C2A-KS20

Question 1

The architects practice act consists of 3 codes:

Answer 1

1. Business and profession
2. Corporation code
3. CA code of regulations

Question 2

Article 1. General Provisions

a. Section 5500 — Architect Defined

Answer 2

The definition of an Architect is a person who is licensed to practice architecture in the State of California under the authority of the Architects Practice Act

Question 3

b. Section 5500.1 — Practice of Architecture Defined

Answer 3

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

Question 4

Architects’ professional services may include any or all of the following;

Answer 4

• Investigation, evaluation, consultation, and advise
• Planning, schematic and preliminary studies, designs, working drawings, and specifications
• Coordination of the work of technical and special consultants
• Compliance with generally applicable codes and regulations, and assistance in the governmental review process
• Technical assistance in the preparation of bid documents and agreements between clients and contractors
• Contract administration
• Construction observation

Question 5

Section 5510 — Existence of Architects Board

Answer 5

The California Architects Board is a division of the Department of Consumer Affairs

Question 6

Section 5510.1 — Legislature Mandate of the Board

Answer 6

Purpose — regulate the practice of architecture to protect the health, safety, and welfare
of the public.

The Board shall establish the minimum professional qualifications and performance
standards for admission to and practice of the profession of architecture

Question 7

Section 5510.15 — Priority of Board; Protection of the Public

Answer 7

Protection of the public shall be the highest priority of the California Architects Board in
exercising its licensing, regulatory, and disciplinary functions

Question 8

Section 5510.15 – Person Defined

Answer 8

“Person” includes any individual, firm, partnership, general corporation, professional
corporation, or limited liability partnership, as authorized by the Corporations Code.

Question 9

Section 5535.1 — Responsible Control Defined

Answer 9

The phrase “responsible control” means the amount of control over the content of all
architectural instruments of service during their preparation that is ordinarily exercised
by architects applying the professional standard of care.
Responsible Control is a VERY important concept to understand

-An architect cannot stamp and sign documents that were not produced under
his/her responsible control

-The definition of responsible control was expanded to cover ALL architectural instruments in January 2008 (the definition previously referenced “technical submissions”). See California Architects Board Newsletter Winter 2008 Page 8.

Question 10

True or False. Responsible control does not mean architectural services need to be produced in the
architect’s office.

Answer 10

True

As long as the architect is maintaining responsible control, drawings can
be produced in another part of the world (outsourced). See California Architects Board
Newsletter, Sprine 2007, Page 5 for a further explanation (also notice, the article
references “technical submissions” as this was before January 2008).

Question 11

If a client comes to you and requests you to stamp a set of drawings produced by another architect, how should a respond?

Answer 11

Since the drawings are not produced under my responsible control, I cannot stamp and seal drawings.

Question 12

Section 5535.2 - Partnerships with Non-Architects

Answer 12

Architects are allowed to form a business entity or collaborate with unlicensed individuals
provided that professional services are rendered under the responsible control of an
architect

Question 13

Section 5535.3 — Corporation Responsible Control

Answer 13

• A corporation can provide architectural services as long as professional services are provided under the responsible control of a licensed architect

Question 14

Section 5536 — Practice Without License or Holding Self Out as Architect; Misdemeanor

Answer 14

• Misdemeanor punishable by a fine of not less than $100 or more than $5000 or by imprisonment in a county jail not exceeding 1 year or both

Misdemeanor punishable by above, for any person who is not licensed to practice architecture to affix a stamp or seal which bears the legend “State of California” or words
or symbols that represent or imply that person is so licensed by the state to prepare plans, specifications, or instruments of service

Question 15

Section 5536.1 — Signature and Stamp on Plans and Documents

Answer 15

• 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, to
those plans, specifications, and instruments of service, as evidence of the person’s responsibility for those documents.

IMPORTANT: This includes stamping and signing even those types of structures unlicensed individuals are allowed to design as clarified by the

California Architects Board Newsletter, Spring 2007, Page 7, “This requirement applies to all types of projects since it addresses a responsibility imposed on the architect, not on the project”

Question 16

• 5 Items required to be on an Architect’s Stamp

Answer 16

Name of Architect

License Number

Renewal Date (Renew every two years, don’t confuse with expiration date)

State of California

Licensed Architect

Question 17

Section 5536.2 — Statement of Licensure

Answer 17

• Each county or city which requireslthe issuance of any permit as a condition precedent to the construction, alteration, improvement, or repair of any building or 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 signing and stamping satisfies this)

• 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.

