BlackletterCalifornia law

CHAPTER 7. Professional Engineers [6700. - 6799.]

Chapter 7 repealed and added by Stats. 1951, Ch. 1709.

§§ 6700–6799 · 132 sections

  1. ARTICLE 1. General Provisions §§ 6700–6706.3 · 11 sections
    • § 6700 This chapter constitutes the chapter on professional engineers. It may be cited as the Professional Engineers Act.
    • § 6701 “Professional engineer,” within the meaning and intent of this act, refers to a person engaged in the professional practice of rendering service or creative…
    • § 6702 “Civil engineer” as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice…
    • § 6702.1 “Electrical engineer” as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers…
    • § 6702.2 “Mechanical engineer” as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers…
    • § 6703 The phrase “responsible charge of work” means the independent control and direction, by the use of initiative, skill, and independent judgment, of the…
    • § 6703.1 “Supervision of the construction of engineering structures” means the periodic observation of materials and completed work to determine general compliance with…
    • § 6704 (a) In order to safeguard life, health, property, and public welfare, no person shall practice civil, electrical, or mechanical engineering unless…
    • § 6705 A subordinate is any person who assists a registered professional engineer in the practice of professional engineering without assuming responsible charge of…
    • § 6706 (a) An engineer who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared…
    • § 6706.3 Any reference in any law or regulation to a registered engineer, or to a registered civil, electrical, or mechanical engineer, is deemed to refer to a licensed…
  2. ARTICLE 2. Administration §§ 6710–6726.4 · 18 sections
    • § 6710 (a) There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members. (b) Any…
    • § 6710.1 Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing,…
    • § 6711 Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the…
    • § 6712 (a) All appointments to the board shall be for a term of four years. Vacancies shall be filled by appointment for the unexpired term. Each appointment…
    • § 6713 Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.
    • § 6714 The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance. This section…
    • § 6715 The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains information showing the…
    • § 6716 (a) The board may adopt rules and regulations consistent with law and necessary to govern its action. These rules and regulations shall be adopted in…
    • § 6717 The board may, by regulation, define the scope of each branch of professional engineering other than civil, electrical, and mechanical engineering for which…
    • § 6718 Any member of the board may administer oaths and may take testimony and proofs concerning all matters within the board’s jurisdiction.
    • § 6719 The board shall adopt and have an official seal which shall be affixed to all certificates of registration.
    • § 6720 Each member of the board shall receive a per diem and expenses as provided in Section 103.
    • § 6721 The board shall establish relations with bodies that regulate the practice of professional engineering, or closely related professions, or that register or…
    • § 6726 The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (1) Application review and…
    • § 6726.1 Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed…
    • § 6726.2 Each member of each technical advisory committee shall be an expert in the branch of engineering within the committee’s jurisdiction and shall be licensed…
    • § 6726.3 All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.
    • § 6726.4 Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with…
  3. ARTICLE 2.3. Professional Engineers Review Committees §§ 6728–6728.6 · 7 sections
    • § 6728 The board, when it deems necessary, may establish professional engineers review committees to hear all matters assigned by the board, including, but not…
    • § 6728.1 Each review committee shall consist of no fewer than three registered professional engineers appointed by the board. Each member of a committee shall have the…
    • § 6728.2 Each member of a committee shall receive a per diem and expenses as provided in Section 103 of this code.
    • § 6728.3 Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 4…
    • § 6728.4 At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the…
    • § 6728.5 The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the…
    • § 6728.6 Each member of a professional engineers review committee or other board-appointed committee and any board-appointed representative of the board shall be…
  4. ARTICLE 3. Application of Chapter §§ 6730–6749 · 44 sections
    • § 6730 In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically…
    • § 6730.2 (a) It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional engineers and engineering…
    • § 6731 Civil engineering embraces the following studies or activities in connection with fixed works for irrigation, drainage, waterpower, water supply, flood…
    • § 6731.1 Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: (a) Locates, relocates,…
    • § 6731.2 Any registered civil engineer may offer to practice, procure, and offer to procure, land surveying work incidental to his or her civil engineering practice,…
    • § 6731.3 A registered civil engineer may also practice or offer to practice, either in a public or private capacity, construction project management services,…
    • § 6731.4 If a registered civil engineer provides construction management services pursuant to Section 6731.3, Section 6703.1 shall not limit the responsibility of the…
    • § 6731.5 (a) Electrical engineering is that branch of professional engineering described in Section 6734.1 that embraces studies or activities relating to the…
    • § 6731.6 Mechanical engineering is that branch of professional engineering described in Section 6734.2 that deals with engineering problems relating to generation,…
    • § 6732 It is unlawful for anyone other than a professional engineer licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other…
    • § 6732.1 Any person who has been granted permission to use the title “consulting engineer” pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session is…
    • § 6732.2 Any person who possesses a valid certificate to practice photogrammetry issued to him under the provisions of Chapter 15 (commencing with Section 8700) of this…
    • § 6732.3 (a) Any person who has received from the board a license in corrosion, manufacturing, quality, or safety engineering, and who holds a valid license under this…
    • § 6732.4 (a) Notwithstanding any other provision of law, any person who has applied for registration as a corrosion, quality, or safety engineer, and who has completed…
    • § 6732.5 (a) Upon the discontinuance of a national examination for a branch specified in this chapter, the board shall not be required to administer an examination for…
    • § 6733 It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant,…
    • § 6734 Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering work.
