Who Can Legally Design A Building In California

[jar546]

STRUCTURAL ENGINEERS may design any building of any type.

CIVIL ENGINEERS may design any building of any type EXCEPT public schools and hospitals.

ARCHITECTS may design any building of any type EXCEPT the structural portion of a hospital.

UNLICENSED INDIVIDUALS may design only the following types of buildings:

• Single-family dwellings of not more than two stories and basement in height.
• Multiple dwellings containing not more than four dwelling units of woodframe construction of not more than two stories and basement in height and no more than four dwelling units per lot.
• Garages or other structures appurtenant to the dwellings described above of woodframe construction not more than two stores and basement in height.

NOTE: If any portion of the structures described above does not meet the conventional woodframe requirements described in Title 24 of the California Code of Regulations or in the building codes of the local jurisdiction, then the building official having jurisdiction shall require the plans, calculations, and specifications for that portion of the structure to be prepared and signed and sealed by a licensed engineer or a licensed architect.

• Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction determines that an undue risk to the public health, safety, or welfare is involved.
• Store fronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment, including any work necessary to install these items, or any alterations or additions to any building necessary to install these items, as long as the alterations do not affect the structural safety of the building.

 

[SDS]

UNLICENSED INDIVIDUALS may design only the following types of buildings:

• Single-family dwellings of not more than two stories and basement in height.
• Multiple dwellings containing not more than four dwelling units of woodframe construction of not more than two stories and basement in height and no more than four dwelling units per lot.
• Garages or other structures appurtenant to the dwellings described above of woodframe construction not more than two stores and basement in height.

sign me up to design one of them 10,000 sqft clifftop homes with the panoramic sunset views of the Pacific Ocean, and a 6-car garage - to go!

 

[jar546]

sign me up to design one of them 10,000 sqft clifftop homes with the panoramic sunset views of the Pacific Ocean, and a 6-car garage - to go!

For a state that supposedly heavy regulations, that is pretty lax if you ask me.

 

[SDS]

For a state that supposedly heavy regulations, that is pretty lax if you ask me.

It really is...I'd have expected architect requirements for residential design in Cali'. I wonder how prescriptively friendly they are, but then, if they accept unlicensed residential house plans I don't see any reason why they wouldn't accept the prescriptive engineering as well.

Interesting info in any case

 

[ICE]

...that is pretty lax if you ask me.

The plans have to get the approval of the building department.
LA County has suspended plan check on ADUs. The intent is for the inspector to perform a plan check during a normal inspection visit. The thinking is that an ADU is such a simple affair that it isn't worth the expensive engineers' time to plan check what can be a standard plan.

 

[steveray]

The plans have to get the approval of the building department.
LA County has suspended plan check on ADUs. The intent is for the inspector to perform a plan check during a normal inspection visit. The thinking is that an ADU is such a simple affair that it isn't worth the expensive engineers' time to plan check what can be a standard plan.

Fat lot of good those good codes in Cali do...

 

[Joe.B]

California is very large. Do not consider anything that ICE says to apply to the entire state. He is a 12–14-hour drive away from me, how many East Coast states could you drive through in that time?

That said, we are kind of a paradox. We do have some of the strictest rules and regulations, yet there is no state level over-sight and free reign on real estate transactions.

 

[arwat23]

UNLICENSED INDIVIDUALS may design only the following types of buildings:

• Single-family dwellings of not more than two stories and basement in height.
• Multiple dwellings containing not more than four dwelling units of woodframe construction of not more than two stories and basement in height and no more than four dwelling units per lot.
• Garages or other structures appurtenant to the dwellings described above of woodframe construction not more than two stores and basement in height.

This part has always confused me. At the firm I work at, we outsource all of our structural work to another structural firm, even for single-family homes that an unlicensed person could design. It just seems like the safe thing to do imo. I see the argument for small structures like garages, but a home? I want an engineer or licensed architect to design that.

 

[Joe.B]

In my experience here there are very few designers that even know what a "prescriptive design" even is, let alone how to do one.

 

[Yankee Chronicler]

This part has always confused me. At the firm I work at, we outsource all of our structural work to another structural firm, even for single-family homes that an unlicensed person could design. It just seems like the safe thing to do imo. I see the argument for small structures like garages, but a home? I want an engineer or licensed architect to design that.

Most (if not all) states have an exception allowing single-family dwellings to be designed by unlicensed designers. That's how all the on-lie plan services make their money. In my state, an architect is not required for

• the construction or alteration of a residential building to provide dwelling space for not more than two families, or of a private garage or other accessory building intended for use with such residential building, or of any farm building or structure for agricultural use;

• the making of plans and specifications for or supervising the erection of any building, any building addition or any alteration to an existing building, where the building, including any addition, contains less than five thousand square feet total area, provided (A) this subdivision shall not be construed to exempt from the provisions of this chapter buildings of less than five thousand square feet total area of the use groups as defined in the State Building Code as follows: Assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories and similar buildings, and (B) the area specified in this subdivision is to be calculated from the exterior dimensions of the outside walls of the building and shall include all occupiable floors or levels.

 

[ICE]

Do not consider anything that ICE says to apply to the entire state

Nothing? As in nothing I say is relevant? I came from the premier building department in the nation. As we did, much of California followed. With that said, there's plenty of what I say that applies to the entire State.... and then there's some that's unique to just me.

To the question: Is an engineer or architect required for a dwelling in your jurisdiction. Over the last thirty years I have witnessed the dumb-ing down of the entire construction industry. If something is not on an approved set of plans, the casual observer is clueless as to the viability of that something. Lost is the ability to recognize sound building practices.

 

[ICE]

At the firm I work at, we outsource all of our structural work to another structural firm, even for single-family homes that an unlicensed person could design.

It's called sizzle. There needs to be a voluminous set of plans to justify an inflated fee.

 

[Joe.B]

Nothing? As in nothing I say is relevant?

Hahaha yeah, that's right.

No, just that things are very different on our opposite ends of the state.

 

[SDS]

This part has always confused me. At the firm I work at, we outsource all of our structural work to another structural firm, even for single-family homes that an unlicensed person could design. It just seems like the safe thing to do imo. I see the argument for small structures like garages, but a home? I want an engineer or licensed architect to design that.

I've corrected quite a few sets of house plans over the years, prescriptively, and as a lowly unlicensed designer, that were stuck in plan review because they were totally fubar'd by an architect and/or an engineer.

Big, BIG houses...

But this attitude is just silly...ALL homes...and many other occupancies, are designed prescriptively by default...until they do not qualify, and only then to they require an engineer's calculations.

In other words, by doing it as you describe...by farming out all the structural to another engineer whether the design calls for it or not...you are merely up-selling unneeded services and pointlessly increasing home build costs, because it could have been done prescriptively in-house faster and for less $$ simply by better understanding how to apply the prescriptive code.

Why engineering firms do not staff at least one 'prescriptive engineer', licensed or not, who only did prescriptive engineering for those plans that qualify is something I've always puzzled over....super easy $$ to be made this way.

 

[Yankee Chronicler]

It's called sizzle. There needs to be a voluminous set of plans to justify an inflated fee.

Too true.

I just reviewed a set of construction documents for an interior remodel (basically JUST replacing finishes, not an "alteration" involving moving, removing, or adding walls or doors or windows) that ran over 50 sheets -- of which most were just interior desecrator gobbledegook.

 

[mark handler]

California is very large. Do not consider anything that ICE says to apply to the entire state. He is a 12–14-hour drive away from me, how many East Coast states could you drive through in that time?

That said, we are kind of a paradox. We do have some of the strictest rules and regulations, yet there is no state level over-sight and free reign on real estate transactions.

New Bill to fight Flippers
Assembly Bill 225 is codified as Business and Professions Code § 10084.2.
Effective date is July 1, 2024

Disclosures: Flippers must disclose recent repairs and renovations.
"new" transactions of residential 1 to 4 properties must disclose recent repairs and renovations to the property in addition to all other existing disclosures. Applies to properties that are resold within 18 months of closing.

Applies to transactions if:
Residential 1 to 4 units,
Seller accepts an offer within 18 months from the date that title to the property was transferred to seller and Renovations or repairs were performed by a contractor with whom the seller entered into a contract.
Requires a seller to disclose to the buyer:

Any room additions.
Structural modifications.
Other alterations.
Repairs.
A copy of any permits if obtained.

(or if the seller contracted with a third party and was not provided with a copy of any permits, the seller may inform the buyer that the permits may be obtained through the third party and provide their contact information).
These disclosures may alternatively be disclosed as a list as given by the contractor to the seller.

Additionally, where the cost of labor and materials was $500 or greater, the seller will disclose

The name of each contractor.
The contact information of each contractor (as provided to the seller).
When does this law go into effect? This law applies to the sale of a residential 1 to 4 unit property where the seller accepts an offer from a buyer to purchase the property on or after July 1, 2024.

TDS application, exemptions and cancellation rights: This disclosure comes within the Transfer Disclosure Statement law. It applies in the same circumstances as the TDS; it has the same exemptions; and it is subject to the same cancellation rights as the TDS and TDS-related disclosures.



Assembly Bill 968 is enacted as California Civil Code § 1102.6h. Effective for all transactions where the seller accepts an offer on or after July 1, 2024.

 

[Joe.B]

Sounds great, who enforces it? What is the penalty for undisclosed work, especially without a permit? "Nope, haven't changed a thing, sign here."

 

[mark handler]

Sounds great, who enforces it? What is the penalty for undisclosed work, especially without a permit? "Nope, haven't changed a thing, sign here."

Just went into effect yesterday, July 1, 24

 

[Joe.B]

Just went into effect yesterday, July 1, 24

Yes, I see that. As with many laws, they look great on paper, but who enforces it? If the work was permitted, great, I'm sure they will happily disclose it. Unpermitted work? Work exempt from a permit? Why would they disclose it?

 

[jar546]

New Bill to fight Flippers
Assembly Bill 225 is codified as Business and Professions Code § 10084.2.
Effective date is July 1, 2024

Disclosures: Flippers must disclose recent repairs and renovations.
"new" transactions of residential 1 to 4 properties must disclose recent repairs and renovations to the property in addition to all other existing disclosures. Applies to properties that are resold within 18 months of closing.

Applies to transactions if:
Residential 1 to 4 units,
Seller accepts an offer within 18 months from the date that title to the property was transferred to seller and Renovations or repairs were performed by a contractor with whom the seller entered into a contract.
Requires a seller to disclose to the buyer:

Any room additions.
Structural modifications.
Other alterations.
Repairs.
A copy of any permits if obtained.

(or if the seller contracted with a third party and was not provided with a copy of any permits, the seller may inform the buyer that the permits may be obtained through the third party and provide their contact information).
These disclosures may alternatively be disclosed as a list as given by the contractor to the seller.

Additionally, where the cost of labor and materials was $500 or greater, the seller will disclose

The name of each contractor.
The contact information of each contractor (as provided to the seller).
When does this law go into effect? This law applies to the sale of a residential 1 to 4 unit property where the seller accepts an offer from a buyer to purchase the property on or after July 1, 2024.

TDS application, exemptions and cancellation rights: This disclosure comes within the Transfer Disclosure Statement law. It applies in the same circumstances as the TDS; it has the same exemptions; and it is subject to the same cancellation rights as the TDS and TDS-related disclosures.



Assembly Bill 968 is enacted as California Civil Code § 1102.6h. Effective for all transactions where the seller accepts an offer on or after July 1, 2024.

So this is going to be enforced by civil remedies and the real estate professionals? What about FSBOs?

 

[jar546]

Yes, I see that. As with many laws, they look great on paper, but who enforces it? If the work was permitted, great, I'm sure they will happily disclose it. Unpermitted work? Work exempt from a permit? Why would they disclose it?

LOl, we are posting the same thing at the same time.

 

[arwat23]

In other words, by doing it as you describe...by farming out all the structural to another engineer whether the design calls for it or not...you are merely up-selling unneeded services and pointlessly increasing home build costs, because it could have been done prescriptively in-house faster and for less $$ simply by better understanding how to apply the prescriptive code.

What's funny is it's actually cheaper for us to outsource the structural work and cheaper for the client. Our fees, as a firm, are VERY high due to a number of factors I don't want to get into and don't agree with. Our engineers, by contrast, have fees that are half ours. We have next to no experience with anything structural related (don't ask me why, I honestly don't know - I'm not an architect), so outsourcing has always been cheaper for the client in our situation. It's one of the few ways we can get away with charging a bit more than other firms for our services while still coming out cheaper than a competitive bid because all of the structural work is being done at half our costs. At least, that's what I've always been told.

We keep getting penny pinching clients on residential projects, so I assume this is true...

 

[mark handler]

Just like 90% of the Laws passed, no one knows who enforces them.
It will increase the PIR's, and we would only get involved if informed of illegal work.
Like most real estate transactions, the Community Development Department does not get involved.