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

Professional Engineers Act,

Land Surveyors Act & Board Rules

1991

Professional Engineers Act

Land Surveyors Act

Board Rules

Miscellaneous Statutes

as amended January 1, 1991

Table of Contents

Professional Engineers Act

Chapter 7. Professional Engineers

Article 1. General Provisions

Sections

6700670167026702.16702.267036703.1670467056706

6710671167126713671467156716671767186719672067266726.16726.26726.36726.4

Pages

Professional Engineers Act... 3Defines professional engineer 3Defines civil engineer. 3Defines electrical engineer 3Defines mechanical engineer. 3Defines responsible charge of work 3Defines supervision of construction 3Defines who may use engineer tities 4Defines subordinate 4Good samaritan immunity 4

Article 2. Administration

Board of Registration 4Qualifications of board members 4Terms of appointment 5Removal of board members 5Appointment of executive officer. 5Roster requirements : 5Rules and regulations, meetings, quorum 5Authority to define scope of practice 5Oaths and testimony ,.. 6Board seal 6Per diem and expenses 6Establishment and duties of technicai advisory committees 6Appointment and size of TAG 6Quaiifications of members of TAG 6Per diem and expenses for members of TAG 6Immunity of members of TAG 6

Article 2.3. Professional Engineers Review Committees

67286728.16728.26728.36728.46728.56728.6

Establishment of review committees 6Qualifications and size of committee 7Per diem and expenses 7Gonduct of hearings 7Proposed decisions of committee 7Authority for rules and reguiations 7Immunity provisions 7

v

67306730.2

67316731.16731.26731.36731.467326732.16732.2

673367346734.16734.267356735.16735.26735.36735.46735.567366736.167376737.16737.26737.36737.467386739674067416742674367446745674667476748

67506751

6751.26751.5675267536753.567546755

Article 3. Application of Chapter

Necessity for registration 7Requirement for registered person in responsible charge of pubiic

sector engineering 8Definition of civil engineering 8Authority to perform engineering surveys 8Authority to offer to practice or procure land surveying work 9Authority to practice construction project management services 9Liabiiity for construction project management services 9Restricted titles 9Exemption for use of titie "Consulting Engineer" 9Photogrammetry-use of title "Consulting Engineer" 9

Unlawful use of seal after expiration or suspension of certificate 10Practice of civil engineering 10Practice of eiectrical engineering 10Practice of mechanical engineering 10Signing and sealing of civil engineering plans 10No iegal duty to supervise construction 10Unauthorized changes 11Signing and sealing of electrical engineering plans 11Signing and sealing of mechanical engineering plans 11Certification defined 11Restriction on use of titie "structural engineer" 11Qualifications and standards for use of title "soil engineer" 11Architecturai exemption 12Structure exemptions 12Authority for extension of civil engineering practice 13Contractor exemption-electrical, mechanicai practice 13Contractor exemption-electrical, mechanicai design 13Authorization for engineering business-business names 13Exemption for officers and employees of U.S.A 14Exemption for subordinates 14Exemption for nonresidents 14Exemption for real estate broker or saiesman 15Non-appiicability to surveyors 15Exemption for land holder 15Exemption for buiiding alterations 15Exemption for communications industry 15Exemption for industries 15Nuciear power plants 15

Article 4. Registration

Applications 16Engineer-in-training and professional engineer applications

requirements 16Foreign applicants 16Board criteria for approving curricuia 16Civil engineer experience under civil engineer direction 16Professional engineer experience/education requirements 16Armed Forces experience 17Examination time and place 17Examination requirements 17

vi

6755.16755.2675667576758675967606761676267636763.5676467656766

Second division exam requirements 17State laws and board rules examination 18Certificate, EIT 18Applications, multi-branches 18Applications, reexaminations 18Comity registration 18Temporary authorization 19Qualification by majority vote 19Certificate-professional engineer 19Structural, soil, soils, geotechnical authority 19Refund to unqualified applicants 19Seal 20Duplicate certificate 20Presumptive evidence of registration 20

Article 5. Disciplinary Proceedings

6775 Complaints 206776 Conduct of proceedings 206777 Certificate-reissuance 206779 Revocation upon conviction 20

Article 6. Offenses Against the Chapter

6785 Authority to investigate violations 216786 Duty to prosecute 216787 Misdemeanors-misrepresentation 216788 Penalty for violations during a state of emergency 21

Article 7. Revenue

67956795.167966796.16796.26796.36796.56796.6679767986799

Certificate renewal time periods : 22Renewal notices 22Delinquent registrations, less than 5 years 22Suspended certificate 22Revoked certificate 22Delinquent registration, over 5 years 22Board jurisdiction-validity of work-liability issues 23Delinquent renewals-special provisions 23Accounting and deposit of funds 23Refunds 24Fees-amoun!. 24

land Surveyors Act

Chapter 15. land Surveyors


8700 Professional Land Surveyors Ac!. 278701 Professional land surveyor 278702 Defines director 27

vii

8703 Defines responsible charge 278704 Defines subordinate ..........................•......................................278705 Defines subordinate 278706 Defines board 278707 Defines executive officer 278708 Licensure requirement 27


871087118712871387158715.18715.28715.38715.4

87208720.18720.28720.38720.48720.58720.6

872587268726.18726.287278728872987308731

874087418741.1874287438744874587468747

Board authority 28Record of applications 28Roster 28Clerical assistance 28Technical advisory committees 28Committee appointments 28Committee member license requirements 28Committee compensation 28Committee immunity 29

Article 2.3 Land Surveyors Review Committee

Review committees 29Committee appointments 29Committee per diem and expenses 29Committee hearings 29Committee decisions 29Rules and reguiations 29Committee immunity 29

Article 3. Application of the Chapter

Requirement for license 30Defines survey practice 30Defines authority to practice 31Authority to perform iand planning 31Geologic or landscape surveys exemption 31Restriction on design 31Land surveying business, business title 31Exemptions to licensure 32Civil engineers authorization to practice 33

Article 4. Issuance of License

Applications 33Examination requirements and waivers 33State laws and board rules examination requirements 33Education-experience requirements 34References required 34Support constitution-discharge duties 34Conduct and scope of examinations 34Qualification and reexamination 34Issuance of license 34

viii

87488748.587498750875187528753

876087618761.18761.287628762.5876387648764.5876587668766.5876787688768.5876987708770.58770.687718771.5877287738773.18773.28773.38773.48774

87758775.18775.28775.3

Comity registration 35Refund for unqualified , 35Duplicate license 35Seal 35Representation oniy by license holder 35Presumptive evidence of licensure 35Temporary license 35

Article 5. Surveying Practice

Oaths 36Use of signature and seal 36Consistency of authority to sign and seal 36Responsibility for subsequent changes 36Record of survey when required 37Record of survey-land divislon 38Record of survey-sheet requirements 38Record of survey-technical requlrements 38Required statements 38Record of survey-exemptions 39Record of survey-examination 39Record of survey-examination fee .40County surveyor endorsement.. .40Record of survey explanation of dlfferences 40Record of survey-timely flling .40Record of survey-filing costs .40Record of survey-filing and storage .40Record of survey-correctlon .41Defines certify/certification .41Record of survey-monumentation .41Record of survey-California coordinates .41Monumentation Identiflcation 41Corner records-record of survey for"lost"corners : .42Corner record form 42Corner record filing .42Corner record-monument rehabilitatlon .42Corner record-sign and seai-when no record required 42Right of entry 43

Article 5.5. Photogrammetry

Use of titie .43Photogrammetric services 43Signature required .43Fees .43


8780 license-suspension or revocation 438781 Conduct of proceedings 448783 License revocation upon convictlon .448784 License-reissuance 44

Ix


8790 Enforcement and prosecution .448791 Dufy to prosecute .448792 Misdemeanors .44

Article 8. Revenue

8800880188028802.18802.288038803.188048804.588058806

400403404404.1404.2405407408410411412415416418419

420421422424426.10426.11426.12426.13

Accounting and deposit of funds .45License renewal-time periods .45Delinquent license, less than 5 years .45Suspended certificate .45Revoked Iicense .45Delinquent license, over 5 years .45Status of restored, reinstated or reissued license .46Renewal certificate fees-registered civil engineer .46Fee refunds .46Fees .46Grace period-delinquent license .47

Rules of the Board of Registration


introduction 51Location of Offices 51Definitions 51Definition of Responsibie Charge for Professional Engineers 54Definition of Responsibie Charge for Land Surveyors 55Delegation of Certain Functions 56Fees : 57Meetings 57Certificates 57Seal 58Address Change 58Practice Within Area of Competence 58Substantial Relationship Criteria 58Criteria for Rehabilitation 59Notification of Disciplinary Action 59

Article 2. Applications

Applications 60Refile Application 60Finai Filing Date 60Experience 60Qualification Requirements for Structurai Authority 61Qualifying Experience for Structrual Authority 61Experience for Checking Structural Plans 62Supplemental Evidence of Responsible Charge for Structural

Authority 62

x

426.14426.50426.51427.10427.20427.30428429

Experience for Structural Engineering Gained Out of State 63Qualification Requirements "Soil Engineer" 63Qualifying Experience for "Soil Engineer" : 63References for Professional Engineers and Land Surveyors 65Reference Requirements for "Soil Engineer" 65References for Structural Authority 66Abandoned Applications 66Application Appeal. 66

Article 3. Examinations

436 Schedule of Regular Written Examinations 67437 Individual Examination 67438 Waiver of Fundamentals Examination 67439 Examination Not Permitted 68441 Authorization to Take Examination 68442 Examination Irregularities 68443 Inspection of Examination 68444 Examination Appeal 69446 Postponements 69447 Permissible Reference Material and Other Accessories 69

Article 4. Miscellaneous

460 Curricula Approved by the Board 69461 Testing Laboratory Reports 70463 Notice of Association or Disassociation With Partnership, Firm, or

Co~~on ~

464 Corner Record 70465 Records of Survey 71470 Application Response 71471 Processing : 72

California Coordinate System

8801 California coordinate system 758802 Seven zones in California 758803 Zone 1 768804 Zone 2 768805 Zone 3 768806 Zone 4 768807 Zone 5 768808 Zone 6 778809 Zone 7 778810 Plane coordinates 778811 Basis of plane coordinates 778813 CCS27 and CCS83; stations; surveys based on state plane

coordinates 778814 Using state plane coordinates; record data 778815 Using the term "California Coordinate System" 788816 State Plane Coordinates optional 788817 Changing State Plane Coordinates-1995 78

xi

8818 No impairment of boundaries 788819 Using new geodetic surveying technologi~s ., , 78

Miscellaneous Statutes

Civil Code §846.5

846.5 Right of Entry for surveyors 81

***Code of Civil Procedure §337.1 and

§337.15

337.1337.15

411.35

452545264526.54527452845294529.5

2755027550.1275512755227553

Statute of limitations for patent defects 81Statute of limitations for latent defects 82

***Certificate of Merit Law

Code of Civil Procedure, §411.35

Certificate of Merit for professionai malpractice ciaims 82

***Government Code, Title 1, Division 5,

Chapter, 10, §§4525-4529.5"The Little Brooks Act"

Definitions in the Little Brooks Act. 84Procurement based on negotiated contracts-state and locai... 84Pubiic contract code 85Qualification for state contracts--optional locally 85Mandatory state procedures--optional locally 85Exception for non-professional services 86Evidence of expertise and experience 86

***Government Code, §§27550-27564

Qualifications; selection 86Counties under 20,000; inapplicability of eligibility requirements 86Surveys; records; furnishing copies to pUblic 86Survey of land divided by county lines 87Order for survey of land divided by county lines 87

xii

275542755527556

2755727558275592756027561275622756327564

2758427585

883188328833

8834

Assistance to State Lands Commission 87Survey by disinterested persons where s~rveyor interested party 87Surveyor as ex officio deputy recorder to copy maps and piats;

maps and plats exempt 87County maps and assesso~s block-books 87Contracts for purchase of maps and biock-books; restrictions 87Necessary investigations for maps and biock-books 87Maps and data as county property 87Sales of maps 88Direction of supervisors; requisites of surveys; filing maps 88Courses in surveys 88Survey of lands adjoining state lands; transmission of information 88


Survey monument preservation fund 88Financing the survey monument preservation fund; extinguishment offu~ ...............................................................................•

***Public Resources Code, §§8831-8834

Topographic Mapping

Policy of state declared 89Department defined : 89Duties of department; adoption of general pian and program; further

investigations and reports 89Cooperation with federai government; agreements or contracts with

federal government 89

***

Federal Property and Administrative Services Act of 1949"The Brooks Act"

Title IX, §§541·544

541 Definitions in the Brooks Act 90542 Procurement based on negotiated contracts 90543 Statements of Quailfications 90544 Contract negotiations for fair and reasonabie compensation 91

xiii

Professional Engineer's Actchanges made during 1990 are as follows:

Section Effect Bill 1/ Chapter Effective

6706 Add 88X46 30 1/1/916731 Amend A83395 1226 1/1/916731.1 Amend A83395 1226 1/1/916731.3 Add 881964 786 1/1/916731.4 Add 881964 786 1/1/916788 Add A8X9 36 1/1/916796 Amend 882032 545 1/1/916796.3 Amend 882032 545 1/1/916799 Amend 882032 545 1/1/91

Notes

For the reader's convenience, allnew language adopted in 1990 isprinted in italics.

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Chapter 7. Professional Engineers


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

Professional Engineers Act.[Amended, Chapter 732, Statutes of 1985]

6701. Defines professional engineer"Professional engineer:' wtlhin the meaning and Intent ofthis act, refers to a person engaged

in the professional practice of rendering service or creative work requiring education, training andexperience in engineering sciences and the application of speciai knowledge of the mathematical,physical and engineering sciences In suchprofessionalorcreativeworkasconsuitation, investigation,evaluation, planning or design of public or private utilities, structures, machines, processes, circuits,buildings, equipment or projects, and supervision of construction for the purpose of securingcompliance 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 to practice civil engineering in anyof its phases.

6702.1. Defines electrical engineer"Electricai engineer"as used in this chapter means aprofessional engineer in the branch

of electrical engineering and refers to one who practices or offers to practice electricalengineering in any of its phases.

6702.2. Defines mechanical engineer"Mechanical engineer" as used in this chapter means a professionai engineer in the

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

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

by the use of initiative, skill, and independent judgment, of the investigation or design ofprofessional engineering work or the direct engineering control of such projects. The phrasedoes not refer to the concept of financial liability.

[Amended, Chapter 229, Statutes of 1986j

6703.1. Defines supervision of construction"Supervision of the construction of engineering structures" means the periodic obser

vation of materials and completed work to determine general compliance with plans, specifications, and design and planning concepts. However, "supervision of the construction ofengineering structures" does not include responsibility for the superintendence of constructionprocesses, site conditions, operations, equipment, personnel, or the maintenance of a safeplace to work or any safety in, on, or about the site.

For purposes ofthis subdivision, "periodic observation" means visits by an engineer, orhis or her agent, to the site of a work of improvement.

[Amended, Chapter 959, Statutes of 1987]

3

6704. Defines who may use engineer titlesIn order to safeguard life, health, property, and public.welfare, no person shall.practice

civil, electrical, or mechanical engineering unless appropriately registered or specificallyexempted from registration under this chapter, and only persons registered under this chaptershall be entitled to take and use the titles "consuiting engineer," "professionai engineer," or"registered engineer," or any combination of those tities, and according to registration with theboard the engineering branch titles specified in Section 6732, or the authority titles specifiedin Section 6763, or "engineer-in-training."

The provisions of this act pertaining to registration of professional engineers in thebranches of chemical, electrical, industrial, mechanical, metallurgicai, and petroleum engineering do not apply to employees in the communication industry; nor to the employees ofcontractors while engaged in work on communication equipment; however, those employeesmay not use the 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 exemption for using that title under theprovisions of Section 6732.1, or by a person licensed as a photogrammetric surveyor.


6705. Defines subordinateA subordinate is any person who assists a registered professional engineer in the

practice of professional engineering without assuming responsible charge of work.

"Public official" means a state or local elected officer.[Added, Chapter 30, Statutes of 1990J

6706. Good samaritan immunity(a) An engineer who voluntarHy, without compensation orexpectation ofcompen-

sation, providesstructurai inspection services at the scene ofa deciarednationai, state, oriocalemergencycausedbya majorearthquakeatthe request ofa publicofficial, publicsafetyofficer,or city orcounty buHding inspector acting in an official capacityshall notbe liable in negligenceforanypersonal injury, wrongfuldeath, orpropertydamage causedbythe engineer'sgoodfaithbut negligent inspection ofa structure used for human habitation or owned by a public entityfor structural integrity or nonstructural elements affecting life and safety.

The immunity provided by this section shall apply only for an inspection that occurswithin 30 days of the earthquake.

Nothing in this section shallprovide immunity forgross negligence orwillfulmisconduct.(b) As used in this section:(1) "Engineer" means a person registered under this chapter as a professional

engineer, including any of the branches thereof.(2) "Publicsafetyofficer"has the meaninggiven in Section 3301 olthe Government

Code.(3)


6710. Board of RegistrationThere is in the Department of Consumer Affairs a State Board of Registration for

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

6711. Qualifications 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 Section 8700) of this division and seven shall be publicmembers who are not registered under this actor licensed underthe Land Surveyors' Act. Eachmember, except the public members, shall have at least 12 years active experience and shall

4

be of good standing in his profession. Each membershali be at ieast 30 years of age, and shalihave been a resident of this state for at least five years. immediately proceeding hisappointment.

6712. Terms of appointmentAli appointments to the board shali be for a term of four years. Vacancies shali be filied

by appointment for the unexpired term. Each appointment thereafter shali be for a four-yearterm expiring on June 1olthe fourth yearfoliowing the year in which the previous term expired.

Each member shali hold office until the appointment and qualification of his or hersuccessor or until one year shali have elapsed since the expiration of the term for which he orshe was appointed, whichever first occurs. No person shali serve as a member of the boardfor more than two consecutive terms.

The Governor shali appoint professional members so that one is licensed to practiceengineering as a civil engineer, one as an electrical engineer, one as a mechanical engineer,another is authorized to use the title of structural engineer, and one is a member of one of theremaining branches of engineering.

The Governor shali appoint five of the public members and the professional membersqualified as provided in Section 6711. The Senate Rules Committee and the Speaker of theAssembly shali each appoint a public member.


6713. Removal of board membersThe Governor may remove any member of the board for misconduct, incompetency or

neglect of duty.

6714. Appointment of executive officerThe board shall appoint an executive officer at a salary to be fixed and determined by

the board with the approval of the Director of Finance.

6715. Roster requirementsThe executive officershali keep acomplete record ofali applications for registration and

the board's action thereon and, once every two years, shali preparea roster showing the namesand addresses of ali registered professional engineers, and the names and addresses of theholders of ali delinquent certificates of registration and certificates of authority. Between July1 and December 1 in each year, except the year in which the roster is prepared, the executiveofficer shali prepare a supplemental roster showing changes in and additions to the roster.

Acopy of the roster and the supplemental rostershall be filed with the SecretaryofState.Copies of each shali be available on application to the executive officer, at the price per copyfixed by the board.


6716. Rules and regulations, meetings, quorumThe board may adopt rules and reguiations consistent with lawand necessary to govern

its action. These rules and regulations shall be adopted in accordance with the provisions ofthe Administrative Procedure Act.

The board shali hold at least two regular meetings each year. Special meetings shalibe held at such times as the board rules provide. A majority of the board constitutes a quorum.Except as othenwise provided by law, the vote required for any action of the board is a majorityof the members present, but not less than five.


6717. Authority to define scope of practiceThe board may, by regulation, define the scope of each branch of professional

engineering other than civil engineering for which registration is provided under this chapter.

5

6718. Oaths and testimonyAny member of the board may administer oaths and may take testimony and proofs

concerning ali matters within the board's jurisdiction,

6719. Board sealThe board shali adopt and have an official seal which shall be affixed to ali certificates

of registration.

6720. Per diem and expensesEach memberofthe board shali receive a per diem and expenses as provided in Section

103.

6726. Establishment and duties of technical advisory committeesThe board may establish one or more technical advisory committees to advise and

assist the board with respect to the foliowing:(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, repeai, adoption, or revision of board rules, regulations, policies,

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

6726.1. Appointment and size of YACEach member of each technical advisory committee shall be appointed by the board

and shali serve at the pleasure of the board. Each committee shali be composed of no morethan five members.


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

advisory committee shali be an expert in the branch of engineering within the committee'sjurisdiction and shali be regiSlered under this chapter.


6726.3. Per diem and expenses for members of YACAli the members of each technical advisory committee shail serve withoul compensation

but shali receive per diem and expenses as provided in Section 103.[Amended, Chapter 1134, Statutes of 1985]

6726.4. Immunity of members of YACEach member of each technical advisory committee shali be gramed the same

immunity as is gramed to a public employee pursuant to Article 3 (commencing with Section820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

[Amended, Chapter 1134, Statutes of 19851

Article 2.3 Professional Engineers Review Committees

6728. Establishment of r..view committeesThe board, when it deerns necessaryI may establish professional engineers review

committees to hear ali matiers assigned by the board, including, but not limited to, any

6

contested case which is assigned by the board. Each committee shall exist so long as theboard deems that it is necessary.

6728.1. Qualificatiolls alld size of committeeEach review committee shall consist of no fewer than three registered professional

engineers appointed by the board. Each member of a committee shall have the samequalifications and shall be subject to the same rules and regulations as if he were a memberof the board.

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

Section 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 provisions of Chapter 5 (commencingwith Section 11500), Part 1, Division 3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer who presided at thehearing shall be present during the committee's consideration of 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 committee, the committee shall

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

6728.5. Authority for rules alld 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, suchrules and regulations as are necessary to implement these sections.

6728.6. Immullity provisionsEach member of a professional engineers review comrnlttee or other board-appointed

committee and any board-appointed represemative of the board shall be gramed the sameimmunity as is granted to a public employee pursuant to Article 3 (commencing with Section820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

[Added, Chapter 229, Statutes of 1986]

Article 3. Application of Chapter

6730. Necessity for registrationIn order to safeguard life, health, properlY and public welfare, any person, either in a

public or private capacity, except as in this chapter specifically excepted, who practices, oroffers to practice, civil engineering, electrical engineermg or mechanical engineering, in any ofits branches in this state, including any person employed by the State of California, or any city,county, or city and county, who practices engineering, shall submit evidence that he is qualifiedto practice, and shall be registered accordingly as a civil engineer, electrical engineer ormechanical engineer by the board.

7

6730.2. Requirement for registered person in responsible charge ofpublic sector engineering

It is the intent of the Legislature that the registration requirements which are imposedupon private sector professional engineers and engineering partnerships, firms, or corporationshall be imposed upon the state and any city, county, or city and county which shall adhere tothose requirements. Therefore, for the purposes of Section 6730 and this chapter, at least oneregistered engineer shall be designated the person in responsible charge of professionalengineering work for each branch of professional engineering practiced in any department oragency of the state, city, county, or city and county.

Any department or agency of the state or any city, county, or city and county which hasan unregistered person in responsible charge of engineering work on the effective date of thissection shall be exempt from this requirement until such time as the person currently inresponsible charge is replaced.

6731. Definition of civil engineeringCivil engineering embraces the following studies or activities in connection with fixed

works for irrigation, drainage, waterpower, water supply, flood control, inland waterways,harbors, municipal improvements, railroads, highways, tunnels, airports and airways, purification of water, sewerage, refuse disposai, foundations, grading, framed and homogeneousstructures, buildings, or bridges:

(a) The economics of, the use and design of, materials of construction and thedetermination of their physical qualities.