    • § 6734.1 Any person practices electrical engineering when he professes to be an electrical engineer or is in responsible charge of electrical engineering work.
    • § 6734.2 Any person practices mechanical engineering when he professes to be a mechanical engineer or is in responsible charge of mechanical engineering work.
    • § 6735 (a) All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as “documents”)…
    • § 6735.1 The signing of civil engineering plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or…
    • § 6735.3 (a) All electrical engineering plans, specifications, calculations, and reports (hereinafter referred to as “documents”) prepared by, or under the responsible…
    • § 6735.4 (a) All mechanical engineering plans, specifications, calculations, and reports (hereinafter referred to as “documents”) prepared by, or under the responsible…
    • § 6735.5 The use of the word “certify” or “certification” by a registered professional engineer in the practice of professional engineering or land surveying…
    • § 6735.6 If a registered civil engineer is required to provide as built, as constructed, or record plans for improvements or grading, which plans show changes during…
    • § 6736 No person shall use the title, “structural engineer,” or any combination of these words or abbreviations thereof, unless he or she is a licensed civil engineer…
    • § 6736.1 (a) No person shall use the title, “soil engineer,” “soils engineer,” or “geotechnical engineer,” or any combination of these words or abbreviations thereof,…
    • § 6737 An architect, who holds a certificate to practice architecture in this State under the provisions of Chapter 3 of Division 3 of this code insofar as he…
    • § 6737.1 (a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following: (1) Single-family dwellings of…
    • § 6737.2 Nothing in this chapter shall prohibit a civil engineer, registered under the provisions of this chapter, from practicing or offering to practice any…
    • § 6737.3 A contractor licensed under Chapter 9 (commencing with Section 7000) of Division 3 is exempt from the provisions of this chapter relating to the practice of…
    • § 6738 (a) This chapter does not prohibit one or more civil, electrical, or mechanical engineers from practicing or offering to practice, within the scope of their…
    • § 6739 Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of…
    • § 6740 A subordinate to a civil, electrical or mechanical engineer licensed under this chapter, or a subordinate to a civil, electrical or mechanical engineer…
    • § 6741 Any person, firm, partnership, or corporation is exempt from registration under the provisions of this chapter who meets all the following: (a) Is a…
    • § 6742 Any person, firm, or corporation holding a license as real estate broker or real estate salesperson, when making appraisals and valuations of real estate…
    • § 6743 This chapter does not affect Chapter 15 of Division 3 of this code, relating to surveyors, except insofar as this chapter is expressly made applicable.
    • § 6744 This chapter does not require registration for the purpose of practicing civil engineering, by an individual, a member of a firm or partnership, or by an…
    • § 6745 This chapter does not prohibit any person, firm or corporation from furnishing, either alone or with subcontractors, labor and materials, with or without…
    • § 6746 Plans, specifications, reports and documents relating to communication lines and equipment prepared by employees of communications companies which come under…
    • § 6746.1 The provisions of this chapter pertaining to licensure of professional engineers, other than civil engineers, do not apply to employees in the communications…
    • § 6747 (a) This chapter, except for those provisions that apply to civil engineers and civil engineering, shall not apply to the performance of engineering work by a…
    • § 6748 (a) Notwithstanding Section 6747, this chapter applies to engineering work approved by a person employed by a privately or publicly owned utility in the…
    • § 6749 (a) A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter.…
  5. ARTICLE 4. Registration §§ 6750–6767 · 23 sections
    • § 6750 (a) An application for licensure as a professional engineer or certification as an engineer-in-training shall be made to the board on the prescribed form, with…
    • § 6751 (a) The applicant for certification as an engineer-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting…
    • § 6751.2 The board may consider the professional experience and education acquired by applicants outside the United States which in the opinion of the board is…
    • § 6751.5 The board shall by rule establish the criteria to be used for approving curricula of schools of engineering.
    • § 6752 An applicant for registration as a civil engineer must have gained his experience under the direction of a civil engineer legally qualified to practice.
