBO wishes to note that although extensive efforts have been made to ensure the accuracy of
this manual, it should not be considered a legal document. State statutes and regulations have been reprinted and commentary has been provided to assist Enforcing Agencies with developing their own written
interpretations and policy development when appropriate. Since this is not an exhaustive document, a
thorough review of the statutes and regulations, consultation with the Enforcing Agency’s legal counsel, and
consultation with the appropriate licensing board or certifying agency or organization may be required to
address specific issues or conditions.
It is noted that throughout the document, titles have been given to some statutes and regulations that are not
included in the enacted legislation. The titles contained herein are provided for ease of topic recognition and
are in no way intended to alter the intent or the true meaning of the statute or regulation. Whenever a
discrepancy may occur between the law and this document, it is important to note that the law shall always
prevail. Again, please be sure to check with your agency’s legal counsel and the appropriate licensing board
or certifying body concerning any interpretations or policies expressed or implied.
v
PART I:
THE PRACTICE AND
REGULATION OF
LICENSEES
1
2
THE DEPARTMENT OF CONSUMER AFFAIRS
The Charge
As its primary legislative charge, the State of California Department of Consumer Affairs is
responsible to promote and protect the interests of the people of California.
The
Department works to protect the interests of the people through a variety of “free
enterprise market” measures that are outlined in the Consumer Affairs Act. The Act (more
technically referenced as Division 1 of the California Code of Regulations Business &
Professions Code), summaries the department’s charge as follows:
§ 301 Legislative Intent
It is the intent of the Legislature and the purpose of this chapter to promote and protect the interests of the
people as consumers. The Legislature finds that vigorous representation and protection of consumer interests
are essential to the fair and efficient functioning of a free enterprise market economy. The Legislature
declares that government advances the interests of consumers by facilitating the proper functioning of the free
enterprise market economy through (a) educating and informing the consumer to insure rational consumer
choice in the marketplace; (b) protecting the consumer from the sale of goods and services through the use of
deceptive methods, acts, or practices which are inimical to the general welfare of consumers; (c) fostering
competition; and (d) promoting effective representation of consumers' interests in all branches and levels of
government.
Functionally, the Department accomplishes its goal through the regulation and
enforcement of the practice of over 40 professional disciplines; each that have a
potential for impact on the public health, safety and welfare. The disciplines include
medical practitioners, lawyers, accountants, barbers, cosmetologists, architects,
landscape architects, engineers, land surveyors, contractors and other disciplines as
detailed in Section 101. The Act also creates the authority to establish boards, bureaus,
commissions and other overseers and empowers them with the charge to protect the
people through the performance of the functions as found in Section 101.6:
§ 101.6 Purpose of Boards, Bureaus and Commissions
The boards, bureaus, and commissions in the department are established for the purpose of ensuring that
those private businesses and professions deemed to engage in activities which have potential impact upon the
public health, safety, and welfare are adequately regulated in order to protect the people of California. To this
end, they establish minimum qualifications and levels of competency and license persons desiring to engage
in the occupations they regulate upon determining that such persons possess the requisite skills and
qualifications necessary to provide safe and effective services to the public, or register or otherwise certify
persons in order to identify practitioners and ensure performance according to set and accepted professional
standards. They provide a means for redress of grievances by investigating allegations of unprofessional
conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the
public and institute disciplinary action against persons licensed or registered under the provisions of this code
when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or
otherwise certified persons in order to ensure compliance with the relevant sections of this code.
3
Requirements Applicable to All Licensees
In Section 101.6 above, the boards, bureaus and commissions are given great authority to
establish qualifications, levels of competency and criteria for licensing as related to their
respective discipline. Careful examination of the divisions of the B&P Code reveals a wide
variety of standards that have been established by the boards, et al. It will be the effort of
this manual to address those requirements as they apply to the professional designers and
contractors for the built environment in which we live, work and play.
The later portion of Section 101.6 indicates that the established requirements shall provide
methods to redress consumer grievances by investigating allegations of unprofessional
conduct, incompetence, fraudulent actions or other unlawful activities. The Act iterates
the legislative declaration that unlicensed activity is a threat to the health, welfare and
safety of the people of California and further states that unlicensed activity is considered a
criminal offense.
The Act sets forth sanctions against the criminal activities and
emphasizes that action against the violator should be “swift, effective, appropriate and
create a strong incentive to obtain a license.”
§ 145 Unlicensed Activity Findings and Declarations
The Legislature finds and declares that:
(a) Unlicensed activity in the professions and vocations regulated by the Department of Consumer Affairs is a
threat to the health, welfare, and safety of the people of the State of California.
(b) The law enforcement agencies of the state should have sufficient, effective, and responsible means
available to enforce the licensing laws of the state.
(c) The criminal sanction for unlicensed activity should be swift, effective, appropriate, and create a strong
incentive to obtain a license.
In addition to the other actions a board, bureau or commission has established and the
misdemeanor-level of charges that may be filed, a licensee may also be subject to the
suspension or revocation of their license under the conditions as found in Section 490 and
490.5 of the B&P Code.
§ 490 Actions Permitting License Suspension or Revocation
(a) In addition to any other action that a board is permitted to take against a licensee, a board may suspend
or revoke a license on the ground that the licensee has been convicted of a crime, if the crime is
substantially related to the qualifications, functions, or duties of the business or profession for which the
license was issued.
(b) Notwithstanding any other provision of law, a board may exercise any authority to discipline a licensee for
conviction of a crime that is independent of the authority granted under subdivision (a) only if the crime is
substantially related to the qualifications, functions, or duties of the business or profession for which the
licensee's license was issued.
4
(c) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a
plea of nolo contendere. Any action that a board is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.
§ 490.5 Other Actions Permitting License Suspension
A board may suspend a license pursuant to Section 11350.6 of the Welfare and Institutions Code if a licensee
is not in compliance with a child support order or judgment.
It is important for local Enforcing Agencies to note that State places great credence in the
licensing and enforcement processes administered under the Department of Consumer
Affairs. Therefore, and as noted in B&P Code Section 460 below, the State restricts city
and county agencies from prohibiting a licensee from engaging in the respective
business, occupation or profession thereof. It is commonly and appropriately interpreted
that this section prohibits cities and counties from restricting a properly licensed individual
from submitting plans for plan review and obtaining the needed and necessary permits.
§460 City and County Prohibited From Restricting Practice
No city or county shall prohibit a person, authorized by one of the agencies in the Department of Consumer
Affairs by a license, certificate, or other such means to engage in a particular business, from engaging in that
business, occupation, or profession or any portion thereof. Nothing in this section shall prohibit any city or
county or city and county from levying a business license tax solely for revenue purposes nor any city or
county from levying a license tax solely for the purpose of covering the cost of regulation.
It is also important for local Enforcing Agencies to take note of B&P Code Section 461
below that, it is illegal to request, or require to provide, a record of arrest that did not result
in a conviction or a plea of nolo contendere on a permit application form or other such
application document (except as allowed by other code sections).
§461 City and County Prohibited From Requesting Record of Arrest
No public agency, state or local, shall, on an initial application form for any license, certificate or registration,
ask for or require the applicant to reveal a record of arrest that did not result in a conviction or a plea of nolo
contendere. A violation of this section is a misdemeanor. This section shall apply in the case of any license,
certificate or registration provided for by any law of this state or local government, including, but not limited to,
this code, the Corporations Code, the Education Code, and the Insurance Code.
5
6
ARCHITECTURAL PRACTICE REQUIREMENTS
Licensing Requirements: Architects
Since 1901, the practice of architecture and landscape architecture in the State of
California has been regulated by the California Architects Board (CAB) under the
Department of Consumer Affairs. The Board’s statutory mandate is “…to regulate the
practice of architecture in the interest and for the protection of the public health, safety
and welfare.” The CAB licenses individuals and not firms, business entities or corporations.
Only persons licensed by the CAB are authorized to use the title “architect” and to
practice architecture in California. CAB’s regulatory authority is found in the Business and
Professions (B&P) Code commencing with section 5500, which is more commonly known
as the Architects Practice Act (APA). At present, there are approximately 22,000
architects and 3,800 landscape architects licensed by the State of California.
Other relevant statutes and regulations applicable to an architect’s license include:
 Authority:
State licensure of professionals, including architects, landscape
architects and engineers, supersedes any local code or ordinance that might
restrict a licensed professional from performing services as licensed. B&P Code
Section 460 (printed in the “Requirements Applicable to All Licensees” above),
provides, in part, that no city or county shall prohibit persons licensed by an agency
of the Department of Consumer Affairs from engaging in their licensed occupation
or profession.
 Authority: The Professional Engineers Act (PEA) in B&P Code Section 6737 provides
an exemption to architects from the provisions of the PEA provided the architect is
practicing architecture.
 Restriction / Limitation: The Health & Safety (H&S) Code Section 129805 requires a
Structural Engineer (SE) to design the structural system of a hospital (thereby limiting
the scope of the architect’s license).
 Restrictions / Limitations: Architects are authorized to be responsible for any and all
site improvement works unless they are required to be submitted and reviewed
pursuant to Government Code Section 66410 (i.e. the Subdivision Map Act).
Services
The Business and Professions (B&P) Code Section 5500.1 (a) defines the practice of
architecture “…as offering or performing or being in responsible control of, professional
services which require the skills of an architect in the planning of sites, and the design, in
whole or in part, of buildings or groups of buildings and structures.” B&P Code Section
7
5500.1 (b) of the “Architects Practice Act” provides that an architect’s professional
services may include any or all of the services listed below:
§ 5500.1 Architectural Practice
(a) The practice of architecture within the meaning and intent of this chapter is defined as offering or
performing, or being in responsible control of, professional services which require the skills of an architect
in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and
structures.
(b) Architects' professional services may include any or all of the following:
(1) Investigation, evaluation, consultation, and advice.
(2) Planning, schematic and preliminary studies, designs, working drawings, and specifications.
(3) Coordination of the work of technical and special consultants.
(4) Compliance with generally applicable codes and regulations, and assistance in the governmental
review process.
(5) Technical assistance in the preparation of bid documents and agreements between clients and
contractors.
(6) Contract administration.
(7) Construction observation.
Exemptions to the Work
The Architects Practice Act (and the Professional Engineers Act) define categories of
projects for which unlicensed persons may design, prepare plans, specifications and other
instruments of service. These project types that are exempt from the licensing law
requirements are defined as follows:
§ 5537 Exemptions; Dwellings, Garages, Agricultural and Ranch Buildings
(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the
following: Agricultural and ranch buildings of wood-frame construction, unless the building official having
jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.
(1) Single-family dwellings of wood-frame construction not more than two stories and basement in height.
(2) Multiple dwellings containing no more than four dwelling units of wood-frame 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
(3) Garages or other structures appurtenant to buildings described under subdivision (a), of wood-frame
construction not more than two stories and basement in height.
(b) If any portion of any structure exempted by this section deviates from substantial compliance with
conventional framing requirements for wood-frame construction found in the most recent edition of Title 24
of the California Code of Regulations or tables of limitation for wood-frame 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.
8
As noted in subsection (b) above, the allowed exempted projects must conform to the
provisions of the California Code of Regulations, Title 24, Part 2 (i.e. the 2007 California
Building Code), Section 2308 for conventional light-frame construction. The requirements
would further extend to any applicable amendments as adopted thereto by the local
Enforcing Agency.
Since part (b) of the section above allows room for interpretation concerning the
definition of “substantial compliance,” the local Building Official may find that s/he should
establish a policy for their jurisdiction after consulting with its legal counsel and the
licensing board.
Further, in the process of determining if a project qualifies for an
exemption, it should be noted that in Title 16 of the California Code of Regulations (CCR),
Section 153 provides the following expanded definitions for the term “dwellings” when
used with B&P Code Section 5537 above:
§ 153 Dwellings
(a) For the purposes of subdivision (a) of Section 5537 of the code, the term "single family dwelling" shall
mean a free standing unattached dwelling of wood-frame construction not more than two stories and
basement in height. Such a single family dwelling shall not share any common building components,
including, but limited to, foundations, roofing and structural systems, with any other structure or dwelling.
(b) For purpose of subdivision (a) of Section 5537 of the Code, the term "multiple dwellings" shall mean a
structure composed of no more than four attached dwelling units which share any common building
components including, but not limited to, foundations, roofing and structural systems. Such multiple
dwelling units shall be of wood-frame construction and not more than two stories and basement in height.
As noted, exemptions may apply to not only the type of project but, in some
circumstances, also may apply to certain other licensees. Included in the exemptions
from the license requirements of the Architects Practice Act are the professional licensees
listed below provided that the licensee operates within the constraints of their license or
registration.
§ 5537.1 Exemptions; Structural Engineer
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.
Important Note: A Structural Engineer (SE) is permitted to design any type of
building without exception. A reviewer may also choose to reference B&P Code
Sections 6731 and 6736 for further information.
§ 5537.2 Exemptions; Contractors
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
9
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 Exemptions; Professional Engineer
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 Exemptions; Civil Engineer
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.
Important Note: A Civil Engineer (CE) is permitted to design any type of building
except hospitals and schools. A reviewer may also choose to reference B&P Code
Sections 6731 and 6736, Health & Safety Code Section 129805, and Education
Code Section 17302 for further information.
§ 5537.6 Exemptions; Landscape Architect
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 Exemptions; Land Surveyor
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.
Also excepted from the licensing requirements of the APA is the planning or design of nonstructural store front or interior alterations or additions. This work may be excepted from
the licensing requirements when the conditions in the following section apply:
10
§ 5538 Planning or Design Affecting Safety of Building or Its Occupants;
Nonstructural Store Front or Interior Alterations or Additions Excepted
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 non-seismic storefronts, interior alterations or additions, fixtures, cabinetwork,
furniture, or other appliances or equipment.
(b) For any nonstructural or non-seismic work necessary to provide for their installation.
(c) For any nonstructural or non-seismic 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.
Please note that, although the work of Certified Interior Designers (CID) is outlined in
greater detail later in this manual, the work of a CID is limited to the exemptions allowed
under Sections 5537 (a) & (b) and 5538 above.
What to Look For
The 2007 California Building Code identifies that construction documents (i.e. plans,
specifications, calculations, reports and other such pertinent information or data) shall be
prepared by a registered design professional when required by law.
§ 106.1 Submittal documents.
Construction documents, statement of special inspections and other data shall be submitted in one or more
sets with each permit application. The construction documents shall be prepared by a registered design
professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where
special conditions exist, the building official is authorized to require additional construction documents to be
prepared by a registered design professional.
As noted in the above section; where special conditions exist, the Building Official has
been given additional authority to require that the registered design professional prepare
any additional documents that may be needed for the proper review, evaluation and
inspection of the project. Similarly, the Building Official has also been given authority to
waive the preparation of certain construction documents but, only when those
documents are not required to be prepared by a registered design professional and only
when those documents are not required for code compliance.
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§ 106.1 Exception:
The building official is authorized to waive the submission of construction documents and other data not
required to be prepared by a registered design professional if it is found that the nature of the work applied for
is such that review of construction documents is not necessary to obtain compliance with this code
The California Building Code gives authority to the Building Official to require an Owner to
engage the services of a registered design professional whenever such preparation of
documents are required by State or local law.
§ 106.3.4.1 Design professional in responsible charge – General
When it is required that documents be prepared by a registered design professional, the building official shall
be authorized to require the owner to engage and designate on the building permit application a registered
design professional who shall act as the registered design professional in responsible charge…
Prior to issuing permits for a project, local Enforcing Agencies are charged by the
Architect’s Practice Act to verify that the person who prepared, or was in responsible
control of the preparation of, the plans and specifications is licensed unless otherwise is
exempted from the provisions of the Architects Practice Act. For ease of reference, the
reviewer may check the license status of an architect by visiting the CAB website at
www.cab.ca.gov.
§ 5536.2 Statement of Licensure
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.
As noted below, an architect’s responsible control is defined in the Architects Practice Act
as the amount of control over the content that is ordinarily exercised by architects
applying the required professional standard of care. It is important for Enforcing Agencies
to recognize that act of stamping and signing provides evidence of the person who is
responsible for the documents and not a certification or statement of document
completion.
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§ 5535.1 Responsible Control Defined
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.
When an Owner desires to change the registered design professional listed on the building
permit application, written notice is to be provided from the Owner to the Enforcing
Agency advising the Building Official of such change.
§ 106.3.4.1 Design professional in responsible charge – General
…If the circumstances require, the owner shall designate a substitute registered design professional in
responsible charge who shall perform the duties required of the original registered design professional in
responsible charge. The building official shall be notified in writing by the owner if the registered design
professional in responsible charge is changed or is unable to continue to perform the duties.
The issue of responsible control has been debated for some time. It often becomes an
issue for Enforcing Agencies when plans and specifications are submitted without having
first been signed and stamped. Agencies often argue that once plans and specifications
are submitted for plan review that they should be signed and stamped by the person
preparing the plans or having responsible control thereof. By doing so, the Enforcing
Agency assures that after spending time and resources on the plan review and, if the
plans pass through the review process without correction, they are fully ready for permit
issuance. Also by doing so, an agency may avoid potential conflict between the permit
applicant and the architect or engineer over contract or other issues not germane to the
issuance of the permit.
The architect, on the other hand, may argue that plans are often not permit-ready after
the first code compliance check and not only has the architect spent time and effort to
stamp the submittals but, is also finding that their insurance company is asking or
demanding that the documents not be stamped until they are permit-ready due to
liability issues. Given this reluctance, many Enforcing Agencies are taking the lead offered
by PELS and are asking the designer to stamp the plans and mark them as “preliminary,”
“not for construction” or use other language that is acceptable to the Enforcing Agency.
Each Enforcing Agency should develop its own written policy concerning acceptance
criteria for signed and stamped submittals. It is noted that ultimate failure by the architect
to comply with the requirements is considered unauthorized practice and is a
misdemeanor of State Law.
The Architects Practice Act requires that all persons preparing, or in responsible control of,
instruments of service are to sign them; and, if licensed as an architect, they are to affix a
stamp as described in the Act. This action signifies and serves as evidence and
identification of the person responsible for the documents. Since some architects hesitate
to (and engineers are not allowed to) stamp and sign documents until they are ready to
be permitted, an architect could be allowed to provide a “Statement of Licensure” as
defined in B&P Code Section 5536.2 (see above) upon submittal.
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§ 5536.1 Signature and Stamp on Plans and Documents; Unauthorized Practice; Misdemeanor
(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 therefore, 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.
To assist Enforcing Agencies in recognizing the stamp allowed for use by an architect, Title
16 of the California Code of Regulations (CCR) Section 136 has provided specific
information about its appearance (also see samples on page following):
§ 136 Stamp
(a) The stamp authorized for use by architects by section 5536.1 of the code may be purchased from any
source. It shall be circular in shape and shall be not less than one (1) inch in diameter and not more than
two (2) inches in diameter. The stamp shall be of a design similar to those shown below and shall bear at
minimum those elements specified in section 5536.1(b) of the Code.
(b) The stamp shall not be of the embossing type.
(c) The license renewal date shall be shown on the stamp by either leaving a space on the stamp where the
architect shall write his or her renewal date or having the license renewal date printed on the stamp.
Sample of authorized stamps:
REN. Refers to Renewal Date
The stamps above are shown with solid circles, the CAB notes that the lines forming the
circles may be solid or broken (dashed or dots) and bold or thin in weight. They cannot,
however, be the embossing type. Formats may also vary provided the information in B&P
Code Section 5536.1 (b) and CCR Section 136 (c) is contained therein and all of the
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information is legible. No special ink is required provided the stamp becomes permanent
and is photo-reproducible. It is important to note that although other states may use the
term “registered architect,” the APA uses the term “licensed architect.” Therefore, use of
the term “registered architect” is not permitted in the state of California.
Although the assumption may be that the signature (required in Section 5536.1) be placed
over the stamp there is actually no such requirement. Further, the APA does not require
that the stamp or signature be “wet” and thus computer generated stamps and
signatures are acceptable with the CAB. Local Enforcing Agencies may, however, have a
specially adopted local policy or regulation which should be followed.
Other Requirements
Supplemental Information and Changes to the Plans
Deferred submittals are commonly not prepared by the registered design professional
having responsible charge of the project however, the California Building Code requires
that the registered design professional list the items on the construction documents and
gain the Building Officials approval to defer any such items. The registered design
professional is further required to review the deferred submittal and provide a statement to
the Building Official that the documents have been reviewed by the registered design
professional and are found to be in general conformance with the design of the building.
106.3.4.2 Deferred submittals.
For the purposes of this section, deferred submittals are defined as those portions of the design that are not
submitted at the time of the application and that are to be submitted to the building official within a specified
period.
Deferral of any submittal items shall have the prior approval of the building official. The registered design
professional in responsible charge shall list the deferred submittals on the construction documents for review
by the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible
charge who shall review them and forward them to the building official with a notation indicating that the
deferred submittal documents have been reviewed and been found to be in general conformance to the
design of the building. The deferred submittal items shall not be installed until the design and submittal
documents have been approved by the building official. [OSHPD 1, 2 & 4] Deterred submittals shall be in
accordance with Title 24, Part 1, Chapter 7, Section 7-126.
Construction work is required to conform to the approved plans, specifications and other
construction documents and, where changes are proposed and the construction
documents are to be otherwise “amended,” the designer is required to prepare and
submit revised construction documents for review and approval.
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106.4 Amended construction documents.
Work shall be installed in accordance with the approved construction documents, and any changes made
during construction that are not in compliance with the approved construction documents shall be resubmitted
for approval as an amended set of construction documents. [OSHPD 1, 2 & 4] Change orders shall be in
accordance with Title 24, Part 1, Chapter 7, Section 7-153.
When plans and specifications have been signed and stamped by a licensed architect,
the architect is responsible for the documents. When changes are made by an Enforcing
Agency (or anyone else) to plans that have been stamped and signed by the architect
and those changes are not authorized or approved, in writing, by the architect, the
architect may no longer be liable for defects or omissions proximately caused by those
unauthorized changes. Therefore, Enforcing Agencies are cautioned to not make or even
suggest changes to the plans and specifications that have been signed and stamped by
the architect.
§ 5536.25 Liability; Damages Caused by Subsequent, Unauthorized, or Unapproved Changes or Uses
of Plans, Specifications, Reports or Documents
(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.
Construction Observation
As found in B&P Code Section 5536.25 (b) of the Architects Practice Act, the stamping
and signing of documents by an architect does not impose a legal duty or responsibility
on the signing architect to observe the construction. Therefore, when portions of the work
require observation under the provisions of Chapter 17 or the 2007 California Building
Code, it is incumbent on Enforcing Agencies to notify / advise the Owner that specific
construction observation is required and that it must be performed by a qualified person
who may or may not be the signing architect.
