Stamp and sign

Stamp and sign

Postby mullengirl » Sat Sep 19, 2015 10:46 pm

Is it against Architects Practice Act if a full time architect signs the drawings that she works as moonlight job?
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Re: Stamp and sign

Postby pwlcapricorn1 » Sun Sep 20, 2015 5:57 pm

No. Your stamp is yours alone (your name, your number), and in no way is dependent on what company you work for. Moon lighting is only a term companies use when you work outside the scope of your job.
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Re: Stamp and sign

Postby hnQ_9999 » Fri Mar 31, 2017 5:24 pm

I had turned down job interview to firms having provision
of no moonlighting in their employment application forms.
They sure cross US institutions. What I do with my time is not their business.
I understand there are insurance and cost of lawyers involve for false claims,
but that is the risk of running a corp, so be it.
You guys should stand up for this non-sense.

By the way, is there any code in BPC even allows/disallows professional corp
to assert such provision, or having different legal opinion ?
I wanted to know. Thanks.

Lastly, is there a stamp out there that bears the word "Building Designer".
I remember seeing this in Woo's questions, but sure it s not in the APA.
Among Architect, Interior Designer, Landscape, Civil, PE and Surveyor, if anyone
can use such title that would be us, not them.
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Re: Stamp and sign

Postby Moniky » Sat Apr 01, 2017 1:06 am

From section 5536 of the Practice Act:

It is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered or otherwise licensed by the state as a building designer.
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Re: Stamp and sign

Postby hnQ_9999 » Sat Apr 01, 2017 9:32 am

Thank you and Correct me if I am wrong, 5536 said:
(a) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who is not licensed to practice architecture under this chapter to practice architecture in this state, to use any term confusingly similar to the word architect, to use the stamp of a licensed architect, as provided in Section 5536.1, or to advertise or put out any sign, card, or other device that might indicate to the public that he or she is an architect, that he or she is qualified to engage in the practice of architecture, or that he or she is an architectural designer.
(b)....
(c) It is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered or otherwise licensed by the state as a building designer.

Q: Is (c) redundant to (a), given "registered building designer" is surely confusingly similar to "architect" ?
If not, what "It is a misdemeanor, punishable as specified in subdivision (a)" only refers to the fine given in (a), "of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment"...AND "anyone" here, in section (c), INCLUDING licensed architect, can be fined by such punishment if caught using the term "registered building designer" ?
201-036.jpg

I am pretty sure my interpretation is correct since the graphic examples of the stamps have not include such term. Otherwise (c) would have been written as:
(c) Otherwise licensed by the state as a building designer, it is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered.
ANYONE ?
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Re: Stamp and sign

Postby Coach » Sat Apr 01, 2017 12:36 pm

hnQ_9999 wrote:Q: Is (c) redundant to (a), given "registered building designer" is surely confusingly similar to "architect" ?

Not really.

What you should understand is that California used to register building designers. That's why the APA has specific language regarding them. When RBD sunset in 1986, all remaining RBDs automatically became architects. Craig Ellwood was one of them.


If not, what "It is a misdemeanor, punishable as specified in subdivision (a)" only refers to the fine given in (a), "of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment"...AND "anyone" here, in section (c), INCLUDING licensed architect, can be fined by such punishment if caught using the term "registered building designer" ?

If an architect is that dumb, then yes.

I am pretty sure my interpretation is correct since the graphic examples of the stamps have not include such term. Otherwise (c) would have been written as:
(c) Otherwise licensed by the state as a building designer, it is a misdemeanor, punishable as specified in subdivision (a), for any person to advertise or represent that he or she is a "registered building designer" or is registered.
ANYONE ?

What?
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Re: Stamp and sign

Postby Coach » Sat Apr 01, 2017 12:38 pm

mullengirl wrote:Is it against Architects Practice Act if a full time architect signs the drawings that she works as moonlight job?

No. As a matter of fact, if you don't, then you've broken the law.
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Re: Stamp and sign

Postby hnQ_9999 » Sat Apr 01, 2017 1:38 pm

Thanks Coach for the background. I didn't know Craig Elwood.
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