(b) The supervision of the construction of engineering structures.(c) The investigation of the laws, phenomena and forces of nature.(d) Appraisals or valuations.(e) The preparation or submission of designs, plans and specifications and

engineering reports.(f) Coordination of the work of professional, technical, or special consultants.(g) Creation, preparation, or modification ofelectronic or computerized data in the

performance of the activities described in subdivisions (a) through (f).Civil engineering also includes city and regional planning insofar as any of the above

features are concerned therein.Civil engineers registered priorto January 1,1982, shall be authorized to practice all land

surveying as defined in Chapter 15 (commencing with Section 8700) of Division 3.[Amended, Chapter 1226, Statutes of 1990]

Note: The fast registration number issued to a civil engineer registered before January 1,1982 was 33,965.

6731.1. Authority to perform engineering surveysCivil engineering also includes the practice or offer to practice, either in a public orprivate

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, asdescribed in Section 6731.

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

(c) Creates, prepares, or modifies electronic or computerized data in the perfor-mance of the activities described in subdivisions (a) and (b).


8

6731.2. Authority to offer to practice or procure land surveying workAny registered civil engineer may offer to practice, pro.cure, and offer to procure, iand

surveying work incidental to his or her civil engineering practice, even though he or she is notauthorized to perform that work, provided ail the land surveying work is performed by, or underthe direction of, a licensed land surveyor or registered civil engineer authorized to practice landsurveying. 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 toprocure, such incidental land surveying work.

6731.3 Authority topractice constructionprojectmanagementservicesA registered civil engineer may also practice or offer to practice, either in a public or

private capacity, construction project management services, including, but not limited to,construction projectdesign review and evaluation, construction mobilization andsupervision,bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, andgeneral management and administration of a construction project.

[Added, Chapter 786, Statutes of 1990J

6731.4 Liability for construction project management servicesIf a registered civil engineerprovides construction management services pursuant to

Section 6731.3, Section 6703. 1shallnot limit the responsibilityofthe engineerfor the servicesactually provided.


6732. Restricted titlesIt is unlawful for anyoneotherthan aprofessional engineer registered underthis chapter,

to stamp or seal any plans, specifications, plats, reports, or other documents with the seal orstamp of a professional engineer, or to in any manner use the title "professional engineer,""registered engineer," or "consulting engineer," oranyof the following branch titles: "agriculturalengineer," "chemical engineer," "civil engineer," "control system engineer," "corrosion engineer," "electrical engineer," "fire protection engineer," "industrial engineer," "manufacturingengineer," "mechanical engineer," "metallurgical engineer," "nuclear engineer," "petroleumengineer," "quality engineer," "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 titie "consulting engineer"

pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session is exempt from theprovisions of Section 6732 as it restricts the use of the title "consulting engineer," and suchexemption shail apply so long as the applicant remains in practice and advises the board of anychange of address within 30 days of such change. The board may adopt such rules underprovisions of the Administrative Procedure Act as are necessary to implement this section.

The provisions of Articles 5 (commencing with Section 6775), 6 (commencing withSection 6785), and 7 (commencing with Section 6795) ofthis chapter shail apply to ail personswho aregranted permission to use the title "consulting engineer" pursuant to legislation enactedin 1963 and 1965 and the amendments to this section enacted at the 1968 Regular Session.

6732.2. Photogrammetry-use of title "Consulting Engineer"Any person who possesses a valid certificate to practice photogrammetry issued to him

under the prOVisions of Chapter 15 (commencing with Section 8700) of this division may applyfor, and be issued, a certificate of authority to use the titie "consulting engineer," if ail of thefoilowing reqUirements are satisfied:

9

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

(b) Information submitted evidences to the satisfaction of the board that theapplicant has had five years of independent control in furnishing consulting photogrammetric,geodetic, ortopographic surveying services orconsulting surveying services in connection withfixed works as defined in Section 6731.

Authority to use the title "consulting engineer" granted under this section does not affectauthorizations made under the several provisions provided in Section 6732.1.

Authority to use the title "consulting engineer" granted under this section shall remainvalid only while its holder's basic license is valid, and if it lapses it may be renewed only asprovided in Article 7 (commencing with Section 6795).

The provisions of Article 5 (commencing with Section 6775), Article 6 (commencing withSection 6785), and Article 7 (commencing with Section 6795), ofthis chapter, shall apply to thecertificates issued as provided in this section and to the persons so certificated.

6733. Unlawful use of seal after expiration or suspension of certificateIt is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, orother

documents with the seal after the certificate of the registrant, named thereon, has expired orhas 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 engineering work.

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 engineering work.

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 her direction, and shall be signed by him or herto indicate his or her responsibility forthem. In addition to the signature, all final civil engineeringplans, specifications, and reports shall bear the seal or stamp of the registrant, and theexpiration date of the certificate or authority. The registered civil engineer shall use togetherwith his or her signature or seal, the title "civil engineer" or, if he or she has the authority, thetitle "structural engineer" or, if he or she has the authority, the title "soil engineer." If the finalcivil engineering plans, specifications, or reports have multiple pages or sheets, the signature,seal or stamp, and expiration date of the certificate or authority need only appear on theoriginals of the plans and on the orignal title sheet of the specifications and reports.


6735.1. No legal duty to supervise constructionThe signing of civil engineering plans, specifications, reports, ordocuments which relate

to the design of fixed works shall not impose a legal duty or responsibility upon the personsigning the plans, specifications, reports, or documents to supervise the construction ofengineering structures orthe construction of the fixed works which are the subject of the plans,specifications, reports, or documents. However, nothing in this section shall preclude a civil

10

engineer and a client from entering into a contractuai agreement which includes a mutuallyacceptable arrangement for the provision of construction supervision services. Nothingcontained in this subdivision shall modify the liability of a civil engineer who undertakes,contractually or otherwise, the provision of construction supervision services for renderingthose services.


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

plans, specifications, reports, or documents shall not be responsible for damage caused bysubsequent changes to or uses of those plans, specifications, reports, or documents, wherethe subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered engineer who originallysigned the plans, specifications, reports, or documents, provided that the engineering servicerendered by the civil engineer who signed the plans, specifications, reports, or documents wasnot also a proximate cause of the damage.

[Added, Chapter 1507, Statutes of 1985)

6735.3. Signing and sealing of electrical engineering plansAil electricai engineering plans, specifications, reports, or documents prepared by a

registered electrical engineer or by a subordinate under his or her direction shall be signed bythe engineer to indicate his or her responsibility for them. In addition to his or her signature,the engineer shall show his 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 mechanical engineering plansAll mechanical engineering plans, specifications, reports, or documents prepared by a

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

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

6735.5. Certification definedThe use ofthe word "certify" or "certification" by a registered professional engineer in the

practice ofprofessional engineering or land surveying constitutes an expression of professionaiopinion regarding those facts or findings which are the subject of the certification, and does notconstitute a warranty or guarantee, either expressed or implied.


6736. Restriction on use of title "structural engineer"No person shail use the title, "structural engineer," unless he is a registered civil engineer

in this State and, furthermore, unless he has been found qualified as a structural engineeraccording to the rules and regulations established therefor by the board.

6736.1. Qualifications and standards for use of title "soil engineer"(a) On or after Juiy 1,1984, no person shall use the titie, "soil engineer," unless he

or she is a registered civil engineer in this state and he or she has been found qualified as asoil engineer according to the rules and regulations established for soil engineers by the board.Any registered civil engineer using the titie "soil engineer" on or before July 1, 1984, may, fora period of two years, continue to use the titie "soil engineer." On and after Juiy 1, 1986, noperson may use the title "soil engineer," "soils engineer," or "geotechnical engineer," uniess he

11

or she files an application to use the appropriate titie with the board and the board determinesthe applicant is qualified to use the requested titie.

(b) The board shali estabiish qualifications and standards to use the "titie "soilengineer," "soils engineer," or "geotechnicai engineer." However, each applicant shalldemonstratea minimum of four years qualifying experience beyond that required for registrationas a civii engineer, and shall pass the examination specified by the board.

(c) In determining the qualifications and standards for qualification of individualapplicants to use the titie "soil engineer," "soiis engineer," and "geotechnical engineer" theboard shall utiiize a Technical Advisory Committee appointed by the board. The TechnicaiAdvisory Committee shall be comprised of soii engineers, soils engineers, and geotechnicalengineers, and at least one registered civii engineer who does not hold a soiis authority.

(d) Forpurposes of this section, "qualifying experience" means proofof responsiblecharge of soil engineering projects in at least 50 percent of the major areas of soil engineering,as determined by the board.

(e) Nothing contained in this chapter requires existing references to "soii engineer-ing," "soils engineering," "geotechnical engineering," "soil engineer," "soils engineer," or"geotechnicai engineer," in iocal agency ordinances, building codes, regulations, or policies,to mean that those activities or persons must be registered or authorized to use the relevanttitie 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 as he practices architecture in itsvarious 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 pians, 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) Muitiple dwellings containing no more than four dwelling units of woodframe

construction not more than two stories and basement in height. However, this paragraph shalinot be construed as aliowing an unlicensed person to design multipie clusters of up to fourdweiling units each to form apartment orcondomlnlum complexes where the total exceeds fourunits on any lawfully divided lot.

(3) Garages or other structures appurtenant to buildings described under subdivi-sion (a), of woodframe construction not more than two stories and basement in height.

(4) Agricultural and ranch buiidings of woodframe construction, unless the buiidingofficial having jurisdiction deems than an undue risk to the public health, safety or welfare isinvolved.

(b) Ifany portion ofanystructure exempted by this section deviates from substantialcompliance with conventional framing requirements for woodframe construction found in themost recent edition of Title 24 of the California Administrative Code or tables of limitation forwoodframe 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 ofplans, drawings, specifications, or calculations for that portion by, or under the directsupervision of, a licensed architect or registered engineer. The documents forthat portion shalibear the stamp and signature of the iicensee who is responsible for their preparation.


12

6737.2. AuthDrity fDr extensiDn Df civil engineering practiceNothing in this chapter shall prohibit a civil engineer, registered under the provisions of

this chapter, from practicing or offering to practice any engineering in connection with orsupplementary to civil engineering studies or activities as defined in Section 6731.

6737.3. CDntractDr exemptiDn-electrical, mechanical practiceForthe purpose of this chapter acontractor, licensed underChapter9 (commencing with

Section 7000) of Division 3, is exempt from the provisions olthis chapter relating to the practiceof electrical or mechanical engineering so iong as the services he holds himself out as able toperform or does perform, which services are subject to the provisions of this chapter, areperformed on behalf of the contractor by, or under the responsible supervision of a registeredelectrical or mechanical engineer insofaras the electrical or mechanical engineer practices thebranch of engineering for which he is registered.

6737.4. CDntractDr exemptiDn-electrical, mechanical designThis chapterdoes not prohibtt a contractor, licensed under Chapter g (commencing with

Section 7000) of Division 3, while engaged in the business of contracting for the installation ofelectrical or mechanical systems or facilities, from designing such systems or facilities inaccordance with applicable constnuction codes and standards for work to be performed andsupervised by such contractor within the classification for which his license is issued, or frompreparing electrical or mechanical shop or field drawings for work which he has contracted toperform. Nothing in this secflon is Intended to imply that a licensed contractor may design workwhich is to be installed by any other person.

6-738. Authorization for engineering business-business names(a) This chapter does not prohibit one or more civil, electrical, or mechanical

engineers from practicing or offering to practice within the scope of their registration, civil,electrical, or mechanical engineering as a sale proprietorship, partnership, firm, or corporation,(hereinafter called business), if all of the following requirements are met:

(1) A civil, electrical, or mechanical engineer currently registered in this state is anowner, part owner, or officer in charge of the engineering practice of the business.

(2) All engineering plans, specifications, reports, and documents are preparedunder the responsible charge of a registered engineer in the appropriate branch of professionalengineering.

(3) The business name of a California business shall only contain the name of anyperson who is registered by the board in a branch of professional engineering, a licensed landsurveyor, a licensed architect, or a geologist registered under the Geologist Act (Chapter 12.5(commencing with Section 7800)). Any offer, promotion, or advertisement by the businesswhich contains the name of any individual in the business, other than by use of the name of anindividual in the business name, shall clearly and specifically designate the license orregistration discipline of each individual named. An out-of-state business with a branch officein this state shall have a part owner or officer who is in charge of the engineering work in thebranch in this state, who is registered in this state, and who is physically present at the branchoffice in this state on a regular basis. However, the name of the business may contain the nameof any person not registered in this state if that person is appropriately registered in anotherstate. Any offer, promotion, or advertisement which contains the name of any individual in thebusiness, other than by use of the names of the individuals in the business shall clearly andspecifically designate the iicense or registration discipline of each individual named.

(b) A fictitious name may be used for an engineering business if (1) the name doesnotconflict with paragraph (3) of subdivision (a) requiring that names used in the business nameshall be appropriately registered individuals, and (2) an organization record form is filed withthe board.

13

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

(d) This chapter does not prevent an individual or business engaged in any line ofendeavor other than the practice of civil, electrical, or mechanical engineering from employingor contracting with a registered civil, electrical, or mechanical engineer to perform therespective engineering services incidental to the conduct of business,

(e) This section shall not prevent the use of the name of any business engaged inrendering civil, electrical, or mechanical (sic) engineering services, including the use by anylawful successororsurvivor, which lawfully was in existence on December31, 1987. However,the business is subject to paragraphs (1) and (2) of subdivision (a), and the business shall filean organization record form with the board as designated by board rule.

(f) A business engaged in rendering civil, electricai, or mechanicai engineeringservices may use in its name the name of a deceased or retired person provided all of thefollowing 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 of the business, oran owner, part owner, or officer of the predecessor in interest of the business.

(3) The person shall have been licensed as a professional engineer, or a landsurveyor, or an architect, or a geoiogist, (A) by the appropriate licensing board if that personis operating a place of business or practice in this state, or (8) by the applicable state board inthe event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does notpermitthe use of the name in the title of another professionai engineering business in this state duringthe period of the consent. However, the retired person may use his or her name as the nameof a new or purchased business if it is not identical in every respect to that person's name asused in the former business.

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

(6) The business files a current organization record form with the board.(g) This section does not affect the provisions of Sections 6731.2 and 8726.1.

[Amended, Chapter 671, Statutes of 1987J

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

or employees are exempt from registration under the provisions of this chapter.

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 engineer exempted from registration underthis chapter, insofar as he acts solely in such capacity, is exempt from registration under theprovisions of this chapter. This exemption, however, does not permit any such subordinate topractice civil, electrical or mechanical engineering in his own right or to use the title, "civilengineer" or "structural engineer" or "electrical engineer" or "mechanical engineer" or "soilengineer."

6741. Exemption for nonresidentsAny person, firm, partnership, or corporation is exempt from registration under the

provisions of this chapter who meets all of the following:(a) Is a nonresident of the State of California.(b) Is legally qualified in another 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.

14

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

salesman, when making appraisals and valuations of real estate properties, while engaged inthe business or acting in the capacity of a real estate broker or a real estate salesman, withinthe meaning of the California Real Estate Act is exempt from registration under the provisionsof this chapter.

6743. Non.appllcability to surveyorsThis chapter does not affect Chapter 15 of Division 3 of this code, relating to surveyors,

except insofar as this chapter is expressly made applicable.

6744. Exemption for iand holderThis chapter does not require a registration for the purpose of practicing civil engineer

ing, by an individual, a member of a firm or partnership, or by an officer of a corporation on orin connection with property owned or leased by the individual, firm, partnership, or corporation,unless the civil engineering work to be performed involves the public health or safety or thehealth and safety of employees 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 or without plans, drawings, specifications, instruments of service or other data covering such labor and materials:

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

(b) For any work necessary to provide for their installation.(c) For any alterations or additions to any building necessary to or attendant upon

the installation of such store fronts, interior alterations or additions, fixtures, cabinet work,furniture, appliances or equipment; provided, such alterations do not affectlhe structural safetyof the building.

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

equipment prepared by employees of communications companies which come under thejurisdiction of the Public Utilities Commission, and by employees of contractors while engagedin work on communication equipment for communications companies which come under thejurisdiction of the Public Utilities Commission, are not subject to the provisions of this chapter.

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

engineering, shall not be applicable to the performance of engineering work by a manufacturing, mining, public utility, research and development or other industrial corporation or byemployees of such corporation, provided such work is in connection with or incidental to theproducts, systems, or services of such corporation or its affiliates.

6748. Nuclear power plants(a) Notwithstanding Section 6747, this chapter applies to engineering work ap-

proved by a person employed by a privately or publicly owned utility in the planning, designing,construction, operation, or maintenance of a nuclear powerplant which is owned or operatedby the utility.

(b) Any engineering work subject to subdivision (a) shall be approved by aprofessional engineer registered in the applicable discipline of engineering specified in Section6732.


15

Article 4. Registration

6750. ApplicationsAn application for registration as a professional engineer or certification as an engineer

in-training shall be made to the board on the prescribed form, with all statements made thereinunder oath, and shall be accompanied by the application fee prescribed by this chapter. Anapplication for registration as a professional engineer shall specify, additionally, the branch ofengineering in which the applicant desires registration.

Engineer-in-training and professional engineer applications requirementsThe applicant for certification as an engineer-in-training shall compiy with all of

6751.

(a)the following:

(1) Not have committed acts orcrimes constituting grounds fordenial of registrationunder Section 480.

(2) Successfully pass the first division of the examination. The applicant shall beeligible to sit for the first division of the examination after satisfactory completion of three yearsor more of college or university education in a board-approved engineering curriculum or aftercompletion of three years or more of board-approved experience.

The board need not verify the applicant's eligibility other than to require the applicant tosign a statement of eligibility on the application form.

(b) The applicant for registration as a professional engineer shall comply with all ofthe following:

(1) Not have committed acts orcrlmes constituting grounds fordenial of registrationunder Section 480.

(2) Furnish evidence of six years or more of qualifying experience In engineeringwork satisfactory to the board evidencing that the applicant Is competent to practice thecharacter of engineering in the branch for which he or she is applying for registration, andsuccessfully pass the second division of the examination.

(3) The applicant forthe second division of the examination shall successfully passthe first division examination or shall be exempt therefrom.


6751.2. Foreign applicantsThe board may consider the professional experience and education acquired by

applicants outside the United States which in the opinion of the board is equivalent to theminimum requirements of the board established by regulation for professional experience andeducation in this state.

6751.5. Board criteria for approving curriculaThe board shall by rule establish the criteria to be used for approving curricula of schools

of engineering.

6752. Civil engineer experience under civil engineer directionAn applicant for registration as a civil engineer must have gained his experience under

the direction of a civil engineer legally qualified to practice.

6753. Professional engineer experience/education requirementsWith respect to applicants for registration as professional engineers, the board:(a) Shall give credit as qualifying experience of four years, for graduation with an

engineering degree from a college or university the curriculum of which has been approved bythe board.

(b) May at its discretion give credit as qualifying experience up to a maximum oftwoyears, for graduation with an engineering degree from a nonapproved engineering curriculum

16

or graduation with an engineering technology degree in an approved engineering technologycurriculum.

(cj May at its discretion give credit as qualifying experience of up to one-half year,for each year of successfully completed postsecondary study in an engineering curriculum upto a maximum of four years credit. A year of study shall be at least 32 semester units or 48quarter units.

(d) May at its discretion givecredit as qualifying experience not in excess ofone year, fora postgraduate degree in a school of engineering with a board approved postgraduate curriculum.

(e) May at its discretion give credit as qualifying experience for engineeringteaching, not in excess of one year, if of a character satisfactory to the board.

The sum of qualifying experience credit for subdivision (a) to (e). inclusive, shall notexceed five years.


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 engineering experience.

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 for 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 divided into

committees as the board shall direct. Thescope of examinations and the methods ofproceduremay be prescribed by board rule.


6755. Examination requirements(a) Examination duration and composition shall be designed to conform to the

following general principle: The first division of the examination shall test the applicant'sknowledge of appropriate fundamental engineering subjects, Including mathematics and thebasic sciences; the second division of the examination shall test the applicant's ability to applyhis or her knowledge and experience and to assume responsible charge in the professionalpractice of the branch of engineering in which the applicant is being examined.

(b) The applicantforthe second division of the examination shall have successfullypassed the first division examination or shall be exempt therefrom.

(c) The board may by rule provide for a waiver of the first division of the examinationfor applicants whose education and experience qualifications substantially exceed the requirements of Section 6751.

(d) The board may by rule provide for a waiver of the second division of theexamination for persons eminently qualified for registration in this state by virtue of theirstanding in the engineering community, their years of experience, and those other qualifications as the board deems appropriate.


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 laws and the board's rules andregulations. On and after April 1, 1988, the second division of the examination for registrationas a civil engineer shall also include questions to test the applicant's knowledge of seismicprinciples and engineering surveying principles as defined in Section 6731.1. No registrationfor a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant

17

unless he or she has successfully completed questions to test his or her knowledge of seismicprinciples and engineering surveying principles.

The board shall administer the questions to test the applicant's knowledge ofseismicprinciples and engineering surveying principles as a separate part of the second division of theexamination for registration as a civil engineer.

It is the intentof the Legislaturethatthissection confirm the authority ofthe board to issueregistrations prior to April 1, 1988, to applicants based on examinations not testing theapplicant's knowledge of seismic principles and engineering surveying principles as defined inSection 6731.1.


6755.2. State laws and board rules examinationThe board shall prepare and distribute to applicants for the second division of the

examination, a plain language pamphlet describing the important laws and the board's rulesand regulations regulating the practice of professional engineering in the state. That portionof the second division of the examination for registration as a professional engineer, testing theapplicant's knowledge of state laws and the board's rules and regulations, shall be based uponthe information contained in the pamphlet prepared by the board.

The board shall administer the test on state laws and board rules regulating the practiceof professional engineering in this state as a separate part of the second division of theexamination for registration as a professional engineer.


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

passing grade in that division of the examination prescribed in Section 6755 of this chapter,relating to fundamental engineering subjects, be issued a certificate as an engineer-in-training.No renewal or other fee, other than the application fee, shall be charged for this certification.Such certificate shall become invalid when the holder has qualified as a professional engineeras provided in Section 6762 of this chapter.

(b) An engineer-in-training certificate does not authorize the holder thereof topractice or offer to practice civil, electrical or mechanical engineering work, in his own right, orto use the titles specified in Section 6732.

6757. Applications, multi·branchesApplicants who profess to be qualified in more than one branch of engineering shall be

required to file an application for each branch in which they wish to be registered.

6758. Applications, reexaminationsAn applicant failing in an examination may be examined again upon filing a new

application and the payment of the application fee fixed by this chapter.

6759. Comity registrationTheboard, uponapplication therefor, on itsprescribedform, and thepaymentoftheapplication

fee fixed by this chapter, may issue a certificate of registration as a professional engineer, withoutwritten examination, to any person holding acertificate of registration issued to him orherby any stateor country when the applicant's qualifications meet the requirements of this chapter, and rulesestablished by the board. The board shall not require acomity applicant to meet any requirement notrequired ofCalliomiaapplicants. Forpurposesofthissection,equivalentseconddivisionexaminationsshall be eight-hour written examinations prepared by or administered by a state orterritory either bysingle or combined branch at the level generally administered by the board to persons who passedor were exempted from the first division examination. Applicants who have passed an equivalentsecond division combined branch or a singie branch examination in a branch not recognized for

18

registration in Califomia shall be registered in the branch in which their experience and educationindicate 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 feeprescribed in Section 6799 for a period not to exceed 60 consecutive days in any calendar yearif the applicant complies with all of the following:

(a) The applicant maintains no place of business in this state.(b) The applicant is legally qualified to practice that branch of engineering in the

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

board satisfactory evidence of his or her knowledge of the application of seismic forces in thedesign of structures or adequate knowledge in any of the other phases of civil and professionalengineering for which the applicant proposes to practice under the temporary authorization.

