REPRESENTATIVES Willamowski, Olman, Wolpert, Goodman, Collier, Lendrum, Raga, Flowers, Schmidt, Hagan, G. Smith, Salerno

To amend sections 4703.30, 4703.31, 4703.32, 4703.33,

1

4703.34, 4703.36, 4703.41, 4703.42, 4703.44,

2

4703.45, 4703.46, and 4703.49, to enact section

3

4703.332, and to repeal sections 4703.341 and

4

4703.39 of the Revised Code to revise the licensing

5

program for landscape architects.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4703.30, 4703.31, 4703.32, 4703.33,	7
4703.34, 4703.36, 4703.41, 4703.42, 4703.44, 4703.45, 4703.46, and	8
4703.49 be amended and section 4703.332 of the Revised Code be	9
enacted to read as follows:	10

Sec. 4703.30.  As used in sections 4703.30 to 4703.49 of the	11
Revised Code:	12

(A) "Landscape architect" means a person who has been	13
registered as provided in sections 4703.30 to 4703.49 of the	14
Revised Code.	15

(B) "Landscape architecture" or "the practice of landscape	16
architecture" includes:	17

(1) The preparation of master, site, and comprehensive	18
development plans, construction drawings, and specifications;	19

(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 landscape, in accordance with the accepted professional	28
standards of public health, welfare, and safety, where the	29
dominant purpose of such service involves:	30

(a) The preservation, conservation, enhancement, or	31
determination of proper land and water uses, natural land	32
features, ground cover and plantings, naturalistic and aesthetic	33
values, natural systems, reforestation, restoration, and	34
reclamation;	35

(b) The determination of settings, grounds, and approaches	36
for buildings and structures or other improvements; the	37
determination of environmental problems of land relating to	38
erosion and sediment control, flooding, blight and other hazards;	39
the shaping and contouring of land and water forms; the	40
determination of grades; and the determination of surface and	41
ground water drainage and providing for drainage systems where	42
such systems do not require structural design of system components	43
or a hydraulic analysis of the receiving storm water conveyance	44
system;	45

(c) The development of roadways and parkways, equestrian,	46
bicycle, and pedestrian circulation systems, sidewalks, parking,	47
planting, pools, irrigation systems, and other ancillary elements,	48
for public and private use and enjoyment.	49

(2) The preparation of construction documents, provided that	50
these are limited to and are necessary for projects within the	51
scope of the practice of landscape architecture as defined in	52
divisions (B)(1)(a), (b), and (c) of this section;	53

(3) The following services as they relate to the practice of	54
landscape architecture:	55

(a) Construction observation;

56

(b) Project coordination and review of technical submissions,	57
plans, and construction documents;	58

(c) Collaboration with architects and professional engineers	59
in the design of streets, highways, bridges, buildings, and	60
structures with respect to the functional and aesthetic	61
requirements of the area in which such facilities are to be	62
placed.	63

(4) This practice shall include the location and arrangement	64
of such tangible objects and features as are incidental and	65
necessary to the purposes outlined in this section, but shall not	66
include the design of structures or facilities with separate and	67
self-contained purposes for habitation or industry, or the design	68
of public streets and highways, utilities, storm and sanitary	69
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
services only when the landscape architect is qualified by	73
education, training, and experience in the specific technical	74
areas involved. This division shall not be construed to prohibit	75
a landscape architect from engaging individuals performing	76
services outside the scope of the landscape architect's	77
qualifications as consultants.	78

(5) The practice of landscape architecture does not include	79
the practice of surveying as defined in division (F) of section	80
4733.01 of the Revised Code.	81

(C) "Board" means the state board of landscape architect	82
examiners.	83

Sec. 4703.31.  (A) There is hereby created the state board	84
of landscape architect examiners. SaidThe board shall consist of	85
five members appointed by the governor. All appointments made to	86
the board shall be for a five-year term commencing on the eleventh	87
day of November and ending on the tenth day of November. Each	88
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
until a period of sixty days has elapsed, whichever occurs first.	93
Three of the members shall be landscape architects registered	94
under sections 4703.33 to 4703.37 of the Revised Code for not less	95
than five years prior to appointment to the board. One member	96
shall be appointed from an allieda licensed design profession and	97
one member shall represent the public. Any member of the board	98
may be removed by the governor at any time for cause.	99