Question 18

Section 5536.25 — Liability; Damages Caused by Subsequent, Unauthorized, or Unapproved
Changes or Uses of Plans, Specifications, Reports or Documents;

Answer 18

A licensed architect who signs and stamps plans, specifications, reports, or documents,
shall not be responsible for unauthorized changes as long as authorization or approval was not unreasonably withheld.

Signing and stamping of plans, specifications, reports, or documents, shall not impose a legal duty to observe the construction of fixed works.

Question 19

Section 5536.26 — Use of Certify or Certification by Licensed Architect

Answer 19

The use of the words or “certification” by a licensed architect in the practice of architecture constitutes an expression of professional opinion regarding those facts or findings that are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. Nothing in this section is intended to alter the standard of care ordinarily exercised by a licensed architect.

Question 20

Section 5536.27 Liability; Building Inspections

Answer 20

• Architects who perform voluntary building inspection at the site of an emergency at the
request of a local official shall not be liable in negligence for any damage caused by good
faith but negligent inspection (only within 30 days of emergency)

Question 21

Standard of Care

Answer 21

Although not defined in the Architects Practice Act (but mentioned), Standard of Care is a very important concept to understand. The Architects Handbook of Professional Practice, 13m edition, defined Standard of Care as;

“The architectis required to do what a reasonably prudent architect would do in the same community and in the same timeframe, given the same or similar facts or
circumstances.”

Operating with a level of standard of care is common terminology in numerous professions and is usually referenced in various court cases when the court is trying to determine if someone acted within the expected level of “standard of care” , that in which
another professional would have acted in a similar fashion, given the same set of circumstances

Question 22

The interior designer has asked you to show all of their furnishings and fittings on the drawings. The interior designer is not part of your project team. What do you say?

Answer 22

You would inform the interior designer that those drawings are not produced under my responsible control, therefore I cannot show all the furnishings and fittings on my drawings.

You can give the interior designer a background set of drawings so that the interior designer can produce his or her own set of documents.

Question 23

Construction Observation Services

Answer 23

“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.

Question 24

ARCHITECTS May design

Answer 24

any building of any type except:

structural portion of a hospital

Question 25

UNLICENSED PERSONS

May design the following:

Answer 25

· Single-family dwellings of woodframe construction not more than two stories and basement in height.

· Multiple dwellings containing not more than four dwelling units of wood frame construction not more than two stories and basement in height. No more than four dwelling units per lot.

· Garages or other structures appurtenant to single-family dwelling, of wood frame construction not more than two stories and basement in height.

· Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.

· Nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment, including nonstructural or nonseismic work necessary to provide for their installation.

Question 26

UNLICENSED PERSONS

May not design:

Answer 26

· Any component that changes or affects the safety of any building,including but not limited to structural or seismic components.

Question 27

CIVIL ENGINEERS

May design any building of any type except:

Answer 27

• hospitals

- schools

Question 28

STRUCTURAL ENGINEERS

May design

Answer 28

any building of any type:

no limitations

Question 29

Section 5536.1 — Signature and Stamp on Plans and Documents

True or False

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, to those plans, specifications, and instruments of service, as evidence of the person’s responsibility for those documents. This includes stamping and signing even those types of structures unlicensed individuals are allowed to design as clarified by the

Answer 29

True

IMPORTANT: This includes stamping and signing even
those types of structures unlicensed individuals are allowed to design as clarified by the California Architects Board Newsletter, Spring 2007, Page 7, “This requirement applies to all types of projects since it addresses a responsibility imposed on the architect, not on the
project”

Question 30

Field Act was made because of what event

Answer 30

In 1933 the lateral force resistant design of public schools, as well as other buildings throughout the state, was based on estimated wind loads. Engineers assumed that buildings designed to withstand wind forces would also be able to withstand earthquake forces. The magnitude 6.3 Long Beach Earthquake of March 10, 1933 destroyed 70 schools and another 120 schools suffered major structural damage. Luckily, the earthquake occurred when the buildings were unoccupied. Hundreds of children might have perished if the earthquake had occurred only a few hours earlier.

Question 31

The Field Act is governed under the

Answer 31

Education Code, Section 17280, 17365, & 81130)

Question 32

The purpose of the Field Act:

Answer 32

Purpose: To protect children and staff from death and injury in public schools grades K-14 and protect the public’s investment in school buildings during and after earthquakes

Applies to public schools K-12 and community colleges