professional engineers act, land surveyors act & board...

Professional Engineers Act,

Land Surveyors Act & Board Rules

1988

Professional Engineers Act

Professional LandSurveyors Act

Board Rules

as amended January 1, 1988

Table of ContentsProfessional Engineers Act

Chapter 7. Professional Engineers

Article 1.

SECTONS

67006700.1670167026702.16702.267036703.167046705

Article 2.67106711671267136714671567166716.56717671867196720672167226726

6726.16726.26726.36726.4

General Provisions

Professional Engineers Act .(Repealed January 1, 1985) .Def~nes p~o:essio~al engineer .DefInes cIvil engineer ..Defines electrical engineer .Defines mechanical engineer .Daflnes responsible charge of work ..Defines supervision of construction .Defines who may use engineer titles .Defines subordinate .

AdministrationBoard of Registration ..Qualifications of board members .Terms of appointment :..Removal of board members ..Appointment of executive officer ..Roster requirements .Rules and regulations, meetings, quorum .(Repealed January 1, 1967) ..Authority to define scope of practice .Oaths and testimony ..Board seal ..Per diem and expenses ..(Repealed January 1, 1971) ..(Repealed January 1, 1951) ..Establishment and duties of technical advisorycommittees .Appointment and size of TAC .Qualifications of members of TAC .Per diem and expenses for members ofTAC ..Immunity of members of TAC ..

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PAGES

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Article 2.3.

67286728.16728.26728.36728.46728.56728.6

Article 3.67306730.18730.2

67316731.16731.2

67326732.1

6732.2

6733

67346734.16734.267356735.16735.26735.3

6735.4

6735.56736

6736.1

67378737.16737.2

6737.3

6737.4

6738

6738.1

Professional Engineers ReviewCommittees

Establishment of review committees .Qualifications and size of committee .Per diem and expenses .Conduct of hearings .Proposed decisions of committee .Authority for rUle~ and regulations .Immunity provISions .

Application of ChapterNecessity for registration .(Repealed January 1, 1985) .Requirement for registered person inresponsible charge of public sectorengineering .Definition of civil engineering .Authority to perform engineering surveys .Authority to offer to practice or procure landsurveying work .Restricted titles .Exemption for use of title "ConsultingEngIneer" ..Photogrammetry-use of title "ConsultingEngineer" .Unlawful use of seal after expiration orsuspension of certificate .Practice of civil engineering ..Practice of electrical engineering ..Practice of mechanical engineering .Signing and sealing of civil engineering plans .No legal duty to supervise construction .Unauthorized changes .Signing and sealing of electrical engineeringplans .Signing and sealing of mechanlcai engineeringplans .Certification defined .Restriction on use of title "structuralengineer" .Qualifications and standards for use of title "soliengineer" ..Architectural exemption .Structure exemptions ..Authority for extension of civil engineeringpractice .Contractor exemption-eiectrical, mechanicalpractice .Contractor exemption-electrical, mechanicaldesign .Authorization for eng i nee r i n gbusinesses-business names .(Repeaied January 1, 1987) ..

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6738.16738.26739674067416742674367446745674667476748

Article 4.67506751

6751.26751.56752

6753

6753.5675467556755.16755.267566756.16756.267576758675967606761676267636763.567646765676667676767.5

Article 5.677567766777677867796780

(Repealed January 1, 1987) .....•........................(Repealed January 1, 1987) ..•.........•.................Exemption for officers and employees of U.S.A .Exemption for subordinates .Exemption for nonresidents .Exemption for real estate broker or salesman .Non-applicability to surveyors .Exemption for land holder .Exemption for buliding alterations.................•....Exemption for communications industry .Exemption for industries .Nuciear power plants •......•...................................

RegistrationApplications..•..•.....•..............................................Engineer~in-trainihg and professional engineerapplications requirements .Foreign applicants....................•...........................Board criteria for approving curricula .Civil engineer experience under civil engineerdirection .Professional engineer experience/educationrequirements .Armed Forces experience .Examination time and place .Examination requirements .Second division exam requirements .State laws and board rules examination .Certificate, EIT .(Repealed January 1, 1971) .....•..•.....................(Repealed January 1, 1975) .Applications, multi-branches .Appiications, reexaminations :..Comily registration .Temporary authorization .........•...........................Quaiification by majority vote .Certificate-professional engineer .Structural, soii, soils, geotechnical authority .Refund to unquaiifled applicants .SeaL..........................•.•...•••..••.•.....................•....•..Dupiicate certificate .Presumptive evidence of registration .(Repealed January 1, 1985) .(Repealed January 1, 1975) .

Disciplinary ProceedingsComplaints .Conduct of proceedings .Certificate-reissuance .......•................................(Repeaied January 1, 1945) .Revocation upon conviction .(Repealed January 1, 1967) .

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15

151616

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16171717171818181818181 81 91 9191 9202020202020

202121212121

Article 6.678567866787

Article 7.67956795.167966796.16796.26796.36796.5

6796.6679767986799

Offenses Against the ChapterAuthority to investigate violations .Duty to prosecute .Misdemeanors-misrepresentation .

RevenueCertificate renewal time periods .Renewal notices .Deilnquent registrations, iess than five years .Suspended certificate .Revoked certificate .Delinquent registration, over five years .Board jurisdiction-vaildity of work-ilabilityIssues .Delinquent renewals-special provisions .Accounting and deposit of funds ......................•.....Refunds .Fees--amount .

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222223232323

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Professional Land Surveyors Act

Chapter 15. Land Surveyors

Article 1.870087018702870387048705870687078708

Article 2.8710871187128713871487158715.18715.28715.38715.4

Article 2.3.87208720.1

General ProvisionsProfessional Land Surveyors Act. .Professional land surveyor .Defines director .Defines responsible charge ..••..............................Defines practice ; .Defines subordinate.............•.•.••.•.•.......................Defines board.............................•.•........................Defines executive officer .Licensure requirement .•.......••.•••...........•.............

AdministrationBoard authority ••.•..••••••••.•••.•.........................•••.•.•Record of applications ••.•••.••••.......................•••.••••Roster........................................•.........••••••...........Ciericai assisfance •••••••••••.••••..•......................•..•.•(Repeaied January 1, 1971) .......................••..•..Technicai advisory committees .Committee appointments .................•....•.••............Committee member license requirements ..........•Committee compensation ......•............•••................Committee immunity .

Land Surveyors Review CommitteesReview committees••....•••...•••••••••••............•........•.•Committee appointments •......•.........•..••................

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Article 3.872587268726.187278728872987308730.58730.68731

Article 4.87408740.18740.28740.587418741.1

87428743874487458746874787488748.587498750875187528753

Article 5.876087618761.18761.287628762.5876387648764.5876587668766.5

Committee per diem and expenses .Committee hearings .Committee decisions .Rules and regulations ..Committee j·mmunity .

Application of the ChapterRequirement for license .Defines survey practice ..Defines authority to practice .Geologic or landscape surveys exemption .Restriction on design .Land surveying business, business title .Exemptions to licensure .(Repealed January 1, 1965) ..(Repealed January 1, 1965) .Civfl engineers authorization to practice ..

Issuance of LicenseApplications ..(Repealed January 1, 1981) ..(Repealed January 1, 1981) ..(Repealed January 1, 1972) ..Examination requirements and waivers .State laws and board rules examinationrequirements .Education-experience requirements .References required .8upport constitutlon-discharge duties ..Conduct and scope of examinations .Qualification and reexamination .Issuance of license .Comity regisfration ..Refund for unqualified .Duplicate license ..8eal ..Representation only by license holder ..Presumptive evidence of licensure .Temporary license ..

Surveying PracticeOaths ..Use of signature and seal ..Consistency of authority to sign and seal ..Responsibility for subsequent changes ..Record of survey when required ..Record of survey-land division .Record of survey-sheet requirements .Record of survey-technical requirements .Required statements ..Record of survey-exemptions ..Record of survey--examination .Record of survey-examination fee .

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3636363636

3637373738383838383838393939

393940404041414242434344

876787688768.5876987708770.58770.687718771.587728773

8773.18773.28773.38773.4

8774

Article 5.5.87758775.18775.28775.3

Article 6.87808781878287838784

Article 7.8790879187928793

Article 8.8800880188028802.18802.288038803.1

8804

8804.588058806

County surveyor endorsement ..Record of survey explanation of differences .Record of survey-timely filing ..Record of survey-filing cosls .Record of survey-filing and storage ..Record of survey-correction ..Defines certify/certification .Record of survey-monumentation .Record of survey-California coordinates .Monumentation identification .Corner records-record of survey for "lost"corners .Corner record form .Corner record filing .Corner record-monument rehabilitation .Corner record-sign and seal-when no recordrequired ..RighI of enlry ..

PhotogrammetryUse of titie ..Photogrammetric services .Signature required .Fees ..

Disciplinary ProceedingsLicense-suspension or revocation ..Conduct of proceedings ..(Repealed January 1, 1967) .L!cense rev?cation upon conviction .Llcense-relssuance .

Offenses Against the ChapterEnforcement and prosecution ..Duly to prosecule ..Misdemeanors .(Repealed January 1, 1972) ..

RevenueAccounting and deposit of funds ..License renewals-time periods .Delinquenllicense, iess Ihan five years ..Suspended certificale ..Revoked license ..Delinquent license, over five years ..Stalus of reslored, reInstated or reissuedi1cense .Renewal certificafe fees-registered civilengineer .Fee refunds .Fees ..Grace period-<lelinquent license .

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47484848

4848494949

49494949

505050505051

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51515152

Rules of Board of RegistrationArticle 1.

400403404404.1

404.2

405407408410411412413414415416418419

Article 2.420421422424426426.50426.51427427.20428429

Article 3.436437438439441442443444446447

Article 4.460461

General ProvisionsInlroduction .Location of Offices ..Definitions .Definition of Responsibie Charge forProfessional Engineers ..Definition of Responsible Charge for LandSurveyors.......................................•.....................Delegation of Certain Functions .Fees .Meetings ..Certificates .Seal. ..Address Change ..Approvai of Engineering Disciplines ..Practice and Title Protection ..Practice Within Area of Competence ..Substantial Relationship Criteria .Criteria for Rehabiiitation .Notification of Disciplinary Action ..

ApplicationsApplications ..Refile Application ..Final Fiiing Date ..Experience .Appiicant for Structural Authority ..Qualification Requirements "Soil Engineer" ..Qualifying Experience for "Soil Engineer" ..References : .Reference Requiremenls for "Soil Engineer" ..Abandoned Applications ..Application Appeal. ..

ExaminationsSchedule of Regular Written Examinations ..Individual Examination .Waiver of Fundamentals Examination .Examination Not Permitted .Authorization to Take Examination ..Examination Irregularities .Inspection of Examination .Examination Appeal ..Postponements ..Permissibie Reference Material and OtherAccessories .

MiscellaneousCurricula Approved by the Board ..Testing Laboratory Reports .

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60616262636363636465656566

6767676768696971717272

727273747474757575

75

7576

463

464465

846.5

411.35

Notice of Association or Disassociation WithPartnership, Firm, or Corporation .Corner Record .Records of Survey .

Miscellaneous Statutes

Civil Code Section 846.5

Surveyors; right of entry; use of boundaryevidence and performance of surveys;freeways .

Certificate of Merit Law

Malpractice actions; certificate concerningconsultation: reliance on res ipsa loquitur orfailure to inform of consequences;confidentiality of consultants; unprofessionalconduct: demurrer .

767777

80

80

Government Code, Title 1, Division 5, Section 4526

4526 Negotiate contracts for design services . 82

Federal Property and Administrative Services Actof 1949

Title IX, Section 901·904

901 ·904 Negotiate contracts for design services 82

xii

HistoryAmendments enacted in 1985 were: 1) AS 1644, Chapter 992, Slatules

of 1985, which amended Sections 5736.1 and 6763, effective January 1,1986; 2) SS 128, Chapler 1134, Stalules of 1985, which amended Sections6715, 6726, 6726.1, 6726.2, 6726.3, 6726.4, 6735, 6751 (6751 inthis biii supersedes SS 1030, Chapter 732, Slalules of 1985, Section6751), 6753, 6755, 6762, 6764, 6796, and 6796.3, and added Sections6755.1, 6755.2, 6795.1, 6796.5, and 6796.6, effective January 1, 1986;3) SS 784, Chapler 1507, Slatutes of 1885, which amended, renumbered,and added Sections 6735.1 and 6735.2, effective January 1, 1986; 4) SS790, Chapler 1327, Slalutes of 1985, whioh amended Section 6737.1, effective January 1, 1986; 5) SS 1030, Chapter 732, Stelutes of 1985,which amended Sections 6700, 6704, 6712, 6716, 6732, 6751(superseded by SS 128), 6754, 6759, and 6787, and repealed Sections6700.1,6730.1, and 6767, effeotive January '1, 1986.

Amendments enacled in 1986 were: 1) AS 3073, Chapter 229, Slatulesof 1986, which amended Sections 6703, 6738, and 6795, and added Sections6728.6 and 6735.5, effective January 1, 1987.

Amendments enacted in 1987 were: 1) A8 453, Chapter 804, Statutesof 1987, which amended Sections 6731 and 6735, effective January I,1988; 2) S8 159, Chapter 368, Statutes of 1987, which added Section6748, effective January I, 1988; 3) SB 743, Chapter 693, Statutes of1987, which amended Section 6755.1, effective January 1, 1988; 4) S8945, Chapter 589, Statutes of 1987, which amended Section 6737. I,effective January I, 1988; 5) S8 1378, Chapter 959, Statutes of 1987,which amended Section 6703.1, effective January I, 1988; 6) S8 1456,Chapter 235, Statutes of 1987, which amended Section 6753, effectiveJanuary 1, 1988; 7) S8 1457, Chapter 671, Statutes of 1987, whichamended Section 6738, and repeaied Sections 6738.1 and 6738.2, effectiveJanuary I, 1988.

Notes

For the readers convenience, all newianguage adopted in 1987 is printed initalics.

xiv

Chapter 7. Professional Engineers

Article 1. General Provisions

6700. Professional Engineers ActThis chapter constitutes the chapter on professional engineers. It may

be cited as the Professional Engineers Act.[Amanded, Chapler 732, Sialulas of 19851

6700.1. [Repeaied, Chapler 732, Sialutes of 1985]

6701 . Defines professional engineer"Professional engineer," within the meaning and intent of this act.

refers to a person engaged in the professional practice of rendering serviceor creative work requiring education, training and experience in engineeringsciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, Investigation, evaluation, planning or design of public or privateutilities. structures, machines, processes, circuits, buildings, equipment orprojects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work.

6702. Defines civil engineer"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 topractice civil engineering in any of its phases.

6702.1. Defines electrical engineer"Electrical engineer" as used in this chapter means a professional en

gineer in the branch of electrical engineering and refers to one who practicesor offers to practice electrical engineering in any of its phases.

6702.2. Defines mechanical engineer"Mechanical engineer" as used in this chapter means a professional en

gineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases.

6703. Defines responsible charge of workThe phrase "responsible charge of work" means the independent control

and direclion, by the use of inilialive, skili, and independent ludgment, of Iheinvestigation or design of professional engineering work or the direct engineering control of such projects. The phrase does not refer to the concept offinancial iiability.

[Amended, Chapler 229, Statules of 1986]

67 03.1. Defines supervision of construction"Supervision of the construction of engineering structures" means the

1

periodic observation of materials and completed work to determine generalcompliance with plans. specifications, and design and planning concepts.However, "supervision of the construction of engineering structures" doesnot include responsibility far the superintendence of construction processes,site conditions, operations, equipment, personnel, or the maintenance of asafe place to work or any safety in, on, or about the site.

For purposes of this subdivision, "periodic observation" means visitsby an engineer, or his or her agent, to the site of a work of improvement.

[Amended, Chapter 959, Statutes of 1987J

6704, Defines who may use engtneer titlesIn order to safeguard life, health, property, and public welfare, no

person shall practice civil, electrical, or mechanical engineering unless appropriately registered or specifically exempted from registration under thischapter, and only persons registered under this chapter shall be entitled totake and use the titles "consulting engineer," "professional engineer," or"registered engineer," or any combination of those titles, and according toregistration with the board the engineering branch titles specified in Section6732, or the authority titles specified In Section 6763, or "engineer-intraining."

The provisions of this act pertaining to registration of professional en·gineers In the branches of chemical, electrical, industrial, mechanical, metallurgical, and petroleum engineering do not apply to employees In the communication industry; nor to the employees of contractors while engaged inwork on communication equipment; however, those employees may not usethe title unless registered.

The provisions of this section shall not prevent the use of the title"consulting engineer" by a person who has qualified for and maintained ex·emption for using that title under the provisions of Section 6732.1, or by aperson licensed as a photogrammetric surveyor.


6705. Defines subordinateA subordinate is any person who assists a registered professional engi·

neer in the practice of professional engineering without assuming responsi·ble charge of work.

Article 2. Administration

671 O. Board of RegistrationThere Is In the Department of Consumer Affairs a State Board of Regis

tration for Professional Engineers, and Land Surveyors, which consists of 13members.

6711 . Quatllieations of board membersEach 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 Land Surveyors' Act, Chapter 15 (commencing with Section8700) of this division and seven shall be public members who are not registered under this act or licensed under the Land Surveyors' Act. Each member,except the public members, shall have at least 12 years active experienceand shall be of good standing In his profession. Each member shall be at least

2

30 years of age, and shall have been a resident of this state for at least fiveyears immediately proceeding his appointment.

671 2. Terms of appointmentAil appointments to the board shail be for a term of four years. Vacan

cies shail be fliled by appointment for the unexpired term. Each appointmentthereafter shall be for a four~year term expiring on June 1 of the fourthyear following the year in which the previous term expired.

Each member shail hoid office until the appointment and qualification ofhis or her successor or until one year shall have elapsed since the expirationof the term for which he or she was appointed, whichever first occurs. Noperson shall serve as a member of the board for more than two consecutiveterms.

The Governor shall appoint professional members so that one is licensedto practice engineering as a civil engineer, one as an electrical engineer, oneas a mechanical engineer, another is authorized to use the title of structuralengineer, and one is a member of one of the remaining branches of engineer~

Ing.The Governor shall appoint five of the public members and the profes

sional members qualified as provided in Section 6711. The Senate RulesCommillee and the Speaker of the Assembly shail each appoint a public member.

[Amended, Chapter 732, Statutes at 1985]

671 3. Removal of board membersThe Governor may remove any member of the board for misconduct,

incompetency or neglect of duty.

671 4 . Appointment of executive officerThe board shall appoint an executive officer at a salary to be fixed and

determined by the board with the epproval of the Director of Finance.

6715. Roster requirementsThe executive officer shall keep a complete record of all applications for

registration and the board's action thereon and, once every two years, shallprepare a roster shOWing the names and addresses of all registered professional engineers, and the names and addresses of the holders of all delinquentcertificates of registration and certificates of authority. Between July 1 andDecember 1 In each year, except the year in which the roster is prepared,the executive officer shall prepare a supplemental roster showing changes inand additions to the roster.

A copy of the roster and the suppiementai roster shail be filed with theSecretary of State. Copies of each shail be available on application to the executive officer, at the price per copy fixed by the board.

[Amended, Chapter 1134, Statutes of 1985]..6716. Rules and regulations, meetings, quorum

The board may adopt rules and regulations consistent with law and necessary to govern its action. These rules and regulations shall be adopted inaccordance with the provisions of the Administrative Procedure Act.

The board shail hold at least two regular meetings each year. Specialmeetings shail be held at such times as the board rules provide. A majority ofthe board constitutes a quorum. Except as otherwise provided by law, the

3

vote required for any action of the board is a majority of the members present, but not less than five.

[Amended, Chapter 732, Statutes of 1985]

67 1 6.5 [Repealed, Chapter 1656, Statutes of 1967]

671 7. Authority to define scope of practiceThe board may, by regulation, define the scope of each branch of pro

fessional engineering other than civil engineering for which registration isprovided under this chapter.

671 8. Oaths and testimonyAny member of the board may administer oaths and may take testimony

and proofs concerning all matters within the board's jurisdiction.

671 9. Board sealThe board shall adopt and have an official seal which shall be affixed to

all certificates of registration.

6720 . Per diem and expensesEach member of the board shall receive a per diem and expenses as

provided in Section 103.

6721.

6722.

[Repealed, Chapter 108, Statutes of 1971]

[Repealed, Chapter 1709, Statutes of 1951]

6726. Establishment and duties of techntcat advtsory committees

The board may establish one or more technical advisory committees toadvise and assist the board with respect to the following:

(1) Application review and verification for any level of registration,licensure, authority, or title.

(2) Evaluation and Investigation of potential violations of the act.( 3) Amendment, repeal, adoption, or revision of board rules, reguia

tions, policies, and procedures.[Amended, Chapter 1134, Statutes of 1985]

6726.1. Appointment and size of TACEach member of each technical advisory committee shall be appointed by

the board and shall serve at the pleasure of the board. Each committee shallbe composed of no more than five members.


6726.2. Qualifications of members of TACExcept as provided in subdivision (c) of Section 6736.1, each member

of each technical advisory committee shall be an expert in the branch of engineering within the committee's jurisdiction and shall be registered underthis chapter.


4

672 6 . 3 Per diem and expenses for members of TACAll the members of each technical advisory committee shall serve

without compensation but shall receive per diem and expenses as provided inSeclion 103.


6726.4 Immunity of members of TACEach member of each technical advisory committee shall be granted the

same immunity as is granted to a public empioyee pursuant to Articie 3(commencing with Seclion 820) of Chapter 1 of Part 2 of Division 3.6 of Titie 1 of Ihe Government Code.

[Amended, Chapter 1134, Stalules of 1985J

ProfessionalArticle

Engineers2.3.Review Committees

6728. Establishment of review committeesThe board, when it deems necessary I may establish professional engi w

neers review committees to hear all matters assigned by the board, including,but not limited to, any contested case which is assigned by the board. Eachcommittee shall exist so long as the board deems that it is necessary.

6728.1 Qualifications and size of committeeEach review committee shall consist of no fewer than three registered

professional engineers appointed by the board. Each member of a committeeshall have the same qualifications and shall be subject to the same rules andregUlations as if he were a member of the board.

6728.2. Per diem and expensesEach member of a committee shall receive a per diem and expenses as

provided in Seclion 103 of this code.

6728.3. Conduct of hearingsExcept as otherwise provided in this article, all hearings which are

conducted by a committee shall be conducted in accordance with the provisionsof Chapter 5 (commencing with Seclion 11500), Part 1, Division 3, Title 2of the Government Code.

If a contested case is heard by a committee, the hearing officer whopresided at the hearing shall be present during the committee's consideralionof the case and, if requested, shall assist and advise the committee.

