California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 3 — ArchitectureArticle 3 — Application of ChapterSection 5536.3

(a) In the event of damage to residential real property caused by a natural disaster declared by the Governor, if the damage may be covered by one or more policies of insurance, any architect or other person who has prepared plans used for the construction or remodeling of the residential real property shall release a copy of the plans to the homeowner’s insurer or the homeowner, or duly authorized agent of the insurer or the homeowner, upon request and verification that the plans will be used solely for the purpose of verifying the fact and amount of damage for insurance purposes.

(b) No homeowner or any other person shall use any copy of plans obtained pursuant to subdivision (a) to rebuild all or any part of the residential real property without the prior written consent of the architect or other person who prepared the plans.

(c) In the event prior written consent is not provided pursuant to subdivision (b), no architect or other person who has prepared plans who releases a copy of plans pursuant to subdivision (a) shall be liable to any person if the plans are subsequently used by the homeowner or any other person to rebuild all or any part of the residential real property.

(d) The architect or other person may charge a reasonable fee to cover the reproduction costs of providing a copy of the plans.

(e) As used in this section, “residential real property” means a single family structure, whether or not owner-occupied.

Notes

Requires a plan preparer for a single-family structure, whether owner-occupied or not, damaged by a Governor-declared natural disaster to release plans on verified request for insurance damage assessment if insurance may cover the damage. A reasonable reproduction fee is allowed; rebuilding requires prior written consent, and without consent the releaser is not liable for subsequent rebuilding use.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 5536.3 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-3/article-3/section-5536-3

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