| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1489Introduced by Assembly Member BroughFebruary 17, 2017 An act to amend Section 5536.25 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1489, as introduced, Brough. Architects Practice Act.Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architecture. Under existing law, a licensed architect who signs and stamps plans, specifications, reports, or documents is not responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, as provided.This bill would additionally provide that a licensed architect is not responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents.The act explicitly states that a legal duty is not imposed upon an architect who signs and stamps plans, specifications, reports, or documents which relate to the design of fixed works to observe the construction of those fixed works. The law, however, permits the architect to agree with the client to provide construction observation services, which is defined to mean the periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. Under existing law, construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.This bill would provide that construction observation services also does not mean inspection, or determining or defining means or methods.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5536.25 of the Business and Professions Code is amended to read:5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1489Introduced by Assembly Member BroughFebruary 17, 2017 An act to amend Section 5536.25 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1489, as introduced, Brough. Architects Practice Act.Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architecture. Under existing law, a licensed architect who signs and stamps plans, specifications, reports, or documents is not responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, as provided.This bill would additionally provide that a licensed architect is not responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents.The act explicitly states that a legal duty is not imposed upon an architect who signs and stamps plans, specifications, reports, or documents which relate to the design of fixed works to observe the construction of those fixed works. The law, however, permits the architect to agree with the client to provide construction observation services, which is defined to mean the periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. Under existing law, construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.This bill would provide that construction observation services also does not mean inspection, or determining or defining means or methods.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill No. 1489 |
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| 13 | 13 | | Introduced by Assembly Member BroughFebruary 17, 2017 |
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| 15 | 15 | | Introduced by Assembly Member Brough |
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| 16 | 16 | | February 17, 2017 |
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| 18 | 18 | | An act to amend Section 5536.25 of the Business and Professions Code, relating to professions and vocations. |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | AB 1489, as introduced, Brough. Architects Practice Act. |
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| 25 | 25 | | |
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| 26 | 26 | | Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architecture. Under existing law, a licensed architect who signs and stamps plans, specifications, reports, or documents is not responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, as provided.This bill would additionally provide that a licensed architect is not responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents.The act explicitly states that a legal duty is not imposed upon an architect who signs and stamps plans, specifications, reports, or documents which relate to the design of fixed works to observe the construction of those fixed works. The law, however, permits the architect to agree with the client to provide construction observation services, which is defined to mean the periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. Under existing law, construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.This bill would provide that construction observation services also does not mean inspection, or determining or defining means or methods. |
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| 28 | 28 | | Existing law, the Architects Practice Act, establishes the California Architects Board and sets forth its powers and duties over the licensure and regulation of architecture. Under existing law, a licensed architect who signs and stamps plans, specifications, reports, or documents is not responsible for damage caused by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, as provided. |
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| 30 | 30 | | This bill would additionally provide that a licensed architect is not responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents. |
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| 32 | 32 | | The act explicitly states that a legal duty is not imposed upon an architect who signs and stamps plans, specifications, reports, or documents which relate to the design of fixed works to observe the construction of those fixed works. The law, however, permits the architect to agree with the client to provide construction observation services, which is defined to mean the periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. Under existing law, construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site. |
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| 34 | 34 | | This bill would provide that construction observation services also does not mean inspection, or determining or defining means or methods. |
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| 35 | 35 | | |
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| 36 | 36 | | ## Digest Key |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 5536.25 of the Business and Professions Code is amended to read:5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Section 5536.25 of the Business and Professions Code is amended to read:5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 48 | 48 | | SECTION 1. Section 5536.25 of the Business and Professions Code is amended to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | 5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 54 | 54 | | 5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 56 | 56 | | 5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage.(b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services.(c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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| 60 | 60 | | 5536.25. (a) A licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by construction deviating from a permitted set of plans, specifications, reports, or documents or by subsequent changes to or uses of those plans, specifications, reports, or documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved in writing by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the written authorization or approval was not unreasonably withheld by the architect and the architectural service rendered by the architect who signed and stamped the plans, specifications, reports, or documents was not also a proximate cause of the damage. |
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| 62 | 62 | | (b) The signing and stamping of plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to observe the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, this section shall not preclude an architect and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction observation services. This subdivision shall not modify the liability of an architect who undertakes, contractually or otherwise, the provision of construction observation services for rendering those services. |
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| 64 | 64 | | (c) Construction observation services means periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents. However, construction observation services does not mean inspection, determining or defining means or methods, or the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site. |
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| 66 | 66 | | For purposes of this subdivision, periodic observation means visits by an architect, or his or her agent, to the site of a work of improvement. |
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