Section 1. That sections 119.06, 4703.071, 4703.15, 4703.30, | 16 |
4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, 4703.36, | 17 |
4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, 4703.50, | 18 |
4703.52, 4703.53, and 4703.99 be amended and section 4703.411 of | 19 |
the Revised Code be enacted to read as follows: | 20 |
Unless a hearing was held prior to the refusal to issue the | 53 |
license, every agency shall afford a hearing upon the request of a | 54 |
person whose application for a license has been rejected and to | 55 |
whom the agency has refused to issue a license, whether it is a | 56 |
renewal or a new license, except that the following are not | 57 |
required to afford a hearing to a person to whom a new license has | 58 |
been refused because the person failed a licensing examination: | 59 |
the state medical board, state chiropractic board, board of | 60 |
examiners of architects board, board ofOhio landscape
architect | 61 |
examinersarchitects board, and any section of the Ohio | 62 |
occupational therapy, physical therapy, and athletic trainers | 63 |
board. | 64 |
Sec. 4703.15. (A) The architects board may by three | 108 |
concurring votes deny renewal of, revoke, or suspend any | 109 |
certificate of qualification to practice architecture, issued or | 110 |
renewed under sections 4703.10, 4703.13, and 4703.14 of the | 111 |
Revised Code, or any certificate of authorization, issued or | 112 |
renewed under sections 4703.13 and 4703.18 of the Revised Code, if | 113 |
proof satisfactory to the board is presented in any of the | 114 |
following cases: | 115 |
At any time after the expiration of six months from the date | 137 |
of the revocation or suspension of a certificate, the individual, | 138 |
firm, partnership, association, or corporation may apply for | 139 |
reinstatement of the certificate. Upon showing that all loss | 140 |
caused by the individual, firm, partnership, association, or | 141 |
corporation whose certificate has been revoked or suspended has | 142 |
been fully satisfied and that all conditions imposed by the | 143 |
revocation or suspension decision have been complied with, and | 144 |
upon the payment of all costs incurred by the board as a result of | 145 |
the case at issue, the board, at its discretion and upon evidence | 146 |
that in its opinion would so warrant, may restore the certificate. | 147 |
(B) In addition to disciplinary action the board may take | 148 |
against a certificate holder under division (A) of this section or | 149 |
section 4703.151 of the Revised Code, the board may impose a fine | 150 |
against a certificate holder who obtained a certificate by fraud | 151 |
or who is found guilty of any act specified in divisions (A)(2) to | 152 |
(A)(5) of this section or who violates any rule governing the | 153 |
standards of service, conduct, and practice adopted pursuant to | 154 |
section 4703.02 of the Revised Code. The fine imposed shall be not | 155 |
more than one thousand dollars for each offense but shall not | 156 |
exceed five thousand dollars regardless of the number of offenses | 157 |
the certificate holder has committed between the time the fine is | 158 |
imposed and the time any previous fine was imposed. | 159 |
(1) The preparation of master, site, and comprehensive | 174 |
development plans, the preparation of feasibility and site | 175 |
selection studies, and the supervision of the execution of | 176 |
projects thereon, in accordance with the accepted professional | 177 |
standards of public health, welfare, and safety, where the | 178 |
dominant purpose of such service involves: | 179 |
(b) The determination of settings, grounds, and approaches | 185 |
for buildings and structures or other improvements; the | 186 |
determination of environmental problems of land relating to | 187 |
erosion and sediment control, flooding, blight and other hazards; | 188 |
the shaping and contouring of land and water forms; the | 189 |
determination of grades; and the determination of surface and | 190 |
ground water drainage and providing for drainage systems where | 191 |
such systems do not require structural design of system components | 192 |
or a hydraulic analysis of the receiving storm water conveyance | 193 |
system; | 194 |
(4) This practice shall include the location and arrangement | 213 |
of such tangible objects and features as are incidental and | 214 |
necessary to the purposes outlined in this section, but shall not | 215 |
include the design of structures or facilities with separate and | 216 |
self-contained purposes for habitation or industry, or the design | 217 |
of streets and highways, utilities, storm and sanitary sewers, and | 218 |
water and sewage treatment facilities, such as are exclusive to | 219 |
the practice of engineering or architecture. A landscape architect | 220 |
