study riff

study riff

Postby zwead » Mon Oct 21, 2013 6:47 pm

a few of the pages are available through google cache, but does anyone know how to access the entire thread?
zwead
 
Posts: 5
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Re: study riff

Postby dgnzlz » Thu Oct 31, 2013 6:15 pm

Bump

I also need this information - I've had the link bookmarked for 3 months and now I need it...

All your help appreciated.
dgnzlz
 
Posts: 5
Joined: Fri Oct 18, 2013 6:01 pm

Re: study riff

Postby zzillion » Fri Nov 01, 2013 8:36 pm

Pdf copy and paste.

Study Riff http://www.areforum.org/forums/printthr ... 7342&pp=40
Study Riff
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zzillion
02-18-2012, 01:41 PM
Study Riff
This thread intends to crowdsource a complete CSE study guide.
Hey all-
I thought it would be helpful to dump and review as much info as possible. Please join in and post notes, links, etc. I found this forum extremely helpful in passing all the AREs on the first try without having to purchase too much in terms of study guides. I would like to make the CSE focused forum a little more useful in that respect too. But I can't do it by myself. (remember not to post copyrighted material, thanks)
First off: AIA Docs for the CSE: AIA A201: http://www.aia.org/aiaucmp/groups/ai...aias076835.pdf AIA B102: http://www.aia.org/aiaucmp/groups/aia/d ... 076826.pdf AIA B201: http://www.aia.org/aiaucmp/groups/ai...aias076827.pdf
MARHI1983
02-18-2012, 02:38 PM
I tried to post those before, but can't figure out the links: 1. http://www.dgs.ca.gov/dsa/Programs/p...inability.aspx - the last link to a PDF of a nice Green Guidelines checklist. If you can copy this link here or upload the PDF to the Forum FTP site, that would be great. 2. http://osfm.fire.ca.gov/codedevelopm...protection.php - same story. There are a bunch of links for WUI, but I can't copy exact links. Hope it helps
zzillion
02-18-2012, 09:53 PM
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Aia a201
AIA A201 – General Conditions of the Contract for Construction Part 1
AIA A201 – General Conditions of the Contract for Construction Owner- Contractor agreement – Design-Bid-Build project delivery method connects with family of AIA docs to cover whole project process Lays out the role of Owner, Contractor, Architect, and Subcontractors.
Lays out how changes in work (modification to contract documents) are dealt with, scheduling, insurance requirements, correction of work, the termination of contract, and how disputes are settled
Contract Documents are: -Agreement and Conditions of Contractor -Drawings -Specifications -Addenda (changes issued during bidding, but before bids are received) -Modifications (Change Orders, construction change directives, minor changes in work)
(*NOTE contract docs do not include bidding forms or instructions)
The Work Construction and services req'd by Contract Documents – all labor, materials, equipment, and services
The Project Project is the total construction which may include construction by the owner or other separate contractors
Instruments of Service including but not limited to studies, surveys, models, sketches, drawings, specs (this sets up the typical agreement that the architect maintains ownership over the design and that the design is intended for the project covered by the contract only).
Initial Decision Maker Usually the architect but can be designated as someone else. Provides first decision on claims or disagreements between owner and contractor.
ARTICLE 2: OWNER Owner to designate in writing anyone with the authority to act as the owner and make decisions for him/her
Mechanic Lien requirements – owner has 15 days after receipt of written request to provide contractor with necessary information for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights (usually site info and owner's interest in it)
Prior to start of work owner must provide evidence of ability to finance the project to the contractor if he/she requests it. After commencement of work contractor may only request it if the owner fails to make a payment, the contract sum is substantially adjusted, or there is a reasonable concern.
Owner pays for everything not outlined in contract docs. This includes necessary approvals,
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surveys, easements, assessments and charges required for construction, use of permanent structures or permanent changes to existing facilities. This does not include the permits and fees that are typically required for construction (those are provided by the contractor).
Owner provides surveys and contractor can rely upon those (i.e. owner is liable for mistakes in those)
Owner can stop the work if contractor doesn't correct work or repeatedly fails to carry out work as described in drawings or specifications.
Owner can give 10 day notice if contractor fails to carry out work as described in drawings and specs, and then fix it themselves. In this case, a change order is issued and deducted from contract sum.
ARTICLE 3: CONTRACTOR must be licensed, must perform work according to contract documents (even if non-conforming work is not specifically rejected, or if they receive payment for it. i.e. the owner can come back later and ask for it to be fixed)
must review and be familiar with field conditions, report unforeseen difficulties with the site, errors and omissions or deviance in the documents from codes or laws promptly. They are not liable for fixing the errors, nor are they expected to review the architects documents for these items – just report mistakes if they see them.
Contractor is responsible for the: -construction means -construction methods -techniques, sequences, procedures -coordinating all portions of work -job safety
If contract docs describe specific means/methods, contractor is to review. If he has objections he should not proceed. If owner requires those means or methods, owner is liable for any loss or damage.
Contractor responsible for inspection of finished work to be sure it can receive subsequent work
LABOR AND MATERIALS Contractor provides and pays for labor, materials, equipment, tools, construction equipment, machinery, water, heat, utilities, transportation, and other facilities and services to get the job done. AND TAXES that are known at time of agreement.
No substitutions (unless for a minor change of work) without consent of architect, then owner. Change order or construction change directive must be issued.
Material is new and of good quality (unless specified otherwise in contract docs). Section 3.5 is a WARRANTY that the work is good and conforms to contract docs.
PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS Contractor gets and pays for building permit and typical permits, fees, licenses, and inspections. Royalties and License fees are also paid for by contractor. (OWNER deals with Zoning, EIR, atypical costs)
Contractor schedules required inspections
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Contractor must not build things known to him to violate laws, codes, etc. if so, he will be liable to fix it. (The architect is responsible to design the project to comply with applicable laws)
Contractor has max 21 days to notify architect and owner of unforeseen site conditions, before disturbing them. Architect recommends a fair adjustment to Contract Sum or Contract Time if warranted.
Human remains, archaeological sites, or unforeseen wetlands on site? Contractor does not disturb them and notifies Owner and Architect. Owner then needs to get governmental approval before work can resume.
ALLOWANCES Contractor includes in the Contract Sum all allowances in the contract documents – owner has the right to choose who provides them (but does not have to choose).
Allowances must cover cost of materials and equipment (minus trade discounts) Cost for overhead - unloading and handling, labor, installation, overhead, profit, and other expenses related to allowance item are NOT included in Allowance amount, but are included in Contract Sum. Contract Sum adjusted whenever cost is greater or less than allowances by Change Order.
SUPERINTENDENT Contractor must employ a superintendent that the architect or owner has no reasonable objection to. (Architect has 14 days to send a written objection on behalf of the owner or architect).
SCHEDULES After being awarded the Contract, the Contractor must promptly provide a Construction Schedule (in accordance with contract time) and a Submittal Schedule (to be approved by architect).
Contractor must keep a copy of up to date docs and samples at site. It should include all field changes and modifications to date.
Shop Drawings, Product Data, Samples, and similar submittals are NOT necessarily Contract Documents. The architect might be sent this information, but he/she is not required to review them unless they are required by the Contract Documents.
For those submittals (shop drawings, etc) specifically required by the contract documents, the contractor must approve them first before sending them to the architect for approval in keeping with the submittal schedule.
Contractor is responsible for cutting or patching work, but in the case of another contractor's work, he must obtain written consent of the owner and separate contractor to do so.
The site should be clean and orderly. Contractor removes all equipment and excess material from site at completion of work. If he doesn't the owner can do so and charge the contractor for reimbursement.
zzillion
02-18-2012, 09:54 PM
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AIA A201 – General Conditions of the Contract for Construction Part 2
ARTICLE 4: ARCHITECT Must be licensed.
If the Owner fires the architect, he/she must hire a new architect that the contractor does not object to.
The Architect administers the Contract until issuing the Final Certificate For Payment.
