CSE cat 1 Flashcards
What are the three codes that
make up the Architects
Practice Act?
- Business and
Professions Code Chapter 3, Division 3. - Corporations Code.
- California Code of Regulations -Title 16, Division 2.
Define an Architect as set forth in the Architects Practice Act.
An Architect is a person who is licensed by the
California Architects Board to practice architecture in the State of California under the authority of the Architects Practice Act.
How does the Practice Act
define the Architects Practice
of Architecture?
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.
This applies to al
l persons whether licensed
or not, whether they are independent
consultants, firm principals or employees.
What is the purpose of the California Architects Board and what department is it a subdivision of?
Purpose - to regulate the practice of architecture to protect the health, safety and welfare of the public. The California Architects Board (CAB) establishes the minimum professional qualifications and performance standards for admission to and practice of the profession of architecture. CAB is a division of the Department of Consumer Affairs.
What is in “responsible
control” as defined by the
Architects Practice Act?
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. An architect cannot stamp and sign documents not produced under his/her responsible control.
Can an architect demonstrate responsible control even if a project drawing set is produced outside of his/her office?
Yes, as long as the architect is
maintaining responsible control, drawings
can be produced in another office or in
another part of the world.
What are the consequences
for practicing without a
license or holding one’s self
out as an architect?
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.
Must a licensed architect
stamp and sign documents?
Why?
Yes. All persons preparing or being in
responsible control of plans,
specifications and
instruments of service
for others shall sign those documents and
all contracts as well as affix a stamp as
evidence of the person’s responsibility for
those documents.
Does a licensed architect need to stamp and sign documents for structures unlicensed individuals are allowed to design?
Yes. Even though an unlicensed individual can design certain structures, once licensed, an architect must sign and stamp all documents within his/her responsible control. This requirement applies to all types of projects since it addresses a responsibil ity imposed on the architect , not on the project.
What five items are required
to be on an Architect’s
stamp?
1. Name of Architect 2. License Number 3. Renewal Date (not expiration date) 4. State of California 5. Licensed Architect
Who has the responsibility of
verifying a licensed individual
has produced project plans
and specifications
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 is licensed to prepare the plans and specifications.
What are three liability factors
an architect is not responsible
for once project documents
are signed and stamped?
- Not
responsible for unauthorized changes to
plans, specs, reports or documents as long as
approval was not unreasonably withheld. - No legal duty to observe the construction of
fixed works. - Construction Observation is periodic
observation to determine
general compliance
with plans, specs, etc., not to supervise
construction, operations, site conditions,
equipment or site safety
How does the Architects
Handbook of Professional
Practice define Standard of
Care?
The architect is required to do what a reasonably prudent architect would do in the same community and in the same time frame, given the same or similar facts or circumstances.
What does SCANT stand for?
S -Services (description of services to be
performed).
C -Compensation (Basis of compensation).
A -Addresses (Name, address, license number
of architect & name and address of client).
N -New Services (Additional
services at hourly
rate.
T -Termination (description of procedure for
termination of contract).
Under what conditions is a
written contract not required?
- Professional services rendered when the
client will not pay compensation. - Arrangement as to the basis for
compensation is similar to provided in the past
for the same client. - If the client knowingly states in writing after
full disclosure that a contract is not required. - Professional services rendered to a
registered pr
ofessional engineer
How is the practice of
architecture administered and
which agency regulates it?
The practice of architecture is administered in three ways: 1. Examination 2. Licensing 3. Enforcement The California Architects Board (CAB) is the regulating agency.
What types of structures can
drawings be prepared for by
an unlicensed individual?
- house/ Apts & garages up to 4plex 2story + basement max
- Barns
- Single family detached dwellings of wood
frame construction no more than 2 stories plus
basement in height. - Multiple dwelling units (no more than 4)
wood frame construction, 2 stories + basement
in height. - Garages or
similar of wood frame
construction, 2 stories + basement in height. - Wood frame agricultural and ranch buildings,
unless deemed unsafe by building official.
Name six violations that can
result in a license being
suspended or revoked.
1. Violation of the Architects Practice Act. 2. Fraud in obtaining a license. 3. Impersonating an architect. 4. Negligence or willful misconduct. 5. Incompetency or recklessness. 6. Disciplinary action taken by another public agency.
When does a license expire
and what are the guidelines
for renewal of an expired
license?
Licenses expire on the last day of the birth
month of the license holder in each odd
-
numbered year,
following the issuance or
renewal of the license.
A license which has expired may be
renewed anytime within five years after its
expiration. A license which is not renewed
within five years after its expiration may
not be renewed, restored or reissued
Can architects form a limited liability company (LLC)?
No. According to the Corporations Code, a domestic or foreign limited liability company is not permitted to render professional services, which means that architects cannot legally form a limited liability company.
According to the California
Code of Regulations, how
must the term “architect” be
used?
It is considered 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 where an architect is owner,
employee, or in management control of the
professional services provided.
What stipulations are placed
on a person who uses the
term “architect” in their
business name?
If 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 professional services
offered and provided by that person are to
be offered and provided by or under the
responsible control of an architect.
Name three situations that
would be considered a
conflict of interest to an
architect.
- An architect shall not accept compensation for
services from more than one party on a project
unless the circumstances are fully disclosed to and
agreed to by all parties. - An architect shall not solicit or accept monetary
compensation for specifying materials or products. - An architect shall endeavor to secure faithful
performance for all parties to the construction
contract and shall not show partiality to any party.
What methods are available
for Architects to limit their
exposure to professional
liability?
- Efficient in-house organization & communication.
- Select projects carefully & work within the firm’s capacity.
- Carry the necessary types & amounts of insurance.
- Utilize a written contract.
- Documentation and approvals of key decisions.
- Provide Contract Administration Service
According to the Architects Practice Act, how are Architects who perform voluntary building inspection at the site of an emergency protected from liability exposure?
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).