shall undertake to perform professional services only when the | 221 |
landscape architect is qualified by education, training, and | 222 |
experience in the specific technical areas involved. This division | 223 |
shall not be construed to prohibit a landscape architect from | 224 |
engaging individuals performing services outside the scope of the | 225 |
landscape architect's qualifications as consultants. | 226 |
Sec. 4703.31. (A) There is hereby created the state board of | 232 |
Ohio landscape architect examinersarchitects board. The board | 233 |
shall consist of five members appointed by the governor. All | 234 |
appointments made to the board shall be for a five-year term | 235 |
commencing on the eleventh day of November and ending on the tenth | 236 |
day of November. Each member shall hold office from the date of | 237 |
appointment until the end of the term to which the member was | 238 |
appointed. Any member shall continue in office subsequent to the | 239 |
expiration date of the member's term until the member's successor | 240 |
is appointed, or until a period of sixty days has elapsed, | 241 |
whichever occurs first. Three of the members shall be landscape | 242 |
architects registered under sections 4703.33 to 4703.37 of the | 243 |
Revised Code for not less than five years prior to appointment to | 244 |
the board. One member shall be appointed from a licensed design | 245 |
profession and one member shall represent the public. Any member | 246 |
of the board may be removed by the governor at any time for cause. | 247 |
Sec. 4703.32. (A) No person shall engage in the practice of | 275 |
landscape architecture or use the title of "landscape architect," | 276 |
"professional landscape architect," or "registered landscape | 277 |
architect" or any title, sign, card, or device indicating, or | 278 |
tending to indicate, or represent in any manner that the person is | 279 |
a landscape architect, professional landscape architect, or | 280 |
registered landscape architect, unless the person is registered | 281 |
under sections 4703.30 to 4703.49 of the Revised Code. | 282 |
(B) Notwithstanding division (A) of this section, the Ohio | 292 |
landscape architects board may authorize any person to use the | 293 |
title "emeritus landscape architect." An emeritus landscape | 294 |
architect is an individual who has been registered to practice | 295 |
landscape architecture in this state for at least ten years, is | 296 |
fully retired from the practice of landscape architecture, and is | 297 |
at least sixty-five years old. An emeritus landscape architect is | 298 |
exempt from the continuing education and fee requirements of | 299 |
sections 4703.30 to 4703.49 of the Revised Code. | 300 |
(C) Sections 4703.30 to 4703.49 of the Revised Code are not | 301 |
intended to restrict or otherwise affect the right of any | 302 |
individual to practice architecture under sections 4703.01 to | 303 |
4703.19 of the Revised Code or engineering under sections 4733.01 | 304 |
to 4733.27 of the Revised Code. This division does not exclude a | 305 |
registered architect from the practice of landscape architecture | 306 |
that is incidental to the practice of architecture or exclude a | 307 |
landscape architect from the practice of architecture that is | 308 |
incidental to the practice of landscape architecture. | 309 |
(C)(D) Sections 4703.30 to 4703.49 of the Revised Code do not | 310 |
affect the right of any individual to engage in the occupation of | 311 |
growing or marketing nursery stock or to use the title | 312 |
"nurseryperson," "landscape nurseryperson," "gardener," "landscape | 313 |
gardener," "landscape designer," "general contractor," "landscape | 314 |
contractor," "land developer," "golf course architect," or "golf | 315 |
course designer," provided that no individual shall engage in the | 316 |
practice of landscape architecture or use the title "landscape | 317 |
architect," "professional landscape architect," or "registered | 318 |
landscape architect," unless the person has complied with sections | 319 |
4703.30 to 4703.49 of the Revised Code. | 320 |
(D)(E) Nothing in sections 4703.30 to 4703.49 of the Revised | 321 |
Code prevents a vendor of goods, services, or materials, including | 322 |
nurserypersons, landscape nurserypersons, gardeners, landscape | 323 |
gardeners, landscape designers, general or landscape contractors, | 324 |
land developers, and golf course architects or golf course | 325 |
designers, from providing drawings or graphic diagrams that are | 326 |
necessary for the proper layout of the vendor's goods or materials | 327 |
for public or private land or arranging for the installation of | 328 |
the goods or materials. Nothing in sections 4703.30 to 4703.49 of | 329 |