§ 5536.25 Liability; Construction Observation Services
(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.
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(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.
When structural observation is required by the California Building Code (as published by
the International Code Council), the Code qualifies that the observer shall be a
“registered design professional.” The registered design professional must further provide a
written report to the Building Official of any deficiencies that have not been resolved. It is
important to note that structural observation does not “include or waive the responsibility
for inspection” that is typically performed by building or special inspectors as required by
Section 1704 or other sections of the Code.
§ 1709.1 General
Where required by the provisions of Section 1709.2 or 1709.3 the Owner shall employ a registered design
professional to perform structural observations as defined in Section 1702.
At the conclusion of the work included in the permit, the structural observer shall submit to the Building Official
a written statement that the site visits have been made and identify any reported deficiencies that, to the best
of the structural observer’s knowledge, have not been resolved.
As outlined below, the registered design professional shall provide the name the individual
or firm that shall provide the structural observation services and provide a program for the
work that is required to be performed.
§ 106.3.4.1 Design professional in responsible charge – General
…Where structural observation is required by Section 1709, the statement of special inspections shall name
the individual or firms who are to perform structural observation and describe the stages of construction at
which structural observation is to occur (see also duties specified in Section 1704).
Good Samaritan Laws
In a State declared disaster such as a fire, flood or earthquake, additional provisions of the
State Law become effective for architects. The requirements affect the release of plans
for copy, inspections by an architect and increased penalties for unlicensed work.
§ 5536.3 Natural Disasters; Damage to Residential Real Property; Release of Copy of Plans
(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
17
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 owneroccupied.
During a declared emergency, architects may participate as volunteers to perform
structural inspections at the request of an Enforcing Agency and when doing so, will be
provided with a qualified immunity from professional or personal liability.
§ 5536.27 Liability; Building Inspections
(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.
During a declared natural disaster, it is often the case that scam-artists and unlicensed
individuals prey on the distressed victims. In an effort to curtail such practices, the
penalties for the practice of architecture without a license increase. Se B&P Code Section
5536.5 “State of Emergency; Practice Without License or Holding Self Out as Architect;
Penalty” that is reprinted in the Complaint section below.
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Complaints
Since Enforcing Agencies are charged with verification that an architect has prepared or
has been in responsible control of the preparation of the plans and specifications, it is
important for the Enforcing Agency to report unlicensed activity to the CAB for
enforcement purposes. The Architects Practice Act includes definitions of illegal activities;
some of which are identified below:
§ 5536 Practice Without License or Holding Self Out as Architect
(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.
During the state of a declared emergency, it is noted that penalties for unlicensed
practice and/or misrepresentation increase.
§ 5536.5 State of Emergency; Practice Without License or Holding Self Out as Architect; Penalty
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.
For the most current license information about an architect or to file a complaint against
an architect, or an unlicensed person, please contact the CAB. It is best to provide as
much information about the complaint as possible when filing. Contact the Board at
[email protected] if you have questions regarding how to file a complaint, or about the
complaint process. In addition, you may write or call the CAB asking for the Enforcement
Unit as listed on the following page:
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CALIFORNIA ARCHITECTS BOARD
2420 Del Paso Road, Suite 105
Sacramento, CA 95834
(916) 574-7220
(800) 991-2223 Toll Free number provided for use of Building Officials
In addition, you may contact the CAB Architect Consultants for assistance with Architects
Practice Act and practice related questions. They are available by phone and e-mail as
follows:
Robert L. Carter, AIA
Barry N. Williams, AIA
(916) 575-7210
(916) 575-7223
[email protected]
[email protected]
The CAB is responsible to investigate alleged violations of the provisions of Architects
Practice Act found in the Business and Professions Code as they relate to the practice of
architecture. The CAB is also responsible to receive and investigate complaints against its
licensees and to appropriately discipline violators. The Board can take action against
architects for each, and any, combination of the grounds for discipline including those
listed below:
Fraud in obtaining a license
Impersonation or use of an assumed or corporate name
Aiding unlawful practice
Signing someone else’s plans or permitting the misuse of their name
Fraud in the practice of architecture
Negligence or misconduct
Failure to accurately represent qualifications
Conflict of interest
Incompetence or recklessness
Disciplinary actions may include license revocation, license suspension, license probation,
administrative citations, and/or potential referral to local district attorneys for criminal
prosecution. The Board will also investigate complaints against unlicensed persons for
alleged misrepresentation and/or unlicensed practice involving projects not exempted by
the Architects Practice Act.
§ 5586 Public Agency; Disciplinary Action
The fact that the holder of a license has had disciplinary action taken by any public agency for any act
substantially related to the qualifications, functions, or duties as an architect constitutes a ground for
disciplinary action.
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Licensing Requirements: Landscape Architects
The Landscape Architects Technical Committee (LATC), established under the purview of
the CAB, was created by the Legislature to protect the health, safety, and welfare of the
public by establishing standards for licensure and for enforcing the laws and regulations
that govern the practice of landscape architecture. Projects designed and managed by
landscape architects include, but are not limited to, the exterior work as follows:
Parks
Residential Developments
Campuses
Athletic Facilities
Cemeteries
Commercial Centers
Streetscapes
Transportation Facilities
Corporate Centers
Waterfront Developments
Restoration of Natural and Historic Sites (such as wetlands and forested land)
Services
The business and practice of landscape architecture is regulated in the B&P Code under
Sections 5618 through 5683. These sections of the B&P Code are more commonly referred
to as the Landscape Architects Practice Act (LAPA) and the practice is defined as follows:
§ 5615 Landscape architect defined
As used in this chapter: "Landscape architect" means a person who holds a license to practice landscape
architecture in this state under the authority of this chapter. A person who practices landscape architecture
within the meaning and intent of this article is a person who offers or performs professional services, for the
purpose of landscape preservation, development and enhancement, such as consultation, investigation,
reconnaissance, research, planning, design, preparation of drawings, construction documents and
specifications, and responsible construction observation. Landscape preservation, development and
enhancement is the dominant purpose of services provided by landscape architects. Implementation of that
purpose includes: (1) the preservation and aesthetic and functional enhancement of land uses and natural
land features; (2) the location and construction of aesthetically pleasing and functional approaches and
settings for structures and roadways; and, (3) design for trails and pedestrian walkway systems, plantings,
landscape irrigation, landscape lighting, landscape grading and landscape drainage.
Landscape architects perform professional work in planning and design of land for human use and
enjoyment. Based on analyses of environmental physical and social characteristics, and economic
considerations, they produce overall plans and landscape project designs for integrated land use.
The practice of a landscape architect may, for the purpose of landscape preservation, development and
enhancement, include: investigation, selection, and allocation of land and water resources for appropriate
uses; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land
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construction programs; preparation review, and analysis of master plans for land use and development;
production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting
plans, and construction details; specifications; cost estimates and reports for land development; collaboration
in the design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the
areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field
observation and inspection of land area construction, restoration, and maintenance.
This practice shall include the location, arrangement, and design of those tangible objects and features as are
incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed
landscape architect from planning the development of land areas and elements used thereon or from
performing any of the services described in this section in connection with the settings, approaches, or
environment for buildings, structures, or facilities, in accordance with the accepted public standards of health,
safety, and welfare.
This chapter shall not empower a landscape architect, licensed under this chapter, to practice, or offer to
practice, architecture or engineering in any of its various recognized branches.
Exemptions to the Work
An unlicensed landscape designer is limited to preparing plans, drawings, and
specifications for the selection, placement, or use of plants or drawings for the conceptual
design and placement of tangible objects and landscape features for single family
dwellings. Conceptual design and placement work may not include construction
documents, details or specifications, or grading and drainage alteration plans. This work
must be performed by a licensed Landscape Architect (LA) or an appropriately licensed
Engineer.
§ 5641 Work by any person
This chapter shall not be deemed to prohibit any person from preparing drawings for the conceptual design
and placement of tangible objects and landscape features or plans, drawings, and specifications for the
selection, placement, or use of plants for a single family dwelling. Construction documents, details, or
specifications for the tangible objects or landscape features, and alteration of site requiring grading and
drainage plans shall be prepared by a licensed professional as required by law.
Over the years, interpretations of the last sentence of the above code section have led
the LATC to request that this manual assist the Building Official and his or her staff with a
clarification of understanding by emphasizing that the grading and drainage alteration
plans and construction documents for tangible objects or landscape features may, in
fact, be prepared by a licensed Landscape Architect. Such work is not restricted to only a
licensed engineer (or architect) as is sometimes misinterpreted. The work, of course,
should contain the Landscape Architect’s stamp and signature on the plans or other
acceptable statement of licensure should be provided as verification that the LA is a
properly licensed to perform the work under the provisions of LAPA.
The permitted practice of landscape architecture (and the limitations thereof) has been
summarized by the LATC into the allowed performance of services as provided below:
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LANDSCAPE ARCHITECTS
Hold a professional license to practice landscape architecture.
May perform professional services for the purpose of landscape preservation, development, and enhancement,
such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings,
construction and grading and drainage documents and specifications, and responsible construction observation.
ARCHITECTS
Hold a professional license to practice architecture.
May offer, perform, or be in responsible control of, professional services which require the skills of an architect
in the planning of sites (including the preparation of landscape designs and grading and drainage plans).
PROFESSIONAL ENGINEERS
Hold professional registration to practice professional engineering.
May perform professional services, as defined under BPC 5615, as long as the work is incidental to an
engineering project.
LANDSCAPE CONTRACTORS
Hold a C-27 (landscaping contractor) license.
May design systems and facilities for a single residential dwelling only when performing and supervising the
work to be performed and supervised by that contractor.
NURSERYPERSONS
Hold a license to sell nursery stock.
May prepare planting plans or drawings as an adjunct to merchandising nursery stock and related products.
UNLICENSED PERSONS
Landscape/Garden Designers, etc.
May prepare plans, drawings, and specifications for the selection, placement, or use of plants for single family
dwellings.
May prepare drawings for the conceptual design and placement of tangible objects and landscape features.
May NOT prepare construction documents, details, or specifications for tangible landscape objects or
landscape features.
May NOT prepare grading and drainage plans for the alteration of sites.
Personal Property Owners
May prepare any plans, drawings, or specifications for any property owned by that person.
Golf Course Architects
May engage in the practice of, or offer to practice as, a golf course architect.
May perform professional services, such as consultation, investigation, reconnaissance, research, design,
preparation of drawings and specifications and responsible supervision, where the dominant purpose of such
services is the design of a golf course, in accordance with accepted professional standards of public health and
safety.
Irrigation Consultants
May engage in the practice of, or offer to practice as, an irrigation consultant.
May perform professional services, such as consultation, investigation, reconnaissance, research, design,
preparation of drawings and specifications and responsible supervision, where the dominant purpose of such
service is the design of landscape irrigation, in accordance with accepted professional standards of public
health and safety.
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What to Look For
The California Building Code makes no distinction between construction documents
prepared by a licensed architect, landscape architect or engineer except to note that
the documents (when required) are to be prepared by a registered design professional.
As noted in the architectural section of this document, the Code identifies that
construction documents (i.e. plans, specifications, calculations, reports and other such
pertinent information or data) shall be prepared by a registered design professional when
required by law.
Although there is no State requirement that local Enforcing Agencies verify that a
landscape architect is licensed, the LAPA requires that instruments of work prepared by
landscape architects shall be signed and stamped. Failure to comply with the
requirements is considered by B&P Code, Section 5659, a misdemeanor.
§ 5659 Sign and stamp on plans
Each person licensed under this chapter shall sign, date, and seal or stamp using a seal or stamp described
in this section, all plans, specifications, and other instruments of service therefore, prepared for others as
evidence of the person's responsibility for those documents. Failure to comply with this section constitutes a
ground for disciplinary action. Each person licensed under this chapter shall use a seal or stamp of the
design authorized by the board, bearing his or her name, license number, the legend "licensed landscape
architect," the legend "State of California" and a means of providing a signature, the renewal date of the
license, and date of signing and sealing or stamping.
The stamp, authorized by LAPA Sections 5659 and 5673, is required to be of the design
illustrated below. The LAPA also notes that the stamp shall be not less than one (1) inch in
diameter. It is important to note that the Landscape Architects Practice Act is silent in
regards to the requirement for provision of a “wet” stamp versus an electronic stamp and
leaves that decision to the discretion of the local Enforcing Agency.
Sample of authorized stamp:
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When an Owner desires to change the registered design professional listed on the building
permit application, written notice is to be provided from the Owner to the Enforcing
Agency advising the Building Official of such change.
§ 106.3.4.1 Design professional in responsible charge – General
…If the circumstances require, the owner shall designate a substitute registered design professional in
responsible charge who shall perform the duties required of the original registered design professional in
responsible charge. The building official shall be notified in writing by the owner if the registered design
professional in responsible charge is changed or is unable to continue to perform the duties.
Complaints
For the most current license information regarding a landscape architect’s projects or the
license, please visit: www.latc.ca.gov or contact the LATC.
To file a complaint against an unlicensed individual practicing landscape architecture or
against a licensee, download a complaint form from the “Consumers” tab on the Web
page or contact the LATC at:
LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE
2420 Del Paso Road, Ste. 105
Sacramento, CA 95834
(916) 575-7230 Phone
(916) 575-7285 Fax
e-mail: [email protected]
It is important to note that the LAPA identifies illegal activities related to the practice of
landscape architecture as follows:
§ 5640 Unlicensed Person Engaging in Practice - Sanctions
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 six months, or by both that fine
and imprisonment, for a person to do any of the following without possessing a valid, unrevoked license as
provided in this chapter:
(a) Engage in the practice of landscape architecture.
(b) Use the title or term "landscape architect," "landscape architecture," "landscape architectural," or any
other titles, words, or abbreviations that would imply or indicate that he or she is a landscape architect as
defined in Section 5615.
(c) Use the stamp of a licensed landscape architect, as provided in Section 5659.
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(d) Advertise or put out a sign, card, or other device that might indicate to the public that he or she is a
licensed landscape architect or qualified to engage in the practice of landscape architecture.
§ 5660 Investigations – Suspension, Revocation
The board may upon its own motion, and shall upon the verified complaint in writing of any person,
investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or
revoke, the license of any landscape architect who is guilty of any one or more of the acts or omissions
constituting grounds for disciplinary action under the chapter.
§ 5665 Suspended, Revoked License - Renewal
A suspended license is subject to expiration and shall be renewed as provided in this article, but such
renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to
engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or
judgment by which it was suspended. A revoked license is subject to expiration as provided in this chapter,
but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition
precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect
on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any,
accrued at the time of its revocation.
§ 5666 Practice in Violation of Chapter Provisions
The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a
ground for disciplinary action.
§ 5667 Fraud, Misrepresentation – Obtaining a License
The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person
named in the license has obtained it by fraud or misrepresentation constitutes a ground for disciplinary action.
§ 5668 Impersonating Landscape Architect – Practice Under Assumed Name
The fact that the holder of a license is impersonating a landscape architect or former landscape architect of
the same or similar name, or is practicing under an assumed, fictitious or corporate name, constitutes a
ground for disciplinary action.
§ 5669 Aiding, Abetting – Unlicensed Practice
The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person
not authorized to practice landscape architecture under the provisions of this chapter, constitutes a ground for
disciplinary action.
§ 5670 Fraud, Deceit in Practice
The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or
deceit constitutes a ground for disciplinary action.
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§ 5671 Negligence, Willful Misconduct in Practice
The fact that, in the practice of landscape architecture, the holder of a license has been guilty of negligence
or willful misconduct constitutes a ground for disciplinary action.
§ 5672 Gross Incompetence in Practice
The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for
disciplinary action.
§ 5673 False Use of Signature
The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the
use of his or her name to or on plans, drawings, specifications or other instruments of service which have not
been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or
her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a
landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action.
§ 5675 Felony Conviction - Sanctions
The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for
disciplinary action. The record of a conviction shall be conclusive evidence thereof.
§ 5675.5 Public Agency – Disciplinary Action
The fact that the holder of a license has had disciplinary action taken by any public agency for any act
substantially related to the qualifications, functions, or duties as a landscape architect constitutes a ground for
disciplinary action.
§ 5676 Plea of Nolo Contendere – Criminal Conviction Sanctions
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is
deemed to be a conviction within the meaning of this article. The board may order the license suspended or
revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
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ENGINEERING & LAND SURVEYING
PRACTICE REQUIREMENTS
Licensing Requirements: Professional Engineers
The work of Professional Engineers and Land Surveyors practicing in the State of California
is regulated by the California Department of Consumer Affairs Board for Professional
Engineers and Land Surveyors (PELS). The mission of the Board is to safeguard the life,
health, property, and welfare of the public by regulating the practices of professional
engineering and land surveying. Similar to the CAB, PELS licenses individuals and not firms
or corporations.
At present, there are approximately 85,000 licensed professional
engineers and 6,000 licensed land surveyors practicing in the state.
Services
The work of professional engineer is defined under the Business & Professions Code, Division
3, Chapter 7, or as otherwise known as the Professional Engineers Act (PEA). A professional
engineer and his or her business practice are defined by the Code as follows:
§ 6701 Professional engineer defined
“Professional engineer,” within the meaning and intent of this act, refers to a person engaged in the
professional practice of rendering service or creative work requiring education, training and experience in
engineering sciences and the application of special knowledge of the mathematical, physical and engineering
sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of
public or private utilities, structures, machines, compliance with specifications and design for any such work.
Once additional testing is passed, the work of a professional engineer may be divided into
any of the specialized license classifications as follows:
Civil Engineer
Electrical Engineer
Mechanical Engineer
Use of the titles is regulated by B&P Code Section 6704 as is outlined on the following
page:
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§ 6704 Use of engineer titles defined
(a) In order to safeguard life, health, property, and public welfare, no person shall practice civil, electrical, or
mechanical engineering unless appropriately licensed or specifically exempted from licensure under this
chapter, and only persons licensed under this chapter shall be entitled to take and use the titles
“consulting engineer,” “professional engineer,” or “registered engineer,” or any combination of those titles
or abbreviations thereof, and according to licensure with the board the engineering branch titles specified
in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or the title “engineer-intraining.”
(b) The provisions of this section shall not prevent the use of the title “consulting engineer” by a person who
has qualified for and maintained exemption for using that title under the provisions of Section 6732.1, or
by a person licensed as a photogrammetric surveyor.
Civil Engineers
According to the Board of PELS Consumer Guide, “Civil engineers may design any building
or structure EXCEPT a hospital or public school. Civil engineers may also perform structural
and geotechnical (soils) engineering if fully competent to do so. Civil engineers analyze
and design buildings to withstand the natural forces of gravity, earthquakes, or wind, and
can provide advice regarding structural design requirements to architects and
contractors, as well as to consumers, and may design any building or structure except a
hospital or public school. Civil engineers prepare design and repair recommendations for
drainage systems, septic systems, foundations, and retaining walls. They also prepare
grading plans and topographic maps of the elevations and contours of the land. Civil
engineers also may design swimming pools.” It is noted that a Civil Engineer may also
have a branch license specializing in structural engineering or geotechnical engineering.
A Civil Engineer and his or her practice are defined by the B&P Code sections below:
§ 6702 Civil engineer defined
“Civil engineer” as used in this chapter means a professional engineer in the branch of civil engineering and
refers to one who practices or offers to practice civil engineering in any of its phases.
§ 6731 Civil engineering defined
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.
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(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 Additional civil engineering practices
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 Land survey work by civil engineer
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.
Structural Engineers
According to the PELS Consumer Guide, “Structural engineers are civil engineers who
have obtained additional experience and passed a specialized engineering examination
which authorizes them use of the title “Structural Engineer.” Their specialized engineering
knowledge and experience enables them to analyze AND design any type of building or
other structure INCLUDING public schools and hospitals. Structural engineers may also
provide advice regarding structural design requirements to architects, contractors, and
consumers.” The following page contains the definition provided by the B&P Code of a
Structural Engineer.
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§ 6736 Structural engineering defined
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.
As noted earlier in this document (see Requirements Applicable to All Licensees), B&P
Code Section 460 prohibits a local agency from prohibiting a licensee from engaging in
the profession in which he or she is licensed. This means that a local agency cannot
require that a Structural Engineer, rather than a Civil Engineer, to be in responsible charge
of the structural engineering work. This is because licensure as a Civil Engineer gives the
licensee the right to practice structural and other types of engineering. The Structural
Engineer is a “title authority” license which gives Civil Engineers the right to practice civil,
including structural, engineering.
Geotechnical Engineers
Once again, according to the Board’s Consumer Guide, “Geotechnical engineers are
civil engineers who have obtained additional experience and have passed a specialized
geotechnical engineering examination which authorizes them to use the titles
“Geotechnical Engineer,” “Soil Engineer,” or “Soils Engineer.” Geotechnical engineering
includes the investigation and engineering evaluation of earth materials including soil,
rock, groundwater, and man-made materials and their interaction with earth retention
systems foundations, and other civil engineering works. Geotechnical engineers apply the
principles of soil mechanics and the earth sciences and are knowledgeable about
engineering laws, formulas, construction techniques, and performance evaluation of civil
engineering works influenced by earth materials.”
§ 6736.1 (a) Use of title
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.
As mentioned above, B&P Code Section 460 prohibits a local agency from prohibiting a
licensee from engaging in the profession in which he or she is licensed. This means that a
local agency cannot require that a Geotechnical Engineer, rather than a Civil Engineer,
be in responsible charge of the geotechnical engineering work. Again, licensure as a Civil
Engineer gives the licensee the right to practice geotechnical and other types of
engineering. Similar to the Structural Engineer, the Geotechnical Engineer is a “title
authority” license which gives Civil Engineers the right to practice civil, including
geotechnical, engineering.
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Electrical Engineers
The PELS Consumer Guide defines the work of an electrical engineer as follows: “Electrical
engineers may design electrical systems in commercial buildings, educational facilities,
and other projects. Electrical engineering generally includes the design of power
distribution, lighting, communications, and other electrical systems.”
§ 6702.1 Electrical engineer defined
"Electrical engineer" as used in this chapter means a professional engineer in the branch of electrical
engineering and refers to one who practices or offers to practice electrical engineering in any of its phases.
§ 6731.5 (a) Electrical engineering defined
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.