Architect visits site as appropriate to stage of construction. Site visits are for GENERAL verification of the work's adherence to contract documents.
Architect must inform Owner of known deviations from docs or schedule, and defects or deficiencies.
Owner and Contractor communicate through Architect. Architect's consultants through Architect, the contractor's subs through the contractor.
Architect manages Certificates of Payment. The Architect can reject work or require inspection of it, but only the owner can Stop work.
The Architect reviews submittals for conformance with design concept, but dimensions, quantities, means, and methods are the Contractor's responsibility.
The Architect prepares Change Orders, Construction Change Directives, and Minor Changes in Work
Architect determines date of Substantial Completion and Date of Final Completion. Issues Certificate of Substation Completion – receives and forwards to Owner: warranties and related docs from Contractor. Then issues Final Certificate of Payment.
The Architect is in charge of interpreting the documents with respect to performance and decisions about aesthetics are final.
ARTICLE 5: SUBCONTRACTORS Contractor furnishes names of subs to Owner through Architect, who may reply within 14 days with any objections.
Subcontractors have the same relationship towards Contractor as Contractor to Owner
If the Contractor is fired, the owner can assume the contracts with the subcontractors. If a performance or payment bond is required, then they can only be assigned after consultation with the contractor's surety. Owner is responsible for paying subs (even for pay due before contract termination with contractor and even if the owner gets a new contractor)
OWNER AS CONTRACTOR owner can perform work or award separate contracts.
Owner coordinates between different contractors
Contractors must notify Architect if another's work is not ready or sufficient to receive their work.
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If it is in dispute who is responsible for a mess, the owner have it remedied and the Architect doles out the responsibility for the cost.
ARTICLE 7: CHANGES IN THE WORK
Change Order
Owner, contractor, and architect agree on change. Documents change in work, change in contract sum, and change in contract time.
Construction Change Directive
Owner and Architect agree on change. (and may or may not be agreed to by the contractor). This then must be performed by the Contractor. Contractor informs Architect of agreement or disagreement with terms (changes to sum, time). Change in sum and time must have supporting evidence of being a reasonable amount. All or part can turn into a Change Order with agreement by Contractor.
Order for Minor Change in work
Issued by Architect alone. Contractor must agree that there is no change in sum or time. ARTICLE 8: TIME
Contract Time is time until Substantial Completion Contract Time is extended if delay is the fault of Owner, Architect, unusual delay beyond
Contractor's control, or fire.
ARTICLE 9: PAYMENTS AND COMPLETION Contract Sum is total amount payable to Contractor by Owner.
When Contract is based on a stipulated sum or GMP, contractor submits Schedule of Values (which enumerates the entire contract sum and divides it up among portions of the project). Serves as basis for reviewing Applications for Payment.
APPLICATION FOR PAYMENT At least 10 days before payment is due, Contractor submits itemized Application for Payment. If required, it includes proof of payment to subs and suppliers (i.e. free of liens).
Payment for materials stored on site only unless otherwise agreed upon. (Because otherwise it's not clear who owns the material and extra insurance and storage fees, etc will apply)
Within 7 days upon receipt of Application for Payment, Architect will issue Certificate of Payment to Owner, or notify both Owner and Contractor why certificate is being withheld. A Certificate means the Architect agrees that work has generally progressed to the level claimed by Contractor. Withholding it means that it hasn't progressed or new discoveries of inadequate work previously paid for have been found.
With a certificate of payment, the owner then has the remaining days (sometimes as little as 3 days) to make the payment.
The Contractor has 7 days from receipt of payment to pay subs. Owner has right to request proof of payment to subs.
FAILURE OF PAYMENT if the Architect does not issue a certificate of payment within 7 days or the Owner does not pay within 7 days of the due date, the contractor informs the Architect and Owner of a notice to stop work, and can stop work after an additional 7 days (14 days after payment is
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due). If this happens, Contract Time and Sum will be adjusted fairly.
SUBSTANTIAL COMPLETION When work is sufficiently complete that the Owner can occupy/utilize the Work.
Contractor supplies architect with punch list of remaining items to correct/complete. Architect adds anything they notice upon inspection. After fixing these items, they submit another request for inspection. Architect then, having found everything substantially complete issues the Certificate of Substantial Completion to contractor and owner.
Substantial Completion establishes the transfer of responsibility from Contractor to Owner for security, maintenance, heat, utilities, damage to work, and insurance. It also fixes the time in which the contractor can finish items on the punch list.
Upon acceptance by any surety, any retainage is released.
PARTIAL OCCUPANCY If part of project is substantially complete and the surety and building officials allow it, the owner can occupy that part. Contractor and owner must agree who is responsible for what portion of obligations for security, maintenance, heat, utilities, damage to work, and insurance.
FINAL COMPLETION AND PAYMENT Contractor notifies in writing that project is ready for final inspection and submits a final Application for Payment. Architect does final inspection and if it is found to be finished and in accordance with contract documents, issues the final certificate for payment. Final payment is not due until Contractor submits to Architect: -affidavit that all payrolls, bills for material and equipment are paid, -a certificate that insurance required for project is still in force and will be unless written notice is provided the owner 30 days in advance. -a written statement that Contractor knows of no reason the insurance is not renewable to cover period stipulated in contract docs -consent of surety to final payment -any other data required – such a waivers of liens. If sub refuses to provide a this waiver, the contractor may furnish a bond to cover that liability.
By making final payment, Owner waive claims except -designated claims -failure of work to comply with contract docs -terms of special warranties in contract docs
late payments subject to interest from due date.
zzillion
02-18-2012, 09:55 PM
AIA A201 – General Conditions of the Contract for Construction Part 3
ARTICLE 10: SAFETY Contractor responsible for safety, comply with laws.
Contractor is strictly liable for work requiring use of hazardous materials (must exercise utmost care) that he/she brings to site. If contractor not negligent and a government agency requires remediation of material expressly required to perform work but that
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contractor brought to site, Owner is liable for cost of remediation.
If haz mat is discovered on site, Contractor immediately notifies Architect and Owner and stops work in affected area. Owner then obtains licensed lab to verify presence of material and render it harmless. Change order extends contract time and sum. Owner is responsible for any loss if the material has not been rendered harmless.
ARTICLE 11: INSURANCE AND BONDS Contractor must maintain: -employee insurance (like worker's comp) -liability insurance
-personal injury liability insurance
certificates of required insurance must be filed with owner before work starts. Architect and Owner are named as additional insured. Insurance should cover whole time of construction and then beyond for insurance that covers completed operations.
Owner must maintain (and provide copies of the policies to the Contractor) of: -liability insurance -all-risk property insurance -boiler and machinery insurance
property insurance covers Work that is off-site and in transit. Insurance companies must consent to occupancy or partial occupancy.
PERFORMANCE AND PAYMENT BONDS requirement listed in bidding docs. Performance Bond guarantees that work will be performed in accordance to Contract Docs and a Payment Bond guarantees that the contractor will pay subs and material suppliers.
ARTICLE 12: UNCOVERING AND CORRECTION OF WORK If Contractor covers work that Architect specifically had requested to see or that is required by Contract Documents, contractor must pay for the uncovering and the recovering of work.
If contractor covers work before Architect requests to see it, contractor must uncover work. If it complies with contract docs, the Owner is liable for the cost of uncovering it. If it is found defective, however, Contractor must fix work and recover it at own expense. Similar logic applies to additional testing or inspections ordered and approved by owner (that go beyond the typical tests and inspections required).
Contractor must promptly correct work rejected by architect or not conforming with contract docs before or after substantial completion.
Within 1 year of Substantial Completion (or one year after work is completed if completed after Substantial Completion) if work is found to be deficient with respect to the contract documents, the Contractor must promptly fix it.
If owner accepts non-conforming work, contract sum is to be adjusted as is fair.
ARTICLE 13: MISCELLANEOUS There is a 10 year from date of Substantial Completion window in which claims may be filed.