the Revised Code prevents a landscape designer from engaging in, | 330 |
for a fee, the design of spaces utilizing plant materials and | 331 |
ancillary paving and building materials or arranging for the | 332 |
installation of the materials. Nothing in sections 4703.30 to | 333 |
4703.49 of the Revised Code shall be construed in any manner to | 334 |
prohibit a person from designing or preparing drawings or | 335 |
specifications for any real property owned by that person. | 336 |
(E)(F) Each landscape architect, upon registration by the | 337 |
state board ofOhio landscape architect examinersarchitects | 338 |
board, may obtain a stamp of the design authorized by the board, | 339 |
bearing the name of the registrant, date of registration, number | 340 |
of certificate, and the legend "registered landscape architect," | 341 |
"professional landscape architect," or "landscape architect." All | 342 |
professional documents, including maps, plans, designs, drawings, | 343 |
specifications, estimates, and reports, issued by a registrant may | 344 |
be stamped only while the registrant's certificate is in full | 345 |
force and effect. | 346 |
Sec. 4703.33. (A) The state board ofOhio landscape | 347 |
architect examinersarchitects board, in accordance with Chapter | 348 |
119. of the Revised Code, may adopt, amend, and enforce rules | 349 |
governing the standards for education, experience, services, | 350 |
conduct, and practice to be followed in the practice of the | 351 |
profession of landscape architecture and rules pertaining to the | 352 |
satisfactory completion of continuing education requirements. If | 353 |
the board adopts rules pertaining to continuing education | 354 |
requirements, the board shall specify in the rules that the | 355 |
continuing education requirements may be satisfied by coursework | 356 |
or activities dealing with technical, ethical, or managerial | 357 |
topics relevant to the practice of landscape architecture and that | 358 |
a registrant may earn continuing professional education hours by | 359 |
completing or teaching university or college level coursework; | 360 |
attending seminars, workshops, or conferences; authoring relevant | 361 |
published papers, articles, or books; receiving patent awards; | 362 |
actively participating in professional or technical societies | 363 |
serving the landscape architecture profession, or actively | 364 |
participating in any other activity deemed relevant by the board. | 365 |
If the board adopts rules pertaining to continuing education | 366 |
requirements, the board shall, in general, follow model continuing | 367 |
education recommendations established by the council of landscape | 368 |
architectural registration boards or a similar successor | 369 |
organization. | 370 |
(B) No firm, partnership, association, limited liability | 387 |
company, or corporation shall provide landscape architectural | 388 |
services, hold itself out to the public as providing landscape | 389 |
architectural services, or use a name including the word | 390 |
"landscape architect," "professional landscape architect," or | 391 |
"registered landscape architect" or any modification or derivation | 392 |
of the wordthose words, unless the firm, partnership, | 393 |
association, limited liability company, or corporation files all | 394 |
information required to be filed under this section with the state | 395 |
board ofOhio landscape
architect examinersarchitects board and | 396 |
otherwise complies with all requirements of this chapter. A | 397 |
nonprofit membership corporation may use a name including the word | 398 |
"landscape architect," "professional landscape architect," or | 399 |
"registered landscape architect" or any modification or derivation | 400 |
of the wordthose words without complying with this section. | 401 |
(C) A corporation may be organized under Chapter 1701. of the | 402 |
Revised Code, a professional association may be organized under | 403 |
Chapter 1785. of the Revised Code, or a limited liability company | 404 |
may be formed under Chapter 1705. of the Revised Code for the | 405 |
purpose of providing professional engineering, surveying, | 406 |
architectural, or landscape architectural services, or any | 407 |
combination of those services. A corporation organized under | 408 |
Chapter 1701. of the Revised Code for the purpose of providing | 409 |
those services also may be organized for any other purpose in | 410 |
accordance with that chapter. | 411 |
(D) No firm, partnership, association, limited liability | 412 |
company, or corporation shall provide or offer to provide | 413 |
landscape architectural services in this state unless more than | 414 |
fifty per cent of the partners, members, or shareholders, more | 415 |
than fifty per cent of the directors in the case of a corporation | 416 |