6728. 4. Proposed decisions of committeeAt the conclusion of any hearing which is conducted by a commillee, the

committee shall prepare a proposed decision, in such form that it may beadopted by the board as the decision in the case, and shall transmit it to theboard. The proposed decision shall be subject to the same procedure as theproposed decision of a hearing officer under subdivisions (b) and (c) of Section 11517 of the Government Code.

6728.5. Authority for rules and regulationsThe board may adopt, amend or repeal, in accordance with the provi

sions of Chapter 4.5 (commencing with Seclion 11371), Part 1, Division 3,

5

Title 2 of the Government Code, such rules and regulations as are necessary toimplement these sections.

6728.6. Immunity provisionsEach member of a professional engineers review committee or other

board-appointed committee and any board-appointed representative of theboard shall be granted the same immunity as is granted to a public employeepursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2of Division 3.6 of Title 1 of the Government Code.

[Added, Chapter 229, Statutes of 1986J

Article 3. Application of Chapter

6730. Necessity for registrationin order to safeguard life, health, property and public welfare, any

person, either in a public or private capacity, except as in this chapterspecificaily excepted, who practices, or offers to practice, civil engineering,electrical engineering or mechanical engineering, in any of its branches inthis state, including any person employed by the State of California, or anycity, county, or city and county, who practices engineering, shall submit evidence that he is qualified to practice, and shall be registered accordingly as acivil engineer, electrical engineer or mechanical engineer by the board.

6730 •1. [Repealed, Chapter 732, Statutes of 1985]

6730.2. Requirement for r~gistered person in responsiblecharge of public sector engineering

It is the intent of the Legislature that the registration requirementswhich are imposed upon private sector professional engineers and engineering partnerships, firms, or corporation shall be imposed upon the state andany city, county, or city and county which shall adhere to those requirements.Therefore, for the purposes of Section 6730 and this chapter, at least oneregistered engineer shall be designated the person in responsibie charge ofprofessional engineering work for each branch of professional engineeringpracticed in any department or agency of the state, city, county, or city andcounty.

Any department or agency of the state or any city, county, or city andcounty which has an unregistered person in responsible charge of engineeringwork on the effective date of this section shall be exempt from this require~

ment until such time as the person currently in responsible charge is replaced.

6731 • Definition of civil engineeringCivil engineering embraces the following studies or activities in con

nection with fixed works for irrigation, drainage, waterpower, water supply,flood control, inland waterways, harbors, municipal improvements, rail~

roads, highways, tunnels, airports and airways, purification of water, sewerage, refuse disposal, foundations, framed and homogeneous structures,buildings, or bridges:

(a) The economics of, the use and design of, materials of constructionand the determination of their physical quailties.

( b ) The supervision of the construcilon of engineering structures.

6

(c) The investigation of the laws, phenomena and forces of nature.( d ) Appraisals or valuations.( e ) The preparation or submission of designs, plans and specifica

tions and engineering reports.( f) Coordination of the work of professional, technical, or special

consultants.Civil engineering also includes city and regional planning insofar as any

of the above features are concerned therein.Civil engineers registered prior to January 1, 1982, shall be autho

rized to practice all land surveying as defined In Chapter 15 (commencingwith Section 8700) of Division 3.


6731 .1. Authority to perform engineering surveysCivil engineering also includes the practice or offer to practice, either

in a pUblic or private capacity, all of the folloWing:(a) Locates, relocates, establishes, reestablishes, or retraces the

alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731,

( b ) Determines the configuration or contour of the earth's surface orthe position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of trigonometry or photogrammetry.

6731.2. Authority to offer to practice or procure land surveying work

Any registered civil engineer may offer to practice, procure, and offerto procure, land surveying work incidental to his or her civil engineeringpractice, even though he or she Is not authorized to perform that work, provided all the land surveying work is performed by, or under the direction of,a licensed land surveyor or registered civil engineer authorized to practiceland surveying. Further, any registered civil engineer may manage or conduct as manager, proprietor, or agent, a civil engineering practice which offers to practice, procure, and offers to procure, such incidental land surveying work.

6732. Restricted litlesIt is unlawful for anyone other than a professional engineer registered

under this chapter, to stamp or seal any plans, specifications, plats, reports,or other documents with the seal or stamp of a professional engineer, or to inany manner use the title "professional engineer," "registered engineer," or"consulting engineer," or any of the following branch titles: "agriculturalengineer," "chemical engineer," "civil engineer," "control system engineer,""corrosion engineer," "electrical engineer," "fire protection engineer,""Industrial engineer," "manufacturing engineer," "mechanical engineer,""metallurgical engineer," "nuclear engineer," "petroleum engineer," "qualityengineer," "safety engineer," "traffic engineer," or any combination of suchwords and phrases or abbreviations thereof unless registered hereunder.


6732.1. Exemption for use of title "Consulting Engineer"Any person who has been granted permission to use the title "consulting

engineer" pursuant to tegislation enacted at the 1963, 1965, or 1968 Regular Session is exempt from the provisions of Section 6732 as it restricts the

7

use of the title "consulting engineer: and such exemption shall apply so longas the applicant remains in practice and advises the board of any change ofaddress within 30 days of such change. The board may adopt such rules underprovisions of the Administrative Procedure Act as are necessary to imple~

ment this section.The provisions of Articles 5 (commencing with Section 6775). 6

(commencing with Section 6785), and 7 (commencing with Section 6795) ofthis chapter shall apply to all persons who are granted permission to use thetitle "consulting engineer" pursuant to legislation enacted in 1963 and 1965and the amendments to this section enacted at the 1968 Regular Session.

6732.2. Photogrammetry-use of lilte "Consulting Engineer"Any person who possesses a valid certificate to practice photogramme

try issued to him under the provisions of Chapter 15 (commencing with Section 8700) of this division may appiy for, and be issued, a certificate of authority to use the title "consuiting engineer," if all of the following requirements are satisfied:

( a) Application is made on a form provided by the board and is accompanied by the fees prescribed in Section 8805.

(b) information submitted evidences to the satisfaction of the boardthat the applicant has had five years of independent control in furnishingconsuiting photogrammetric, geodetic, or topographic surveying services orconsulting surveying services in connection with fixed works as defined inSection 6731.

Authority to use the title "consulting engineer" granted under this section does not affect authorizations made under the several provisions providedIn Section 6732.1.

Authority to use the title "consulting engineer" granted under this section shall remain valid only while its holder's basic license is valid, and if itlapses it may be renewed only as provided in Article 7 (commencing withSection 6795).

The provisions of Article 5 (commencing with Section 6775), Articie 6(commencing with Section 6785), and Article 7 (commencing with Section6795), of this chapter, shall apply to the certificates issued as provided inthis section and to the persons so certificated.

6733. Unlawful use of seal after expiration or suspensIon ofcertificate

It is unlawful for anyone to stamp or seal any plans, specifications,plats, reports, or other documents with the seal after the certificate of theregistrant, named thereon, has expired or has been suspended or revoked,unless the certificate has been renewed or reissued.

6734. Practice of civil engineeringAny person practices civil engineering when he professes to be a civil

engineer or is in responsible charge of civil engineering work.

6734.1. Practice of electrical engineeringAny person practices electrical engineering when he professes to be an

electrical engineer or is in responsible charge of electrical engineeringwork.

8

6734.2. Practice of mechanical engineeringAny person practices mechanical engineering when he professes to be a

mechanical engineer or is in responsible charge of mechanical engineeringwork.

6735. Signing and sealing of civil engineering plansAll civil engineering plans, specifications, and reports shall be

prepared by a registered civil engineer or by a subordinate under his or herdirection, and shall be signed by him or her to indicate his or herresponsibility for Ihem. in addillon to Ihe signature, all final civilengineering plans, specifications. and reports shall bear the seal or stamp ofthe regislranl, and Ihe expiration dale of Ihe certiflcale or authority. Theregistered civil engineer shall use together wiJh his or her signature or seal,Ihe Iiile "civii engineer" or, If he or she has Ihe aUlhorlly, Ihe Iiile"structural engineer" or, if he or she has the authority. the title "soilengineer." If fhe final civil engineering pians, specifications, or reporlshave multiple pages or sheets, the signature, seal or stamp, and expirationdate of the certificate or authority need only appear on the originals of theplans and on the orlgna/ titfe sheet of the specifications and reports.


6735.1. No legal duty to supervise constructionThe signing of civil engineering plans, specifications, reports, or docu·

menls which relale 10 the design of fixed works shall nol impose a legal dutyor responsibility upon the person signing the plans, specifications, reports,or documents to supervise the construction of engineering structures or theconstruction of the fixed works which are the ·subject of the plans, specifications, reports, or documents. However, nothing in this section shall precludea civil engineer and a client from entering into a contractual agreement whichincludes a mutually acceptable arrangement for the provision of constructionsupervision services. Nothing contained in this subdivision shall modify theliability of a civil engineer who undertakes, contractually or otherwise, theprovision of construction supervision services for rendering those services.

[Added, Chapter 1507, Sialuies of 1985]

6735.2. Unauthorized changesNotwithstanding Section 6735, a registered civil engineer who signs

civil engineering plans, specifications, reports, or documents shall not beresponsible for damage caused by subsequent changes to or uses of thoseplans, specifications, reports, or documents, where the subsequent changesor uses, including changes or uses made by state or local governmental agen~

cies, are not authorized or approved by the registered engineer who origi~

nally signed Ihe pians, specifications, reporls, or documents, prOVided thatthe engineering service rendered by the civil engineer who signed the plans,specifications, reports, or documents was not also a proximate cause of thedamage.

[Added, Chapter 1507, Stalutes of 19851

6735.3. Signing and sealing of electrical engineering plansAll electrical engineering plans, specifications, reports, or documents

prepared by a registered electrical engineer or by a subordinate under his orher direction shall be signed by the engineer 10 Indicate his or her responsi

9

bility for them. In addition to his or her signature, the engineer shall showhis or her registration number or the stamp of his or her seal.

[Renumbered and Amended, Chapter 1507, Statutes of 1985]

6735.4. Signing and sealing of mechanicat engineering piansAll mechanical engineering plans, specifications, reports, or documents

prepared by a registered mechanical engineer or by a subordinate under hisor her direction shall be signed by the engineer to indicate his or her responsibility for them. In addition to his or her signature, the engineer shallshow his or her registration number or the stamp of his or her seal.

[Renumbered and Amended, Chapter 1507, Statutes of 1985J

6735.5. Certification definedThe use of the word "certify" or "certification" by a registered profes

sional engineer in the practice of professional engineering or land surveyingconstitutes an expression of professional opinion regarding those facts orfindings which are the subject of the certification, and does not constitute awarranty or guarantee, either expressed or implied.


6736. Restriction on use of title "structural engineer"No person shall use the title, "structural engineer," unless he is a reg w

Istered civli engineer in this State and, furthermore, unless he has beenfound qualified as a structural engineer according to the rules and regulationsestablished therefor by the board.

6736.1. Qualifications and standards for use of titie "soil en·glneer"

(a) On or after July 1, 1984, no person shall use the title, "soii en-gineer," unless he or she is a registered civil engineer in this state and he orshe has been found qualified as a soil engineer according to the rules and reg·ulations established therefor by the board. Any registered civil engineer us·Ing the title "soli engineer" on or before Juiy 1, 1984, may, for a period oftwo years, continue to use the title "soli engineer." On and after Juiy 1,1986, no person may use the title "soil engineer," "soils engineer," or"geotechnlcai engineer," unless he or she files an application to use the appropriate title with the board and the board determines the applicant Is qualified to use the requested title.

( b ) The board shall establish qualifications and standards to use thetitle "soil engineer," "salls engineer," or "geotechnical engineer." However,each applicant shall demonstrate a minimum of four years qualifying experience beyond that required for registration as a civli engineer, and shallpass the examination specified by the board, uniess the applicant is exemptedpursuant to subdivision (d).

( c) In determining the qualifications and standards for qualificationof individual applicants to use the title "soil engineer," "soils engineer," and"geotechnical engineer" the board shall utilize a Technical Advisory Committee appointed by the board. The Technical Advisory Committee shall be com·prlsed of soli engineers, salls engineers, and geotechnical engineers, and atleast one registered clvli engineer who does not hoid a solis authority.

(d) if any registered clvli engineer furnishes satisfactory evidence ofat least six years qualifying experience in soli engineering, solis engineering, or geotechnical engineering, as determined by the board, the board shallauthortze that engineer to use the title "soli engineer." "solis engineer," or

10

"geotechnical engineer" without an examination. This subdivision shall continue in effect only until December 31, 1987.

( e ) For purposes of this section, "qualifying experience" means proofof responsible charge of soil engineering projects in at ieast 50 percent ofthe major areas of soil engineering, as determined by the boald.

( f) Nothing contained in this chapter requires existing references to"soil engineering," "soils engineering," "geotechnical engineering," "soil engineer," "soils engineer," or "geotechnical engineer," in local agency ordinances, building codes, regulations, or policies, to mean that those activitiesor persons must be registered or authorized to use the relevant title or authority.


6737. Architectural exemptionAn architect, who holds a certificate to practice architecture in this

State under the provisions of Chapter 3 of Division 3 of this code insofar ashe practices architecture in its various branches, is exempt from registration under the provisions of this chapter.

6737.1. Structure exemptions( a) This chapter does not prohibit any person from preparing plans,

drawings, or specifications for any of the following:( 1) Single-family dwellings of woodframe construction not more than

two stories and basement in height.( 2) Multiple dwellings containing no more than four dwelling units of

woodframe construction not more than two stories and basement in height.However, this paragraph shall not be construed as allowing an unlicensedperson to design multiple clusters of up to four dwelling units each to formapartment or condominium complexes where the tolal exceeds four units onany laWfully divided lot.

( 3) Garages or other structures appurtenant to buildings describedunder subdivision (a), of woodframe construction not more than two storiesand basement In height.

( 4) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems than an undue risk to thepublic health, safety or welfare is involved.

( b ) If any portion of any structure exempted by this section deviatesfrom substantial compliance with conventional framing requirements forwoodframe construction found in the most recent edition of Title 24 of theCalifornia Administrative Code or tables of limitation for woodframe construction, as defined by the applicable building code duly adopted by the localjurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations forthat portion by, or under the direct supervision of, a licensed architect orregistered engineer. The documents for that portion shall bear the stamp andsignature of the licensee who is responsible for their preparation. .


6737.2. Authority for extension of civil engtneering practiceNothing In this chapter shall prohibit a civil engineer, registered under

the provisions of this Chapter, from practicing or offering to practice anyengineering in connection with or supplementary to civil engineering studiesor activities as defined in Section 6731.

1 1

6737.3. Contractor exemption-electrical, mechanical practiceFor the purpose of this chapter 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 electrical or mechanical engineering so long as the services he holds himself out as able to perform ordoes perform, which services are subject to the provisions of this chapter,are performed on behalf of the contractor by, or under the responsible supervision of a registered electrical or mechanical engineer insofar as theelectrical or mechanical engineer practices the branch of engineering forwhich he is registered.

6737.4. Contractor exemption-electrical. mechanical designThis chapter does not prohibit a contractor, licensed under Chapter 9

(commencing with Section 7000) of Division 3, while engaged in the business of contracting for the installation of electrical or mechanical systems orfacilities, from designing such systems or facilities in accordance with apMplicable construction codes and standards for work to be performed and SUMpervised by such contractor within the classification for which his license isissued, or from preparing electrical or mechanical shop or field drawings forwork which he has contracted to perform. Nothing in this section is intendedto imply that a licensed contractor may design work which is to be installedby any other person.

6738. Authorization for engineering businesses-businessnames

( a) This chapter does not prohibit one or more civil, electrical, ormechanical engineers from practicing or offering to practice within the scopeof their registration, civil, electrical, or mechanical engineering as a saleproprietorship, partnership, firm, or corporation, (hereinalter calledbusiness), il all of the following requirements are met:

( 1) A c[vll, electrica[, or mechanical engineer currently registeredin this state is an owner, part owner, or officer in charge of the engineeringpractice of the business.

( 2 ) All engineering plans, specif[catlons, reports, and documents areprepared under the responsible charge of a registered engineer in theappropriate branch of professional engineering.

( 3) The business name 01 a Calilarnia business shall only contain thename of any person who is registered by the board in a branch of professionaiengineering, a licensed land surveyor, a licensed architect, or a geologist regIstered under the Geo[ogist Act (Chapter 12.5 (commencing with Section7800». Any offer, promotion, or advertisement by the business whichcontains the name 01 any individual in the business, other than by use 01 thename 01 an individual in the business name, shall clear[y and spec[ficallydesignate the license or registration discipline of each ind[vidual named. Anout-aI-state business with a branch allice in this state shatl have a partowner or officer who is in charge of the engineering work in the branch inthis state, who is registered in this state, and who is physicaily present at thebranch ollice in this state on a regular basis. However, the name 01 thebusiness may contain the name 01 any person not registered in this state ilthat person is appropriateiy registered in another state. Any offer,promotion, or advertisement which contains the name 01 any individual in thebusiness, other than by use 01 the names 01 the individuals in the businessname, shall clearly and specifically designate the license or registrationdiscipline of each individual named.

12

( b ) A fictitious name may be used for an engineering business if (1)the name does not confiict with paragraph (3) of subdivision (a) requiringthat names used in the business name shall be appropriateiy registeredindividuals, and (2) an organization record form Is fiied with the board.

( c) A nonregistered person may also be a part owner or an ameer of acivil, electrical, or mechanical engineering business if the requirements ofsubdivision (a) are met.

(d) This chapter does not prevent an individual or business engaged inany line of endeavor other than the practice of civil, eiectricai, or mechanicalengineering from employing or contracting with a registered civil,electrical, or mechanical engineer to perform the respective engineeringservices Incidental to the conduct of business.

( e ) This section shaH not prevent the use of the name of any businessengaged In rendering civil, eiectrical, or mechanical (sic) engineeringservices, including the use by any lawful successor or survivor, whichlawfuHy was in existence on December 31, 1987. However, the business issubject to paragraphs (1) and (2) of subdivision (a), and the business shallfile an organization record lorm with the board as designated by board rule.

( f) A business engaged in rendering civil, electricai, or mechanicalengineering services may use in its name the name of a deceased or retiredperson provided all of the foilowing conditions are satisfied:

( 1) The person's name had been used in the name of the business, or apredecessor in interest of the business, prior to and after the death or retirement of the person.

( 2 ) The person shall have been an owner, part owner, or officer ofthe business, or an owner, part owner, or officer of the predecessor in interest of the business.

( 3 ) The person shafi have been licensed as a professionai engineer, ora land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a piace of business or practice inthis state, or (8) by the applicable state board in the event no place of business existed in this state.

( 4 ) The person, if retired, has consented to the use of the -name anddoes not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, theretired person may use his or her name as the name of a new or purchasedbusiness if it is not identicai in evelJ' respect to that person's name as used inthe former business.

( 5 ) The business shail be subject to the provisions of paragraphs (1)and (2) of subdivision (a).

( 6 ) The business fifes a current organization record form with theboard.

(g) This section does not affect the provisions of Sections 6731.2 and8726.1.


6738.1. [Repealed, Chapter 671, Statutes of 1987j

6738.2 [Repealed, Chapter 671, Statutes of 1987]

6739. Exemption for officers and employees of U.S.A.Officers and employees of the United States of America practicing solely

as such officers or employees are exempt from registration under the provisions of this chapler.

13

6740. Exemption for subordinatesA subordinate to a civil, electrical or mechanical engineer registered

under this chapter, or a subordinate to a civil, electrical or mechanical en~

gineer exempted from registration under this chapter, insofar as he actssolely in such capacity, is exempt from registration under the provisions ofthis chapter. This exemption, however, does not permit any such subordinateto practice civil, electrical or mechanical engineering in his own right or touse the title, "civil engineer" or "structural engineer" or "electrical engjwneer" or "mechanical engineer" or "soil engineer."

67 41 . Exempllon for nonresidentsAny person, firm, partnership, or corporation Is exempt from regis w

tration under the provisions of this chapter who maets ail of the foilowing:( a) Is a nonresident of the State of California.(b) is legaily qUalified in anothar state to practice as a civil engineer.( c) Does not maintain a regular place of business in this state.(d) Offers to but does not practice civil engineering in this state.

6742. Exemption for real estate broker or salesmanAny person, firm or corporation holding a license as real estate broker

or real estate salesman, when. making appraisals and valuations of real estateproperties. while engaged In fhe business or acting In the capacity of a realestate broker or a real estate salesman, within the meaning of the CaliforniaReal Estate Act is exempt from registration under the provisions of thischapter.

6743. Non·applicability to surveyorsThis chapter does not alfect Chapter 15 of Division 3 of this code, re

lating to surveyors, except insofar as this chapter is expressly made appli~

cabie.

6744. Exemption for land holderThis chapter does not reqUire a registration for the purpose 6f practic

ing civil engineering, by an individual, a member of a firm or partnership,or by an officer of a corporation on or in connection with property owned orleased by the individual, firm, partnership, or corporation, unless the civilengineering work to be performed invoives the public heaith or safety or thehealth and safety of empioyees of the individual, firm, partnership or corporation.

6745. Exemption for building alterationsThis chapter does not prohibit any person, firm or corporation from

furnishing, either alone or with subcontractors, labor and materials, with orwithout plans, drawings, specifications, instruments of service or other datacovering such labor and materials:

(a) For store fronts, interior alterations or additions, fixtures,cabinet work, furniture or other appliances or equipment.

( b) For any work necessary to provide tor their installation.( c) For any ailerations or additions to any buiiding necessary to or

attendant upon the installation of such store fronts, interior alterations oradditions, fixtures, cabinet work, furniture, appliances or equipment; ProMvided, such aiterations do not alfect the structural safety of the building.

14

6746. Exemption for communications IndustryPlans, specifications, reports and documents relating to communication

lines and equipment prepared by employees of communications companieswhich come under the jurisdiction of the Public Utilities Commission, and byemployees of contractors while engaged in work on communication equipmentfor communications companies which come under the jurisdiction of thePublic Utilities Commission, are not subject to the provisions of this chap~

ter.

6747. Exemption for IndustriesThis chapter, except for those provisions which apply to civil engineers

and civil engineering, shail not be applicable 10 Ihe performance of engineering work by a manufacturing, mining, public utility, research and development or other Industrial corporation or by employees of such corporation, provided such work is in connection with or incidental to the products,systems, or services of such corporation or its affiliates.

6748. Nuclear power plants(a) Notwithstanding Section 6747, this chapter applies to engineer

ing .work approved by a person empioyed by a privately or publicly ownedutility in the planning, designing, construction, operation, or maintenance ofa nuciear powerplant which is owned or operated by the utility.

( b) Any engineering work subject to subdivision (a) shall be approved by a professional engineer registered in the appiicabie discipline ofengineering specified in Section 6732.

