In addition to the requirements of Section 4-209, Article 1 of these regulations, the following provisions shall apply;
Delegation of responsibility. The architect, structural engineer or civil engineer in general responsible charge shall employ or retain, under his/her supervision, registered mechanical and electrical engineers to design and observe the construction of the mechanical and electrical portions of the work when these elements are significant to the safety of the building or its occupants or the continuing functioning of the building. The requirement for observation of construction of the mechanical and electrical portions of the work by the mechanical and electrical engineers may be waived where the mechanical and electrical elements are not considered to be significant to the safety of the building or its occupants or its continuing functioning and when special mechanical and electrical inspection in accordance with Section 4-211 is provided.
No delegation to or employment or retention of others shall be construed as relieving the architect, structural engineer or civil engineer in general responsible charge of his/her rights, duties and responsibilities under Section 16015 of the Act and Section 4-217 of these regulations.
Assumption of responsibility. The architect, structural engineer or civil engineer who submits for approval plans and specifications for any project or any portion of any project which have been prepared by others shall assume responsibility for the safety of design of the completed construction and for the interpretation of and any necessary amplification of the plans and specifications of the project. He/she shall stamp and sign all plans submitted for approval to indicate his/her assumption of responsibility or may in lieu thereof, stamp and sign, and submit plans prepared under his/her own charge. (See Section 4-210 for other signatures.) When an architect, structural engineer or civil engineer accepts the responsibility for completion of a project or a portion of a project relinquished by another, that architect, structural engineer or civil engineer thereby assumes responsibility as follows:
- If the relinquishment occurs prior to the completion of the design documents, all responsibility shall be assumed. [See Section 4-225 (c) for the procedure.]
- If the relinquishment occurs after the design drawings and specifications have been completed and approved by the enforcement agency, the assuming architect or registered engineer shall be responsible for the construction of the project in accordance with the design of the relinquishing architect or engineer. The assuming architect or registered engineer shall assume responsibility for the interpretation of and any necessary amplification of the plans and specifications and shall stamp and sign any such documents prepared for that purpose.
Acceptance of responsibility. The assumption of general responsible charge or of delegated responsibility shall be clearly outlined, accepted and approved by the parties concerned including the owner. The enforcement agency shall be notified when any change is made in the individuals in general responsible charge or delegated responsible charge.
Form DSA-1, Application for Approval of Plans and Specifications, provides for the delegation of responsibility, but for unusual cases, or for changes in responsibility taking place after the plans have been submitted for approval, the delegation of responsibility, acceptances and approvals thereof, shall be submitted in letter form, which shall include an indication that the owner has been notified.
Authority: Health and Safety Code Section 16022.
Reference: Health and Safety Code Sections 16011 and 16015.