or professional association, more than fifty per cent of the | 417 |
managers in the case of a limited liability company the management | 418 |
of which is not reserved to its members, and more than fifty per | 419 |
cent of the trustees in the case of an employee stock ownership | 420 |
plan, are professional engineers, surveyors, architects, or | 421 |
landscape architects or a combination of those professions, who | 422 |
are registered in this or any other state and who own more than | 423 |
fifty per cent of the interests in the firm, partnership, | 424 |
association, limited liability company, or corporation; unless the | 425 |
requirements of this division and of section 1785.02 of the | 426 |
Revised Code are satisfied with respect to any professional | 427 |
association organized under Chapter 1785. of the Revised Code; or | 428 |
unless the requirements of this division and of Chapter 1705. of | 429 |
the Revised Code are satisfied with respect to a limited liability | 430 |
company formed under that chapter. | 431 |
(E) Each firm, partnership, association, limited liability | 432 |
company, or corporation through which landscape architectural | 433 |
services are offered or provided in this state shall designate one | 434 |
or more trustees, partners, managers, members, officers, or | 435 |
directors as being in responsible charge of the professional | 436 |
landscape architectural activities and decisions, and those | 437 |
designated persons shall be registered in this state. Each firm, | 438 |
partnership, association, limited liability company, or | 439 |
corporation of that type shall annually file with the state board | 440 |
of landscape architect examiners the name and address of each | 441 |
trustees, partner, manager, officer, director, member, or | 442 |
shareholder, and each firm, partnership, association, limited | 443 |
liability company, or corporation of that type shall annually file | 444 |
with the board the name and address of all persons designated as | 445 |
being in responsible charge of the professional landscape | 446 |
architectural activities and decisions and any other information | 447 |
the board may require. If there is a change in any such person in | 448 |
the interval between filings, the change shall be filed with the | 449 |
board in the manner and within the time that the board determines. | 450 |
(F) No corporation organized under Chapter 1701. of the | 451 |
Revised Code shall engage in providing landscape architectural | 452 |
services in this state without obtaining a certificate of | 453 |
authorization from the state board of landscape architect | 454 |
examiners. A corporation desiring a certificate of authorization | 455 |
shall file with the board a copy of its articles of incorporation | 456 |
and a listing on the form that the board directs of the names and | 457 |
addresses of all trustees, officers, directors, and shareholders | 458 |
of the corporation, the names and addresses of any individuals | 459 |
providing professional services on behalf of the corporation who | 460 |
are registered to practice landscape architecture in this state, | 461 |
and any other information the board requires. If all requirements | 462 |
of this chapter are met, the board may issue a certificate of | 463 |
authorization to the corporation. No certificate of authorization | 464 |
shall be issued unless persons owning more than fifty per cent of | 465 |
the corporation's shares and more than fifty per cent of the | 466 |
interests in the corporation are professional engineers, | 467 |
surveyors, architects, or landscape architects, or a combination | 468 |
of those professions, who are registered in this or any other | 469 |
state. Any corporation that holds a certificate of authorization | 470 |
under this section and otherwise meets the requirements of this | 471 |
chapter may be organized for any purposes for which corporations | 472 |
may be organized under Chapter 1701. of the Revised Code and shall | 473 |
not be limited to the purposes of providing professional | 474 |
engineering, surveying, architectural, or landscape architectural | 475 |
services or any combination of those services. The board, by rules | 476 |
adopted in accordance with Chapter 119. of the Revised Code, may | 477 |
require any firm, partnership, association, or limited liability | 478 |
company not organized under Chapter 1701. of the Revised Code that | 479 |
provides landscape architectural services to obtain a certificate | 480 |
of authorization. If the board so requires, no firm, partnership, | 481 |
association, or limited liability company shall engage in | 482 |
providing landscape architectural services without obtaining the | 483 |
certificate and complying with the rules. | 484 |