If the applicant can satisfy the board that completion of the specific project for which theauthorization is granted, will require more than 60 consecutive calendar days, the board mayextend the authorization to a period not to exceed 120 consecutive days.

Upon completion ofthe requirements, the executive officeron direction ofthe board shallissue a temporary authorization to the applicant.

6761. Qualification 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 asa professional engineer in the particular branch for which he or she is found qualified.


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

engineer:' or "geotechnical engineer" shall be made to the board on forms prescribed by It andshall be accompanied by the application fee fixed by this chapter.

An applicant for authority to use the title "structural engineer:' "soil engineer:' "soils engineer:'or "geotechnical engineer" who has passed the examination prescribed by the board, or an applicantfor authority to use the title ''soil engineer," "soils engineer:' or "geotechnical engineer" whoseapplication is submitted prior to July 1, 1986, and who has otherwise demonstrated that he or she isqualified, shall have a certificate of authority issued to him or her.

For purposes of this chapter, an authority to use the title "structural engineer:' "soilengineer," "soils engineer:' or "geotechnical engineer" is an identification of competence andspecialization in a subspacialty of civil engineering and necessitates education or experiencein addition to that required for registration as a civil engineer.


6763.5. Refund to unqualified applicantsIf an applicant for registration as a professional engineer or certification as an engineer-in

training, orforauthorization to use thetitle "structural engineer" or "soil engineer:' is found by the boardto lack the qualifications required for admission to the examination for such registration, certification,orauthorization, the board may, in accordance with the provisions of Section 158 ofthis code, refundto him or her one-half of the amount of his or her application fee.

19

6764. SealEach professional engineer registered underthis chaptershall, upon registration, obtain

a seal or stamp of a design authorized by the board bearing tlie registrant's name, number ofhis or her certificate or authority, the legend "professional engineer" and the designation of theparticular branch or authority 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 mutilated may be

issued subject to the rules and regulations of the board. The duplicate certificate fee fixed bythis chapter shall 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 courts and places that the personnamed therein is legally registered.


6775. ComplaintsThe board may receive and investigate complaints against registered professional

engineers, and make findings thereon.Bya 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 engineerregistered hereunder:

(a) Who has been convicted of a crime substantially related to the qualifications,functions and duties of a registered professional engineer, in which case the certified recordof conviction shall be conclusive evidence thereof.

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

(c) Who has been found guilty of any fraud or deceit in obtaining his certificate.(d) Who aids or abets any person in the violation of any provisions of this 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 the board shall have all the powers granted.

6777. Certificate-reissuanceThe board may reissue a certificate of registration, certification, or authority, to any

person whose certificate has been revoked if a majority of the members of the board vote infavor of such reissuance for reasons the board deems sufficient.

6779. 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 registered professional engineer is deemed to be a conviction within the meaning of this article. The board mayorder the certificate suspended or revoked, or may decline to issue a certificate, when the timedfor appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when anorder granting probation is made suspending the imposition of sentence, irrespective of asubsequent order under the provisions of Section 1203.4 of the Penal Code allowing such

20

person to withdraw his plea of gUilty and to enter a plea of not guilty, or setting aside the verdictof guilty, or dismissing the accusation, information or indictm~nt.


6785. Authority to investigate violationsThe board shall have the power, duty, and authority to investigate violations 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. lVIisdemeanors-misrepresentationEvery person is guilty of a misdemeanor and for each offense of which he or she is

convicted is punishabie by a fine of not more than one thousand dollars ($1,000) or byimprisonment not to exceed three months, or by both fine and imprisonment:

(a) Who, unless he or she is exempt from registration under this chapter, practicesor offers to practice civil, eiectrical, or mechanical engineering in this state according to theprovisions of this chapter without legal authorization.

(b) Who presents or attempts to file as his or her own the certificate of registrationof another.

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

(d) Who impersonates or uses the seai of any other practitioner.(e) Who uses an expired or revoked certificate of registration.(f) Who shall represent himself or herself as, or use the title of, registered civil,

electrical, or mechanicai engineer, or any other titie whereby such person could be consideredas practicing or offering to practice civil, electrical, or mechanical engineering in any of itsbranches, unless he or she is correspondingly qualified by registration as a civil, electrical, ormechanical engineer under this chapter.

(g) Who, uniess appropriately registered, manages, or conducts as manager,proprietor, oragent, any placeofbusiness from which civil, electrical, ormechanical engineeringwork is solicited, performed, or practiced.

(h) Who uses the title, or any combination of such title, of "professional engineer,""registered engineer," or the branch titles specified in Section 6732, or the authority titlesspecified in Section 6763, or "engineer-in-training," or who makes use of any abbreviation ofsuch title which might lead to the belief that he or she is a registered engineer, without beingregistered as required by this act.

(i) Who uses the title "consulting engineer"without being registered as required bythis act orwithout being authorized to use such title pursuant to legislation enacted at the 1963,1965 or 1968 Regular Session.

m Who violates any provision of this chapter.[Amended, Chapter 732, Statutes of 1985]

6788. Penalty for violations during a state of emergencyAny person who violates any provision of subdivisions (a) to (i), inclusive, of Section

6787 in connection with the offer or performance of engineering services for the repair ofdamage to a residentialornonresidentialstructure causedbya naturaldisasterfor which a stateof emergency is proclaimed by the Governor pursuant to Section 8625 of the Government

21

Code, or for which an emergency or major disaster is declared by the President of the UnitedStates, shall be punished by a fine up to ten thousand dollars ($10,000), or by imprisonmentin the state prison for 16 months, or for two orthree years, orbyboth the fine and imprisonment,or by a fine up to one thousand dollars ($1,000), or by imprisonment in the county jail notexceeding one year, or by both the fine and imprisonment.

[Added, Chapter 36, Statutes 01 1990j

Article 7. Revenue

6795. Certificate renewal time periodsCertificates of registration as a professional engineer, and certificates of authority, shall

be valid for a period of four years from the assigned date of renewal. Quadrennial renewalsshall be staggered on a monthly basis. To renew an unexpired certificate, the certificate holdershall, on or before the date of expiration indicated on the renewal receipt, apply for renewal ona form prescribed by the board, and pay the renewal fee prescribed by this chapter.


6795.1. Renewal noticesWithin 60 to 90 days prior to the expiration of a certificate of regisrration or certificate of

authority, the board shall mail to the registrant or authority holder a notice of the pendingexpiration. That notice shall include application forms for renewal. If there is no response bythe expiration date, the board shall provide a second notice, by certified or registered mail, tothe registrant's or authority holder's address.


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

engineer, and cert.ificates of authority may be renewed at any time within five years afterexpiration on filing of application for renewal on a form prescribed by the board and paymentof all accrued and unpaid renewal fees. If the certificate is renewed more than 60 days afterits expiration, the certificate holder, as a condition precedent to renewal, shall also pay thedelinquency fee prescribed by this chapter. Renewal under this section shall be effective onthe date on which the application is filed, on the date on which the renewal fee is paid, or onthe date 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 holderofthe certificate, while it remains suspendedand until it is reinstated, to engage in the activity to which the certificate relates, or in any otheractivity 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 holder of the certificate, as a conditionprecedent to its reinstatement, shall pay a reins18tement fee in an amount equal to the renewalfee in effect on the last regular 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

22

within five years after expiration may not be renewed, restored, reinstated, or reissued unlessall the following apply:

(a) The registrant or certificate holder has nof committed any acts or crimesconstituting grounds for denial of registration or of a certificate under Section 480. if theregistrant or certificate hoiderhas been practicing with an expired license ordelinquent license,the board may, in its discretion, deny the application for renewal, restoration, reinstatement, orreissuance, and may file a statement of issues, as described in Section 11504 of theGovernment Code, based upon the registrant's or certificate haider's practice with an expiredor delinquent license. The board may also, in its discretion, renew, restore, reinstate, or reissuea license if the applicant has been practicing with an expired license or delinquent license, andthe board may attach conditions to the renewal, restoration, reinstatement, or reissuance of theexpired 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 then appiying for the certificate for thefirst time, or otherwise establishes to the satisfaction of the board that, with due regard for thepublic interest, he or she is qualified to practice the branch of engineering in which he or sheseeks renewal or reinstatement.

(c) The registrant or certificate holder pays all of the fees that would be required ofhim or her if he or she were then applying for the certificate for the first time. II the registrantor certificate holder has been practicing in this state with an expired ordelinquent license andreceives a waiver from taking the examination asspecified in subdivision (b) then he orshe shallpay all accrued and unpaid renewal fees.

The board may, by regulation, provide for the waiver or refund of all or any part of theapplication fee in those cases in which a certificate is issued without an examination pursuantto the provisions of this section.


6796.5. Board jurisdiction-validity of work-liability issuesOnce an expired or delinquent certificate of registration or certificate of authority is renewed,

restored, reinstated, or reissued pursuant to Section 6796 or 6796.3, ail the following shall apply:(a) The board shall continue to have full jurisdiction and authority over the registrant

or certificate holder as if the registration or authority had not expired or become delinquent.(b) The work performed by the registrant or certificate holder during a period of

expiration ordelinquency shall be deemed lawfui and validly performed as to persons or entitiesother than the registrant or authority holder.

(c) The renewal, restoration, reinstatement, or reissuance of a registration orcertificate of authority shall not affect liability issues regarding work performed during a periodof expiration or delinquency, nor does the fact of performance during a period of expiration ondelinquency affect liability issues.


6796.6. Delinquent renewals-special provisionsNotwithstanding 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 tohave their certificate of registration or certificate of authority renewed, restored, reinstated, orreissued. The board may provide a special fee including any appropriate penaities for suchaction. The board may require the taking of an examination if the appiicant's certificate orauthority is more than five years delinquent.


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 such money to the State Controller and

23

shall pay it to the State Treasurer, who shall keep the money in a separate fund known as theProfessional Engineer's and Land Surveyor's Fund.

For accounting and recordkeeping purposes, the Professional Engineer's arid LandSurveyor's Fund shall be deemed to be a singie special fund, and shall be avaiiable forexpenditure only for the purposes as are now or may hereafter be provided by law.

The fees and civil penalties received under this chapter shall be deposited in theProfessionai Engineer's and Land Surveyor's Fund, All moneys in the fund are herebyappropriated for the purposes of this chapter.

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

6799. Fees-amountThe amount of the fees prescribed by this chapter shall be fixed by the board in

accordance with the following schedule:(a) The fee for filing each application for registration as a professional engineer and

each application for authority level designation at not more than one hundred seventy-fivedollars ($175), and for each application for certification as an engineer-in-training at not morethan sixty dollars ($60).

(b) The temporary registration fee for a professional engineer at not more than 25percent of the application fee in effect on the date of appiication.

(c) The renewal fee for each branch of professional engineering in which registra-tion is held, and the renewal fee for each authority level designation held, at no more than theprofessional engineer application fee currentiy in effect.

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

(e) The board shall establish by regulation an appeal fee for examination. Theregulation shall includeprovisions foran applicant to be reimbursed the appealfee if the appealresults in passage ofexamination. The fee charged shall be no more than the costs incurredby the board.

(f) All other document fees are to be set by the board by rule.Applicants wishing to be examined in more than one branch of engineering shall be

required to pay the additional fee for each examination after the first.[Amended, Chapter 545, Statutes of 1990J

24

Land Surveyor's Actchanges made during 1990 are as follows:

Section

872687308750880288038805

Effect

AmendAmendAmendAmendAmendAmend

Bill 41

AB 3395AB 4138AB 1748SB 2032SB 2032SB 2032

Notes

Chapter

12261520

109545545545

Effective

1/1/911/1/911/1/91 V'

1/1/911/1/911/1/91

For the reader's convenience, all newlanguage adopted in 1990 is printedin italics.

26

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, it shall be construed as referringto the Professional Land Surveyors' Act.


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

surveying. Whenever reference is made to a land surveyor by any statute, it shall be construedas 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 the observations, measurements,and descriptions involved In land surveying work. The phrase does not refer to the concept offinancial liability.


8704. Defines practiceAny person practices land surveying when he professes to be a land surveyor or is in

responsible charge of land surveying work.

8705. Defines subordinateAsubordinate is any person directly supervised by a licensed land surveyor or registered

civil engineer and who assists a licensed land surveyor or registered civil engineer in thepractice of land surveying without assuming responsible charge of work.

8706. Defines board"Board" refers to the State Board of Registration for Professional Engineers and Land

Surveyors.[Amended, Chapter 248, Statutes of 1986J

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

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

surveying unless appropriately licensed or specifically exempted from licensure under thischapter and only persons licensed under this chapter shall be entitled to take and use the titles"licensed land surveyor," "professional land surveyor," or "land surveyor," or any combinationthereof.


27


8710. Board authorityThe State Board of Registration for Professional Engineers and Land Surveyors is

vested with powerto administerthe provisions and requirements of this chapter, and may makeand enforce rules and regulations which are reasonably necessary to carry out its provisions.

8711. Record of applicationsThe executive officer of the board shall keep a complete record of all applications for

license and the board's action thereon.

8712. RosterThe executive officer shall prepare, once every two years, a roster containing the names and

addresses of all licensed land surveyors and containing all the rules and reguiations adopted by theboard for the administration of this chapter. The roster shall be a part of the roster of registeredprofessional engineers issued by the board. Between July 1and December 1of each year, exceptthe year in which the roster is prepared, the executive officer shail prepare a supplemental rostershowing changes in and additions to the roster. The executive officershall also prepare, at leastonceayear, asupplemental rostercontaining the namesand addresses ofall licenseeswho are delinquentin paying their fees, whose licenses have expired, or who are deceased.

Copies olthe roster and the supplemental roster shall be filed with the SecretaryofState.Copies olthe roster and the supplemental roster shall be available to the general public

on application to the executive officer at the price per copy fixed by the board.The rosters shall be public records.


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

may be necessary properly to carry out and enforce the provisions of this chapter.

8715. Technical advisory committeesThe board may establish licensed land surveyor technical advisory committees to

advise and assist the board with respect to the following:(1) The review and verification of applications for licensure.(2) The evaluation and investigation of potential violations of this chapter.(3) The amendment, repeai, adoption, or revision of board rules, regulations,

policies, or procedures.[Amended, Chapter 229, Statutes of 1986]

8715.1. Committee appointmentsEach memberofeach technical advisory committee shall be appointed by the board and

shall serve at the pleasure of the board. Each committee shail be composed of no more thanfive members.


8715.2. Committee member license requirementsEach member of each technical advisory committee shall be licensed under this chapter.


8715.3. Committee compensationAll members of each technical advisory committee shail serve without compensation

but shall receive per diem and expenses as provided in Section 103.[Amended, Chapter 229, Statutes of 1986]

28

8715.4. Committee immunityEach member of each technical advisory committee shall be granted the same immunity

as is granted to a public employee pursuant to Article 3 (commencing with Section 820) ofChapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.


Article 2.3. Land Surveyors Review Committees

8720. Review committeesThe board, when it deems necessary, may establish land surveyors review committees

to hearall matters assigned by the board, including, but not limited to, any contested case whichis assigned by the board. Each committee shall exist so long as the board deems that it isnecessary.

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 shall have the same qualifications andshall be subject to the same rules and regulations as 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, all hearings which are conducted by a

committee shall be conducted in accordance with the provisions of Chapter 5 (commencingwith Section 11500), Part 1, Division 3, Title 2 of the Government Code.

If a contested case is heard by a committee, the hearing officer who presided at thehearing shall be present during the committee's consideration of the case and, if requested,shall assist and advise the committee.

8720.4. Committee decisionsAtthe conclusion of any hearing which is conducted by acommittee, the committee shall

prepare a proposed decision, in such form that it may be adopted by the board as the decisionin the case, and shall transmit it to the board. The proposed decisions shall be subject to thesame procedure as the proposed 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, suchrules and regUlations as are necessary to implement the provisions of this article.

8720.6. Committee immunityEach member of a land surveyors review committee or otherboard-appointed committee

and any board-appointed representative of the board shall be granted the same immunity asis granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter1 of Part 2 of Division 3.6 of Title 1 of the Government Code.


29

Article 3. Application of the Chapter

8725. Requirement for licenseAny person practicing, or offering to practice, iand surveying in this state shail submit

evidence that he or she is qualified to practice and shail be iicensed under this chapter.It is unlawful for any person to practice, offer to practice, or represent himself or herself,

as a land surveyor in this state, or to set, reset, replace, or remove any survey monument onland in which he or she has no legal interest, unless he or she has been iicensed or specificailyexempted from iicensing under this chapter.


~. Defines survey practice~ person, including any person employed by the state or by a city, county, or city and

county within the state, practices land surveying within the meaning of this chapter who, eitherin a pubiic or private capacity, does or offers to do anyone or more of the foilowing:

(a) Locates, relocates, establishes, reestablishes, or retraces the aiignment orelevation for any of the fixed works embraced within the practice of civil engineering, asdescribed in Section 6731.

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

(c) Locates, relocates, establishes, reestablishes, or retraces any property line orboundary of any parcel of land, right-of-way, easement, or aiignment of those lines orboundaries.

(d) Makes any survey for the subdivision or resubdivision of any tract of land. Forthe purposes of this subdivision, the term "subdivision" or "resubdivision" shall be defined toinclude, but not iimited to, the definition in the Subdivision Map Act (Division 2 (commencingwith Section 6641 0) of Title 7 olthe Government Code) or the Subdivided Lands Law (Chapter1 (commencing with Section 11000) of Part 2 of Division 4 of the Business and ProfessionsCode).

(e) By the use of the principles of land surveying determines the position for anymonument or reference point which marks a property iine, boundary, or corner, or sets, resets,or replaces any such monument or reference 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 the functions described insubdivisions (a), (b), (c), (d), (e), and (f).

(h) Indicates, in any capacity or in any manner, by the use olthe title "land surveyor"or by any other title or by any other representation that he or she practices or offers to practiceland surveying in any of its branches.

(i) Procures or offers to procure land surveying work for himself, herself, or others.Q) Manages, or conducts as manager, proprietor, or agent, any piace of business

from which land surveying work is solicited, performed, or practiced.(k) Coordination of the work of professional, technical, or special consultants in

connection with the activities authorized by this chapter.(I) Determines the information shown or to be shown within the description of any

deed, trust deed, or other title document prepared for the purpose of describing the iimit of realproperty in connection with anyone or more of the functions described in subdivisions (a) to(f), inclusive.

(m) Creates, prepares, or modifies electronic or computerized data in the perfor-mance of the activities described in subdivisions (ai, (b), (c), (d), (e), (f), (k) and (I).

Any department or agency of the state or any city, county, or city and county which hasan unregistered person in responsible charge of land surveying work on the effective date of

30

the amendments made to this section at the 1984-85 Regular Session of the Legislature shailbe exempt from the requirement that the person be licensed as a land surveyor until such timeas the person currently in responsible charge is replaced. .

The reView. approval, or examination by a governmental entity of documents preparedor performed pursuant to this section shail be done by, or under the direct supervision of, aperson authorized to practice land surveying.


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 surveying practice, even though he or she is notauthorized to perform such work, provided ail such civil engineering work is performed by orunder the direction of a registered civil engineer. Further, any Iicensad land surveyor maymanage or conduct as manager, proprietor, or agent, a land surveying practice which offers topractice, procure, and offers to procure, such incidental civil engineering work.

8726.2. Authority to perform land planningA licensed land surveyor may also perform land pianning in connection with the land

surveying activities authorized by this chapter.[Added, Chapter 817, Statutes of 1988]

8727. Geologic or landscape surveys exemptionSurveys made exclusively for gaologicai or landscaping purposes, which do not involve the

detenmination of any property line do not constitute surveying within the meaning of this chapter.

8728. 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 the practice of civil engineering.

8729. Land surveying business, business title(a) This chapterdoes notprohibit one ormore licensed land surveyors or civil engineers

registered in this state prior to 1982 (hereinafter called civil engineers) from practicing or offering topractice wilhin the scope of their licensure, land surveying as asole proprietorship, partnership, firm,or corporation (hereinafter called business) if the following conditions are satisfied:

(1) A land surveyor orcivil engineer currently licensed in the state is an owner, partowner, or officer in charge of the land surveying practice of the business.

(2) Ail maps, plats, reports, descriptions, or other documents are prepared underthe responsible charge of a iand surveyor or civil engineer.

(3) The business name of a California business shail only contain the name of aperson licensed by the board as a land surveyor or registered by the board in any year as acivilengineer. Any offer, promotion, or advertisement by the business which contains the name ofany individual in the business, other than by use of the name of the individual in the businessname, shail clearly and specificaily designate the license or registration discipline of eachIndividual named. An out-of-state business with a branch office in this state shail have a partowner or officer who is in charge of the land surveying work in this state, who is licensed in thisstate, and who is physicaily present at the branch office in this state on a regular basis.However, the name olthe business may contain the name of aperson not licensed in this state,if that person is appropriately licensed in another state. Any offer, promotion, or advertisementwhich contains the name of any individual in the business, other than by use of the name of theindividual in the business name, shail clearly and specificaily designate the license orregistration discipline of each individual named.

(b) A fictitious name may be used for a land surveying business if (1) the namedoes not conflict with the provisions of paragraph (3) of subdivision (a) requiring that a name

31

used in the business name shall be that of an appropriately licensed individual, and (2) anorganization record is filed with the board.

(c) A nonregistered person may aiso be a parf oWner or an officer of a landsurveying business if the conditions of subdivision (a) are satisfied.

(d) This chapter does not prevent an individual or business engaged in any line ofendeavor, other than the practice of land surveying, from employing or contracting with alicensed land surveyor or a registered civil engineer to perform the respective land surveyingservices incidental to the conduct of business.

(e) This section shall not prevent the use of the name of any business engaged inrendering land surveying services, including the use by any lawful successor or survivor, whichlawfully was in existence on June 1, 1941. However, the business is subject to the provisionsof paragraphs (1) and (2) of subdivision (a) and the business shall file an organization recordform with the board as designated by board rule.

(f) A business engaged in rendering land surveying services may use in its namethe name of a deceased or retired person if the following 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 the death or retirement of the person.

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

(3) The person shall have been licensed as a land surveyor or a civil engineer bythe board, if operating a place of business or practice in this state, or by an applicable stateboard in the event no place of business existed in this state.

(4) The person, if retired, has consented to the use of the name and does notpermitthe use of the name in the title of another land surveying business in this state during the periodof that consent, except that a retired person may use his or her name as the name of a new orpurchased business, if that business is not identical in every respect to that person's name asused in the former business.

(5) The business shall be subject to paragraphs (1) and (2) of subdivision (a).(6) The business files a current organization record form with the board.(g) This section does not affect Sections 6731.2 and 8726.1.

[Repealed and Added, Chapter 671 , Statutes of 1987]

~ Exemptions to licensure~he following are not required to be licensed under this chapter:

(a) Officers and employees of the United States of America, practicing solely as thoseofficers or employees, except when surveying the exterior boundaries of federal lands in this state.

(b) Insofar as he or she acts In the following capacity:(1) Any state, county, city, or district employee directly responsible to a licensed

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

required by the laws of this state in so far as he or she acts as a subordinate.(c) Anyofficeroremployee alan electric, gas, or telephone corporation, as defined

in Sections 218, 222, and 234, respectively, 01 the Public Utilities Code, with annual revenuesof twenty-five million dollars ($25,000,000) or more, whenever he or she prepares a legaldescription of an easement for utility distribution lines and service facilities, provided thefollowing conditions are met:

(t) Each description identifies the corporation that prepared the description andstates that it was prepared pursuant to this exemption.

(2) Each corporation has in its employ, or on contract, an individual authorized topractice land surveying who shall be responsible for establishing criteria for determining thequalifications of technical specialists preparing those legal descriptions, specifying the formatandinformation to beshown on maps ordocuments containing those descriptions, andcapableof answering questions regarding the preparation of those descriptions.