ARTICLE 14: TERMINATION
Contractor may terminate contract:
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If work is stopped for 30 days - (because of a government order, because of non-payment, because of lack of evidence of the Owner's financial soundness, or because the Owner repeatedly delays or stops work for an aggregate of more than 100% of the contract time or 120 days within a year – whichever is less.)
Or if work is stopped for 60 days- (because of Owner's failure to uphold his/her side of the contract)
Contractor gives 7 days notice to Architect and Owner before terminating the contract.
Owner may terminate contract:
If contractor repeatedly breaches provisions of contract and with certification by IDM of that cause, and 7 days notice, Owner may terminate employment of Contractor and seize materials, site, tools, equipment, and assume subcontractors contracts, and finish work. Owner provides detailed accounting to Contractor and if cost is greater than remaining Contract Sum (as certified by IDM), Contractor must pay difference.
For convenience. If suspension, Contract Time and Sum are to be adjusted. If termination, Contractor ceases work and is due payment for work executed and costs incurred by termination.
ARTICLE 15: CLAIMS AND DISPUTES Claims must be submitted in writing within 21 days of occurrence or observation to other party and IDM and Architect. All obligations continue to progress (contractor continues to build, owner continues to pay).
For additional cost, request must be made before commencing work.
All claims referred to IDM, who must issue a response within 10 days that: 1) requests additional information for judgment 2) rejects the claim 3) approves the claim
4) suggests a compromise 5) says the IDM does not have enough information to make a judgment or it is inappropriate to do so
If either party does not like the initial decision they must request mediation in writing within 30 days. The other party has 60 days to file for mediation or they waive their right to mediation and will proceed to binding dispute resolution.
Liens follow timeline as laid out by California Law
zzillion
02-19-2012, 11:29 AM
Thanks Marhi-
These look really helpful! Since this thread is trying to crowdsource a free online guide to the cse for everyone's benefit, can you summarize the key points of these links?
Are these the ones you're trying to post directly to? Green Check List
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http://www.documents.dgs.ca.gov/dsa/...4_CalGreen.pdf
Wildland Urban Interface (Fire Safety Links)
http://frap.fire.ca.gov/projects/wui/index.asp
zzillion
02-19-2012, 02:06 PM
Mechanic Liens and Design Professional Liens
MECHANIC LIENS
Mechanic Liens (can NOT be filed on public projects) – it is a lien on the property – meaning that funds will come from the sale of the property.
FTP: http://www.areforum.org/up/orals_ca/Mec ... 20laws.pdf Available for all craftsmen and suppliers involved in the project as long as they have a direct
contractual relationship with an agent of the Owner – i.e. with the Contractor, Architect, etc.
Stop Notice (CAN be filed on public projects) – it is a lien on construction funds.
Procedure
determine: -legal description of property -owner and owner's stake in property -your connection to the project (agent of owner or contracted with agent of owner) -construction lender
SUBCONTRACTORS/SUPPLIERS - WITHIN 20 DAYS OF STARTING WORK serve a Preliminary 20-day Notice to the owner, contractor, and construction lender.
File it with county recorder so that they will notify you of when a Notice of Completion or the Notice of Cessation is recorded.
AFTER WORK IS CEASED OR COMPLETED
-don't do any more work
WITH NOTICE OF CESSATION OR COMPLETION
| within 30 DAYS: record a Claim of Lien at county recorder and serve Stop Notices on owner/construction lender (whoever has funds) | within 90 DAYS of recording Claim of Lien: File a Lien Foreclosure Action and record a Lis Pendens and File suit on Stop Notice -OR- give owner an extension, but you must foreclose within 1 YEAR | You must go to trial within 2 YEARS
WITHOUT NOTICES, BUT IF OWNER ACCEPTS/USES THE WORK
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| within 90 DAYS: record Claim of Lien and serve Stop Notice | within 90 DAYS of Claim of Lien: File a Lien Foreclosure Action and Lis Pendens and file suit on Stop Notice -OR- give owner an extension, but you must foreclose within 1 YEAR | You must go to trial within 2 YEARS
PRIME CONTRACTORS: (N.B. that no 20 day notice is required - thanks MARHI!)
WITH NOTICE OF CESSATION OR COMPLETION (can be filed by Contractor with owner signature within 10 days of completion) | stop work | within 60 DAYS: record Claim of Lien | within 90 DAYS of Claim of Lien: File Foreclosure Action and record Lis Pendens -OR- give owner an extension, but you must foreclose within 1 YEAR | You must go to trial within 2 YEARS
WITHOUT NOTICES, BUT IF OWNER ACCEPTS/USES THE WORK
| stop work | within 90 DAYS: record Claim of Lien | within 90 DAYS of Claim of Lien: File Foreclosure Action and record Lis Pendens -OR- give owner an extension, but you must foreclose within 1 YEAR | You must go to trial within 2 YEARS
Design Professional Lien
Note that Design Professional Liens are not applicable to a project that is a single family home where the construction costs are less than $100,000. Permits must have been approved. (Thanks Marhi) Within 90 DAYS of having reason to believe that project won't get built, Architect files Claim of Lien, but must give notice to Owner 10 day before Claim of Lien is filed.
Within 90 DAYS of Claim of Lien, file Lien Foreclosure Action.
Design Professional Lien expires if construction starts. Then Architect must record a mechanic's lien instead to maintain rights.
zzillion
02-19-2012, 02:58 PM
Building Construction Types
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BUILDING CONSTRUCTION TYPES
https://dps.mn.gov/divisions/sfm/pro...efinitions.pdf
Construction Types - Definitions TYPE I-A--Fire Resistive Non-combustible (Commonly found in high-rise buildings and Group I occupancies).
3 Hr. Exterior Walls* 3 Hr. Structural Frame 2 Hr. Floor/Ceiling Assembly 1 1⁄2 Hr. Roof Protection
TYPE I-B--Fire Resistive Non-Combustible (Commonly found in mid-rise office & Group R buildings).
2 Hr. Exterior Walls* 2 Hr. Structural Frame 2 Hr. Ceiling/Floor Separation 1 Hr.
Ceiling/Roof Assembly TYPE II-A--Protected Non-Combustible (Commonly found in newer school buildings).
1 Hr. Exterior Walls 1 Hr. Structural Frame 1 Hr. Floor/Ceiling/Roof Protection TYPE II-B (also II-N)--Unprotected Non-Combustible (Most common type of non-combustible construction used in commercial buildings). Building constructed of non-combustible materials but these materials have no fire resistance.
TYPE III-A--Protected Combustible (Also known as "ordinary" construction with brick or block walls and a wooden roof or floor assembly which is 1 hour fire protected).
2 Hr. Exterior Walls*
1 Hr. Structural Frame 1 Hr. Floor/Ceiling/Roof Protection TYPE III-B--Unprotected Combustible (Also known as "ordinary" construction; has brick or block walls with a wooden roof or floor assembly which is not protected against fire. These buildings are frequently found in "warehouse" districts of older cities.)
2 Hr. Exterior Walls* No fire resistance for structural frame, floors, ceilings, or roofs. TYPE IV--Heavy Timber (also known as "mill" construction; to qualify all wooden members must have a minimum nominal dimension of 8 inches.)
2 Hr. Exterior Walls* 1 Hr. Structural Frame or Heavy Timber Heavy Timber
Floor/Ceiling/Roof Assemblies TYPE V-A--Protected Wood Frame (Commonly used in the construction of newer apartment buildings; there is no exposed wood visible.)
1 Hr. Exterior Walls 1 Hr. Structural Frame 1 Hr. Floor/Ceiling/Roof TYPE V-B--Unprotected Wood Frame (Examples of Type V-N construction are single family homes and garages. They often have exposed wood so there is no fire resistance.)
• Note exceptions in the building code for fire resistance ratings of exterior walls and opening protection.
zzillion
02-19-2012, 03:45 PM
Essential Services Buildings Seismic Safety Act
Essential Services Buildings Seismic Safety Act of 1986
http://www.leginfo.ca.gov/cgi-bin/di...le=16000-16001 http://www.leginfo.ca.gov/cgi-bin/di...le=16002-16008 http://www.leginfo.ca.gov/cgi-bin/di...le=16009-16016 http://www.leginfo.ca.gov/cgi-bin/di...le=16017-16022 http://www.leginfo.ca.gov/cgi-bin/di...000&file=16023
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Enforcement Agency -For State-owned buildings: Office of State Architect -city building department or official
Regulated Buildings - buildings that need to operate in the event of a disaster -Fire Station -Police Station -Emergency Operations Center
-California Highway Patrol Office -Sheriff's Office -Emergency Communications Dispatch Center
Must resist -Earthquake -Gravity -Fire -Winds.
There are structural parameters and also parameters for non-structural, but essential, equipment.
Non-structural items that are regulated in Essential Services buildings: -communications systems -main transformers and switching equipment -emergency backup systems
The building must be able to operate after a disaster.
One story Type V (wood frame) and Type IIN (non-combustible materials but unprotected structure) of 2000 sf or less are EXEMPT
Submit all drawings, specs, design calcs, to enforcement agency. Local buildings must comply with Title 24 Part 1 and Part 2 (California Building Code) except Chapters 23-30, and 47. For State-owned buildings, all chapters must be complied with.
When renovating a pre-1986 building there should be a new site assessment (type V and type II N up to 4000 SF exempt)