(Added, Chapter 368, Statutes of 1987J

Article 4. . Registration

6750. ApplicationsAn application for registration as a professional engineer or cerlitrca

tion as an engineer-in-training shail be made to the board on the prescribedform, with ail statements made therein under oath, and shail be accompaniecby the application fee prescribed by this chapler. An application for registration as a professional engineer shail specify, additionaily, Ihe branch ofengineering in which the applicant desires registration.

6751. Englneer.ln-training and professional engineer applications requirements

I a) The applicant for certification as an engineer-In-training shailcompiy wilh ail of the foilowing:

( 1) Not have committed acts or crimes constituting grounds for denialof registration under Section 480.

( 2) Successfuily pass the first division of Ihe examination. The applicant shall be eligible to sit for the first division of the examination aftersatisfactory completion of three years or more of college. or university edu~

cation in a board~approved engineering curriculum or after completion ofthree years or more of board~approved experience.

The board need not verify the appilcant's eligibiiity other than to require the applicant to sign a statement of eligibiiily on Ihe application form.

I b) The applicant for registration as a professional engineer shailcompiy with ail of the foilowing:

15

( 1) Not have committed acts or crimes constituting grounds for denialof registration under Section 480.

( 2 ) Furnish evidence of six years or more of qualifying experience inengineering work satisfactory to the board evidencing that the applicant iscompetent to practice the character of engineering in the branch for which heor she is appiying for regislralion, and successfuily pass the second divisionof the examination.

(3) The applicant for the second division of Ihe examination shailsuccessfuily pass the first division examination or shail be exempl Iherefrom.

[Amended, Chapler 1134, Stalules of 1985]

6751 .2. Foretgn applicantsThe board may consider the professional experience and education ac

quired by applicants outside Ihe United Stales which in Ihe opinion of Iheboard is equivalent 10 the minimum requiremenls of the board established byregulation for professional experience and education in this stats.

6751.5. Board criteria for approving curriculaThe board shail by rule establish Ihe crileria to be used for approving

curricula of schools of engineering.

6752. Civil engineer experience under civil engineer direction

An applicant for registration as a civil engineer must have gained hisexperience under the direction of a civil engineer legally qualified to prac·tice.

6753. Professional engineer experience/education require ..ments

With respect to applicants for registration as professional engineers,Ihe board:

(a) Shall give credit as qualifying experience of four years, forgraduation with an engineering degree from a college or university the curriculum of which has been approved by the board.

( b ) May al ils discretion give credit as qualifying experience up to amaximum of two years, for graduation with an engineering degree from anonapproved engineering curriculum or graduation with an engineeringtechnology degree in an approved engineering technology curriculum.

( c) May al its discretion give credit as qualifying experience of up toone-half year, for each year of successfully compleled postsecondary studyin an engineering curriculum up to a maximum of four years credit. A yearof study shall be al least 32 semesler units or 48 quarler units.

(d) May at its discretion give credit as qualifying experience nol Inexcess of one year, for a postgraduate degree in a schooi of engineering with aboard approved poslgraduate curriculum.

( e ) May at its dlscrelion give credit as qualifying experience for engineering teaching, nol in excess of one year, if of a character satisfaclory toIhe board.

The sum of qualifying experience credit for subdivision (a) to (e), inciusive, shall not exceed live years.

[Amended, Chapter 235, Stalules of 1987]

16

6753.5. Armed Forces experienceAll applicants shall be given equal credit for engineering experience in

the armed forces of United States as with any other comparable engineeringexperience.

6754. Examination time and placeExamination for registration shall be held at such times and places as

the board shall determine.The second division of the examination tor all branches specified in

Section 6732 shall be administered at least once each year.Work of the board relating to examination and registration may be di

vided, into committees as the board shall direct. The scope of examinations andthe methods of procedure may be prescribed by board rule.


6755. Examination requirements( a) Examination duration and composition shall De designed to con~

form to the following general principle: The first division of the examinationshall test the applicant's knowledge of appropriate funaamentai engineeringsubjects, inclUding mathematics and the basic sciences; lhe second division ofthe examination shall test the applicant's ability to apply his or her knowledge and experience and to assume responsible char~e in the professionalpractice of the branch of engineering in which the applcant Is being examined.

(b) The applicant for the second division of the examination shallhave successfully passed the first division examinatio1 or shall be exempttherefrom.

( c) The board may by rule provide for a waiver of the first divisionof the examination for applicants whose education and experience quaHfica~

tions substantially exceed the requirements of Section 6751,( d) The board may by rule provide for a waiver of the second division

of the 'examination for persons eminently qualified for registration in thisstate by virtue of their standing in the engineering coTlmunlty, their years ofexperience, and those other qualifications as the board deems appropriate.

[Amended, Chapter 1134, Statutes 01 1985]

6755.1. Second division exam requirementsThe second division of the examination for registration as a professional

engineer shall include questions to test the applicant's knowledge of state lewsand the board's rules and regulations. On and alter April I, 1988, the seconddivision of the examination for registration as a civil engineer shall also in~

elude questions to test the applicant's knowledge of seismic principles andengineering surveying principles as defined In Seclon 6731.1. No registration lor a civii engineer shail be issued by Ihe board on or alter January I,1988, to any appiicanl uniess he or she has successluily compleled questions10 tesl his or her knowledge 01 seismic principles and engineering surveyingprincipies.

The board shall administer the questions to test the applicant's knowledge of seismic principles and engineering surveying principles as a separatepart of the second division of the examination for registration as a civil engineer.

It is Ihe intent 01 Ihe Legisialure that Ihis section confirm the authority01 the board to issue registrations prior 10 Aprii I, 1988, 10 applicanls based

17

on examinations not testing the applicant's knowledge of seismic principlesand engineering surveying principles as defined in Section 6731.1.


6755.2. State laws and board rules examinationThe board shall prepare and distribule to applicants for Ihe second di·

vision of the examination, a plain language pamphlet describing the importantlaws and Ihe board's rules and regulalions regulaling Ihe praclice of profes·sional engineering in Ihe slate. ThaI porlion of the second division of Iheexamination for registration as a professional engineer, testing the applicant's knowledge 01 slate laws and Ihe board's rules and regulalions, shall bebased upon the info'malion conlained in Ihe pamphlet prepared by Ihe board.

The board shall administer the lesIon slate laws and board rules regu·laling the praclice of professional engineering in this state as a separate partof the second divisbn of the examination for registration as a professionalengineer.

[Added, Chapter 1134, Statutes of 1985]

6756. Certificate, EIT(a) An applicant for certification as an engineer-in-training shall,

upon making a passlrg grade in that division of the examination prescribed inSeclion 6755 of this chapter, relaling to fundamenlal engineering sUbjects,be issued a certificate as an engineer-In-training. No renewal or other fee,other than the applicalion fee, shall be charged for this cerlificalion. Suchcerliticate shall become invalid when the holder has qualified as a profes·sional engineer as provided in Sectlon 6762 of this chapter.

(b) An engineer~in~training certificate does not authorize the holderthereof to practice or offer to practice civil, electrical or mechanical engi~

neering work, in his own righI, or to use the Iittes specified In Seclion 6732.

6756. 1. [Repealed, Chapter 108, Statuies of 1971 j

6756.2. [Repealed, Chapler 896, Statutes of 19751

6757. Applications, multi·branchesApplicants who profess to be qualified In more than one branch of engi·

neerlng shall be require; to flte an application for each branch In which theywish 10 be registered.

6758. Applications. reexaminationsAn applicant failing In an examination may be examined again upon fil

ing a new applicalion ard the payment of Ihe applicalion fee fixed by thischapter.

6759. Comity registrationThe board, upon ap;:llication therefor, on its prescribed form, and the

payment of the application fee fixed by Ihis chapter, may issue a certificate ofregistration as a professional engineer, without written examination, to anyperson holding a certificate of registration issued to him or her by any stateor country when the applicant's qualifications meet the requirements of thischapter, and rules established by the board. The board shall not require acomity applicant 10 meet any requirement nol required of California appli·cants. For purposes of ths section, equivalent second division examinationsshall be eight·hour writter. examinalions prepared by or administered by a

18

state or territory either by single or combined branch at the level generailyadministered by the board to persons who passed or were exempted from thefirst division examination. Applicants who have passed an equivalent seconddivision combined branch or a single branch examination In a branch notrecognized for registration in California shall be registered in the branch Inwhich their experience and education indicate the closest relationship.


6760. Temporary authorizationA temporary authorization for the practice of engineering in a branch

defined by this chapter may be granted, for a specific project, upon application and payment of the fee prescribed in Section 6799 for a period not toexceed 60 consecutive days in any calendar year If the applicant compileswith ail of the following:

( a) The applicant maintains no piace of business in this state.( b ) The applicant is legaily qualified to practice that branch of engi

neering in the state or country where he or she maintains a place of business.( c) The applicant demonstrates by means of an individual appearance

before the board satisfactory evidence of his or her knowledge of the application of seismic forces In the design of structures or adequate knowledge in anyof the other phases of civil and professional engineering for which the applicant proposes to practice under the temporary authorization.

If the applicant can satisfy the board that completion of the specificproject for which the authorization Is granted, will require more than 60consecutive calendar days, the board may extend the authorization to a periodnot to exceed 120 consecutive days.

Upon completion of the requirements, the executive officer on directionof the board shall issue a temporary authorization to the applicant.

6761 . Qualilicalfon by majority votein determining the qualifications of an applicant for registration, a

majority vote of the board Is required.

6762. Certificate-professional engineerAny applicant who has passed the second division examination and has

otherwise qualified hereunder as a professional engineer, shall have a certificate of registration issued to him or her as a professional engineer in theparticular branch for which he or she Is found qualified.

[Amended, Chapter 1134, Statutes of 19851

6763. Structural, 5011, 50115, geotechnical authorityApplication for authority to use the title "structural engineer," "soil

engineer," "soils engineer,H or "geotechnical engineer" shall be made to theboard on forms prescribed by it and shall be accompanied by the applicationfee fixed by fhis chapter.

An applicant for authority to use the title "structural engineer," "soilengineer," "soils engineer," or "geotechnical engineer" who has passed theexamination prescribed by the board, or an applicant for authorily to use thetitle "soli engineer." "soils engineer." or "geotechnical engineer" whose application is submilled prior to July 1, 1986, and who has otherwise demonstrated that he or she is qualified, shall have a certificafe of authority issuedto him or her.

For purposes of this chapter, an authority fa use the title "structuralengineer," "soil engineer," "soils engineer," or "geotechnical engineer" is an

19

identification of competence and specialization (n a subspecialty of civil engineering and necessitates education or experience in addition to that requiredfor registration as a civil engineer.

[Amended, Chapter 992, Statutes of 19851

6763.5. Refund to unqualified applicantsIf an applicant for registration as a professional engineer or certifica

tion as an englneer-in~training, or for authorization to use the title"structural engineer" or "soil engineer," is found by the board to lack thequalifications required for admission to the examination for such registration, certification, or authorization, the board may, in accordance with theprovisions of Section 158 of this code, refund to him or her one-half of theamount of his or her application fee.

6764. SealEach professional engineer registered under this chapter shali, upon

registration, obtain a seal or stamp of a design authorized by the board bearing the registrant's name, number of his or, her certificate or authority, .thelegend "professional engineer" and the designation of the particular branCh orauthority in which he or she is registered, and may bear the expiration dateof the certificate or authority.


6765. Duplicate certificateA duplicate certificate of registration to replace one lost, destroyed, or

mutilatad may ba issued subject to the rules and regulations of the board. Theduplicate certificate fee fixed by this chapter shali be charged.

6766. Presumptive evidence of registrationAn unsuspended, unrevoked and unexpired certificate and endorsement

of registry made under this chapter, is presumptive evidence in all courtsand places that the person named therein is legaliy registered.

6767. [Repealed, Chapter 732, Statutes of 1985J

6767.5. [Repealed, Chapter 896, Statutes of 1975]

Article 5. Disciplinary Proceedings

6775. ComplaintsThe board may receive and investigate complaints against registered

professional engineers, and make findings thereon.By a majority vote, the board may reprove, privately or publicly, or

may suspend for a period not to exceed two years, or may revoke the certificate of any professional engineer registered hereunder:

( a) Who has been convicted of a crime substantialiy related to thequalifications, functions and duties of a registered professional engineer, inwhich case the certified record of conviction shali be conclusive evidencethereof.

( b ) Who has been found guilty by the board of any deceit, misrepresentation, violation of contract, fraud, negligence or incompetency in hispractice.

20

( c ) Whc has been found guilty of any fraud or deceit in obtaining hiscertificate.

( d) Who aids or abets any person In the violation of any provisions ofthis chapter.

(e) Who violates any provision of this chapter.

6776. Conduct of proceedingsThe proceedings under this article shall be conducted in accordance with

Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and theboard shall have all the powers granted.

6777. Certlflcate-relssuanceThe board may reissue a certificate of registration, certification, or

authority, to any person whose certificate has been revoked if a majorHy ofthe members of the board vote in favor of such reissuance for reasons theboard deems sufficient.

6778. [Repealed, Chapter 887, Stalutes of 19451

6779. Revocation upon convictionA plea or verdict of guilty or a conviction following a plea of nolo con

tendere made to a charge substantially related to the qualifications, functionsand duties of a registered professional engineer is deemed to be a convictionwithin the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the timed forappeal has elapsed, or the judgment of conviction has been affirmed on appealor when an order granting probation is made suspending the imposition afsentence, irrespective of a subsequent order under the provisions of Section1203.4 of the Penal Code allowing such person to withdraw his plea of guiltyand to enter a plea of not guilty, or seltlng aside the verdict of guilty, or dismissing the accusation, information or Indictment.

6780. [Repealed, Chapter 1667, Statutes of 1967j

Article 6. Offenses Against the Chapter

6785. Authority to investigate violationsThe board shail have the power, duty, and authority to investigate vio

lations of the provisions of this chapter.

6786. Duty to prosecuteIt 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 Is the duty of the executive officer of the board, under the direction of

the board, to aid these officers In the enforcement of this chapter.

6787. MIsdemeanors-misrepresentationEvery person is guilty of a misdemeanor and for each offense of which

he or she is convicted is punishable by a fine of not more than one thousanddoilars ($1,000) or by imprisonment not to exceed three months, or by bothfine and imprisonment:

21

( a) Who, unless he or she is exempt from registration under thischapter. practices or offers to practice civil, electrical, or mechanical engineering In this state according to the provisions of this chapter without iegal authorization.

( b ) Who presents or attempts to liie as his or her own the certificateof registration of another.

( c) Who gives false evidence of any kind to the board, or to anymember thereof, in obtaining a certificate of registration.

( d) Who impersonates or uses the seal of any other practitioner.( e ) Who uses an expired or revoked certificate of registration.( f) Who shall represent himseif or herself as, or use the tilie of,

registered civil, electrical, or mechanical engineer, or any other titlewhereby such person could be considered as practicing or offering to practicecivil, electrical, or mechanical engineering in any of its branches, unless heor she Is correspondingly qualified by registration as a civil, electrical, ormechanical engineer under this chapter.

( g ) Who, uniess appropriateiy registered, manages, or conducts asmanager, proprietor, or agent, any place of businens from which civil, elecMtrica!, or mechanical engineering work is solicited, performed, or practiced.

(h) Who uses the tilie, or any combination of such title, of"professional engineer," "registered engineer," or the branch titles specifiedin Section 6732, or the authority titles specified in Section 6763, or"engineerMlnMtraining," or who makes use of any abbreviation of such titlewhich might iead to the belief that he or she is a registered engineer, withoutbeing registered as required by this acl.

( i ) Who uses the title "consuiting engineer" without being registeredas required by this act or without being authorized to use such title pursuantto leglsiation enacted at the 1963, 1966 or 1966 Regular Session.

( j) Who violates any provision of this. chapter.[Amended, Chapter 732, Statutes of 1966]

Article 7. Revenue

6795. Certificate renewal lime periodsCertificates of registration as a profession.al engineer, and certificates

of authority, shail be valid for a period of four years from the assigned date ofrenewal. Quadrennial renewals shall be staggered on a monthly basis. Torenew an unexpired certificate, the certificate holder shall, on or before thedate of expiration indicated on the renewal receipt, apply for renewal on aform prescribed by the board, and pay the renewal fee prescribed by thischapter.


6795.1. Renewal nolicesWithin 60 to 90 days prior to the expiration of a certificate of regis

tration or certificate of authority, the board shall mail to the registrant orauthority holder a notice of the pending expiration. That notice shail inciudeapplication forms for renewai. If there Is no response by the expiration date,the board shail provide a second notice, by certified or registered mail, to theregistrant's or authority holder's address.


22

6796. Delinquent registrations, less than five yearsExcept as otherwise provided in this article, certificates of registration

as a professional engineer, and certificates of authority may be renewed atany time within five years after expiration on filing of application for re~

newal on a form prescribed by the board and payment of the renewal fee ineffect on the last preceding regular renewal date. If the certificate is renewedmore than 60 days after its expiration, the certificate holder, as a conditionprecedent to renewal, shall also pay the delinquency fee prescribed by thischapter. Renewal under this section shall be effective on the date on whichthe application is filed, on the date on which the renewal fee is paid, or on thedate on which the delinquency fee, if any, is paid, whichever last occurs.


6796.1. Suspended certificateA suspended certificate is subject to expiration and shall be renewed as

provided in this article, but such renewal does not entitle the holder of thecertificate, while it remains suspended and until it is reinstated, to engage inthe activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

6796.2. Revoked certificateA 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 holderof the certificate, as a condition precedent to its reinstatement, shall pay areinstatement fee in an amount equal to the renewal fee in effect on the lastregular renewal date before the date on which it is reinstated, plus thedelinquency fee. if any, accrued at the time of its revocation.

6796.3. Delinquent registration, over five yearsCertificates of registration as a professional engineer, and certificates

of authority to use the title "structural engineer," "soil engineer," or"consulting engineer" which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued unless· all the following apply:

( a) The registrant or certificate holder has not committed any acts orcrimes constituting grounds for denial of registration or of a certificate under Section 480. If the registrant or certificate holder has been practicingwith an expired license or delinquent license, the board may, In its discretion, deny the application for renewal, restoration, reinstatement, or reissuance, and may file a statement of issues, as described in Section 11504 ofthe Government Code, based upon the registrant's or certificate holder'spractice with an expired or delinquent license. The board may also, In Itsdiscretion, renew, restore, reinstate, or reissue a license if the applicant hasbeen practicing with an expired license or delinquent license, and the boardmay attach conditions to the renewal, restoration, reinstatement, or reissuance of the expired license or delinquent license.

( b ) The registrant or certificate holder takes and passes the examination, if any, which would be required of him or her if he or she were thenapplying for the certificate for the first time, or otherwise establishes to thesatisfaction of the board that, with due regard for the public interest, he orshe is qualified to practice the branch of engineering in which he or she seeksrenewal or reinstatement.

23

( c) The registrant or certificate hoider pays ail of the fees that wouldbe required of him or her if he or she were then appiying for the certificatefor the first time.

The board may, by regulation, provide for the waiver or refund of ail orany part of the application fee in those cases in which a certificate Is issuedwithout an examination pursuant to the provisions of this sectlon.


6796.5. Board jurisdiction-vatidfty of work-liability issuesOnce an expired or delinquent cerlificate of registration or certificate of

authority is renewed, restored, reinstated, or reissued pursuant to Section6796 or 6796.3, all the foilowing shail appiy:

( a) The board shall continue to have fuil Jurisdiction and authorityover the registrant or certificate holder as If the registration or authorityhad not expired or become deilnquenl.

( b ) The work performed by the registrant or certificate holder during a period of expiration or delinquency shall be deemed lawful and validlyperformed as to persons or entities other than the registrant or authorityholder.

( c) The renewal, restoration, reinstatement, or reissuance of a registration or certificate of authority shall not affect liability issues regardingwork performed during a period of expiration or delinquency, nor does thefact of performance during a period of expiration on delinquency affect lia~

blllty Issues.[Added, Chapter 1134, Statutes of 1985J

6796.6. Delinquent renewafs-special provlsfonsNotwithstanding any other provision of law, the board may adopt rules

to provide an opportunity from January 1, 1986, to December 31, 1987,for current delinquent registrants to have their certificate of registration orcertificate of authority renewed, restored, reinstated, or reissued. The boardmay provide a special fee including any appropriafe penalties for such action.The board may require the taking of an examination if the applicant's certificate or authority is more than five years delinquent.

[Added, Chapter 1134, Statutes of 1985)

6797. Accounting and deposit of fundsThe department shall receive and account for all money derived from the

operation of this chapter and, at the end of each month, shall report suchmoney to the State Controller and shall pay it to the State Treasurer, whoshall keep the money in a separate fund known as the Professional Engineer'sand Land Surveyor's Fund.

For accounting and recordkeeping purposes, the Professional Engineer'sand Land Surveyor's Fund shali be deemed to be a single special fund, andshall be available for expenditure only for the purposes as are now or mayhereafter be provided by law.

The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer's and Land Surveyor's Fund. All moneysin the fund are hereby appropriated for the purposes of this chapter.

6798. RefundsThe board may make refunds of all fees in accordance with Section 158

of this code.

24

6799. Fees-amou ntThe amount of the fees prescribed by this chapter shaH be fixed by the

board in accordance with the following schedule:(a) The fee for filing each application for registration as a profes

sional engineer and each application for authority level designation at notmore than one hundred seventy-five doHars ($175), and for each applicationfor certification as an englneerMin-training at not more than sixty dollars($60) .

(b) The temporary registration fee for a professional engineer at notmore than 25 percent of the application fee in effect on the date of application.

(c) The renewal fee for each branch of professional engineering inwhich registration is held, and the renewal fee for each authority level des M

ignatian held, at no more than the professional engineer application fee currently in effect.

( d ) The delinquency fee at not more than 50 percent of the renewalfee in effect on the date of reinstatement.

( e ) AH other document fees are to be set by the board by rule.Applicants wishing to be examined in more than one branch of engi

neering shall be required to pay the additional fee for each examination aftertha first.

25

HistoryAmendmenls enacled in 1985 were: 1) S8 784, Chapler 1507, Slalules

of 1985, which added Section 8761.2, effective January 1, 1986; 2) S 81349, Chapler 670, Slalules of 1985, which amended Sections 8726 and8730, effective January 1, 1986,

Amendmenls enacled in 1986 were: 1) A8 3073, Chapler 229, Stalutesof 1986, which amended Sections 8703, 8712, 8715, 8715.1, 8715.2,8715.3, 8715.4, 8729, 8731, 8761, 8764, 8764.5, 8765 and 8803, andadded Sections 8720.6, 8741.1, 8770.6, 8803.1 and 8806, effective January 1, 1987; 2) S8 2451, Chapter 248, Slatules of 1986, which amendedSection 8706, effective January 1, 1987.

