BlackletterCalifornia law

CHAPTER 3. Architecture [5500. - 5610.7.]

Chapter 3 added by Stats. 1939, Ch. 33.

§§ 5500–5610.7 · 107 sections

  1. ARTICLE 1. General Provisions §§ 5500–5502 · 5 sections
    • § 5500 As used in this chapter, architect means a person who is licensed to practice architecture in this state under the authority of this chapter.
    • § 5500.1 (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,…
    • § 5500.2 (a) A person may apply to the board and obtain authorization to use the title “architect-in-training” once they have been identified as a candidate for… see note
    • § 5501 This chapter constitutes the chapter on professional architects. It shall be known and may be cited as the Architects Practice Act.
    • § 5502 As used in this chapter, board refers to the California Architects Board.
  2. ARTICLE 2. Administration §§ 5510–5528 · 19 sections
    • § 5510 There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members. Any reference in law to the California Board of…
    • § 5510.1 The Legislature finds and declares that it is the mandate of the board to regulate the practice of architecture in the interest and for the protection of the…
    • § 5510.15 Protection of the public shall be the highest priority for the California Architects Board in exercising its licensing, regulatory, and disciplinary functions.…
    • § 5514 The membership of the board shall be composed of 10 members, five of whom shall be architects and five of whom shall be public members. The five professional…
    • § 5515 (a) Every person appointed shall serve for four years and until the appointment and qualification of their successor or until one year has elapsed since the…
    • § 5515.5 (a) Notwithstanding Section 130 or 5515, the following provisions shall apply: (1) Of the three licensed members appointed by the Governor whose terms commence…
    • § 5516 Each member of the board shall receive a per diem and expenses as provided in Section 103.
    • § 5517 The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the…
    • § 5518 The board shall elect from its members a president, a vice president, and a secretary to hold office for one year, or until their successors are duly elected…
    • § 5520 The board shall adopt a seal for its own use. The seal used shall have the words, “California Architects Board” inscribed thereon. The executive officer shall…
    • § 5521 The executive officer shall keep an accurate record of all proceedings of the board.
    • § 5522 The board shall meet at least once each calendar quarter for the purpose of transacting such business as may lawfully come before it. The board may hold…
    • § 5523 Special meetings of the board shall be called by the executive officer upon the written notice of four members by giving each member of the board 10 days’…
    • § 5524 Six of the members of the board constitute a quorum of the board for the transaction of business. The concurrence of five members of the board present at a…
    • § 5525 The board may prosecute all persons guilty of violating the provisions of this chapter. Except as provided in Section 159.5, the board may employ inspectors,…
    • § 5526 (a) The board shall adopt rules and regulations governing the examination of applicants for licenses to practice architecture in this state. (b) The board may,…
    • § 5526.5 (a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an…
    • § 5527 Whenever any person has engaged in or is about to engage in any act or practice which constitutes or which will constitute an offense against this chapter, the…
    • § 5528 (a) The board may select and contract with necessary architect consultants who are licensed architects to assist it in its enforcement program on an…
  3. ARTICLE 3. Application of Chapter §§ 5535–5538 · 23 sections
    • § 5535 As used in this chapter, the word “person” includes any individual, firm, partnership, general corporation, professional corporation, or limited liability…
    • § 5535.1 The phrase “responsible control” means that amount of control over the content of all architectural instruments of service during their preparation that is…
    • § 5535.2 (a) This chapter does not prevent an architect from forming a business entity or collaborating with persons who are not architects, provided that any…
    • § 5535.25 As used in this chapter, the terms “business entity” and “collaboration” include employer and employee relationships, joint ventures, partnerships, general…
    • § 5535.3 This chapter does not prevent a corporation from furnishing or supplying by contract architectural services, as long as any architects’ professional services…
    • § 5536 (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…
    • § 5536.1 (a) All persons preparing or being in responsible control of plans, specifications, and instruments of service for others shall sign those plans,…
    • § 5536.2 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…
    • § 5536.22 (a) An architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. That written contract…
    • § 5536.25 (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to…
    • § 5536.26 The use of the words “certify” or “certification” by a licensed architect in the practice of architecture constitutes an expression of professional opinion…
    • § 5536.27 (a) An architect who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared…
