Cal. Code Regs. Tit. 16, § 134 - Use of the Term Architect; Responsible Control Within Business Entity

(a) Use of the Term Architect: It shall be unlawful for any person to use a business name that includes as part of its title or description of services the term "architect," "architecture," or "architectural," or any abbreviations or confusingly similar variations thereof, unless that person is a business entity wherein an architect is:

(1) in management control of the professional services that are offered and provided by the business entity; and,

(2) either the owner, a part-owner, an officer or an employee of the business entity.

(b) Responsible Control within Business Entity: Where a person uses a business name that includes as part of its title or description of services the term "architect," "architecture," or "architectural," or any abbreviations or confusingly similar variations thereof, all of the professional services offered and provided by that person are to be offered and provided by or under the responsible control of an architect.

(c) Definitions of Terms Used in this Section:

(1) The term "professional services" shall be given the same meaning as defined in Business and Professions Code section 5500.1.

(2) The term "management control" shall mean general oversight of the professional services offered and provided by the business entity.

(3) The term "responsible control" shall be given the same meaning as defined in Business and Professions Code section 5535.1.

(4) The term "business entity" shall mean any sole proprietorship, firm, corporation, partnership, limited liability partnership, or alliance formed by written agreement to practice architecture including on a single project or on a series of projects.

(5) The term "person" shall be given the same meaning as defined in Business and Professions Code section 5535.

(6) The term "architect" shall be given the same meaning as defined in Business and Professions Code section 5500.

Notes

Cal. Code Regs. Tit. 16, § 134

1. Amendment filed 3-14-56; effective thirtieth day thereafter (Register 56, No. 5).
2. Amendment filed 10-27-65; effective thirtieth day thereafter (Register 65, No. 20).
3. Repealer and new section filed 10-17-88; operative 11-16-88 (Register 88, No. 44).
4. Repealer and new section heading and section and amendment of NOTE filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).
5. Editorial correction of subsection (b) (Register 2014, No. 3).

Note: Authority cited: Section 5526, Business Professions Code. Reference: Sections 5535.1, 5535.2, 5535.3, 5536, 5582 and 5582.1, Business and Professions Code.

1. Amendment filed 3-14-56; effective thirtieth day thereafter (Register 56, No. 5).
2. Amendment filed 10-27-65; effective thirtieth day thereafter (Register 65, No. 20).
3. Repealer and new section filed 10-17-88; operative 11-16-88 (Register 88, No. 44).
4. Repealer and new section heading and section and amendment of Note filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

5. Editorial correction of subsection (b) (Register 2014, No. 3).