Mechanical Engineers
The general classification of a mechanical engineering license according to PELS
Consumer Guide states that “Mechanical engineers may design mechanical systems in
commercial buildings, educational facilities, and other projects. Mechanical engineering
generally includes the design of heating, ventilation, air conditioning, plumbing, and other
mechanical systems.”
§ 6702.2 Mechanical engineer defined
“Mechanical engineer” as used in this chapter means a professional engineer in the branch of mechanical
engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases.
§ 6731.6 Mechanical engineering defined
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.
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Exemptions to the Work
Legislation concerning the practice of engineering is quite similar to the legislation
enacted for the practice of architecture. In fact, the language is nearly verbatim. The
B&P Code again recognizes that certain work may be minor in nature or that it may be
constructed to prescriptive rather than performance standards and therefore, allows for
that design work to be completed by persons other than a licensed engineer. Exemptions
from the licensing requirements include the types of work as noted on the following page:
§ 6737.1 Work exempted from license requirement
(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the
following:
(1) Single-family dwellings of wood-frame construction not more than two stories and basement in
height.
(2) Multiple dwellings containing no more than four dwelling units of wood-frame 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 wood-frame
construction not more than two stories and basement in height.
(4) Agricultural and ranch buildings of wood-frame 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 wood-frame construction found in the most recent edition of Title
24 of the California Code of Regulations or tables of limitation for wood-frame 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.
Also excepted from the licensing requirements of the code are building alterations. The
language incorporated into the exemptions for this work is again similar to the exceptions
found in the Architects Practice Act for non-structural store fronts and interior alterations or
additions.
§ 6745 Exemption for building alterations
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.
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(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.
Like the Architects Practice Act, exemptions may apply to certain other State-licensed
practitioners. The exemptions are noted in the pages as follows.
§ 6737 Architectural exemption
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.
§ 6737.3 Exemption of contractors
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.
The requirements for engineering allow certain other exemptions for land owners, the
communications sector and industry in general, that the Architects Practice Act does not
provide.
§ 6744 Exemption for land owner
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.
§ 6746 Exemption for communications companies under the Public Utilities Commission
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.
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§ 6746.1 Exemption for employees of communications industry
The provisions of this act pertaining to licensure of professional engineers other than civil engineers, do not
apply to employees in the communication industry, nor to the employees of contractors while engaged in
work on communication equipment. However, those employees may not use any of the titles listed in Section
6732, 6736, and 6736.1, unless licensed.
§ 6747 Exemption for industries
(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.
Work by a government agency is NOT exempt from the licensing requirements. According
the section below, a professional engineer is required to have responsible charge of all
engineering work performed by any State or local jurisdiction.
§ 6730.2 Engineer required for government agencies
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.
What to Look For
The California Building Code makes no distinction between construction documents
prepared by a registered architect or a registered engineer except to note that the
documents (when required) are to be prepared by a registered design professional. As
noted in the architectural section of this document, the code identifies that construction
documents (i.e. plans, specifications, calculations, reports and other such pertinent
information or data) shall be prepared by a registered design professional when required
by law.
§ 106.1 Submittal documents.
Construction documents, statement of special inspections and other data shall be submitted in one or more
sets with each permit application. The construction documents shall be prepared by a registered design
professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where
special conditions exist, the building official is authorized to require additional construction documents to be
prepared by a registered design professional.
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As noted above, where special conditions exist the Building Official has been given
additional authority under the code to require that the registered design professional
prepare any additional documents that may be needed for the proper review, evaluation
and inspection of the project. Similarly, the Building Official has also been given authority
to waive the preparation of certain construction documents but, only when those
documents are not required to be prepared by a registered design professional and only
when those documents are not required in order too obtain code compliance.
§ 106.1 Exception:
The building official is authorized to waive the submission of construction documents and other data not
required to be prepared by a registered design professional if it is found that the nature of the work applied for
is such that review of construction documents is not necessary to obtain compliance with this code
The California Building Code gives authority to the Building Official to require an Owner to
engage the services of a registered design professional whenever such preparation of
documents are required by State or local law.
§ 106.3.4.1 Design professional in responsible charge – General
When it is required that documents be prepared by a registered design professional, the building official shall
be authorized to require the owner to engage and designate on the building permit application a registered
design professional who shall act as the registered design professional in responsible charge…
It is important that the local Enforcing Agency verify that the person who prepared or that
was in responsible charge of the preparation of the plans and specifications is either
licensed or is otherwise exempted. License status can be verified by checking the PELS
website and searching the preparer’s name or license number. A strong caveat should
be made to those however, that are performing their research by license number. The
Board for Professional Engineers and Land Surveyors begins their numbering system fresh
for each license classification and thus, a civil engineer, electrical engineer, mechanical
engineer, or land surveyor may each have the same license number. The distinguishing
characteristic becomes the alpha-numeric classification affixed to the beginning of the
license number (e.g. C=Civil, E=Electrical, M=Mechanical, LS=Land Surveyor, etc.). A
search by license number (without the alpha-numeric classification) of the Board’s website
will list all individuals with the specific number with the respective classification then also
added. If a researcher is then unsure about potentially partial information they may have
initially received from the engineer or land surveyor and the match of the options listed in
the website, the researcher should then request further information of the licensee or an
unsuccessful and erroneous search could result.
It is important to note that the plans and documents are required to bear the seal and
signature of the responsible registered engineer. If the plans or documents are being
submitted for plan review or are otherwise not the permit ready submittal, the requirement
to sign and stamp the documents remains applicable. A notation is required however to
be provided by the engineer indicating that those documents are “preliminary,” “not for
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construction,” “for plan check only,” “for review only,” or other term or phrase that meets
with the Enforcing Agency’s acceptance. It is also important to note that recently
enacted AB 645, has eliminated the requirement for all engineering licensees to include
the expiration date of the certificate or authority from the signing, sealing or stamping
process.
§ 6735 (a) Document preparation; signing and sealing
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, 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.
As noted above, if the plans have multiple pages or sheets, the signature, seal or stamp,
expiration date and date of signing and sealing must appear on each page or sheet of
the plans. For specifications, calculations and reports, the signature and seal are required
only to appear on the title sheet, cover sheet, or signature page.
The requirements for signing and sealing of electrical or mechanical engineering
documents are similar to the requirements for civil engineers as identified above.
§ 6735.3 Signing and sealing of electrical engineering documents
(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, 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, the date of signing and sealing or stamping. If electrical engineering
plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or
stamp, 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, date of signing and sealing or stamping shall
appear at a minimum on the title sheet, cover sheet, or signature sheet.
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§ 6735.4 Signing and sealing of mechanical engineering documents
(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, 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, the date of signing and sealing or stamping. If mechanical engineering plans are
required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, 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, date of signing and sealing or stamping shall appear at a
minimum on the title sheet, cover sheet, or signature sheet.
Enforcing Agencies are protected by the B&P Code in their acceptance of the stamp or
seal in that unauthorized use is unlawful.
§ 6732 Use of seal, stamp or title by unregistered person
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.
§ 6733 Stamp or seal using expired, suspended or revoked license - unlawful
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.
In an effort to assist Enforcing Agencies with the ability to recognize a stamp (“wet” or
electronic) allowed for use by professional engineers, PELS offers the information re-printed
on the following page from their Consumer Guide:
Licensed Engineer’s Seal and Signature Requirements
All licensed engineers are required to use a seal or stamp on plans or calculations prepared by them or under
their responsible charge. The seal or stamp authorized for use by professional engineers, including structural
engineers and geotechnical engineers, may be a rubber stamp, an embossing seal or a computer-generated
seal. It must be at least one and one-half inches in diameter. Civil, electrical, and mechanical engineers must
include the expiration date of their license when they sign and seal or stamp documents.
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When an Owner desires to change the registered design professional listed on the building
permit application, written notice is to be provided from the Owner to the Enforcing
Agency advising the Building Official of such change.
§ 106.3.4.1 Design professional in responsible charge – General
…If the circumstances require, the owner shall designate a substitute registered design professional in
responsible charge who shall perform the duties required of the original registered design professional in
responsible charge. The building official shall be notified in writing by the owner if the registered design
professional in responsible charge is changed or is unable to continue to perform the duties.
Other Requirements
Supplemental Information and Changes to the Plans
When plans and specifications have been prepared by or under the responsible charge
of a professional engineer, the engineer is charged by State Law as professionally liable for
the documents. Although there are three separate sections of the B&P Code that address
changes to civil, electrical or mechanical engineering documents, the requirements are
similar and they are nearly identical for the requirements for changes to plans prepared by
an architect.
The Code notes that when changes are made by an Enforcing Agency
and those changes are not authorized or approved of by the engineer in writing, the
engineer may no longer be liable for any resulting damages. Therefore, and similar to the
caveat for changes to architectural plans, Enforcing Agencies are cautioned from making
changes to the plans and specifications that have not been first stamped and signed by
the engineer thereby signifying his or her approval of the change.
§ 6735 (b) Changes to civil engineering documents
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.
§ 6735.3 (b) Changes to electrical engineering documents
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 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.
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§ 6735.4 (b) Changes to mechanical engineering documents
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 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.
Construction Observation
Similar to the requirements for architects, when a professional engineer contracts to
provide services to an owner of a project, a legal duty or responsibility to observe the
project is not automatically imposed. Again, it is incumbent on an Enforcing Agency to
ensure that when portions of the work require observation under the provisions of Chapter
17 of the California Building Code, that such requirements are noted into the plans and
specifications and if the project is engineering-driven (i.e. there is no architect on the
project), the engineer may be held responsible to carry-out the observation duties. In
Section 6703.1 of the B&P Code, observation performed by engineers is defined as
“supervision of the construction” and in Section 6735.1 the Code imposes no particular
legal duty to provide supervision services on the engineer.
§ 6703.1. Supervision of construction defined
“Supervision of the construction of engineering structures” means the periodic observation of materials and
completed work to determine general compliance with plans, specifications, and design and planning
concepts. However, “supervision of construction of engineering structures” does not include responsibility for
the superintendence of construction processes, site conditions, operations, equipment, 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 engineer, or his or her agent, to the site of a work of improvement.
§ 6735.1. Construction supervision; legal duty
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.
When structural observation is required by the California Building Code, the code qualifies
that the observer be a “registered design professional.” In B&P Code Section 1709.1
(below), the design professional shall provide a written report to the Building Official
identifying any deficiencies that have not been resolved. It is also noted that structural
observation does not “include or waive the responsibility for inspection” that is typically
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performed by building or special inspectors as required by Section 1704 or other sections
of the code.
§ 1709.1 General
Where required by the provisions of Section 1709.2 or 1709.3 the Owner shall employ a registered design
professional to perform structural observations as defined in Section 1702.
At the conclusion of the work included in the permit, the structural observer shall submit to the Building Official
a written statement that the site visits have been made and identify any reported deficiencies that, to the best
of the structural observer’s knowledge, have not been resolved.
As noted below, the registered design professional shall provide the name the individual or
firm that shall provide the structural observation services and provide a program fo the
work that is required to be performed.
§ 106.3.4.1 Design professional in responsible charge – General
…Where structural observation is required by Section 1709, the statement of special inspections shall name
the individual or firms who are to perform structural observation and describe the stages of construction at
which structural observation is to occur (see also duties specified in Section 1704).
Construction Project Management
Engineers may provide a full range of construction services under their engineering
license. Under certain circumstances (e.g. general construction or specialty work
involving an engineering practice) an engineer may perform the construction activities
without being required to have a contractor’s license in addition to his or her professional
engineer’s license to carry out the work.
§ 6731.3 Project Management Services
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.
When an Enforcing Agency, or the owner of the project, requires that record (i.e. “asbuilt”) drawings be provided and when construction project management services HAVE
NOT been provided as an additional instrument of service, it is imperative to note that it is
acceptable for the drawings to be prepared from information collected from others
(including the Enforcing Agency) rather than only from the engineer’s first-hand
knowledge.
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§ 6735.6 Provision of record plans
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.
Good Samaritan Laws
In the event of a State declared disaster such as a fire, flood or earthquake, additional
provisions of the State Law become effective for engineers. The requirements affect the
release of plans for copy, inspections and increased penalties for unlicensed work.
§ 6706 Good Samaritan immunity
(a) An engineer who voluntarily, without compensation or expectation of compensation, provides structural
inspection services at the scene of a declared national, state, or local emergency 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
engineer's good faith but negligent inspection of a structure used for human habitation or 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) "Engineer" means a person registered under this chapter as a professional engineer, including any
of the branches thereof.
(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.
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Engineering Work by Others
Consulting Engineers
PELS no longer issues licenses in the discipline of “Consulting Engineer” and there are very
few licensees with that maintain that title. Anyone licensed as a Professional Engineer (in
any discipline) has the right to use the title “Consulting Engineer.”
Branch Engineering
According to the PELS Consumer Guide, anyone may practice the types of engineering
listed below however, only an engineer licensed in the specific branch may actually use
the title. The Board further makes it clear that although anyone can practice the types of
engineering listed, they may not practice or provide civil, electrical or mechanical
engineering services. The branch engineering services allowed include:
Agricultural Engineer
Chemical Engineer
Control Systems Engineer
Fire Protection Engineer
Industrial Engineer
Manufacturing Engineer
Nuclear Engineer
Petroleum Engineer
Traffic Engineer
PELS is further working to phase out the branch titles of “corrosion,” “quality,” and “safety”
engineer and since 1999 has no longer issued the licenses. Likewise, the Board is phasing
out the title of “manufacturing” engineer and has no longer issued that license since 2004.
As noted on the following page, those that legally obtained and continue use of their title
may continue to do so.
§ 6732.3 Continued use of branch titles of corrosion, manufacturing, quality, or safety engineering
(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."
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§ 6732.4. Discontinued issuance of certain branch titles
(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.
Complaints
For the most current license information about a professional engineer or to file a
complaint against an engineer, please contact PELS. It is best to provide as much
information about the complaint as possible when filing. If you have questions regarding
how to file a complaint, or the complaint process, you can contact the Board at
[email protected]. In addition, you may write or call PELS at:
BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
2535 Capitol Oaks Drive, Suite 300
Sacramento, CA 95833
(916) 263-2241
(866) 780-5370
PELS is responsible to investigate alleged violations of the provisions of B&P Code as it
relates to Professional Engineers and Land Surveyors. PELS is also responsible to receive
and investigate complaints against its licensees and to discipline violators accordingly. The
Board will take action against professional engineers and engineers-in-training for the
items noted on the following page:
§ 6775. Complaints against Professional Engineers
The Board may receive and investigate complaints against registered professional engineers, and make
findings thereon. By a majority vote, the board may reprove, suspend for a period not to exceed two years, or
revoke the certificate of any professional engineer registered under this chapter:
(a) Who has been convicted of a crime substantially related to the qualifications, functions and duties of a
registered professional engineer, in which case the certified record of conviction shall be conclusive
evidence thereof.
(b) Who has been found guilty by the board of any deceit, misrepresentation, or fraud, in his or her practice.
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(c) Who has been found guilty by the board of negligence or incompetence in his or her practice.
(d) Who has been found guilty by the board of any breach or violation of a contract to provide professional
engineering services.
(e) Who has been found guilty of any fraud or deceit in obtaining his or her certificate.
(f) Who aids or abets any person in the violation of any provision of this chapter.
(g) Who in the course of the practice of professional engineering has been found guilty by the board of
having violated a rule or regulation of unprofessional conduct adopted by the board.
(h) Who violates any provision of this chapter.
§ 6775.1. Complaints against Engineers-in-Training
The board may receive and investigate complaints against engineers-in-training, and make findings thereon.
By a majority vote, the board may revoke the certificate of any engineer-in-training:
(a) Who has been convicted of a crime as defined in subdivision (a) of Section 480.
(b) Who has committed any act that would be grounds for denial of licensure pursuant to Section 480 or 496.
(c) Who has been found guilty of any fraud, deceit, or misrepresentation in obtaining his or her engineer-intraining certificate or certificate of registration, certification, or authority as a professional engineer.
(d) Who aids or abets any person in the violation of any provision of this chapter.
(e) Who violates Section 119 with respect to an engineer-in-training certificate. or
(f) Who commits any act described in Section 6787.
(g) Who violates any provision of this chapter.
Disciplinary action may include license revocation, license suspension, license probation,
citations, civil injunctions, and/or referral to local district attorneys for criminal prosecution.
The Board may also investigate complaints about unlicensed practice involving projects
not exempted by state law and may take automatically take disciplinary action when an
Enforcing Agency has taken a prior disciplinary action.
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Licensing Requirements: Land Surveyors
As noted in the introductory section to the Engineering Requirements above, the work of
Land Surveyors is regulated by the California Board for Professional Engineers and Land
Surveyors (PELS). The work of professional land surveyors is defined under Business and
Professions Code, Division 3, Chapter 15, or as otherwise known as the Professional Land
Surveyors’ Act (PLSA). The B&P Code defines the term professional land surveyor and
establishes the requirements for licensure and use of certain titles as follows:
§ 8701. Professional land surveyor
“Professional land surveyor” refers to one who practices or offers to practice land surveying. Whenever
reference is made to a land surveyor by any statute, it shall be construed as referring to a professional land
surveyor.
§ 8708. Licensure requirement and titles
In order to safeguard property and public welfare, no person shall practice land surveying unless
appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed
under this chapter shall be entitled to take and use the titles “licensed land surveyor,” “professional land
surveyor,” or “land surveyor,” or any combination of these words, phrases, or abbreviations thereof.
Services
Services that a land surveyor may perform include the preparation of legal descriptions,
maps for subdividing property, setting of boundary markers, locate property lines,
boundaries and improvements, determine elevations and may provide photogrammetric
surveys.
§ 8726. Land surveying defined
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 re-subdivision of any tract of land. For the purposes of this
subdivision, the term “subdivision” or “re-subdivision” shall be defined to include, but not 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).
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(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 such 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.
(o) 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 such time as 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.
Land surveyors may practice photogrammetry and use titles representing themselves as a
“photogrammetrist” or “photogrammetric surveyor” without any further licensing
requirements needing to apply.
§ 8775. Use of title
No person shall use the title or any abbreviation of the title photogrammetrist or photogrammetric surveyor
unless he or she holds registration as a civil engineer or licensed land surveyor, or unless he or she is
licensed as a photogrammetric surveyor.
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§ 8775.1. Photogrammetric services
Persons meeting the requirements of this article may engage in and perform all photogrammetric services
germane to this chapter, either as individuals, employees, or as independent contractors; provided, however,
that the field surveys to be done are performed by registered civil engineers or licensed land surveyors, and
in the preparation of any topographic map which contains the delineation of property corners or a property
boundary or boundaries the work is certified or attested to by a registered civil engineer or land surveyor.
Civil engineering services may not be provided by a land surveyor however, a land
surveyor may offer civil engineering services incidental to a contract provided the
engineering work is performed by or under the responsible charge of a civil engineer.
§ 8726.1. Defines the authority to practice
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.
Land planning services that are typically provided by an architect or engineer may also
be provided by a land surveyor. It is important to note that both engineers and surveyors
are exempt from the Architects Practice Act concerning provision of planning services.
§ 8726.2. Land planning
A licensed land surveyor may also perform land planning in connection with the land surveying activities
authorized by this chapter.
Exemptions to the Work
The laws concerning the practice of land surveying work are broad and extensive.
However, certain exemptions may apply to the practice of survey work dependent upon
the scope of the work. Items such as geological mapping and landscape design (when
the work is not tied to the establishment of a property line) are exempt. An exemption
from licensure also applies to civil engineers that obtained their license to practice prior to
1982. A civil engineer with a license issued in 1982 or later must also be licensed as a land
surveyor in order to do survey work. Exemptions from the licensing requirements defined in
the B&P Code are as found on the following page:
§ 8727. Geologic or landscape surveys exemption
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.
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§ 8728. Restriction on design
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.
§ 8731. Civil engineers authorization to practice
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.
What to Look For
Again, similar California Building Code requirements apply to construction documents
prepared by a licensed surveyor as they do for a registered architect or licensed
professional engineer (see the Engineering section above for requirements). Also, similar
to the requirements found in Section 6735 of the B&P Code, it is incumbent on the local
Enforcing Agency to verify that the person who prepared or that was in responsible
charge of the preparation of the plans and specifications for land survey work is either
licensed or is otherwise exempted. License status can be verified by checking the PELS
website and searching the surveyor’s name or license number. It is also important to note
that the plans and documents are required to bear the seal and signature of the land
surveyor or civil engineer. If the plans or documents are being submitted for plan review or
are otherwise not the permit ready submittal, the requirement to sign and stamp the
documents remains applicable. When documents are submitted for review, a notation is
to be provided on the documents indicating that they are “preliminary,” “for examination
only.” Other terms or phrases may also be accepted by the local Enforcing Agency.
Section 8761 of the B&P Code has recently been amended and reorganized as part of AB
645 and is outlined below. AB 645 also eliminated the requirement for inclusion of the
expiration date as part of the signing, sealing and stamping process in a similar manner as
was done for civil, electrical and mechanical engineers.
§ 8761. Use of signature and seal
(a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land
surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection
with that practice.
(b) All maps, plats, reports, descriptions, or other land surveying documents shall be prepared by, or under
the responsible charge of a licensed land surveyor or civil engineer authorized to practice land surveying
and shall include his or her name and license number.
(c) Interim maps, plats, reports, descriptions, or other land surveying documents shall include a notation as to
the intended purpose of the map, plat, report, description, or other document, such as "preliminary" or "for
examination only."
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(d) All final maps, plats, reports, descriptions, or other land surveying documents issued by a licensed land
surveyor or civil engineer authorized to practice land surveying shall bear the signature and seal or stamp
of the licensee and the date of signing and sealing or stamping. If the land surveying document has
multiple pages or sheets, 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 page, or signature sheet, unless otherwise
required by law.
(e) It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other
land surveying document unless the person is authorized to practice land surveying.
(f) It is unlawful for any person to stamp or seal any map, plat, report, description, or other land surveying
document with the seal or stamp after the certificate of the licensee that is named on the seal or stamp
has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
§ 8761.1. Consistency of authority to sign and seal
The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, seal, or
approve any map, plat, report, description or other document shall be consistent with that person’s authority
to practice land surveying.
§ 8775.2. Signature and certificate number
Maps, documents, or reports prepared by, or under the direction of, a licensed photogrammetric surveyor
shall carry his signature and certificate number which will indicate his responsibility for the work.