requires inspection by a certified inspector during construction. And work can be stopped by Department of General Services. The Architect submits reports to the enforcement agency on construction verifying that materials and work complies with approved docs. Additionally the contractor and inspector must make similar reports, but with “personal knowledge” of the work being performed.
Office of State Architect administers the ESBSSA and communicates with Seismic Safety Commission and State Fire Marshal
zzillion
02-19-2012, 03:50 PM
Project Delivery Methods
Project Delivery Methods:
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zzillion
02-19-2012, 03:53 PM
Title 24 Guide Very helpful guide on Title 24.
http://www.documents.dgs.ca.gov/bsc/...iningGuide.pdf
Check out pg 53-54 for a building occupancy type/building code enforcement agency chart!
Design Bid Build
-standard: linear process where architect is hired, designs the project, it's put out for bid, a contractor is hired and the project built -negotiated team: same as above, except the contractor is hired earlier in the project design phase (around the beginning of DD), they assist with constructability issues
-cost plus fee: same as standard, but the payment isn't all rolled into one. The contractor is paid for the actual costs (labor, material, etc) and then an added fee. The fee doesn't change, but the cost of construction may.
Design Build
- one contract with architect/contractor entity
Construction Management
-CM advisor: advises on constructability of project but does not build project -CM agent: advises on constructability of project and organizes trades for a fixed fee. Not responsible for cost of construction (client is), but does pass on savings if they are there. -CM constructor: acts as advisor but then becomes contractor
zzillion
02-19-2012, 03:56 PM
Occupancy Types
Update: Marhi pointed out a few missing occupancies. They have been added below. For some reason Title 24 is down, so I searched for some other supporting links with more detail. Check back for the update straight from the source.
http://en.wikipedia.org/wiki/Buildin...lassifications http://www.oaklandnet.com/fire/fpb/f..._occupancy.asp http://www.everglow.us/pdf/2007-ca-buil ... 1011.7.pdf
Group A - Assembly Group B - Business Group E - Education Group F- Fabrication
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Group H - Hazardous Materials (storage, use) Group I - Institutional Group L - Labs Group M - Merchandise
Group R - Residential Group S - Storage Group U - MiscellaneoUs :)
zzillion
02-19-2012, 06:25 PM
AIA B102: Owner Architect Agreement
B102 is the agreement between the Owner and Architect and leaves out what services the architect will provide. It is meant to be paired with other AIA documents, with the most typical of services being described by B201. B101 covers the two documents in one contract, but is a less 'a la carte' form of contract.
AIA B102 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services. http://www.aia.org/aiaucmp/groups/ai...aias076826.pdf
ARTICLE 1: ARCHITECT'S RESPONSIBILITIES
Owner and architect agree upon a list of professional services. Different AIA docs cover different types of services, so scope of services not included in this document, but are added on.
STANDARD OF CARE: Architect performs with “professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances”.
Architect elects a representative who can make binding decisions on behalf of architect.
Architect agrees not to have a conflict of interest that would impact their professional judgment with respect to project.
Architect maintains:
1. General Liability insurance 2. Automobile Liability insurance 3. Worker's Compensation 4. Professional Liability
ARTICLE 2: OWNER'S RESPONSIBILITIES
Owner provides program that delineates: -objectives -schedule -constraints and criteria
-space requirements and relationships -flexibility -expandability -special equipment
-systems
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-site requirements
owner has 15 days from request to provide architect with Lien information
owner identifies a rep.
Owner will coordinate other consultants of theirs with Architect's services. All consultants shall carry appropriate liability insurance.
Owner provides all legal, insurance, and accounting services needed by Owner.
ARTICLE 3: COPYRIGHTS AND LICENSES
Instruments of Service. Architects and consultants own the copyright of their respective works
Owner is granted non-exclusive license of Instruments of Service for the sole purpose of completing the Project.
Upon termination of agreement, Owner releases Architect from all claims arising from use of Instruments of Service
ARTICLE 4: CLAIMS
All claims resolved by binding dispute resolution selected in contract (usually mediation then arbitration). Claims are allowed up until 10 years from the date of Substantial Completion.
All disputes must go to mediation first
ARTICLE 5: TERMINATION OR SUSPENSION
If owner fails to make payments as agreed in the contract, the Architect may terminate or suspend services. Architect must give 7 days notice before suspending services and is due all outstanding funds for services already rendered and expenses caused by suspension before resuming work.
If owner suspends project Architect is due any outstanding funds and expenses from suspension.
If owner suspends project for more than 90 DAYS Architect may terminate with 7 days notice.
Either party may terminate contract based on other party's default with 7 days notice.
Owner may terminate for convenience with 7 days notice. For no-fault termination, Architect is due any outstanding funds, reimbursable expenses, and termination expenses (expenses of termination plus anticipated profit on remaining services).
ARTICLE 6: COMPENSATION
Attach an exhibit for amount or basis of compensation
Reimbursables are in addition to contract sum -transportation -travel if authorized -long distance telephone service
-dedicated data/communication services -teleconferences -project websites -extranets
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-fees paid for approvals -printing/plots -postage s/h -overtime if authorized -authorized renderings, models, mockups, photography, presentation materials -consultant's dedicated professional liability insurance or insurance in addition to typical carried by architect as requested by Owner
-taxes on professional services and reimbursables -site office expenses
plus designated percentage (e.g. reimburables +15%)
LICENSING FEE If agreement is terminated (through owner's convenience or rightful termination by Architect), owner shall pay a licensing fee to continue using Instruments of Service.
zzillion
02-19-2012, 07:15 PM
AIA B201 Architect's Services Summary
B102 is the agreement between the Owner and Architect and leaves out what services the architect will provide. It is meant to be paired with other AIA documents, with the most typical of services being described by B201.
AIA B201 Standard Form of Architect's Services: Design and Construction Contract Administration http://www.aia.org/aiaucmp/groups/ai...aias076840.pdf
ARTICLE 2: SCOPE OF BASIC SERVICES
Includes usual and customary structural, mechanical, and electrical engineering services.
In addition, architect communicates with owner, attends project meetings, communicates with project team, and reports progress to owner.
Architect coordinates with other consultants hired by Owner.
Once contract is signed, Architect provides schedule of services to Owner including Commencement of Construction and Substantial Completion. Includes time for Owner's review, owner's consultants, and regulatory approvals. With owner's approval, architect adjusts schedule if necessary.
Architect is not responsible for an owner's substitution or directive made without architect's approval.
Architect consults with building dept over Construction Documents and with Utility companies.
Architect ASSISTS Owner with filing docs required for approval by gov't authorities. SCHEMATIC DESIGN PHASE SERVICES
Architect reviews program (provided by Owner) and reviews laws, codes, and regulations.
Prepares a preliminary evaluation of: -program
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-schedule -budget for the Cost of Work -project site -project delivery method
and notifies Owner of any inconsistencies noted, and of any additional consulting services needed for the Project.
Must discuss with owner the feasibility of including green design approaches.
Based on approval of a preliminary design, the Architect will prepare Schematic Design Documents -drawings -site plan
-preliminary building plans, sections, and elevations -may include study models, renderings, or digital models. -list of preliminary selection of building systems and materials.
Green Design requirements -consider material choices -consider building orientation More detailed investigation of green design would be an additional service.
Design to be developed consistent with budget. Architect submits an estimate of Cost of Work
DESIGN DEVELOPMENT
based on submission and approval of SD, Architect moves into DD -drawings -plans -sections
-elevations -typical construction details -diagrammatic layouts of building systems – architectural, structural, mechanical, and electrical -specifications that identify major materials and systems and generally quantifies them.
Update Cost of Work
CONSTRUCTION DOCUMENTS
based on submission and approval of DD, Architect moves into CDs detailed version of everything in SD, but Contractor to provide for Architect's review: -Shop Drawings -Product Data -Samples -Submittals
all applicable codes and regulations must be taken into account Architect ASSISTS Owner in preparation of:
1. bidding forms and conditions 2. agreement between Owner and Contractor (A101) 3. General Conditions (A201)
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Architect compiles Project Manual (includes conditions for contract and specs)
Update Cost of Work
