2.4   Construction Documents

Construction documentation consists of the building plans and specifications for construction of the building or installation of the system, and also includes the energy calculations and the energy compliance (Certificate(s) of Compliance) documents necessary to demonstrate that the building complies with the Energy Standards. The plans and specifications, referred to as the construction documents, define the scope of work to be performed by the general contractor and the subcontractors.

2.4.1    Signing Responsibilities

The Certificate(s) of Compliance must be signed by the documentation author and the person responsible for the preparation of the building plans and specifications. The principal designer is also responsible for the energy compliance documentation, even if the actual work of filling out the documents for the energy compliance documentation is delegated to someone else (the Documentation Author). See Section 2.5 for more details regarding the roles and responsibilities of the designers and documentation author.

The Certificate(s) of Compliance is utilized by the building permit applicant, the enforcement agency plans examiner, and the field inspector. This way, the permit application can call the plans examiner’s attention to the relevant drawings sheets and other information and the plans examiner can call the field inspector’s attention to items that may require special attention in the field. The compliance documents and worksheets encourage communication and coordination within each discipline. The Certificate(s) of Compliance documentation approved by the enforcement agency is required to be consistent with the building plans and specifications approved by the enforcement agency.

The Business and Professions Code specifies the requirements for professional responsibility for design and construction of buildings. Energy code compliance documentation certification require that a person who signs a compliance document shall be a licensed professional who is eligible under Division 3 of the Business and Professions Code to accept responsibility for the applicable design or construction information contained on the submitted compliance document. The Certificate(s) of Compliance must be signed by an individual eligible to accept responsibility for the design. Certificate(s) of Installation and Certificate(s) of Acceptance (Envelope) must be signed by the individual eligible to take responsibility for construction, or their authorized representative. Indoor Lighting, Outdoor Lighting, and Mechanical, Certificate(s) of Acceptance must be signed by a certified technician (see Chapter 13).

Applicable sections from the Business and Professions Code (based on the edition in effect as of January 2011), are provided as follows:

2.4.1.1  5537 Structure exemption:

(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:

1.    Single-family dwellings of wood framed construction not more than two stories and basement in height.

2.    (Multiple dwellings containing no more than four dwelling units of wood frame construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to documents apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.

3.    Garages or other structures appurtenant to buildings described under subdivision (a), of wood framed construction not more than two stories and basement in height.

4.    Agricultural and ranch buildings of wood framed construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.

(b) If any portion of any structure exempted by this section deviates from substantial compliance with conventional framing requirements for wood framed construction found in the most recent edition of Title 24 of the California Code of Regulations or tables of limitation for wood framed construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations for that portion by, or under the responsible control of, a licensed architect or registered engineer. The documents for that portion shall bear the stamp and signature of the licensee who is responsible for their preparation. Substantial compliance for purposes of this section is not intended to restrict the ability of the building officials to approve plans pursuant to existing law and is only intended to clarify the intent of Chapter 405 of the Statutes of 1985.

5537.2. This chapter shall not be construed as authorizing a licensed contractor to perform design services beyond those described in Section 5537 or in Chapter 9 (commencing with Section 7000), unless those services are performed by or under the direct supervision of a person licensed to practice architecture under this chapter, or a professional or civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3, insofar as the professional or civil engineer practices the profession for which he or she is registered under that chapter.

 However, this section does not prohibit a licensed contractor from performing any of the services permitted by Chapter 9 (commencing with Section 7000) of Division 3 within the classification for which the license is issued. Those services may include the preparation of shop and field drawings for work which he or she has contracted or offered to perform, and designing systems and facilities which are necessary to the completion of contracting services which he or she has contracted or offered to perform.

However, a licensed contractor may not use the title "architect," unless he or she holds a license as required in this chapter.

5538. This chapter does not prohibit any person from furnishing either alone or with contractors, if required by Chapter 9 (commencing with Section 7000) of Division 3, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data covering such labor and materials to be used for any of the following:

a.    For nonstructural or nonseismic storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment.

b.    For any nonstructural or nonseismic work necessary to provide for their installation.

c.    For any nonstructural or nonseismic alterations or additions to any building necessary to or attendant upon the installation of those storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, or equipment, provided those alterations do not change or affect the structural system or safety of the building.

2.4.1.2  6737.1. Structure exemption

a.  This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:

1.    Single-family dwellings of wood framed construction not more than two stories and basement in height.

2.    Multiple dwellings containing no more than four dwelling units of wood framed construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.

3.    Garages or other structures appurtenant to buildings described under subdivision (a), of wood framed construction not more than two stories and basement in height.

4.    Agricultural and ranch buildings of wood framed construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety or welfare is involved.

b.    If any portion of any structure exempted by this section deviates from substantial compliance with conventional framing requirements for wood framed construction found in the most recent edition of Title 24 of the California Code of Regulations or tables of limitation for wood framed construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations for that portion by, or under the responsible charge of, a licensed engineer, or by, or under the responsible control of, an architect licensed pursuant to Chapter 3 (commencing with Section 5500). The documents for that portion shall bear the stamp and signature of the licensee who is responsible for their preparation.

2.4.1.3  6737.3. Exemption of contractors

A contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3, is exempt from the provisions of this chapter relating to the practice of electrical or mechanical engineering so long as the services he or she holds himself or herself out as able to perform or does perform, which services are subject to the provisions of this chapter, are performed by, or under the responsible charge of a registered electrical or mechanical engineer insofar as the electrical or mechanical engineer practices the branch of engineering for which he or she is registered.

This section shall not prohibit a licensed contractor, while engaged in the business of contracting for the installation of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which his or her license is issued, or from preparing electrical or mechanical shop or field drawings for work which he or she has contracted to perform. Nothing in this section is intended to imply that a licensed contractor may design work which is to be installed by another person.