In an effort to assist Enforcing Agencies with the ability to recognize a stamp allowed for
use by land surveyors, the B&P Code provides the following:
§ 8750. Seal
Upon being licensed, each licensee may obtain a stamp or seal of the design authorized by the board bearing
the licensee’s name, number of certificate, and the legend “Licensed Land Surveyor,” or “Professional Land
Surveyor.” The stamp or seal shall contain the expiration date of the license, or a space within which the
expiration date must be written.
The Professional Land Surveyors’ Act (PLSA) has also been amended by AB 645 to require
that surveyors provide a statement on maps prepared by them or under their direction as
follows:
8764.5. Surveyor’s Statement
Statements shall appear on the map as follows:
Surveyor's Statement
This map correctly represents a survey made by me or under my direction in conformance with the
requirements of the Professional Land Surveyors' Act at the request of _______ Name of Person Authorizing
Survey in ____, 20__. (Signed and sealed) _________________ L.S. (or R.C.E.) No. ___________________
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County Surveyor's Statement
This map has been examined in accordance with Section 8766 of the Professional Land Surveyors' Act this
____ day of ____, 20__. (Signed and sealed) ___________ County Surveyor L.S. (or R.C.E.) No. _________
Recorder's Statement
Filed this ____ day of ____, 20__, at ____.m. in Book ____ of ____ at page ____, at the request of ____.
(Signed) _________________ County Recorder
No other statements may appear on the face of the map except those required or authorized by this article.
Other Requirements
Supplemental Information and Changes to the Plans
When plans and specifications have been prepared by or under the responsible charge
of a professional civil engineer or land surveyor, the person in control is charged by State
Law as professionally liable for the documents. The section of the B&P Code that address
changes to survey documents is similar in language and intent to the requirements for
changes to any other plans prepared by an engineer or architect. The Code notes that
when changes are made by an Enforcing Agency and those changes are not authorized
or approved of by the surveyor or civil engineer in writing, that person may no longer be
liable for any resulting damages. Therefore, and similar to the caveat for changes to
engineering and architectural plans, Enforcing Agencies are cautioned from making
changes to the plans and specifications that have not been first signed and stamped by
the land surveyor or civil engineer thereby signifying his/her approval of the change.
§ 8761.2. Responsibility for subsequent changes
Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who
signs land surveying maps, plats, reports, descriptions, or other surveying documents shall not be
responsible for damage caused by subsequent changes to or uses of those maps, plats, reports,
descriptions, or other surveying documents, where the subsequent changes or uses, including changes or
uses made by state or local governmental agencies, are not authorized or approved by the registered civil
engineer or licensed land surveyor who originally signed the maps, plats, reports, descriptions, or other
surveying documents, provided that the engineering or surveying service rendered by the civil engineer or
land surveyor who signed the maps, plats, reports, descriptions, or other surveying documents was not also a
proximate cause of the damage.
Record of Survey
When a Record of Survey is provided by a professional land surveyor or civil engineer for a
particular survey, a number of sections of the B&P Code apply. Generally speaking, the
requirements for a Record of Survey are checked by and filed with the county surveyor. A
Record of Survey becomes mandatory when discrepancies are found between field data
and a previously recorded map or survey document.
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§ 8762. Records of survey
(a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land
surveying, the licensed surveyor or licensed civil engineer may file with the county surveyor in the county
in which the survey was made, a record of the survey.
(b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land
surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor in the
county in which the field survey was made a record of the survey relating to land boundaries or property
lines, if the field survey discloses any of the following:
(1) Material evidence or physical change, which in whole or in part does not appear on any subdivision
map, official map, or record of survey previously recorded or properly filed in the office of the county
recorder or county surveying department, or map or survey record maintained by the Bureau of Land
Management of the United States.
(2) A material discrepancy with the information contained in any subdivision map, official map, or record
of survey previously recorded or filed in the office of the county recorder or the county surveying
department, or any map or survey record maintained by the Bureau of Land Management of the
United States. For purposes of this subdivision, a “material discrepancy” is limited to a material
discrepancy in the position of points or lines, or in dimensions.
(3) Evidence that, by reasonable analysis, might result in materially alternate positions of lines or points,
shown on any subdivision map, official map, or record of survey previously recorded or filed in the
office of the county recorder or the county surveying department, or any map or survey record
maintained by the Bureau of Land Management of the United States.
(4) The establishment of one or more points or lines not shown on any subdivision map, official map, or
record of survey, the positions of which are not ascertainable from an inspection of the subdivision
map, official map, or record of survey.
(5) The points or lines set during the performance of a field survey of any parcel described in any deed
or other instrument of title recorded in the county recorder’s office are not shown on any subdivision
map, official map, or record of survey.
(c) The record of survey required to be filed pursuant to this section shall be filed within 90 days after the
setting of boundary monuments during the performance of a field survey or within 90 days after
completion of a field survey, whichever occurs first.
(1) If the 90-day time limit contained in subdivision (c) cannot be complied with for reasons beyond the
control of the licensed land surveyor or licensed civil engineer, the 90-day time period shall be
extended until the time at which the reasons for delay are eliminated. If the licensed land surveyor or
licensed civil engineer cannot comply with the 90-day time limit, he or she shall, prior to the
expiration of the 90-day time limit, provide the county surveyor with a letter stating that he or she is
unable to comply. The letter shall provide an estimate of the date for completion of the record of
survey, the reasons for the delay, and a general statement as to the location of the survey, including
the assessor’s parcel number or numbers.
(2) The licensed land surveyor or licensed civil engineer shall not initially be required to provide specific
details of the survey. However, if other surveys at the same location are performed by others which
may affect or be affected by the survey, the licensed land surveyor or licensed civil engineer shall
then provide information requested by the county surveyor without unreasonable delay.
(d) Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed
with the county recorder.
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(e) If the preparer of the record of survey provides a postage-paid, self-addressed envelope or postcard with
the filing of the record of survey, the county recorder shall return the postage-paid, self-addressed
envelope or postcard to the preparer of the record of survey with the filing data within 10 days of final
filing. For the purposes of this subdivision, "filing data" includes the date, the book or volume, and the
page at which the record of survey is filed with the county recorder.
When an Enforcing Agency is evaluating the Record of Survey it is important to note that
the documents shall be prepared using a process that guarantees a permanent record in
a format size of 18” x 26” (460mm x 660mm). Information contained therein shall be
consistent with the purpose of the survey and contain the minimum information as follows:
§ 8764. Record of survey - technical requirement
The record of survey shall show the applicable provisions of the following consistent with the purpose of the
survey:
(a) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and
giving other data relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and length of lines, scale of map, and north
arrow.
(c) Name and legal designation of the property in which the survey is located, and the date or time period of
the survey.
(d) The relationship to those portions of adjacent tracts, streets, or senior conveyances which have common
lines with the survey.
(e) Memorandum of oaths.
(f) Statements required by Section 8764.5.
(g) Any other data necessary for the intelligent interpretation of the various items and locations of the points,
lines, and areas shown, or convenient for the identification of the survey or surveyor, as may be
determined by the civil engineer or land surveyor preparing the record of survey. The record of survey
shall also show, either graphically or by note, the reason or reasons, if any why the mandatory filing
provisions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 8762 apply. The record of
survey need not consist of a survey of an entire property.
When a public officer acting in his or her official capacity, or when work has been
prepared under Subdivision Map Act (SMA) criteria, or retracements of property lines or
corners, or work as part of interior lots to a mobile home park, the work may be exempted
from the Record of Survey requirements.
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§ 8765. Record of survey - exemptions
A record of survey is not required of any survey:
(a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof,
showing all data required by Section 8764, except the recorder’s statement, has been filed with the
county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept
available for public inspection.
(b) Made by the United States Bureau of Land Management.
(c) When a map is in preparation for recording or shall have been recorded under the provisions of the
Subdivision Map Act.
(d) When the survey is a retracement of lines shown on a subdivision map, official map, or a record of
survey, where no material discrepancies with those records are found and sufficient monumentation is
found to establish the precise location of property corners thereon, provided that a corner record is filed
for any property corners which are set or reset or found to be of a different character than indicated by
prior records. For purposes of this subdivision, a “material discrepancy” is limited to a material
discrepancy in the position of points or lines, or in dimensions.
(e) When the survey is a survey of a mobile home park interior lot as defined in Section 18210 of the Health
and Safety Code, provided that no subdivision map, official map, or record of survey has been previously
filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section
66428.1 of the Government Code.
The B&P Code indicates that a Record of Survey may correct an error or omission to a
survey but only when amended in compliance with Section 66410 of the SMA.
§ 8770.5. Record of survey - correction
Any record of survey filed under the provisions of this chapter may be amended to show any course or
distance that was omitted there from, or to correct any error in: course or distance shown thereon, the
description of the land which the record of survey comprised, lot numbers, street names, acreages,
identification of adjacent record maps, or the character of monuments being set, or to correct any other minor
errors approved for correction by the county surveyor in the same manner that subdivision maps may be
amended under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of
Title 7 of the Government Code.
Monuments are set by the surveyor, engineer or public agency as a location-device and
are used for the purpose of controlling locations and/or elevations. Monuments are
required to be marked with the corresponding professional’s LS or RCE number and be
located such that they are not readily disturbed. The B&P Code establishes the minimum
criteria for the setting of monuments as noted on the following page:
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§ 8771. Record of survey - monumentation
(a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily
disturbed, to assure, together with monuments already existing, the perpetuation or facile
reestablishment of any point or line of the survey.
(b) When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or
highways, or provide horizontal or vertical survey control, the monuments shall be located and
referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the
time when any streets, highways, other rights-of-way, or easements are improved, constructed,
reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the
references shall be filed with the county surveyor. They shall be reset in the surface of the new
construction, a suitable monument box placed thereon, or permanent witness monuments set to
perpetuate their location if any monument could be destroyed, damaged, covered, or otherwise
obliterated, and a corner record or record of survey filed with the county surveyor prior to the recording of
a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced
in their original positions to enable property, right-of-way and easement lines, property corners, and
subdivision and tract boundaries to be reestablished without devious surveys necessarily originating on
monuments differing from those that currently control the area. It shall be the responsibility of the
governmental agency or others performing construction work to provide for the monumentation required
by this section. It shall be the duty of every land surveyor or civil engineer to cooperate with the
governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to
mark the limiting lines of highways, roads, streets or right-of-way or easement lines shall not be deemed
adequate for this purpose unless specifically noted on the corner record or record of survey of the
improvement works with direct ties in bearing or azimuth and distance between these and other
monuments of record.
(c) The decision to file either the required corner record or a record of survey pursuant to subdivision (b)
shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.
§ 8772. Marking of monuments
Any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a
property or land line shall be permanently and visibly marked or tagged with the certificate number of the
surveyor or civil engineer setting it, each number to be preceded by the letters “L.S.” or “R.C.E.,” respectively,
as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the
agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other
information on the tag which will assist in the tracing or location of the survey records which relate to the
tagged monument.
Corner Records
Field inspectors rely greatly upon corner records established by the surveyor when
attempting to establish the location of physical improvements existing or proposed. The
property corners are required by the B&P Code to be established (or re-established) and
recorded as part of a “corner record” document filed with the county surveyor for each
and every land survey project involving the location of a property corner. Such records
become very helpful when attempting to validate field information that may be held in
contention by adjoining neighbors. As needed, the inspector may require the developer
of the improvement to provide the services of a land surveyor to establish property
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boundaries and line and grade measurements to mitigate the contention. Requirements
established for the provision of Corner Records are as follows:
§ 8773. Corner records - “lost corners”
(a) Except as provided in subdivision (b) of Section 8773.4, a person authorized to practice land surveying in
this state shall complete, sign, stamp with his or her seal, and file with the county surveyor or engineer of
the county where the corners are situated, a written record of corner establishment or restoration to be
known as a “corner record” for every corner established by the Survey of the Public Lands of the United
States, except “lost corners,” as defined by the Manual of Instructions for the Survey of the Public Lands
of the United States, and every accessory to such corner which is found, set, reset, or used as control in
any survey by such authorized person.
(b) After the establishment of a lost corner, as defined by the Manual of Instructions for the Survey of the
Public Lands of the United States, a record of survey shall be filed as set forth in Section 8764.
(c) Any person authorized to practice land surveying in this state may file such corner record for any
property corners, property controlling corners, reference monuments, or accessories to a property
corner.
§ 8773.3. Corner record - monument rehabilitation
In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or
registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to
such corner, so that the same shall be left by him in such physical condition that it remains as permanent a
monument as is reasonably possible and so that the same may be reasonably expected to be located with
facility at all times in the future.
§ 8773.4. Corner record; filing; conditions; exemptions
(a) A corner record shall be signed by a licensed land surveyor or licensed civil engineer and stamped with
his or her seal, or in the case of an agency of the United States government or the State of California the
certificate may be signed by the chief of the survey party making the survey, setting forth his or her
official title, prior to filing.
(b) A corner record need not be filed when:
(1) A corner record is on file and the corner is found as described in the existing corner record.
(2) All conditions of Section 8773 are complied with by proper notations on a record of survey map filed
in compliance with the Professional Land Surveyors’ Act or a parcel or subdivision map, in
compliance with the Subdivision Map Act.
(3) When the survey is a survey of a mobile home park interior lot as defined in Section 18210 of the
Health and Safety Code, provided that no subdivision map, official map, or record of survey has
been previously filed for the interior lot or no conversion to residential ownership has occurred
pursuant to Section 66428.1 of the Government Code.
(c) This section shall not apply to maps filed prior to January 1, 1974.
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When it becomes necessary to investigate and obtain property boundary evidence, it is
important to note that professional land surveyors and civil engineers performing land
survey work are granted the authority under the B&P Code to carry out their work with
reasonable access provided by the tenant of the property without undue delay. It is also
important to note that although notice is required to be provided by the person(s)
performing the survey work, that they are not required to provide advance notice.
§ 8774. Right of entry
(a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform
surveys, is a right of persons legally authorized to practice land surveying, and it is the responsibility of
the owner or tenant who owns or controls property to provide reasonable access without undue delay.
The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the
owner or tenant shall be notified of the proposed time of entry where practicable.
(b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of
freeways.
(c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to
usable points outside the access control line by the agency having jurisdiction over the freeway when
requested in writing by the registered civil engineer or licensed land surveyor who is to perform the
property survey. The work shall be done within a reasonable time period by the agency in direct
cooperation with the engineer or surveyor and at no charge to him or her.
Complaints
For the most current license information about or to file a complaint against a land
surveyor engineer, please contact PELS. It is best to provide as much information about
the complaint as possible when filing. If you have questions regarding how to file a
complaint, or the complaint process, you can contact the Board at
[email protected]. In addition, you may write or call PELS at:
BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
2535 Capitol Oaks Drive, Suite 300
Sacramento, CA 95833
(916) 263-2241
(866) 780-5370
PELS is responsible to investigate alleged violations of the provisions of B&P Code as it
relates to Professional Engineers and Land Surveyors. PELS is also responsible to receive
and investigate complaints against its licensees and to discipline violators accordingly.
The Board may investigate complaints about unlicensed practice involving projects not
exempted by State law and may take action against professional land surveyors and land
surveyors-in-training for the items noted on the adjacent page:
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§ 8780. Complaints against Professional Land Surveyors
The board may receive and investigate complaints against licensed land surveyors and registered civil
engineers, and make findings thereon. By a majority vote, the board may reprove, suspend for a period not
to exceed two years, or revoke the license or certificate of any licensed land surveyor or registered civil
engineer, respectively, licensed under this chapter or registered under the provisions of Chapter 7
(commencing with Section 6700), whom it finds to be guilty of:
(a) Any fraud, deceit, or misrepresentation in his or her practice of land surveying.
(b) Any negligence or incompetence in his or her practice of land surveying.
(c) Any fraud or deceit in obtaining his or her license.
(d) Any violation of any provision of this chapter or of any other law relating to or involving the practice of
land surveying.
(e) Any conviction of a crime substantially related to the qualifications, functions and duties of a land
surveyor. The record of the conviction shall be conclusive evidence thereof.
(f) Aiding or abetting any person in the violation of any provision of this chapter.
(g) A breach or violation of a contract to provide land surveying services.
(h) A violation in the course of the practice of land surveying of a rule or regulation of unprofessional conduct
adopted by the board.
§ 8780.1. Complaints against Land Surveyors-in-Training
The board may receive and investigate complaints against land surveyors-in-training, and make findings
thereon. By a majority vote, the board may revoke the certificate of any land surveyor-in-training:
(a) Who has been convicted of a crime as defined in subdivision (a) of Section 480.
(b) Who has committed any act that would be grounds for denial of a license pursuant to Section 480 or 496.
(c) Who has been found guilty of any fraud, deceit, or misrepresentation in obtaining his or her land
surveyor-in-training certificate or license as a professional land surveyor.
(d) Who aids or abets any person in the violation of any provision of this chapter.
(e) Who violates Section 119 with respect to a land surveyor-in-training certificate or.
(f) Who commits any act described in Section 8792.
(g) Any violation of who violates any provision of this chapter.
Disciplinary action may include license revocation, license suspension, license probation,
citations, civil injunctions, and/or referral to local district attorneys for criminal prosecution.
The Board may also investigate complaints about unlicensed practice involving projects
not exempted by state law.
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CONSTRUCTION PRACTICE REQUIREMENTS
Licensing Requirements: Contractors
Construction work in the State of California may be performed by Owner / Builders,
Handyman Services or licensed contractors. The CSLB protects consumers by licensing
and regulating California's construction industry. Under the Contractors’ License Law,
anyone who contracts to perform construction work on another person’s property must
hold a valid contractor’s license issued by the Contractors State License Board (CSLB) if
the work is valued at $500 or more (including labor and materials – paid for or donated).
The license must be in good standing and be issued for the type of work for which the
contractor is contracting.
License Types
Under the Contractors’ License Law, there are three major categories of contractor
licenses issued to candidates who meet the respective requirements for each license
type:
A – General Engineering Contractor
B - General Contractor
C – Specialty Contractor
There are more than 254,000 active licensees in the state performing work under one or
more of the 43 different license classifications. All three of the major categories listed
above are defined under the Business & Professions Code (B&P, Division 3 Chapter 9
Article 4). Note: There are 41 classifications under the Specialty Contractor category and
the scope of work for each is defined by regulation (Division 8 of Title 16, California Code
of Regulations).
The CSLB issues licenses to qualifying persons. For the purpose of defining “persons” as
related to the Contractors License Law, the B&P Code defines a person to include an
individual, a firm, co-partnership, corporation, association or other organization, or any
combination of any thereof. Outlined below are the summarized requirements placed on
each of the three entities.
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Work by a Class A – General Engineering Contractor
The work of a general engineering contractor is defined by the B&P Code as:
§ 7056 General Engineering Contractor
A general engineering contractor is a contractor whose principal contracting business is in connection with fixed
works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation,
drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and
ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and
roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants,
bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of
petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries,
chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses,
power plants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving
projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection
with the above mentioned fixed works
According to the B&P Code, only General Engineering Contractors (Class A) and General
Contractors (Class B) are permitted to advertise as a General Contractor. It is also noted
that no other classification type other than an A or B may perform general contracting
services or advertise as such.
Work by a Class B – General Contractor
The work of a general contractor is defined by the B&P Code as:
§ 7057 General Contractors
(a) Except as provided in this section, a general building contractor is a contractor whose principal contracting
business is in connection with any structure built, being built, or to be built, for the support, shelter, and
enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of
at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. This does
not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them
into, or consuming them in the performance of the work of the general building contractor.
(b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project.
However, a general building contractor shall not take a prime contract for any project involving trades other than
framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other
than framing or carpentry, or unless the general building contractor holds the appropriate license classification
or subcontracts with an appropriately licensed specialty contractor to perform the work. A general building
contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract
requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification. The general building contractor may not count framing or
carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be
able to take a prime contract or subcontract for a project involving other trades.
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(c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection
classification as provided for in Section 7026.12 or the "C-57" Well Drilling classification as provided for in
Section 13750.5 of the Water Code, unless the general building contractor holds the specialty license, or
subcontracts with the appropriately licensed specialty contractor.
The following matrix has been provided by the CSLB to assist in identifying what a Class B –
General Contractor is permitted to perform.
As a Prime Contractor, the B General Builder May Take the Prime Contract…
 And perform framing or carpentry only

And perform framing or carpentry and two or more unrelated trades

And perform two or more unrelated trades (not counting framing or carpentry)

(bidding only) for one trade and subcontract one trade out to the correct
classification contractor
As a Subcontractor, the B General Builder May Take the Subcontract…

And perform framing or carpentry only

And perform two or more unrelated trades (not counting framing or carpentry)
Work by a Class C – Specialty Contractor
The work of a specialty contractor is defined by the B&P Code as:
§ 7058 Specialty Contractor
(a) A specialty contractor is a contractor whose operations as such are the performance of construction work
requiring special skill and whose principal contracting business involves the use of specialized building trades
or crafts.
(b) A specialty contractor includes a contractor whose operations include the business of servicing or testing fire
extinguishing systems.
(c) A specialty contractor includes a contractor whose operations are concerned with the installation and laying of
carpets, linoleum, and resilient floor covering.
The Class C specialty classifications include:
C-2 - Insulation and Acoustical Contractor
An insulation and acoustical contractor installs any insulating media and preformed architectural acoustical materials
for the purpose of temperature and/or sound control.
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C-4 - Boiler, Hot Water Heating and Steam Fitting Contractor
A boiler, hot-water heating and steam fitting contractor installs, services and repairs power boiler installations, hotwater heating systems and steam fitting, including fire-tube and water-tube steel power boilers and hot-water
heating low pressure boilers, steam fitting and piping, fittings, valves, gauges, pumps, radiators, convectors, fuel oil
tanks, fuel oil lines, chimneys, flues, heat insulation and all other equipment, including solar heating equipment,
associated with these systems.
C-5 - Framing and Rough Carpentry Contractor
A framing and rough carpentry contractor performs any form work, framing or rough carpentry necessary to
construct framed structures; installs or repairs individual components of framing systems and performs any rough
carpentry or associated work, including but not limited to the construction or installation of: sub-flooring, siding,
exterior staircases and railings, overhead doors, roof decking, truss members, and sheathing.
C-6 - Cabinet, Millwork and Finish Carpentry Contractor
A cabinet, millwork and finish carpentry contractor makes cabinets, cases, sashes, doors, trims, nonbearing
partitions and other items of "finish carpentry" by cutting, surfacing, joining, gluing and fabricating wood or other
products to provide a functional surface. This contractor also places, erects, and finishes such cabinets and millwork
in structures.