BIDDING SERVICES upon submission and approval by Owner of CDs, architect ASSISTS Owner to: -compile list of contractors -obtain competitive bids or negotiated proposals -evaluate responses -choose a bid -award and prepare contract for construction
COMPETITIVE BIDDING
Architect: -makes copies of bidding documents for each bidder -distributes them, and maintains a log of transmittals -conducts a pre-bid conference -responds to questions and prepares addenda (which clarify or change the documents) and are then sent to all bidders -opens bids, documents and distributes bid results as directed by Owner.
Accepted Substitutions are issued as addenda to all bidders.
NEGOTIATED PROPOSALS
same as above, except instead of bids, interviews and negotiations take place.
CONSTRUCTION PHASE SERVICES
Architect provides Contract Administration
Architect NOT responsible for Construction: -means -methods -techniques
-sequences and procedures -safety
Construction Phase services start with awarding of the Contract and end with the issuing of the Final Certificate of Payment
DUTIES of Architect: -makes site visits at appropriate intervals and becomes generally familiar with the work -reports construction progress to Owner -can reject work not in conformance with Contract Docs -Interprets documents at the request of the Contractor -has final say over aesthetics. -serves as the Initial Decision Maker between Owner and Contractor. -Reviews and certifies Applications for Payment from Contractor (indicating that work is generally believed to be in conformance with docs and progressing as scheduled) -maintain a record of payments
SUBMITTALS
Architect: -reviews and approves submittal schedule provided by contractor -reviews submittals: shop drawings, product data and samples for conformance with design intent (not responsible for dims or quantities, etc)
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-specifies performance and design criteria for systems that need professional design services or certifications -review and respond to RFIs -maintains a record of submittals
CHANGES IN THE WORK
Architect can amend work in three ways: -a minor change in work (does not adjust Contract Time or Sum) -a Change Order (adjusts Contract Time and/or Sum and is agreed to by Owner, Architect, and Contractor) -a Construction Change Directive (adjusts Contract Time and/or Sum and is agreed to by Owner and Architect) Contractor must perform Construction Change Directive and notify Architect of agreement or disagreement with the terms.
PROJECT COMPLETION
see review of project completion procedure under AIA A201
FACILITY OPERATION SERVICES
Architect, within one year of Substantial Completion and at the request of the Owner, shall meet to review facility operations and performance.
ARTICLE 3: ADDITIONAL SERVICES
When the need for additional services arises, the Architect notifies the Owner and starts only once written authorization is received. -services needed because of a change in Initial Information -extensive green design – LEED etc.
-changing Instruments of Service based on new laws -services due to Owner delay in decisions -preparing digital data for owner's consultants and contractors -preparation of docs for alternate/additional bids
-public meetings/presentations -dispute resolutions or legal proceedings (unless Architect is a party) -evaluation of qualifications of bidders -consultation for replacement of work due to fire -assistance to Initial Decision Maker if other than Architect.
Additional Services related to construction. Architect commences them in order to avoid delay in construction. If the Owner feels they are not needed, a written notice must be issued. -review submittal out of order
-responding to RFI with information already available through study of Contract Documents -Change Orders and Construction Change Directives that require further evaluation and revisions to Instruments of Service -evaluating extensive number of claims as IDM
-evaluating substitutions that require revisions to Instruments of Service -providing construction services 60 days after Substantial Completion or anticipated date of Substantial Completion.
ARTICLE 4: OWNER'S RESPONSIBILITIES
Owner -establishes and updates the budget for 1) Cost of Work 2) Owner's other costs 3) contingencies -provide surveys -provide geotechnical reports -provide required test, inspections, and reports required by law or Contract Documents such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for
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hazardous materials -will communicate with Architect's consultants through Architect.
ARTICLE 5: COST OF WORK
Cost of Work includes: -Contractor's General Conditions Costs (labor, material) -Contractor's Overhead -Contractor's Profit
it does not include Architect's compensation, costs of the land, rights-of-way, financing, and contingencies
Architect's estimate for cost of work is included (based on area, volume or other estimating technique). Detailed cost estimates will be an add service
After 90 days from completion of Construction Docs, if bidding has not started, budget for Cost of Work should be adjusted for market variations.
If the Architect's estimate exceeds the budget, the Architect shall adjust size, scope, quality, or budget of the project.
If the Lowest Acceptable Bid is higher than the budget the owner can:
1. choose to accept the increase in budget in writing 2. rebid the project 3. terminate the project 4. revise the program, scope, or quality in consultation with Architect 5. implement any other mutually acceptable alternative
If number 4 above, Architect must modify docs without additional compensation.
zzillion
02-20-2012, 10:24 PM
California Accessibility
Big guide on Accessibility:
the DSA (who comes up with the accessibility codes) has compiled a big manual on accessibility here:
http://www.documents.dgs.ca.gov/dsa/...v_11-18-11.pdf
of big help are the diagrams that are bookmarked and then it lists specific rulings and interpretations.
Did you know that if you have a fire in a building that was built before the accessibility standards were enacted you can't rebuild it without incorporating the applicable accessibility into the design? Or that seismic upgrading also triggers a requirement to comply with at least some of the accessibility requirements? There are some quick one page goodies in here under the "Policies" tab.
The Five Phases of Access Compliance:
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zzillion
02-20-2012, 10:30 PM
California Planning Guide: General Plan, Zoning, Permits, CEQA
If you're finding this thread helpful, please post some links and notes of your own. Thanks! Super helpful guide to planning requirements: General Plan, Zoning, Permits, CEQA http://opr.ca.gov/docs/California_Pl...Guide_2005.pdf
zzillion
02-20-2012, 10:43 PM
Field Act AND Hospital Facilities Seismic Safety Act
The Field Act regulates the design and construction of schools for seismic safety: http://en.wikipedia.org/wiki/Field_Act http://www.excellence.dgs.ca.gov/Stu...ety/S7_7-1.htm http://www.seismic.ca.gov/pub/CSSC_2...Act_Report.pdf
One of the recommendations is the bracing of non structural items:
http://www.documents.dgs.ca.gov/dsa/pubs/SB1122.pdf
And because it deals with schools, plans and specs are submitted to the DSA.
just added the info below:
Hospital Facilities Seismic Safety Act
http://www.oshpd.ca.gov/FDD/seismic_...Regs/hssa.html
OSHPD approves drawings/ specs, observes construction architect, contractor and inspector make reports
The act sets deadlines for compliance with total compliance by January 1, 2030 (hospital must be demolished, replaced , or changed to non-acute care)
http://www.documents.dgs.ca.gov/dsa/...compliance.pdf
MARHI1983
02-21-2012, 02:30 PM
Quote:
Originally Posted by zzillion
Group A - Assembly Group B - Business
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cocoslo
02-21-2012, 04:59 PM
My advice - pay close attention to building types and what defines building type! I was completely thrown by these questions both times I took the test.
Do you mean occupancy types or construction types? Can you give an example?
zzillion
02-21-2012, 10:17 PM
Oh no! Thanks Marhi for correcting me. I found info for the occupancy types on the Oakland Fire Department website. I'm going to edit my original post to reflect this info.
It's true that Architects and Prime contractors don't need to give 20 days notice, but they can. Some say it's good practice because it notifies clients about your lien rights so they don't mess around with payments. I didn't know that about the DP lien!
I hope my notes help others, but I'm also interested in committing this stuff to memory. If anyone else wants to add summaries, notes, and links it would be very helpful!
Group E - Education Group F- Fabrication Group H - Hazardous Materials (storage, use) Group I - Healthcare (I remember this one by thinking Infirmary) Group M - Merchandise Group S - Storage Group U - MiscellaneoUs :)
Well, the list is not complete: I - is actually Institutional that includes all kinds of prisons and jails. R - is residential, that HAS IT'S OWN CODE now! Watch out for this one! L - is Labs that can not be categorized as B
My advice - pay close attention to building types and what defines building type! I was completely thrown by these questions both times I took the test. :confused:
Also watch out for Mechanics/ Des.Pro liens - you missed some salient points, like the fact that direct contractors, including Architects do not need to give 20 days notice, or that DP lien can only be activated if the project was approved / has a building permit.
I will try to summarize WUI, but the Green Checklist I refer to is already a summary of a new Green Code. I suppose my browser is old or overprotected, so that I can't extract direct links to post here.:confused:
I think you are doing a great service to the candidates, Cheers!
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zzillion
 