    • § 5536.3 (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…
    • § 5536.4 (a) No person may use an architect’s instruments of service, as those professional services are described in paragraph (2) of subdivision (b) of Section…
    • § 5536.5 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…
    • § 5537 (a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following: (1) Single-family dwellings of…
    • § 5537.1 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…
    • § 5537.2 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…
    • § 5537.4 A professional engineer registered to practice engineering under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the…
    • § 5537.5 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…
    • § 5537.6 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…
    • § 5537.7 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…
    • § 5538 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…
  4. ARTICLE 4. Issuance of Certificates §§ 5550–5559 · 17 sections
    • § 5550 Subject to the rules and regulations governing examinations, any person who meets the qualifications set forth in this article shall be entitled to an…
    • § 5550.1 (a) An applicant for a license to practice architecture shall be required, as part of the examination for licensure, to demonstrate to the board’s satisfaction…
    • § 5550.2 Notwithstanding subdivision (b) of Section 5552, the board may grant eligibility to take the licensure examination to a candidate enrolled in a degree program…
    • § 5550.3 (a) Notwithstanding Section 111, the board may adopt guidelines for the delegation of its authority to grade the examinations of applicants for licensure to…
    • § 5550.5 Notwithstanding Section 30 of this code or Section 17520 of the Family Code, the board may accept for processing an application from an individual for an…
    • § 5551 If the applicant’s examination is satisfactory, and if no charges of having resorted to deception in obtaining the license, or any other violation of the…
    • § 5552 The applicant for a license to practice architecture shall: (a) Not have committed acts or crimes constituting grounds for denial of a license under Section…
    • § 5552.1 (a) Pursuant to Section 144, beginning January 1, 2021, the board has the authority to obtain and receive criminal history information. The information…
    • § 5552.2 (a) The board may request that a licensee identify their race, ethnicity, sexual orientation, gender, or gender identity. The data may be requested when an…
    • § 5552.5 The board may, by regulation, implement an architectural education and training experience or internship program.
    • § 5552.6 (a) The board may extend a candidate’s application or examination process beyond the five-year period described in Section 109 of Title 16 of the California…
    • § 5553 Issuance of a license may be denied if evidence is received by the board of the commission or doing by the applicant of any act which, if committed or done by…
    • § 5554 The certificate shall contain the name of the person to whom issued. Proper index and record of each certificate shall be kept by the board.
    • § 5555 Licenses to practice architecture remain in full force until revoked or suspended for cause, or until they expire, as provided in this chapter.
    • § 5557 A duplicate license to practice architecture, replacing one which has been lost, destroyed, or mutilated, may be issued subject to the rules and regulations of…
    • § 5558 (a) Each person holding a license to practice architecture under this chapter shall file with the board their current mailing address, email address, and the…
    • § 5559 (a) Each applicant for examination or licensure who has a valid email address shall report to the board that email address at the time of application. (b) A…
  5. ARTICLE 5. Disciplinary Proceedings §§ 5560–5590 · 26 sections
    • § 5560 The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any architect and may temporarily…
    • § 5561 All accusations against licensees charging the holder of a license issued under this chapter with the commission of any act constituting a cause for…
    • § 5561.5 The proceedings for the suspension or revocation of licenses under this article shall be conducted in accordance with the provisions of Chapter 5 (commencing…
    • § 5565 The board’s decision may do the following: (a) Provide for the immediate complete suspension by the holder of the license of all operations as an architect…
    • § 5570 In any proceeding for review by a court, the court may permit, in its discretion, upon the filing of a proper bond by the holder of the license in an amount to…
    • § 5571 A judgment of suspension or cancellation of a certificate by the superior court shall be subject to appeal or review in accordance with the provisions of law…
    • § 5573 After suspension of a license upon any of the grounds set forth in this chapter, the board may reinstate the license upon proof of compliance by the architect…
    • § 5577 The conviction of a crime substantially related to the qualifications, functions, and duties of an architect by the holder of a license constitutes a ground…
    • § 5578 The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a ground for disciplinary action.
