| Section 1. That sections 4703.30, 4703.31, 4703.32, 4703.33, | 7 |
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4703.34, 4703.36, 4703.41, 4703.42, 4703.44, 4703.45, 4703.46, and | 8 |
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4703.49 be amended and section 4703.332 of the Revised Code be | 9 |
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enacted to read as follows: | 10 |
(2) Thethe preparation of feasibility and site selection | 20 |
studies, and the
supervision of the
performanceexecution of | 21 |
projects
involving the
arranging
of land
and the
elements
thereon | 22 |
for
public and
private use and enjoyment,
including
the
alignment | 23 |
of
roadways and
the location of
buildings, service
areas, parking | 24 |
areas, walkways,
steps, ramps,
pools, and other
structures, and | 25 |
the grading of the
land, surface
and sub soil
drainage, erosion | 26 |
control, planting,
reforestation,
and the
preservation of the | 27 |
natural landscapewhere the dominant purpose of such service | 28 |
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involves: | 29 |
| (a) The preservation, conservation, enhancement, or | 30 |
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determination of proper land and water uses, natural land | 31 |
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features, ground cover and plantings, naturalistic and aesthetic | 32 |
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values, natural systems, reforestation, restoration, and | 33 |
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reclamation; | 34 |
| (b) The determination of settings, grounds, and approaches | 35 |
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for buildings and structures or other improvements; the | 36 |
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determination of environmental problems of land relating to | 37 |
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erosion and sediment control, flooding, blight and other hazards; | 38 |
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the shaping and contouring of land and water forms; the | 39 |
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determination of grades; and the determination of surface and | 40 |
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ground water drainage and providing for drainage systems where | 41 |
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such
systems do not require structural design of system components | 42 |
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or a
hydraulic analysis of the receiving storm water conveyance | 43 |
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system,
in
accordance with the
accepted professional
standards of | 44 |
|
public
health, welfare, and
safety; | 45 |
| (4) This practice shall include the location and arrangement | 64 |
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of
such tangible objects and features as are incidental and | 65 |
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necessary
to the purposes outlined in this section, but shall not | 66 |
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include
the design of structures or facilities with separate and | 67 |
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self-contained purposes for habitation or industry, or the design | 68 |
of
public streets and highways, utilities, storm and sanitary | 69 |
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sewers, and
water and sewage treatment facilities, such as are | 70 |
|
exclusive to
the practice of engineering or architecture.
A | 71 |
|
landscape architect shall undertake to perform professional | 72 |
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services only when the landscape architect is qualified by | 73 |
|
education, training, and experience in the specific technical | 74 |
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areas involved. This division shall not be construed to prohibit | 75 |
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a landscape architect from engaging individuals
performing | 76 |
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services outside the scope of the landscape architect's | 77 |
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qualifications as consultants. | 78 |
| Sec. 4703.31. (A) There is hereby created the state board | 84 |
of landscape architect examiners.
SaidThe board shall consist
of | 85 |
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five members appointed by the governor. All appointments made to | 86 |
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the board shall be for a five-year term commencing on the
eleventh | 87 |
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day of November and ending on the tenth day of November.
Each | 88 |
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member shall hold office from the date of appointment until
the | 89 |
end of the term to which
hethe member was appointed. Any
member | 90 |
shall
continue in office subsequent to the expiration date of
his | 91 |
the
member's term
until
athe member's successor is appointed, or | 92 |
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until a period
of sixty days
has elapsed, whichever occurs first. | 93 |
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Three of the members shall
be landscape architects registered | 94 |
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under sections 4703.33 to
4703.37 of the Revised Code for not less | 95 |
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than five years prior to
appointment to the board. One member | 96 |
shall be appointed from
an
allieda licensed design profession and | 97 |
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one member shall
represent the public. Any
member of the board | 98 |
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may be removed by
the governor at any time
for cause. | 99 |
| Sec. 4703.32. (A) No person shall
engage in the practice of | 127 |
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landscape
architecture or use the title of
"landscape architect" | 128 |
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or any title, sign, card, or device
indicating, or tending to | 129 |
indicate, or represent in any manner
that
hethe person is a | 130 |
landscape architect, unless
hethe person is registered under | 131 |
sections 4703.30 to 4703.49 of the Revised Code, or holds a
permit | 132 |
issued under section 4703.39 of the Revised Code. | 133 |
(B) Sections 4703.30 to 4703.49 of the Revised Code, are
not | 134 |
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intended to restrict or otherwise affect the right of any | 135 |
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individual to practice architecture under sections 4703.01 to | 136 |
4703.19 of the Revised Code, or engineering under sections