    • § 6753 With respect to applicants for licensure as professional engineers, the board: (a) Shall give credit as qualifying experience of four years, for graduation…
    • § 6753.5 All applicants shall be given equal credit for engineering experience in the armed forces of United States as with any other comparable engineering experience.
    • § 6754 Examination for licensure shall be held at such times and places as the board shall determine. The second division of the examination for all branches…
    • § 6755 (a) Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the…
    • § 6755.1 (a) The second division of the examination for registration as a professional engineer shall include questions to test the applicant’s knowledge of state laws…
    • § 6756 (a) An applicant for certification as an engineer-in-training shall, upon meeting all of the requirements prescribed in subdivisions (a) and (b) of Section…
    • § 6757 Applicants who profess to be qualified in more than one branch of engineering shall be required to file an application for each branch in which they wish to be…
    • § 6758 An applicant failing in an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board.
    • § 6759 The board, upon application therefor, on its prescribed form, and the payment of the fee fixed by this chapter, may issue a certificate of registration as a…
    • § 6762 Any applicant for licensure as a professional engineer, upon meeting all of the requirements prescribed in subdivision (c) of Section 6751 and who has…
    • § 6762.5 (a) The board shall issue, upon application and payment of the fee established by Section 6799, a retired license (registration), to an engineer who has been…
    • § 6763 Application for authority to use the title “structural engineer,” “soil engineer,” “soils engineer,” or “geotechnical engineer” shall be made to the board on…
    • § 6763.1 An applicant to use the title “structural engineer” shall have successfully passed a written examination for structural engineering that is administered by a…
    • § 6763.5 If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title “structural…
    • § 6764 Each professional engineer licensed under this chapter shall, upon licensure, obtain a seal or stamp of a design authorized by the board bearing the licensee’s…
    • § 6765 A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board. The…
    • § 6766 An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter, is presumptive evidence in all courts and places that…
    • § 6767 (a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application. (b)…
  6. ARTICLE 4.5. Reporting Requirements §§ 6770–6770.6 · 7 sections
    • § 6770 (a) A licensee shall report to the board in writing the occurrence of any of the following events that occurred on or after January 1, 2008, within 90 days of…
    • § 6770.1 Within 30 days of entry of a conviction described in paragraphs (1) and (2) of subdivision (a) of Section 6770, a settlement described in paragraph (3) of…
    • § 6770.2 (a) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 6770 against a…
    • § 6770.3 The requirements of Sections 6770, 6770.1, and 6770.2 shall apply if a party to the civil action, settlement, or arbitration award is or was a sole…
    • § 6770.4 (a) Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential…
    • § 6770.5 The board may adopt regulations to further define the reporting requirements of Sections 6770, 6770.1, and 6770.2.
    • § 6770.6 This article shall become operative on January 1, 2008, only if an appropriation is made from the Professional Engineer’s and Land Surveyor’s Fund for the…
  7. ARTICLE 5. Disciplinary Proceedings §§ 6775–6780 · 7 sections
    • § 6775 The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional engineer licensed under this chapter and…
    • § 6775.1 The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any engineer-in-training and make findings thereon. By a…
    • § 6775.2 The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a…
    • § 6776 The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section…
    • § 6777 The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members…
    • § 6779 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and…
    • § 6780 (a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the…
  8. ARTICLE 6. Offenses Against the Chapter §§ 6785–6789 · 5 sections
    • § 6785 The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter.
    • § 6786 It is the duty of the respective members of the legal system to prosecute all persons charged with the violation of any of the provisions of this chapter. It…
    • § 6787 A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices or offers to…
    • § 6788 Any person who violates any provision of subdivisions (a) to (j), inclusive, of Section 6787 in connection with the offer or performance of engineering…
    • § 6789 (a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee…
  9. ARTICLE 7. Revenue §§ 6795–6799 · 10 sections
    • § 6795 Certificates of registration as a professional engineer, and certificates of authority, shall be valid for a period of two years from the assigned date of…
    • § 6795.2 (a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate…
    • § 6796 Except as otherwise provided in this article, certificates of registration as a professional engineer and certificates of authority may be renewed at any time…
    • § 6796.1 A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the…
    • § 6796.2 A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of…
    • § 6796.3 (a) Certificates of registration as a professional engineer, and certificates of authority to use the title “structural engineer,” “soil engineer,” or…
    • § 6796.5 Once an expired or delinquent certificate of registration or certificate of authority is renewed pursuant to Section 6796, all of the following shall apply:…
    • § 6797 (a) The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to…
    • § 6798 The board may make refunds of all fees in accordance with Section 158 of this code.
    • § 6799 (a) The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (1) The fee for filing each…