Amendments enacted in 1987 were: 1) Aa 453, Chapter 804, Statutesof 1987, which amended Section 8761 (8761 in this biil supersedes sa1123, Chapter 805, Statutes of 1987, Section 8761), effective January I,1988; 2) sa 742, Chapter 582, Statutes of 1987, which amended Sections8700 and 8701, effective January I, 1988; 3) sa 1123, Chapter 805,Statutes of 1987, which amended Sections 8725, 8726, 8761 (supersededby Aa 453), 8761.1, and ~7~3, ..and a~d~~'!~9tion~ 8708 ~~d~7!4,

~ffe9tiy~~~n.uary I, 1988;/~Ij.,!Ij!)!!i!I~§~if(?/H!f?Jft5)!j.qilhl~/f;'!1~W!~~j.q{)!!,!~,~wliJqfj/raPeelef!f?ryiiiaiiiieii§eqtrqm87€~ielfeqtiye2J?ijl!ary/1l;t 9;88./" .

NotesFor the reader's convenience, all

new language adopted in 1987 is printedin italics.

28

Chapter 15. Land Surveyors


8700. Professional Land Surveyors ActThis chapter may be cited as the Professional Land Surveyors' Act.

Whenever reference is made to the Land Surveyors' Act by any statute, itshali be construed as referring to the Professional Land Surveyors' Act.


8701 . Professlonai land surveyor"Professional land surveyor" refers to one who practices or offers to

practice land surveying. Whenever reference is made to a land sUNeyor byany statute, it shalJ be construed as referring to a professional land surveyor.


8702. Defines director"Director" refers to the Director of Consumer Affairs.

8703. Defines responsible chargeThe phrase "responsible charge of work" means the independent control

and direction, by the use of initiative, skill, and independent judgment, of theobservations, measurements, and descriptions involved in land surveyingwork. The phrase does not refer to the concept of financiai liability.


8704. Defines practiceAny person practices iand surveying when he professes to be a land

surveyor or is in responsibie charge of iand surveying work.

8705. Defines subordinateA subordinate is any person directiy supervised by a licensed land sur

veyor or registered civil engineer and who assists a licensed land surveyor orregistered civil engineer in the practice of land surveying without assumingresponsible charge of work.

8706. Defines board"Board" refers to the State Board of Registration for Professionai En

gineers and Land Surveyors.[Amended, Chapter 248, Statutes of 1986]

8707. Defines executive officer"Executive officer" refers to the executive officer of the board.

29

8708. Licensure requirementIn order to safeguard property and public welfare, no person shall

pracUce land surveying unless appropriately licensed or specifically exempted from licensure under this chapter and only persons licensed underthis chapter shall be enUtled to take and use the titles "licensed land surveyor," "professional land surveyor," or "land surveyor," or any combination thereof.


Article 2. Administration

871 O. Board authorityThe State Board of Registration for Professional Engineers and Land

Surveyors is vested with power to administer the provisions and require~

ments of this chapter, and may make and enforce ruies and reguiations whichare reasonably necessary to carry out its provisions.

B711 • Record of applicationsThe executive officer of the board shail keep a compiete record of ail

applications for license and the board's action thereon.

B71 2. RosterThe executive officer shall prepare, once every two years, a roster

containing the names and addresses of all licensed land surveyors and con~

taining all the ruies and reguiations adopted by the board for the administration of this chapter. The roster shall be a part of the roster of registeredprofessionai engineers issued by the board. Between July 1 and December 1of each year, except the year in which the roster is prepared, the executiveofficer shail prepare a suppiemental roster showing changes in and additionsto the roster. The executive officer shall also prepare, at least once a year, asupplemental roster containing the names and addresses of ail i1censees whoare delinquent in paying their fees, whose licenses have expired, or who aredeceased.

Copies of the roster and the supplemental roster shail be filed with theSecretary of State.

Copies of the roster and the supplemental roster shail be available tothe general public on application to the executive officer at the price per copyfixed by the board.

The rosters shail be public records.[Amended, Chapter 229, Statutes of 1986J

8713. Clerical assistanceThe department may employ such clerical assistance under civil service

regulations as may be necessary properly to carry out and enforce theprovisions of this chapter.

8714. [Repealed, Chapter 108, Statutes of 1971 J

871 5. Technical advisory committeesThe board may establish licensed land surveyor technical advisory

committees to advise and assist the board with respect to the foilowing:( 1) The review and verification of applications for i1censure.

30

( 2 ) The evaluation and investigation of potential violations of thischapter.

(3) The amendment, repeal, adoption, or revision of board rules,regulations, policies, or procedures.


8715.1. Committee appointmentsEach member of each technical advisory committee shali be appointed by

the board and shali serve at the pieasure of the board. Each committee shalibe composed of no more than five members.


871 5.2. Committee member license requirementsEach member of each technical advisory committee shall" be licensed

under this chapter.[Amended, Chapter 229, Statutes of 1986J

8715.3. Committee compensationAli members of each technical advisory committee shali serve without

compensation but shall receive per diem and expenses as provided in Section103.


8715.4. Commfttee immunityEach member of each technical advisory committee shali be granted the

same immunity as is granted to a pubiic employee pursuant to Articie 3(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 ofTitte 1 of the Government Code.


Article 2.3.Land Surveyors Review Committees

8720. Review committeesThe board, when It deems necessary, may estabiish iand surveyors

review committees to hear all matters assigned by the board, Including, butnot iimited to, any contested case which is assigned by the board. Eachcommittee shall exist so long as the board deems that it is necessary.

8720.1. Committee appointmentsEach review committee shall consist of no fewer than three licensed land

surveyors appointed by the board. Each member of a committee shali havethe same qualifications and shali be subject to the same rules and regulationsas if he were a member of the board.

8720.2. Committee per diem and expensesEach member of a committee shall receive a per diem and expenses as

provided in Section 103.

8720.3. Committee hearingsExcept as otherwise provided in this article, ali hearings which are

conducled by a committee shall be conducted in accordance with the provisions

31

of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Titie 2of the Government Code.

if a contested case is heard by a committee, the hearing officer whopresided at the hearing shall be present during the committee's considerationof the case and, if requested, shall assist and advise the committee.

8720.4. Committee decisionsAt the conciusion of any hearing which is conducted by a committee, the

committee shall prepare a proposed decision, in such form that it may beadopted by the board as the decision in the case, and shall transmit it to theboard. The proposed decisions shall be subject to the same procedure as theproposed decision of a hearing officer under subdivision (b) and (c) ofSection 11517 of the Government Code.

8720.5. Rules and regulationsThe board may adopt, amend or repeal, in accordance with the

provisions of Chapter 4.5 (commencing with Section 11371), Part 1,Division 3, Title 2 of the Government Code, such rules and regulations as arenecessary to impiement the provisions of this article.

8720.6. Committee ImmunityEach member of a land surveyors review committee or other board

appointed committee and any board-appointed representative of the boardshall be granted the same immunity as is granted to a public employeepursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2of Division 3.6 of Tille 1 of the Government Code.


Article 3. Application of the Chapter

8725. Requirement for ItcenseAny person practicing, or offering to practice,iand surveying in this

state shall submit evidence that he or she is qualified to practice and shall belicensed under this chapter.

It is unlawful for any person to practice. offer to practice, or representhimself Of herself, as a land surveyor in this state, or to set, reset, replace,or remove any survey monument on land in which he Of she has no legalinterest, unless he Of she has been licensed or specifically exempted fromlicensing under this chapter.

[Amended, Chapter 805, Slalules of 1987]

8726. Defines survey practiceA person, including any person empioyed by the state or by a city,

county, or city and county within the state, practices land surveying withinthe meaning of this chapter who, either in a public or private capacity, doesor offers to do anyone or more of the following:

( a) Locates, reiocates, establishes, reestablishes, or retraces thealignment or elevation for any of the fixed works embraced within thepractice of civit engineering, as described In Section 6731,

(b) Determines the configuration or contour of the earth's surface, orthe position of fixed objects thereon or related thereto, by means of

32

measuring iines and angles. and applying the principles of trigonometry orphotogrammetry.

( c ) Locates. relocates. establishes. reestablishes. or retraces anyproperty line or boundary of any parcel of iand. right-of-way. easement. oralignment of those lines or boundaries.

(d) Makes any survey for the subdivision or resubdlvision of anytract of land. For the purposes of this subdivision. the term "subdivision" or"resubdivislon" shaii be defined to include. but not limited to. the definitionin the Subdivision Map Act (Division 2 (commencing with Seclion 66410) ofTitle 7 of the Government Code) or the Subdivided Lands Law (Chapter 1(commencing with Seclion 11 000) of Part 2 of Division 4 of the Businessand Professions Code).

( e) By the use of the principles of land surveying determines theposition for any monument or reference point which marks a property line.boundary, or corner, or sets, resets, or replaces any such monument orreference point.

( f) Geodetic or cadastral surveying.(g) Determines the information shown or to be shown on any map or

document prepared or furnished in connection with anyone or more of thefunctions described in subdivisions (a). (b). (c). (d). (e). and (f).

( h ) Indicates. in any capacity or in any manner. by the use of the Iitle"land surveyor" or by any other title or by any other representation that heor she practfces or offers to practice land surveying in any of its branches.

( I ) Procures or offers to procure iand surveying work for himself,herself. or others.

( j) Manages, or conducts as manager, proprietor. or agent. any placeof business from which land surveyIng work is solicited, performed. orpracliced.

(k) Determines the iniormation shown or to be shown within thedescription of any deed, trust deed, or other tilie document prepared for thepurpose of describing the limit of rea/property in connection with anyone ormore of the functions described in subdivisions (a) to (f), inciusive.

Any department or agency of the state or any city. county. ·or city andcounty which has an unregistered person in responslbie charge of iandsurveying work on the elfeclive date of the amendments made to this seclion atthe 1984-85 Regular Session of the Legislature shaii be exempt from therequirement that the person be licensed as a land surveyor until such time asthe person currently in responsible charge is replaced.

The review. approvai, or examination by a governmental entity ofdocuments prepared or performed pursuant to this section shaff be done by,or under the direct supervision of, a person authorized to practice landsurveying.

[Amended. Chapter 805. Statutes of 1987]

8726.1. Defines authority to practiceAny licensed land surveyor may offer to practice, procure, and offer to

procure civil engineering work incidental to his or her land surveyingpractice. even though he or she is not authorized to perform such work,provided all such civil engineering work is performed by or under thedirection of a registered civil engineer. Further, any licensed land surveyormay manage or conduct as manager, proprietor, or agent, a land surveyingpractice which offers to practice, procure, and offers to procure, suchincidental civil engineering work.

33

S7 2 7 . Geologic or landscape surveys exemptionSurveys made exclusively for geological or landscaping purposes, which

do not involve the determination of any property line do not constitutesurveying within the meaning of this chapter.

S7 2 S. Restriction on designSurveys authorized under this chapter do not include the design, either

in whole or in part, of any structure or fixed works embraced within thepractice of civil engineering.

S7 29. Land surveying business, business title(a) This chapter does not prohibit one or more licensed land

surveyors or civil engineers regislered in this state prior to 1982(hereinaffer called civil engineers) from practicing or 'offering to praclicewithin the scope of their licensure, land surveying as a sale proprietorship,partnership, firm, or corpora lion (he.reinaffer called business) if thefollOWing conditions are satisfied:

( 1) A land surveyor or ciVil engineer currently licensed in the stateIs an owner, part owner, or officer in charge of the land surveying practiceof the business.

( 2 ) All maps, plats, reports, descriptions, or other documents areprepared under the responsible charge of a land surveyor or civil engineer.

( 3 ) The business name of a California business shall only contain thename of a person licensed by the board as a land surveyor or regislered by theboard in any year as a civil engineer. Any offer, promotion, or advertisementby the business which contains the name of any Individual in the business,other than by use of the name of the individuai in the business name, shallclearly and specifically designate the license or registration discipline ofeach individual named. An out-ot-state business with a branch office in thisstate shall have a part owner or officer who is in charge of the land surveyingwork In this state, who is licensed in this state, and who is physically presentat the branch office in this state on a regUlar basis. However, the name of thebusiness may contain the name of a person not licensed in this state, if thatperson is appropriately iicensed in another state. Any offer, promotion, oradvertisement which contains the name of any individual in the business,other than by use of the name of the individual in the business name, shallclearly and specifically designate the license or registration discipline ofeach individual named.

(b) A fictitious name may be used for a land surveying business if(1) the name does not conffict with the provisions of paragraph (3) ofsubdivision (a) requiring that a name used in the business name shall be thatof an appropriately licensed individual, and (2) an organization record isfiled with the board.

( c) A nonregistered person may also be a part owner or an officer of aland surveying business if the conditions of subdivision (a) are satisfied.

( d) This chapter does not prevent an individual or business engaged inany line of endeavor, other than the practice of land surveying, fromemploying or contracting with a licensed land surveyor or a registered civilengineer to perform the respective land surveying services incidental to theconduct of business.

(e) This section shall not prevent the use of the name of any businessengaged in rendering land surveying services, including the use by any iawfulsuccessor or survivor, which lawfully was in existence on June 1, 1941.However, the business is subject to the provisions of paragraphs (1) and (2)

34

of subdivision (a) and the business shall file an organization record formwith the board as designated by board rule.

( f) A business engaged in rendering land surveying services may usein its name the name of a deceased or retired person if the followingconditions are satisfied:

( 1) The person's name had been used in the name of the business, or apredecessor in interest of the business, prior to the death or retirement ofthe person.

( 2 ) The person shall have been an owner, part owner, or officer ofthe business, or an owner, part owner, or officer of the predecessor ininterest of the business.

( 3 ) The person shall have been ticensed as a land surveyor or a civilengineer by the board, if operating a place of business or practice in thisstate, or by an appticable state board in the event no place of business existedin this state.

( 4) The person, if retired, has consented to the use of the name anddoes not permit the use of the name In the title of another tand surveyingbusIness in this state during the period of that consent, except that a retiredperson may use his or her name as the name of a new or purchased business,if that business is not identical in every respect to that person's name as usedin the former business.

( 5 ) The business shall be subject to paragraphs (1) and (2) ofsubdivision (a).

( 6 ) The business files a current organization record form with theboard.

(g) This section does not affect Sections 6731.2 and 8726.1.[Repealed and Added, Chapter 671, Statutes of 1987]

8730. Exemptions to licensureThe following are not required to be licensed under this chapter:( a) OHicers and employees of the United States of America, practicing

solely as those officers or employees, except when surveying the exteriorboundaries of federel lands in this state.

( b ) Insofer as he or she acts in the following capacity:( 1) Any stete, county, city, or district employee directly responsible

to a licensed land surveyor or registered civil engineer.( 2 ) Any subordinate to a land surveyor or civit engineer licensed or

registered as required by the laws of this state in so far as he or she acts as asubordinate.


8730.5. [Repealed, Chapter 1967, Statutes of 1965J


8731 . Civil engineers authorization to prectlceA registered civil engineer and a civil engineer exempt from registra

tion under Chapter 7 (commencing with Section 6700) of Division 3 areexempt from licensing under this chapter and may engage in the practice ofland surveying with the same rights and privileges, and the same duties andresponsibilities of a licensed land surveyor, provided that for civil engineerswho become registered afler January 1, 1982, they shall pass the seconddivision examination provided for in Section 8741, and obtain a land

35

surveyor's license, before practicing land surveying as defined in thischapter.


Article 4. Issuance of License

8740. ApplicationsAn application for each division of the examination for a license as a

iand surveyor shail be made to the board on ihe form prescribed by. it, withail statements therein made under oath, and shail be accompanied by theapplication fee fixed by this chapter.


8740.2. [Repeaied, Chapter 502, Statutes of 1981]

8740.5. [Repealed, Chapter 1202, Statutes of 1972]

8741 . Examination requirements and waivers( a) The first division of the examination shail test the applicant's

knowledge of fundamental surveying, mathematics, and basic science. Theboard may prescribe by regulation reasonable educational or experiencerequirements but not to exceed two years of postsecondary education in landsurveying or two years of experience in land surveying for admission to thefirst division of the examination. Applicants who have passed the engineerin-training examination, or who hold professional engineer registration, areexempt from this division of the examination.

The second division of the examination shail test the applicant's abliityto apply his or her knowiedge and experience and to assume responsibiecharge in professional practice of land surveying.

( b ) The applicant for the second division examination shail havesuccessfuily passed the first division examination, or shail be exempttherefrom, and he or she shail be thoroughiy familiar with the procedure andrules governing the survey of public lands as set forth in "Manual ofSurveying Instructions," pUblished by the Bureau of Land Management,Department of the Interior, Washington, D.C.

( c ) The board may by rule provide for a waiver of the first divisionof the examination for applicants whose education and experience qualifica~

tions substantially exceed the requirements of Section 8742.( d) The board may by rule provide for a waiver of the second division

of the examination and the assignment to a special examination for thoseapplicants whose educational qualifications are equal to, and whose experiencequalifications substantially exceed, those qualifications established undersubdivision (c). The special examination may be either written or oral, or acombination of both.

8741.1. State faws and board rules examination requirementsThe second division of the examination for licensure as a land surveyor

shall include questions to test the applicant's knowledge of state laws and theboard's rules and regulations. The board shall prepare and distribute toapplicants for the second division of the examination, a plain languagepamphlet describing the important laws and the board's rules and regulations

36

regulating the practice of land surveying In the state. That portion of thesecond division of the examination for licensure as a land surveyor whichtests the applicant's knowledge of state laws and the board's rules andregulations shall be based upon the information contained in the pamphletprepared by the board. The board shall administer the test on state laws andboard rules as a separate part of the second division examination forlicensure as a land surveyor.


8742. Education-experience requirements( a) The educational qualifications and experience in land surveying,

which an applicant for the second division examination shall possess, shall benot less than the following prescribed minima:

( 1) Graduation from a four-year curriculum with an emphasis inland surveying approved by the board or accredited by a national or regionalaccrediting agency recognized by the United States Office of Education at apostsecondary educational Institution and two years of actual experience inland surveying, including one year of responsible field training and one yearof responsible office training; or

( 2) Actual experience in land surveying for at least six years,including one year of responsible field training and one year of responsibleoffice training; or

(3) Registration as a civil engineer with two years of actuaiexperience in land surveying.

(b) With respect to applicants for license as a land surveyor, theboard:

( 1) Shall count one year of postsecondary education In land surveyingas one year of experience in land surveying up to a maximum of four years.provided the applicant has graduated from the course In land surveying andthe curriculum In land surveying is approved by the board or is accredited bya regional or national accrediting agency recognized for the purpose by theUnited States Office of Education. Each year of study in an approved or anaccredited course in land surveying without graduation shall be counted thesame as one-half year of experience.

Each applicant claiming equivalent credit for education may be requiredto produce a complete transcript of all college leval courses completed.

( 2 ) May at its discretion give credit as experience in land surveying,not in excess of two years, for successfully passing the first division of theexamination prescribed in Section 8741.

8743. References requiredThe names and addresses of at ieast four land surveyors or civil

engineers, duly qualified to practice in the place in which such practice hasbeen conducted, each of whom has sufficient knowiedge of the applicant toenable him to certify to the applicant's professional integrity, ability andfitness to receive a license, shall be submitted with the application for thesecond division of the examination.

8744. Support constllutlon-dlscharge dutiesThe applicant for the second division of the examination shall state In

his application that, should he be licensed, he will support the Constitution ofthis state and of the United States, and that he will faithfully discharge theduties of a licensed land surveyor.

37

8745 . Conduct and scopa of examinationsExaminations for Hcense shaH be held at such times and at such places

within the State as determined by board rule.The examinations may be conducted by one or more members of the

board or one or more of their duly authorized representatives.The scope of examinations and the method of procedure shail be

prescribed by board rule.

874 6 . Quallflcallon and reexaml nail onIn determining the quellflcatlons of any applicant for license, a

majority vote of the board is required.An applicant failing on examination, upon the payment of another

application fee may be examined again.

8747. Issuance of IlcenseAny applicant who has passed the examinations prescribed by the beard

shall have a suitable Hcense issued to him.( a) An appHcant who has passed the first division of the examination

shall be Issued a certificate as a land .surveyorwin-tralning. No renewal' orother fee, other than the application fee, shall be charged for this certification. A land surveyor-in-training certificate shaH not authorize the holderthereof to practice or offer to practice land surveying. No person shaH usethe title of land surveyor-in-training unless he is the holder of a vaHd landsurveyor-in-training certificate.

( b) An applicant who has passed the second division of the examination shaH be Issued a Hcense as a iand surveyor. The license shaH authorizehim to practice as a land surveyor.

8748. Comity reglstrallonThe board, upon appHcation therefor, and the payment of the appHcation

and license fees fixed by this chapter, may issue a land surveyor's license.without written examinatton, to any person who holds a valid land surveyor'sHcense issued to him by any State or cOuntry when the appHcant's· qualifications meet the requirements of this chapter and rules established by theboard.

8748.5. Refund for unqualifiedIf an applicant for license as a land surveyor or certification as a land

surveyor-in-training is found by the board to lack the qualificationsrequired for admission to the examination for such license or certification,the board may, in accordance with the provisions of Section 158 of this code,refund to him one-half of the amount of his appHcation fee.

8749. Dupllcate IlcenseA duplicate certificate of license to replace one lost, destroyed or

mutilated may be issued subject to the rules and regulations of the board. ThedupHcate certificate fee fixed by this chapter shail be charged.

8750. SealUpon being licensed, each licensee may obtain a seai of the design

authorized by the board bearing the licensee's name. number of certificateand the legend "Licensed Land Surveyor."

38

8751 . Representation only by license holderNo person shall represent himself as, or use the title of, licensed land

surveyor, land surveyor, professional engineer In land surveying, landsurvey engineer. survey engineer, geodetic engineer, or geometronlcengineer unless he Is the holder of a valid, unsuspended and unrevokedlicense.

8752. Presumptive evidence of licensureAn unrevoked, unsuspended and unexpired license, or renewal

certificate, issued by the board is presumptive evidence in all courts andplaces that the person named Is legally licensed under this chapter.

8753. Temporary flcenseA temporary license as a land surveyor may be granted, upon

application and payment of the temporary license fee fixed by this chapter, Ifthe applicant complies with each of the following provisions:

( a) The applicant maintains no place of business In this state.( b) The applicant is legally qualified to do land surveying in the state

or country where he or she maintains a place of business to do landsurveying.

( c) The applicant's practice as a land surveyor In this state does notrequire more than 60 days in anyone calendar year.

( d) The applicant notifies the board in writing of his or her intentionto practice stating the approximate date when he or she intends to commenceand the approximate length of time hear she expects to continue.

The executive officer after having determined that the applicant isqualified and has complied with the provisions of this section, may issue atemporary license to practice for a period of not to exceed 60 days.