4733.01 | 137 |
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to 4733.24 of the Revised Code. This division does not
exclude a | 138 |
registered professional engineer or a registered
architect from | 139 |
suchthe practice of landscape architecture
asthat is incidental | 140 |
to the practice of
engineering or
architecture
or exclude a | 141 |
|
landscape architect from the practice of
architecture that is | 142 |
|
incidental to the practice of landscape architecture. | 143 |
(C) Sections 4703.30 to 4703.49 of the Revised Code, do
not | 144 |
|
affect the right of any individual to engage in the
occupation of | 145 |
growing or marketing nursery stock, or to use the
title | 146 |
"nurserymannurseryperson,"
"landscape
nurserymannurseryperson," | 147 |
or"gardener,"
"landscape gardener,"
"landscape designer," | 148 |
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"general contractor,"
"landscape
contractor,"
"golf course | 149 |
|
architect," or
"golf course designer," provided that no individual | 150 |
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shall
engage in the practice of
landscape architecture or use the | 151 |
title
"landscape architect" unless
hethe person has complied with | 152 |
|
sections
4703.30 to 4703.49 of the Revised Code. | 153 |
| (D)
Nothing in sections 4703.30 to 4703.49 of the Revised | 154 |
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Code prevents a vendor of
goods,
services, or materials, including | 155 |
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nurserypersons, landscape nurserypersons,
gardeners, landscape | 156 |
|
gardeners, landscape designers,
general or landscape contractors, | 157 |
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and golf course architects or golf course
designers, from | 158 |
|
providing drawings or
graphic diagrams that are necessary for the | 159 |
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proper layout
of the vendor's goods or materials for public or | 160 |
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private
land or arranging for the installation of the goods or | 161 |
|
materials. Nothing
in sections 4703.30 to 4703.49 of the Revised | 162 |
|
Code prevents a landscape designer
from engaging in, for a fee, | 163 |
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the design of spaces utilizing plant materials
and ancillary | 164 |
|
paving and building materials or arranging for the installation of | 165 |
|
the
materials. Nothing in sections 4703.30 to 4703.49 of the | 166 |
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Revised Code shall be construed in
any manner to prohibit a person | 167 |
|
from designing or preparing drawings or
specifications for any | 168 |
|
real
property owned by that person. | 169 |
| (E) Each landscape architect, upon registration by the
state | 170 |
|
board of landscape architect examiners, may obtain a stamp
of the | 171 |
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design authorized by the board, bearing the name of the | 172 |
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registrant, date of registration, number of certificate, and the | 173 |
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legend
"registered landscape architect." All professional | 174 |
|
documents, including maps, plans, designs, drawings, | 175 |
|
specifications, estimates, and reports, issued by a registrant
may | 176 |
|
be stamped only while the registrant's certificate is in full | 177 |
|
force and effect. | 178 |
| Sec. 4703.33. (A) The state board of landscape architect | 179 |
examiners may adopt,
promulgate, modifyamend, and enforce rules | 180 |
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governing the standards for education, experience, services, | 181 |
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conduct, and practice to be followed in the practice of the | 182 |
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profession of landscape architecture in accordance with Chapter | 183 |
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119. of the Revised Code. | 184 |
| (3) The contractor, the landscape architect registered under | 211 |
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sections 4703.30 to 4703.49 of the Revised Code or the firm, | 212 |
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partnership, association,
limited liability
company, or | 213 |
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corporation with a valid certificate of authorization
granted | 214 |
|
under sections 4703.30 to 4703.49 of the Revised Code meets the | 215 |
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requirements of
section
153.70 of the Revised Code when | 216 |
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design-build services are
provided
to a public authority as | 217 |
|
defined in section 153.65 of the
Revised
Code. | 218 |
| (B) Except as otherwise provided in this section, no person | 219 |
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without a certificate of authorization shall offer landscape | 220 |
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architectural
services or engage in the practice of landscape | 221 |
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architecture pursuant to any
construction contract
whose terms are | 222 |
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to be performed by another person or represent to the
public that | 223 |
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the person engages in the practice of landscape architecture or | 224 |
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provides landscape architectural services without a valid | 225 |
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certificate of authorization. | 226 |
| (2)
"Design-build" means a project delivery system for | 232 |
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improvements to real property by which a person is solely | 233 |
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responsible
contractually as a contractor, as defined in section | 234 |
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4113.61 of the
Revised Code, to an owner for both the design and | 235 |
| construction of the improvement, which design and construction may | 236 |
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include
a performance-based specification established by the owner | 237 |
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rather than a
specific design as an improvement goal. | 238 |
| (C) Except as provided in section 4703.35 of the Revised | 249 |
|
Code, each applicant for registration as a landscape architect | 250 |
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shall pass, to the satisfaction of the board, an examination | 251 |
conducted under the authority of the board, to determine the | 252 |
fitness of the applicant for registration.