Posts: 2
Joined: Fri Nov 01, 2013 8:33 pm

Re: study riff

Postby zzillion » Fri Nov 01, 2013 8:36 pm

zzillion
02-24-2012, 10:22 PM
Moscone-Knox Professional Corporation Act I'm compiling my notes for the Architect's Practice Act and came across a clause where they
talk about the Architectural Corporation Here's a quick read on all types of business entities that an architect might form in order to
practice architecture
http://www.mayfield-law.com/Legal-Gu...Entities.shtml
It covers:
sole proprietorship (pass-through tax and pass-through liability) general partnership (pass-through tax and pass-through liability) limited partnership (has general and limited partners) LLP Limited Liability Partnership (must maintain errors and omissions insurance, pass-through tax, limited liability)
LLC Limited Liability Company (pass-through tax, limited liability) Corporation (double taxation unless S-Corp, separate liability) S-Corp (pass-through taxation, separate liability) Professional Corporation (directors, officers, and shareholders must be licensed (Moscone-Know Professional Corporation Act), same taxation as a corporation, limited liability except for professional negligence)
MARHI1983
02-22-2012, 03:32 PM
Quote:
Originally Posted by cocoslo Do you mean occupancy types or construction types? Can you give an example?
No, I mean construction type (fire resistance). You need a thorough understanding of what defines the type, and how limitations, as well as height and area increases work. You do not need to remember the numbers (hours, distances, etc), but just have a clear picture of how those building types are defined and how that affects your building parameters.
I think Archie Woo had a pretty good explanation back then, but I would appreciate if anyone (David? Coach? NDY? PxF?) can refer to a good guide/explanation.
zzillion
02-24-2012, 11:35 PM
Architect's Practice Act
Licensure requires basic competence in:
Investigation, evaluation, consultation, and advice
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Planning, schematic and preliminary studies, designs, working drawings, and specs Coord. of tech and special consultants Compliance w/codes and regs and assistance in the governmental review process
Tech assistance in prep of bid docs and agreements btwn client and contractor Contract admin Construction observation
CAB given mandate by legislature to regulate the practice of architecture for the public health, safety, and welfare by using licensing, regulatory, and disciplinary actions. CAB is 10 members – 5 architects, 5 public members – 4 year term (5 years without replacement appointment) 2 consecutive terms max. Gov. appoints 5 licensed members and 3 public members, Senate Rules Committee and Speaker of Assembly appoints public member each.
CAB has right to prosecute persons violating rules. They adopt rules of professional conduct that all licensees are subject to. Professional standard of care – determines extent and amount of responsibility and control over architectural instruments.
Misdemeanor to claim you are an architect or architectural designer if you’re not. Or registered. You must sign drawings that are prepared for someone with a license (unless you are an employee of that person) Counties and cities that require a permit for a structure requires a signature/stamp from a licensed individual.
Written Contract
· Use a written contract unless expressly written that architect may begin work before contract is in place. · It should include: scope, description of compensation, contact info, procedure for additional services, procedure for termination of contract
· Contract NOT needed when work is free, arrangement is substantially the same as a previous services to the same client · If the client states in writing that they don’t need a contract · Professional services to an engineer or land surveyor
Liability
· No liability if plans, specs, reports are used without express consent for something other than their original intent · No legal duty to observe construction, UNLESS that is included in the contract · “Construction observation services” means periodic observation of completed work – NOT superintendant of construction Warranties/Guarantees · Using the words certify or certification are considered an expression of professional opinion and do not constitute a guarantee or warranty · No liability for inspections done in good faith of structures after an earthquake, flood, riot, or fire – unless as a result of gross negligence or willful misconduct
Natural disasters
· Architect to issue plans for a reasonable fee to insurance companies to survey damage to single family homes. · No liability if they are used without prior consent. · State of emergency – pretending to be an architect is punishable with heftier fines and longer imprisonment (up to $10,000 and 3 years in prison).
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Building Exemptions
· single family home (wood frame) · up to 4 dwelling units no more than 2 stories +basement (wood frame) on one
lot · garages · agricultural/ ranch buildings · All of these must substantially comply with conventional framing requirements for woodframe construction
Exemptions
Structural engineers and professional engineers are exempt. Contractors are not allowed to assume the above allows them to provide design services. None may call themselves architects unless they are licensed.
No license needed to build
Nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, equipment And nonstructural, nonseismic work for their installation Any nonstructural, nonseismic alterations to existing building to provide for the installation of above
DISCIPLINARY ACTION
Violations for which CAB extends disciplinary action. (Would be good to review, but below are a few of note):
Signing Other’s Plans or Instruments (without preparing them or having them under responsible control) Disciplinary action by a public agency that is related to the qualification, functions, duties of an architect can also be disciplined by CAB. (meaning, for example, if you commit fraud outside of the practice of architecture you might also be disciplined by CAB)
Reporting a Settlement
Within thirty days of a judgment, settlement, or arbitration award of more than $5,000 against the licensee, it must be reported to CAB If not reported CAB can issue a civil penalty from $100-$1000 in lieu of revoking license
If INTENTIONALLY not reported CAB can issue a civil penalty up to $20,000 in lieu of revoking license
Licensee must send a report of any judgment found against them in the amount of $5,000 or more. Even if the judgment includes a confidentiality agreement (report is, by law, not considered a violation of the confidentiality agreement)
Insurer requirement
within 30 days of payment of above judgments against a licensee, any professional liability insurer shall report (or any gov't agency self-insuring the licensee)
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name of licensee claim number amount of judgment amount paid by insurer identity of payee
Malpractice Judgment: Clerk's Report
in case of civil or criminal case found against licensee for any death, injury, property loss, or other loss cause by licensee in practice shall be reported by court clerk (unless judge deems it not pertinent to professional competence)
License Renewal
apply with a form and certify that you had no criminal convictions or disciplinary actions by a public agency take 5 hours of ADA and California access laws training every two years expired licenses can be renewed within 5 years but must pay all accrues fees and delinquency fee
after 5 years you must go through the all requirements again except education. No ARE exams needed if
license first issued without one board deems you competent CSE is required
retired license – retires license – no renewal. Title becomes “retired architect” or “architect retired” - to reinstate, above applies
Architectural Corporations
Each shareholder, director, and officer must hold licenses and keep all licenses current (those who don't can not receive any money from the corp) shall include at least one last name of a present, prospective, or former shareholder and either “architectural corporation” or “architect” or “architects” in the business name
Security for LLPs, in-state and out-of-state, but doing business in California
1-5 licensed individuals – min $1,000,000 errors and omissions insurance $100,000 each additional license up to $5,000,000 or keep the same amount in trust or bank escrow maintain it for three years after dissolution of LLP
or liability falls on Partners or if company worth more than $10,000,000, on the company
Disciplinary Proceedings
willful errors or omissions (or not notifying client of omissions) signing/stamping for unlicensed designers (unless they are employees or are under your “immediate and responsible direction” (individual must have written agreement with architect))
Architect's shall comply with the following:
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competence no willful misconduct no conflicts of interest full disclosure (accurate representation of skills to client) no copyright infringement informed consent from client (don't alter project scope without consent
Illegal Uses of License: Misdemeanor
displays a canceled, revoked, suspended fraudulent license lending the license misrepresents someone else's license as own refusing to surrender license that is suspended, revoked, or canceled permits unlawful use of license by another
copies the license/photographs it etc, that it might be mistaken for the real thing (don't hang a copy of your license in your office!) buys a fraudulent license
Illegal to practice if license is expired (unless you have renewed it and just not yet received it)
zzillion
02-25-2012, 02:53 PM
General Plan, Variances, CUP, Permits, CEQA, Links
California Planning Guide
Concise guide to planning (mentioned earlier in the thread - notes here based on this):