C-7 - Low Voltage Systems Contractor
A communication and low voltage contractor installs, services and maintains all types of communication and low
voltage systems which are energy limited and do not exceed 91 volts. These systems include, but are not limited to
telephone systems, sound systems, cable television systems, closed-circuit video systems, satellite dish antennas,
instrumentation and temperature controls, and low voltage landscape lighting. Low voltage fire alarm systems are
specifically not included in this section.
C-8 - Concrete Contractor
A concrete contractor forms, pours, places, finishes and installs specified mass, pavement, flat and other concrete
work; and places and sets screeds for pavements or flatwork. This class shall not include contractors whose sole
contracting business is the application of plaster coatings or the placing and erecting of steel or bars for the
reinforcing of mass, pavement, flat and other concrete work.
C-9 - Drywall Contractor
A drywall contractor lays out and installs gypsum wall board and gypsum wall board assemblies including
nonstructural metal framing members, and performs the taping and texturing operations including the application of
compounds that adhere to wall board to produce a continuous smooth or textured surface.
C10 - Electrical Contractor
An electrical contractor places, installs, erects or connects any electrical wires, fixtures, appliances, apparatus,
raceways, conduits, solar photovoltaic cells or any part thereof, which generate, transmit, transform or utilize
electrical energy in any form or for any purpose.
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IMPORTANT NOTE: Effective in 2002, all electricians that work for a C-10 electrical
contractor were required to be certified by the state of California. The deadline for
compliance by general electricians and fire/life-safety electricians was January 1,
2006, while the deadline for residential electricians was January 1, 2007. It is noted that
employees of a Class A - General Engineering Contractor, or a Class B - General
Contractor, that perform electrical work under their respective license are not required
to comply with the certification process. All other electricians who are not certified at
this time are not working legally.
C11 - Elevator Contractor
An elevator contractor fabricates, erects, installs and repairs elevators, including sheave beams, motors, sheaves,
cable and wire rope, guides, cab, counterweights, doors (including sidewalk elevator doors), automatic and manual
controls, signal systems, and all other devices and equipment associated with the safe and efficient installation and
operation of electrical, hydraulic and manually operated elevators.
C12 - Earthwork and Paving Contractors
An earthwork and paving contractor digs, moves, and places material forming the surface of the earth, other than
water, in such a manner that a cut, fill, excavation, grade, trench, backfill, or tunnel (if incidental thereto) can be
executed, including the use of explosives for these purposes. This classification includes the mixing, fabricating and
placing of paving and any other surfacing materials.
C13 - Fencing Contractor
A fencing contractor constructs, erects, alters, or repairs all types of fences, corrals, runs, railings, cribs, game court
enclosures, guard rails and barriers, playground game equipment, backstops, posts, flagpoles, and gates, excluding
masonry walls.
C15 - Flooring and Floor Covering Contractors
A flooring and floor covering contractor prepares any surface for the installation of flooring and floor coverings, and
installs carpet, resilient sheet goods, resilient tile, wood floors and flooring (including the finishing and repairing
thereof), and any other materials established as flooring and floor covering material, except ceramic tile.
C16 - Fire Protection Contractor
A Fire protection contractor lays out, fabricates and installs all types of fire protection systems; including all the
equipment associated with these systems, excluding electrical alarm systems.
IMPORTANT NOTE: No general building contractor shall contract for any project that
includes the “C-16” Fire Protection classification as provided for in B&P Code Section
7026.12, unless the general building contractor holds the specialty license, or
subcontracts with the appropriately licensed specialty contractor.
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C17 - Glazing Contractor
A glazing contractor selects, cuts, assembles and/or installs all makes and kinds of glass, glass work, mirrored
glass, and glass substitute materials for glazing; executes the fabrication and glazing of frames, panels, sashes and
doors; and/or installs these items in any structure.
C20 - Warm-Air Heating, Ventilating and Air-Conditioning Contractor
A warm-air heating, ventilating and air-conditioning contractor fabricates, installs, maintains, services and repairs
warm-air heating systems and water heating heat pumps, complete with warm-air appliances; ventilating systems
complete with blowers and plenum chambers; air-conditioning systems complete with air-conditioning unit; and the
ducts, registers, flues, humidity and thermostatic controls and air filters in connection with any of these systems.
This classification shall include warm-air heating, ventilating and air-conditioning systems which utilize solar energy.
C21 - Building Moving/Demolition Contractor
A building moving/demolition contractor raises, lowers, cribs, underpins, demolishes and moves or removes
structures, including their foundations. This classification does not include the alterations, additions, repairs or
rehabilitation of the permanently retained portions of such structures.
C23 - Ornamental Metal Contractor
An ornamental metals contractor assembles, casts, cuts, shapes, stamps, forges, welds, fabricates and installs,
sheet, rolled and cast, brass, bronze, copper, cast iron, wrought iron, monel metal, stainless steel, steel, and/or any
other metal for the architectural treatment and ornamental decoration of structures. This classification does not
include the work of a sheet metal contractor.
C27 - Landscaping Contractor
A landscape contractor constructs, maintains, repairs, installs, or subcontracts the development of landscape
systems and facilities for public and private gardens and other areas which are designed to aesthetically,
architecturally, horticulturally, or functionally improve the grounds within or surrounding a structure or a tract or plot
of land. In connection therewith, a landscape contractor prepares and grades plots and areas of land for the
installation of any architectural, horticultural and decorative treatment or arrangement.
C28 - Lock and Security Equipment Contractor
A lock and security equipment contractor evaluates, sets-up, installs, maintains and repairs all doors and door
assemblies, gates, locks and locking devices, panic and fire rated exit devices, manual and automatic operated gate
and door closures and releases, jail and prison locking devices and permanently installed or built in safes and
vaults. This classification includes but is not limited to master key systems, metal window guards, security doors,
card activated and electronic access control systems for control equipment, motion and other types of detectors and
computer systems for control and audit of control systems and other associated equipment. Fire alarm systems are
specifically not included in this section.
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C29 - Masonry Contractor
A masonry contractor installs concrete units and baked clay products; concrete, glass and clay block; natural and
manufactured stone; terra cotta; and fire brick or other material for refractory work. This classification includes the
fabrication and installation of masonry component units for structural load bearing and non-load bearing walls for
structures and fences installed with or without mortar; ceramic veneer (not tile) and thin brick that resembles full
brick for facing; paving; and clear waterproofing, cleaning and caulking incidental to masonry construction.
C31 - Construction Zone Traffic Control Contractor
A construction zone traffic control contractor prepares or removes lane closures, flagging, or traffic diversions,
utilizing portable devices, such as cones, delineators, barricades, sign stands, flashing beacons, flashing arrow
trailers, and changeable message signs, on roadways, including, but not limited to, public streets, highways, or any
public conveyance.
C32 - Parking and Highway Improvement Contractor
A parking and highway improvement contractor applies and installs protective coatings, vehicle stops, guard rails
and mechanical devices, directional lines, buttons, markers, signs and arrows on the horizontal surface of any game
court, parking facility, airport, highway or roadway constructed of concrete, asphalt or similar material. This
classification includes the surface preparatory work necessary for the application of protective coatings but does not
include the re-paving of these surfaces.
C33 - Painting and Decorating Contractor
A painting and decorating contractor prepares by scraping, sandblasting or other means and applies any of the
following: paints, papers, textures, fabrics, pigments, oils, turpentines, japans, driers, thinners, varnishes, shellacs,
stains, fillers, waxes, adhesives, water and any other vehicles, mediums and materials which adhere by evaporation
and may be mixed, used and applied to the surfaces of structures and the appurtenances thereto for purposes of
decorating, protecting, fireproofing and waterproofing.
C34 - Pipeline Contractor
A pipeline contractor fabricates and installs pipelines for the conveyance of fluids, such as water, gas, or petroleum,
or for the containment or protection of any other material, including the application of protective coatings or systems
and the trenching, boring, shoring, backfilling, compacting, paving and surfacing necessary to complete the
installation of such pipelines.
C35 - Lathing and Plastering Contractor
(a) A lathing and plastering contractor coats surfaces with a mixture of sand, gypsum plaster, quick-lime or
hydrated lime and water, or sand and cement and water, or a combination of such other materials that create a
permanent surface coating, including coatings for the purpose of soundproofing and fireproofing. These
coatings are applied with a plasterer's trowel or sprayed over any surface which offers a mechanical means for
the support of such coating, and will adhere by suction. This contractor also installs lath (including metal studs)
or any other material prepared or manufactured to provide a base or bond for such coating.
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(b) A lathing and plastering contractor also applies and affixes wood and metal lath, or any other material prepared
or manufactured to provide key or suction bases for the support of plaster coatings. This classification includes
the channel work and metal studs for the support of metal or any other lathing material and for solid plaster
partitions.
C36 - Plumbing Contractor
A plumbing contractor provides a means for a supply of safe water, ample in volume and of suitable temperature for
the purpose intended and the proper disposal of fluid waste from the premises in all structures and fixed works. This
classification includes but is not limited to:
(a) Complete removal of waste from the premises or the construction and connection of on-site waste disposal
systems;
(b) Piping, storage tanks and venting for a safe and adequate supply of gases and liquids for any purpose,
including vacuum, compressed air and gases for medical, dental, commercial and industrial uses;
(c) All gas appliances, flues and gas connections for all systems including suspended space heating units. This
does not include forced warm air units;
(d) Water and gas piping from the property owner's side of the utility meter to the structure or fixed works;
(e) Installation of any type of equipment to heat water, or fluids, to a temperature suitable for the purposes listed in
this section, including the installation of solar equipment for this purpose; and
(f) The maintenance and replacement of all items described above and all health and safety devices such as, but
not limited to, gas earthquake valves, gas control valves, back flow preventers, water conditioning equipment
and regulating valves.
C38 - Refrigeration Contractor
A refrigeration contractor constructs, fabricates, erects, installs, maintains, services and repairs refrigerators,
refrigerated rooms, and insulated refrigerated spaces, temperature insulation, air-conditioning units, ducts, blowers,
registers, humidity and thermostatic controls for the control of air, liquid, and/or gas temperatures below fifty degrees
Fahrenheit (50 ), or ten degrees Celsius (10 ).
C39 - Roofing Contractor
A roofing contractor installs products and repairs surfaces that seal, waterproof and weatherproof structures. This
work is performed to prevent water or its derivatives, compounds or solids from penetrating such protection and
gaining access to material or space beyond. In the course of this work, the contractor examines and/or prepares
surfaces and uses the following material: asphaltum, pitch, tar, felt, glass fabric, urethane foam, metal roofing
systems, flax, shakes, shingles, roof tile, slate or any other roofing, waterproofing, weatherproofing or membrane
material(s) or a combination thereof.
IMPORTANT NOTE: Effective January 1, 2007, all active Roofing (C-39) licensees must
have either a valid Certificate of Workers’ Compensation or a Certificate of SelfInsurance on file with the CSLB regardless of whether or not they have employees.
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C42 - Sanitation System Contractor
A sanitation system contractor fabricates and installs cesspools, septic tanks, storm drains, and other sewage
disposal and drain structures. This classification includes the laying of cast-iron, steel, concrete, vitreous and nonvitreous pipe and any other hardware associated with these systems.
C43 - Sheet Metal Contractor
A sheet metal contractor selects, cuts, shapes, fabricates and installs sheet metal such as cornices, flashings,
gutters, leaders, pans, kitchen equipment, duct work (including insulation, patented chimneys, metal flues, metal
roofing systems and any other installations requiring sheet metal).
C45 - Electrical Sign Contractor
An electrical sign contractor fabricates, installs and erects electrical signs, including the wiring of such electrical signs.
C46 - Solar Contractor
A solar contractor installs, modifies, maintains, and repairs active solar energy systems. An active solar energy
system consists of components which are thermally isolated from the living space for collection of solar energy and
transfer of thermal energy to provide electricity and/or heating and cooling of air or water. Active solar energy
systems include, but are not limited to, forced air systems, forced circulation water systems, thermo-siphon systems,
integral collector/storage systems, radiant systems, evaporative cooling systems with collectors, regenerative rock
bed cooling systems, photovoltaic cells, and solar assisted absorption cooling systems.
A licensee classified in this section shall not undertake or perform building or construction trades, crafts or skills,
except when required to install an active solar energy system. The C-46 classification will be issued after
development of an examination. (Note: Development of the examination has been completed.)
C47 - Manufactured Housing Contractor
(a) A general manufactured housing contractor installs, alters, repairs or prepares for moving any type of
manufactured housing as that term is defined in Section 18007 of the Health and Safety Code, including the
accessory buildings or structures, and the foundations. A manufactured house does not include any
recreational vehicle, commercial coach or factory built housing as that term is defined in Section 19971 of the
Health and Safety Code.
(b) A general manufactured housing contractor may provide utility services on a single family individual site
placement. Utility services mean the connection of gas, water, sewer and electrical utilities to the home.
C50 - Reinforcing Steel Contractor
A reinforcing steel contractor fabricates, places and ties steel mesh or steel reinforcing bars (rods), of any profile,
perimeter, or cross-section, that are or may be used to reinforce concrete structures.
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C51 - Structural Steel Contractor
A structural steel contractor fabricates and erects structural steel shapes and plates, of any profile, perimeter or
cross-section, that are or may be used as structural members for buildings and structures, including the riveting,
welding, rigging and metal roofing systems necessary to perform this work.
C53 - Swimming Pool Contractor
A swimming pool contractor constructs swimming pools, spas or hot tubs, including installation of solar heating
equipment using those trades or skills necessary for such construction.
C54 - Ceramic and Mosaic Tile Contractor
A ceramic and mosaic tile contractor prepares surfaces as necessary and installs glazed wall, ceramic, mosaic,
quarry, paver, faience, glass mosaic and stone tiles; thin tile that resembles full brick, natural or simulated stone slabs
for bathtubs, showers and horizontal surfaces inside of buildings, or any tile units set in the traditional or innovative
tile methods, excluding hollow or structural partition tile.
C55 - Water Conditioning Contractor
A water conditioning contractor installs water conditioning equipment with the use of only such pipe and fittings as are
necessary to connect the water conditioning equipment to the water supply system and to by-pass all those parts of
the water supply system within the premises from which conditioned water is to be excluded.
C57 - Water Well Drilling Contractor
A well drilling contractor installs and repairs water wells and pumps by boring, drilling, excavating, casing, cementing
and cleaning to provide a supply of uncontaminated water.
IMPORTANT NOTE: No general building contractor shall contract for any project that
includes the “C-57” Well Drilling classification as provided for in Section 13750.5 of the
Water Code, unless the general building contractor holds the specialty license, or
subcontracts with the appropriately licensed specialty contractor.
C60 - Welding Contractor
A welding contractor causes metals to become permanently attached, joined and fabricated by the use of gases and
electrical energy, which creates temperatures of sufficient heat to perform this work.
C61 - Limited Specialty Classification
(a) Limited specialty is a specialty contractor classification limited to a field and scope of operations of specialty
contracting for which an applicant is qualified other than any of the specialty contractor classifications listed and
defined in this article.
(b) An applicant classified and licensed in the classification Limited Specialty shall confine activities as a contractor
to that field or fields and scope of operations set forth in the application and accepted by the Registrar or to that
permitted by Section 831.
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(c) Upon issuance of a C-61 license, the Registrar shall endorse upon the face of the original license certificate the
field and scope of operations in which the licensee has demonstrated qualifications.
(d) A specialty contractor, other than a C-61 contractor, may perform work within the field and scope of the
operations of Classification C-61, provided the work is consistent with established usage and procedure in the
construction industry and is related to the specialty contractor's classification.
The CSLB has listed the C-61 classifications into "D" subcategories for administrative tracking. The definitions for the
"D" subcategories were developed by staff and approved by the Board as policy.
Work by a Class C-61 - Limited Specialty Contractor (Subclass D)
The work of a limited specialty contractor is further defined by the California Code of
Regulations Division 8, Title 16, Article 3. Classification. The Subclass D limited specialty
classifications include:
D03 - Awnings Contractor
An awning contractor installs, modifies or repairs aluminum, metal, vinyl or canvas awnings and patio covers. These
installations can be either freestanding or attached to a structure. Patio enclosures or carports are not included in this
classification.
D04 - Central Vacuum Systems Contractor
A central vacuum systems contractor installs, modifies, maintains or repairs central vacuum systems, pneumatic tube
dispatching systems or any other type of pipeline which operates systems of reduced pressure for any purpose.
D06 - Concrete-Related Services Contractor
A concrete related services contractor installs reusable steel concrete form sections or interlocking precast pavers.
Performs post-tensioning work, concrete sawing, breaking, curing, floor hardening treatment, coloring concrete,
concrete restoration, coring work or operates a concrete pumping service; also includes the application of gunite, but
does not include the installation of reinforcing steel.
D09 - Drilling, Blasting and Oil Field Work Contractor
A drilling contractor does core and post hole drilling, horizontal drilling (no piping) and drilling for placement of
charges and performing blasting work; performs drilling for site dewatering, oil well drilling and other oil field related
specialty work. (DOES NOT INCLUDE WATER WELL DRILLING)
D10 - Elevated Floors Contractor
An elevated floors contractor installs wood or metal framed elevated computer flooring systems. This work does not
include the construction of mezzanines.
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D12 – Synthetic Products Contractor
A synthetic products contractor installs:
(a) Synthetic counter tops and wall coverings; fiberglass, plastic, vinyl and epoxy products; plastic tile board and
decorative art work; and synthetic turf.
(b) Bathtub and enamel refinishing, resin and epoxy application, and synthetic caulking and sealants.
(c) Reservoir liners, vinyl swimming pool relining, pier piling wrap, and rodent guards.
(d) PVC piping systems for irrigation and drainage; subsurface irrigation drip systems.
D16 - Hardware, Locks and Safes Contractor
A hardware, locks and safes contractor installs, modifies or repairs power and/or manually activated door and window
locks with related hardware, built-in safes and vaults.
D21 - Machinery and Pumps Contractor
A machinery and pumps contractor installs, removes, modifies or repairs:
(a) Pumps; conveyors; cranes; dock levelers; various hoisting and material handling equipment and meters.
(b) Dumb waiters; handicap lifting and assistance equipment; automated speed-rail trolley systems for garment
hanging.
(c) Automatic car washing racks and auto body paint finishing booth equipment.
NOTE: Construction of buildings and/or roof structures for this equipment is not included.
D24 - Metal Products Contractor
A metal products contractor installs, modifies or repairs the following:
(a) Metal cabinets, lockers, modular storage structures, mail chutes, cable racks; and aluminum or vinyl storm doors
and windows.
(b) Metal wall tiles; aluminum fascia covers; and metal gutters.
(c) Aluminum studs and trusses; metal railings and turnstiles; metal prison cell accessories such as welded-tostructure cell furniture; grills and cabinets.
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D28 - Doors, Gates and Activating Devices Contractor
A doors, gates and activating devices contractor installs, modifies or repairs all types of residential, commercial or
industrial doors including overhead or sliding door assemblies. This includes but is not limited to: wood and screen
doors, metal-clad doors, glass sliding/stationary doors and frames, automatic revolving doors, hospital cubical doors
and related installations, power activated doors, gates, movable sun shades/shutters, card activated equipment and
other access control device and any low voltage electronic or manually operated door hardware/ device.
D29 - Paperhanging Contractor
A paperhanging contractor applies all types and varieties of decorative wall coverings, except painting or paneling,
including paper and vinyl goods, cork, burlap and carpet-type wall coverings.
D30 - Pile Driving and Pressure Foundation Jacking Contractor
A pile driving and pressure foundation jacking contractor provides a pile driving and/or caisson drilling or auger
service. This work also includes but is not limited to the injection of concrete or mortar into foundations for
stabilization purposes.
D31 - Pole Installation and Maintenance Contractor
A pole installation and maintenance contractor installs wood or precast poles to support the wiring or cable that is
installed by others or installs and maintains flag poles.
D34 - Prefabricated Equipment Contractor
A prefabricated products/equipment contractor performs installations of prefabricated products/equipment, including
but not limited to the following:
(a) Theater stage equipment, school classroom equipment, playground equipment, bleacher bench/seat component
parts (no installation or renovation of any supporting or structural member); store fixtures, and display cases
(either prefabricated or modular form); all forms and types of toilet/shower room partitions/accessories; and
prefabricated closet systems.
(b) Laboratory and medical equipment, dust collecting systems; factory built fireplaces and accessories (no masonry
facing); major appliance installations and ventilating hoods in connection with existing fuel and energy lines
which are installed by others.
(c) Bus stop shelters, prefabricated phone booths; prefabricated sound proof environmental clean rooms; panelized
refrigerated walk-in boxes (not to include the work of refrigeration contractor); all types of modular office,
institutional or home improvement systems including, but not limited to all types of pre-finished and/or UL listed
pre-wired wall panels.
D35 - Pool and Spa Maintenance Contractor
A pool and spa maintenance contractor installs, replaces or repairs pool motors, pumps, filters, gas heaters and any
above ground piping in connection with pools; includes electrical switches, breakers, pool lights, diving boards,
existing solar systems that heat pools, pool and spa acid baths and applies vinyl liners to existing surfaces.
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D38 - Sand and Water Blasting Contractor
A sand and water blasting contractor uses the force of compressed air in conjunction with abrasive materials or water
to clean or prepare surfaces for any protective, decorative and/or functional treatment.
D39 - Scaffolding Contractor
A scaffolding contractor erects metal or wood scaffolding including temporary sidewalk sheltered construction work
barricades.
D40 - Service Station Equipment and Maintenance Contractor
A service station maintenance contractor installs and/or removes underground fuel storage tanks up to 20,000
gallons which have been or are to be used for dispensing gasoline, diesel fuel, waste oil or kerosene (no chemicals).
This work involves the installation and/or removal of all incidental tank related piping, electrical work, including the
installation of vapor probes in back fill areas of the tanks and any associated calibration work, including but not limited
to the testing and adjustment of leak detection and vapor recovery equipment, such as automatic tank gauges, leak
line detectors, vapor recovery lines, and in-station diagnostics. This contractor also performs the installation of auto
hoisting equipment, grease racks, compressors, air hoses, and other service station equipment. Note: Licensees
holding this classification prior to January 18, 2001, may perform all the work as described above. Licenses issued
after this date may perform the "calibration" work only.
D41 - Siding and Decking Contractor
A siding and decking contractor applies or installs all types of exterior siding including wood, wood products, vinyl,
aluminum and metal siding to new or existing buildings. This contractor also constructs wooden decks and related
handrails. This work shall not include the construction or installation of covers or enclosures of any kind.
