Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Architecture of the United States wikipedia , lookup
Registration of architects in the United Kingdom wikipedia , lookup
National Electrical Code wikipedia , lookup
Architect-led design–build wikipedia , lookup
Specification (technical standard) wikipedia , lookup
Construction management wikipedia , lookup
Building regulations in the United Kingdom wikipedia , lookup
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. 11 § 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. 12 § 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. 13 § 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 14 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. 15 106.4 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. 16 (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. 18 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: 19 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. 20 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 21 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: 22 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. 23 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: 24 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. 25 (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. 26 § 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. 27 28 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: 29 § 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. 30 (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. 31 § 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. 32 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. 33 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. 34 (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. 35 § 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. 36 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 37 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. 38 § 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. 39 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. 40 § 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 41 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. 42 § 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. 43 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." 44 § 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. 45 (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. 46 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). 47 (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. 48 § 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. 49 § 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." 50 (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. ___________________ 51 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. 52 § 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. 53 (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. 54 § 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: 55 § 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 56 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. 57 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: 58 § 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. 59 60 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. 61 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. 62 (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. 63 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. 64 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. 65 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. 66 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. 67 (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. 68 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. 69 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. 70 (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. 71 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. 72 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. 73 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). 74 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) 75 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. 76 (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. 77 (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 78 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: 79 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. 80 ____ 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). 81 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. 82 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’ 83 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 84 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. 85 86 PART II: THE PRACTICE AND REGULATION OF CERTIFIED SPECIALISTS 87 88 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. 89 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. 90 § 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: 91 § 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 92 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). 93 (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. 94 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. 95 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 96 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. 97 (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 98 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. 99 (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. 100 (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. 101 (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. 102 (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. 103 § 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 104 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. 107 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. 108 106.3.3 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. 109 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. 110 § 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. 112 113 114 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/ 117 118 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 119 Notes: ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ 120 Notes: ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ 121 Notes: ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ 122 123