http://opr.ca.gov/docs/California_Pl...Guide_2005.pdf
long version:
http://opr.ca.gov/docs/General_Plan_Guidelines_2003.pdf
example of specific process (other cities may vary)
http://www.sandiego.gov/development-...ionprocess.pdf http://www.sandiego.gov/development-...rovalgraph.gif
Each city is tasked with creating a General Plan that will guide the long term development of that city. It is made up of a written description and accompanying diagrams. It is different than zoning laws which are regulatory.
The Seven Required Elements of a General Plan
1. Land use element – general location of land uses 2. Circulation element – general location of major roads, utilities 3. Housing element - 4. Conservation element 5. Open-space element 6. Noise element 7. Safety element
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optional elements include air quality, recreation, public facilities, and community design, etc
Variances
changes restrictions (like setback rules)
limited waiver of zoning code allowed by zoning ordinance requires public hearing allowed in cases where strict zoning application would deprive property of same uses as other properties in same zone in approval, restrictions must be in place that ensure that variance is not given as a favor (must be fair) does not grant use that is otherwise not allowed (no industrial in a residential zone for example) typically granted for sites with difficult terrain
Conditional Use Permit
see also: http://ceres.ca.gov/planning/cup/condition.htm
changes use
also called special use permit (this helps to remember it) might include community uses
hospitals schools fire stations parks
temporary/unusual uses like christmas tree or pumpkin sales or uses with potentially significant environmental impact like hazardous chemical storage or surface mining ZONING ORDINANCE SPECIFIES THE USES for which a CUP is required, which zones they are allowed in and public hearing procedure imposes development requirements to mitigate adverse effects of that type of development (i.e. landscaping, extra soundproofing, limited hours of operation, add'l parking does NOT rezone the land
Subdivisions
procedure:
cannot subdivide without local approval regulated by local ordinance in compliance with Subdivision Map Act two types: parcel maps (less than 5 lots) and subdivisions/tract maps (5 or more)
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city or county staff examines application for tentative subdivision environmental impact analysis must be done public hearing must be held once compliance with conditions set out by city (such as the construction of streets, sewers, and water services) are certified, final map is approved (usually in 2 years or more with extensions)
subdivider records map at county recorder
PROJECT APPROVAL PROCESS Permits Discretionary
Ministerial
CEQA
most projects are discretionary subject to evaluation by local planning authority subject to CEQA
automatic if it meets certain criteria (still requires a permit!) typically small (renovating a kitchen, building a fence) NOT subject to CEQA
read also : CEQA-overview.doc on FTP here: http://www.areforum.org/up/orals_ca/ http://ceres.ca.gov/ceqa/guidelines/ http://ceres.ca.gov/ceqa/more/faq.html http://ceres.ca.gov/ceqa/flowchart/ <--------contains clickable links for each step of the process
http://www.areforum.org/forums/showt...=119964&page=2
Statutory Exemptions
http://ceres.ca.gov/ceqa/guidelines/art18.html
Categorical Exemptions
http://ceres.ca.gov/ceqa/guidelines/art19.html
applies to nearly every project (covers any project that requires review by public agency or public funding) requires local and state governments to consider environmental impact before approval.
Lead Agency
Public Agency with greatest authority over project. They will determine type of analysis and will prepare the report. Usually the local planning department in local planning matters.
Responsible or Trustee Agency
All other public agencies with a stake in the project.
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Exempt Projects
typically single-family homes, remodels, and accessory structures need no environmental review
Initial Study
involves a determination of whether an Environmental Impact Report (EIR) is required
Negative Declaration
if there is no anticipated impact, the Lead Agency writes a Negative Declaration means that no EIR is needed public review period of 20 days
Mitigated Negative Declaration
EIR
if there are anticipated impacts, but mitigation measures or changes to the project would remove those concerns, the Lead Agency writes a Mitigated Negative Declaration city to adopt monitoring program to ensure conditions are met
public review period of 20 days
Lead Agency prepares EIR to determine environment impact before approval public review of draft EIR for 30 days public notice (at least 10 days before and to all property owners involved or within 300 ft of site boundary and to a newspaper), public hearing
Project Approval
Lead Agency must certify neg. dec., mit. Neg dec, or EIR before approval if approving the project when there are significant impacts, the Lead Agency must state in writing the reasons for accepting it has 180 days to make a decision on EIR, 60 days for Neg. Dec. or exempt project.
zzillion
02-25-2012, 03:16 PM
Faa
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zzillion
02-25-2012, 05:06 PM
Building Construction Types Further Defined
In response to Marhi's suggestion that we really know what the building construction types are, I did a search and found this promising document.
It's from the Nevada Fire Marshal, but addresses NFPA regulations and model building codes (upon which CBSC is based)
Building Construction Types
Who needs to file with the Federal Aviation Administration?
https://oeaaa.faa.gov/oeaaa/external/portal.jsp CFR Title 14 Part 77.9 states that any person/organization who intends to sponsor any of
the following construction or alterations must notify the Administrator of the FAA:
any construction or alteration exceeding 200 ft above ground level any construction or alteration:
within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 ft within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft
within 5,000 ft of a public use heliport which exceeds a 25:1 surface
any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards when requested by the FAA any construction or alteration located on a public use airport or heliport regardless of height or location.
zzillion
02-25-2012, 06:30 PM
Agencies and Acts that affect Building in California
for some reason the forum would not let me post this in one part:mad: see Not Dead Yet's list from here:
http://www.areforum.org/forums/showp...1&postcount=17
Agencies and Acts that affect building in California
Chart that indicates what permits/projects are affected by what type of agencies
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http://www.areforum.org/up/orals_ca/permit%20chart.pdf
NDY's notes:
Stakeholders
Homeowner's Association Codes, Covenants, and Restrictions (CC&R's) Community Boards or Councils Citizen's Advisory Committees Neighborhood Association
Local Agencies
Planning Department (Usually the Lead Agency) Zoning Code General Plan General Plan Amendment
Master Plan Specific Plan Variance Conditional Use Permit (CUP) Subdivision Regulations California Environmental Quality Act (CEQA)
Building Department Title 24: California Building Standards Code (CBSC) State Historic Building Code
Fire Marshall: Fire Department California Fire Code
Public Works Department Local Airport Authority
Design Review Board Neighborhood Design Guidelines
Environmental Health Department California Health and Safety Code
zzillion
02-25-2012, 06:31 PM
Agencies and Acts that Affect Building in California PART 2
Regional Agencies
County Flood Control District General Plan
Regional Water Quality Control Board (9 regions) California Water Code
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Local Air Quality Management District (AQMD) California Clean Air Act
Regional Air Pollution Control District California Clean Air Act
State Agencies
California Coastal Commission California Coastal Act
Division of the State Architect (DSA) Essential Services Building Seismic Safety Act California Building Standards Code Field Act California Access Compliance manages code enforcement for public schools.
Office of Statewide Health Planning and Development (OSHPD) Hospital Facilities Seismic Safety Act
California Environmental Protection Agency (Cal-EPA) – regional and other boards together make up Cal-EPA (like Air Resources board, State Water Resources Control Board, Water Quality Control Regional Boards, etc) California Endangered Species Act
State Water Resources Control Board Water Code Clean Water Act
California Air Resources Board (CARB) California Clean Air Act
Department of Fish and Game California Endangered Species Act
California Department of Parks and Recreation California State Parks Planning Division
California State Parks Office of Historical Preservation California Register of Historical Resources
California Department of Transportation (CalTrans)
California Architects Board Architect’s Practice Act
California Department of General Services manages code enforcement for state owned buildings including state college and universities (not community colleges or public schools – that's DSA)
California Department of Housing and Community Development
Federal Agencies
United States Justice Department Americans with Disabilities Act
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zzillion
02-26-2012, 01:48 PM
California Energy Code
Enforcement and procedures having to do with the California Energy Code. Covers Certificate of Compliance, compliance document registration, Installation Certificates, Certificates of Field Verification, and Diagnostic Testing. permit procedure and construction inspections are also covered in a good summary.