(B) Except as provided in section 4703.35 of the Revised | 498 |
Code, each application shall include, or be accompanied by, | 499 |
evidence given under oath or affirmation and satisfactory to the | 500 |
board that the applicant possesses the qualifications prescribed | 501 |
by division (C) of this section and also possesses, or is in the | 502 |
process of obtaining, one of the qualifications required by | 503 |
division (D) of this section. Each applicant shall include in the | 504 |
application a request for examination. The board shall permit an | 505 |
applicant who is in the process of completing the requirement | 506 |
specified in division (D) of this section to take an examination, | 507 |
but the board shall not register such an applicant until the | 508 |
applicant completes the requirement. | 509 |
(C) Except as provided in section 4703.35 of the Revised | 510 |
Code, each applicant for registration as a landscape architect | 511 |
shall pass, to the satisfaction of the board, an examination | 512 |
conducted under the authority of the board to determine the | 513 |
fitness of the applicant for registration. The applicant shall be | 514 |
at least eighteen years of age and of good moral character and | 515 |
shall have obtained a professional degree in landscape | 516 |
architecture from a program accredited by the national landscape | 517 |
architect accrediting board. | 518 |
(1) Has completed three years of practical experience in the | 522 |
office of and under the direct supervision of a registered | 523 |
landscape architect who is actively involved in the practice of | 524 |
landscape architecture, or equivalent experience, as determined by | 525 |
the board, provided that at least one year of the practical | 526 |
experience or its equivalent as required by division (D)(1) of | 527 |
this section shall have been completed by the applicant subsequent | 528 |
to the completion of the educational requirements established by | 529 |
division (C) of this section; | 530 |
Sec. 4703.35. The state board ofOhio landscape architect | 537 |
examinersarchitects board shall register as a landscape architect | 538 |
any individual who is at least eighteen years of age and who | 539 |
provides evidence satisfactory to the board that hethe individual | 540 |
is a registered or licensed landscape architect in another sate | 541 |
state or country in which the qualifications, at the time of | 542 |
licensure, were substantially equal, in the opinion of the board, | 543 |
to the requirements for registration as a landscape architect in | 544 |
this state. The board may require that an applicant for | 545 |
registration under this section hold a current council record or | 546 |
certificate in good standing issued by the council of landscape | 547 |
architectural registration boardboards. | 548 |
Sec. 4703.36. (A) The state board ofOhio landscape | 549 |
architect examinersarchitects board shall register as a landscape | 550 |
architect each applicant who demonstrates to the satisfaction of | 551 |
the board that the applicant has met all requirements of section | 552 |
4703.34 of the Revised Code or, in lieu thereof, has complied with | 553 |
section 4703.35 of the Revised Code. The certificate issued to | 554 |
each individual shall be prima-facie evidence of the right of the | 555 |
individual to whom it is issued to represent self as a landscape | 556 |
architect and to enter the practice of landscape architecture, | 557 |
subject to sections 4703.30 to 4703.49 of the Revised Code. | 558 |
(B) Each certificate of qualification issued and registered | 559 |
shall authorize the holder to practice landscape architecture as a | 560 |
landscape architect in this state until the last day of
October | 561 |
December of each odd-numberedeven-numbered calendar year, unless | 562 |
revoked or suspended for cause as provided in this chapter or | 563 |
suspended pursuant to section 3123.47 of the Revised Code. License | 564 |
renewal shall be conducted in accordance with the standard license | 565 |
renewal procedure in Chapter 4745. of the Revised Code. Each | 566 |
applicant for license renewal shall demonstrate satisfactory | 567 |
completion of any continuing education requirements the state | 568 |
board of landscape architect examiners adopts under section | 569 |
4703.33 of the Revised Code. Each renewal shall be recorded in the | 570 |
official register of the board. | 571 |
(D) Each certificate of authorization issued under division | 577 |
(F) of section 4703.331 of the Revised Code shall authorize the | 578 |
holder to provide landscape architectural services, through the | 579 |
landscape architect designated as being in responsible charge of | 580 |
the landscape architectural activities and decisions, from the | 581 |
