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RE: Use of seal, stamp or title by unregistered person

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Bill,
I have to disagree with this. As I noted in another post in response to
this subject, the DCA (I think that is the licensing department for
Architects) in a personal phone call wanted to make it clear to me that
the Architect need not have any understanding of the principals of
engineer so long as he/she has accepted the work of a consultant who he
or she assumes to have the understanding of the practice. The consultant
does not need to be licensed or even a graduate in engineering as long
as the architect has the belief that the engineer is competent . The
bottom line is that the test does not come until failure occurs and a
suit can be brought against the Architect by the damaged party.

Common sense agrees with you and I am adamant against Architects wet
stamping structural drawings and calculations if they are not competent
or knowledgeable. However, if they perform their own structural
calculations and drawings and these are accepted by the building
official, then you must assume the Architect is competent until the test
resulting in damage can be proven.

Sincerely,
Dennis S. Wish, PE
California Professional Engineer
Structural Engineering Consultant
http://www.structuralist.net
dennis.wish(--nospam--at)verizon.net



-----Original Message-----
From: BCainse(--nospam--at)aol.com [mailto:BCainse(--nospam--at)aol.com] 
Sent: Tuesday, May 20, 2003 9:48 AM
To: seaint(--nospam--at)seaint.org
Subject: Re: Use of seal, stamp or title by unregistered person


Desi-
You might want to look at Section 6737 of the Professional Engineers Act
(Business & Professions Code) which states:

"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 (this refers to the Architects Act) insopfar as he practices
architecture in its various branches, is exempt from registration under
the provisions of this chapter."

The Architects Act States the scope of an architects services and it is
really broad:

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, 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.
   (b) Architects' professional services may include any  or all of the
following:
   (1) Investigation, evaluation, consultation, and advice.
   (2) Planning, schematic and preliminary studies, designs, working
drawings, and specifications.
   (3) Coordination of the work of technical and special consultants.
   (4) Compliance with generally applicable codes and regulations, and
assistance in the governmental review process.
   (5) Technical assistance in the preparation of bid documents and
agreements between clients and contractors.
   (6) Contract administration.
   (7) Construction observation.
   (c) As a condition for licensure, architects shall demonstrate a
basic level of competence in the professional services listed in
subdivision (b) in examinations administered under this chapter."

As a side note, the Architects Act exempts both civil and Structural
Engineers from licensure as architects.  The pertinent sections are
attached below:

"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 (commencing with Section 6700), insofar as he or
she practices the profession for which he or she is registered, is
exempt from the provisions of this chapter, except that a structural
engineer may not use the title "architect," unless he or she holds a
license as required in this chapter."

"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 for which he or she is registered, is
exempt from the provisions of this chapter, except that a civil engineer
may not use the title "architect," unless he or she holds a license as
required in this chapter."

So I guess you could say we are all members of a "mutual admiration
society." Both the Engineers Board and the Architects Board have rules
that basically say you can not practice in areas for which you are not
competent.

Regards,
Bill Cain, SE




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