Residential Compliance Manual
http://www.energy.ca.gov/2008publica...Compliance.pdf
Nonresidential Compliance Manual
http://www.energy.ca.gov/2008publica...nforcement.pdf
zzillion
02-26-2012, 02:00 PM
Fire Wildland Urban Interface - 100ft zone
A message from the State Fire Marshal regarding 100ft clear zones around your house!
http://www.fire.ca.gov/communication...ong_80kbps.mp3
Army Corps of Engineers Federal River and Harbors Act Federal Coastal Zone Management Act
Environmental Protection Agency (EPA) Clean Water Act Clean Air Act Safe Drinking Water Act
Toxic Substance Control Act Superfund Act
Federal Aviation Administration Airport Layout Plan
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zzillion
02-26-2012, 03:40 PM
Thanks NDY - I sure hope I pass.
I'm posting from my notes as I get through each topic, so I'll post the document into the FTP when I'm done.
All the summaries in here are my own notes except where I pulled from previous threads in this forum. (I can definitely delete the reference to your previous post if you'd like - I just thought it was helpful). I don't want to post anything that's not already public - just assemble information as I find it across the confusing web of our state's wonderful bureaucracy!
As for David - he updates his information, and it's probably much better organized and complete than this stuff is. Additionally, I bet his questions are probably very helpful with synthesizing this information into test-ready knowledge. I just couldn't afford it and assumed others were in the same boat.
zzillion
02-26-2012, 05:41 PM
CALGreen
If you are familiar with LEED (and even if you're not), the following links will be a shortcut to learning what CalGreen is all about:
Nonresidential buildings:
http://www.usgbc-ncc.org/storage/usg...comparison.pdf
Residential:
http://builditgreen.org/_files/GovRe...p_v1_Sep01.pdf
CALGreen Checklist:
http://www.documents.dgs.ca.gov/dsa/...4_CalGreen.pdf
CALGreen is Title 24 Part 11. It is set up with mandatory measures for all new buildings, as well as voluntary tiers that local governments can adopt and make mandatory as well.
Not Dead Yet
02-26-2012, 02:47 PM
If you keep this up your going to put David Doucette out of business. Give the guy some slack.
Seriously though, I suggest you create your own notes, in Word or something similar. If you want to give them away for free you can post them on the FTP site. (Please don't post my notes on the FTP site.)
But, it looks like you are doing a great job of studying for the test. Keep up the good work and I'm sure you will pass.
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zzillion
02-26-2012, 07:11 PM
US Army Corps of Engineers
The US Army Corps of Engineers has overlapping jurisdiction with the California Coastal Act as enforced by local jurisdictions with a Coastal Program (as approved by the California Coastal Commission).
Since we're visual people, check this out - it may help to remember what the Army Corps of Engineers might need to be contacted about:
http://www.coastal.ca.gov/web/wetrev/wetfig4.html
Procedures in the wetlands of California Coast (skim-worthy):
http://www.coastal.ca.gov/web/wetrev/wettc.html
MARHI1983
02-26-2012, 10:53 PM
Sorry, David!!! :) As promised, excerpts from WUI guidelines: A combination of both fire-wise landscaping and construction is the most effective way of reducing your wildfire risk. · Avoid attaching wooden fences to your home. Alternatively, separate wooden fences from your home by using a masonry or metal protective barrier between the fence and your home. · Street address signs should be clearly labeled and visible from the road and should be made of a noncombustible material. · Install approved spark arrestors in chimney. · Cover your exterior attic and under-floor vents with wire mesh no larger than 1/8-inch to prevent sparks from being drawn into your home. Install soffits made of fire-resistant material or 1⁄2-inch nominal wood sheathing. · Add metal screens to windows or replace existing fiberglass screens. · Replace single pane windows with double paned and/or tempered glass. · Also replace plastic skylights with tempered glass. · Smaller windows are stronger in their frames than larger ones. · Replace combustible roof materials (e.g., wood shingles or shake) with fire-resistive roofing (e.g., Class A composite shingles, metal, clay or cement tile). · Replace siding that is vulnerable to fire (e.g., wood or vinyl) with fire- resistive siding on your home, such as stucco, brick, concrete block, stone, or cement fibrous siding. From 2010 CBC – Chapter 7A – WUI: 701A.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. Exceptions: Basically, accessory or agricultural building of Group U occupancy located at least 30 feet (usually – min 50ft) from an applicable building. Purpose: IGNITION-RESISTANT CONSTRUCTION Building elements regulated: ROOFING · Roof coverings. · Roof valleys.
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· Roof gutters.
VENTS Requirements. Ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials or other devices that meet the following requirements: Ventilation openings on the underside of eaves and cornices: Vents shall not be installed on the underside of eaves and cornices. EXTERIOR COVERINGS Exterior wall covering material The exterior wall covering or wall assembly shall comply with one of the following requirements: 1. Noncombustible material 2. Ignition-resistant material 3. Heavy timber exterior wall assembly 4. Log wall construction assembly 5. Wall assemblies that meet the performance criteria in accordance with the test procedures for a 10-minute direct flame contact exposure test set forth in SFM Standard 12-7A-1 Exterior wall assembly Exterior exposed underside of roof eave overhangs Open roof eaves. Exposed underside of exterior porch ceilings The same Exterior exposed underside of floor projections The same Exterior underfloor areas Underside of appendages. When required by the enforcing agency the underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall consist of one of the following:
EXTERIOR WINDOWS AND DOORS
1. Exterior windows 2. Exterior glazed doors 3. Glazed openings within exterior doors 4. Glazed openings within exterior garage doors 5. Exterior structural glass veneer
Exterior doors. DECKING 709A.1 General. The walking surface material of decks, porches, balconies and stairs shall comply with the requirements of this section. Where required. The walking surface material of decks, porches, balconies and stairs shall comply with the requirements of this section when any portion of such surface is within 10 feet (3048 mm) of the building. Decking Surfaces. The walking surface material of decks, porches, balconies and stairs shall be constructed with one of the following materials: ACCESSORY STRUCTURES Applicability. The provisions of this section shall apply to trellises, arbors, patio covers, carports, gazebos and similar structures of an accessory or miscellaneous character.
Please check State Fire Marshal Website for WUI Landscaping Guidelines - you will be glad you did
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ukarch66
02-27-2012, 11:41 PM
Yes, I must admit, sitting here waiting for the result to come back any day now, you guys are making me very nervous indeed with that amount of detail!!!
MARHI1983
02-28-2012, 02:03 AM
ukarch66 - you mean that you took CSE in the past few weeks and had seen no questions on WUI? Interestingly I had quite a few both times I took the test, and I only took it recently. And Coach, you are pretty much always right on the money, but how would David Doucette know what exactly is on this year batch of exam questions? Is he one of those compiling the test?
Here is an idea ;)
Coach
02-28-2012, 04:13 AM
Quote:
Originally Posted by MARHI1983
And Coach, you are pretty much always right on the money, but how would David Doucette know what exactly is on this year batch of exam questions? Is he one of those compiling the test?
David has no inside knowledge that I'm aware of but he's made it his business to know the test plan inside and out.
I can only go by my experience with the oral exam and find it hard to believe that the scope and detail has changed that much. My understanding is that the transition was to simply convert to a written exam, not to change the intent.
Perhaps you encountered some unscored questions.
Coach
02-27-2012, 08:58 PM
I sure hope you guys aren't going to blow yourselves out of the water with minutia. Particularly with this WUI stuff. Seems way out of the scope to me. Would love to hear what David Doucette thinks.
MARHI1983
02-28-2012, 02:18 PM
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"I can only go by my experience with the oral exam and find it hard to believe that the scope and detail has changed that much. My understanding is that the transition was to simply convert to a written exam, not to change the intent."
Coach, take my word for it - it is VERY different. The overall scope and intent did not change that much, perhaps. But if I only went with David's and passxflash stuff, I would certainly have failed. There were quite a few questions that required ridding yourself of all that CSE common places and relying on your common sense. Since the format is very different from oral, you really need to study original sources, and you do have to remember the minutia - how many days for filing DP lien? How many sq.ft ESB is not governed by DSA? Besides, you in effect answer not "yes" questions, but "no" questions, and it is very easy to get distracted or confused. There were in fact a few questions where I thought the answers were so illogical and unrelated, I thought they were attached to the wrong question. Bottom line - I think zillion is doing him / herself and others a huge favor by taking such detailed notes.:) Good luck!!!
zzillion
 
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