Can Watershape Consulting provide building design services for wellness facilities?

The California Architects Practice Act is the set of laws (found in California Business and Professions Code, Sections 5500–5640) that governs the practice of architecture in California. It is enforced by the California Architects Board (CAB).

Although Watershape Consulting does not employee a California licensed architect, we are exempt. Let's start by defining the practice of architecture:

California Business and Professions Code - BPC

Division 3. Professions and Vocations Generally [5000 - 9998.12]

Chapter 3. Architecture [5500 - 5610.7]

Article 3. Application of Chapter [5535 - 5538]

Business and Professions Code 5500.1

(a) The practice of architecture within the meaning and intent of this chapter is defined as offering or performing, or being in responsible control of, professional services which require the skills of an architect in the planning of sites, and the design, in whole or in part, of buildings, or groups of buildings and structures.

(b) Architects’ professional services may include any or all of the following:
  (1) Investigation, evaluation, consultation, and advice.
  (2) Planning, schematic and preliminary studies, designs, working drawings, and specifications.
  (3) Coordination of the work of technical and special consultants.
  (4) Compliance with generally applicable codes and regulations, and assistance in the governmental review process.
  (5) Technical assistance in the preparation of bid documents and agreements between clients and contractors.
  (6) Contract administration.
  (7) Construction observation.

(c) As a condition for licensure, architects shall demonstrate a basic level of competence in the professional services listed in subdivision (b) in examinations administered under this chapter.

And now the exemption:

California Business and Professions Code 5537.5

A civil engineer authorized to use that title under the provisions of Chapter 7 (commencing with Section 6700), insofar as he or she practices the profession for which he or she is registered, is exempt from the provisions of this chapter, except that a civil engineer may not use the title “architect,” unless he or she holds a license as required in this chapter.

Here is another relevant reference:

California Architects Board

Building Official Information Guide 2021

Are engineers exempt from the Architects Practice Act?
Civil and structural engineers may provide building design services to the extent that they are included as part of the engineering services for which they are registered. Civil and structural engineers may not practice architecture, i.e., architectural design, unless it is a part of the civil or structural engineering services they are performing. Civil and structural engineers may not use the title “architect” or offer “architectural” services unless licensed by the Board.
(Ref.: BPC §§ 5537.1, 5537.4, 5537.5)

What are the structural and civil engineer’s limitations as to performing architectural design services?
There are none in the Architects Practice Act. The engineer may design any structure as long as the engineer adheres to the exemptions.
(Ref.: BPC §§ 5537.1, 5537.5)

CCR, titles 21 and 22, are more restrictive and do set limitations as to what services architects and civil and structural engineers may perform. However, CCR titles 21 and 22 are relevant only to state-regulated construction under the jurisdiction of the Division of the State Architect (DSA) and Office of Statewide Health Planning and Development (OSHPD).

Watershape Consulting specializes in experiential water and wellness environments. As part of our complete design and engineering of pools, spas, cold plunges, steam rooms, saunas, and other wellness elements, we perform building design services for the facility itself. Our integrated approach leverages our expertise for a cohesive design and our President/CEO's civil engineering license allows us to perform without the need for a licensed architect.