D42 - Sign Installation
A sign installation contractor fabricates and installs all types of nonelectrical signs, including but not limited to: post or
pole supported signs, signs attached to structures, painted wall signs and modifications to existing signs.
D49 - Tree Service Contractor
A tree service contractor prunes trees, removes trees, limbs or stumps (including grinding) and engages in tree or
limb guying.
D50 - Suspended Ceilings Contractor
A suspended ceilings contractor installs, modifies or repairs all types of suspended ceilings, including but not limited
to the following: lay-in-grid and other types of systems involving solid, perforated or translucent ceiling panels (no
electrical work).
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D52 - Window Coverings Contractor
A window coverings contractor installs or applies decorative, architectural/ functional window/glass treatment or
covering products, including but not limited to the following: all types of materials and fabrics that make up louvers,
shutters, Venetian and mini-blinds; residential or commercial draperies and screens; expanded metal window and
door guards; plastic film window treatment and/or any other window treatment applied for temperature control or as a
screening device.
D53 - Wood Tanks Contractor
A wood tanks contractor erects or repairs elevated wooden storage tanks and related cooling towers. (Hot tubs are
not included.)
D56 - Trenching Only Contractor
A trenching contractor is a limited specialty contractor whose contracting business is trenching only for foundations,
pipelines, conduit and related trenching work.
D59 – Hydro-seed Spraying Contractor
A hydro-seed spraying contractor applies seeds through any liquid media to any type of surface that has been
prepared or contoured by others.
D62 - Air and Water Balancing Contractor
An air and water balancing contractor installs any device and performs any work related to providing a specified flow
of air in all types of existing heating and cooling systems and/or related to providing a specified flow of water in water
piping systems.
D63 - Construction Clean-up Contractor
A construction cleanup contractor cleans up and/or removes from building grounds or structures any debris resultant
from any construction project including but not limited to: concrete, dirt, scrap lumber, plaster, drywall, any paint or
adhesive products from windows, floors, ceramic tile and bathroom fixtures.
D64 - Non-specialized Contractor
A non-specialized contractor installs, modifies, maintains and repairs new products and/or new installations which are
not defined in any section herein or defined in any license classification authorized by the Board under Chapter 9,
Division 3 of the Business and Professions Code (Contractors License Law).
D65 - Weatherization and Energy Conservation Contractor
A weatherization and energy conservation contractor installs, removes, modifies or repairs or provides maintenance
services for energy conservation products limited to the following: door and window weather stripping, caulking, water
heater pipe wrap, water heater blankets, insulating gaskets for electrical outlet covers, shade screens, shutters, storm
windows, tinted window film, residential water flow restricting devices installed onto existing fixture. (DOES NOT
INCLUDE INSULATION, GLAZING OR HEATING VENTILATING AND AIR CONDITIONING WORK)
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Certifications
Certain work of contractors requires special certification which is defined by the B&P Code
Division 3, Chapter 9. Contractors, Article 4. Classifications to include the classes below:
ASB - Asbestos Certification
§ 7058.5 Asbestos Certification
(a) No contractor shall engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, which
involves 100 square feet or more of surface area of asbestos containing materials, unless the qualifier for the
license passes an asbestos certification examination. Additional updated asbestos certification examinations
may be required based on new health and safety information. The decision on whether to require an updated
certification examination shall be made by the Contractors' State License Board, in consultation with the Division
of Occupational Safety and Health in the Department of Industrial Relations and the State Department of Health
Services. No asbestos certification examination shall be required for contractors involved with the installation,
maintenance, and repair of asbestos cement pipe or sheets, vinyl asbestos floor materials, or asbestos
bituminous or resinous materials. "Asbestos" as used in this section, has the same meaning as defined in
Section 6501.7 of the Labor Code.
(b) The Contractors' State License Board shall develop, and deliver to all applicants with the request for bond and
fee, a booklet containing information relative to handling and disposal of asbestos, together with an open book
examination concerning asbestos-related work. All applicants for an initial contractor's license and all applicants
filing a delinquent renewal application who have not previously completed the open book examination shall
complete and sign the open book examination and submit it to the Contractors' State License Board with the
required renewal or bond and fee.
HAZ - Hazardous Substance Removal Certification
§ 7058.7 Hazardous Substance Removal Certification
(a) No contractor shall engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for
the license has passed an approved hazardous substance certification examination.
(b)
(1) The Contractors' State License Board, the Division of Occupational Safety and Health of the Department of
Industrial Relations, and the Department of Toxic Substances Control shall jointly select an advisory
committee, which shall be composed of two representatives of hazardous substance removal workers in
California, two general engineering contractors in California, and two representatives of insurance
companies in California who shall be selected by the Insurance Commissioner.
(2) The Contractors' State License Board shall develop a written test for the certification of contractors engaged
in hazardous substance removal or remedial action, in consultation with the Division of Occupational Safety
and Health, the State Water Resources Control Board, the Department of Toxic Substances Control, and the
advisory committee.
(c) The Contractors' State License Board may require additional updated approved hazardous substance
certification examinations of licensees currently certified based on new public or occupational health and safety
information. The Contractors' State License Board, in consultation with the Department of Toxic Substances
Control and the State Water Resources Control Board, shall approve other initial and updated hazardous
substance certification examinations and determine whether to require an updated certification examination of all
current certificate holders.
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(d) For purposes of this section "removal or remedial action" has the same meaning as found in Chapter 6.8
(commencing with Section 25300) of Division 20 of the Health and Safety Code, if the action requires the
contractor to dig into the surface of the earth and remove the dug material and the action is at a site listed
pursuant to Section 25356 of the Health and Safety Code or any other site listed as a hazardous waste site by
the Department of Toxic Substances Control or a site listed on the National Priorities List compiled pursuant to
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.). "Removal or remedial action" does not include asbestos-related work, as defined in Section 6501.8 of the
Labor Code, or work related to a hazardous substance spill on a highway.
(e)
(1) A contractor shall not install or remove an underground storage tank, unless the contractor has passed the
hazardous substance certification examination developed pursuant to this section.
(2) A contractor who is not certified may bid on or contract for the installation or removal of an underground
tank, as long as the work is performed by a contractor who is certified pursuant to this section.
(3) For purposes of this subdivision, "underground storage tank" has the same meaning as defined in
subdivision (x) of Section 25281 of the Health and Safety Code.
HIS Registration
According to the B&P Code, persons that solicit, sell, negotiate or execute contracts for
home improvements, swimming pools or spas for a contractor are required by the CSLB to
be registered as a Home Improvement Salesperson (HIS). Unlike the requirements for
contractors, a HIS must be registered with the CSLB regardless of the dollar value of the
project. A registered HIS may work exclusively for, or with, any multiple of home
improvement contractors.
A separate registration however, is needed for each
contractor worked for.
§ 7152 (a) HIS defined.
"Home improvement salesperson" is a person employed by a home improvement contractor licensed under this
chapter to solicit, sell, negotiate, or execute contracts for home improvements, for the sale, installation or furnishing
of home improvement goods or services, or of swimming pools, spas, or hot tubs.
Officers, partners and qualifying persons (i.e. a RMO or RME) and appointment setters and
repair persons are exempt from the HIS registration requirements. Also exempted are sales
persons that work for a retail business operating from a “fixed” location where the goods
or services are offered for sale.
§ 7152(b) Exempt persons.
The following shall not be required to be registered as home improvement salespersons:
(1) An officer of record of a corporation licensed pursuant to this chapter.
(2) A general partner listed on the license record of a partnership licensed pursuant to this chapter.
(3) A qualifying person, as defined in Section 7068.
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(4) A salesperson whose sales are all made pursuant to negotiations between the parties if the negotiations are
initiated by the prospective buyer at or with a general merchandise retail establishment that operates from a
fixed location where goods or services are offered for sale.
(5) A person who contacts the prospective buyer for the exclusive purpose of scheduling appointments for a
registered home improvement salesperson.
(6) A bona fide service repairperson who is in the employ of a licensed contractor and whose repair or service call
is limited to the service, repair, or emergency repair initially requested by the buyer of the service.
Work by an Owner-Builder
An Owner is defined as any individual, or group of individuals, who own a property on
which they plan to construct, alter, repair, improve, or remodel a building or structure.
Tenants may also be considered by some local Enforcing Agencies to qualify as an owner
for the purposes of constructing work under the Owner-Builder provisions of the code.
There are three different methodologies under which the term “Owner-Builder” can be
classified for performing the work. The methods can stand alone or can be formed into
any number of combinations as desired by the owner to carryout the work ahead of
them. The methods include:
Owner-as-Worker is a type of Owner-Builder where the Owner personally perform the construction work, the permit
is taken out in the Owner’s name and the Owner is personally responsible for the construction management,
knowledge, workmanship, and completion of the job. Owner’s benefit by not paying others to perform the work and
the risk depends on the Owner’s ability to complete the job successfully.
Owner-as-Contractor is a type of Owner-Builder where the Owner personally act as their own General Contractor,
the permit is taken out in the Owner’s name and the Owner hires California licensed sub-contractors to perform
portions of the construction work. The benefit of protection provided by law when Owners hire only California
licensed sub-contractors can turn to serious financial risk if unlicensed contractors are hired to perform any of the
work.
Owner-as-Employer is a type of Owner-Builder where the Owner pays any unlicensed individual to perform any
construction work valued at more than $500.00, the permit is taken out in the Owner’s name and the Owner is
personally responsible for the employment requirements, supervision, performance, safety and welfare while
workers are on the property. Cost savings benefit can turn to serious financial risk if the Owner fails to deduct
payroll taxes or provide workers compensation insurance for each worker.
Property owner’s choosing to act as an Owner-Builder must sign a declaration printed on
the permit application that includes the statements and disclosures listed below.
OWNER-BUILDER’S DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors’ State License Law for the reason(s)
indicated below by the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and
Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any
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structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is
licensed pursuant to the provisions of the Contractors’ State License Law (Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a
civil penalty of not more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees with wages as their sole compensation, will do (_) all of or
(_) portions of the work, and the structure is not intended or offered for sale (Section 7044, Business and
Professions Code: The Contractors’ State License Law does not apply to an owner of property who, through
employees’ or personal effort, builds or improves the property, provided that the improvements are not intended or
offered for sale. If, however, the building or improvement is sold within one year of completion, the Owner-Builder
will have the burden of proving that it was not built or
improved for the purpose of sale.).
(_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project
(Section 7044, Business and Professions Code: The Contractors’ State License Law does not apply to an owner of
property who builds or improves thereon, and who contracts for the projects with a licensed Contractor pursuant to
the Contractors’ State License Law.).
(_) I am exempt from licensure under the Contractors’ State License Law for the following reason:
2_________________________________________________________________________________________
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at
least one year prior to completion of the improvements covered by this permit, I cannot legally sell a structure that I
have built as an owner-builder if it has not been constructed in its entirety by licensed contractors. I understand that
a copy of the applicable law, Section 7044 of the Business and Professions Code, is available upon request when
this application is submitted or at the following Web site: http://www.leginfo.ca.gov/calaw.html.
Property Owner or Authorized Agent signature_______________________________ Date ________________
Over 20,000 consumer complaints are filed each year with the CSLB. Many complaints
involve projects that were permitted under Owner-Builder provisions and where the
property owner has become exposed to or responsible for:
Fraudulent representations ▪ Liability for worker’s injuries ▪
Liability for material and labor costs unpaid by contractors ▪
Licensing requirements ▪ Employers tax liabilities
In response, the California Legislature recently enacted Health and Safety (H&S) Code
Section 19827 which requires Enforcing Agencies to obtain an acknowledgment form,
signed by the property owner, whenever a permit is issued as “Owner-Builder.” This
acknowledgment for may be signed by the property owner at the time a permit is issued
or it may be mailed to the property owner by the Enforcing Agency after issuance of the
permit. The form signed by the owner must include the information as follows:
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OWNER’S ACKNOWLEDGMENT AND VERIFICATION OF INFORMATION
DIRECTIONS: Read and initial each statement below to signify you understand or verify this information.
____1. I understand a frequent practice of unlicensed persons is to have the property owner obtain an “OwnerBuilder” building permit that erroneously implies that the property owner is providing his or her own labor and
material personally. I, as an Owner-Builder, may be held liable and subject to serious financial risk for any injuries
sustained by an unlicensed person and his or her employees while working on my property. My homeowner’s
insurance may not provide coverage for those injuries. I am willfully acting as an Owner-Builder and am aware of the
limits of my insurance coverage for injuries to workers on my property.
____2. I understand building permits are not required to be signed by property owners unless they are responsible
for the construction and are not hiring a licensed Contractor to assume this responsibility.
____3. I understand as an “Owner-Builder” I am the responsible party of record on the permit. I understand that I
may protect myself from potential financial risk by hiring a licensed Contractor and having the permit filed in his or
her name instead of my own.
____4. I understand Contractors are required by law to be licensed and bonded in California and to list their license
numbers on permits and contracts.
____5. I understand if I employ or otherwise engage any persons, other than California licensed Contractors, and
the total value of my construction is at least five hundred dollars ($500), including labor and materials, I may be
considered an “employer” under state and federal law.
____6. I understand if I am considered an “employer” under state and federal law, I must register with the state and
federal government, withhold payroll taxes, provide workers’ compensation disability insurance, and contribute to
unemployment compensation for each “employee.” I also understand my failure to abide by these laws may subject
me to serious financial risk.
____7. I understand under California Contractors’ State License Law, an Owner-Builder who builds single-family
residential structures cannot legally build them with the intent to offer them for sale, unless all work is performed by
licensed subcontractors and the number of structures does not exceed four within any calendar year, or all of the
work is performed under contract with a licensed general building Contractor.
____8. I understand as an Owner-Builder if I sell the property for which this permit is issued, I may be held liable for
any financial or personal injuries sustained by any subsequent owner(s) that result from any latent construction
defects in the workmanship or materials.
____9. I understand I may obtain more information regarding my obligations as an “employer” from the Internal
Revenue Service, the United States Small Business Administration, the California Department of Benefit Payments,
and the California Division of Industrial Accidents. I also understand I may contact the California Contractors’ State
License Board (CSLB) at 1-800-321-CSLB (2752) or www.cslb.ca.gov for more information about licensed
contractors.
____10. I am aware of and consent to an Owner-Builder building permit applied for in my name, and understand that
I am the party legally and financially responsible for proposed construction activity at the following address:
_________________________________________________________________________________________
____11. I agree that, as the party legally and financially responsible for this proposed construction activity, I will
abide by all applicable laws and requirements that govern Owner-Builders as well as employers.
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____ 12. I agree to notify the issuer of this form immediately of any additions, deletions, or changes to any of the
information I have provided on this form. Licensed contractors are regulated by laws designed to protect the public.
If you contract with someone who does not have a license, the Contractors’ State License Board may be unable to
assist you with any financial loss you may sustain as a result of a complaint. Your only remedy against unlicensed
Contractors may be in civil court. It is also important for you to understand that if an unlicensed Contractor or
employee of that individual or firm is injured while working on your property, you may be held liable for damages. If
you obtain a permit as Owner-Builder and wish to hire Contractors, you will be responsible for verifying whether or
not those Contractors are properly licensed and the status of their workers’ compensation insurance coverage.
Work by a Handyman Service
A Handyman Service is permitted to do construction work in the State of California
provided the work to be performed is valued at less than $500. The $500 limit must include
the value of both the labor and materials whether they have been paid for by the
handyman service or donated or supplied from any other source including the property
owner, friend, neighbor, relative or not-for-profit organization.
Agents
An Agent may represent the Owner, the Architect or Engineer, or the Contractor. Only
agents for the Owner or Contractor however may be entitled to obtain a permit. Prior to
issuance of a permit, an agent must provide sufficient information to the Enforcing Agency
in order to satisfy the agency that the agent is properly authorized to act in behalf of the
Owner or Contractor.
What to Look For
According to the B&P Code, it is the responsibility of the Enforcing Agency to verify that
the permit applicant is licensed as required by State law.
§ 7031.5.
Each county or city which requires the issuance of a permit as a condition precedent to the construction, alteration,
improvement, demolition or repair of any building or structure shall also require that each applicant for such a permit
file as a condition precedent to the issuance of a permit a statement which he has prepared and signed stating that
the applicant is licensed under the provisions of this chapter, giving the number of the license and stating that it is in
full force and effect, or, the applicant is exempt from the provisions of this chapter, the basis for the alleged
exemption. Any violation of this section by any applicant for a permit shall be subject to a civil penalty of not more
than five hundred dollars ($500).
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CALBO and the CSLB (in its pamphlet entitled “What You Should Know Before You Hire a
Contractor”) provide these recommendations for validating the status of a contractor’s
license:
Ask to see the contractor’s pocket license and some additional form of
identification. The name on the pocket license should be the same as the name of
the contractor or business name the contractor is working under (it should be noted
that it is illegal for one contractor to use another contractor’s license, just as it is
illegal for someone to use another person’s driver’s license).
Check the CSLB Web site, www.cslb.ca.gov/ or call (800) 321-CSLB to find out if the
license is valid.
- Verify the contractor’s business address
- Check the expiration date
- Check the licenses status
- Check the license classification and match them with the description of the
work to verify that the contractor is properly licensed to perform the type of
work described
- Check the contractor’s bond to assure that it is in effect
- Check Workers’ Compensation to verify status
- Verify that the person signing the permit application is legally allowed to sign.
Signing authorities may be checked by viewing the “Personnel List” or by
checking an authorization to sign.
The CSLB advises that due to workload, the information contained in the CSLB license
database may not be current. It is recommended that when such conditions arise, that
you call CSLB or use other verifiable documents, such as a current certificate of insurance,
paid receipt or other such document supplied by the contractor to assist with validation of
the license status.
The B&P Code requires that when an Enforcing Agency requires a business license, that
the licensee must file a statement at the time of issuance or renewal that their license is in
full force and effect or that they are otherwise exempt from the requirements.
§ 7033.
Every city or city and county which requires the issuance of a business license as a condition precedent to
engaging, within the city or city and county, in a business which is subject to regulation under this chapter, shall
require that each licensee and each applicant for issuance or renewal of such license shall file, or have on file, with
such city or city and county, a signed statement that such licensee or applicant is licensed under the provisions of
this chapter and stating that the license is in full force an effect, or, if such licensee or applicant is exempt from the
provisions of this chapter, he shall furnish proof of the facts which entitle him to such exemption.
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Complaints
The B&P Code provides a vehicle to Enforcing Agencies for formalizing complaints against
contractors with the CSLB. As noted in the code, complaints received from Enforcing
Agencies are treated with priority over other complaints.
§ 7032.
Nothing in this chapter shall limit the power of a city or county to regulate the quality and character of installations
made by contractors through a system of permits and inspections which are designed to secure compliance with
and aid in the enforcement of applicable state and local building laws, or to enforce other local laws necessary for
the protection of the public health and safety. Nothing in this chapter shall limit the power of a city or county to adopt
any system of permits requiring submission to and approval by the city or county of plans and specifications for an
installation prior to the commencement of construction of the installation. Cities or counties may direct complaints
to the registrar against licensees based upon determinations by city or county enforcement officers of violations by
such licensees of codes the enforcement of which is the responsibility of the complaining city or county. Such
complaints shall to the extent determined to be necessary by the registrar be given priority in processing over other
complaints. Nothing contained in this section shall be construed as authorizing a city or county to enact regulations
relating to the qualifications necessary to engage in the business of contracting.
As noted in the cover letter of the CALBO/CSLB Guidelines (see CALBO web site at
www.calbo.org), an Enforcing Agency is encouraged to report problems with licensed
and unlicensed contractors:
“The CALBO Board and the Contractors State License Board (CSLB) are asking that all
Building Department personnel join in the effort to fulfill our common goal of
establishing a cooperative state/local partnership aimed at identifying and resolving
problems created by licensed and unlicensed contractors who:
• Perform shoddy work
• Disregard building codes
• Use deceptive business practices
• Misrepresent their license status, and/or
• Engage in the underground economy
The use of illegal contracting tactics and substandard construction methods can
cause considerable harm to the public. Home improvement projects, especially those
involving the elderly, are frequently targeted for such activity. The CALBO Board and
the CSLB believe that we can make a difference in our communities through focused
efforts at building department counters and construction sites. More specifically, by
collaborating to identify, discourage, report, and prosecute individuals who are
unscrupulous and/or negligent, we can provide greater safeguards to our
communities.
The joint efforts that we propose are designed to take place in various stages,
including: a study of unlicensed activity and other fraudulent practices found in the
Owner/Builder category of permits; a study focusing on violations of the workers’
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compensation insurance laws by the roofing industry; and finally, establishing and
utilizing a common set of guidelines to help the CALBO/CSLB staff work cooperatively
to address and remedy the unlawful and unsafe building practices which harm the
community.”
In a cooperative effort with CALBO, the CSLB has established the Statewide Investigation
Fraud Team (SWIFT) to monitor and combat illegal construction activity. SWIFT provides
building officials with a first line source for reporting suspect construction activities. SWIFT
will investigate complaints and often partners with local and other state agencies to
conduct joint operations, sweeps and stings to assist the building official with protecting
their community.
Instructions for filing a complaint are found on the CSLB’s web site by clicking on the SWIFT
Lead Referral form or by calling either the Southern or Northern SWIFT offices. SWIFT
recommends that you provide as much information concerning the case as possible and
indicate if there are employees on the site, if known.
For the reporting of suspect activities in the counties of:
Imperial ▪ Kern ▪ Los Angeles ▪ Orange ▪ Riverside
San Bernardino ▪ San Diego ▪ San Luis Obispo ▪ Santa Barbara ▪ Ventura
Send the SWIFT Lead Referral Form to:
Norwalk SWIFT Unit
12501 East Imperial Highway, Suite 620
Norwalk, CA 90650
(562) 345-7600 Phone
(562) 466-6065 Fax
For all other locations, send the referral form to:
Sacramento SWIFT Unit
P. O. Box 269117
Sacramento, CA 95826-9117
(916) 255-2924 Phone
(916) 369-7265 Fax
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Permit Avoidance
The CSLB and CALBO are greatly concerned of the resurgence in the number of
projects that are being constructed without the benefit of permits or inspection.
Whether driven by competitive market forces or not, contractors are, in record
numbers, avoiding permits. Current market trends indicate that contractors are
asking owners to obtain permits under a nod-and-a-wink agreement knowing that
the owner has no intention of obtaining a permit or, the contractor may simply not
obtain a permit in order to keep costs down or, and of more recent occurrence,
the owner is indicating to the contractor that he or she will get the job if the
contractor does not obtain a permit. CLSB and CALBO have found that not only is
the market a factor but, the underground work is a motif operandi for those that
do not choose to follow the building codes. Each situation is a recipe for disaster.
