C2A-KS23 Flashcards
Knowledge of business and professional requirements of the Practice Act (e.g., architectural corporations, firm naming, associations, professional conduct).
Architectural Corporations Defined
Section 5610 — Definition
A professional architectural corporation is a corporation which is authorized to render
professional services as defined in Section 13401 of the
Corporations Code
Within the actual Practice Act, only the Corporations Code relating to limited liability architectural partnerships is included with a note that states “For complete text, see Article 10 of the Corporations Code.”
“Professional services” means
any type of professional services that may be lawfully
rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act.
“Professional corporation” means
a corporation organized under the General Corporation
Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section
13401.5.
-considered a legal entity
“Licensed person” means
any natural person who is duly licensed under the provisions of the Business and Professions Code… .. to render the same professional services as are or
will be rendered by the professional corporation or foreign professional corporation of which he or she is or intends to become, an officer, director, shareholder, or employee.
“Partnership” means an
association of two or more persons to carry on as co-owners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership.
Section 16101 — Definitions (This portion appears in the actual Practice Act and relates to limited liability architectural partnerships)
Section 17375 — Professional Limited Liability Companies (LLC)
Nothing in this title shall be construed to permit a domestic or foreign limited liability company to render professional services, as defined in subdivision (a) of Section 13401 and in Section 13401.3, in this state.
This means that architects cannot legally form a limited liability company
• Use of the Term Architect
- It shall be unlawful for any person to use a business name that includes as part of its title or description of services the term “architect, architecture,” or “architectural,” or any abbreviations or confusingly similar variations thereof, unless that person is a business entity wherein an architect is:
1) in management control of the professional services that are offered and provided by the
business entity; and,
2) either the owner, a part-owner, an officer or an employee of the business entity.
[Firm Naming
California Code of Regulations — Title 16, Division 2
Article 5. Miscellaneous
a. Section 134 — Use of the Term Architect; Responsible Control within Business Entity ]
• Responsible Control within Business Entity:
Where a person uses a business name
that includes as part of its title or description of services the term “architect, architecture,” or “architectural,” or any abbreviations or confusingly similar variations thereof, all of the professional services offered and provided by that person are to be offered and provided by or under the responsible control of an architect.
[Firm Naming
California Code of Regulations — Title 16, Division 2
Article 5. Miscellaneous
a. Section 134 — Use of the Term Architect; Responsible Control within Business Entity ]
American Institute of Architects (AIA)
The AIA is the professional organization for licensed architects. Architects join at the local, state, and national level simultaneously.
The AIA provides resources for practicing architects including contracts and documents, hosting events and conferences, and community outreach.
Section 160— Rules of Professional Conduct
Competence
An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, are
qualified by education, training, and experience.
An architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of
good standing, practicing in this state under similar circumstances and conditions.
Section 160— Rules of Professional Conduct
Willful Misconduct
In designing a project, an architect shall have knowledge of all applicable building laws, codes, and regulations. An architect may obtain the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws, codes, and regulations and shall not knowingly design a project in violation of such laws, codes and regulations.
Whenever the Board is conducting an investigation, an architect or a candidate for licensure shall respond to the Board’s requests for information and/or evidence within 30 days of the date mailed to or personally delivered on the architect or a candidate for licensure
Full Disclosure
An architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with projects or services for which he or she is claiming credit.
An architect shall respond in writing within 30 days to any request from the Board for information solicited in connection with a candidate’s application for a license to practice architecture.
Copyright Infringement
An architect shall not have been found by a court to have infringed upon the copyrighted works of other architects or design professionals.
Informed Consent
An architect shall not materially alter the scope or objective of a project
without first fully informing the client and obtaining the consent of the client in
writing.