SuchThe applicant | 253 |
shall
be at least eighteen years of age, beand of good moral | 254 |
character,
and shall
meet all of the following requirements: | 255 |
(1) Hashave obtained a professional degree in landscape | 256 |
architecture from a program
recognizedaccredited
by the
national | 257 |
landscape architect accrediting board.
The
applicant may | 258 |
substitute two years or equivalent, practical
experience in the | 259 |
office of, and under the direct supervision of,
a registered | 260 |
landscape architect who is actively involved in the
practice of | 261 |
landscape architecture, for each year of professional
education as | 262 |
required by the board. | 263 |
(1) Has completed
twothree years of practical experience in | 266 |
|
the
office of or under the direct supervision of a registered | 267 |
|
landscape architect who is actively involved in the practice of | 268 |
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landscape architecture, or equivalent experience, as determined
by | 269 |
the board, provided
however, that at least one year of the | 270 |
practical experience or its equivalent as required by
this | 271 |
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division
(C)(1)of this section shall have been completed by
the | 272 |
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applicant subsequent to
the completion of the educational | 273 |
requirements established by
division (C)(1) of this section; | 274 |
| Sec. 4703.36. (A) The state board of landscape architect | 281 |
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examiners shall register as a landscape architect each applicant | 282 |
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who demonstrates to the satisfaction of the board that the | 283 |
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applicant has met all requirements of section 4703.34 of the | 284 |
Revised Code, or, in lieu thereof, has complied with
the | 285 |
provisions
of section
4703.341 or 4703.35 of the Revised Code.
| 286 |
|
The
certificate issued to each individual shall be prima-facie | 287 |
|
evidence of the right of the individual to whom it is issued to | 288 |
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represent self as a landscape architect and to enter the
practice | 289 |
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of landscape architecture, subject to sections 4703.30
to 4703.49 | 290 |
|
of the Revised Code. | 291 |
| (B) Each certificate of qualification issued and
registered | 292 |
|
shall authorize the holder to practice landscape
architecture as a | 293 |
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landscape architect in this state until the last day of
October of | 294 |
|
each odd-numbered calendar year, unless revoked or
suspended for | 295 |
|
cause as provided in this chapter or suspended pursuant to
section | 296 |
|
3123.47 of the
Revised Code. License renewal shall be conducted | 297 |
|
in accordance with the
standard license renewal procedure in | 298 |
|
Chapter 4745. of the Revised Code. Each
renewal shall be recorded | 299 |
|
in the official register of the board. | 300 |
| (D) Each certificate of authorization issued under
division | 306 |
|
(F) of section 4703.331 of the Revised Code shall
authorize the | 307 |
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holder to provide landscape architectural services,
through the | 308 |
|
landscape architect designated as being in
responsible charge of | 309 |
|
the landscape architectural activities and
decisions, from the | 310 |
|
date of issuance until the last day of June
next succeeding the | 311 |
|
date upon which the certificate was issued
unless the certificate | 312 |
|
has been suspended or revoked for cause as
provided in section | 313 |
|
4703.42 of the Revised Code. | 314 |
| Sec. 4703.41. The state board of landscape architect | 315 |
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examiners may refuse to register any applicant or refuse to issue | 316 |
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a certificate of authorization to any applicant, may refuse to | 317 |
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renew the registration of any landscape architect registered
under | 318 |
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sections 4703.30 to 4703.49 or a certificate of
authorization | 319 |
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issued under division (F) of section 4703.331 of
the Revised Code, | 320 |
|
or may suspend for a period not exceeding one
year or revoke the | 321 |
|
registration of any landscape architect
registered under sections | 322 |
4703.30 to 4703.49,or a certificate