(B) In the event of a vacancy in the office of a member of	100
the board other than by reason of the expiration of a term, the	101
governor, not later than ninety days after the occurrence of the	102
vacancy, shall appoint a person to hold office for the remainder	103
of the unexpired term.	104

(C) The board shall elect from its members a president and a	105
secretary who shall hold suchthose offices for one year.	106

(D) Each member of the board shall receive as a part of the	107
expense of the board an amount fixed pursuant to division (J) of	108
section 124.15 of the Revised Code for each day actually employed	109
in the discharge of his official duties, along with his other	110
necessary expenses.	111

(E) The board shall meet at least twice each calendar year	112
for purposes of transacting regular business and may hold other	113
meetings upon the call of the president or a majority of the	114
members of the board after reasonable notice to the other board	115
members of the time and place of the meeting. Three members of	116
the board shall constitute a quorum for the transaction of	117
business.	118

(F) The board shall utilize the physical facilities and	119
administrative staff of the state board of examiners of architects	120
for the discharge of all the board's administrative duties in	121
connection with the administration and enforcement of sections	122
4703.30 to 4703.494703.52 of the Revised Code. The state board	123
of landscape architect examiners shall bear a proportionate share	124
of the cost of suchthose administrative services, which shall not	125
exceed its revenue.	126

Sec. 4703.32.  (A) No person shall engage in the practice of	127
landscape architecture or use the title of "landscape architect"	128
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
intended to restrict or otherwise affect the right of any	135
individual to practice architecture under sections 4703.01 to	136
4703.19 of the Revised Code, or engineering under sections 4733.01	137
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
"general contractor," "landscape contractor," "land developer,"	149
"golf course architect," or "golf course designer," provided that	150
no individual shall engage in the practice of landscape	151
architecture or use the title "landscape architect" unless hethe	152
person has complied with sections 4703.30 to 4703.49 of the	153
Revised Code.	154

(D) Nothing in sections 4703.30 to 4703.49 of the Revised	155
Code prevents a vendor of goods, services, or materials, including	156
nurserypersons, landscape nurserypersons, gardeners, landscape	157
gardeners, landscape designers, general or landscape contractors,	158
land developers, and golf course architects or golf course	159
designers, from providing drawings or graphic diagrams that are	160
necessary for the proper layout of the vendor's goods or materials	161
for public or private land or arranging for the installation of	162
the goods or materials. Nothing in sections 4703.30 to 4703.49 of	163
the Revised Code prevents a landscape designer from engaging in,	164
for a fee, the design of spaces utilizing plant materials and	165
ancillary paving and building materials or arranging for the	166
installation of the materials. Nothing in sections 4703.30 to	167
4703.49 of the Revised Code shall be construed in any manner to	168
prohibit a person from designing or preparing drawings or	169
specifications for any real property owned by that person.	170

(E) Each landscape architect, upon registration by the state	171
board of landscape architect examiners, may obtain a stamp of the	172
design authorized by the board, bearing the name of the	173
registrant, date of registration, number of certificate, and the	174
legend "registered landscape architect." All professional	175
documents, including maps, plans, designs, drawings,	176
specifications, estimates, and reports, issued by a registrant may	177
be stamped only while the registrant's certificate is in full	178
force and effect.	179

Sec. 4703.33.  (A) The state board of landscape architect	180
examiners may adopt, promulgate, modifyamend, and enforce rules	181
governing the standards for education, experience, services,	182
conduct, and practice to be followed in the practice of the	183
profession of landscape architecture in accordance with Chapter	184
119. of the Revised Code.	185

(B) The board shall hold examinations not less than once	186
annually and shall register as a landscape architect each	187
applicant who demonstrates to the satisfaction of the board that	188
hethe applicant has met all the requirements of section 4703.34	189
of the Revised Code or, in lieu thereof, has complied with the	190
provisions of section 4703.341 of the Revised Code.	191

(C) The board shall issue to each individual registered	192
pursuant to this section a certificate of qualification.	193

(D) The board shall appoint at least one of its members as a	194
delegate to each regional and annual meeting of the council of	195
landscape architectural registration boards.	196

Sec. 4703.332. (A) Notwithstanding any other provision of	197
sections 4703.30 to 4703.49 of the Revised Code, any person	198
performing labor or providing services pursuant to a construction	199
contract may offer or provide landscape architectural services in	200
connection with the person's other labor or services if all of the	201
following apply:	202

(1) The person employs a landscape architect registered	203
under sections 4703.30 to 4703.49 of the Revised Code or enters	204
into a contract with a firm, partnership, association, limited	205
liability company, or corporation with a valid certificate of	206
authorization granted under sections 4703.30 to 4703.49 of the	207
Revised Code to provide landscape architectural services.	208

(2) The person intending to perform the actual construction	209
of an improvement to real property as part of a design-build	210
contract offers the landscape architectural services.	211

(3) The contractor, the landscape architect registered under	212
sections 4703.30 to 4703.49 of the Revised Code, or the firm,	213
partnership, association, limited liability company, or	214
corporation with a valid certificate of authorization granted	215
under section 4703.331 of the Revised Code meets the requirements	216
of section 153.70 of the Revised Code when design-build services	217
are provided to a public authority as defined in section 153.65 of	218
the Revised Code.	219

(B) Except as otherwise provided in this section, no person	220
without a certificate of authorization shall offer landscape	221
architectural services or engage in the practice of landscape	222
architecture pursuant to any construction contract whose terms are	223
to be performed by another person or represent to the public that	224
the person engages in the practice of landscape architecture or	225
provides landscape architectural services without a valid	226
certificate of authorization.	227

(C) As used in this section:

228

(1) "Construction contract" means any oral or written	229
agreement that involves any activity in connection with an	230
alteration, repair, replacement, renovation, or installation	231
project that is related to land or water resources.	232

(2) "Design-build" means a project delivery system for	233
improvements to real property by which a person is solely	234
responsible contractually as a contractor, as defined in section	235
4113.61 of the Revised Code, to an owner for both the design and	236
construction of the improvement, which design and construction may	237
include a performance-based specification established by the owner	238
rather than a specific design as an improvement goal.	239

Sec. 4703.34.  (A) Any individual desiring to be registered	240
as a landscape architect may apply in writing to the state board	241
of landscape architect examiners in the manner prescribed by the	242
board.	243

(B) Except as provided in section 4703.35 of the Revised	244
Code, each application shall include, or be accompanied by,	245
evidence given under oath or affirmation and satisfactory to the	246
board that the applicant possesses the qualifications prescribed	247
by division (C) of this section and also possesses, or is in the	248
process of obtaining, one of the qualifications required by	249
division (D) of this section. Each applicant shall include in his	250
the application a request for examination. The board shall permit	251
an applicant who is in the process of completing the requirement	252
specified in division (D) of this section to take an examination,	253
but the board shall not register such an applicant until the	254
applicant completes the requirement.	255

(C) Except as provided in section 4703.35 of the Revised	256
Code, each applicant for registration as a landscape architect	257
shall pass, to the satisfaction of the board, an examination	258
conducted under the authority of the board, to determine the	259
fitness of the applicant for registration. SuchThe applicant	260
shall be at least eighteen years of age, beand of good moral	261
character, and shall meet all of the following requirements:	262

(1) Hashave obtained a professional degree in landscape	263
architecture from a program recognizedaccredited by the national	264
landscape architect accrediting board. The applicant may	265
substitute two years or equivalent, practical experience in the	266
office of, and under the direct supervision of, a registered	267
landscape architect who is actively involved in the practice of	268
landscape architecture, for each year of professional education as	269
required by the board.	270

(2)(D) In addition to the qualifications required by division	271
(C) of this section, the applicant shall meet either of the	272
following requirements:	273

(1) Has completed twothree years of practical experience in	274
the office of or under the direct supervision of a registered	275
landscape architect who is actively involved in the practice of	276
landscape architecture, or equivalent experience, as determined by	277
the board, provided however, that at least one year of the	278
practical experience or its equivalent as required by this	279
division (D)(1)of this section shall have been completed by the	280
applicant subsequent to the completion of the educational	281
requirements established by division (C)(1) of this section;	282

(2) Has completed the requirements for training under an	283
internship program established pursuant to rules adopted by the	284
board that includes, but is not limited to, training in design and	285
construction documents and construction administration and office	286
management, or has equivalent experience that is acceptable to the	287
board.	288

Sec. 4703.36.  (A) The state board of landscape architect	289
examiners shall register as a landscape architect each applicant	290
who demonstrates to the satisfaction of the board that the	291
applicant has met all requirements of section 4703.34 of the	292
Revised Code, or, in lieu thereof, has complied with the	293
provisions of section 4703.341 or 4703.35 of the Revised Code.	294
The certificate issued to each individual shall be prima-facie	295
evidence of the right of the individual to whom it is issued to	296
represent self as a landscape architect and to enter the practice	297
of landscape architecture, subject to sections 4703.30 to 4703.49	298
of the Revised Code.	299

(B) Each certificate of qualification issued and registered	300
shall authorize the holder to practice landscape architecture as a	301
landscape architect in this state until the last day of October of	302
each odd-numbered calendar year, unless revoked or suspended for	303
cause as provided in this chapter or suspended pursuant to section	304
3123.47 of the Revised Code. License renewal shall be conducted	305
in accordance with the standard license renewal procedure in	306
Chapter 4745. of the Revised Code. Each renewal shall be recorded	307
in the official register of the board.	308

(C) Each person registered by the board shall secure a seal	309
of the design prescribed by the board. All plans, specifications,	310
drawings, and other documents prepared by, or under the direct	311
supervision of, the landscape architect shall be imprinted with	312
suchthe seal, in accordance with the requirements of the board.	313

(D) Each certificate of authorization issued under division	314
(F) of section 4703.331 of the Revised Code shall authorize the	315
holder to provide landscape architectural services, through the	316
landscape architect designated as being in responsible charge of	317
the landscape architectural activities and decisions, from the	318
date of issuance until the last day of June next succeeding the	319
date upon which the certificate was issued unless the certificate	320
has been suspended or revoked for cause as provided in section	321
4703.42 of the Revised Code.	322

Sec. 4703.41.  The state board of landscape architect	323
examiners may refuse to register any applicant or refuse to issue	324
a certificate of authorization to any applicant, may refuse to	325
renew the registration of any landscape architect registered under	326
sections 4703.30 to 4703.49 or a certificate of authorization	327
issued under division (F) of section 4703.331 of the Revised Code,	328
or may suspend for a period not exceeding one year or revoke the	329
registration of any landscape architect registered under sections	330
4703.30 to 4703.49,or a certificate of authorization issued under	331
division (F) of section 4703.331, or a permit issued under section	332
4703.39 of the Revised Code when the registrant, permit holder, or	333
holder of a certificate of authorization does any of the	334
following:	335

(A) Has obtained or attempted to obtain registration, a	336
permit, or a certificate of authorization under sections 4703.30	337
to 4703.49 of the Revised Code by fraud or material	338
misrepresentation;	339

(B) Is impersonating or has attempted to impersonate a	340
landscape architect or a former landscape architect;	341

(C) Is found by the board to have been guilty of fraud,	342
deceit, or gross negligence in the practice of landscape	343
architecture or in providing landscape architectural services;	344

(D) Has affixed histhe registrant's or certificate holder's	345
signature to plans, drawings, specifications, or other	346
professional documents whichthat have not been prepared by him	347
the registrant or certificate holder or under histhe registrant's	348
or certificate holder's immediate and responsible direction, or	349
has permitted histhe registrant's or certificate holder's name to	350
be used for the purpose of assisting any individual, not a	351
landscape architect, to evade sections 4703.30 to 4703.49 of the	352
Revised Code;	353

(E) Fails the examination under section 4703.33 of the	354
Revised Code;	355

(F) Is found by the board to have violated any rule	356
governing the standards for education, experience, services,	357
conduct, and practice or any rule adopted by the board under	358
sections 4703.30 to 4703.49 of the Revised Code.	359

Sec. 4703.42.  (A) Under section 4703.41 of the Revised	360
Code, the state board of landscape architect examiners shall not	361
refuse to renew the registration of any landscape architect	362
registered under sections 4703.30 to 4703.49 or a certificate of	363
authorization issued under division (F) of section 4703.331 of the	364
Revised Code, or suspend or revoke the registration of any	365
landscape architect registered under suchthose sections, a permit	366
issued under section 4703.39, or a certificate of authorization	367
issued under division (F) of section 4703.331 of the Revised Code,	368
without at least twenty days' notice to the applicant, registered	369
landscape architect, individual who holds a permit, or other	370
interested party, who shall be entitled to a hearing by the board	371
under sections 119.01 to 119.13 of the Revised Code. At least ten	372
days before the date of the hearing, the board shall notify the	373
applicant, registered landscape architect, individual who holds a	374
permit, or other interested party of the nature of the matters to	375
be presented at suchthe hearing. Within thirty days after the	376
hearing, the board shall give notice of its final decision to the	377
applicant, registered landscape architect, individual who holds a	378
permit, or other interested party.	379

(B) As used in this section, "other interested party" means	380
any firm, partnership, or association holding a certificate of	381
authorization issued under division (F) of section 4703.331 of the	382
Revised Code or, in the case of a corporation holding such a	383
certificate, the corporation's agent as described in section	384
1701.07 of the Revised Code.	385

Sec. 4703.44.  Unless otherwise provided in section 4703.42	386
of the Revised Code, the administrative procedures of the state	387
board of landscape architect examiners shall be governed by	388
Chapter 119. of the Revised Code, and the president of the board	389
and histhe president's authorized representatives may administer	390
oaths, take depositions, and issue subpoenas to compel the	391
attendance of witnesses and the production of books, papers,	392
records, memoranda, or other information necessary to the carrying	393
out of sections 4703.30 to 4703.494703.52 of the Revised Code.	394

Sec. 4703.45.  No person shall do either of the following:

395

(A) Obtain or attempt to obtain registration as a landscape	396
architect or a certificate of authorization under division (F) of	397
section 4703.331 of the Revised Code by fraud or material	398
misrepresentation;	399

(B) Willfully make a false oath or affirmation under section	400
4703.34, 4703.341,or 4703.35, or 4703.39 of the Revised Code.	401

Sec. 4703.46. (A) The state board of landscape architect	402
examiners may, upon its own motion or upon the verified complaint	403
in writing of any person, may investigate any alleged violation of	404
sections 4703.30 to 4703.494703.52 of the Revised Code. The	405
board may, in its discretion, may disregard any complaint filed	406
more than two years after the act or omission alleged as a	407
violation of suchthose sections.	408

(B)The board may apply to any court of competent	409
jurisdiction for relief by injunction or restraining order to	410
enjoin or restrain a person, firm, corporation, partnership,	411
limited liability company, or other group or combination of	412
persons from the commission of any act that is prohibited by	413
sections 4703.30 to 4703.52 of the Revised Code or by rules	414
adopted by the board under sections 4703.30 to 4703.49 of the	415
Revised Code that govern the standards of service, conduct, and	416
practice to be followed in the practice of landscape architecture.	417

Sec. 4703.49.  The attorney general is hereby designated as	418
the legal advisor of the state board of landscape architect	419
examiners.	420

The prosecuting attorney in each of the counties shall	421
prosecute by court action all violations of sections 4703.30 to	422
4703.494703.52 of the Revised Code, occurring in histhe	423
prosecuting attorney's jurisdiction as may be presented for	424
prosecution by the board.	425

Section 2.  That existing sections 4703.30, 4703.31, 4703.32,	426
4703.33, 4703.34, 4703.36, 4703.41, 4703.42, 4703.44, 4703.45,	427
4703.46, and 4703.49, and sections 4703.341 and 4703.39 of the	428
Revised Code are hereby repealed.	429