32

8731. Civil engineers authorization to practiceA registered civil engineer and a civil engineer exempt from registration under Chapter

7 (commencing with Section 6700) of Division 3 are exempt frorillicensing under this chapterand may engage in the practice of land surveying with the same rights and privileges, and thesame duties and responsibilities of a licensed land surveyor, provided that for civil engineerswho become registered after January 1, 1982, they shall pass the second division examinationprovided for in Section 8741, and obtain a land surveyor's license, before practicing landsurveying as defined in this chapter.


Article 4. Issuance of License

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

be made to the board on the form prescribed by it, with all statements therein made under oath,and shall be accompanied by the application fee fixed by this chapter.

8741. Examination requirements and waivers(a) Thefirstdivisionoftheexaminationshalltesttheapplicant'sknowledgeoffundamental

surveying, mathematics, and basic science. The board may prescribe by regulation reasonableeducational or experience requirements but not to exceed two years of postsecondary education inland surveying or two years of experience in land surveying for admission to the first division of theexamination. Applicants who have passed the engineer-in-training examination, or who holdprofessional engineer registration, are exempt from this division of the examination.

The second division of the examination shall test the applicant's ability to apply his orher knowledge and experience and to assume responsible charge in professional practice ofland surveying.

(b) The applicant for the second division examination shall have successfullypassed the first division examination, or shall be exempt therefrom, and he or she shall bethoroughly familiar with the procedure and rules governing the survey of public lands as set forthin "Manual of Surveying Instructions," published by the Bureau of Land· Management,Department of the Interior, Washington, D.C.

(c) The board may by rule provide for awaiver of the first division olthe examinationfor applicants whose education and experience qualifica-tions substantially exceed therequirements of Section 8742.

(d) The board may by rule provide for a waiver of the second division of theexamination and the assignment to a special examination for those applicants whoseeducational qualifications are equal to, and whose experience qualifications substantiallyexceed, those qualifications established under subdivision (c). The special examination maybe either written or oral, or a combination of both.

8741.1. State laws 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 the board's rules and regulations.The board shall prepare and distribute to applicants for the second division of the examination,a plain language pamphlet describing the important laws and the board's rules and regulationsregulating the practice of land surveying in the state. That portion of the second division of theexamination for licensure as a land surveyorwhich tests the applicant's knowledge of state lawsand the board's rules and regulations shall be based upon the information contained in thepamphlet prepared by the board. The board shall administer the test on state laws and boardrules as a separate part of the second division examination for licensure as a land surveyor.


33

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

applicant forthe second division examination shall possess, sHall be not less than the followingprescribed minima:

(1) Graduation from a four-year curricuium with an emphasis in land surveyingapproved by the board or accredited by a national or regional accrediting agency recognizedby the United States Office of Education at a postsecondary educational institution and twoyears of actual experience in land surveying, including one year of responsible field training andone year of responsible office training; or

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

(3) Registration as a civil engineer with two years of actuai experience in landsurveying.

(b) With respect to applicants for license as a land surveyor, the board:(1) Shall count one year of postsecondary education in land surveying as one year

of experience in iand surveying up to a maximum of four years, provided the applicant hasgraduated from the course in iand surveying and the curriculum in land surveying is approvedby the board or is accredited by a regional or national accrediting agency recognized for thepurpose by the United States Office of Education. Each year at study in an approved or anaccredited course in land surveying without graduation shall be counted the same as one-halfyear of experience.

Each applicant claiming equivalent credit for education may be required to produce acomplete transcript of all college level courses completed.

(2) May at its discretion give credit as experience in land surveying, nolin excess of twoyears, for successfully passing the first division of the examination prescribed in Seclion 8741.

8743. References requiredThe names and addresses of at least four land surveyors or civil engineers, duly

qualified to practice in the place in which such practice has been conducted, each of whom hassufficient knowledge of the applicant to enable him to certify to the applicant's professionalintegrity, ability and fitness to receive a license, shall be submitted with the application for thesecond division of the examination.

8744. Support constitution-discharge dutiesThe applicantforthe second division olthe examination shall state in his application that,

should he be licensed, he will support the Constitution of this state and of the United States,and that he will faithfully discharge the duties of a licensed land surveyor.

8745. Conduct and scope of examinationsExaminations for license shall 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 shall be prescribed by board rule.

8746. Qualification and reexaminationIn determining the qualifications 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 licenseAny applicant who has passed the examinations prescribed by the board shall have a

suitable license issued to him.

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(a) An applicant who has passed the first division of the examination shall be issueda certificate as a land surveyor-in-training. No renewal or other fee, other than the applicationfee, shall be charged for this certification. A land surveYor-ln-training certificate'shall notauthorize the hoiderthereofto practice or offer to practice fand surveying. No person shall usethe title of land surveyor-in-training unless he is the holder of a valid land surveyor-in-trainingcertificate.

(b) An applicant who has passed the second division of the examination shall beissued a license as a land surveyor. The license shall authorize him to practice as a landsurveyor.

8748. Comity registrationThe board, upon application therefor, and the payment of the application and license fees fixed

by this chapter, may issue a land surveyor's license, without written examination, to any person whoholds a valid land surveyor's license issued to him by any Slate or country when the applicant'squalifications meet the requirements of this chapter and rules eslablished by the board.

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 qualifications required for admission to the examination for suchlicense or certification, the board may, in accordance with the provisions of Section 158 of thiscode, refund to him one-half of the amount of his application fee.

8749. Duplicate licenseA duplicate certificate of license to replace one lost, destroyed or mutilated may be

issued subject to the rules and regUlations of the board. The duplicate certificate lee fixed bythis chapter shall be charged.

G75~ Sealpan being licensed, each licensee may oblain a seal of the design authorized by the board

bearing the licensee's name, number of certificate and the legend "Licensed Land Surveyor:' or"Professional Land Surveyor." The seal may contain the expiraljon date of the license.


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, land survey engineer, survey engineer,geodetic engineer, or geometronic engineer unless he is the holder of a valid, unsuspendedand unrevoked license.

8752. Presumptive evidence of licensureAn unrevoked, unsuspended and unexpired license, or renewal certificate, issued by the

board is presumptive evidence in all courts and places that the person named is legally licensedunder this chapter.

8753. Temporary licenseA temporary license as a land surveyor may be granted, upon application and payment

of the temporary license fee fixed by this chapter, if the applicant complies with each of thefollowing provisions:

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

where he or she maintains a place of business to do land surveying.(c) The applicant's practice as a land surveyor in this state does not require more

than 60 days in anyone calendar year.

35

(d) The applicant notifies the board in writing of his or her infention to practicestating the approximate date when he or she intends to commence and the approximate lengthof time he or she expects to continue. . .

The executive officer after having determined that the applicant is qualified and hascomplied w',th the provisions of this section, may issue a temporary license to practice for aperiod 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 identification or establish

ment of aid, 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 faithfui performance of their duty.A record of oaths shall be preserved as part of the field notes of the survey and a

memorandum of them shail be made on the record of survey filed under this article.

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

prepare maps, piats, reports, descriptions, or other documentary evidence in connectiontherewith. All maps, plats, reports, descriptions, or otherdocuments issued by the licensed landsurveyor or registered civil engineer shail be signed by the surveyor or engineer to indicate thesurveyor's or engineer's responsibility for them. in addition to the signature, the map, plat,report, description, or other document shail bear the seal or stamp of the licensee or registrantand the expiration date olthe license or registration. if the map, plat, report, description, or otherdocument has multiple pages or sheets, the signature, seal or stamp, and expiration date ofthe license or registration need only appear on the originals of the map or plat and on the titlesheet of the report, description, or other document.

Every map, plat, report, description, or other document issued by a licensed landsurveyor or registered civil engineer shail comply with the provisions 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 unless the person is authorized to practice land surveying.


8761.1. Consistency of authority to sign and sealThe 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 beconsistent with that person's authority to practice land surveying.


8761.2. Responsibility for subsequent changesNotwithstanding the provisions of Section 8761, a registered civil engineer or licensed

land surveyor who signs land surveying maps, plats, reports, descriptions, or other surveyingdocuments shail not be responsible for damage caused by subsequent changes to or uses ofthose maps, plats, reports, descriptions, or other surveying documents, where the subsequentchanges or uses, including changes or uses made by state or local governmental agencies, arenot authorized or approved by the registered civil engineer or licensed land surveyor whooriginally signed the maps, plats, reports, descriptions, or other surveying documents, provided

36

that the engineering or surveying service rendered by the civil engineer or land surveyor whosigned the maps, plats, reports, descriptions, or other surveying documents was not also aproximate 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 engineer may file with the county surveyor in the county in which the survey was made,a record of the survey.

After making a survey in conformity with the practice of land surveying, the licensed landsurveyor or registered civil engineer shall file with the county surveyor in the county in whichthe survey was made a record of the survey relating to land boundaries or property lines, if thesurvey discloses any of the following:

(a) Material evidence or physical change, which in whole or in part does not appearon any subdivision map, official map, or record of survey previously recorded orfiled in the officeof the county recorder or county surveying department, or map or survey record maintained bythe Bureau of Land Management of the United States.

(b) A material discrepancy with the information contained in any subdivision map,official map, or record of survey previously recorded or filed in the office of the county recorderor the county surveying department, or any map or survey record maintained by the Bureau ofLand Management of the United States. For purposes of this subdivision, a "materialdiscrepancy" is limited to a material discrepancy in the position of points or lines, or indimensions.

(c) Evidence that, by reasonable analysis, might result in materially alternatepositions of lines or points, shown on any subdivision map, official map, or record of surveypreviously recorded or filed in the office of the county recorder or the county surveyingdepartment, or any map or survey record maintained by the Bureau of Land Management ofthe United States.

(d) The establishment of one or more points or lines not shown on any subdivisionmap, official map, or record of survey, the positions of which are not ascertainable from aninspection of the subdivision map, official map, or record of survey without trigonometriccalculations.

(e) The points or lines set during a survey of any parcel described in any deed orother instrument of title recorded in the county recorder's office are not shown on anysubdivision map, official map, or record of survey.

The record of survey required to be filed pursuant to this section shall be filed within 90days after the setting of boundary monuments during the performance of a surveyor within 90days after completion of a survey, whichever occurs firsf.

If the 90-day time limit contained in this section cannot be complied with for reasonsbeyond the control of the licensed land surveyor or registered civil engineer, the 90-day timeperiod shall be extended until such time as the reasons for delay are eliminated. If the licensedland surveyor or registered civil engineer cannot comply with the 90-day time limit, he or sheshall, prior to the expiration of the 90-day time limit, provide the county surveyor with a letterstating that he or she is unabie to comply. The letter shall provide an estimate of the date forcompletion of the record of survey, the reasons forthe 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 not initially be required toprovide specific details of the survey. However, if other surveys at the same location areperformed by others which may affect or be affected by the survey, the licensed land surveyoror registered civil engineer shall then provide information requested by the county surveyorwithout unreasonable delay.

Any record of survey filed with the county surveyor shall, after being examined by himor her, be filed with the county recorder.

37

8762.5. Record of survey-land divisionNo record of surveyof land shown on the latest adopted county assessment roll aSB unit

or as contiguous units, which shows a division of such land Into additional parcels, shall be filedwith the county surveyor or with the county recorder, unless there is attached thereto acertificate by the county surveyor if the land lies within an unincorporated area, or a certificateby the city engineer if the land lies within a city, of compliance with the provisions of theSubdivision Map Act, Division 2 (commencing with Section 6641 0) ofTitle 7 ofthe GovernmentCode, and any applicable local ordinance enacted pursuant thereto.

8763. Record of survey-sheet requirementsThe record of survey shall be a map, legibly drawn, printed, or reproduced by a process

guaranteeing a permanent record in black on tracing cloth, or poiyester base film, 18 by 26 inches.If ink is usedon polyesterbase film, the inksurface shall be coated with asuitable substance to assurepermanent legibility. A one-inch blank margin shall be left on each edge of the map.

8764. Record of survey-technical requirementsThe record ofsurvey shall show the applicable provisions ofthe 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 relating thereto.(b) Bearing or witness monuments, basis of bearings, bearing and length of lines,

scale of map, and north arrow.(c) Name and legal designation of the property in which the survey is located, and

the date or time period of the survey.(d) The relationship to those portions of adjacent tracts, streets, or senior convey-

ances 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, or convenient for the identification of the surveyorsurveyor, as may be determined by the civil engineeror land surveyorpreparing the record ofsurvey.

The record of survey shall also show, either graphically or by note, the reason orreasons, if any, why the mandatory filing provisions of subdivisions (a) to (e), inclusive, ofSection 8762 apply.

The record of survey need not consist of a survey of an entire property.[Amended, Chapter 133, Statutes of 1988]

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

SURVEYOR'S STATEMENT

This mapcorrectly represents asurvey made by me orunder mydirection In conformancewith the requirements of the Land Surveyors' Act

at the request of .,...,-__=__-,--,--,-_-::- _Name of Person Authorizing Survey

in ,19 __ .(Signed and sealed) _

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

License expiration date _

38

COUNTY SURVEYOR'S STATEMENT

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

(Si9ned and sealed) _

County SurveyorL.S. (or R.C.E.) No. _

License expiration date _

RECORDER'S STATEMENT

Filed this day of ,19 , at __ ,.m

in Book of at

page , at the request of

(Signed) -::---:--::-_-:- _County Recorder

No other statements may appear on the face of the map except those required or authorizedby this article.


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

reproducible copy thereof, showing all data required by Section 8764, except the recorder'sstatement, has been filed with the county surveyor of the county in which the land is located.Any map so filed shall be indexed and kept available for public 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, where no material discrepancies with those records are found and sufficientmonumentation is found to establish the precise location of property corners thereon, provided thata comer record is filed for any property corners which are set or reset or found to be of a differentcharacter than indicated by prior records. For purposes of this SUbdivision, a "material discrepancy"is limited to a material discrepancy in the position of points or lines, or in dimensions.


8766. Record of survey-examinationWithin 20working days afterreceivingthe record of survey, orwithin such additional time

as may be mutually agreed upon by the land surveyor or civil engineer and the county surveyor,the county surveyor shall examine it with respect to all of the following:

(a) Its accuracy of mathematical data and substantial compliance with the informa-tion required by Section 8764.

(b) Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5, and 8772.The examination pursuant to this section shall not require the licensed land surveyor

or registered civil engineer submitting the record of survey to change the methods orprocedures utilized or employed in the performance of the survey, nor shall the examinationrequire a field survey to verify the data shown on the record of survey.

39

Nothing in this section shall limit the county surveyor trom [ncluding notes expressingopinions regarding the record of survey, or the methods or propedures utilized or employed inthe performance of the survey.

The examination pursuant to this section shal[ be performed by, or under the directsupervision of, a licensed [and surveyor or registered civil engineer.

8766.5. Record of survey-examination feeThe county surveyor may charge a reasonable fee for examining a record of survey pursuant

to Section 8766which shall notexceedthe cost ofthe serviceorone hundred dollars ($1 00), whicheveris the lesser. However, this one hundred dollars ($1 00) maximum fee maybe increased by the boardof supervisors if such an increase is authorized by a duly adopted ordinance and the ordinance wasadopted pursuant to a staff report demonstrating that the cost of providing the examination serviceactually exceeds one hundred dollars ($100) per record of survey.

8767. County surveyor endorsement[f the county surveyor finds that the record of survey complies with the examination in

Section 8766, the county surveyor shall endorse a statement on it of his or her examination,and shall present it to the county recorder for filing. Otherwise the county surveyor shall returnit to the person who presented it, together with a written statement of the changes necessaryto make it conform to the requirements of Section 8766. The licensed land surveyor orregistered civil engineer submitting the record of survey may then make the agreed changesand note those matters which cannot be agreed upon and resubmit the record of surveypursuant to Section 8768.

8768. Record of survey explanation of differences[f the matters appearing on the record of survey cannot be agreed upon by the licensed

[and surveyor or the registered civil engineer and the county surveyor within 10 working daysafter the licensed [and surveyor or registered civil engineer resubmits and requests the recordof survey be filed without further change, an explanation of the differences shal[ be noted onthe map and it shall be presented by the county surveyor to the county recorder for filing, andthe county recorder shall file the record of survey.

8768.5. Record of survey-timely filing[f the county surveyor fails to timely file the record of survey with the county recorder in

accordance with Section 8768, the licensed [and surveyor or registered civil engineersubmitting the map may bring an action pursuantto Section 1085 of the Code of Civil Procedureto compel the filing of the record of survey. After the licensed land surveyor or registered civilengineer resubmits and requests the record of survey be filed without further change, the filingof the record of survey shall be deemed to be a ministerial act.

[n any action brought pursuant to Section 1085 of the Code of Civil Procedure betweena licensed [and surveyor or a registered civil engineer and the county surveyor of any county,the court may award to the prevailing party costs and other expenses of litigation, including thepayment of experts and other witnesses, and reasonable attorney's fees.

8769. Record of survey-filing costsThe charge for filing any record of survey, and for Indexing the same, shall bethe same

as provided for subdivided [and under Section 27372 of the Government Code.

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

fastened by him into a suitable book provided for that purpose.He shall keep proper indexes of such record of survey by the name of grant, tract,

subdivision or United States subdivision.

40

The original map shall be stored for safekeeping in a reproducible condition. It shall beproper procedure for the recorder to maintain for public reference a set of counter maps thatare prints of the original maps, and the original maps to be produced for comparison upondemand.

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

any course ordistance that was omitted therefrom, arto correct any error in: course or distanceshown thereon, the description of the land which the record of survey comprised, lot numbers,street names, acreages, identification of adjacent record maps, orthecharacter of monuments beingset, or to correct any other minor errors approved for correction by the county surveyor in the samemanner that subdivision maps may be amended under the provisions of the Subdivision Map Act,Division 2 (commencing with Section 66410) otTilie 7 of the Government Code.

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

civil engineer in the practice of professional engineering or land surveying or the preparationof maps, plats, reports, descriptions, or other surveying documents only constitutes anexpression of professional opinion regarding those facts orfindings which are the subject ofthecertification, and does not constitute a warranty or guarantee, either expressed or implied.


8771. Record of survey-monumentationMonuments set shall be sufficient in number and durability and efficiently placed so as

not to be readily disturbed, to assure, together with monuments already existing, theperpetuation or facile re-estabilshment of any point or line of the survey.

When adequate records exist as to the location of subdivision, tract, street or highwaymonuments, such monuments shall be located and referenced by or under the direction of alicensed land surveyor or registered civil engineer at the time when streets or highways arereconstructed or relocated. They shall be reset in the surface ofthe new construction, a suitablemonument box placed thereon, or permanent witness monuments set to perpetuate theirlocation. Sufficient controlling monuments shall be retained or replaced in their originalpositions to enable land lines, property corners, and tract boundaries to be re-establishedwithout devious surveys necessarily originating on monuments differing from the ones whichcurrently control the area. It shall be the responsibility of the governmental agency or othersperforming construction work to provide forthe monumentation required by this section. It shallbe the duty ofevery land surveyororcivil engineer to cooperate with such governmental agencyin mallers of maps, field notes, and other pertinent records. Monuments set to mark the limitinglines of highways, roads, or streets shall not be deemed adequate for this purpose unlessspecifically noted on the records of the improvementworks with directties in bearing or azimuthand distance between these and other monuments of record.

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 also shows, or is accompanied by a mapshowing, the control scheme through which the coordinates were determined from points ofknown 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 be permanently and visibly marked or taggedwith the certificate number of the surveyor or civil engineer selling it, each number to bepreceded by the lellers "L.S." or"R.C.E.." respectively, as the case may be or, ifthe monument

41

is set by a public agency, it shali be marked with the name of the agency and the politicalsubdivision it serves.

Nothing in this section shali prevent the inclusion of other information on the tag whichwiil assist in the tracing or iocation of the survey records which 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 herseal, and file withthe county surveyor or engineer of the county where the corners are situated, a written recordof corner establishment or restoration to be known as a "corner record" for every cornerestablished by the Survey of the Public Lands of the United States, except "lost corners," asdefined by the Manual of Instructions for the Survey of the Public Lands of the United States,and every accessory to such corner which is found, set, reset, or used as control in any surveyby such authorized person.

(b) After the establishment of a lost corner, as defined by the Manual of Instructionsfor the Survey of the Public Lands of the United States, a record of survey shall be filed as setforth in Section 8764.

(c) Any person authorized to practice land surveying in this state may file suchcorner record for any property corners, property controlling corners, reference monuments, oraccessories to a property corner.


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 board shall prescribe the form in whichsuch corner record shall be presented and filed, and the time limits within which the form shallbe filed.

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

examined by him be filed with the county surveyor.(b) Thecounty surveyorofthe county containing thecornershall receilie and record

the completed corner record.(c) The corner record filed with the county surveyor of any county shall be securely

fastened by him into a suitable book provided for that purpose.(d) A charge for examining, indexing and filing the corner record may be collected

by the county surveyor, not to exceed the amount required for the recording of a deed.

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 or rehabilitate the monument of suchcorner, and accessories to such corner, so that the same shall be left by him in such physicalcondition that it remains as permanent a monument as is reasonabiy possibie and so that thesame may be reasonably expected to be iocated with facility at all times in the future.

8773.4. Corner record-sign and seal-when no record required(a) No corner record shall be filed uniess the same is signed by a licensed iand

surveyor or registered civil engineer and stamped with his seal, or in the case of an agency ofthe United States government orthe State of California the certificate may be signed by the chiefof the survey party making 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.

42

(2) All conditions of Section 8773 are complied with by proper notations on a recordor survey map filed in compliance with the Land Surveyor's Act or a parcel or subdivision map,in compliance with the Subdivision Map Act.

This section shall not apply to maps filed prior to the effective date of this section.

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

eVidence, and to perform surveys, is a right of persons legally authorized to practice landsurveying, and it is the responsibility of the owner or tenant who owns or controls property toprovide reasonable access without undue delay. The right of entry is not contingent upon theprovision of prior notice to the owner or tenant. However, the owner or tenant shall be notifiedof the proposed time of entry where practicable.

(b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.

(c) When required for a property survey, monuments within a freeway right-of-way shallbe referenced to usable points outside the access control line by the agency having jurisdiction overthe freeway when requested in writing by the registered civil engineer or licensed land surveyor whoistoperformthepropertysurvey. Theworkshallbedonewithinareasonabletimeperiodbytheagencyin direct cooperation with the engineer or surveyor and at no charge to him or her.


Article 5.5. Photogrammetry

8775. Use of titleNo person shall use the title of photogrammetrist or photogrammetric surveyor unless

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

8775.1. Photogrammetric servicesPersons meeting the requirements of this article may engage In and perform all

photogrammetric services germane to this chapter, either as individuals, employees, or asIndependent contractors; provided, however, that the field surveys to be done are performedby registered civil engineers or licensed land surveyors, and In the preparation of anytopographic map which contains the delineation of property corners or a property boundary orboundaries the work is certified or attested to by a registered civil engineer or 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 certificate number which will Indicatehis responsibility for the work.

8775.3. FeesPhotogrammetric surveyor licenses shall be renewable upon payment of the fee fixed by the

board forwhich a renewal certificate shall be Issued. Photogrammetric surveyor license fees shall bethe same as those prescribed for land surveyor's licensing; and the provisions of this chapter relatingto revenue, and with respect to disciplinary proceedings, shall similarly apply.


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 or registered civil engineer,

43

respectively, licensed under this chapter or registered under the provisions of Chapter 7(commencing with Section 6700) of Division 3, whom it finds. to be guilty of:

(a) Any fraud, deceit, negligence, or incompetency in his practice of land 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

involving the practice of land surveying.(d) Any conviction of a crime substantially related to the qualifications, functions

and duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof.(e) Aiding or abetting any person in the violation of any provision of this chapter.(f) A breach of contract in connection with the practice of land surveying.

8781. 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 the board shall have all the powersgranted therein.