    • § 5579 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…
    • § 5580 The fact that the holder of a license is impersonating an architect or former architect of the same or similar name, or is practicing under an assumed,…
    • § 5582 The fact that the holder of a license has aided or abetted in the practice of architecture any person not authorized to practice architecture under the…
    • § 5582.1 (a) The fact that the holder of a license has affixed their signature to plans, drawings, specifications, or other instruments of service which have not been…
    • § 5583 The fact that, in the practice of architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.
    • § 5584 The fact that, in the practice of architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for…
    • § 5585 The fact that in the practice of architecture the holder of a license has been guilty of incompetency or recklessness constitutes a ground for disciplinary…
    • § 5586 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,…
    • § 5586.5 The fact that the holder of a license who serves as a qualified professional certifier, as defined in Section 66345.1 of the Government Code, makes any false…
    • § 5587 (a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any person using the title “architect-in-training”… see note
    • § 5587.5 (a) A licensed architect who is responsible for supervising a person using the title “architect-in-training” pursuant to Section 5500.2 shall be subject to… see note
    • § 5588 (a) A licensee shall report to the board in writing within 30 days of the date the licensee has knowledge of any civil action judgment, settlement, arbitration…
    • § 5588.1 (a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5588 against a licensee…
    • § 5588.2 The requirements of Section 5588 and 5588.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was a…
    • § 5588.3 Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential…
    • § 5588.4 The board may adopt regulations to further define the reporting requirements of Sections 5588 and 5588.1.
    • § 5590 Within 10 days after a judgment by a court of this state that a license holder has committed a crime or is liable for any death, personal or property injury,…
  6. ARTICLE 6. Revenue §§ 5600–5604 · 10 sections
    • § 5600 (a) All licenses issued or renewed under this chapter shall expire two years from the last day of the month in which the license was issued or two years from…
    • § 5600.05 (a) (1) As a condition of license renewal, a licensee shall complete continuing education coursework pursuant to paragraph (2). (2) (A) Five hours of…
    • § 5600.1 (a) The board shall give written notice to a licensee 30 days in advance of the regular renewal date and shall give written notice 90 days in advance of the…
    • § 5600.2 Except as otherwise provided in this chapter, a license which has expired may be renewed at any time within five years after its expiration on filing of…
    • § 5600.3 A license which is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the…
    • § 5600.4 (a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired license to an architect who holds a license that is current…
    • § 5601 Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be…
    • § 5602 The money paid into the California Architects Board Fund, which is hereby continued in existence, shall be used in the manner prescribed by law to defray the…
    • § 5603 The board shall make available to local building departments, and others upon request, an official roster listing the name, license number, and address of all…
    • § 5604 The fees prescribed by this chapter for architect applicants or architect licenseholders shall be fixed by the board as follows: (a) The application fee for…
  7. ARTICLE 7. Architectural Corporations §§ 5610–5610.7 · 7 sections
    • § 5610 A professional architectural corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations…
    • § 5610.2 It is unprofessional conduct and a violation of this chapter, punishable as specified in Section 5560, for any person licensed under this chapter to violate,…
    • § 5610.3 The name of a professional architectural corporation and any name or names under which it may be rendering professional services shall contain and be…
    • § 5610.4 Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a professional architectural corporation shall be a…
    • § 5610.5 The income of a professional architectural corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined…
    • § 5610.6 A professional architectural corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional…
    • § 5610.7 The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring…