State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 6700-6706.3

BUSINESS AND PROFESSIONS CODE
SECTION 6700-6706.3



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



6701.  "Professional engineer," within the meaning and intent of
this act, refers to a person engaged in the professional practice of
rendering service or creative work requiring education, training and
experience in engineering sciences and the application of special
knowledge of the mathematical, physical and engineering sciences in
such professional or creative work as consultation, investigation,
evaluation, planning or design of public or private utilities,
structures, machines, processes, circuits, buildings, equipment or
projects, and supervision of construction for the purpose of securing
compliance with specifications and design for any such work.



6702.  "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 any of its
phases.


6702.1.  "Electrical engineer" as used in this chapter means a
professional engineer in the branch of electrical engineering and
refers to one who practices or offers to practice electrical
engineering in any of its phases.



6702.2.  "Mechanical engineer" as used in this chapter means a
professional engineer in the branch of mechanical engineering and
refers to one who practices or offers to practice mechanical
engineering in any of its phases.



6703.  The 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 of professional
engineering work or the direct engineering control of such projects.
The phrase does not refer to the concept of financial liability.




6703.1.  "Supervision of the construction of engineering structures"
means the periodic observation of materials and completed work to
determine general compliance with plans, specifications, and design
and planning concepts. However, "supervision of the construction of
engineering structures" does not include responsibility for the
superintendence of construction processes, site conditions,
operations, equipment, personnel, or the maintenance of a safe place
to work or any safety in, on, or about the site.
   For purposes of this subdivision, "periodic observation" means
visits by an engineer, or his or her agent, to the site of a work of
improvement.



6704.  (a) In order to safeguard life, health, property, and public
welfare, no person shall practice civil, electrical, or mechanical
engineering unless appropriately licensed or specifically exempted
from licensure under this chapter, and only persons licensed under
this chapter shall be entitled to take and use the titles "consulting
engineer," "professional engineer," or "registered engineer," or any
combination of those titles or abbreviations thereof, and according
to licensure with the board the engineering branch titles specified
in Section 6732, or the authority titles specified in Sections 6736
and 6736.1, or the title "engineer-in-training."
   (b) 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 the provisions of
Section 6732.1, or by a person licensed as a photogrammetric
surveyor.


6704.1.  (a) The Department of Consumer Affairs, in conjunction with
the board, and the Joint Committee on Boards, Commissions, and
Consumer Protection shall review the engineering branch titles
specified in Section 6732 to determine whether certain title acts
should be eliminated from this chapter, retained, or converted to
practice acts similar to civil, electrical, and mechanical
engineering, and whether supplemental engineering work should be
permitted for all branches of engineering. The department shall
contract with an independent consulting firm to perform this
comprehensive analysis of title act registration.
   (b) The independent consultant shall perform, but not be limited
to, the following: (1) meet with representatives of each of the
engineering branches and other professional groups; (2) examine the
type of services and work provided by engineers in all branches of
engineering and interrelated professions within the marketplace, to
determine the interrelationship that exists between the various
branches of engineers and other interrelated professions; (3) review
and analyze educational requirements of engineers; (4) identify the
degree to which supplemental or "overlapping" work between
engineering branches and interrelated professions occurs; (5) review
alternative methods of regulation of engineers in other states and
what impact the regulations would have if adopted in California; (6)
identify the manner in which local and state agencies utilize
regulations and statutes to regulate engineering work; and (7)
recommend changes to existing laws regulating engineers after
considering how these changes may affect the health, safety, and
welfare of the public.
   (c) The board shall reimburse the department for costs associated
with this comprehensive analysis. The department shall report its
findings and recommendations to the Legislature by September 1, 2002.



6705.  A subordinate is any person who assists a registered
professional engineer in the practice of professional engineering
without assuming responsible charge of work.



6706.  (a) An engineer who voluntarily, without compensation or
expectation of compensation, provides structural inspection services
at the scene of a declared national, state, or local emergency at the
request of a public official, public safety officer, or city or
county building inspector acting in an official capacity shall not be
liable in negligence for any personal injury, wrongful death, or
property damage caused by the engineer's good faith but negligent
inspection of a structure used for human habitation or owned by a
public entity for structural integrity or nonstructural elements
affecting life and safety.
   The immunity provided by this section shall apply only for an
inspection that occurs within 30 days of the declared emergency.
   Nothing in this section shall provide immunity for gross
negligence or willful misconduct.
   (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) "Public safety officer" has the meaning given in Section 3301
of the Government Code.
   (3) "Public official" means a state or local elected officer.



6706.3.  Any reference in any law or regulation to a registered
engineer, or to a registered civil, electrical, or mechanical
engineer, is deemed to refer to a licensed engineer, or to a licensed
civil, electrical, or mechanical engineer, as the case may be.