Currently, the penalties for permit avoidance are rather minor. Many contractors
guilty of this practice believe that if they avoid obtaining a permit and then get
caught it is part of the cost of doing business. When a contractor avoids a permit
and doesn’t get caught, the monies saved are well worth it. The current legislation
printed on the following page indicates that violation is a cause for disciplinary
action.
§ 7110. Violations of Building Codes
Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision
thereof, or of Section 8505 or 8556 of this code, or of Sections 1689.5 to 1689.8, inclusive, or Sections
1689.10 to 1689.13, inclusive, of the Civil Code, or of the safety laws or labor laws or compensation
insurance laws or Unemployment Insurance Code of the state, or violation by any licensee of any provision of
the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells, or Article
2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code, constitutes
a cause for disciplinary action.
In effort to curb these willful or deliberate acts, CSLB is working diligently to stiffen
penalties issued to the contractor through new legislative actions. CSLB and
CALBO are also requesting that local Enforcing Agencies promptly report violators
to the SWIFT Unit so that appropriate disciplinary actions can be levied. It is
through the teamwork of the local agencies, CSLB and CALBO of a promotional
advertisement campaign, that we will all see a reduction in these issues.
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PART II:
THE PRACTICE AND
REGULATION OF
CERTIFIED
SPECIALISTS
87
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CERTIFIED INTERIOR DESIGNER
PRACTICE REQUIREMENTS
The Charge
The California Council for Interior Design Certification, Inc. (CCIDC) is a non-profit,
California corporation that defines and enforces standards of competence, ethics,
professionalism, and administers a program of voluntary certification of interior designers in
California. It is important to note that since its establishment effective January 1, 1992, the
CCIDC’s activities fall under the purview of the California Joint Committee on Boards,
Commissions and Consumer Protection and not under the responsibility of the Department
of Consumer Affairs.
As noted, the CCIDC is not a licensing body but rather certifies designers in much the
same way the International Code Council certifies permit technicians, building and
special inspectors, plans examiners and building officials to perform their work. At present,
the CCIDC certifies more than 3,500 interior designers in California to protect the health,
safety and welfare of the public by ensuring the professional performance of those
designers they certify. Requirements for Certified Interior Designers (CID) are found in
Section 5800 through 5812 of the B&P Code.
The Work of a Certified Interior Designer
Services
The B&P Code defines Certified Interior Designers and the scope of their work to be as
follows:
§ 5800 Certified interior designer defined
As used in this chapter:
(a) "Certified interior designer" means a person who prepares and submits nonstructural or non-seismic plans
consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to
require the skills of a licensed contractor to implement them, and who engages in programming, planning,
designing, and documenting the construction and installation of nonstructural or non-seismic elements,
finishes and furnishings within the interior spaces of a building, and has demonstrated by means of
education, experience and examination, the competency to protect and enhance the health, safety, and
welfare of the public.
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Recognizing the recent change of the State’s model code from the Uniform Building Code
to the International Building Code, the B&P Code further provides the information
contained below:
§ 5805 Preparation and acceptance of plans
Nothing in this chapter shall preclude certified interior designers or any other person from submitting interior
design plans to local building officials, except as provided in Section 5538. In exercising discretion with
respect to the acceptance of interior design plans, the local building official shall reference the Uniform
Building Code.
From the Exemptions to the Work section above for licensed architects, B&P Code Section
5538 is repeated for convenience on the following page. As noted, Section 5538 permits
the planning or design of non-structural store front or interior alterations or additions by any
person. Sections 5800 and 5805 above, however, provide a specific exemption for this
work when performed by a Certified Interior Designer. It is noted that the exemption
applies for CID’s (just as it does for any person) when the conditions in Section 5538 apply.
§ 5538 Planning or Design Affecting Safety of Building or Its Occupants;
Nonstructural Store Front or Interior Alterations or Additions Excepted
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 non-seismic storefronts, interior alterations or additions, fixtures, cabinetwork,
furniture, or other appliances or equipment.
(b) For any nonstructural or non-seismic work necessary to provide for their installation.
(c) For any nonstructural or non-seismic 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.
It is also noted that the exemptions contained in Section 5537 should be
interpreted to apply to a CID in much the same way that it applies to any person
(including other unlicensed designers or a property owners) that desires to prepare
plans, drawings and specifications for certain residential and agricultural-type
buildings. Again, as noted above, it is important to note that the exemptions
contain in Section 5537 apply only to wood-framed buildings conforming to the
provisions of the California Code of Regulations, Title 24, Part 2 (currently the 2007
California Building Code), Section 2308 for conventional light-frame construction
and any amendments as may be adopted thereto by the local Enforcing Agency.
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§ 5537 Exemptions; Dwellings, Garages, Agricultural and Ranch Buildings
(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the
following:
(1) Single-family dwellings of wood-frame construction not more than two stories and basement in
height.
(2) Multiple dwellings containing no more than four dwelling units of wood-frame 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
(3) Garages or other structures appurtenant to buildings described under subdivision (a), of wood-frame
construction not more than two stories and basement in height.
(4) Agricultural and ranch buildings of wood-frame 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 wood-frame construction found in the most recent edition of Title
24 of the California Code of Regulations or tables of limitation for wood-frame 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.
What to Look For
The B&P Code requires that plans prepared by a certified interior designer be signed and
affixed with the designer’s stamp as noted below:
§ 5802 Stamp required
(a) All drawings, specifications, or documents prepared for submission to any government regulatory agency
by any certified interior designer, or under his or her supervision shall be affixed by a stamp, as specified
in Section 5801, and signed by that certified interior designer.
(b) All such documents shall be identified as interior design documents, which are not architectural or
engineering documents.
To assist Enforcing Agencies with recognizing the legitimate stamp of a CID, the CCIDC
provides the stamp below as a sample. It is also important to note that any stamp or seal
that indicates a designer is State Certified is illegal.
Sample of authorized stamp:
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§ 5804 Misuse of stamp and representation
It is an unfair business practice for any certified interior designer or any other person to advertise or put out
any sign or card or other device, including any stamp or seal, or to represent to the public through any print or
electronic media, that he or she is "state certified" to practice interior design, or to use any other words or
symbols that represent to the public that he or she is so certified.
As noted above, it is also considered an unfair business practice for anyone to call
themselves a Certified Interior Designer unless they comply with the applicable sections of
the B&P Code.
Complaints
For the most current certification information about a certified interior designer or to file a
complaint against a certified interior designer, please contact the CCIDC. It is best to
provide as much information about the complaint as possible when filing. If you have
questions regarding how to file a complaint, or the complaint process, you can contact
the CCIDC at [email protected] . In addition, you may write or call the CCIDC at:
CALIFORNIA COUNCIL FOR INTERIOR DESIGN CERTIFICATION
1605 Grand Avenue, Suite 4
San Marcos, CA 92078
(760) 761-4734 Phone
(760) 761-4736 Fax
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CERTIFIED ACCESS SPECIALIST
PRACTICE REQUIREMENTS
The Charge
It is the charge of DSA to not only provide overview of the design and construction of
elementary school and community colleges but they are also charged to develop and
maintain accessibility standards and codes utilized in public and private buildings. Section
4450 of the State of California Government Code, defines the charge of the State
Architect to ensure that buildings, structures, sidewalks, curbs and related facilities are
accessible and to establish consistency between the federal requirements and the model
codes as adopted by the California Building Standards Commission. The State Architect
may also establish additional requirements when deemed necessary provided that the
requirements are at least equivalent to, or greater than, the standards of accessibility or
usability as prescribed the Accessibility Guidelines as adopted by the Department of
Justice (DOJ) in the implementation of the Americans with Disabilities Act (ADA) of 1990.
§ 4450 Accessibility Charge and Responsibility
(a) It is the purpose of this chapter to ensure that all buildings, structures, sidewalks, curbs, and related
facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any
political subdivision of the state shall be accessible to and usable by persons with disabilities.
(b) The State Architect shall develop and submit proposed building standards to the California Building
Standards Commission for approval and adoption pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of Division 13 of the Health and Safety Code and shall develop other regulations for
making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons
with disabilities. The regulations and building standards relating to access for persons with disabilities
shall be consistent with the standards for buildings and structures that are contained in pertinent
provisions of the latest edition of the selected model code, as adopted by the California Building
Standards Commission, and these regulations and building standards shall contain additional
requirements relating to buildings, structures, sidewalks, curbs, and other related facilities the State
Architect determines are necessary to assure access and usability for persons with disabilities. In
developing and revising these additional requirements, the State Architect shall consult with the
Department of Rehabilitation, the League of California Cities, the California State Association of
Counties, and at least one private organization representing and comprised of persons with disabilities.
(c) In no case shall the State Architect's regulations and building standards prescribe a lesser standard of
accessibility or usability than provided by the Accessibility Guidelines prepared by the federal Access
Board as adopted by the United States Department of Justice to implement the Americans with
Disabilities Act of 1990 (Public Law 101-336).
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(d) On or before December 31, 2010, the Division of the State Architect shall prepare and submit to the
United States Department of Justice for certification proposed amendments to Part 2 of Title 24 of the
California Code of Regulations that would ensure California's building standards for disability access in
commercial occupancies are consistent with the federal regulations cited in subdivision (c).
In 2003, Senate Bill (SB) 262 gave the State Architect the authority to establish and
publicize a program for voluntary certification by the state of any person who meets
specified criteria as a certified access specialist. The State Architect is to set the minimum
criteria a person must meet for certification, which may include knowledge sufficient to
review, inspect, or advocate universal design requirements, completion of specified
training, and testing on standards governing access to buildings for persons with
disabilities.
Under SB 262, the State Architect is also to annually publish and make available to the
public a list of certified access specialists and provide that this certification is effective for 3
years and renewable.
SB 262 also provides the State Architect authority to require applicants for certification and
renewal of certification under this program to pay specified fees.
SB 262 chaptered the CASp program in California Code of Regulations, Title 21, Division 1,
Chapter 1, Sub-Chapter 2.5 and set forth the CASp program purpose in Section 111 below.
Since its recent adoption, the State Architect has certified 167 individuals as Certified
Access Specialists (i.e. CASp).
§ 111 Purpose of the Chapter
These regulations are adopted by the Division of the State Architect to implement and make specific the
voluntary Certified Access Specialist Program commencing with Section 4459.5 of the Government Code.
Participation in this program is voluntary and is designed to ensure that the individuals participating in this
certification program are knowledgeable of state and federal accessibility laws and regulations and possess
the expertise to promote access to facilities for persons with disabilities.
The Certified Access Specialist Program is designed to establish a certification process that
will put in place individuals who possess an understanding of accessibility requirements as
correct not only to code, but all legal requirements. The manner by which they
demonstrate such knowledge is through successful participation in the certification
process, which includes the passing CASp examination. This group of specialists include,
but is not limited to, design professionals, contractors, building officials, plans examiners,
inspectors, and others with an interest with accessibility.
As noted above, the State Architect is charged with developing and maintaining
accessibility standards and the CASp program. In maintaining the CASp program, DSA
may perform periodic audits of work performed by a CASp as deemed necessary to
ensure the desired standard of performance.
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The Work of a Certified Access Specialist
Services
Senate Bill 1608, which was signed into law by Governor Schwarznegger in 2008, provides
specificity and clarity as to the duties and performance of a CASp.
Under SB 1608, the activities of a Certified Access Specialist are defined in the State of
California Civil Code, Sections 55.51-55.54; more commonly known as the “ConstructionRelated Accessibility Standards Compliance Act” (CRASCA). According to the Act, the
CASp and the scope of his/her work are defined as follows:
§ 55.52. (a) Applicable Definitions
(3) "Certified access specialist" or "CASp" means any person who has been certified pursuant to Section
4459.5 of the Government Code.
(4) "CASp-inspected" means the site was inspected by a CASp and determined to meet all applicable
construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55.53.
(5) "CASp determination pending" means the site was inspected by a CASp and is pending a determination
by the CASp that the site meets applicable construction-related accessibility standards pursuant to
paragraph (2) of subdivision (a) of Section 55.53.
It is important to note from Subsections 4 and 5 above, that the CRASCA does not
consider the CASp inspection of construction-related accessibility standards to be
complete until it is determined by the CASp that the site meets the applicable accessibility
standards. Sites that have been inspected but that require corrective action are
considered as “CASp Determination Pending” until the necessary corrections have been
implemented.
The California Code of Regulations (CCR), Title 21, Division 1, Chapter 1, Subchapter 2.5,
Voluntary Certified Access Specialist Program further defines the scope of work for a
Certified Access Specialist as follows:
§ 113 CASp Scope of Work
Services rendered by a CASp, upon authorization by a facility owner and/or authorized requesting party, may
include the following:
(a) Review of facility plans and specifications for compliance with state and federal accessibility laws, codes
and regulations.
(b) Investigate a facility for compliance with state and federal accessibility codes and regulations.
(c) Conduct accessibility research, prepare accessibility reports, and/or conduct accessibility inspections, as
authorized.
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It should be highlighted by reviewers of this manual that in Subsections (a) and (b) above,
the requirements for a CASp are not limited to only those laws, codes and regulations
established at the state level but, also include, the applicable laws, codes and regulations
as adopted by the federal government.
Section 55.53 of the CRASCA portion of the Civil Code emphasizes that the CASp program
is voluntary and that choosing to not secure the services of a CASp in no way represents
that an individual is not in compliance with the law.
§ 55.53 (f) Voluntary Program Not Required for Compliance with Law
Nothing in this section or any other provision of law is intended to require a property owner or tenant to hire a
CASp. A property owner's or tenant's election not to hire a CASp shall not be admissible to prove that
person's lack of intent to comply with the law.
Exemptions to the Work
Although technically not an exemption to the law, it is important to note that certain
design professionals licensed and/or registered by the State may provide the same scope
of work as the CASp and as outline in Section 113 above. The caveat is, of course, that
the licensed / registered professional provides the service in accordance with the allowed
services of their respective license and/or registration. Given the fact that the State allows
for the performance of the identical duties by other professionals; it is extremely important
to note that the State does not allow the “automatic” certification of the design
professional as a “Certified Access Specialist” or the use of the title “CASp” without having
first been certified by the State. A licensed and/or registered individual wishing to hold
themselves out as a CASp must first complete the certification process which requires the
completing of the application, passing the CASp exam and payment of fees as noted
below.
§ 114 Work Limited to Design Professionals
Individual design professionals licensed and/or registered by the State of California as an architect,
landscape architect, civil engineer, and/or structural engineer may provide professional design services
permitted by their applicable license or registration. Their services may be inclusive of Section 113. CASp
Scope of work. However CASp certification requires completing the application process and obtaining a
passing score on the CASp examination, and after payment of all required fees.
What to Look For
In Section 55.53 of the “Construction-Related Accessibility Standards Compliance Act”
(CRASCA), the CASp must follow certain protocol in the process of their inspections. After
the initial inspection, the CASp is required to provide either a “Statement of Compliance”
or a written statement indicating that the site requires corrective actions (and the list of
the corrective actions required thereof) in order to comply with the construction-related
accessibility standards. The statements and notices required of the CASp are only
required to be provided to the requesting party, property owner and tenant. These
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statements and notices are not required to be provided to the local Enforcing Agency,
however, local Enforcing Agencies are allowed to rely upon the inspection when
provided. It is important to note that the CASp certification is only good until such time as
additions, alterations, repairs or other renovations are made to the building or facility that
alter compliance with the construction-related accessibility standards.
§ 55.53 CASp Certifications and Notices
(a) For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site,
comply with the following:
(1) For a CASp-inspected site, if the CASp determines the site meets all applicable construction-related
accessibility standards, the CASp shall provide a written inspection report to the requesting party
that includes both of the following:
(A) An identification and description of the inspected structures and areas of the site.
(B) A signed and dated statement of compliance that includes both of the following:
- A statement that, in the opinion of the CASp, the inspected structures and areas of the site
meet construction-related accessibility standards. The statement shall clearly indicate
whether the determination of the CASp includes an assessment of readily achievable
barrier removal.
- If corrections were made as a result of the CASp inspection, an itemized list of all
corrections and dates of completion.
(2) For a CASp determination pending site, if the CASp determines that corrections are needed to the
site in order for the site to meet all applicable construction-related accessibility standards, the CASp
shall provide a signed and dated written inspection report to the requesting party that includes all of
the following:
(A) An identification and description of the inspected structures and areas of the site.
(B) A statement that, in the opinion of the CASp, the inspected structures and areas of the site
need correction to meet construction-related accessibility standards. This statement shall
clearly indicate whether the determination of the CASp includes an assessment of readily
achievable barrier removal.
(C) An identification and description of the structures or areas of the site that need correction and
the correction needed.
(D) A schedule of completion for each of the corrections within a reasonable timeframe.
(b) For purposes of this section, in determining whether the site meets applicable construction-related
accessibility standards when there is a conflict or difference between a state and federal provision,
standard, or regulation, the state provision, standard, or regulation shall apply unless the federal
provision, standard, or regulation is more protective of accessibility rights.
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(c) Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the
inspection of the site, provide the building owner or tenant who requested the inspection with the
following notice, which the State Architect shall make available as a form on the State Architect's Internet
Web site:
NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY
OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A
CERTIFIED ACCESS SPECIALIST.
IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE
INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A STAY
(TEMPORARY STOPPAGE) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE.
IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED
TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE
SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE
PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS
SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND
INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE
OBTAINED AT http://www.courtinfo.ca.gov/selfhelp/.
YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS
CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND
OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE,
WHICH YOU MAY POST ON YOUR PROPERTY.
(3) The disability access inspection certificate may be posted on the premises of the place of public
accommodation, unless, following the date of inspection, the inspected site has been modified or
construction has commenced to modify the inspected site in a way that may impact compliance with
construction-related accessibility standards.
Other Requirements
Other requirements applying to the services or conditions appropriate to the CASp or the
responsible Enforcing Agency for the project are as follows:
Enforcing Agency Requirements
In accordance with Section 55.53 of the “Construction-Related Accessibility Standards
Compliance Act” (CRASCA), effective as of July 1, 2010, each local Enforcing Agency
shall either employ or contract the service of at least one CASp building inspector. The
CASp building inspector shall provide consultation to the Enforcing Agency, permit
applicants and the general public with respect to inspections of public accommodations
that relate to permitting, plan reviews and new construction. By January 1, 2014, the
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Enforcing Agency shall employ or retain the services of a sufficient number of CASp
building inspectors to conduct permitting and plan review services. Nothing in the Act
precludes a property owner or tenant from privately securing the services of an
independent CASp.
§ 55.53 (d) Enforcing Agency Requirement to Provide Service
(1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a
certified access specialist. The certified access specialist shall provide consultation to the local agency,
permit applicants, and members of the public on compliance with state construction-related accessibility
standards with respect to inspections of a place of public accommodation that relate to permitting, plan
checks, or new construction, including, but not limited to, inspections relating to tenant improvements
that may impact access. If a local agency employs or retains two or more certified access specialists to
comply with this subdivision, at least one-half of the certified access specialists shall be building
inspectors who are certified access specialists.
(2) Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building
inspectors who are certified access specialists to conduct permitting and plan check services to review
for compliance with state construction-related accessibility standards by a place of public
accommodation with respect to new construction, including, but not limited to, projects relating to tenant
improvements that may impact access. If a local agency employs or retains two or more certified access
specialists to comply with this subdivision, at least one-half of the certified access specialists shall be
building inspectors who are certified access specialists.
(3) If a permit applicant or member of the public requests consultation from a certified access specialist, the
local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be
provided upon request in advance of the consultation. A local government may additionally charge or
increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of
complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase
under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A
CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist
shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private
CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal
interest in the property from retaining a private CASp at any time.
In accordance with Section 18949.29 of the State of California Health & Safety (H&S)
Code, local Enforcing Agencies shall provide all construction inspectors, plans examiners
and building officials with a minimum of 45 hours of continuing education for every threeyear period of employment. At least 8 of the 45 hours are required to relate to disability
access.
§ 18949.29 Continuing Education Requirements
(a) All construction inspectors, plans examiners, and building officials shall complete a minimum of 45 hours
of continuing education for every three-year period, with at least eight hours regarding disability access
requirements pursuant to subdivision (d). A local government may charge or increase inspection fees to
the extent necessary to offset any added costs incurred in complying with this section.
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(b) Providers of continuing education may include any organizations affiliated with the code enforcement
profession, community colleges, or other providers of similar quality, as determined by the local agency.
(c) For purposes of this section, "continuing education" is defined as that education relating to the
enforcement of Title 24 of the California Code of Regulations, and any other locally enforced building and
construction standards, including, but not limited to, the model uniform codes adopted by the state. When
a local agency selects a model code organization as a provider of continuing education or certification
programs regarding the enforcement of a model code adopted by the state, the local agency shall give
preference to the organization responsible for promulgating or drafting that model code.
(d) Continuing education regarding disability access requirements shall include information and practical
guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law
101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal
and state regulations adopted pursuant to those laws. Continuing education provided pursuant to this
subdivision shall be presented by trainers or educators with knowledge and expertise in these
requirements.
Applicability of the Law
In accordance with Section 4451 of the Government Code, the applicability of the law
extends to the project types as follows:
§ 4451 Applicability to Projects
(a) Except as otherwise provided in this section, this chapter shall be limited in its application to all buildings
and facilities stated in Section 4450 intended for use by the public, with any reasonable availability to, or
usage by, persons with disabilities, including all facilities used for education and instruction, including the
University of California, the California State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any
political subdivision of the state.
(b) When required by federal or state law, buildings, structures, and facilities, or portions thereof, that are
leased, rented, contracted, sublet, or hired by any municipal, county, or state division of government, or
special district shall be made accessible to, and usable by, persons with disabilities.
(c) Except as otherwise provided by law, buildings, structures, sidewalks, curbs, and related facilities subject
to the provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health
and Safety Code shall conform to the building standards published in the California Building Standards
Code relating to access for persons with disabilities and the other regulations adopted pursuant to
Section 4450 that are in effect on the date of an application for a building permit. With respect to
buildings, structures, sidewalks, curbs, and related facilities not requiring a building permit, building
standards published in the California Building Standards Code relating to access for persons with
disabilities and other regulations adopted pursuant to Section 4450, and in effect at the time construction
is commenced shall be applicable.