Article 5. Surveying Practice

8760. OathsEvery licensed land surveyor or registered civil engineer may

administer and certify oaths:( a) When it becomes necessary to take testimony for the identifica

tion or establishment of old, lost or obliterated corners.( b ) When a corner or monument is found in a perishable condition,

and it appears desirable that evidence concerning it be perpetuated.(c) When the importance of the survey makes it desirable, to

administer an oath to his assistants for the faithful performance of theirduty.

A record of oaths shall be preserved as part of the field notes of thesurvey and a memorandum of them shall be made on the record of survey filedunder this article.

8761 . Use of signature and sealAny licensed land surveyor or registered civil engineer may practice

land surveying and prepare maps, plats, reports, descriptions, or otherdocumentary evidence in connection therewith. All maps, plats, reports,descriptions, or other documents issued by the licensed land surveyor orregistered civil engineer shall be signed by the surveyor or engineer toindicate the surveyor's or engineer's responsibility for them. In addition to

39

the signature, the map, plat, report, description, or other document shallbear the seal or stamp of the licensee or registrant and the expiration date ofthe license or registration. If the map, plat, report, description, or otherdocument has multipie pages or sheets, the signature, seai or stamp, andexpiration date 01 the ticense or registration need oniy appear on theoriglnais 01 the map or plat and on the title sheet 01 the report, description,or other document.

Every map, plat, report, description, or other document issued by alicensed land surveyor or registered civil engineer shall comply with theprovisions set forth in Section 8764, whenever the map, plat, report,description, or other document is filed as a public record.

It is unlawful for any person to sign, stamp, seal, or approve any map,plat, report, description, or other document unlass the person is authorizedto practice land surveying.


8761.1. Consistency of authority to sign and seatThe authority of a licensed land surveyor or registered civil engineer to

prepare, sign, issue, stamp, seal, or approve any map, plat, report,description, or other document shall be consistent with that person'sauthority to practice land surveying.

[Amended, Chapter 805, Statutes 01 1987J

8761 .2. Responsibility for subsequent changesNotwithstanding the provisions of Section 8761, a registered civil

engineer or licensed land surveyor who signs iand surveying maps, plats,reports, descriptions, or other surveying documents shall not be responsiblefor damage caused by subsequent changes to or uses of those maps, plats,reports, descriptions, or other surveying documents, where the sUbsequentchanges or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered civil engineeror licensed land surveyor who originally signed the maps, plats, reports,descriptions, or other surveying documents, provided that the engineering orsurveying service rendered by the civil engineer or land surveyor who signedthe maps, piats, reports, descriptions, or other surveying documents was notalso a proximate cause of the damage.


8762. Record of survey when requiredAfter making a survey In conformity with the practice of land

surveying, the surveyor or civil eng'ineer may file with the county surveyorin the county In which the survey was made, a record of the survey.

After making a survey in conformity with the practice of landsurveying, the licensed land surveyor or registered civil engineer shall filewith the county surveyor In the county In which the survey was made arecord of the survey reiating to land boundaries or property lines, If thesurvey discloses any of the following:

( a) Material evidence or physical change, which In whole or in partdoes not appear on any subdivision map, official map, or record of surveypreviously recorded or filed in the office of the county recorder or countysurveying department, or map or survey record maintained by the Bureau ofLand Management of the United States.

( b ) A materiat discrepancy with the information contained In anysubdivision map, official map, or record of survey previously recorded or

40

filed in the office of the county recorder or the county surveying department,or any map or survey record maintained by the Bureau of Land Management ofthe United States. For purposes of this subdivision, a "materiai discrepancy"is limited to a material discrepancy in the position of points or lines. or indimensions.

( c) Evidence that, by reasonable anaiysis, might resuit in materialiyalternate positions of lines or points, shown on any subdivision map. officialmap, or record of survey previousiy recorded or filed in the office of thecounty recorder or the county surveying department. or any map or surveyrecord maintained by the Bureau of Land Management of the United States.

( d ) The establishment of one or more points or lines not shown on anysubdivision map, official map, or record of survey, the positions of which arenot ascertainable from an inspection of the subdivision map. official map, orrecord of survey without trigonometric calculations.

( e ) The points or lines set during a survey of any parcel described inany deed or other instrument of title recorded in the county recorder's officeare not shown on any subdivision map, official map, or record of survey_

The record of survey required to be filed pursuant to this seclion shalibe filed within 90 days after the setting of boundary monuments during theperformance of a surveyor within 90 days after completion of a survey,whichever occurs first.

If the 90-day time limit contained In this section cannot be compliedwith for reasons beyond the control of the licensed land surveyor orregistered civil engineer, the 90·day lime period shaH be extended untilsuch time as the reasons for delay are eliminated. If the licensed landsurveyor or registered civil engineer cannot comply with the 90~day timelimit, he or she shail, prior to the expiration of the 90-day lime limit,provide the county surveyor with a letter stating that he or she is unable tocomply. The ielter shali provide an estimate of the date for completion of therecord of survey I the reasons for the delay, and a general statement as to thelocation of the survey. including the assessor's parcel number or numbers.

The licensed land surveyor or registered civil engineer shall notinitially be required to provide specific details of the survey. However, 'ifother surveys at the same location are performed by others which may affector be affected by the survey, the i1censed land surveyor or registered civilengineer shall then provide information requested by the county surveyorwithout unreasonabie delay.

Any record of survey fiied with the county surveyor shail, after beingexamined by him or her, be med with the county recorder.

8762.5. Record of survey-land divisionNo record of survey of land shown on the latest adopted county

assessment roll as a unit or as contiguous units, which shows a division ofsuch iand into additional parceis, shaH be filed with the county surveyor orwith the county recorder, unless there is attached thereto a certificate by thecounty surveyor If the land lies within an unincorporated area. or acertificate by the city engineer if the land lies within a city, of campHancewith the provisions of the Subdivision Map Act, Division 2 (commencing withSection 66410) of Title 7 of the Government Code, and any appllcabie localordinance enacted pursuant thereto.

8763. Record of survey-sheet requfrementsThe record of survey shaH be a map, legibly drawn, printed, or

reproduced by a process guaranteeing a permanent record in black on tracing

41

cloth, or polyester base film, 18 by 26 inches. if ink is used on polyesterbase film, the ink surface shall be coated with a suitable substance to assurepermanent legibility. A one-inch blank margin shall be left on each edge ofthe map.

8764. Record of survey-technical requirementsThe record of survey shall show the applicable provisions of the

following consistent with the purpose of the survey:(a) All monuments found, set, reset, replaced, or removed,

describing their kind, size, and location, and giving other data relatingthereto.

(b) Bearing or witness monuments, basis of bearings, bearing andlength of lines, scale of map, and north arrow.

( c, Name and legai designation of the property in whicfu the survey Islocated, and the date or time period of the survey.

( d) The relationship to those portions of adjacent tracts, streets, orsenior conveyances which have common lines with the survey.

( e , Memorandum of oaths.( f ) Statements required by Section 8764.5.( g ) Any other data necessary for the intelligent interpretation of the

various items and locations of the points. lines, and areas shown. orconvenient for the identification of the surveyor surveyor, as may bedetermined by the civil engineer or land surveyor filing the record of survey.

The record of survey shall also show, either graphically or by note, thereason or reasons, if any, why the mandatory filing provisions of subdlvi~

sions (a, to (e), inclusive, of Section 8752 appiy.The record of survey need not consist of a survey of an entire property.


8764.5. Required statementsStatements shall appear on the map as follows:

SURVEYOR'S STATEMENT

This map correctly represents a survey made by me or under mydirection in conformance with the requirements of the Land Surveyors' Act atthe request of-----:7----,;-;O---.,....,.,--.,-,-;:--- _

Name of Person Authorizing Surveyin ,19__.

(Signed and sealed) _L.S. (or R.C.E.) No. _

COUNTY SURVEYOR'S STATEMENT

This map has been examined in accordance with Section 8766 of theLand Surveyors' Act this day of , 19__.

(Signed and sealed)_-,,---:--;:- _County Surveyor

L.S. (or R.C.E., No .. _

42

RECORDERS STATEMENT

Filed this --'day of , 19__, at _' m,in Book of at page____, at the request of _~=_-,- '

(Signed) __---:=====__County Recorder

No other certificates or statements may appear on the face of the map exceptthose required or authorized by this article.


8765. Record of survey-exemptionsA record of survey is not required of any survey:(a) When it has been made by a pubiic officer in his or har official

capacity and a raproducible copy thareof, showing all data required by Section8764, except the recorder's statement, has been filed with the countysurveyor of the county in which the land is located. Any map so filed shall beindexed and kept available for pubilc inspection.

( b ) Made by the United States Bureau of Land Management.( c) When a map is in preparation for recording or shall have been

recorded under the provisions of the Subdivision Map Act.( d) When the survey is a retracement of lines shown on a subdivision

map, official map, or a record of survey I where no material discrepancieswith those records are found and sufficient monumentation Is found toestablish the precise location of property corners thereon, provided that acorner record is filed for any property corners which are set or reset orfound to be of a different character than indicated by prior records. Forpurposes of this subdivision, a "material discrepancy" is limited to amaterial discrepancy in the position of points or lines, or in dimensions.


8766. Record of survey-examfnalionWithin 20 working days after receiving the record of survey, or within

such additionai time as may be mutually agreed upon by the iand surveyor orcivil engineer and the county surveyor, the county surveyor shall examine itwith respect to ali of the following:

( a) its accuracy of mathematical data and substantiai compliance withthe information required by Section 8764.

(b) Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5,and 8772.

The examination pursuant to this section shali not require the licensedland surveyor or registered civil engineer submitting the record of survey tochange the methods or procedures utilized or empioyed in the performance ofthe survey, nor shall the examination require a fieid survey to verify thedata shown on the record of survey.

Nothing in this section shail limit the county surveyor from includingnotes expressing opinions regarding the record of survey, or the methods orprocedures utilized or emptoyed In the performance of the survey.

The examination pursuant to this section shail be performed by, orunder the direct supervision of, a licensed land surveyor or registered civilengineer.

43

8766.5. Record of survey-examlna!lon feeThe county surveyor may charge a reasonable fee for examining a

record of sUivey pursuant to Section 8766 which shali not exceed the cost ofthe service or one hundred dollars ($100), whichever is the iesser.However, this one hundred doliars ($100) maximum fee may be increased bythe board of supervisors if such an increase is authorized by a duly adoptedordinance and the ordinance was adopted pursuant to a staff reportdemonstrating that the cost of providing the examination service actuallyexceeds one hundred doliars ($100) per record of survey.

8767. County surveyor endorsementIf the county surveyor finds that the record of survey complies with the

examination in Section 8766, the county surveyor shall endorse a statementon it of his or her examination, and shall present it to the county recorder forfiiing. Otherwise the county surveyor shail return it to the person whopresented it, together with a wrillen statement of the changes necessary tomake it conform to the requirements of Section 8766. The licensed iandsurveyor or registered civil engineer submitting the record of survey maythen make the agreed changes and note those mallers which cannot be agreedupon and resubmit the record of survey pursuant to Section 8768.

8768. Record of survey explanation of differencesIf the mallers appearing on the record of survey cannot be agreed upon

by the licensed land sU/veyor or the registered civil engineer and the countysurveyor within 10 working days after the licensed land surveyor orregistered civil engineer resubmits and requests the record of survey be filedwithout further change, an explanation of the differences shall be noted on themap and it shall be presented by the county surveyor to the county tecorderfor filing, and the county recorder shail file the record of survey.

8768.5. Record of survey-timely filingIf the county surveyor fails to timely file the record of survey with the

county recorder in accordance with Section 8768, the licensed iand surveyoror registered civil engineer submitting the map may bring an action pursuantto Section 1085 of the Code of Civil Procedure to compel the filing of therecord of survey. After the licensed land surveyor or registered civilengineer resubmits and requests the record of survey be filed withoutfurther change, the filing of the record of survey shail be deemed to be aministerial act.

In any action brought pursuant to Section 1085 of the Code of CivilProcedure between a licensed land surveyor or a registered civil engineer andthe county surveyor of any county, the court may award to the prevailingparty costs and other expenses of litigation, Including the payment of expertsand other witnesses, and reasonable attorney's fees.

8769. Record of survey-ftllng costsThe charge for filing any record of survey, and for indexing the same,

shail be the same as provided for subdivided land under Section 27372 of theGovernment Code.

8770. Record of survey-filing and storageThe record of survey filed with the county recorder of any county shall

be secureiy fastened by him into a suitable book provided for that purpose.

44

He shall keep proper indexes of such record of survey by the name ofgrant, tract, subdivision or United States subdivision.

The original map shaH be stored for safekeeping in a reproduciblecondition. It shall be proper procedure for the recorder to maintain forpublic reference a set of counter maps that are prints of the originai maps,and the original maps to be produced for comparison upon demand.

8770.5. Record of survey-correctionAny record of survey filed under the provisions of this chapter may be

amended to show any course or distance that was omitted therefrom, or tocorrect any error in: course or distance shown thereon, the description of theland which the record of survey comprised, lot numbers, street names,acreages, identification of adjacent record maps, or the character ofmonuments being set, or to correct any other minor errors approved forcorrection by the county surveyor in the same manner that subdivision mapsmay be amended under the provisions of the Subdivision Map Act, Division 2(commencing with Section 66410) of Titie 7 of the Government Code.

8770.6. Defines certify/certificationThe use of the word "certify" or "certification" by a Ilcensed land

surveyor or registered civil engineer in the practice of professionalengineering or iand surveying or the preparation of maps, piats, reports,descriptions, or other surveying documents only constitutes an expression ofprofessional opinion regarding those facts or findings which are the subjectof the certification, and does not constitute a warranty or guarantee, eitherexpressed or implied.

[Added, Chapler 229, Statutes of 1986]

8771 . Record of survey-monumentationMonuments set shail be sufficient in number and durability and

efficienUy piaced so as not to be readily disturbed, to assure, together withmonuments already existing, the perpetuation or facile re~establishment ofany point or Hne of the survey. .

When adequate records exist as to the location of subdivision, tract,street or highway monuments, such monuments shaH be located andreferenced by or under the direction of a Hcensed iand surveyor or registeredcivil engineer at the time when streets or highways are reconstructed orreiocated. They shaH be reset in the surface of the new construction, asuitable monument box placed thereon, or permanent witness monuments setto perpetuate their location. Sufficient controlling monuments shall beretained or replaced In their originai positions to enabie land Hnes, propertycorners. and tract boundaries to be re-established without devious surveysnecessarily originating on monuments differing from the ones whichcurrently control the area. it shaH be the responsiblliiy of the governmentalagency or others performing construction work to provide for themanumentation required by this section. It shaH be the duty of every iandsurveyor or civil engineer to cooperate with such governmental agency Inmatters of maps, fieid notes, and other partinent records. Monuments set tomark the limiting lines of highways, roads, or streets shali not be deemedadequate for this purpose unless speciflcaHy noted on the records of theimprovement works with direct ties in bearing or azimuth and distancebetween these and other monuments of record.

45

8771.5. Record of survey-California coordinatesWhen coordinates in the California Coordinate System are shown for

points on a record of survey map the map may not be recorded unless it alsoshows, or is accompanied by a map showing, the control scheme throughwhich the coordinates were determined from points of known coordinates.

8772. Monumentation identificationAny monument set by a licensed land surveyor or registered civil

engineer to mark or reference a point on a property or land line shall bepermanently and visibly marked or tagged with the certificate number of thesurveyor or civil engineer setting it, each number to be preceded by theletters "L.S." or "R.C.E.," respectively, as the case may be or, if themonument is set by a public agency. it shall be marked with tlie name of theagency and the political subdivision it serves.

Nothing in this section shall prevent the inclusion of othsr informationon the tag which will assist In the tracing or location of the survey recordswhich relate to the tagged monument.

8773. Corner records-record of survey for "lost" corners(a) Except as provided in subdivision (b) of Section 8773.4, a

person authorized to practice land surveying in this state shall complete,sign. stamp with his or her seal, and file wifh the county surveyor orengineer of the county where the corners are situated, a written record ofcorner establishment or restoration to be known as a "corner record" forevery corner established by the Survey of the Public Lands ot the UnitedStates. except "iost corners," as defined by the Manuai of Instructions for theSurvey of the Public Lands of the United States, and every accessory to suchcorner which is found, set, reset, or used as control in any survey by suchauthorized person.

(b) After the establishment of a lost corner, as defined by the Manualof Instructions for the Survey ot the Public Lands of the United States, arecord of survey shail be fiied as set forth In Section 8764.

( c ) Any person authorized to practice land surveying in this statemay file such corner record for any property corners, property controllingcorners, reference monuments, or accessories to a property corner.

(Amended, Chapter 805, Statutes of 1987J

8773.1. Corner record formThe board shall by regulation provide and prescribe the information

which shall be necessary to be included in the corner record and the boardshall prescribe the form in which such corner record shall be presented andfiled. and the time limits within which the form shall be filed.

8773.2. Corner record filing(a) A "corner record" filed with the county surveyor or engineer

shail, after being examined by him be filed with the county surveyor.(b) The county surveyor of the county containing the corner shall

receive and record the completed corner record.( c ) The corner record filed with the county surveyor of any county

shall be secureiy fastened by him Into a suitable book provided for thatpurpose.

(d) A charge for examining, indexing and filing the corner recordmay be collected by the county surveyor, not to exceed the amount requiredfor the recording of a deed.

46

8773.3. Corner record-monument rehabilitationIn every case where a corner record is filed pursuant to Section 8773,

the licensed land surveyor or registered civil engineer shall reconstruct orrehabilitate the monument of such corner, and accessories to such corner, sothat the same shall be left by him in such physical condition that it remainsas permanent a monument as is reasonably possible and so that the same maybe reasonably expecled to be located with facility at all limes in the future.

8773.4. Corner record-sign and seal-when no recordrequired

( a) No corner record shall be filed unless the same is signed by alicensed land surveyor or registered civil engineer and stamped with his seal,or in the case of an agency of the United States government or the State ofCalifornia the certificate may be signed by the chief of Ihe survey parlymaking the survey, setting forth his official title.

(b) No corner record need to be filed when:( 1) A corner record is on file and the corner is found as described in

the existing corner record.( 2) All condilions of Section 8773 are complied with by proper

notations on a record or survey map filed in compllance with the LandSurveyor's Act or a parcel or subdivision map, in compliance with theSubdivision Map Act.

This seclion shall not apply to maps filed prior to the effeclive date ofthis section.

8774. Right of entry(a) The right of entry upon or to real properly to investigate and

utilize boundary evidence, and to perform surveys, is a right of personslegal/y authorized to practice land surveying, and it is the responsibility ofthe owner or tenant who owns or controls property to provide reasonableaccess without undue delay. The right of entry is not contingent upon theprovision of prior notice to the owner or tenant. However, the owner ortenanl shall be notified of Ihe proposed lime of entry where praclicable.

( b) The requirements of subdivision (a) do nol apply to monumentswithin access-control/ed portions of freeways.

(c) When required for a property survey, monuments within afreeway right-of-way shall be referenced 10 usable points outside the accesscontrol line by the agency having jurisdiction over the freeway whenrequested in writing by the registered civil engineer or Iicnsed land surveyorwho is 10 perform the property survey. The work shall be done within areasonable time period by the agency in direct cooperation with the engineeror surveyor and at no charge to him or her.

[Added, Chapler 805, Stalutes of 1987]

Article 5.5. Photogrammetry

8775 . Use of titleNo person shall use the title of photogrammetris! or photogrammetric

surveyor unless he holds registration as a civil engineer or licensed landsurveyor, or unless he is licensed as a photogrammetric surveyor.

47

8775.1. Photogrammetrlc servicesPersons meeting the requirements of this article may engage in and

perform all photogrammetric services garmane to this chapter, either asindividuals, employees. or as independent contractors; provided, however,that the field su""'ys to be done are performed by registered civil engineersar licensed land surveyors, and in the preparation of any topographic mapwhich contains the delineation of property corners or a property boundary orboundaries the work is certified or attested to by a registered civil engineeror land surveyor.

8775.2. Signature requiredMaps, documents, or reports prepared by, or under the direction of, a

licensed photogrammetric surveyor shall carry his signature and certificatenumber which will indicate his responsibilily for the work.

8775.3. FeesPhotogrammetric surveyor licenses shall be renewable upon payment of

the fee fixed by the board for which a renewal certificate shall be issued.Phologrammetric surveyor license fees shall be the same as those prescribedfor land surveyor's licensing; and the provisions of this chapter relating torevenue, and with respect to disciplinary proceedings, shail similarly apply.

Article 6. Disciplinary Proceedings

8780. License-suspension or revocationBy a majority vote, the board may suspend for a period not to exceed two

years, or revoke the license or certificate of any licensed land surveyor orregistered civil engineer, respectively, licensed under this chapter orregistered under the provisions of Chapter 7 (commencing with Section6700) of Division 3, whom it finds to be guilty of:

(a) Any fraud, deceit, negligence, or Incompetency in his practice ofland surveying. .

(b) Any fraud or deceit in obtaining his license.( c) Any violation of any provision of this chapter or of any other law

relating to or invoiving the practice of iand surveying.(d) Any conviction of a crime substantially related to the qualifica

tions, functions and duties of a land surveyor. The record of the convictionshail be conciusive evidence thereof.

( e ) Aiding or abetting any person In the violation of any provision ofthis chapter.

( f ) A breach of contract in connection with the practice of landsurveying.

8781 . Conduct of proceedingsThe proceedings under this article shall be conducted in accordance with

Chapter 5 of Part 1 of Division 3 of Tille 2 of the Government Code. and theboard shall have ail the powers granted therein.

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8782. [Repealed, Chapter 1667, Statutes Ot'1967J

8783. License revocation upon convictionA 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 duties of a land sUlveyor is deemed to be conviction within themeaning of this article. The board may order the license or certificatesuspended or revoked. or may decline to issue a license or certificate, whenthe time for appeal has elapsed, or the judgment of conviction has beenaffirmed on appeal or when an order granting probation is made suspendingthe imposition of sentence, irrespective of a subsequent order under theprovisions of Section 1203.4 of the Penal Code allowing such person towithdraw his plea of guilty and to enter a plea of not guilty, or selling asidethe verdict of guilty, or dismissing the accusation, information or indictment.

8784. L1cense-relssuanceThe board may reissue a license to any person, whose license has been

revoked, if a majority of the members of the board vote in favor of suchreinstatement, for reasons the board may deem sufficient.

Article 7. Offenses Against the Chapter

8790. Enforcement and prosecutionThe board shall enforce all of the provisions of this chapter and cause

the prosecution of all violations coming to Its notice.

8791 . Duty to prosecuteIt is the duty of the respective officers charged with the enforcement of

laws to prosecute all persons charged with the violation of any of theprovisions of this chapter.

8792. MisdemeanorsEvery person is guilty of a misdemeanor:(a) Who, unless he is exempt from licensing under this chapter,

practices, or oflers 10 practice, land surveying In this State without legalauthorization.

( b ) Who presents as his own, the license of another.( c) Who attempts to file as his own any record of survey under the

license of another.( d) Who gives false evidence of any kind to the board, or to any

member, in obtaining a license.( e) Who falsely Impersonates or uses Ihe seai of another practition

er, of like or different name.( f) Who uses an expired or revoked license.( g) Who vlolales any provision of this chapler.

8793. [Repealed, Chapler 1204, Statutes of 1972J

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Article 8. Revenue

8800 . Accounting and deposit of fundsThe department shall receive and account for all money derived under

the operation of this chapler and, at the end of each monlh, shall report suchmoney to the Stale Controller and shall pay il to the Slate Treasurer, whoshall keep the money in a separate fund known as the Professional Engineer'sand Land Surveyor's Fund.

For accounting and recordkeeping purposes, the Professional Engineer'sand Land Surveyor's Fund shall be deemed to be a single special fund, andshall be available for expenditure only for the purposes as are now or mayhereafter be provided by law.

The fees and civil penalties received under this chapler shall bedeposited in the Professionai Engineer's and Land Surveyor's Fund. Allmoneys in the fund are hereby approprialed for Ihe purposes of Ihis chapter.

8801 . License renewals-time periodsLicenses issued under this chapter expire every four years, if not

renewed. Quadrenniai renewais shail be staggered on a quarlerly basis. Torenew an unexpired license the Hcense holder shall on or before the date ofexpiration indicated on the renewal receipt, apply for renewal on a formprescribed by Ihe board, and pay the renewal fee prescribed by this chapter.

8802. Delinquent license, less than five yearsExcept as otherwise provided in this article, licenses issued under this

chapter may be renewed at any time within five years after expiration onfiling of application for renewal on a form prescribed by the board andpayment of the renewal fee in effect on the last regular renewal date. If thelicense is renewed more than 30 days after its expiration, the licensee, as acondition precedenl to renewal, shail also pay the delinquency fee prescribedby this chapler. Renewal under this section shali be effective on the date onwhich the application is filed, on the dale on which Ihe renewal fee· is paid, oron the dale on which the delinquency fee, if any, is paid, whichever iastoccurs. If so renewed, the license shail continue in effect through Ihe daleprovided in Section 8801 which nexl occurs after the effective date of Iherenewal, when it shall expire if it is not again renewed.

8802.1. Suspended certificateA suspended license is subject to expiration and shall be renewed as

provided in this article, but such renewal does not entitle the licensee, whilethe license remains suspended and until it is reinstated, to engage in thelicensed activity, or in any other activity or conduct in violation of the orderor judgmenl by which the ticense was suspended.

8802.2. Revoked licenseA revoked license is subject to expiration as provided in this article,

but it may not be renewed. If it is reinstated after ilS expiralion, thelicensee, as a condition precedent to its reinstatement, shall pay areinstatement fee in an amount equal to the renewal fee in effect on the lastreguiar renewai date before the date on which il is reinstated, plus thedelinquency fee, if any, accrued at the time of its revocation.

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8803. Delinquent license, over five yearsA license which is not renewed within five years after its expiration

may not be renewed, restored, reissued, or reinstated thereafter, unless allof the following appiy:

( a) The licensee has not committed any acts or crimes constitutinggrounds for deniai of licensure under Section 480. If the licensee has beenpracticing with an expired license or delinquent license, the board may, in itsdiscretion, deny the application for renewal, restoration, reinstatement, orreissuance, and may file a statement of issues, as described in Section 11504of the Government Code, based upon the registrant's or licensee's practicewith an expired or delinquent license. The board may also, in its discretion,renew, restore, reinstate, or reissue. a license if the applicant has beenpracticing with an expired license or delinquent license, and the board mayattach conditions to the renewal, restoration, reinstatement, or relssuance ofthe expired license or delinquent license.

( b ) The i1censee pays all of the fees which wouid be required ifappiying for the license for the first time.

(c) The licensee takes and passes the examination, if any, whichwould be required if applying for fhe i1cense for the first time, or otherwiseestabilshes to the satisfaction of the board that, with due regard for the publicinterest, the licensee is qualified to engage in the practice of land surveying.

The board may, by appropriate regulation, authorize the waiver orrefund of all or any part of the application fee in those cases in which alicense is issued without an examination under this section.


8803.1. Status of restored, reinstated or reissued licenseOnce an expired or delinquent license is renewed, restored, reinstated,

or reissued pursuant to Section 8803, all of the following apply:(a) The board shall continue to have full jurisdiction and authority

over the licensee as if the license had not expired or become delinquent.( b ) The work performed by the i1censee during a period of expiration

or deilnquency shall be deemed lawful and validly performed as to persons orentities other than the licensee.

(c) The renewal, restoration, reinstatement, or reissuance of ai1cense shall not affect iiabiiity issues regarding work performed during aperiod of expiration or deilnquency, nor does the fact of performance during aperiod of expiration or deilnquency affect i1abiiity issues.


8804. Renewal certificate fees-registered civil engineerThe renewal or reinstatement of any certificate of registration of a civil

engineer under Chapter 7 (commencing with Section 6700) of Division 3,who is also a licensed land surveyor, shall not include the renewal orrestoration of his land surveyor'S i1cense, without the payment of thesurveyor's renewal fee or penalty.

8804.6. Fee refundsThe board may make refunds of all fees in accordance with Seclion 158

of this code.

8805. FeesThe amount of the fees prescribed by this chapter shall be fixed by the

board in accordance with the folloWing schedule:

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( a ) The fee for filing each application for licensure as a landsurveyor at not more than one hundred seventy-five doliars ($175), and foreach appiication for certification as a land surveyor-in-training (LSiT) atnot more than sixty doliars ($60).

( b ) The temporary registration fee for a land surveyor at not morethan 25 percent of the appiication fee in effect on the date of appiication.

( c ) The renewai fee for a iand surveyor at not more than theappiication fee.

( d) The deiinquency fee at not more than 50 percent of the renewaifee in effect on the date of reinstatement.

( e) Ali other document fees are to be set by the board by rule.

8806. Grace period-delinquent licenseNotwithstanding any other provision of law, the board may adopt rules

to provide an opportunity from January 1, 1987, to December 31, 1988,for current delinquent licensees to have their licenses renewed, restored,reinstated, or reissued. The board may impose a _special fee, including anyappropriate penalties, for the license renewal, restoration, reinstatement,or reissuance. The board may require the taking of an examination if theapplicant's license is more than five years' delinquent.


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Notes

For the reader's convenience, a1lnew language adopted In 1987 is printedin italics.

54


400. Introduction.These regulations are adopted by the Board of Registration for

Professional Engineers, in order to implement and make specific theProfessional Engineers' Act and the Land Surveyors' Act, Business andProfessions Code Sections 6700 et seq., and 8700 et seq., respectively.

403. Location of Offices.The principal office of the State Board of Registration for Professionai

Engineers is 1428 Howe Ave., Suite 56, Sacramento 95825. Allcorrespondence relating to the activities of the Board, inciuding applications,renewals and remittances, shali be directed to this office.

404. Definitions.For the purpose of Ihe rules and reguialions contained in this chapter,

the following terms are defined. No deflnition contained herein authorizes thepractice of engineering as defined in Sections 6702, 6702.1, 6702.2, 6731and 6736 of the code.

(a) "Agricultural engineering" is that branch of professionalengineering which requires such education and experience as is necessary tounderstand and apply engineering principles to the design, construction, anduse of specialized equipment. machines structures and materials relating tothe agrlculturai industry and economy. It requires knowledge of theengineering sciences relating to physical properties and biological variablesof foods and fibers; atmospheric phenomena as they are related to agricultur·al operations; soil dynamics as related to traction, tillage and plantMsoHwater relationships; and human factors relative to safe design and use ofagricultural machines. The safe and proper application and use of agricultural chemicals and their effect on the environment are also concerns of theagricultural engineers. The above definition of agricultural engineering shallnot be construed to permit the practice of civil, electrical or mechanicalengineering, nor professional forestry.

( b ) "Board" means the State Board of Registration for ProfessionalEngineers.

( c) "Chemical engineering" is that branch of professionai engineeringwhich embraces studies or activities relating to the development andapplication of processes in which chemlcai or physical changes of materialsare involved. These processes are usually resolved into a coordinated seriesof unit physical operations and unit chemical processes. It is concerned withthe research, design, production, operational, organizational, and economicaspects of the above. The above definition of chemical engineering shall not beconstrued to permit the practice of civil, electrical or mechanicalengineering.

( d) "Civil engineer" refers to a person who holds a valid registrationin the branch of civil engineering, as defined in Section 6731 of the code.

( e ) "Civil engineering" is that branch of professional engineering asdefined In Section 6731 of the code.

( f ) "Code" means the Business and Professions Code.(g) Concrete Building. The term concrete building used in Section

6737.1 (d) of the code includes any building with wails, floors (exceptwhere laid on the ground) or roof of concrete of any type, whether poured inplace or precast, or whether constructed with large or small units of

55

concrete; therefore, concrete block construction comes under this term.Brick masonry, reinforced or otherwise, does not come under this term.

( h ) "Consulting engineer" refers to any professional engineer whoholds a valid registration under the provisions of the code, or a person whopossesses a valid authorization issued pursuant to Section 6732.2 of the code,or a person who holds a valid exemption from provisions of the chapter asprovided for in Sections 6704 and 6732.1 of the code.

( i ) "Control system engineering" is that branch of professionalengineering which requires such education and experience as is necessary tounderstand the science of instrumentation and automatic control of dynamicprocesses; and requires the ability to apply this knowledge to the pianning,development, operation, and evaluation of systems of control so as to Insurethe safety and practical operability of such processes. The above definition ofcontroi system engineering shali not be construed to permit the praotice ofcivil, electrical, or mechanical engineering.

( j) "Corrosion engineering" is that branch of professionalengineering which requires such education and experience as is necessary tounderstand the environmental corrosion behavior of materials; and requiresthe ability to apply this knowiedge by recommending procedures for control,protection and cost effectiveness, resulting from the investigation ofcorrosion causes or theoretical reactions. The above definition of corrosionengineering shail not be construed to permit the practice of civil, eiectrical,or mechanical engineering.

(k) "Electrical engineer" refers to a person who hoids a validregistration in the branch of electrical engineering, as defined in Section6702.1 of the code.

( i ) "Electrical engineering" is that branch of professionaiengineering described in Section 6734.1 of the code, which embraces studiesor activities relating to the generation, transmission, and utilization ofeiectricai energy, inciuding the design of electrical, eiectronic and magneticcircuits and the technical control of their operation and of the design ofelectrical gear. It is concerned with research, organizational, and theeconomic aspects of the above.

(m) "Engineer-in-training" refers to a person who has been granted acertificate as an "engineer-in-tralnlng" in accordance with Section 6756 ofthe rode.

( n ) "Fire protection engineering" is that branch of professionalengineering which requires such education and experience as is necessary tounderstand the engineering problems reiating to the safeguarding of life andproperty from fire and fire-related hazards; and requires the ability toapply this knowledge to the identification, evaluation, correction, orprevention of present or potential fire and fire reiated panic hazards inbuildings, groups of buildings, or communities, and to recommend thearrangement and use of fire resistant building materials and fire detectionand extinguishing systems, devices, and apparatus in order to protect life andproperty. The above definilion of fire protection engineering shail not beconstrued to permit the practice of civil, electrical, or mechanicalengineering.

(0) "Industrial engineering" Is that branch of professionalengineering which requires such education and experience as Is necessary toInvestigate, to design, and to evaluate systems of persons, materials andfacilities for the purpose of economical and efficient production, use, anddistribution. It requires the application of specialized engineering knowledgeof the mathematical and physical sciences, together with the principles and

56

methods of engineering analysis and design to specify, predict, and to evaluatethe results to be obtained from such systems. The above definition ofindustriai engineering shail not be construed to permit the practice of civil,electrical, or mechanical engineering.

(p) "Land surveying" is that practice defined in Section 8726 of thecode.

( q) "Land surveyor" refers to a person who holds a valid license as aland surveyor, as defined In Section 8701 of the code.

( r) "Land surveyor-in-training" refers to a person who has beengranted a certificate as a "land surveyor-in-training" in accordance withSection 8747 of the code.

(s) "Manufacturing engineering" is that branch of professionalengineering which requires such education and experience as is necessary tounderstand and apply engineering procedures in manufacturing processes andmethods of production of industrial commodities and products; and requiresthe ability to plan the practices of manufacturing, to research and deveiop thetools, processes, machines, and equipment, and to Integrate the facilities andsystems for producing quality products with optimal expenditure. The abovedefinition of. manufacturing engineering shall not be construed to permit thepractice of civil, electrical, or mechanical engineering.

(t) "Mechanicai engineer" refers to a person who holds a validregistration in the branch of mechanical engineering, as defined in Section6702.2 of the code.

(u) "Mechanical engineering" is that branch of professionalengineering, described in Section 6734.2 of the code, which deals withengineering problems relating to generation, transmission, and utilization ofenergy in the thermal or mechanical form and also with engineeringproblems reiating to the production of tools, machinery, and their productsand to heating, ventilation, refrigeration and plumbing. It is concerned withthe research, design, production, operational, organizational, and economicaspects of the above.

(v) "Metailurgical engineering" is that branch of professionaiengineering, which requires such education and experience as is necessary toseek, understand and apply the principles of the properties and behavior ofmetals in solving engineering problems dealing with the research,development and application of metals and ailoys; and the manufacturingpractices of extracting, refining and processing of metals. The abovedefinition of metailurgical engineering shail not be construed to permit thepractice of civil, electrical, or meChanical engineering.

( w ) "Nuclear engineering" is that branch of professional engineeringwhich requires such education and experience as Is necessary to apply theprinciples of nuclear physics to the engineering utilization of nuclearphenomena for the benefit of mankind; it is also concerned with the protectionof the public from the potential hazards of radiation and radioactivematerials. Nuclear engineering Is primarily concerned with interaction ofradiation and nuclear particles with matter. Nuclear engineering requiresthe appilcation of specialized knowledge of the mathematical and physicalsciences, together with the principles and methods of engineering design andnuclear analysis to specify, predict and evaluate the behavior of systemsInvolving nuclear reactions, and to ensure the safe, efficient operation ofthese systems, their nuclear products and by-products. Nuclear engineeringencompasses, but is not limited to, the planning and design of the specializedequipment and process systems of nuclear reactor facilities; and theprotection of the pUbiic from any hazardous radiation produced In the entire

57

nuclear reaction process. These activities include all aspects of themanufacture, transportation and use of radioactive materials. The abovedefinition of nuclear engineering shall not be construed to permit the practiceof civil, electrical, or mechanical engineering.

(x) "Petroieum engineering" is that branch of professionaiengineering which embraces studies or activities relating to the exploration,exploitation, location, and recovery of natural fluid hydrocarbons. It isconcerned with research, design, production, and operation of devices, and theeconomic aspects of the above. The above definition of petroleum engineeringshall not be construed to permit the practice of civil, electrical, ormechanical engineering.

( y ) "Professional engineer" refers to a person engaged in the practiceof professional engineering as defined in Section 6701 of the code.

(z) "Professional engineering" within the meaning of this chaptercomprises the following branches: Agricultural engineering, Chemicalengineering, Civil engineering, Control Systems engineering, Corrosionengineering, Electrical engineering, Fire Protection engineering, Industrialengineering, Manufacturing engineering, Mechanical engineering,Metallurgical engineering, Nuclear engineering, Petroleum engineering,Quality engineering, Safety engineering, Traffic engineering, and such otherengineering branches as the Board may establish.

(a -a) "Quality engineering" is that branch of professionai engineeringwhich requires such education and experience as is necessary to understandand apply the principles of product and service quality evaluation and controlin the planning, development and operation of quality control systems, and theapplication and analysis of testing and inspection procedures; and requiresthe ability to apply metrology and statistical methods to diagnose and correctimproper quality control practices to assure product and service reliabilityand conformity to prescribed standards. The above definition of qualityengineering shall not be construed to permit the practice of civil, electrical,or mechanical engineering.

( b - b) "Safety engineering" is that branch of professional engineeringwhich requires such education and experience as is necessary to- understandthe engineering principles essential to the identification, elimination andcontrol of hazards to man and property; and reqUires the ability to apply thisknowledge to the development, analysis, production, construction, testing,and utilization of systems, products, procedures and standards in order toeliminate or optimally control hazards. The above definition of safetyengineering shall not be construed to permit the practice of civil, electrical,or mechanical engineering.

(c - c) "Soil engineer" refers to a registered civil engineer who holds avalid authorization to use the title "soil engineer", as provided in Section6736.1 of the code.

(d-d) "Soil engineering", as it relates to the authorization to use thetitle "soil engineer", Is the Investigation and engineering evaluation of earthmaterials including soil, rock, groundwater and man-made materials andtheir Interaction with earth retention systems, structural foundations andother civil engineering works. The practice involves application of theprinciples of soil mechanics and the earth sciences, and requires a knowledgeof engineering laws, formulas, construction techniques and performanceevaluation of civil engineering works influenced by earth materials.

The terms "geotechnical engineer" and "soils engineer" are deemed to besynonymous with the term "soil engineer".

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(e - e) "Structural engineer" refers to a registered civil engineer whoholds a valid authorization to use the title "structural engineer," as providedin Section 6736 of the code.

(f - 1) "Structural engineering" Is defined as the investigation of. thedesign of, the selection of, and construction supervision of the forceMresisting and loadMsupporting members, of structures such as foundations,walls, columns, slabs, beams, girders, trusses, and similar members wheresuch investigation, design, selection, and supervision reqUires a knowledge ofengineering iaws, formuiae, and practice, a knowledge of the methods used intheir erection.

(g -g) "Traffic engineering" is that branch of professional engineeringwhich requires such education and experience as is necessary to understandthe science of measuring traffic and travel and the human factors relating totraffic generation and flow; and requires the abiiity to apply this knowiedgeto the planning, operating, and evaluating streets and highways and theirnetworks, abutling lands and interrelationships with other modes of travel,to provide safe and efficient movement of people and goods. The abovedefinition of traffic engineering shall not be construed to permit the practiceof civil, electrical, or mechanical engineering.

4 a4.1 • Definition of Responsible Charge for ProfessfonalEngineers.

As used in the Professional Engineers Act, the term "responsiblecharge" directly relates to the span or degree of control a professionalengineer is required to maintain while exercising independent control anddirection of professional engineering work, and to the engineering declsionswhich can be made only by a professional engineer.

(a) Span of Control. The span of control necessary to be inresponsible charge shall be such that the engineer:

( 1) Personally makes engineering decisions, or reviews and approvesproposed decisions prior to their implementation, including consideration ofalternatives, whenever engineering decisions which could affect the health,safely or welfare of the pubilc are made.

In making engineering decisions, the engineer must be physicallypresent or through the use of communication devices be available in areasonable period of time.

( 2) Judges the qualifications of technical specialists and the vaildltyand applicability of their recommendations before such recommendations areincorporated in the work.

( b ) Engineering Decisions. The term "responslbie charga" reiates toengineering decisions within the purview of the Professional Engineers Actand does not refer to management controi in a hierarchy of professionalengineers except as each of the individuals in the hierarchy exercisesindependent engineering judgment and thus responsibie charge. it does notrefer to such administrative and personnel management functions asaccounting, labor relations, performance standards, marketing of service andgoal setting. While an engineer may also have such duties in this position, itshouid not enhance or decrease one's status of being in responsible charge ofthe work. The phrase does not refer to the concept of financial liability.

Engineering decisions which must be made by and are the responsibiiltyof the engineer In responsible charge are those decisions concerningpermanent or temporary work which would create a hazard to i1fe, health,property or pubilc welfare, and may inciude, but are not i1mited to:

59

( 1) The selection of engineering alternatives to be investigated andthe comparison of alternatives for engineering works.

( 2 ) The selection or development of design standards or methods, andmaterials to be used.

( 3) The seleclion or development of techniques or methods ot teslingto be used in evaluating materials or completed works, either new orexisting.

(4) The review and evaluation of manufacturing, fabrication orconstruction methods or controls to be used and the evaluation of test results,materials and workmanship insofar as they affect the character and integrityof the completed work.

( 5) The development and control of operaling and maintenanceprocedures.

Such engineering decisions are those generally made at the project levelor higher.

( c ) Responsible Charge Criteria. As a test to evaluate whether anengineer is in responsible charge, the following must be considered: Theprofessional engineer who signs engineering documents must be capable ofanswering queslions asked by equally qualified engineers. These queslionswould be relevant to the engineering decisions made during the individual'sparticipation in the project, and in sufficient detail to leave little question asto the engineer's technical knowledge of the work performed. It is notnecessary to defend decisions as in an adversary situation, but only todemonstrate that the individual (in responsible charge) made them andpossessed sufficient knOWledge of the project to make them.

Examples of questions to be answered by the engineer could relate tocriteria for design, methods of analysis, methods of manufacture andconstruction, selection of materials and systems, economics of alternatesolutions, and environmental considerations. The individual should be able toclearly define the span or degree of control and how it is exercised bothwithin the organization and geographically and to demonstrate that theengineer is answerable within said span or degree of control.

404.2. Definition of Responsibte Charge for Land Surveyors.The term "responsible charge" directly relates to the span or degree of

control a licensed land surveyor is reqUired to maintain while exercisingindependent control and direclion of land surveying work, and the landsurveying decisions which can be made only by a licensed land surveyor.

( a) Span of Control. The span of control necessary to be inresponsible charge shall be such that the land surveyor:

( 1) Personally makes land surveying decisions, or reviews andapproves proposed decisions prior to their implementation, includingconsideration of alternatives, whenever land surveying decisions which couldaffect the health, safety or welfare of the public are made.

In making land surveying decisions, the land surveyor must bephysically present or through the use of communication devices be availablein a reasonable period of time.

( 2 ) Judges the qualifications of technical specialists and the validityand applicability of their recommendations before such recommendations areincorporated in the work.

( b ) Land Surveying Decisions. The term "responsible charge" relatesto Land Surveyors' Act and does not refer to management control in ahierarachy of those persons authorized to practice land surveying except aseach of the individuals in the hierarchy exercises independent land surveying

60

judgment and thus responsible charge. It does not reter to such admInIstrative and personnel management functions as accounting, labor relations,performance standards, marketing of service and goai setting. While a personauthorized to practice land surveying may also have such duties in thisposition, it shall not enhance or decrease one's status of being in responsiblecharge of the work. The phrase does not refer to the concept of financialliability.

Land surveying decisions which must be made by and are theresponsibility of the land surveyor in responsible charge are those decisionsconcerning permanent or temporary work which would create a hazard tolife, health, property or public welfare, and may include, but are not limitedto:

( 1) Seiecting the methods, procedures, and accuracies of field work.Determining calcuiation and adjustment methods.

( 2 ) Specifying the format and information to be shown on maps ordocuments furnished in connection with land surveying. Reviewing thesufficiency and accuracy of the work product.

( c ) Responsibie Charge Criteria. As a test to evaluate whether aperson authorized to practice land surveying is in responsible charge, thefollowing must be considered: The land surveyor who signs surveyingdocuments must be capable of answering questions asked by equally qualifiedland surveyors. These questions would be relevant to the decisions madeduring the individual's participation in the project, and in sufficient detail toieave lillie question as to the land surveyor's technical knowledge of the workperformed. It is not necessary to defend decisions as in an adversarysituation, but only to demonstrate that the individual in responsible chargemade them and possessed sufficient knowledge of the project to make them.

Examples of questions to be answered by the land surveyor couid reiateto criteria for design, methods of analysis and conclusions made including,but not limited to, the retracement of government surveys, interpretationand construction of deeds, application of proportion methods and analysis ofevidence related to unwritten property rights.

The individuai shall be able to ciearly define the span or degree ofcontrol and how it is exercised both within the organization andgeographically and to demonstrate that the land surveyor is answerablewithin said span or degree of control.

405. Delegation of Certain Functions.( a) Whenever it is stated in these rules that the "board" mayor shall

exercise or discharge any power, duty, purpose, function, or jurisdiction,the board specifically has reserved the same for its own, exclusive action.

(b) Whenever it is stated the "executive officer" mayor shallexercise or discharge any power, duty, purpose, function"or jurisdiction,the executive officer of the board has the authority to act thereon.

( c ) Any party in interest may appeal to the board for review of theactions and decisions of the executive officer.

(d) Nothing herein prohibits the executive officer from re-delegatingto his/her subordinates as provided in Section 18572 of the GovernmentCode.

(e) The power and discretion conferred by law upon the board toreceive and file accusations; Issue notices of hearing, statements torespondent and statements of issues; receive and file notices of defense;determine the time and place of hearings under Section 11508 of theGovernment Code, issue subpoenas and subpoenas duces tecum, set and

61

calendar cases for hearing and perform other functions necessary to thebusinesslike dispatch of the business of the board In connection withproceedings under the provisions of Sections 11500 through 11528 of theGovernment Code, prior to the hearing of such proceedings; and thecertification and delivery or mailing of copies of decisions under Section11518 of said Code are hereby delegated to and conferred upon the executiveofficer, or to his/her designee.

407. Fees.( a) All fees required by provisions of the code as impiemented by the

.board shall be transmitted by money order, bank draft or check, payabie tothe Department of Consumer Affairs, at Sacramento.

( b ) The foiiowing is the prescribed appiication fee for:( 1) Authority to use the titie "structural engineer" $160( 2 ) Registration as a professional engineer $11 5( 3) License as a land surveyor $11 5( 4) Certification as an engineer-In-training or as a land

su rveyor~ in~ tra ining $ 6 a( c) The four-year renewal fee for licensing periods starting on or

after July 1, 1986, shall be $115.( d) Fees required under provisions of this ruie transmitted through

the United States maii shall be deemed flied on the date shown by the postoffice cancellation mark stamped on the envelope containing it, or on the datemailed if satisfactory proof is made that mailing occurred on an earlier date.

( e ) Renewal appiications flied with the board more than thirty (30)days after 12 midnight on the expiration date pursuant to the Land Surveyors'Act (Business and Professions Code Section 8700 et seq.), and more thansixty (60) days after 12 midnight on the expiration date pursuant to theProfessional Engineers Act (Business and Professions Code Section 6700 etseq.), and not accompanied by the prescribed deiinquent penalty fee equal to50% of the renewal fee but not more than $25, shall be returned by theexecutive officer with a statement of the reason therefor.

( f ) Refund of fees submitted to the board shall be made only asfoiiows:

( 1) Any appiication fees or penalties imposed and coiiected iIIegaiiy,by mistake, inadvertence or error shall be refunded in full.

( 2) An applicant for registration as a professional engineer, forlicense as a land surveyor, for permission to use the title "structuralengineer" or soil engineer, for certification as an engineer~in-training orfor certification as a land surveyor-in-training found not eligible foradmission to the examination requested is entitled to a refund of one~half ofthe appiicatlon fee. Upon request, one-half of the application fee shall berefunded to the estate of an applicant who dies prior to taking an examination.

408. Meetings.( a) The board will normally meet monthly at a time and place within

Caiifornia designated by the president.( b ) Special meetings of the board may be called from time to time by

the president when, In his/her opinion, it is necessary. Special meetingsmay also be called by the executive secretary upon a written request signedby two board members.

( c) All meetings will be noticed in accordance with the requirementsof the Bagley-Keene Open Meeting Act (Government Code Sections 11120 etseq.).

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410. Certificates.( a ) Certificates and licenses will be Issued in the order In which the

applicants quaiify.( b ) A duplicate of a certificate issued in accordance with Chapters 7

or 15 of Division 3, of the code, will be issued to replace one lost, destroyedor mutiiated, upon a written request accompanied by a fee of $3 and anaffidavit verifying the loss, destruction or mutilation of the previouscertificate. The affidavit of lost license must be submitted on a form providedby the Board.

O:O::·..::;:····_j 00<'''::::'''\w,_, .... ,••,.; w" II .. " ,.=

I"".,> 'I,,,,,,,

411. Seal.( a) The seal authorized by Section 6764 of the

code. for use by professional engineers, including thosewith authority to use the title, "structural engineer,"may be purchased, by the registrant, from anyconvenient source, but shall be either of the design A ordesign B as shown here and shall be not less than oneand one~half (1 1(2) inches in diameter.

( b ) The seal authorized by Section 8750 of the codefor use by land surveyors may be purchased by the licenseefrom any convenient source, but shall be of the design shawnhere and shall not be less than one and one-half (1112) Inchesin diameter.

( c ) The seal may either be a rubbar stamp or of theembossing type.

A 8

0·· .."'····:- ..., ~

., ~

-""" .. ",.-

4 1 2 . Address Change.Each parson who Is an applicant for, or a holder of. a certificate or

license issued by the board under provisions of Chapters 7 and 15, Division3, of the code. shall file his/her address with the board office. Within thirty(30) days after changing addresses, stha shall notify the board office of suchchange.

413. Approval of Engineering Disciplines.(a) Proceedings for approval of an engineering discipline for

coverage under the Professional Engineers' Act may be commenced pursuantto a resolution adopted by the board, or by the filing of a petition addressed tothe board.

( 1) If commenced pursuant to a resolution of the board. or bypetition, the rasolution or petition shall: (A) state the name of theengineering discipline to be considered, (B) set forth a discriminatorydefinition of the engineering discipline; and (C) state the necessity forcoverage of the engineering discipline under the Professional Engineers' Actfor protection of the public health and safety.

( 2) If commenced by petition, the petition shall contain, In addition torequlremants In (a)(1) above:

( A) state the minimum suggested qualifications considered adequatefor initial registration without examination,

( B ) state the estimated number of persons to be registered In theengineering discipline. and

63

(C) bear the signatures and addresses of the signers, aii of whomshaii be legal residents of the State of California.

The petition may consist of any number of separate instruments each ofwhich must comply with aii requirements for a petition. The filing fee forsuch petition is $1500.

(b) Except as hereinafter provided, the board shall, within areasonable time foiiowing the adoption of a resolution or the filing of apetition bearing 100 or more signatures, fix the time and place for a hearingon the resolution or petition. The board shaii not be required to hold ahearing on a petition bearing less than 100 signatures but may in itsdiscretion do so.

The board may reject any petition that does not meet the requirementsset forth above. If the petition is rejected because it is not compiete the fitingfee wiii be returned.

( c ) Every hearing under this section shaii be heard by the board witha hearing officer on the staff of the Office qf Administrative Hearingspresiding. The proceedings at the hearing shaii be reported by a phonographic reporter.

(d) The board shaii set out its decision in writing. The board maydecide to: (1) approve the engineering discipline for coverage under theProfessional Engineers' Act, (2) absorb the engineering discipline into oneor more of the existing approved disciplines; or (3) reject the proposedengineering discipline. In the event of either (1) or (2), above, the board'sdecision may include amendments to the name and to the definition of theengineering discipline.

41 4. Practice and Title Protection.( a) Engineering practice protection:( 1) The offer to practice or the practice of civil, eiectrical and

mechanical engineering as defined in the code and in Section 404 of theseregUlations is restricted, unless specifically exempted, to civil engineers,electrical engineers and mechanical engineers appropriately registered bythe board.

( 2 ) A civii engineer registered by the board may offer to practice orpractice mechanical or electrical engineering in connection with orsupplementary to his/her civil engineering practice.

(3) An engineer registered with the board may offer to practice orpractice engineering in any of the engIneering branches except as noted in(a)(1) above. He/she may not, however, use the titles set forth in Section6704 of the code and defined in Section 404 of these regulations unlessappropriately registered by the board.

(b) Title protection:( 1) Use of the titles of any of the disciplines iisted in Rule 404(d).

and 404(f) through (1) is restricted to persons appropriately registered orlicensed by the board.

(2) Consulting engineer refers to any professional engineerregistered by the board, or a person who holds an exemption under Sections6732.1 or 6732.2 of the code.

(3) Persons eligible to practice electrical and mechanicalengineering, by virtue of an exemption, are nonetheless restricted fromusing such titles unless appropriately registered by the board.

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41 5. Practice Within Area of Competence.A professional engineer or land surveyor registered or licensed under

the Code shall practice and perform engineering or land surveying work onlyin the field or fields In which s/he is by education and/or experience fullycompetent and proficient.

Nothing in this reguiation shall be construed: (1) to prohibit aprofessional engineer from signing plans which include engineering work inareas other than that in which s/he is fully competent and proficient, if suchwork was performed by other engineers who were fuily competent andproficient in such work; (2) to prohibit a professional engineer fromperforming engineering work or a land surveyor from performing landsurveying work in areas which involve the application of new principles,techniques, ideas or technology; (3) to prohibit a professional engineer fromsupervising other engineers or a land surveyor from supervising other landsurveyors who may respectively be performing engineering work or landsurveying work in areas other than those in which the supervisingprofessional engineer or supervising land surveyor is fully competent andproficient; and (4) to prohibit a professional engineer from signing planswhich include engineering work, portions of which were designed or requiredby any governmental agency.

416. Substantial Relationship Criteria.For the purpose of denial, suspension, or revocation of the registration

of a professional engineer or the license of a land surveyor pursuant toDivision 1.5 (commencing with Section 475) of the Business and ProfessionsCode, a crime or act shall be considered substantially related to thequalifications, functions, and duties of a professional engineer or licensedland surveyor if, to a substantial degree, it evidences present or potentialunfitness of a professional engineer or land surveyor to perform thefunctions authorized by his or her registration or license in a mannerconsistent with the public health, safety, or welfare. Such crimes or actsshall include, but not be limited to, those Involving the following:

(a) For professional engineers, any violations of the provisions ofChapter 7, Division 3, of the Code, or aiding and abelting any person in such aviolation;

( b ) For land surveyors, any violations of the provisions of Chapter15, Division 3, of the Code, or aiding and abetting any person in such aviolation:

( c ) A conviction of a felony arising from or in connection with thepractice of professional engineering or land surveying.

418. Criteria for Rehabilitation.( a) When considering the denial of an application for registration as a

professional engineer, or for licensure as a land surveyor, or for authorityto use the title "structural engineer", under Section 480 of the Code, theBoard will consider the following criteria in evaluating the rehabilitation ofthe applicant and his/her present eligibility for such a registration,licensure, or authority:

( 1) The nature and sevarity of the act(s) or crime(s) underconsideration as grounds for denial.

( 2) Evidenca of any act(s) committed sUbsequant to the acl(s) orcrime(s) under consideration as grounds for denial which could also be

65

considered as grounds for denial under Section 480 of the Business andProfessions Code.

( 3) The time that has elapsed since commission of the act(s) orcrime(s) referred to In subdivision (1) or (2).

( <I) The extent to which the applicant has complied with any terms ofparole, probation, restitution, or any other sanctions lawfuily imposedagainst the applicant.

( 5 ) Any evidence of rehabilitation submitted by the applicant.( b ) When considering the suspension or revocation of the registration

of a professional engineer or the license of a land surveyor, under Section490 of the Code, the Board wiil consider the foilowing criteria in evaluatingthe rehabilitation of such person and his/her present eligibility to retainhis/her registration or license:

( 1) The nafure and severity of the act(s) or crime(s) underconsideration as grounds for suspension or revocation.

( 2) Evidence of any act(s) committed subsequent to the act(s) orcrime(s) under consideration as grounds for suspension or revocation whichcould also be considered as grounds for suspension or revocation underSection 490 of the Code.

(3) The time that has elapsed since commission of the act(s) orcrime(s) referred to In subdivision (1) or (2).

( 4) The extent to which the licensee has complied with any terms ofparole, probation, restitution, or any other sanctions lawfully imposedagainst the license.

( 5) Any evidence of rehabilitation submitted by the licensee.( 6) Totai criminal record.( 7 ) If applicable, evidence of expungement proceedings pursuant to

Section 1203.4 of the Penal Code.(c ) When considering a petition for reinstatement of the registration

of a professional engineer or of the license of a land surveyor, the board shallevaluate evidence of rehabilitation submitted by the petitioner, consideringthose criteria specified in subsection (b).

41 9. Notification of Disciplinary Action.( a) As a condition of staying an order which suspends or revokes a

registration or i1cense on any of the grounds specified in subsection (b), theboard shail require a registrant or licensee to provide the board, not laterthan 30 days after the decision becomes effective, with evidence that suchpersoli has notified ail clients and employers with whom he or she has acurrent or continuing contractual or employment relationship of the offense.findings and discipline imposed and to provide the board with the name andbusiness address of each person required to be so notified.

( b ) The requirements in subsection (a) shall apply to all suspensionsor revocations which are based on any of the following grounds:

( 1) Conviction of a felony that is substantially related to the practiceof engineering or land surveying, as appropriate.

( 2) Deceit or misrepresentation In the practice of engineering or landsurveying, as appropriate.

(3) Fraud.( 4) Incompetency.

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Article 2. Applications

420. Applications.(a) Applications for certification, for licensure, for registration, or

for a certificate of authority shali ba:( 1) Filed on a form prescribed by the executive secretary and shali

be fypewritten.( 2 ) Filed at the Sacramento office of the board and accompanied by the

required application fee.(3) Made ouf properly in every respect and must contain full

information.( 4) Subscribed and certified to "under penaity of perJury" as

provided by Section 2015.5 of the Code of Civil Procedure.( b ) An application made otherwise wiil not be acceptabie by the board

and it may be returned by the executive secretary with a statement of thereason therefor.

(c) Upon evaluation of the applicant's qualifications, his/herexamination results and any other supporting data, his/her application willbe either:

( 1) Denied without prejudice, and the application fee retained by theBoard for the Professional Engineers' Fund.

( 2 ) Approved, and he/she will be granted the certification for whichapplication was made.

( d) The Board may request each applicant to provide the Board with acurrent photograph after an applicant has become licensed or registered.

421 • Refile Application.( a) The executive secretary may prescribe a short application form

for use of those applicants who, failing an examination. apply within areasonable period of time after the date of the examination previously fall ed,for re-examination. This application form may be known as a retileapplication form. The applicant and his application for re-examination shalibe subject to the same provisions of the code and rules of the board, wheneverapplicable, as govern the filing of an origlnai application.

(b) The applicant for re-examination shali be assigned by theexecutive secretary to the next scheduled examination for which his/herapplication qualifies him/her.

422. Final Filing Dale.( a) An application filed with the board after the final filing date

announced for an examination shall not be considered for such examination.( b ) Whenever the final filing date announced for an examination falis

upon a Saturday, Sunday or holiday, it shali be extended to the next businessday following.

( c ) If an application is filed with the board through the United Statesmail, it shall be deemed filed on the date shown by the postoffice canceliationmark stamped on the envelope containing it, or on the date mailed ifsatisfactory proof is made that the mailing occurred on an earlier date.

424.(a)

rula 404,

Experience.The several branches of professional engineering described in

herein, overlap and some activities are common to two or more

67

branches of professional engineering. Experience in such overlappingactivities may be used in· securing registration in either branch but cannot beused more than once. The only exception to this is experience credit foreducation. Qualifying education entitles a candidate to experience credit andthis experience credit can be used again even though it has already been usedto qualify for another exam.

( b ) An applicant for registration as a professional engineer may becredited with four years' experience toward the six years necessary foradmission to the professional examination either by graduation from anapproved engineering curriculum or by passing the engineer~in-training

examination. They may not be combined. The additional two years of actualwork experience shall have been gained after graduation from an approvedengineering curriculum or after passing the engineer-in-trainingexamination, whichever has first occurred.

( c ) Qualifying experience is that experience satisfactory to the Boardwhich has been gained while performing engineering tasks on a full-timebasis under the direction of a professional engineer.

(d) An applicant for licensure as a land surveyor must fulfill theeducational and experience requirements outlined in Section 8741 and 8742of the Code performing two or more of the activities listed in Section8726(a)-(f). The experience requirements must be gained under theimmediate direction and supervision of a person qualified to practice landsurveying.

Applicants who have passed the land surveyor in training examinationmay be credited with two years land surveying experience toward the sixyears necessary for licensure.

( e ) Computation of qualifying experience for license as a landsurveyor, for registration as a professional engineer, or for authority to usethe title "structural engineer" shall be to the date of filing of the application;or it shall be to the final filing date announced for the examination if theapplication is filed within a period of thirty (30) days preceding the finalfiling date announced for such examination.

426. Applicant for Structural Authority.( a) The applicant for authority to use the titie "structural engineer"

must have valid registration as a civil engineer in this State.( b ) S/he shall submit evidence satisfactory to the board that s/he has

been In responsible charge of structural engineering work for at least threeyears subsequent to the date of examination which s/he passed to gainregistration as a civil engineer.

(c) Checking of structural plans on major projects, wili beconsidered as "responsible charge" when done under the immediatesupervision of, and certified to, by a registered civil engineer havingauthority to use the title "structural engineer".

(d) The applicant who has not held valid registration in Caiifornia asa civil engineer for three or more years shall have his/her applicationreturned by fhe executive secretary with a statement of the reason therefor,unless the applicant may quaiify under subsection (e) beiow.

( e ) The board may consider an application for authority to use thetitle "structural engineer" submitted sooner than three years afterregistration as a civil engineer in California by a person who has experiencecommensurate with the requirements of subsection (b) or (c) above:

( 1) Subsequenf to his/her registration as a civil engineer in anotherstate.

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( 2 ) Gained while exempt from registration under Section 6739 of thecode or gained by an appiicant from another country. This experience musthave been a minimum of 3 years in excess of the 6 years required forregistration in Section 6751 of the code.

426.50. Qualification Requirements "Soli Engineer".An appiicant for authority to use the title "soil engineer" shail:(a) Hold an unexpired, valid Caiifornia registration as a civii

engineer.(b) Submit evidence satisfactory to the board that the minimum

number of years of qualifying experience or education has been met asrequired in Sections 6736.1 (b) or (d). and 6763 of the code and as definedin Section 426.51, sUbsequent 10 the date of examination which was passed togain registration as a ctvil engineer. In addition, up to one year credit asqualifying experience in responsible charge will be given for possession ofpost graduate degree(s) from a board approved school of engineering withmajor studies in soil engineering as iisted in Section 426.51 (c). Credit forpost graduate degree(s) will not be given if it has already been eppiied to theexperience requirement for civil engineering registration.

426.51. Qualifying Experience for "Soli Engineer.""Qualifying experience" means responsible charge of soil engineering

projects. Evidence shail be provided that the applicant has qualifyingexperience in the areas described in subdivisions (a), (c) and (e) and hasdemonstrated working knowledge in the areas described in subdivisions (a)through (e). At ieast one-haif of the applicant's annual fuil-time professional practice shall be in soil engineering, except that a teacher of soilengineering and related courses at a board approved school of engineering wiilbe given credit for appiicable consulting work as a 'percentage of equivalentfull-time work. Applicable consulting work shall be substantiated byreferences and project documents.

(a) Development of programs of geotechnical investigation whichincludes, but Is not iimited to: '

( 1) Communication with other design consultants to determined theirgeotechnical Input needs:

( 2 ) Performance of literature searches, site history analyses. etc.,related to surface and subsurface condlllons;

(3) Formulation or engineering evaiuation of field exploration andlaboratory testing programs to accompiish the scope of the investigation;

( 4) Preparation or engineering evaluation of proposals.( b ) Performance of geotechnical field and iaboratory studies which

includes, but is not iimited to:( 1) Direction and/or modification of field exploration programs, as

required upon evaluation of the conditions being encountered;( 2 ) Classification and evaluation of subsurface conditions.( 3 ) Understanding the purposes for and being qualified to perform

routine field and laboratory tests for:(A) soil strength( B ) bearing capacity(C) expansion properties( D) consolidation characteristics( E) soil collapse potential( F) erosion potential(G) compaction characteristics

69

( H ) material acceptabiiity for use in fiil( I ) pavement support quaiities(J) freeze-thaw properties(K) grain-size(L) permeability/percolation properties( c ) Analysis of geotechnical data and engineering computations which

includes, but is not iimited to:( 1) Analysis of field and iaboratory test results regarding:(A) soil strength( B ) bearing capacity(C) expansion properties( 0 ) consolidation characteristics( E) soil collapse potential( F) erosion potential(G) compaction characteristics( H) material acceptabliity for use in flil( I ) pavement support quaiities(J) freeze-thaw properties( K) grain-size( L) permeability/percoiation properties( M) ground water conditions( N) soil dynamic properties( 2 ) Performance of computations using test results and available data

regarding:(A) bearing capacity( B ) foundation type, depth, dimensions(C) allowable soil bearing pressures( D) potential settlement( E) slope stability( F ) retaining systems(G) soil treatment( H ) dewatering/drainage( I ) floor support( J) pavement design( K) site preparation(L) fill construction( M) iiquefaction potential( N ) ground response to seismic forces(0) ground water problems; seepage( P) underpinning(d) Performance or engineering evaluation of construction, post

construction and site monitoring which includes, but Is not iimited to:( 1) Performance or supervision of geotechnical testing and

observation of site grading;( 2 ) Analysis, design and evaluation of instrumentation programs to

evaluate or monitor various phenomena in the field, such as settlement. slopecreep, porewater pressures and ground water variations;

( 3 ) Geotechnical observation during construction andior Installation,including but not limited to, spread foundations, drilled piers, piles, slurrywalls, anchors, bulkheads, shoring, underpinning and subdrains;

( 4) Engineering evaluation of soil related distress.( e ) Preparation or engineering evaluation of geotechnical reports

which includes, but is not iimited to:

70

( 1) Preparation of appropriate pians, iogs, test results and otherexhibits;

( 2) Documentation of testing and observation;(3) Preparation of written reports which present findings,

conclusions and recommendations of the investigation;( 4) Preparation of specifications and guidelines for achieving the

intent of subdivision (e)(3) , above.

427. References.(a) To assist the board in evaiuating his or her qualifications, each

applicant may furnish the names and addresses of as many references as maybe consistent with the iength and character of his or her professionalexperience; provided the applicant shali not furnish less than the number ofreferences required hereafter:

( 1) An applicant for a license as a land surveyor, registration as aprofessional engineer, or, authority to use the title "structural engineer"shall refer to not less than four persons who are authorized to practice in thediscipline for which the applicant is applying and who have personalknowiedge of his/her qualifying iand surveying experience, none of whom is arelative either by birth or marriage.

( 2 ) Nothing herein contained shaH be construed to limit authority ofthe board to seek such other information pertinent to the education andexperience of the applicant as may be required to verify his or herquaiifications. The board may waive the requirement that only registeredindividuals give references for applicants in disciplines other than civilengiheerlng or land surveying when the applicants have no association withregistered individuals in their work environment.

427.20. Reference Requirements for "Soli Engineer."(a) An applicant for authority to use the title "soil engineer" shall

submit at ieast four completed reference forms from individuals who hoid orheld current, valid. unexpired California registrations as civil engineersduring the time of the applicant's experience. None of the references shall berelated to the applicant by birth or marriage. At ieast two of theseindividuals shall be civil engineers who are or were actively engaged in thepractice of "soil engineering." Each civil engineer providing a referenceshail cleariy indicate areas of personal knowledge of the applicant'squalifying experience. Reference forms completed by civil engineersregistered outside of California, in lieu of or in addition to Californiareferences, will be considered; however, the board may require additionalinformation as specified in Section 427.20 (d). Reference forms completedby civil engineers registered outside of the State of California shall benotarized. Information submitted by references is confidential.

(b) Notwithstanding Section 427 (a). a reference form shall besubmitted for each period of qualifying experience listed on the engagementrecord form for which the applicant desires credit.

(c) An applicant will be required to verify employment inciusivedates for each period of quaiifylng experience. Employment verificationforms may be used for this purpose.

( d) Nothing contained in this section shall limit the authority of theboard to require that an applicant submit additional references, empioymentverifications and other information pertinent to education or experience toverify that the applicant has met the minimum quaiifications as defined in

71

Sections 6736.1(a) or (d) and 6736.1(e) of the code and Sections 426.50and 426.51.

428. Abandoned Applications.In the absence of special circumstances any of following actions by an

applicant for registration, certification, or licensure shall be considered toconstitufe abandonment of the application, and shall result in cancellation ofthe application with no refund of the fiiing fee:

(a) Failure to provide additional Information or references within 90days following the mailing of a request by the board's staff; or

( b ) Failure to complete the examination to which the applicant hasbeen assigned within 2 years from the date of fiiing of the application; or

( c) Failure to appear for examination at the designated time and piaceunless a postponement has been obtained in accordance with Rule 446; or

(d) Failure to appear for examination at the designated time and placeafter having obtained two postponements.

429. Application Appeal.( a) An applicant who is notified by the board that his/her application

has been denied may appeal to the board for a re-evaluation of his/herapplication. An application appeal shall be fiied with the board within 60days after the date the denial notice has been mailed to him/her.

( b ) An application appeal shall be made In writing and shall state thereason therefor. An appeal shall be supported by additional evidence, morereferences, affidavits, and supplemental information such that the board maybe better informed of the applicant's qualifications.

( c ) The executive secretary may deny an application appeai which Isnot fiied within the time period provided in paragraph (a) of this rule.

(d) The executive secretary shall notify each applicant who appealsunder this rule of the approval of his/her appeal, or the reason for its denial.

( e ) When an application has been denied, the executive secretaryshall also notify the applicant that he or she has the right to hearing underthe Administrative Procedure Act (Government Code Section 11500 et seq.),if he or she makes a wrilien request for hearing within 60 days after serviceof the notice of denial.

Article 3. Examinations

436. Schedule of Regular Wrlllen Examinations.( a) Wrillen examinations shall be given at intervals as determined

by the board but not iess than once each year.(b) The executive secretary shall publish annually, not later than

three months prior to the end of each calendar year, a schedule ofaxamlnations for the following year.

( c) Whenever circumstances warrant such action the board maypostpone, advanca, or otherwise change without notice the examinationschadula previously published.

437. IndIvidual Examination.(a) Individual examinations for registration, licensure, certification

or authorization shall be either oral or wrillen or a combination of both, In

72

the discretion of the boerd. They may be held at times and places convenientto the board.

( b ) An applicant for registration as a professional engineer or licenseas a land surveyor will be considered for assignment to an individuaiexamination provided his/her qualifications meet all the requirements of thecode and ruies of the board and provided sthe holds valid registration as aprofessional engineer or license as a land surveyor in another state, In thesame branch in which s/he is applying; such registration or license havingbeen obtained by passing wrillen examinations of comparabie standard tothose examinations required in California.

( c ) An applicant for authority to use the title "structural engineer"may be considered for the individuai examination only if sthe has passed a16~hour examination in another stats which the board may deem equivalentto the written examination for structural authority given in California. This16~hour examination shall have been in addition to the regular examinationseries for registration as a professional engineer, and shall have containedsignificant emphasis on seismic design and lateral load ponsiderations.

438. Waiver of Fundamentals Examination.(a) An applicant for regisf(ation as a professional engineer whose

qualifications meet all requirements of the code and rules of the board will beallowed to appear for only the second division of the written examinationprescribed by Section 6755 of the code if s/he meets one or more of thefollowing requirements:

( 1) Holds valid registration as a professional engineer In anotherbranch in California.

( 2) Holds valid certification as an engineer-In-training in anotherstate obtained by passing a written examination which normally requires aminimum of eight hours to complete and the content of the examination isdesigned to test the candidates knowledge of fundamental engineering subjects,including mathematics and the basic sciences.

(3) Is a graduate of an approved engineering curriculum and submitssatisfactory evidence to the board that sthe has fifteen (15) years or more ofqualifying experience.

( 4) Is a graduate of an engineering curriculum with a B.S. degree orequivalent four year engineering degree and submits satisfactory evidence tothe board that s/he has seventeen (17) years or more of qualifyingexperience.

( b ) An applicant for license as a land surveyor whose qualificationsmeet all requirements of the code and rules of the board will be allowed toappear for only the second division of the written examination prescribed bySection 8740.1 of the code if s/he meets one or more of the followingrequirements:

( 1) Holds valid registration as a professional engineer in California.( 2) Holds valid certification as an engineer-in-training obtained by

passing a written examination which normally requires a minimum of eighthours to complete and the content of the examination Is designed to test thecandidate's knowledge of fundamental engineering subjecls inclUdingmathematics and the basic sciences.

(3) Is a graduate of an approved land surveying curriculum andsubmits satisfactory evidence to the board that s/he has fifteen (15) years ormore of qualifying experience.

73

( 4 ) Is a graduate of a land surveying curriculum with a B.S. degree orequivalent and submits satisfactory evidence to the board that s/he hasseventeen (17) years or more of qualifying experience.

(5) Holds a valid certification as a land surveyor-in-training inanother state obtained by passing a written examination which normallyrequires a minimum of eight hours to complete and the content of theexamination is designed to test the candidate's knowledge of fundamentals ofland surveying including mathematics and the basic sciences.

( c) An applicant for a California certification as an englneer-intraining or a land surveyor~in-training who holds valid certification inanother state obtained as In (a)(2) or (b)(5) above, may be issued aCalifornia certificate.

439. Examination Not Permitted.A person certified, licensed or registered by the board in a category or

branch is not permitted to take any portion of the examination for the samecategory or branch unless his certificate, license or registration has expiredpursuant to Section 6796.3 or Section 8803.

441 . Authorization to Take Examination.( a) After the board evaluates the qualifications of an applicant and

establishes his/her eligibility for the examination, the executive secretarymay assign that applicant to the next scheduled examination for whichhis/her application qualified him/her. The executive secretary may withoutboard action assign any applicant for certification as an engineer-In-trainingwhose qualifications meet the requirements of the code and rules of the board,to the next scheduied examination.

(b) Any applicant who, in the opinion of the board, lacks thaqualifications for admission to the examination required by Section 6736,6751 or 8742 of the code and rules of the board shall be declared ineligible:s/he shall have his/her application denied without prejudice and his/herapplication fee may be partially refunded in accordance with provisions ofSection 6763.5 or 8748.5 of the code.

(c) The executive secretary shali notify each applicant of theacceptance of his/her application or the reason for its denial.

( d) Notification of the applicant's assignment and authorization totake the examination shall be made at least ten (10) days prior to theexamination date and shall be in such form as may be prescribed by theexecutive secretary.

442. Examination Irregularities.( a) Communication between examinees during examination is strictly

prohibited; and examinees are forbidden to receive any unauthorizedassistance in the examination.

( b ) Before the commencement of an examination, examinees will berequired to hand to the examiner any unauthorized printed or written matteror other devices In their possession which might serve to aid them In theexamination.

(c) Evidence of copying or collusion by an examinee may, in thediscretion of the boerd, result in the denial of his/her application withprejudice, thereby forfeiting his application fee, and may prevent him/herfrom qualifying for future examinations.

(d) An applicant In any regular written examination who places anyidentifying mark upon his/her examination papers, other than his/her

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identification number, may have his/her application denied by the board andforfeit his/her application fee.

443. Inspecllon of Examlnallon.( a) An applicant who falls to obtain a passing grade In an eight-hour

or longer written examination may inspect his/her examination papersduring the appeal period as defined In Section 444 at such times and locationsas may be designated by the executive secretary. Examination papers ofunsuccessful applicants will be destroyed after the expiration of the appealperiod. Examination papers of successful applicants will be destroyed at thetime resulls of the examination are adopted by the board.

( b) At the time of inspection, no one other than the examinee and arepresentative of the board shall have access to such examination papers.

( c) Evidence that the applicant erased, deleted, removed or alteredthe examination papers, or the material contained Ihereon during suchInspection, may result in the applicant being dlsqualif[ed by the board fromtaking future examinations.

444. Examlnallon Appeal.( a) Within sixty (60) days afler the date notice of Ihe results of

his/her examination has been mailed to him/her, an applicant who wasunsuccessful in the examination may appeal to the board for a review ofhis/her examination papers.

( b ) The appeal from any part of the examination shall be made inwriting; and il shall state the reason for such appeal, citing the item or itemsagainst which the appeal is dlrecled.

( c) The executive secretary may deny any appeal requesting a reviewof an examination that is not accompanied by information supporting thereason for such request or is not filed within the period of time provided Inparagraph (a) of this rule.

446. Postponements.The executive secretary may grant a postponement, not to exceed two

such postponements for each application to any applicant who for reasonablecause [s prevented from appearing for examination at the time fixed, providedthe applicant's request for postponement and the reason therefor is filed withthe principal office of the board at any time prior to the expiration of the ten(10) day period immediately following the date of such examination.

447. PermIssIble Reference MaterIal and Other Accessories.The executive secretary shall advise each examinee when s/he is

notified that s/he is assigned to an examination, what reference and olhermaterials may be used during the examination 10 which s/he has beenassigned.

Article 4. Miscellaneous

460. CurrIcula Approved by the Board.( a) A curriculum approved by the board as qualifying a graduate of

that curriculum for four years' engineering experience, or a non-gradualewith one-half year of experience for each year of study completed, asprovided In Section 6751 of the code, is defined as any engineering

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curriculum leading to a first degree in engineering accredited by theAccreditation Board for Engineering and Technology.

( b ) The board may give one-half year of experience credit for eachyear of study completed In a non-approved engineering curriculum exceptthat the maximum of such experience credif shall be two years per applicant.

( c ) ( 1) The board may give one-half year of experience credit foreach year of study completed in an approved curriculum leading to a degree inengineering technology except that the maximum of such experience creditshall be two years per applicant.

( 2 ) The board has approved the curricula leading to a degree inengineering technology which have been accredited by the Engineers' Councilfor Professional Development.

461 . Testing Laboratory Reports.Reports issued by Testing Laboratories shall be prepared by or under

the supervision of a registered civil, electrical or mechanical engineer asappropriate and signed or sealed by him/her whenever such reports gobeyond the tabulation of test data (composition of material, breaking stress,at cetera) and proceeds to:

( a) Interpret the data to draw conclusions as to the characteristics ofa civil engineering structure, an electrical or mechanical device or partsthereof.

( b ) Express civil, electrical or mechanical engineering judgment inthe form of recommendations derived from the results of the test.

( c ) Perform design work in the preparation of plans, specifications,and other Instruments requiring registration as a civil, electrical and/ormechanical engineer.

463. Notice of Association or Disassociation WithPartnership, Firm, or Corporation.

( a) A registered professional engineer who is associated as thepartner, member, officer or empioyee in responsible charge of .professionaiengineering services offered or performed by a firm, partnership orcorporation, shall notify the board within thirty (30) days of suchassociation or termination of association on a form approved by the board.

(b) A licensed land surveyor and/or civil engineer, who practices oroffers to practice land surveying, according to the provisions of Section 8729of the Code, as a partner, member, or officer of a partnership, firm orcorporation shall advise the board within thirty (30) days of suchassociation or termination of association on a form approved by the board.

( c) A licensed photogrammetric surveyor who Is associated as amember, partner, officer or employee in a firm, partnership or corporationwhich offers or performs photogrammetrlc surveying services according tothe provisions of Article 5.5, Land Surveyors' Act, shall notify the boardwithin thirty (30) days of such association or termination of association on aform approved by the board.

(d) A firm, which contains partners, members or officers asdescribed above, will be allowed six months following the death, disassociation or retirement of a member, partner or officer whose name the firm,partnership or corporation carried in its firm litle to make a written requestto the board for an investigation pursuant to the requirements of Section6738(e) or 6738.1 of the Code. The. board will determine if such firm Iseligible to continue use of Its firm title without change.

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( e ) A civil engineer who forms or terminates an association with abuilding designer as provided in Section 5500.3, Architects Act, shall notifythe board In writing at the time of his/her association or termination ofassociation on a form approved by the board.

464 . Corner Record.( a) The corner record required by Section 8773 of the Code for the

perpetuation of monuments shall contain the following information:( 1) The County in which the corner is situated.( 2) An identification of the township, range, base and meridian in

which the corner is located.( 3 ) Identification of the type of corner (section, township, quarter,

etc.) as specified in the Manuai of Instructions for the Public Lands of theUnited States or reference map when other monuments have been reset orperpetuated.

( 4) A description of the physical condition of the monument found orreset.

( 5 ) The date of the most recent visil to the monument.( 6 ) A drawing showing courses and distances which ties the corner to

other Identifiable reference works.( 7 ) A reference to the California Coordinate System, if known.( 8) The date of preparation of the corner record, the signature of the

licensee or registrant, and the license or registration number of the landsurveyor or registered civil engineer making the corner record.

( 9 ) The date the corner record was filed and the title and name of thecounty surveyor or engineer.

( 1 0) A document or filing number.( b ) A corner record shall be filed for each public iand survey corner

which is found, reset, or used as control In any survey by a licensed iandsurveyor or a registered engineer. Exceptions to this rule are identified inSection 8n3.4 of the Land Surveyors Act.

( c) The corner record shall be filed within 90 days from the date Itwas found, reset, or used as control in any survey. .

(d) A corner record may be filed for any property corner, propertycontrolling corner, reference monument, or accessory to a property corner,together with reference to record information.

( e ) The standard markings and standard abbreviations used by theBureau of Land Management (formeriy the General Land Office) of the UnitedStates Department of the Interior shall be used In the corner record.

465. Records of Survey.( a) When a record of survey which for good and sufficient reason

beyond the control of the surveyor cannot be filed within 90 days after asurvey (as required by Section 8762 of the Code), such survey shall beconsidered preliminary In nature until such time as the difficuities causingdelay are resolved and shall be filed as soon thereafter as possible.

( b ) A record of survey map need not be filed when the positions ofnewly established lines can be determined by inspection of a map of recordwithout the use of trigonometric calculations.

( c) Maps filed with the County Surveyor shall show measured linesand bearings. Whenever there is a material discrepancy from previouslyrecorded data, it shall be noted on the map.

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(d) When a public officer has performed a survey which is subject tothe requirements of Section 8762 of the Code, s/he shall comply with Section8765(a) of the Code, or s/he shall liie a record of survey map.

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Miscellaneous Statutes

Civil Code Section 846.5

Certificate of Merit LawCode of Civil Procedure Section 411.35


Title IX, Section 901-904


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Civil Code, Section 846.5

846.5. Surveyors; right of entry; use of boundary evidenceand performance of surveys j freeways

(a) The right of entry upon or to real property to investigate andutilize boundary evidence, and to perform surveys, is a right of personslegally authorizad to practice land surveying and it shall be theresponsibility of the owner or tenant who owns or controls property toprovide reasonabla access without undue deiay. The right of entry Is notcontingent upon the provision of prior notice to the owner or tenant.However, the owner or tenant shall be notified of the proposed time of entrywhere practicable.

(b) The requirements of subdivision (a) do not apply to monumentswithin access-controlied portions of freeways.

(c) When required for a property survey, monuments within afreeway right-of-way shali be referenced to usable points outside the accesscontrol line by the agency having jurisdiction over the freeway whenrequested in writing by the registered civil engineer or licensed landsurveyor who is to perform the property survey. The work shali be donewithin a reasonable time period. by the agency in direct cooperation with theengineer or surveyor and at no charge to him.

Certificate of Merit LawCode of Civil Procedure, Section 411.35

411.35. Malpractice actions; certificate concerning consultation; reliance on res Ipsa loquitur or failure toInform of consequencesj confidentiality of consultantsjunprofessional conduct; demurrer

(a) In every action including a cross-complaint for damages orindemnity arising out of the professional negligence of a person hoiding avalid architect's certificate issued pursuant to Chapter 3 (commencing withSection 5500) of Division ~ of the Business and Professions Code, or of aperson holding a valid registration as a professional engineer issued pursuantto Chapter 7 (commencing with Section 6700) of Division ~ of the Businessand Professions Code, or a person holding a valid iand surveyor's ilcenseissued pursuant to Chapter 15 (commencing with Section 6700) of Division3 of the Business and Professions Code on or before the date of service of thecomplaint on any defendant, the plaintiff's attorney shall file the certificatespecified by subdivision (b).

( b ) A certificate shali be executed by the attorney for the plaintiff orcross-complainant declaring one of the following:

( 1) That the attorney has reviewed the facts of the case, that theattorney has consulted with at least one architect, professional engineer, or

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land surveyor who is licensed to practice and practices in this state or anyother state, or who teaches at an accredited coilege or university and isiicensed to practice in this state or any other state, in the same discipiine asthe defendant or cross-defendant and who the attorney reasonably beiieves isknowledgeable in the relevant issues involved in the particular action, andthat the attorney has concluded on the basis of such review and consuitationthat there is reasonable and meritorious cause for the filing of such action.The person consuited may not be a party to the iitigation.

( 2) That the attorney was unable to obtain the consuitation requiredby paragraph (1) because a statute of iimitations would impair the action andthat the certificate required by paragraph (1) could not be obtained beforethe impairment of the action. If a certificate is executed pursuant to thisparagraph, the certificate required by paragraph (1) shail be filed within60 days after filing the complaint.

( 3) That the attorney was unable to obtain the consultation requiredby paragraph (1) because the attorney had made three separate good faithattempts with three separate architects, prolesslonal engineers, or landsurveyors to obtain such consultation and none of those contacted would agreeto such a consultation.

( c) Where a certificate is required pursuant to this section, oniy onecertificate shail be filed, notwithstanding that multiple defendants have beennamed in the complaint or may be named at a later time.

( d) Where the attorney intends to rely solely on the doctrine of "resipsa loquitur," as defined In Section 646 of the Evidence Code, or exclusivelyon a failure to inform of the consequences of a procedure, or both, this sectionshail be inappiicable. The attorney shail certify upon fiiing of the complaintthat the attorney is solely relying on the doctrines of "res ipsa loquitur" orfailure to inform of the consequences of a procedure or both, and for thatreason is not filing a certificate required by this section.

(e) For purposes of this section, and subject to Section 912 of theEvidence Code, an attorney who submits a certificate as required byparagraph (1) or (2) of subdivision (b) has a privilege to refuse to disclosethe identity of the architect, professional engineer, or land surveyorconsuiled and the contents of the consultation. The privilege shail aiso be heldby the architect, professional engineer, or iand surveyor so consulted. If,however, the attorney makes a claim under paragraph (3) of subdivision (b)that he or she was unable to obtain the required consuitation with thearchitect, professional engineer, or land surveyor, the court may require theattorney to divulge the names of architects, professional engineers, or landsurveyors refusing the consultation.

( f) A violation of this section may constitute unprofessional conductand be grounds for discipline against the attorney, except that the faliure toflie the certificate required by paragraph (1) of subdivision (b), within 60days after filing the complaint and certificate provided for by paragraph (2)of subdivision (b), shail not be grounds for discipiine against the attorney.

( g ) The failure to file a certificate in accordance with this sectionshail be grounds for a demurrer pursuant to Section 430.10 or a motion tostrike pursuant to Section 435.

(h) This section sheil remein in effect only untii January 1, 1989,and as of that date is repealed.

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4526. Negotiate contracts for design servicesNotwithstanding any other provision of law. it shaJi be considered to be

the public policy of the Sfate of California and any politicai subdivisionthereof that selecting by an agency head for professional services of privafearchitect, engineering, land surveying, or construction project managementfirms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the servicesrequired. Agency heads contracting for private architectural, professionalengineering, land surveying, and construction project management servicesshaJi adopt by regulation procedures that assure fhat these services areengaged on fhe basis of demonstrafed compefence and qualifications for thetypes of services to be performed and at fair and reasonabie prices to thepublic agencies. Furthermore, these procedures shall assure maximumparticipation of small business firms, as defined by the Director of GeneralServices pursuant to Section 14837.


Federal Law:


Title IX, Section 901-904

901 ·904. Negotiate contracts for design servicesThe Congress hereby declares It to be the policy of the Federal

Government to publicly announce aJi requirements for architectural andengineering services, and to negotiate contracts for architectural andengineering services on the basis of demonstrated competence andqualification for the type of professional services required at fair andreasonable prices.

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professional engineers act, land surveyors act & board...

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