General Practice 14% Flashcards
what are the codes that make up the practice act?
- Business and Professional code - Ch. 3 Div. 3
- Corporation Code
- California Code of Regulations - Title 16, Div. 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 profession 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 all 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.
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.
Architects applying the professional standard of care.
Architects cannot stamp and sign documents not produced under their 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 in responsible control and reviews the drawings.
What are the consequences for practicing architecture without disclosing that you have a license?
Misdemeanor punishable by a fine of not less than $100 or more than $5,000 or by imprisonment in a county jail not exceeding 1 year, or both.
Must a licensed architect stamp and sign documents?
Yes. if you are preparing or in responsible control of instruments of service.
Does a licensed architect need to stamp and sign documents for structures that do not require a license architect to design
Yes. Once licensed, an architect needs to sign and stamp all documents (including residential) within their responsible control.
What five items are required to be on an Architects Stamp?
Name of Architect License Number Renewal Date (not expiration date) State of California Licensed Architect
Who has the responsibility of verifying a licensed individual has produced project plans and specifications?
the Authority Having Jurisdiction (AHJ)
What are three liability factors an architect is not responsible for once project documents are signed and stamped?
- Unauthorized changes to instruments of service
- Not legally required to Observe construction
- Supervision of Construction, site conditions or 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 information needs to be included in the AIA B102?
S - Services C - Compensation A - Address of Client/Architect N - New Services (additional services) T - Termination of Contract
When is an Owner/Architect contract not required?
- When a client will not pay for professional services (Pro Bono)
- Same Client with same or similar compensation from previous project
- If Client knowingly states in writing after full disclosure that a contract is not required.
- Professional services rendered to a registered engineer.
Which agency regulates the practice of architecture?
California Architects Board (CAB) by
- Examination
- Licensing
- Enforcement
What types of building plans can be prepared by an unlicensed person?
- Single family detached dwellings of wood framed construction no more than 2 stories in height including basement
- Multiple dwelling units, but not more than 4, wood framed construction, 2 stories in height including basement
- Garages or similar of wood frame construction, 2 stories in height including basement
- Wood framed agricultural buildings, unless deemed unsafe by the building official.
What are six violations that will get your license suspended or revoked.
- Violation of the Architects Practice Act
- Fraud in obtaining license.
- Impersonating an architect for financial gain
- Negligence or willful misconduct.
- Incompetency or recklessness
- Disciplinary action taken by another public agency
When does a license expire and what are the guidelines for renewal of an expired license?
License expire on the last day of the birth month of the licensed holder in each odd-numbered year, following the issuance or renewal of the license.
An expired license may be renewed anytime within five years after its expiration. If the license is not renewed within five years, then it cannot be renewed, restored or reissued. You will need to take the test again
Can architects form a limited liability company?
No. Architects render professional services and cannot legally forma limited liability company per the Corporations Code.
According to the California Code of Regulations, how must the term “architect” be used?
unless the business is owned by an architect, has an employee that is a architect in responsible control of the professional services provided, the term architect, architecture, or architectural cannot be used in the naming of the businesses
What stipulations are placed on a person who uses the term “architect” in their business name?
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.
- Acceptance of compensation from more than one party on a particular project, unless the circumstances are fully disclosed and agreed upon by all parties
- Monetary compensation for specifying materials or products.
- Showing favor or partiality to any party involved in the project
What methods are available for Architects to limit their exposure to professional liability
- efficient collaboration and communication between project team
- Do not over extend your team that would require them to work faster or put in exuberant amount of overtime
- Carry the necessary types & amounts of insurance.
- Utilize a written contract
- Project milestone approvals for key decisions throughout the project.
- Provide Contract Administration Services
How can an Architect be protected from liability exposure when performing a building inspection at the site of an emergency as indicated in the Architects Practice Act.
Only within 30 days can an Architect perform VOLUNTARY building inspection at the request of the building official will not be held liable in negligence for any damage caused by good faith, unless by performing a negligent inspection