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(d) Until building standards are published in the California Building Standards Code and other regulations
are developed by the State Architect and adopted by the California Building Standards Commission
pursuant to Section 4450, buildings, structures, sidewalks, curbs, and related facilities subject to the
provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and
Safety Code shall meet or exceed the requirements of Title III of Subpart D of the federal Americans with
Disabilities Act of 1990.
(e) This chapter shall apply to temporary or emergency construction as well as permanent buildings.
(f) Administrative authorities, as designated under Section 4453, may grant exceptions from the literal
requirements of the building standards published in the California Building Standards Code relating to
access for persons with disabilities, or the other regulations adopted pursuant to this section, or permit
the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and
protection that meets or exceeds the requirements under federal law are thereby secured.
(g) The Department of General Services shall develop, as appropriate, regulations to ensure that Braille,
tactile, or visual signage for elevators, rooms, spaces, functions, and directional information is installed
as required by Section 4450 and shall develop and implement an effective training program to ensure
compliance with all disability access requirements.
Time Limit for Code Compliance
The Government Code requires that unauthorized work not in compliance with the code
shall be corrected within 90 days after discovery of the violation.
§ 4452 Correction of Unauthorized Deviations from Code
It is the intent of the Legislature that the building standards published in the State Building Standards Code
relating to access by the physically handicapped and the other regulations adopted by the State Architect
pursuant to Section 4450 shall be used as minimum requirements to insure that buildings, structures and
related facilities covered by this chapter are accessible to, and functional for, the physically handicapped to,
through, and within their doors, without loss of function, space, or facility where the general public is
concerned.
Any unauthorized deviation from such regulations or building standards shall be rectified by full compliance
within 90 days after discovery of the deviation.
Enforcement by Local Enforcing Agencies
The local Enforcing Agency shall be responsible for enforcement of the Government Code
when local funds are used in the construction of a project.
§ 4453 Enforcement of Chapter
The responsibility for enforcement of this chapter shall be as follows:
(a) By the Director of the Department of General Services where state funds are utilized for any project or
where funds of counties, municipalities, or other political subdivisions are utilized for the construction of
elementary, secondary, or community college projects.
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(b) By the governing bodies thereof where funds of counties, municipalities, or other political subdivisions
are utilized except as otherwise provided in (a) above.
DSA / Other Inspection and Plan Review
The Government Code allows for inspection of State and school district building used by
the public by the State Architect’s Office, by one or more persons who have physical
disabilities or by qualified persons who represent the represent the interests of the disabled
community.
§ 4453.5 Inspections of State and School District Buildings
(a) In addition to any other inspection requirements pertaining to building standards of state and school
district buildings used by the public, the construction of which are under the jurisdiction of the Office of
the State Architect in the Department of General Services, accessibility to persons with handicaps may
be inspected pursuant to subdivision (b) in state and school district buildings used by the public in order
to determine if the building meets minimum state standards for accessibility to handicapped persons.
(b) Inspection and approval may be made on a voluntary basis by one or more persons who have physical
disabilities or who represent the interests of physically disabled persons, who are familiar with the
California access laws and standards, and who have been chosen by the Department of Rehabilitation.
The Department of Rehabilitation may assign these volunteers to inspect those state and school district
buildings used by the public specified in subdivision (a). If the volunteer inspector finds that a building
does not meet minimum state standards for accessibility to handicapped persons, the volunteer shall
report this information to the Department of Rehabilitation, which shall in turn report the information to the
school district if a school building is involved, to the owning agencies if a state building is involved, and to
the Office of the State Architect. When, after receipt of this information, the Office of the State Architect
confirms that the building does not meet minimal state standards for accessibility to handicapped
persons, the Office of the State Architect shall develop a plan to be filed with the jurisdiction owning the
building that addresses the correction of the identified deficiencies.
(c) The provisions of this section shall only pertain to state and school district buildings used by the public
for which building plans have been filed with the Office of the State Architect on or after January 1, 1985.
The Division of the State Architect shall be responsible for first approving the plans and
specifications for projects involving state-funding sources (for any portion thereof) or
where local or district funds are used for the construction of elementary and secondary
schools and community colleges.
§ 4454 DSA Compliance Review and Approval
(a) Where state funds are utilized for any building or facility subject to this chapter, or where funds of
counties, municipalities, or other political subdivisions are utilized for the construction of elementary
school, secondary school, or community college buildings and facilities subject to this chapter, no
contract shall be awarded until the Department of General Services has issued written approval stating
that the plans and specifications comply with the intent of this chapter.
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(b) Notwithstanding subdivision (a), for all transportation facilities, other than rail or transit stations, located
within state highway rights-of-way, the Department of Transportation is authorized to issue the required
written approval stating that the plans and specifications comply with intent of this chapter. If the
Department of General Services, Division of the State Architect, establishes a certified access specialist
program, as described in Section 4459.5, specific to standards governing access to transportation
facilities, the Department of Transportation shall within 180 days of establishment of the program begin
using engineers certified through that program to verify that the Department of Transportation's
standards, guidelines, and design exceptions comply with the intent of this chapter.
(c) In each case the application for approval shall be accompanied by the plans and full, complete, and
accurate specifications, which shall comply in every respect with any and all requirements prescribed by
the Department of General Services.
(d) Except for facilities located within state highway rights-of-way, other than rail or transit stations, the
application shall be accompanied by a filing fee in amounts as determined by the Department of General
Services. All fees shall be deposited into the Access for Handicapped Account, which is hereby renamed
the Disability Access Account as of July 1, 2001, and established in the General Fund. Notwithstanding
Section 13340, the account is continuously appropriated for expenditures for the use of the Department
of General Services, in carrying out the department's responsibilities under this chapter.
(e) The Department of General Services shall consult with the Department of Rehabilitation in identifying the
requirements necessary to comply with this chapter.
(f) The Department of General Services, Division of the State Architect, shall include the cost of carrying out
the responsibilities identified in this chapter as part of the plan review costs in determining fees.
State-Level Educational Program
The Department of Rehabilitation is responsible to provide education to the public,
building and other government officials, professional designers and planners and others in
providing buildings and facilities that are accessible to and usable by disabled persons.
Building Officials should contact this department as well as the State Architect for
information concerning accessible project requirements.
§ 4455 Responsibility for Education
The Department of Rehabilitation shall be responsible for educating the public and working with officials of
cities, counties, municipalities, and other political subdivisions, private architects, designers, planners, and
other interested parties in order to encourage and help them make all buildings, facilities, and improved areas
accessible to and usable by handicapped persons for purposes of rehabilitation, employment, business,
recreation, and all other aspects of normal living.
Additional Construction-Related Accessibility Requirements
New elevators constructed in public buildings or facilities shall be marked with both Braille
and Arabic designations on both the elevator buttons and the door casings in
conformance with the Government Code requirements.
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§ 4455.5 Public Elevators
All new elevators in public buildings or facilities after the operative date of the act that amended this section
during the first year of the 1979-80 Regular Session shall have Braille symbols and marked Arabic numerals
corresponding to the numerals on the elevator buttons embossed immediately to the left thereof. All new
door casings on all elevator floors after the operative date of this section shall have the number of the floor on
which the casing is located embossed in Braille symbols and marked Arabic numerals on both sides at a
height of approximately 60 inches from the floor.
Existing portions of buildings that were constructed prior to November 13, 1968, shall
comply with the provisions of the Government Code when alterations, structural repairs or
additions are made to the building or facility.
§ 4456 Existing Buildings
After the effective date of this section, any building or facility which would have been subject to this chapter
but for the fact it was constructed prior to November 13, 1968, shall comply with the provisions of this chapter
when alterations, structural repairs or additions are made to such building or facility. This requirement shall
only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean
that the entire structure or facility is subject to this chapter.
Complaints
For the most current certification information about a certified access specialist or to file a
complaint against a certified access specialist, please contact the Division of the State
Architect. It is best to provide as much information about the complaint as possible when
filing. If you have questions regarding how to file a complaint, or the complaint process,
you can contact DSA at [email protected] . In addition, you may write or call the
DSA at:
DIVISION OF THE STATE ARCHITECT
CASprogram
1102 Q Street, Suite 5100
Sacramento, CA 95811
(916) 445-8100 Phone
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PART III:
RELATED PLAN
REQUIREMENTS
105
106
CONSTRUCTION DOCUMENTS
General Requirements
Document Submittal
In accordance with the provisions of the California Building Code, Building Officials are
authorized to require a complete set of construction documents for projects that require a
permit. For convenience, reprinted below are the specific submittal requirements from
Appendix Chapter 1 – Administration.
106.1 Submittal documents
Construction documents, statement of special inspections and other data shall be submitted in one or more
sets with each permit application. The construction documents shall be prepared by a registered design
professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where
special conditions exist, the building official is authorized to require additional construction documents to be
prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other
data not required to be prepared by a registered design professional if it is found that the nature of the work
applied for is such that review of construction documents is not necessary to obtain compliance with this code.
106.1.1 Information on construction documents
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents
are permitted to be submitted when approved by the building official. Construction documents shall be of
sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by
the building official.
106.1.2 Means of egress
The construction documents shall show in sufficient detail the location, construction, size and character of all
portions of the means of egress in compliance with the provisions of this code. In other than occupancies in
Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
106.1.3 Exterior wall envelope
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to
determine compliance with this code. The construction documents shall provide details of the exterior wall
envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control
joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details
around openings.
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The construction documents shall include manufacturer’s installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully
describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
106.2 Site plan
The construction documents submitted with the application for permit shall be accompanied by a site plan
showing to scale the size and location of new construction and existing structures on the site, distances from
lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard
areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary
line survey. In the case of demolition, the site plan shall show construction to be demolished and the location
and size of existing structures and construction that are to remain on the site or plot. The building official is
authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or
repair or when otherwise warranted.
Plan Review and Approval
The California Building Code charges the Building Official with the responsibility to
review the construction documents prepared for a project for conformity with the
code requirements. It is noted that should an error in the construction documents
be made, that the review shall not be construed as tacit approval to violate any
provisions of the code. Any deferred submittals or, changes or modifications to the
construction documents may further require resubmittal of revised construction
documents for a compliance evaluation of the submittals or changes.
106.3 Examination of documents
The building official shall examine or cause to be examined the accompanying construction documents and
shall ascertain by such examinations whether the construction indicated and described is in accordance with
the requirements of this code and other pertinent laws or ordinances.
106.3.1 Approval of construction documents
When the building official issues a permit, the construction documents shall be approved, in writing or by
stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be
retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of
work and shall be open to inspection by the building official or a duly authorized representative.
106.3.2 Previous approvals
This code shall not require changes in the construction documents, construction or designated occupancy of
a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the
construction of which has been pursued in good faith within 180 days after the effective date of this code and
has not been abandoned.
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106.3.3 Phased approval
The building official is authorized to issue a permit for the construction of foundations or any other part of a
building or structure before the construction documents for the whole building or structure have been
submitted, provided that adequate information and detailed statements have been filed complying with
pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building
or structure shall proceed at the holder’s own risk with the building operation and without assurance that a
permit for the entire structure will be granted.
106.3.4.1 Design professional in responsible charge - General
When it is required that documents be prepared by a registered design professional, the building official shall
be authorized to require the owner to engage and designate on the building permit application a registered
design professional who shall act as the registered design professional in responsible charge. If the
circumstances require, the owner shall designate a substitute registered design professional in responsible
charge who shall perform the duties required of the original registered design professional in responsible
charge. The building official shall be notified in writing by the owner if the registered design professional in
responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating
submittal documents prepared by others, including phased and deferred submittal items, for compatibility
with the design of the building.
Where structural observation is required by Section 1709, the statement of special inspections shall name
the individual or firms who are to perform structural observation and describe the stages of construction at
which structural observation is to occur (see also duties specified in Section 1704).
106.3.4.2 Deferred submittals.
For the purposes of this section, deferred submittals are defined as those portions of the design that are not
submitted at the time of the application and that are to be submitted to the building official within a specified
period.
Deferral of any submittal items shall have the prior approval of the building official. The registered design
professional in responsible charge shall list the deferred submittals on the construction documents for review
by the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the building official with a notation indicating
that the deferred submittal documents have been reviewed and been found to be in general conformance to
the design of the building. The deferred submittal items shall not be installed until the design and submittal
documents have been approved by the building official. [OSHPD 1, 2 & 4] Deterred submittals shall be in
accordance with Title 24, Part 1, Chapter 7, Section 7-126.
106.4 Amended construction documents.
Work shall be installed in accordance with the approved construction documents, and any changes made
during construction that are not in compliance with the approved construction documents shall be
resubmitted for approval as an amended set of construction documents. [OSHPD 1, 2 & 4] Change orders
shall be in accordance with Title 24, Part 1, Chapter 7, Section 7-153.
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Plan Retention
As a matter of public record, the Health and Safety Code (reprinted in the General Code
Provisions section of the California Building Code) instructs Enforcing Agencies to retain the
construction plans for the life of every type of building with the few exceptions for limited
residential-type (except common interest properties), farm or ranch, and single-story,
short-span building as noted on the page following. The retained copies must be in
microfilm or other photographic format that allow for reproduction. Archivists for some
jurisdictions will argue that it does not meet the full intent of the law to provide for e-copies
only so be sure to check your local policies before requesting or accepting an
unacceptable format. The H&S Code states:
§ 19850 Plan retention
The building department of every city or county shall maintain an official copy, which may be on microfilm or
other type of photographic copy, of the plans of every building, during the life of the building, for which the
department issued a building permit. "Building department" means the department, bureau, or officer
charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of
buildings. Except for plans of a common interest development as defined in Section 1351 of the Civil Code,
plans need not be filed for:
(a) Single or multiple dwellings not more than two stories and basement in height.
(b) Garages and other structures appurtenant to buildings described under subdivision (a).
(c) Farm or ranch buildings.
(d) Any one-story building where the span between bearing walls does not exceed 25 feet. The exemption
in this subdivision does not, however, apply to a steel frame or concrete building.
The 2007 California Building Code provides additional plan retention requirements when
plans are not required to be retained on a life-long basis as noted in the Health and Safety
Code section above.
§ 106.5 Retention of construction documents.
One set of approved construction documents shall be retained by the building official for a period of not less
than 180 days from date of completion of the permitted work, or as required by state or local laws.
Copy or Release of Plans
Enforcing Agencies are frequently asked to provide copies of plans for projects that were
often constructed many years ago. Enforcing Agencies must make the plans and records
held in their possession available for public review and inspection. It is important to note
that for proper control of the plans and documents that the review may only be
conducted at the building department. When requested, plans, or portions of the plans,
may not be copied unless the following criteria and conditions have been satisfied.
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§ 19851 Copy write protection
(a) The official copy of the plans maintained by the building department of the city or county provided for
under Section 19850 shall be open for inspection only on the premises of the building department as a
public record. The copy may not be duplicated in whole or in part except:
(1) With the written permission, which permission shall not be unreasonably withheld as specified in
subdivision (f), of the certified, licensed or registered professional or his or her successor, if any,
who signed the original documents and the written permission of the original or current owner of the
building, or, if the building is part of a common interest development, with the written permission of
the board of directors or governing body of the association established to manage the common
interest development, or
(2) By order of a proper court or upon the request of any state agency.
(b) Any building department of a city or county, which is requested to duplicate the official copy of the plans
maintained by the building department, shall request written permission to do so from the certified,
licensed, or registered professional, or his or her successor, if any, who signed the original documents
and from:
(1) The original or current owner of the building, or
(2) If the building is part of a common interest development, from the board of directors or other
governing body of the association established to manage the common interest development.
(c) The building department shall also furnish the form of an affidavit to be completed and signed by the
person requesting to duplicate the official copy of the plans, which contains provisions stating all of the
following:
(1) That the copy of the plans shall only be used for the maintenance, operation, and use of the
building.
(2) That drawings are instruments of professional service and are incomplete without the interpretation
of the certified, licensed, or registered professional of record.
(3) That subdivision (a) of Section 5536.25 of the Business and Professions Code states that a licensed
architect who signs plans, specifications, reports, or documents shall not be responsible for damage
caused by subsequent changes to, or use 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 by the licensed architect who originally
signed the plans, specifications, reports, or documents, provided that the architectural service
rendered by the architect who signed the plans, specifications, reports, or documents was not also a
proximate cause of the damage.
(d) The request by the building department to a licensed, registered, or certified professional may be made
by the building department sending a registered or certified letter to the licensed, registered, or certified
professional requesting his or her permission to duplicate the official copy of the plans and sending with
the registered or certified letter, a copy of the affidavit furnished by the building department which has
been completed and signed by the person requesting to duplicate the official copy of the plans. The
registered or certified letters shall be sent by the building department to the most recent address of the
licensed, registered, or certified professional available from the California State Board of Architectural
Examiners.
(e) The governing body of the city or county may establish a fee to be paid by any person who requests the
building department of the city or county to duplicate the official copy of any plans pursuant to this
section, in an amount which it determines is reasonably necessary to cover the costs of the building
department pursuant to this section.
111
(f) The certified, licensed, or registered professional's refusal to permit the duplication of the plans is
unreasonable if, upon request from the building department, the professional does either of the following:
(1) Fails to respond to the local building department within 30 days of receipt by the professional of the
request. However, if the building department determines that professional is unavailable to respond
within 30 days of receipt of the request due to serious illness, travel, or other extenuating
circumstances, the time period shall be extended by the building department to allow the
professional adequate time to respond, as determined to be appropriate to the individual
circumstance, but not to exceed 60 days.
(2) Refuses to give his or her permission for the duplication of the plans after receiving the signed
affidavit and registered or certified letter specified in subdivisions (c) and (d).
It is important to note in subsection (f) above, that if a design professional refuses to grant
the permission or fails to respond to the request within 30 days of receipt of the request to
duplicate the plans, the Enforcing Agency my override that refusal or non-response if they
deem the refusal to be unreasonable.
Due to security issues, Enforcing Agencies shall not provide access to inspection or allow
copies to be made of the plans for banks, financial institutions or public utility buildings:
§ 19853 Prohibited plan inspection
This chapter shall not apply to any building containing a bank, other financial institution, or public utility.
Additional requirements for the release of plans are discussed under the Good Samaritan
Laws section for Architectural Practice Requirements.
Enforcing Agencies may charge a fee to maintain an official copy of the plans provided
the fee does not exceed an amount reasonably required to maintain the copy.
§ 19852 Fees for copies
The governing body of a county or city, including a charter city, may prescribe such fees as will pay the
expenses incurred by the building department of such city or county in maintaining the official copy of the
plans of buildings for which it has issued a building permit, but the fees shall not exceed the amount
reasonably required by the building department in maintaining the official copy of the plans of buildings for
which it has issued a building permit. The fees shall be imposed pursuant to Section 66016 of the
Government Code.
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ACKNOWLEDGEMENTS & CONTACTS
CALBO Board Members
Dan Pavao
Rick Renfro
Jay Salazar
Stephan Kiefer
David Khorram
Bob Latz
Bill Nagel
Craig Oliver
Raj Patel
Matthew Wheeler
President
First Vice-President
Second Vice-President
Immediate Past-President
Director
Director
Director
Director
Director
Executive Director
City of El Cajon
City of Elk Grove
City of Vacaville
City of Livermore
City of Orange
City of Oakdale
City of Redding
City of Marina
County of Los Angeles
CALBO State License Board Committee Members
Pete Guisasola
Brian Lee
Dan Chudy
Bill Kelley
John Kuehl
Bob Latz
Jim Miller
Craig Oliver
Paige Vaughan
Rick Renfro
Committee Chair
Vice-Chair
Member
Member
Member
Member
Member
Member
Member
CALBO Liaison
City of Rocklin
City of Whittier
City of Riverside
City of Marin
City of Monterey
City of Oakdale
City of Big Bear Lake / CSLB
City of Marina
City of La Puente
City of Elk Grove
State License Board Liaisons to the CALBO Committee
Doug McCauley
Bob Carter
David Brown
Steve Sands
Mike Brown
Jim Miller
Executive Officer
Architect Consultant
Executive Officer
Executive Officer
Chief of Legislation
Past Board Chair
115
California Architects Board
California Architects Board
PELS Board
Contractors State License Board
Contractors State License Board
Contractors State License Board
State Boards and Divisions
Board for Professional Engineers and Land Surveyors
2535 Capitol Oaks Drive, Suite 300
Sacramento, California, 95833-2944
Phone: (916) 263-2222
(866) 780-5370 Toll Free
Fax:
(916) 263-2246
http://www.pels.ca.gov/
California Architects Board
2420 Del Paso Road, Suite 105
Sacramento, CA 95834
Phone: (916) 574-7220
Fax:
(916) 575-7283
http://www.cab.ca.gov/
Contractors State License Board
9821 Business Park Drive
Sacramento, CA 95827
Phone: 1-800-321-CSLB (2752)
Fax:
(916) 255-4535
http://www.cslb.ca.gov/
Division of the State Architect
1102 Q Street, Suite 5100
Sacramento, CA 95811
Phone: (916) 445-8100
http://www.dsa.dgs.ca.gov/
Landscape Architects Technical Committee
2420 Del Paso Road, Suite 105
Sacramento, CA 95834
Phone: (916) 575-7230
Fax:
(916) 575-7285
http://www.latc.ca.gov/
116
Professional Organizations
California Building Officials
1225 Eighth Street, Suite 425
Sacramento, CA 95814
Phone: (916) 457-1103
Fax:
(916) 442-3216
http://www.calbo.org/
California Council for Interior Design Certification, Inc.
1605 Grand Avenue, Suite 4
San Marcos, CA 92078
Phone: (760) 761-4734
Fax:
(760) 761-4736
http://www.ccidc.org/
International Code Council
Los Angeles District Office
5360 Workman Mill Road
Whittier, CA 90601-2298
Phone: 1-888-ICC-SAFE (422-7233)
Fax: (661) 834-7477
http://www.iccsafe.org/
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118
THANK YOU TO:
The agencies and organizations below that have assisted with the
review of this document and that have allowed of portions of this
document to be re-printed with their permission:
The California Department of Consumer Affairs:
Board for Professional Engineers and Land Surveyors
California Architects Board
Contractors State License Board
Landscape Architects Technical Committee
The California Department of General Services
Division of the State Architect
The International Code Council
The California Council for Interior Design Certification
SPECIAL THANK YOU!
“A special thank you is given to
Mr. Brian Lee.
Brian is the Building Official for the
City of Whittier, California and,
he serves as a
CALBO Training Institute Commissioner.
For his significant contributions
to the industry and to the
authorship of this work, I thank you!”
Matthew Wheeler
CALBO Executive Director
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