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 surveyor isdeemed to be conviction within the meaning of this article. The board may order the licenseor certificate suspended or revoked, or may decline to issue a license or certificate, when thetime for appeal has elapsed, orthe judgment of conviction has been affirmed on appeal orwhenan order granting probation is made suspending the imposition of sentence, irrespective of asubsequent order under the provisions of Section 1203.4 of the Penal Code allowing suchperson to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdictof guilty, or dismissing the accusation, information or indictment.

8784. License-reissuanceThe 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 such reinstatement, for reasons the boardmay deem sufficient.


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 the provisions of this chapter.

8792. MisdemeanorsEvery person is gUilty of a misdemeanor:(a) Who, unless he is exempt from licensing underthis chapter, practices, or offers

to practice, land surveying in this State without legal authorization.(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.

44

(e) Who falsely impersonates or uses the seal of another practitioner, of like ordifferent name.

(f) Who uses an expired or revoked license.(g) Who violates any provision of this chapter.

Article 8. Revenue

8800. Accounting and deposit of fundsThe department shall receive and account for ail money derived under the operation of

this chapter and, at the end of each month, shail report such money to the State Controiler andshail pay it to the State Treasurer, who shail keep the money in a separate fund known as theProfessional Engineer's and Land Surveyor's Fund.

For accounting and recordkeeping purposes, the Professionai Engineer's and LandSurveyor's Fund shail be deemed to be a single speciai fund, and shall be available forexpenditure only for the purposes as are now or may hereafter be provided by law.

The fees and civil penalties received under this chapter shall be deposited in theProfessional Engineer's and Land Surveyor's Fund. All moneys in the fund are herebyappropriated for the purposes of this chapter.

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

renewals shail be staggered on a quarterly basis. To renew an unexpired iicense the licenseholder shail on or before the date of expiration indicated on the renewal receipt, apply forrenewai on a form prescribed by the board, and pay the renewai fee prescribed by this chapter.

~ Delinquent license, less than five yearsExceptas otherwise provided in thisarticie, licenses issued underthischaptermayberenewed

at any time within five years after expiration on filing of application for renewal on a form prescribedbythe board and payment of allaccruedandunpaidrenewal fees. If the license is renewed more than30 days after its expiration, the licensee, as a condition precedent to renewai, shall also pay thedelinquency fee prescribed by this chapter. Renewal under this section shall be effective on the dateon which the applicalion is filed, on the date on which the renewal fee is paid, or on the date on whichthe delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continuein effect through the date provided in Section 8801 which next occurs after the effeclive date of therenewal, when it shall expire if it is not again renewed.


8802.1. Suspended certificateA suspended license is subject to expiration and shali be renewed as provided in this

article, but such renewal does not entitle the iicensee, whiie the license remains suspended anduntii it is reinstated, to engage in the licensed activity, or in any other activity or conduct invioiation of the order or judgment by which the license 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 its expiration, the licensee, as a condition precedent to itsreinstatement, shail pay a reinstatement fee in an amount equal to the renewal fee in effect onthe last regular renewai date before the date on which it is reinstated, plus the deiinquency fee,if any, accrued at the time of its revocation.

~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 ail of the foilowing apply:

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(a) The licensee has not committed any acts or crimes constituting grounds fordenial of licensure under Section 480. If the licensee has .been practicing with an. expiredlicense 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 inSection 11504 of the Government Code, based upon the registrant's or licensee's practice withan expired ordelinquent license. The board may also, in its discretion, renew, restore, reinstate,or reissue a license if the applicant has been practicing with an expired license or delinquentlicense, and the board may attach conditions to the renewal, restoration, reinstatement, orreissuance of the expired license or delinquent license.

(b) The licensee pays all of the fees which would be required if applying for thelicense for the first time. If the registrant or certificate holder has been practicing in this statewith an expired or delinquent license and receives a waiver from taking the examination asspecified in subdivision (c) then he or she shall pay all accrued and unpaid renewal fees.

(c) The licensee takes and passes the examination, if any, which would be requiredif applying for the license for the first time, or otherwise establishes to the satisfaction of theboard that, with due regard for the public interest, the licensee is qualified to engage in thepractice of land surveying.

The board may, by appropriate regulation, authorize the waiver or refund of all or anypart of the application fee in those cases in which a license Is issued without an examinationunder 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 overthe licensee

as if the license had not expired or become delinquent.(b) Theworkperformed by the licensee during aperlod of expiration or delinquency

shall be deemed lawful and validly performed as to persons or entitles other than the licensee.(c) The renewal, restoration, reinstatement, or reissuance of a license shall not

affect liability issues regarding work performed during a period of expiration or delinquency, nordoes the fact of performance during a period of expiration or delinquency affect liability 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 or restoration of his land surveyor's license, without the paymentof the surveyor's renewal fee or penalty.

8804.5. Fee refundsThe board may make refunds of all fees in accordance with Section 158 of this code.

~ Fees~he amount of the fees prescribed by this chapter shall be fixed by the board in

accordance with the following schedule:(a) The fee for filing each application for licensure as a land surveyor at not more

than one hundred seventy-five dollars ($175), and for each application for certification as a landsurveyor-in-training (LSIT) at not more than sixty dollars ($60).

(b) The temporary registration fee for a land surveyor at not more than 25 percentof the application fee in effect on the date of application.

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(c) The renewal fee for a land surveyor at not more than the application fee.(d) The delinquency fee at not more than 50 percent of the renewal fee in effect on

the date of reinstatement. . .(e) The board shall establish by regulation an appeal fee for examination. The

regulation shall include provisions for an applicant to be reimbursed the appeal fee if the appealresults in passage of examination. The fee shall be no more than the costs incurred by theboard.

(f) All other document fees are to be set by the board by rule.[Amended, Chapter 545, Statutes of 1990J

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 tohave their licenses renewed, restored, reinstated, or reissued. The board may impose aspecialfee, including any appropriate penalties, for the license renewai, restoration, reinstatement, orreissuance. The board may require the taking of an examination if the applicant's iicense ismore than five years' delinquent.


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Notes

For the reader's convenience, allnewlanguage adopted in 1990 is printedin italics.

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400. Introduction.These regulations are adopted by the Board in order to impiement and make specific

the Professionai Engineers' Act and the Land Surveyors' Act, Business and Professions CodeSections 6700 et seq., and 8700 et seq., respectiveiy.

403. Location of Offices.The principai office of the board is 1428 Howe Avenue, Suite 56, Sacramento 95825

3298. Ali correspondence relating tothe activities olthe board, including applications, renewaisand remittances, shali be directed to the board's office.

404. Definitions.For the purpose of the rules and regulations contained in this chapter, the foliowing

terms are defined. No definition contained herein authorizes the practice of engineering asdefined in Sections 6702, 6702.1,6702.2,6731 and 6736 of the code.

(a) "Agricultural engineering" is that branch of professionai engineering whichrequires such education and experience as is necessary to understand and apply engineeringprinciples to the design, construction, and use of specialized equipment, machines structuresand materiais relating to the agricultural industry and economy. It requires knowledge of theengineering sciences relating to physical propertiesand biological variables offoodsand fibers;atmospheric phenomenaas they are related toagricuiturai operations; soil dynamicsas relatedto traction, tiliage and plant-soil-water reiationships; and human factors reiative to safe designand use of agricultural machines. The safe and proper application and use of agriculturalchemicais and their effect on the environment are aiso concerns of the agricuitural engineers.The above definition of agricultural engineering shali not be construed to permit the practice ofcivil, electrical or mechanical engineering, nor professional forestry.

(b) "Board" means the State Board of Registration for Professional Engineers andLand Surveyors.

(c) "Chemical engineering" is that branch of professional engineering whichembraces studies or activities relating to the development and application of. processes inwhich chemical or physicai changes of materials are involved. These processes are usuallyresolved into a coordinated series of unit physical operations and unit chemical processes. Itis concerned with the research, design, production, operational, organizational, and economicaspects of the above. The above definition of chemical engineering shali not be construed topermit the practice of civil, electricai or mechanical engineering.

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

(e) "Civil engineering" is that branch of professional engineering as defined inSection 6731 of the code.

(f) "Code" means the Business and Professions Code.(g) "Concrete building" as used in Section 6737.1 (d) of the code includes any

building with walis, floors (except where laid on the ground) or roof of concrete of any type,whetherpoured in place orprecast, orwhetherconstructed with large orsmali units of concrete.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 who holds a validregistration under the provisions of the code, or a person who possesses a valid authorizationissued pursuant to Section 6732.2 of the code, or a person who holds a valid exemption fromprovisions of the chapter as provided for in Sections 6704 and 6732.1 of the code.

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(i) "Control system engineering" is that branch of professional engineering whichrequires such education and experience as is necessary to understand the science ofinstrumentation and automatic control of dynamic processes; and requires the ability to applythis knowledge to the planning, development, operation, and evaluation of systems of controlso as to insure the safety and practical operability of such processes. The above definition ofcontrol system engineering shall not be construed to permit the practice of civil, electrical, ormechanical engineering.

U) "Corrosion engineering" is that branch of professional engineering whichrequires such education and experience as is necessary to understand the environmentalcorrosion behavior of materials; and requires the ability to apply this knowledge by recommending procedures for control, protection and cost effectiveness, resulting from the investigationof corrosion causes or theoretical reactions. The above definition of corrosion engineering shallnot be construed to permit the practice of civil, electrical, or mechanical engineering.

(k) "Electrical engineer" refers to a person who holds a valid registration in thebranch of electrical engineering, as defined in Section 6702.1 of the code.

(I) "Electrical engineering" Is that branch of professional engineering described inSection 6734.1 of the code, which embraces studies or activities relating to the generation,transmission, and utilization of electrical energy, including the design of electrical, electronicand magnetic circuits and the technical control of their operation and of the design of electricalgear. It is concerned with research, organizational, and the economic aspects of the above.

(m) "Engineer-in-training" refers to a person who has been granted a certificate asan "engineer-in-training" in accordance with Section 6756 of the code.

(n) "Fire protection engineering" is that branch of professional engineering whichrequires such education and experience as is necessary to understand the engineeringproblems relating to the safeguarding of life and property from fire and fire-related hazards; andrequires the ability to apply this knowledge to the identification, evaluation, correction, orprevention of present or potential fire and fire related panic hazards in buildings, groups ofbuildings, or communities, and to recommend the arrangement and use offfre resistant buildingmaterials and fire detection and extinguishing systems, devices, and apparatus in order toprotect life and property. The above definition of fire protection engineering shall not beconstrued to permit the practice of civil, electrical, or mechanical engineering.

(0) "Industrial engineering" is that branch ofprofessional engineering which requiressuch education and experience as is necessary to investigate, to design, and to evaluatesystems of persons, materials and facilities for the purpose of economical and efficientproduction, use, and distribution. It requires the application of specialized engineeringknowledge of the mathematical and physical sciences, together with the principles andmethods of engineering analysis and design to specify, predict, and to evaluate the resuits tobe obtained from such systems. The above definition of industrial engineering shall not beconstrued to permit the practice of civil, electrical, or mechanical engineering.

(p) "Land surveying" is that practice defined in Section 8726 of the code.(q) "Land surveyor" refers to a person who holds a valid license as a land surveyor,

as defined in Section 8701 of the code.(r) "Land surveyor-in-training" refers to a person who has been granted acertificate

as a "land surveyor-in-training" in accordance with Section 8747 of the code.(s) "Manufacturing engineering" is that branch of professional engineering which

requires such education and experience as is necessary to understand and apply engineeringprocedures in manufacturing processes and methods of production of industrial commoditiesand products; and requires the ability to plan the practices of manufacturing, to research anddevelop the tools, processes, machines, and equipment, and to integrate the facilities andsystems for producing quality products with optimal expenditure. The above definition ofmanufacturing engineering shall not be construed to permit the practice of ciVil, eiectrical, ormechanical engineering.

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(t) "Mechanical engineer" refers to a person who holds a valid registration in thebranch of mechanical engineering, as defined in Section 6702.2 of the code.

(u) "Mechanical engineering" is that branch of proiessional engineering, describedin Section 6734.2 of the code, which deals with engineering problems relating to generation,transmission, and utilization of energy in the thermal or mechanical form and also withengineering problems relating to the production of tools, machinery, and their products and toheating, ventilation, refrigeration and plumbing. It is concerned with the research, design,production, operational, organizational, and economic aspects of the above.

(v) "Metallurgical engineering" is that branch of professional engineering, whichrequires such education and experience as is necessary to seek, understand and apply theprinciples ofthe properties and behavior of metals in solving engineering problems dealing withthe research, development and application of metals and alloys; and the manufacturingpractices of extracting, refining and processing of metals. The above definition of metallurgicalengineering shall not be construed to permit the practice of civil, electrical, or mechanicalengineering.

(w) "Nuclear engineering" is that branch of professional engineering which requiressuch education and experience as is necessary to apply the principles of nuclearphysics to theengineering utilization of nuclear phenomena for the benefit of mankind; it is also concernedwith the protection of the public from the potential hazards of radiation and radioactivematerials. Nuclear engineering is primarily concerned with interaction of radiation and nuclearparticies with matter. Nuclear engineering requires the application of specialized knowledgeof the mathematical and physical sciences, together with the principles and methods ofengineering design and nuclear analysis to specify, predict and evaluate the behavior ofsystems involving nuclear reactions, and to ensure the safe, efficient operation of thesesystems, their nuclear products and by-products. Nuclear engineering encompasses, but Isnot limited to, the planning and design of the specialized equipment and process systems ofnuclear reactor facilities; and the protection of the public from any hazardous radiationproduced in the entire nuclear reaction process. These activities include all aspects of themanufacture, transportation and use of radioactive materials. The above definition of nuclearengineering shall not be construed to permit the practice of civil, electrical, or mechanicalengineering.

(x) "Petroleum engineering" is that branch of professional engineering whichembraces studies or activities relating to the exploration, exploitation, location, and recoveryof natural fluid hydrocarbons. It is concerned with research, design, production, and operationof devices, and the economic aspects of the above. The above definition of petroleumengineering shall not be construed to permit the practice of civil, electrical, or mechanicalengineering.

(y) "Professional engineer" refers to a person engaged in the practice of profes-sional engineering as defined in Section 6701 of the code.

(z) "Professional engineering" within the meaning of this chapter comprises thefollowing branches: Agricultural engineering, Chemical engineering, Civil engineering, ControlSystemsengineering, Corrosion engineering, Electricalengineering, Fire Protection engineering,Industrial engineering, Manufacturing engineering, Mechanical engineering, Metallurgicalengineering, Nuclear engineering, Petroleum engineering, Quality engineering, Safety engineering, Traffic engineering.

(aa) "Quality engineering" is that branch of professional engineering which requiressuch education and experience as is necessary to understand and apply the principles ofproduct and service quality evaluation and control in the planning, development and operationof qualitycontrol systems, and the application and anaiysls oftesting and inspection procedures;and requires the ability to apply metrology and statistical methods to diagnose and correctimproper quality control practices to assure product and service reliability and conformity toprescribed standards. The above definition of quality engineering shall not be construed topermit the practice of civil, electrical, or mechanical engineering.

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(bb) "Safety engineering" is that branch of professional engineering which requiressuch education and experience as is necessary to understp,nq the engineering principlesessentiai to the identification, elimination and controi of hazards to man and property; andrequires the abiiityto apply this knowledge to the deveiopment, analysis, production, construction,testing, and utiilzation of systems, products, procedures and standards in order to eliminate oroptimally controi hazards. The above definition of safety engineering shall not be construedto permit the practice of civil, eiectricai, or mechanical engineering.

(cc) "Soil engineer" refers to a registered civil engineer who holds a valid authoriza-tion to use the titie "soil engineer", as provided in Section 6736.1 of the code.

(dd) "Soil engineering", as it relates tothe authorization to use the titie "soil engineer",is the investigation and engineering evaluation of earth materials includingsoil, rock, groundwaterand man-made materiais and their interaction with earth retention systems, structural foundationsand other civil engineering works. The practice involves application of the principies of soilmechanics and the earth sciences, and requires a knowledge of engineering laws, formulas,construction techniques and performance evaluation of civil engineering works influenced byearth materials.

The terms "geotechnical engineer" and "soils engineer" are deemed to be synonymouswith the term "soil engineer".

(ee) "Structural engineer" refers to a registered civil engineer who holds a validauthorization to use the titie "structural engineer," as provided in Section 6736 of the code.

(ff) "Structural engineering" forthe purposes of structural authority is the applicationof specialized civil engineering knowledge and experience to the design and analysis ofbuildings (or other structures) which are constructed or rehabilitated to resist forces induced byvertical and horizontal loads of a static and dynamic nature. This specialized knowledgeincludes familiarity with scientific and mathematical principles, experimental research data andpractical construction methods and processes. The design and analysis shall includeconsideration of stability, deflection, stiffness and other structural phenomena that affect thebehavior of the building (or other structure).

(gg) "Traffic engineering" is that branch of professional engineering which requiressuch education and experience as is necessary to understand the science of measuring trafficand travel and the human factors relating to traffic generation and flow; and requires the abilityto apply this knowledge to the piannlng, operating, and evaluating streets and highways andtheir networks, abutting lands and interreiationships with other modes of travel, to provide safeand efficient movement of people and goods. The above definition of traffic engineering shallnot be construed to permit the practice of civil, electrical, or mechanical engineering.

404.1. Definition of Responsible Charge for Professional Engineers.As used in the Professional Engineers Act, the term "responsible charge" directiy relates

to the span or degree of control a professional engineer is required to maintain while exercisingindependent controi and direction of professional engineering work, and to the engineeringdecisions which can be made only by a professional engineer.

(a) Span of Control. The span ofcontroi necessary to be in responsible charge shallbe such that the engineer:

(1) Personally makes engineering decisions, or reviews and approves proposeddecisions prior to their impiementation, including consideration of alternatives, wheneverengineering decisions which could affect the health, safety or welfare of the public are made.

In making engineering decisions, the engineer must be physically present orthrough theuse of communication devices be available in a reasonable period of time.

(2) Judges the qualifications of technical specialists and the vaiidity and applicabil-ity of their recommendations before such recommendations are incorporated in the work.

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(b) Engineering Decisions. The term "responsible charge" relates to engineeringdecisions within the purview of the Professional Enginee(S Act and does not refer tomanagement control in a hierarchy of professional engineers except as each of the individualsin the hierarchy exercises independent engineering judgment and thus responsible charge. Itdoes not refer to such administrative and personnel management functions as accounting,labor relations, performance standards, marketing of service and goal setting. While anengineer may also have such duties in this position, it should not enhance or decrease one'sstatus of being in responsible charge of the work. The phrase does not refer to the concept offinancial liability.

Engineering decisions which must be made by and are the responsibility of the engineerin responsible charge are those decisions concerning permanent or temporary work whichwould create a hazard to life, health, property or pUblic wellare, and may include, but are notlimited to:

(1) The selection of engineering alternatives to be investigated and the comparisonof alternatives for engineering works.

(2) The selection or development of design standards or methods, and materiaisto be used.

(3) The selection or development of techniques or methods of testing to be usedin evaluating materials or completed works, either new or existing.

(4) The review and evaluation of manufacturing, fabrication orconstruction methodsor controls to be used and the evaluation of test results, materials and workmanship insofar asthey affect the character and integrity of the completed work.

(5) The development and control of operating and maintenance procedures.Such engineering decisions are those generally made at the project level or higher.(c) Responsible Charge Criteria. As a test to evaluate whether an engineer is in

responsible charge, the following must be considered: The professional engineer who signsengineering documents must be capable of answering questions asked by equally qualifiedengineers. These questions would be relevant to the engineering decisions made during theindividual's participation in the project, and in sufficient detail to leave little question as to theengineer's technical knowledge of the work performed. It is not necessary to defend decisionsas in an adversary situation, but only to demonstrate that the individual (in responsible charge)made them and possessed sufficient knowledge of the project to make them.

Examples of questions to be answered by the engineer could relate to criteria fordesign,methods of analysis, methods of manufacture and construction, selection of materials andsystems, economics of alternate solutions, and environmental considerations. The individualshould be able to clearly define the span or degree of control and how itis exercised both withinthe organization and geographically and to demonstrate that the engineer is answerable withinsaid span or degree of control.

404.2. Definition of Responsible Charge for Land Surveyors.Theterm "responsible charge" directly relates to the span or degree of control a licensed

land surveyor is required to maintain while exercising independent control and direction of landsurveying work, and the land surveying decisions which can be made only by a licensed landsurveyor.

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

(1) Personally makes land surveying decisions, or reviews and approves proposeddecisions prior to their implementation, including consideration of alternatives, whenever landsurveying decisions which could affect the health, safety or welfare of the public are made.

In making land surveying decisions, the land surveyor must be physically present orthrough the use of communication devices be available ina reasonable period of time.

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(2) Judges the qualifications oftechnical specialists and the validity and appiicabil-ity of their recommendations before such recommendations. are incorporated in the work.

(b) Land Surveying Decisions. The term "responsibie charge" reiates to LandSurveyors' Act and does not refer to management controi in a hierarachy of those personsauthorized to practice iand surveying except as each of the individuals in the hierarchyexercises independent iand surveying judgment and thus responsibie charge. It does not referto such administrative and personnel management functions as accounting, labor relations,performance standards, marketing of service and goai setting. While a person authorized topractice iand surveying may also have such duties in this position, it shall not enhance ordecrease one's status of being in responsible charge of the work. The phrase does not referto the concept of financial liability.

Land surveying decisions which must be made by and are the responsibility of the landsurveyor in responsibie charge are those decisions concerning permanent or temporary workwhich would create a hazard to life, heaith, property or public welfare, and may inciude, but arenot limited to:

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

(2) Specifying the format and information to be shown on maps or documentsfurnished in connection with land surveying. Reviewing the sufficiency and accuracy of thework product.

(c) Responsible Charge Criteria. As atestto evaluatewhetheraperson authorizedto practice land surveying Is in responsible charge, the following must be considered: The landsurveyor who signs surveying documents rnust be capable of answering questions asked byequally quaiified land surveyors. These questions would be relevant to the decisions madeduring the individual's participation in the project, and in sufficient detail to leave little questionas to the land surveyor's technical knowledge of the work performed. It is not necessary todefend decisions as in an adversary situation, but only to demonstrate that the individual inresponsible charge made them and possessed sufficient knowledge of the project to makethem.

Examples of questions to be answered by the land surveyor could relate to criteria fordesign, methods ofanalysis and conclusions made including, but not limited to, the retracementof government surveys, interpretation and construction of deeds, application of proportionmethods and analysis of evidence related to unwritten property rights.

The individual shall be able to clearly define the span or degree of control and how it isexercised both within the organization and geographically and to demonstrate that the landsurveyor is answerable within 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 hasreserved the same for its own, exclusive action.

(b) Whenever it is stated the "executive officer" mayor shall exercise or dischargeany power, duty, purpose, function, or jurisdiction, the executive officer of the board has theauthority to act thereon.

(c) Any party in interest may appeal to the board for review of the actions anddecisions of the executive officer.

(d) Nothing herein prohibits the executive officer from redelegating to his/hersubordinates as provided in Section 18572 of the Government Code.

(e) The power of discretion conferred by law upon the board to receive and fileaccusations; issue notices of hearing, statements to respondent and statements of issues;receive and file notices of defense; determine the time and place of hearings under Section11508 of the Government Code, issue subpoenas and SUbpoenas duces tecum, set andcalendarcases for hearingand perform other functions necessary to the businesslike dispatch

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of the business of the board in connection with proceedings under the provisions of Sections11500 through 11528 of the Government Code, prior to the hearing of such proceedings; andthe certification and deliveryormailing ofcopies ofdecisions un'derSection 11518ofsaid Codeare hereby deiegated to and conferred upon the executive officer, or to hislher 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 to the Department of ConsumerAffairs, at Sacramento.

(b) The following is the prescribed application fee for:(1) Authority to use the titie "structurai engineer'.' $175(2) Authority to use the title "geotechnicai engineer" $175(3) Registration as a professional engineer $175(4) License as a professionaliand surveyor $175(5) Certification as an engineer-in·training or as a land

surveyor-in-training $60(c) The four year renewai fee for iicensing periods starting on or after

July 1,1990, shall be $160.(d) Fees required under provisions of this rule transmitted through the United

States mali shall be deemed filed on the date shown by the post office cancellation markstamped on the envelope containing it, or on the date malied if satisfactory proof is made thatmailing occurred on an earlier date.

(e) Renewal applications flied with the board more than thirty (30) days after 12 midnighton the expiration date pursuant to the Professional Land Surveyor Act (Business and ProfessionsCode Section 8700 et seq.), and more than sixty (60) days after 12 midnight on the expiration datepursuant to the Professional Engineers Act (Business and Professions Code Section 6700 et seq.),and not accompanied by the prescribed delinquent penalty equai to 50% percentof the renewal fee,shall be returned by the executive officer with a statement of the reason therefor.

(f) Refund of fees submitted to the board shall be made only as follows:(1) Any application fees or penalties imposed and collected illegally, by mistake,

inadvertence or error shall be refunded in full.(2) An applicant for registration as a professional engineer, for license as a

professionalland surveyor, for permission to use the title "structural engineer" or soli engineer,for certification as an engineer-in-training orlorcertification as a land surveyor-in-training foundnot eligible for admission to the examination requested is entitled to a refund of one-half of theapplication fee. Upon request, one-half of the application fee may be refunded to the estateof an applicant who dies prior to taking an examination.

408. Meetings.(a) The board will meet at times and places within California designated by the

board and shall hold at least two regular meetings each year.(b) Special meetings of the board shall be called from time to time by the Board

president when necessary. Special meetings shall also be called by the executive officer upona written request signed by two board members.

(c) All meetings will be noticed in accordance with the requirements of the Bagley-Keene Open Meeting Act (Government Code Sections 11120 et seq.).

410. Certificates.(a) Certificates and licenses wiil be issued in the order in which the applicants qualify.(b) Aduplicate of a certificate issued in accordance with Chapters 7 or 15 of Division 3,

of the code, wiil be issued to repiace one lost, destroyed or mutilated, upon a written requestaccompanied byafee of$10and an affidavitverifyingthe loss,destructionormutilationofthe previouscertificate. The affidavit of lost iicense must be submitted on a form provided by the board.

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411. Seal.(a) The seal authorized by Section 6764 of th.e code. tor use by protessional

engineers, including those with authority to use the titles, "structural engineer", may bepurchased by the registrant from any convenient source, but shall be either of design A ordesign B as shown here and shall be not less than one and one-half (1-1/2) inches in diameter.

Option A Option B

OptiollaL---';<l;

(b) The seal authorized by Section 8750 of the code for use by land surveyors maybe purchased by the iicensee Trom any convenient source, but shall be ofthedesign shown hereand shall not be less than one and one-half (1-1/2)60inches in diameter.

Land Surveyor

(c) The seal may either be a rubber stamp or of the embossing type.

412. Address Change.Each person who is an applicant for, or a holder of, a certificate or license issued by the

board under provisions of Chapters 7 and 15, Division 3, of the code, shall file his/her addresswith the board office. Within thirty (30) days after changing addresses, s/he shall notify theboard office of such change.

415. 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 only in the field or fields in which he/she is by education and/or experience fully competent and proficient.

Nothing in this regulation shall be construed: (1) to prohibit a professional engineer fromsigning plans which include engineering work in areas other than that in which he/she is fullycompetent and proficient, it such work was performed by other engineers who were fullycompetent and proficient in such work; (2) to prohibit a professional engineer from performingengineering work ora land surveyorfrom performing land surveying work in areas which involvethe application of new principles, techniques, ideas or technology; (3) to prohibit a professionalengineer from supervising other engineers or a land surveyor from supervising other landsurveyors who may respectively be performing engineering work or land surveying work inareas other than those in which the supervising professionai engineer or supervising landsurveyor is fully competent and proficient; and (4) to prohibit a professional engineer fromsigning plans which include engineering work, portions of which were designed or required byany 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 to Division 1.5 (commencing with Section475) of the Business and Professions Code, a crime or act shall be considered substantiallyrelated to the qualifications, functions, and duties of a professional engineer or licensed landsurveyor if, to a substantial degree, it evidences present or potentiai unfitness of a professionalengineer or land surveyor to perform the functions authorized by his or her registration or

58

"cense in a manner consistent with the public health, safety, or welfare. Such crimes or actsshall include, but not be limited to, those involving the followi.ng:

(a) For professional engineers, any violations of the provisions of Chapter 7,Division 3, of the Code, or aiding and abetting any person in such a violation;

(b) For land surveyors, any violations of the provisions of Chapter 15, Division 3,of the Code, or aiding and abetting any person in such a violation;

(c) A conviction of a felony arising from or in connection with the practice ofprofessional engineering or land surveying.

418. Criteria for Rehabilitation.(a) When considering the denial of an application for registration as a professional

engineer, orlor licensure as a land surveyor, orlor authority to use the title "structural engineer",under Section 480 of the Code, the Board will consider the following criteria in evaluating therehabilitation of the applicant and his/her present eligibility for such a registration, licensure, orauthority:

(1) The nature and severity oftheact(s) orcrime(s) underconsideration as groundsfor denial.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) underconsideration as grounds fordenial which could also be considered as grounds for denial underSection 480 of the Business and Professions Code.

(3) The time that has elapsed since commission of the act(s) or crime(s) referredto in subdivision (1) or (2).

(4) The extent to which the applicant has complied with any terms of parole,probation, restitution, or any other sanctions lawfUlly imposed against the applicant.

(5) Any evidence of rehabiiitation submitted by the applicant.(b) When considering the suspension or revocation of the registration of a pro-

fessional engineer or the license of a land surveyor, under Section 490 of the Code, the Boardwill consider the following criteria in evaluating the rehabiiitation of such person and his/herpresent eligibility to retain his/her registration or license:

(1) The nature and severity of the act(s) orcrime(s) underconsideration as groundsfor suspension or revocation.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) underconsideration as grounds for suspension or revocation which could also be considered asgrounds for suspension or revocation under Section 490 of the Code.

(3) The time that has elapsed since commission of the act(s) or crime(s) referredto in subdivision (1) or (2).

(4) The extent to which the licensee has complied with any terms of parole,probation, restitution, or any other sanctions lawfully imposed against the license.

(5) Any evidence of rehabilitation submitted by the licensee.(6) Total 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 profes-

sional engineer or of the license of a land surveyor, the board shall evaluate evidence ofrehabilitation submitted by the petitioner, considering those criteria specified in subsection (b).

419. Notification of Disciplinary Action.(a) As a condition of staying an order which suspends or revokes a registration or

license on any of the grounds specified in subsection (b), the board shall require a registrantor licensee to provide the board, not later than 30 days after the decision becomes effective,with evidence that such person has notified all clients and employers with whom he or she hasa current or continuing contractual or employment relationship of the offense, findings anddiscipline imposed and to provide the board with the name and business address of eachperson required to be so notified.

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Fraud.Incompetency.

(b) The requirements in subsection (a) shali apply to ali suspensions orrevocatlonswhich are based on any of the foliowing grounds:. .

(1) Conviction of a felony that is substantialiy related to the practice of engineeringor iand surveying, as appropriate.

(2) Deceit or misrepresentation in the practice of engineering or iand surveying, asappropriate.

(3)(4)

Article 2. Applications

420. Applications.(a) Appiications for certification, for iicensure, for registration, or for a certificate of

authority shali be:(1) Fiied on a form prescribed by the executive secretary and shali be typewritten.(2) Filed at the Sacramento office of the board and accompanied by the required

appiication fee.(3) Made out properly in every respect and must contain fuli information.(4) Subscribed and certified to "under penalty of perjury" as provided by Section

2015.5 of the Code of Civil Procedure.(b) An appiication made otherwise will not be acceptable by the board and it may

be returned by the executive secretary with a statement of the reason therefor.(c) Upon evaluation of the appiicant's qualifications, his/her examination resulis

and any other supporting data, his/her appiication will be either:(1) Denied without prejudice, and the appiication fee retained by the Board for the

Professional Engineers' Fund.(2) Approved, and helshewlll be grantedthe certification forwhich applicationwas made.(d) The Board may request each applicant to provide the Board with a current

photograph after an applicant has become licensed or registered.

421. Refile Application.(a) The executive secretary may prescribe a short appiication form for use of those

applicants Who, failing an examination, apply within a reasonable period of time after the dateof the examination previously failed, for re-examination. This application form may be knownas a refile appiication form. The appiicant and his application for re-examination shali be subjectto the same provisions of the code and rules of the board, whenever appiicable, as govern thefiling of an original appiication.

(b) The applicant for re-examination shali be assigned by the executive secretaryto the next scheduled examination for which his/her application quaiifies him/her.

422. Final Filing Date.(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 business day foliowing.(c) If an appiication is filed with the board through the United States mail, It shali be

deemed filed on the date shown by the post office canceliation mark stamped on the envelopecontaining it, or on the date mailed if satisfactory proof is made that the maiiing occurred on aneariier date.

424. Experience.(a) The several branches of professional engineering described in rule 404, herein,

overlap and some activities are common to two or more branches of professional engineering.

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Experience in such overlapping activities may be used in securing registration In either branchbut cannot be used more than once. The only exception to this is experience credit foreducation. Qualifying education entitles a candidate to experience credit and this experiencecredit can be used again even though it has already been used to qualify for another exam.

(b) An applicant for registration as a professional engineer may be credited withfour years' experience toward the six years necessary for admission to the professionalexamination either by graduation from an approved engineering curriculum or by passing theengineer-in-training examination. They may not be combined. The additional two years ofactual work experience shall have been gained after graduation from an approved engineeringcurriculum or after passing the engineer-in-training examination, whichever has first occurred.

(c) Qualifying experience is that experience satisfactory to the Board which hasbeen gained while performing engineering tasks on a full-time basis under the direction of aprofessional engineer.

(d) An applicant for licensure as a land surveyor must fulfill the educational andexperience requirements outlined in Section 8741 and 8742 of the Code performing two ormore of the activities listed in Section 8726(a)-(f). The experience requirements mustbe gainedunder the immediate direction and supervision of a person qualified to practice land surveying.

Applicants who have passed the land surveyor in training examination may be creditedwith two years land surveying experience toward the six years necessary for licensure.

(e) Computation of qualifying experience for license as a land surveyor, forregistration as a professional engineer, orfor authority to use the title "structural engineer" shallbe to the date of filing of the application: or it shall be to the final filing date announced for theexamination if the application is filed within a period of thirty (30) days preceding the final filingdate announced for such examination.

426.10. Qualification Requirements for Structural Authority.An applicant for authority to use the title "structural engineer" shall comply with all of the

following requirements:(a) The applicant shall hold an unexpired, valid California registration as a civil

engineer.(b) The applicant shall submit evidence satisfactory to the board thatthe applicant

has been in responsible charge of structural engineering qualifying experience .as defined inSection 426.11 andlor Section 426.12, for a minimum of three years subsequent to the dateof examination which was passed to gain California registration as a civil engineer or asprovided in Section 426.14.

426.11. Qualifying Experience for Structural Authority."Structural Engineering qualifying experience" is defined as acceptable professional

practice in responsible charge of structural engineering projects as related to buildings (or otherstructures) and shall include structural design experience in all areas as specified in subdivisions(a)-(f) below because the stability of a structure is dependent upon the interaction of theindividual structural components as well as the structure as whole:

(a) Common Construction Materials-Steel, Concrete, Wood and Masonry: Astructural engineer shall have experience in the use of three of the four common constructionmaterials of steel, concrete, wood, and masonry as they relate to the design, rehabilitation andlor investigation of buildings (or other structures):

(b) Determination of Lateral Forces: A structural engineer shall have experienceregarding structural design to resist lateral forces:

(c) Selection of Framing Systems: A structural engineer shall have experienceregarding the selection of framing systems, including the consideration of alternatives and theselection of an appropriate system for the interaction of structural components to supportvertical and lateral loads:

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(d) Selection of Foundation Systems: A structural engineer shall have experiencein the selection of foundation systems, including the conqideration of alternatives. and theselection of an appropriate type of foundation system to support the structure;

(e) Application of Code Requirements: Astructural engineer shall have experiencein applying local, state and federal requirements relating to design loads, materials, anddetailing; and

(f) Multi-story Buildings or Equivalent Multi-level Structures: A structural engineershall have experience with the design and detailing for the transfer of forces between storiesin multi-story buildings. A multi-story building is a building which is more than one story in heightand which is not exempted pursuant to Section 6737.1 of the code.

426.12. Experience for Checking Structural Plans.The board shall consider the following experience as structural engineering qualifying

experience, in lieu of that experience defined in Section 426.11: Professional level employmentperforming the checking of structural engineering plans and calculations, when performedunder the immediate supervision of, and certified to by, either a registered civil engineer whoholds a valid California registration with the authority to use the title "structural engineer" in theState or a Professional Engineer who is authorized to use the title "structural engineer"registered outside of the State, but registered in a state which has comity agreement with theState of California related to structural engineering. However, an applicant who applies forauthority to use the title "structural engineer" under this section, shall furnish the board with averification of employment from each employer, which lists the name(s) of the immediatesupervisor of the applicant during the period of employment used as qualifying experienceunder this section.

426.13. Supplemental Evidence of Responsible Charge for StructuralAuthority.

(a) The board shall consider the following as supplemental evidence, if submittedfor consideration, to assist in determining whether an applicant for structural authoritypossesses the requisite three (3) years of structural engineering qualifying experience at thelevel of responsible charge as required in Section 426.1 aand defined in Sections 426.11 and426.12:

(1) Project management experience:(A) Coordination with other disciplines such as civil, electrical and mechanical

engineers andlor architects;(B) Projection of construction document packages such as calculations, drawings

and specifications; and(C) Supervision andlor coordination of staff.(2) Field experience:(A) Familiarity with techniques, methods and means of construction;(B) Field observation of construction for compliance to drawings and specifications;

and(C) Field Investigation of existing structures for evaluation or forensic purposes.(b) Notwithstanding subsections (a)(1) and (a)(2), other types of experience

deemed equivalent to project management or field experience may be considered on a caseby case basis to assist in determining whether an applicant possesses the three (3) years ofstructural engineering qualifying experience at the level of responsible charge as required inSection 426.10.

(c) Any experience submitted pursuant to this section shall not be considered asa substitute for the mandatory types of qualifying experience required by Section(s) 426.11andlor 426.12.

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426.14. Experience for Structural Engineering Gained Out of State.(a) The Board may consider an application for authority to use the title "structural

engineer" from the applicant who does not possess three (3) years of qualifying experiencesubsequent to the date olthe examination which was passed to gain registration as a Californiaregistered civil engineer but who possesses experience equivalent to that provided in Section426.11 based upon either:

(1) A minimum of three (3) years of structural engineering qualifying experiencegained after the applicant's registration as civil engineer in another state.

(2) A minimum of three (3) years of structural engineering qualifying experiencewhich was gained while exemptfrom registration pursuantto Section 6739 of the code or whileemployed or registered in another country. Such experience shall be in addition to theexperience required for registration as a civil engineer in this state.

(b) Applicants seeking approval of their structural engineering qualifying experi-ence, pursuant to this section, shall file their application at least six months prior to the final filingdeadline to be considered for the next scheduled examination. Applicants may be required toappear lor an interview regarding their structural engineering qualifying experience.

426.50. Qualification Requirements "Soil Engineer".An applicant for authority to use the title "soil engineer" shall:(a) Hold an unexpired, valid California registration as a civil engineer.(b) Submit evidence satisfactory to the board that the minimum number of years of

qualifying experience or education has been met as required in Sections 6736.1 (b) or (d), and6763 olthe code and as defined in Section 426.51, subsequentto the date of examinationwhichwas passed to gain registration as a civil engineer. In addition, up to one year credit asqualifying experience in responsible charge will be given for possession of post graduatedegree(s) from a board approved school of engineering with major studies in soil engineeringas listed in Section 426.51 (c). Credit for post graduate degree(s) will not be given if it hasalready been applied to the experience requirement for civil engineering registration.

426.51. Qualifying Experience for "Soil Engineer.""Qualifying experience" means responsible charge of soil engineering projects. Evi

dence shall be provided that the applicant has qualifying experience in the areas described insubdivisions (a), (c) and (e) and has demonstrated working knowledge in the areas describedin subdivisions (a) through (e). At least one-half of the applicant's annual full-time professionalpractice shall be in soil engineering, except that a teacher of soil engineering and relatedcourses at a board approved school of engineering will be given creditfor applicable consultingwork as a percentage of equivalent full-time work. Applicable consulting work shall besubstantiated by references and project documents.

(a) Development of programs of geotechnical investigation which includes, but isnot limited to:

(1) Communication with other design consultants to determine their geotechnicalinput needs;

(2) Performance of literature searches, site history analyses, etc., related tosurface and subsurface conditions;

(3) Formulation or engineering evaluation offield exploration and laboratory testingprograms to accomplish the scope of the investigation;

(4) Preparation or engineering evaluation of proposals.(b) Performance of geotechnical field and laboratory studies which includes, but is

not limited to:(1) Direction and/or modification of field exploration programs, as required upon

evaluation of the conditions being encountered;

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(2) Classification and evaluation of subsurface conditions.(3) Understanding the purposes for and being qu~lified to perform routine field and

laboratory tests for:(A) soil strength(8) bearing capacity(C) expansion properties(0) consolidation characteristics(E) soil collapse potential(F) erosion potential(G) compaction characteristics(H) material acceptability for use in fill(I) pavement support qualities(J) freeze-thaw properties(K) grain-size(L) permeability/percolation properties(c) Analysis of geotechnical data and engineering computations which includes,

but is not limited to:(1) Analysis of field and laboratory test results regarding:(A) soil strength(8) bearing capacity(C) expansion properties(0) consolidation characteristics(E) soil collapse potential(F) erosion potential(G) compaction characteristics(H) material acceptability for use in fill(I) pavement support qualities(J) freeze-thaw properties(K) grain-size(L) permeability/percolation properties(M) ground water conditions(N) soil dynamic properties(2) Performance of computations using test results and available data regarding;(A) bearing capacity(8) foundation type, depth, dimensions(C) allowable soil bearing pressures(0) 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) liquefaction 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 limited to;(1) Performance or supervision of geotechnical testing and observation of site

grading;

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(2) Analysis, design and evaluation of instrumentation programs to evaluate ormonitor various phenomena in the field, such as settlement, slope creep, porewater pressuresand ground water variations;

(3) Geotechnical observation during construction and/or installation, including butnot limited to, spread foundations, drilled piers, piles, slurry walls, 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 limited to:(1) Preparation of appropriate plans, logs, test results and other exhibits;(2) Documentation of testing and observation;(3) Preparation of written reports which present findings, conclusions and recom-

mendations of the investigation;(4) Preparation of specifications and guidelines for achieving the intent of subdi-

vision (e)(3), above.

427.10. References for Professional Engineers and Land Surveyors.To assist the board in evaluating qualifications, each applicant shall submit completed

reference forms, using form 01A-1 B (Rev. 2/86) for professional engineers and using form01A-19 (Rev. 5/86) for professional land surveyors, from as many references as may beconsistent with the length and character of the professional experience; provided the applicantshall not furnish less than the number of references required hereaher:

(a) An applicant for a license as a professional land surveyor or registration as aprofessional engineer shall refer to not less than four persons who are authorized to practicein the discipline for which the applicant is applying and who have personal knowledge of theapplicant's qualifying experience, none of whom is a relative either by birth or marriage.

(b) Nothing herein contained shall be construed to limit authority of the board toseek such other information pertinent to the education and experience of the applicant as maybe required to verify his or her qualifications. The board may waive the requirement that onlyregistered individuals give references for applicants in disciplines other than civil engineeringor land surveying when the applicants have no association with registered individuals in theirwork environment.

427.20. Reference Requirements for "Soil Engineer."(a) An applicant for authority to use the title "soil engineer" shall submit at least four

completed reference forms from individuals who hold or held current, valid, unexpiredCalifornia registrations as civil engineers during the time of the applicant's experience. Noneof the references shall be related to the applicant by birth or marriage. At least two of theseindividuals shall be civil engineers who are or were actively engaged in the practice of "soilengineering." Each civil engineer providing a reference shall clearly indicate areas of personalknowledge of the applicant's qualifying experience. Reference forms completed by civilengineers registered outside of California, in lieu of or in addition to California references, willbe considered; however, the board may require additional information as specified in Section427.20 (d). Reference forms completed by civil engineers registered outside of the State ofCalifornia shall be notarized. Information submitted by references is confidential.

(b) Notwithstanding Section 427 (a), a reference form shall be submitted for eachperiod of qualifying experience listed on the engagement record form for which the applicantdesires credit.

(c) An applicant will be required to verify employment inclusive dates for eachperiod of qualifying experience. Employment verification forms may be used for this purpose.

(d) Nothing contained in this section shall limit the authority of the board to requirethat an applicant submit additional references, employment verifications and other information

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pertinent to education or experience to verify that the applicant has met the minimumqualifications as defined in Sections 6736.1 (a) or (d) and 673.6.1.(e) of the code and Sections426.50 and 426.51.

427.30. References for Structural Authority.(a) An applicant for authority to use the title "structural engineer" shall submit at

least three completed reference forms, using from 01 A-9 (Rev. 6/86), from individuals who holdcurrent, valid California registrations as civil engineers, and who are authorized by the boardto use the title "structural engineer", or equivalent thereto, none of whom is related to theapplicant by birth ormarriage. Each reference shall have personal knowledge olthe applicant'squalifying experience had shall have examined the applicant's work. It is preferred that at leastone of the references has been a direct supervisor for a period of not less than six months.

(b) "Equivalent thereto" as used in this section, means a professional engineer whois authorized to use the title "Structural Engineer" in a state which has a comity agreement withthis State related to "structural engineering".

Reference forms completed by a "structural engineer" registered outside of this State,but registered in a state which has a comity agreement with the State of California, shall benotarized.

(c) Nothing contained in this section shall limit the authority of the board to requirethat an applicant submit additional references, employment verifications and other informationpertinent to the applicant's education and/or experience to verify that the applicant meets theminimum qualifications as defined in Sections 426.10, 426.11 and/or 426.13.

428. Abandoned Applications.In the absence of special circumstances any of following actions by an applicant for

registration, certification, or licensure shall be considered to constitute abandonment of theapplication, and shall result in cancellation of the application with no refund of the filing fee:

(a) Failure to provide additional information or references within 90 days followingthe mailing of a request by the board's staff; or

(b) Failure to complete the examination to which the applicant has been assignedwithin 2 years from the date of filing of the application; or

(c) Failure to appear for examination at the designated time and place unless apostponement has been obtained in accordance with Rule 446; or

(d) Failure to appear for examination at the designated time and place after havingobtained 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/her application. An application appealshall be filed with the board within 60 days after the date the denial notice has been mailed tohim/her.

(b) An application appeal shall be made in writing and shall state the reasontherefor. An appeal shall be supported by additional evidence, more references, affidavits, andsupplemental information such that the board may be better informed of the applicant'squalifications.

(c) The executive secretary may deny an application appeal which is not filed withinthe time period provided in paragraph (a) of this rule.

(d) The executive secretary shall notify each applicant who appeals under this ruleof the approval of his/her appeal, or the reason for its denial.

(e) When an application has been denied, the executive secretary shall also notifythe applicant that he or she has the right to hearing under the Administrative Procedure Act(Government Code Section 11500 et seq.), if he or she makes a written request for hearingwithin 60 days after service of the notice of denial.

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Article 3. Examinations

436. Schedule of Regular Written Examinations.(a) Written examinations shall be given at intervais as determined by the board but

not less 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 of examinations for the following year.(c) Whenevercircumstanceswarrant such action the board may postpone, advance,

or otherwise change without notice the examination schedule previously published.

437. Individual Examination.(a) Individual examinations for registration, licensure, certification or authorization

shall be either oral or written or a combination of both, in the discretion of the board. They maybe held at times and places convenient to the board.

(b) An applicant for registration as a professional engineer or license as a landsurveyor will be considered for assignment to an individual examination provided his/herqualifications meet all the requirements olthe code and rules of the board and provided he/sheholds valid registration as aprofessional engineer or license as a land surveyor in another state,in the same branch in which he/she is applying; such registration or license having beenobtained by passing written examinations of comparable standard to those examinationsrequired in California.

(c) An applicantfor authority to use the title "structural engineer" may be consideredforthe individual examination only if he/she has passed a 16-hourexamination in another statewhich the board may deem equivalent to the written examination for structural authority givenin California. This 16-hour examination shall have been in addition to the regular examinationseries for registration as a professional engineer, and shall have contained significantemphasis on seismic design and lateral load considerations.

438. Waiver of Fundamentals Examination.(a) An applicant for registration as a professional engineer whose qualifications

meet all requirements of the code and rules of the board will be allowed to appear for only thesecond division olthe written examination prescribed by Section 6755 of the code if s/he meetsone or more of the following requirements:

(1) Holds valid registration as a professional engineer in another branch inCalifornia.

(2) Holds valid certification as an engineer-in-training in another state obtained bypassing a written examination which normally requires a minimum of eight hours to completeand the content of the examination is designed to test the candidates knowledge of fundamentalengineering subjects, including mathematics and the basic sciences.

(3) Is a graduate of an approved engineering curriculum and submits satisfactoryevidence to the board that he/she has fifteen (15) years or more of qualifying experience.

(4) Is a graduate of an engineering curriculum with a B.S. degree or equivalent fouryear engineering degree and submits satisfactory evidence to the board that he/she hasseventeen (17) years or more of qualifying experience.

(b) An applicant for license as a land surveyor whose qualifications meet allrequirements of the code and rules of the board will be allowed to appear for only the seconddivision of the written examination prescribed by Section 8740.1 of the code if he/she meetsone or more of the following requirements:

(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 eight hours to complete and the content ofthe examination is designed to test the candidate's knowledge of fundamental engineeringsubjects including mathematics and the basic sciences.

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(3) Is agraduate of an approved land surveying curriculum and submits satisfactoryevidence to the board that he/she has fiheen (15) years or fTlore of qualifying experience.

(4) Is a graduate of a land surveying curriculum with a B.S. degree or equivalent andsubmits satisfactory evidence to the board that he/she has seventeen (17) years or more ofqualifying experience.

(5) Holds a valid certification as a land surveyor-In-training in another stateobtained by passing a written examination which normally requires a minimum of eight hoursto compfete and the coment at the examination is designed to test the candidate's knowledgeof fundamentals of land surveying including mathematics and the basic sciences.

(c) An applicant for a California certification as an engineer-in-training or a landsurveyor-in-training who holds valid certification in another state obtained as in (a)(2) or (b)(5)above, may be issued a California certificate.

439. Examination Not Permitted.A person certitied, licensed or registered by the board in a category or branch is not

permitted to take any portion at the examination for the same category or branch unless hiscertificate, license or registration has expired pursuant to Section 6796.3 or Section 8803.

441. Authorization to Take Examination.(a) Aher evaluating the qualifications of an applicant and establishing that person's

eligibility tor the examination, in accordance with the applicable laws and regulations administered by the board, the executive officer assigns the applicant to the next scheduledexamination for which the applicant qualitied.

(b) Any applicant who lacks the qualifications for admission to the examinationrequired by Chapter 7 or 15 of the code and rules of the board shall be declared ineligible; theapplication shall be denied and the application fee may be partially refunded in accordance withSections 158, 6763.5 and 8748.5 of the code. The executive officer shall notify each applicantof the reason for denying the application.

(c) Notification of the applicant's assignment and authorization to take the exami-nation and the location shall be postmarked at least 14 days prior to the examination date.

442. Examination Irregularities.(a) Communication between examinees during examination is strictly prohibited;

and examinees are forbidden to receive any unauthorized assistance in the examination.(b) Before the commencement of an examination, examinees will be required to

hand to the examrner any unauthorized printed or written matter or other devices in theirpossession which might serve to aid them in the examination.

(c) Evidence of copying or collusion by an examinee may, in the discretion of theboard, result in the denial of his/her application with prejudice, thereby forfeiting his applicationfee, and may prevent him/her from qualifying for future examinations.

(d) An applicant in any regular written examination who places any identifying markupon his/her examination papers, other than his/her identification number, may have his/herapplication denied by the board and forfeit his/her application fee.

443. Inspection of Examination.(a) An applicant who fails to obtain a passing grade in an eight-hourorlongerwritten

examination shall be granted one-half the amount of time to write the examination in which toinspect his/her examination papers to prepare his/her written appeal therefrom. An applicantwho fails to obtain a passing grade in the engineering surveying and seismic principlesexamination shall be granted one-haff the amountoftime to write the examination, but not lessthan one hour, in which to prepare his/herwritten appeaftherefrom. Time and location ofexamreview shall be designated by the executive officer.

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(b) At the time of inspection, no one other than the examinee and a representativeof the board shall have access to such examination papers, ryo reference materials shall beallowed on the examiFlee's table or desk while the examinee is In possession of examinationmaterials,

(c) Evidence thatthe applicant erased, deleted, removed or altered the examinationpapers, or the material contained thereon during such inspection, may result in the applicantbeing disqualified by the board from taking future examinations.

(d) The applicant shall have access to his/her exam and test booklets whenpreparing his or her appeal during the time period specified in subsection (a).

444. Examination Appeal.(a) Within sixty (60) days after the date notice of the results of his/her examination

has been mailed to him/her, an applicant who was unsuccessful in the examination may appealto the board for a review of his/her examination papers.

(b) The appeal from any part olthe examination shall be made in writing; and it shallstate the reason for appeal, citing the item or items against which the appeal is directed. Theapplicant shall identify the specific item(s) being challenged; the specific reasons for thechallenge; and cite reference materials, facts and figures to substantiate the appeal.

(c) The executive officermay deny any appeal requesting a review of an examina-tion that is notaccompanied by information supporting the reason for such request oris notfiledwithin the period of time provided in paragraph (a) of this rule.

446. Postponements.The executive secretary may grant a postponement, not to exceed two such postpone

ments for each application to any applicant who for reasonable cause is prevented fromappearing for examination atthe time fixed, provided the applicant's request for postponementand the reason therefor is flied with the principal office of the board at any time prior to theexpiration 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 he/she is notified that he/she

is assigned to an examination, what reference and other materials may be used during theexamination to which he/she has been assigned.

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-graduate with one-half year of experience foreach year of study completed, as provided in Section 6751 of the code, is defined as anyengineering curriculum leading to a first degree in engineering accredited by the AccreditationBoard for Engineering and Technology.

(b) The board may give one-half year of experience credit for each year of studycompleted in a non-approved engineering curriculum except that the maximum of suchexperience credit shall be two years per applicant.

(c) (1) The board may give one-half year of experience creditfor each year of studycompleted in an approved curriculum leading to a degree in engineering technology except thatthe maximum of such experience credit shall be two years per applicant.

(2) The board has approved the curricula leading to a degree in engineeringtechnology which have been accredited by the Engineers' Council for Professional Development.

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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 as appropriate and signed or sealed byhim/her whenever such reports go beyond the tabulation of test data (composition of material,breaking stress, et cetera) and proceeds to:

(a) Interpret the data to draw conclusions as to the characteristics of a civilengineering structure, an electrical or mechanical device or parts thereat.

(b) Express civil, electrical or mechanical engineering judgment in the form ofrecommendations derived from the results of the test.

(c) Perform design work in the preparation of plans, specifications, and otherinstruments requiring registration as a civil, electrical and/or mechanical engineer.

463. Notice of Association or Disassociation With Partnership, Firm,or Corporation.

(a) A registered professional engineer who is associated as the partner, member,officer or employee in responsible charge of professional engineering services offered orperformed by a firm, partnership or corporation, shall notify the board within thirty (30) days ofsuch association or termination of association on a form approved by the board.

(b) A licensed land surveyor and/or civil engineer, who practices or offers topractice land surveying, according to the provisions of Section 8729 of the Code, as a partner,member, or officer of a partnership, firm or corporation shall advise the board within thirty (30)days of such association or termination of association on a form approved by the board.

(c) A licensed photogrammetric surveyor who is associated as a member, partner,officer or employee in a firm, partnership or corporation which offers or performs photogrammetric surveying services according to the provisions of Article 5.5, Land Surveyors' Act, shallnotify the board within thirty (30) days of such association ortermination of association on a formapproved by the board.

(d) A firm, which contains partners, members or officers as described above, willbe allowed six months following the death, disassociation or retirement of a member, partneror officer whose name the firm, partnership orcorporation carried in its firm title to make a writtenrequest to the board for an investigation pursuant to the requirements of Section 6738(e) or6738.1 of the Code. The board will determine if such firm is eligible to continue use of its firmtitle without change.

(e) A civil engineer who forms orterminatesan association with a building designeras provided in Section 5500.3, Architects Act, shall notify the board in writing at the time of his/her association or termination of association 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 Manual of instructions for the Public Lands of the United States or reference map whenother monuments have been reset or perpetuated.

(4) A description of the physical condition of the monument found or reset.(5) The date of the most recent visit to the monument.(6) A drawing showing courses and distances which ties the corner to other

identifiabie reference works.(7) A reference to the California Coordinate System, if known.

70

(8) The date of preparation of the corner record, the signature of the licensee orregistrant, and the license or registration number of the land surveyor or registered civilengineer making the corner record.

(9) The date the corner record was fiied and the title and name of the countysurveyor or engineer.

(10) A document or filing number.(b) A corner record shall be filed for each public land survey corner which is found,

reset, or used as control in any survey by a licensed land surveyor or a registered engineer.Exceptions to this rule are identified in Section 8773.4 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, property controlling corner,reference monument, or accessory to a property corner, together with reference to recordinformation.

(e) The standard markings and standard abbreviations used by the Bureau of LandManagement (formerly the General Land Office) of the United States Departmentof the Interiorshall be used in the corner record.

465. Records of Survey.(a) When a record of survey which forgood and sufficient reason beyond the control

of the surveyor cannot be filed within 90 days after a survey (as required by Section 8762 ofthe Code), such survey shall be considered preliminary in nature until such time as thedifficulties causing deiay are resolved and shall be filed as soon thereafter as possible.

(b) A record of survey map need not be filed when the positions of newlyestablished lines can be determined by inspection of a map of record without the use oftrigonometric caiculations.

(c) Maps filed with the County Surveyor shall show measured lines and bearings.Whenever there is a material discrepancy from previously recorded data, it shall be noted onthe map.

(d) When a public officer has performed a survey which is subject to the require-ments of Section 8762 of the Code, he/she shall comply with Section 8765(a) of the Code, orhe/she shall file a record of survey map.

470. Application Response.(a) The following timeframes, (which are based on taking and passing the first

available examination) shall apply to appiications forregistration as a professionai engineer orapplications for registration or iicensure as a professional land surveyor, when an examinationis required:

(1) Within 150 calendar days of receipt of an application, the board shall inform theapplicant in writing thatthe application is either accepted forfiiing orthat it is deficient and whatspecific information or documentation is required to complete the application.

(2) A complete application shall include a score for all parts of the examination.Within 60 calendar days after the filing of a complete application, the board shall make adecision regarding the applicant's eligibility for registration or iicensure.

(b) The following timeframes, based on taking and passing the first availableexamination, shall apply to appiications for certification to use the titles "Engineer-in-Training"or "Land Surveyor-in-Training", when an examination is required:

(1) Within 75 caiendar days of receipt of an application, the board shall inform theapplicant in writing that the application is either accepted for filing or that it is deficient and whatspecific information or documentation is required to complete the application.

71

(2) A complete application shali Include a score for the examination. Within 60calendar days after the filing of a complete application, the, board shall make a decisionregarding the applicant's eligibility to use either the title "Engineer-In-Training" or "LandSurveyor-In-Training".

(c) The following timeframes shall apply to applications for registration as aprofessional engineer or application for licensure as a professional land surveyor, when comityregistration Is applied for and when no examination is required:

(1) Within 125 calendar days of receipt of a comity application, the board shallinform the applicant in writing that the application Is either accepted for filing and complete orthat it is deficient and what specific information or documentation is required to complete theapplication.

(2) Within 60 calendar days after the date of filing of a complete application, theboard shall make a decision regarding the application for registration or licensure.

471. Processing Time.The Board's time periods are based upon an applicant taking and passing the first

available examination and for processing an application from the receiptofthe initial applicationto the final decision regarding issuance or denial of registration based on the Board's actualperformance during the two years preceding the proposal of this section:

(a) The median time was 255 days(b) The minimum time was 10 days(c) The maximum time was 1548 days

72

Chapter 1. California CoordinateSystem

8801. California courairtate system(a) The system of plane coordinates which has been established by the United

State Coast and Geodetic Survey for defining and stating the positions or locations at pointson the surface of the earth within the State of California is based on the North American Datumof 1927 and is identified as the "California Coordinate System." After January 1, 1987, thissystem shall be known as the "California Coordinate System of 1927."

(b) The system of plane coordinates which has been established by the NationalGeodetic Survey for defining and stating the positions or locations of points on the surface ofthe earth within the State of California and which is based on the North American Datum of 1983shall be known as the "California Coordinate System of 1983."

(c) As used in this chapter:(1) "NAD27" means the North American Datum of 1927.(2) "CCS27" means the California Coordinate System of 1927.(3) "NAD83" means the North American Datum of 1983.(4) "CCS83" means the California Coordinate System of 1983.(5) "USC&GS" means the United States Coast And Geodetic Survey.(6) "NGS" means the National Geodetic Survey.(7) "FGCC" means the Federal Geodetic Control Committee.(d) The use of the term "State Plane Coordinates" refers only to CCS27 and CCS83

coordinates.

8802. Seven ,"o"es in CaliforniaFor CCS27, the state is divided into seven zones. For CCS83, the state is divided into

six zones. Zone 7 of CCS27, which encompasses Los Angeles County, ',s eliminated and thearea is included in Zone 5.

Each Zone of CCS27 is a Lamben conformal conic projection based on Clarke'sSpheroid of 1866, which is the basis of NAD27. The points of control of zones one to six,inclusive, bear the coordinates: Northing (y) = 000.00 feet and Easting (x) = 2,000,000 feet.The point of control of Zone 7 bears the coordinales: Northing (y) = 4,160,926.74 feet andEasting (x) = 4,186,692.58 feet.

Each zone of CCS83 is a Lamben conformal conic projection based on the GeodeticReference System of 1980, which is the basis of NAD83. The poim of control of each of thesix zones bear the coordinates: Northing (y) =500,000 merers and Easting (x) =2,000,000meters.

The area included in the following count,es constitutes Zone 1 of CCS27 and CCS83:Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity.

The area included in the following counties constitutes Zone 2 of CCS27 and CCS83:Alpine, Amador, Butte, Colusa, EI Dorado, Glenn, Lake, Mendocino, Napa, Nevada, Placer,Sacramento, Sierra, Solano, Sonoma, Sutter, Yolo, and Yuba.

The area included in the following counties constitutes Zone 3 of CCS27 and CCS83:Alameda, Calaveras, Comra Costa, Madera, Marin, Mariposa, Merced, Mono, San Francisco,San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanisiaus, and Tuolumne.

The area included in the foilowing counties constitutes Zone 4 of CCS27 and CCS83:Fresno, Inyo, Kings, Monterey, San Benito, and Tulare.

The area included in the following counties and Channel Islands constitutes Zone 5 ofCCS27: Kern, San Bernardino, San Luis Obispo, Sama Barbara (excepting Santa BarbaraIsland), and Ventura (excepting San Nicholas Island) and the Channel Islands of Santa Cruz,Santa Rosa, San Miguel, and Anacapa.

75

The area included in the following counties and Channel Islands constitutes Zone 5 ofCCS83: Kern, Los Angeles (excepting San Clemente and Santa Catalina Islands), SanBernardino, San Luis Obispo, Santa Barbara (excepting Santa Barbara Island), and Ventura(excepting San Nicholas Island) and the Channel Islands of Santa Cruz, Santa Rosa, SanMiguel, and Anacapa.

The area included in the following counties and Channei Islands constitutes Zone 6 ofCCS27 and CCS83: Imperial, Orange, Riverside, and San Diego and the Channel Islands ofSan Clemente, Santa Catalina, Santa Barbara, and San Nicholas.

The area included in Los Angeles County constitutes Zone 7 of CCS27.

8803. Zone 1Zone 1 coordinates shall be named, and, on any map on which they are used, they shall

be designated as "CCS27, Zone 1 or CCS83, Zone 1."On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone

1 and CCS83, Zone 1 are at north latitudes 40 degrees 00 minutes and 41 degrees 40 minutes,along which parallels the scale shall be exact; and (2) the point of control of coordinates is atthe intersection of the zone's central meridian, which Is at 122 degrees 00 minutes westlongitude, with the parallel 39 degrees 20 minutes north latitude.



2 and CCS83, Zone 2 are at north latitudes 38 degrees 20 minutes and 39 degrees 50 minutes,along which parallels the scale shall be exact; and (2) the point of control of coordinates is atthe intersection of the zone's central meridian, which is at 122 degrees 00 minutes westlongitude, with the parallel 37 degrees 40 minutes north latitude.



3 and CCS83, Zone 3 are at north iatitudes 37 degrees 04 minutes and 38 degrees 26 minutes,aiong which parallels the scale shall be exact; and (2) the point of control of coordinates is atthe intersection of the zone's central meridian, which is at 120 degrees 30 minutes westlongitude, with the parallel 36 degrees 30 minutes north latitude.







76

8808. Zone 6Zone 6 coordinates shall be named, and, on any map which they are used, they. shall


6and CCS83, Zone 6 are at north latitudes 32 degrees 47 minutes and 33 degrees 53 minutes,along which parallels the scale shall be exact; and (2) the point of control of coordinates is atthe intersection of the zone's central meridian, which is at 116 degrees 15 minutes westlongitude, with the parallel 32 degrees 10 minutes north latitude.

8809. Zone 7Zone 7 coordinates shall be named, and, on any map which they are used, they shall

be designated as "CCS27, Zone 7."On its respective spheroid of reference: (1) the standard parallels of CCS27, Zone 7are

at north latitudes 33 degrees 52 minutes and 34 degrees 25 minutes, along which parallels thescale shall be exact; and (2) the pointof control of coordinates is althe intersection olthe zone'scentral meridian, which is at 118 degrees 20 minutes west longitude, with the parallel 34degrees 08 minutes north latitude.

8810. Plane coordinatesThe plane coordinates of a point on the earth's surtace, to be used in expressing the position

or location of the point in the appropriate zone of CCS27 or CCS83, shall consist of two distances,expressed in feet and decimals of a loot or meters and decimals of a meter. When the values areexpressed in feet, the "U.S. Survey foot," (one foot = 120013937meters) shall be used as the standardfoot for CCS27 and CCS83. One of these distances, to be known as the "East x-coordinate," shallgive the distance east of the Y axis; the other, to be known as the "North y-coordinate," shall give thedistance norih of the X axis. The Y axis of any zone shall be parallel with the central meridian of thatzone. The X axis of any zone shall be at right angles to the central meridian of that zone.

8811. Basis of plane coordinatesThe state plane coordinates of a point in any zone shall be based upon the plane

coordinates of published horizontal control stations orderived from published horizontal controlstations of the USC&GS and the NGS or their successors.

8813. CCS27 and CCS83; stations; surveys based on state planecoordinates

The CCS27 and CCS83 shall be based on monumented first- and second-orderstationswhich have been published by USC&GS and NGS ortheir successors. The geodetic positionsof CCS27 and CCS83 stations which are used to increase the density of control and whichpurport to be of first- or second-orderaccuracy shall have been surveyed in conformity with firstor second-order survey standards and specifications in effect at the time of the survey asdefined by the Federal Geodetic Control Committee. Any surveyor map which is to be basedon state plane coordinates shall show established field-measured connections to at least twostations of corresponding accuracy or better whose credentials are based upon pubiishedstations of USC&GS or NGS or their successors. if an FGCC order of accuracy is claimed fora surveyor a map, it shall be justified by additional written data that shows equipment,procedures, ciosures, adjustments, and a control diagram.

8814. Using state plane coordinates; record dataState plane coordinates may be used for property identification on any map, survey,

conveyance, or other instrument which delineates or affects the title to real property or whichdelineates, describes, or refers to the property, or any part thereof. However, to constitute,when recorded, constructive notice thereofunderthe recording laws, thedelineating, describing,or referring to the property, or part thereof, shall also refer to data appearing of record in any

77

office, the records of which constitute constructive notice under the recording iaws. That recorddata shail be sufficient to identify the property without recourSe to those coordinates, and incase of contiict between them, the references to that recorded data shail be controiling for thepurpose of determining constructive notice under the recording laws.

8815. Using the term "California Coordinate System"The use of the term "California Coordinate System" on any map or document or in any

field notes shail be suffixed either with "27" (shown as "CCS27") for coordinates based onNAD27 or with "83" (shown as "CCS83") for coordinates based on NAD83.

8816. State Plane Coordinates optionalThe use of the State Piane Coordinates by any person, corporation, or governmental

agency engaged in iand surveying or mapping is optional.

8817. Changing State Plane Coordinates - 1995Prior to January 1, 1995, use of State Plane Coordinates for new projects may be based

either on CCS27 or CCS83. On or after January 1, 1995, when State Plane Coordinates areused on new surveys and new mapping projects, the use shail be limited to CCS83.

8818. No impairment of boundariesThis chapter does not impair or invalidate iand titles, legal descriptions, or jurisdictionai

or land boundaries and, further, this chapter does not impair or invalidate references to, or theuse of, CCS27 coordinates, except as provided in Section 8817.

8819. Using new geodetic surveying technologiesThis chapter does not prohibitthe use of new geodetic surveying technoiogies for which

FGCC specifications have not yet been pubiished, except that iffirst- orsecond-orderaccuracyis ciaimed for any of the resulting monumented stations, the state plane coordinates shailconform to FGCC accuracy standards.

78

***Civil Code, §846.5

846.5. Right of Entry(a) The right of entry upon or to real property to investigate and utilize boundary

evidence, and to perform surveys, Is a right of persons legally authorized to practice landsurveying and it shall be the responsibility of the owner or tenant who owns or controls propertyto provide reasonable access without undue delay. The right of entry is not contingent uponthe provision of prior notice to the owner or tenant. However, the owner or tenant shall benotified of the proposed time of entry where practicabie.

(b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways.

(c) When required for a property survey, monuments within a freeway right-of-wayshall be referenced to usable points outside the access control line by the agency havingjurisdiction over the freeway when requested in writing by the registered civil engineer orlicensed land surveyor who is to perform the property survey. The work shail be done withina reasonable time period by the agency in direct cooperation with the engineer or surveyor andat no charge to him.

Code of Civil Procedure§337.1 and §337.15

337.1. Statute of limitations for patent defects(a) Except as otherwise provided In this section, no action shall be brought to

recover damages from any person performing or furnishing the design, specifications,surveying, planning, supervision or observation of construction or construction of an improvementto real property more than fouryears after the substantial completion of such Improvementfor any of the following:

(1) Any patent deficiency In the design, specifications, surveying, planning, supervisionor observation of construction or construction of an improvement to, or survey of, real property;

(2) Injury to property, real or personal, arising out of any such patent deficiency; or(3) Injury to the person or for wrongful death arising out of any such patent

deficiency.(b) If, by reason of such patent deficiency, an injury to property orthe person or an

injury causing wrongful death occurs during the fourth year after such substantial completion,an action in tort to recover damages for such an injury or wrongful death may be brought withinone year after the date on which such Injury occurred, Irrespective of the date of death, but Inno event may such an action be brought more than five years after the substantial completionof construction of such improvement.

(c) Nothing in this section shall be construed as extending the period prescribed bythe laws of this state for the bringing of any action.

(d) The limitation prescribed by this section shall not be asserted by way of defenseby any person In actual possession or the control, as owner, tenant or otherwise, of such anImprovement at the time any deficiency in such an improvement constitutes the proximatecause of the injury or death for which it is proposed to bring an action.

(e) As used in this section, "patentdeficiency" means a deficiency which isapparentby reasonable inspection.

81

(f)residence.

Subdivisions (a) and (b) shali not apply to any owner-occupied single-unit


337.15. Statute of limitations for latent defects(a) No action may be brought to recover damages from any person, or the surety

of a person, who deveiops real property or performs or furnishes the design, specifications,surveying, planning, supervision, testing, or observation of construction or construction of animprovement to reai property more than 10 years after the substantial completion of thedevelopment or improvement for any of the foliowing:

(1) Any latentdeficiency in the design, specification, surveying, pianning, supervision, orobservation of construction or construction of an improvement to, or survey of, real properlY.

(2) Injury to property, real or personal, arising out of any such latent deficiency.(b) As used in this section, "latent deficiency" means a deficiency which is not

apparent by reasonabie inspection.(c) As used in this section, "action" includes an action for indemnity brought against

a person arising out of that person's performance or furnishing of services ormateriais referredto in this section, except that a cross-compiaint for indemnity may be filed pursuant tosubdivision (b) of Section 428.10 in an action which has been brought within the time periodset forth in subdivision (a) of this section.

(d) Nothing in this section shali be construed as extending the period prescribed bythe laws of this state for bringing any action.

(e) The limitation prescribed by this section shali not be asserted by way of defenseby any person in actual possession or the controi, as owner, tenant or otherwise, of such animprovement, at the time any deficiency in the improvement constitutes the proximate causefor which it is proposed to bring an action.

(f) This section shalinot apply to actions based on willful misconduct or fraudulentconcealment.

(g) The 10-year period specified in subdivision (a) shali commence upon substantiaicompietion ofthe improvement, butnotlaterthanthedateofoneofthefoliowing,whicheverfirstoccurs:

(1) The date of final inspection by the applicable public agency.(2) The date of recordation of a valid notice of completion.(3) The date of use or occupation of the improvement.(4) One year after termination or cessation of work on the improvement.The date of substantial completion shali relate specifically to the performance or fumishing

design, specifications, surveying, planning, supervision, testing, observation of construction orconstruction services by each profession or trade rendering services to the improvement.


***Certificate of Merit Law

Code of Civil Procedure, §411.35

411.35. Certificate of Merit for professional malpractice claims(a) In every action, inciuding a cross-complaint for damages or indemnity, arising

out of the professional negiigence of a person holding a valid architect's certificate issuedpursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business andProfessions Code, or of a person holding a valid registration as a professional engineer issuedpursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business andProfessions Code, or a person holding a valid land surveyor's license issued pursuant toChapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions

82

Code on or before the date of service olthe complaint on any defendant, the plaintiff's attorneyshall file the certificate specified by subdivision (b).

(b) A certificate shall be executed by the attorney for the piaintiff or cross-complainant declaring one of the following:

(1) That the attorney has reviewed the facts of the case, that the attorney hasconsulted with at least one architect, professional engineer, or land surveyor who is licensedto practice and practices In this state or any other state, or who teaches at an accredited collegeor university and is licensed to practice in this state or any other state, in the same disciplineas the defendantorcross-defendant and who the attorney reasonably believes is knowledgeablein the relevant Issues involved in the particular action, and that the attorney has concluded onthe basis of such review and consultation that there is reasonabie and meritorious cause forthe filing of such action. The person consulted may not be a party to the litigation.

(2) That the attorney was unable to obtain the consultation required by paragraph(1) because a statute of limitations would impair the action and that the certificate required byparagraph (1) could not be obtained before the impairment of the action. If a certificate isexecuted pursuant to this paragraph, the certificate required by paragraph (1) shall be filedwithin 60 days after filing the complaint.

(3) That the attorney was unable to obtain the consultation required by paragraph(1) because the attorney had made three separate good faith attempts with three separatearchitects, professional engineers, or land surveyors to obtain such consultation and none ofthose contracted would agree to such a consultation.

(c) Where a certificate is required pursuantto this section, only one certificate shallbe filed, notwithstanding that multiple defendants have been named in the complaint or maybe named at a later time.

(d) Where the attorney intends to reiy soiely on the doctrine of "res ipsa loquitur,"as defined in Section 646 of the Evidence Code, or exciusively on a failure to inform of theconsequences of a procedure, or both, this section shall be inapplicable. The attorney shallcertify upon filing olthe compiaint that the attorney is solely relying on the doctrines of "res ipsaioquitur" or failure to inform of the consequences of a procedure or both, and for that reasonis not filing a certificate required by this section.

(e) For purposes of this section, and subject to Section 912 of the Evidence Code,an attorney who submits a certificate as required by paragraph (1) or (2) of subdivision (b) hasa privilege to refuse to disclose the identity of the architect, professionai engineer, or landsurveyor consulted and the contents of the consultation. The privilege shall also be held by thearchitect, professional engineer, orlandsurveyorsoconsulted. If, however, the attorney makesa claim under paragraph (3) of subdivision (b) that he or she was unable to obtain the requiredconsuitation with the architect, professional engineer, or land surveyor, the court may requirethe attorney to divulge the names of architects, professional engineers, or land surveyorsrefusing the consuitation.

(f) A violation of this section may constitute unprofessional conduct and begrounds for discipline against the attorney, except that the failure to file the certificate requiredby paragraph (1) of subdivision (b), within 60 days after filing the complaint and certificateprovided for by paragraph (2) of subdivision (b), shall not be grounds for discipline against theattorney.

(g) The failure to file a certificate in accordance with this section shall be groundsfor a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435.

(h) Upon the favorable conclusion olthe litigation with respectto any partyforwhoma certificate of merit was filed orfor whom a certificate of merit should have been filed pursuantto this section, the trial court may, upon the motion of a party or upon the court's own motion,verify compliance with this section, by requiring the attorney for the plaintiff or crosscomplainant who was required by subdivision (b) to execute the certificate to reveal the name,address, and telephone number of the person or persons consuited with pursuant tosubdivision (b) that were reiied upon by the attorney in preparation of the certificate of merit.

83

The name, address, and telephone number shall be disclosed to the trial judge in an in-cameraproceeding at which the moving party shall not be present. IflheJrial judge finds therehas beena failure to comply with this section, the court may order a party, a party's attorney, or both, topay any reasonable expenses, including attorney's fees, incurred by another party as a resultof the failure to comply with this section.

This section shall remain in effect only until January 1, 1992, and as of that date isrepealed.

(i) For purposes of this section, "action" includes a complaint or cross-comptaintfor equitable indemnity arising out of the rendition ofprofessional services whether or not thecomplaintorcross-complaintspecificallyasserts orutilizes the terms "professionatnegtigence"or "negligence. "


Government Code, Title 1, Division 5, Chapter 10,§§4525-4529.5

"The Little Brooks Act"

4525. Definitions in the Little Brooks ActFor purposes of this chapter, the following terms have the following meanings:(a) "Firm" means any individual, firm, partnerShip, corporation, association, or

other legal entity permitted by law to practice the profession of architecture, engineering,environmental services, land surveying, or construction project management.

(b) "State agency head" means the secretary, administrator, or head of a depart-ment, agency, or bureau of the State of California authorized to contract for architectural,engineering, environmental, land surveying, and construction project management services.

(c) "Local agency head" means the secretary, administrator, or head of a depart-ment, agency, or bureau of any city, county, city and county, whether general law or chartered,or any district which is authorized to contract for architectural, engineering, environmental, landsurveying, and construction project management services.

(d) "Architectural, engineering, environmental, and land surveying services" in-cludes those professional services of an architectural, engineering, environmental, or landsurveying nature as well as incidental services that members of these professions and thosein their employ may logically or justifiably perform.

(e) "Construction project management" means those services provided by alicensed arChitect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on stateconstruction projects.

(f) "Environmental services" means those services performed in connection withproject development and permit processing in order to comply with federal and stateenvironmental· Jaws.


4526. Procurement based on negotiated contracts-state and localNotwithstanding any other provision of law, selection by a state or local agency head for

professional services of private architectural, engineering, environmental, land surveying, orconstruction project management firms shall be on the basis of demonstrated competence andon the professional qualifications necessary for the satisfactory performance of the servicesrequired. In order to implement this method of selection, state agency heads contracting forprivate architectural, professional engineering, environmental, land surveying, and construction

84

Mandatory state procedures-optional locallyWhen the selection is by a state agency head the foliowing procedures shali

project management services shali adopt by regulation, and local agency heads contracting forprivate architectural, professional engineering, environmental, laRd surveying, and constructionproject management services may adopt by ordinance, procedures that assure that theseservices are engaged on the basis ofdemonstrated competence and qualifications for the typesof services to be performed and at fair and reasonable prices to the public agencies.Furthermore, these procedures shali assure maximum participation of small business firms, asdefined by the Director of General Services pursuant to Section 14837.

In addition, these procedures shali specificaliy prohibit practices which might result inunlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specificaliy prohibit government agency employees from participating in theselection process when those employees have a relationship with a person or business entityseeking a contract under this section which would subject those employees to the prohibitionof Section 87100.


4526.5 Public contract codeA state agency head entering Into a contract pursuant to this chapter shaH, In addition

to any other applicable statute or regulation, also foHow Section 6106 of the Public ContractCode.


4527. Qualification for state contracts-optional locallyIn the procurement of architectural, engineering, environmental, land surveying, and

construction project management services, the state agency head shali encourage firmsengaged in the lawful practice of their profession to submitannuallyastatement of qualificationsand performance data.

(a) When the selection isbyastateagencyhead,statewideannouncementofali projectsrequiringarchITectural, engineering, environmental, landsurveying, orconstructionprojectmanagementservices shali be made by the agency head through publications of the respective professionalsocieties. The agency head, for each proposed project, shall evaluate current statements ofquaiificationsand performancedataon file with the agency, togetherwith those that maybe submittedby other firms regarding the proposed project, and shall conduct discussions with m iess than threefirms regarding anticipated concepts and the relative utility of alternative method' of approach forfurnishing the required services and then shali select therefrom, in order of preference, based uponcriteria established and published by him orher, no less than three olthe firms deemet' to be the mosthighly quaiified to provide the services required.

(b) When the selection is by a local agency head, the agency head may undertakethe procedures described in subdivision (a). In addition, these procedures shali specificaliyprohibit practices which might result in unlawful activity including, but not limited to, rebates,kickbacks, or other uniawful consideration, and shali specificaliy prohibit government agencyemployees from participating in the selection process when these employees have arelationshipwith a person or business entity seeking a contract under this section.


4528.(a)

apply:(1) The state agency head shali negotiate a contract with the best qualified firm for

architectural, engineering, environmental, land surveying, and construction project management services at compensation which the state agency head determines is fair and reasonableto the State of California or the political subdivision involved.

(2) Should the state agency head be unable to negotiate a satisfactory contract with thefirm considered to be the most qualified, at a price the agency head determines to be fair and

85

reasonable to the State of California or the political subdivision involved, negotiations with thatfirm shall be formally terminated, The state agency head shall then undertake negotiations withthe second most qualified firm, Failing accord with the second most qualified firm, the stateagency head shall terminate negotiations. The state agency head shall then undertakenegotiations wifh the third most qualified firm.

(3) Should the state agency head be unable to negotiate a satisfactory contractwithany of the selected firms, the state agency head shall select additional finms in order of theircompetence and qualification and continue negotiations in accordance with this chapter untilan agreement is reached.

(b) When the selection is by a local agency head, the local agency head mayundertake the procedures described in subdivision (a).


4529. Exception for non-professional servicesThis chapter shall not apply where the state or local agency head determines that the

services needed are more of a technical nature and involve little professional judgement andthat requiring bids would be in the public interest.


4529.5. Evidence of expertise and experienceAny individual or firm proposing to provide construction project management services

pursuant to this chapter shall provide evidence that the individual or firm and its personnelcarrying out nnsite responsibilities have expertise and experience in construction projectdesign review and evaluation, construction mobilization and supervision, bid evaluation,project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administrafion of a construcfion project.

[Added, Chapter 698, Statutes of 1987j

Government Code, §§27550-27564

27550. Qualifications; selectionThe surveyor shall be a person authorized to practice land surveying in this state. The

surveyor shall be elected in the same manner and for the same term as other county officersunless the board of supervisors of the county shall have provided by ordinance for his or herappointment by the board. If so appointed, the surveyor shall serve at the will of the board.

27550.1. Counties under 20,000; inapplicability of eligibility requirementsThe qualifications for eligibility to a county or district office, required by Section 24001

of this Code, shall not apply to candidates or applicants for, or a person elected or appointedto, the office of surveyor in a county containing a population of under 20,000 as determined bythe 1960 federal decennial census.

27551. Surveys; records; furnishing copies to publicThe surveyor shall make any survey that is required by order of court or the board of

supervisors. He shall keep a correct and fair record of all surveys made by him, number themin the order made, and preserve a copy of the field notes and calculations of each survey, andshall endorse thereon its proper number. A copy of the survey and a fair and accurate plat,together with a certificate of survey, shall be furnished by him to any person upon applicationand payment of the fees allowed by law.

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27552. Survey of land divided by county linesAny person owning or claiming land which is divided by county lines and who wish to

have it surveyed may applytothe surveyor of any county in which any part of the land is situated.Upon such application, the surveyor shall make the survey, which is as valid as though the landwere situated entirely within the county.

27553. Order for survey of land divided by county linesWhen the title of land which is in dispute before any court, is divided by a county line,

the court making an order of survey may direct the order to the surveyor of any county in whichany part of the land is situated.

27554. Assistance to State Lands CommissionWhen required the surveyor shall aid and assist the State Lands Commission in making

surveys within the county.

27555. Survey by disinterested persons where surveyor interested partyWhen the surveyor is interested in any land, the title to which is in dispute, and a survey

is necessary, the court shall direct the survey to be made by some disinterested person. Theperson so appointed is for that purpose authorized to administer and certify oaths. He shallreturn the survey, verified by his annexed affidavit, and receive for his services the same feesas the surveyor would be entitled to for similar service.

27556. Surveyor as ex officio deputy recorder to copy maps and plats;maps and plats exempt.

The surveyorshall copy, plat, ortrace each map filed for record in the office of the countyrecorder, at the cost of the party filing the map, and is ex officio deputy recorder for the countyfor such purposes. All maps or plats filed by a licensed land surveyor and such other maps andplats as are filed and are thereby made a record are exempt from this section.

27557. County maps and assessors' block-booksThe surveyor shall plat, trace, blueprint, or otherwise make all county, road, district, and

other maps and all assessors' block-books for the county.

27558. Contracts for purchase of maps and block-books; restrictionsThe board of supervisors may provide and pay from county funds for the making or

purchase of the maps and block-books by contract with some other competent person, if anyof the following conditions exist:

(a) The office of the assessor is not provided with maps and block-books.(b) The maps or block-books in the office of the assessor are Insufficient or

defective and the surveyor neglects or refuses to make them.(c) The facilities of the surveyor's office are inadequate to do so.

27559. Necessary investigations for maps and block-booksIn the preparation of assessors' maps and block-books the surveyor shall make all

investigations and surveys necessary to provide complete and accurate maps.

27560. Maps and data as county propertyAll maps which are platled, traced, blueprinted, or otherwise so made forthe county and

all data obtained by the surveyor or person making them from other sources is the property ofthe county.

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27561. Sales of mapsThe board of supervisors may provide forthe sale at not less than cost of copies of maps

prepared for the use of the assessor.

27562. Direction of supervisors; requisites of surveys; filing mapsThe surveyor shall make such surveys of county roads and perlorm such other

engineering work as the board of supervisors directs. All surveys shall be tied by courses anddistances to the corners of legal subdivisions through which they pass or to natural or artificialmonuments. All such maps and field notes of survey shall be filed in the office of the surveyorand are the property of the county.

27563. Courses in surveysIn all surveys the courses shall be expressed according to the true meridian, and the

variation of the magnetic meridian from the true meridian shall be expressed on the plat withthe date of the survey.

27564. Survey of lands adjoining state lands; transmission of informationWithin 90 days after making any survey which adjoins or crosses any lands owned by

the State, eXcluding tax-deeded lands but including school lands, swamp and overllow lands,or tidelands, any navigable stream or slough, or any county boundary, each surveyor shalltransmit to the State Lands Commission a plat of the survey, showing all data necessary toestablish the relative positions of all lines and boundaries involved in that portion of the surveyaffecting the interests of the State. The State Lands Commission may require the surveyor tosubmit a copy of any portion of the field notes, in which case the commission shall pay thesurveyor the cost of copying the notes.

The surveyor shall also transmit such information concerning surveys made by him andother matters connected with the duties of his office as is required by iaw to be furnished to theState Lands Commission.


27584. Survey monument preservation fundThe board may establish a survey monument preservation fund to pay the necessary

expenses incurred or authorized by the county surveyor in any retracement or remonumentsurvey of major historical land division lines upon which later surveys are based, such as, butnot limited to, government section lines, rancho lines, grant lines, rancho section lines, acreagesubdivision lot lines, and subdivision boundary lines within such county.

The county surveyormayauthorize acity engineerto perlorm such surveys within subject cityor may contract with any surveyor in private practice to perlorm such surveys. When acity engineeror contract surveyor perlorms such surveys, he shall submit notes of such surveys to the countysurveyor. Such notes shall be of the quality and size as may be necessary to conform to thestandardized office records of the county surveyor. The county surveyor shall prepare a map of thesurvey and make such mapapartofhis public recordswithin 90 days aftercompletion ofhis fieldwork.


27585. Financing the survey monument preservation fund; extinguish.ment of fund

(a) For the limited purpose of financing the survey monument preservation fundpursuant to Section 27584, the board may impose a user fee, notto exceed ten dollars ($10),

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or an amount set pursuantto Section 54985, which shall be charged and collected by the countyrecorder, over and above any other fees required by law, as a condition precedent to the filingor recording of any grant deed conveying real property. Grant deeds conveying lots createdby recorded tract maps shall be exempt from the user fee. Except as otherwise provided insubdivision (b), the fees shall be forwarded monthly by the county recorder to the countytreasurer for deposit to the county survey monument preservation fund. Following theestablishment of the fund, the board of supervisors may extinguish the fund if a finding is madeby the board that the need for the fund no longer exists.

(b) Notwithstanding subdivision (a) or (c), if a city engineer of a city with a population ofmore than 1,500,000 persons conducts the survey pursuant to Section 27584, any user feescollected pursuant to subdivision (a) on and after January 1, 1987, with respect to any grantdeed conveying real property located wholly within the city shall be transferred monthly by thecounty recorder to the city treasurer of the city to reimburse the city for the expenses incurredby the city engineer in conducting that survey.

(c) Notwithstanding Section 2231 of the Revenue and Taxation Code, and except asotherwise provided in subdivision (b), no funds collected by the county recorder for the surveymonument preservation fund shall be transferred to, or deposited in, any other fund or used forany other purpose.


Public Resources Code, §§8831-8834Topographic Mapping

8831. Policy of state declaredIt is the policy of the State of California to provide for basic topographic map coverage

in aid of development and conservation of the natural and econornic resources of the State.

8832. Department definedAs used in this chapter, "department" means the Department of Water Resources.

8833. Duties of department; adoption of general plan and program;further investigations and reports

The department shall investigate and prepare a complete report on mapping, includingpians and recommendations for an adequate mapping program for California, and shall adopta general plan and program for the accomplishment of the policy declared in this chapter. Thegeneral plan and program so adopted, or as amended or modified, shall be the authorizedgeneral plan and program to be carried out by the department. The department may from timeto time make such further investigations and reports upon mapping as deemed proper by it inpursuance of the policy declared in this chapter.

8834. Cooperation with federal government; agreements or contractswith federal government

All map production work to be undertaken pursuant to this chapter shall be incooperation with the federal government. With the approval of the Department of GeneralServices, the department may enter into agreements or contracts with the federal governmentor any of its agencies for performance of map production work in accordance with the generalplan and program.

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Federal Law:

Federal Property and Administrative Services Actof 1949-"The Brooks Act"

Title IX, §§541.544

541. Definitions in the Brooks ActAs used in this title-(1) The term "firm" means any individual, firm, partnership, corporation, associa-

tion, or other legal entity permitted by law to practice the professions of architecture orengineering.

(2) The term "agency head" means the Secretary, Administrator, or head of adepartment, agency, or bureau of the Federal Government.

(3) The term "architectural and engineering services" means(A) professional services of an architectural or engineering nature, as defined by

State law, if applicable, which are required to be performed or approved by a person licensed,registered, or certified to provide such services as described in this paragraph;

(8) professional services of an architecturel or engineering nature performed bycontract that are associated with research, planning, development, design, construction,alteration, or repair of real property; and

(C) such other professional services of an architectural or engineering nature, orincidental services, which members of the architectural and engineering professions (andindividuals in their employ) may logically orjustifiably perform, including studies, investigations,surveying, mapping, tests, evaluations, consultations, comprehensive planning, programmanagement, conceptual designs, plans and specifications, value engineering, constructionphase services, soils engineering, drawing reviews, preparation of operating and maintenancemanuals, and other related services.

[Amended, Public Law 100-656, 1988]

542. Procurement based on negotiated contractsThe Congress hereby declares it to be the policy of the Federal Government to publicly

announce all requirements for architectural and engineering services, and to negotiatecontracts for architectural and engineering services on the basis of demonstrated competenceand qualification forthe type of professional services required and atlairand reasonable prices.

543. Statements of QualificationsIn the procurement of architectural and engineering services, the agency head shall

encourage firms engaged in the lawful practice of their profession to submit annually astatement of qualifications and performance data. The agency head, for each proposedproject, shall evaluate current statements of qualifications and performance dataon fife with theagency, together with those that may be submitted by other firms regarding the proposedproject, and shall conduct discussions with no less than three firms regarding anticipatedconcepts and the relative utility of alternative methods of approach for furnishing the requiredservices and then shall select therefrom, in order of preference, based upon criteria establishedand published by him, no less than three of the firms deemed to be the most highly qualifiedto provide the services required.

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544. Contract negotiations for fair and reasonable compensation(a) The agency head shall negotiate a contract with the highest qualified firm for

architectural and engineering services at compensation which the agency head determines isfair and reasonable to the Government. In making such determination, the agency head shalltake into account the estimated value of the services to be rendered, the scope, complexity,and professional nature thereof.

(b) Should the agency head be unable to negotiate a satisfactory contract with thefirm considered to be the most qualified, at a price he determines to be fair and reasonable tothe Government, negotiations with that firm should be formally terminated. The agency headshould then undertake negotiations with the second most qualified firm. Failing accord with thesecond most qualified firm, the agency head should terminate negotiations. The agency headshould then undertake negotiations with the third most qualified firm.

(c) Should the agency head be unable to negotiate a satisfactory contract with anyof the selected firms, he shall select additional firms in order of their competence andqualification and continue negotiations in accordance with this section until an agreement isreached.

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

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