of
authorization issued under | 323 |
division (F) of section 4703.331, or a
permit issued under section | 324 |
4703.39 of the Revised Code when the
registrant, permit holder, or | 325 |
|
holder of a certificate of
authorization
does any of the | 326 |
|
following: | 327 |
(D) Has affixed
histhe registrant's or
certificate holder's | 337 |
|
signature to plans, drawings,
specifications, or other | 338 |
professional documents
whichthat have
not
been prepared by
him | 339 |
the registrant or certificate
holder or under
histhe registrant's | 340 |
|
or
certificate holder's immediate and responsible
direction or has | 341 |
permitted
histhe registrant's or
certificate holder's name to be | 342 |
|
used for the purpose of
assisting any individual, not a landscape | 343 |
|
architect, to evade
sections 4703.30 to 4703.49 of the Revised | 344 |
|
Code; | 345 |
| Sec. 4703.42. (A) Under section 4703.41 of the Revised | 352 |
|
Code, the state board of landscape architect examiners shall not | 353 |
|
refuse to renew the registration of any landscape architect | 354 |
|
registered under sections 4703.30 to 4703.49 or a certificate of | 355 |
|
authorization issued under division (F) of section 4703.331 of
the | 356 |
|
Revised Code, or suspend or revoke the registration of any | 357 |
landscape architect registered under
suchthose sections, a
permit | 358 |
issued under section 4703.39, or a certificate of authorization | 359 |
|
issued under division (F) of section 4703.331 of the Revised
Code, | 360 |
|
without at least twenty days' notice to the applicant,
registered | 361 |
landscape architect,
individual who holds a permit, or
other | 362 |
|
interested party, who shall be entitled to a hearing by the
board | 363 |
|
under sections 119.01 to 119.13 of the Revised Code. At
least ten | 364 |
|
days before the date of the hearing, the board shall
notify the | 365 |
applicant, registered landscape architect,
individual
who holds a | 366 |
permit, or other interested party of the nature of
the matters to | 367 |
be presented at
suchthe hearing. Within thirty
days
after the | 368 |
|
hearing, the board shall give notice of its final
decision to the | 369 |
applicant, registered landscape architect,
individual who holds a | 370 |
permit, or other interested party. | 371 |
| (B) As used in this section,
"other interested party"
means | 372 |
|
any firm, partnership, or association holding a certificate
of | 373 |
|
authorization issued under division (F) of section 4703.331 of
the | 374 |
|
Revised Code or, in the case of a corporation holding such a | 375 |
|
certificate, the corporation's agent as described in section | 376 |
|
1701.07 of the Revised Code. | 377 |
| Sec. 4703.44. Unless otherwise provided in section 4703.42 | 378 |
|
of the Revised
Code, the administrative procedures of the state | 379 |
|
board of landscape architect
examiners shall be governed by | 380 |
|
Chapter 119. of the Revised Code, and the
president of the board | 381 |
and
histhe president's authorized
representatives may administer | 382 |
|
oaths,
take depositions, and issue subpoenas to compel the | 383 |
|
attendance of witnesses
and
the production of books, papers, | 384 |
|
records, memoranda, or other information
necessary to the carrying | 385 |
out of sections 4703.30 to
4703.494703.52 of the Revised
Code. | 386 |
| Sec. 4703.46. (A) The state board of landscape architect | 394 |
examiners
may, upon its
own motion or upon the verified complaint | 395 |
|
in writing of any person,
may
investigate
any alleged violation of | 396 |
sections 4703.30 to
4703.494703.52
of the Revised Code. The | 397 |
board
may, in its discretion,
may disregard any complaint filed | 398 |
|
more than two
years
after the act or omission alleged as a | 399 |
violation of
suchthose
sections. | 400 |
| (B)The board may apply to any court of competent | 401 |
|
jurisdiction
for relief by injunction or restraining order to | 402 |
|
enjoin or restrain a person,
firm, corporation, partnership, | 403 |
|
limited liability company, or other group or
combination of | 404 |
|
persons from the commission of any act that is prohibited by | 405 |
|
sections 4703.30 to 4703.52 of the Revised Code or by rules | 406 |
|
governing the standards of
service, conduct, and practice to be | 407 |
|
followed in the practice of landscape
architecture adopted by the | 408 |
|
board under sections 4703.30 to 4703.49 of the Revised Code. | 409 |
| Section 2. That existing sections 4703.30, 4703.31, 4703.32, | 418 |
|
4703.33, 4703.34, 4703.36, 4703.41, 4703.42, 4703.44, 4703.45, | 419 |
|
4703.46, and 4703.49, and sections 4703.341 and 4703.39
of the | 420 |
|
Revised Code are hereby repealed. | 421 |