date of issuance until the last day of June next succeeding the | 582 |
date upon which the certificate was issued unless the certificate | 583 |
has been suspended or revoked for cause as provided in section | 584 |
4703.424703.41 of the Revised Code. | 585 |
(B) The fee to restore an expired certificate of | 591 |
qualification is the renewal fee for the current certification | 592 |
period, plus the renewal fee for each previous renewal period in | 593 |
which the certificate was not renewed, plus a penalty of | 594 |
twenty-five per cent of the total renewal fees for each renewal | 595 |
period or part thereof in which the certificate was not renewed, | 596 |
on the condition that the maximum fee shall not exceed an amount | 597 |
established by the board. | 598 |
Sec. 4703.41. The state board ofOhio landscape architect | 625 |
examinersarchitects board may refuse to register any applicant or | 626 |
refuse to issue a certificate of authorization to any applicant, | 627 |
may refuse to renew the registration of any landscape architect | 628 |
registered under sections 4703.30 to 4703.49 or a certificate of | 629 |
authorization issued under division (F) of section 4703.331 of the | 630 |
Revised Code, or may suspend for a period not exceeding one year | 631 |
or revoke the registration of any landscape architect registered | 632 |
under sections 4703.30 to 4703.49 of the Revised Code or a | 633 |
certificate of authorization issued under division (F) of section | 634 |
4703.331 of the Revised Code, or may fine a person when the | 635 |
registrant or, holder of a certificate of authorization, or other | 636 |
person does any of the following: | 637 |
(D) Has affixed the registrant's or certificate holder's | 647 |
signature to plans, drawings, specifications, or other | 648 |
professional documents that have not been prepared by the | 649 |
registrant or certificate holder or under the registrant's or | 650 |
certificate holder's immediate and responsible direction, or has | 651 |
permitted the registrant's or certificate holder's name to be used | 652 |
for the purpose of assisting any individual, not a landscape | 653 |
architect, to evade sections 4703.30 to 4703.49 of the Revised | 654 |
Code; | 655 |
Sec. 4703.44. Unless otherwise provided in section 4703.42 | 685 |
of the Revised Code, theThe administrative procedures of the | 686 |
state board ofOhio landscape architect examinersarchitects board | 687 |
shall be governed by Chapter 119. of the Revised Code, and the | 688 |
president of the board and the president'sboard's authorized | 689 |
representatives may administer oaths, take depositions, and issue | 690 |
subpoenas to compel the attendance of witnesses and the production | 691 |
of books, papers, records, memoranda, or other information | 692 |
necessary to the carrying out of sections 4703.30 to 4703.52 of | 693 |
the Revised Code. | 694 |
(B) The board may apply to any court of competent | 709 |
jurisdiction for relief by injunction or restraining order to | 710 |
enjoin or restrain a person, firm, corporation, partnership, | 711 |
limited liability company, or other group or combination of | 712 |
persons from the commission of any act that is prohibited by | 713 |
sections 4703.30 to 4703.52 of the Revised Code or by rules | 714 |
adopted by the board under sections 4703.30 to 4703.49 of the | 715 |
Revised Code that govern the standards of service, conduct, and | 716 |
practice to be followed in the practice of landscape architecture. | 717 |
Section 2. That existing sections 119.06, 4703.071, 4703.15, | 751 |
4703.30, 4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, | 752 |
4703.36, 4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, | 753 |
4703.50, 4703.52, 4703.53, and 4703.99, and sections 4703.42, | 754 |
4703.43, and 4703.45 of the Revised Code are hereby repealed. | 755 |
Section 3. The amendments to section 4703.36 of the Revised | 756 |
Code shall not apply to certificates of qualification issued prior | 757 |
to the effective date of this act. A certificate of qualification | 758 |
issued prior to the effective date of this act shall authorize the | 759 |
holder to practice landscape architecture as a landscape architect | 760 |
in this state until October 31, 2013, unless revoked or suspended | 761 |
for cause as provided in Chapter 4703. of the Revised Code or | 762 |
suspended pursuant to section 3123.47 of the Revised Code. The | 763 |
holder may renew the certificate in accordance with division (B) | 764 |
of section 4703.36 of the Revised Code, as amended by this act, on | 765 |
or after October 31, 2013. | 766 |
Section 4. Section 4703.32 of the Revised Code is presented | 767 |
in this act as a composite of the section as amended by both Sub. | 768 |
H.B. 214 and Am. Sub. H.B. 337 of the 124th General Assembly. The | 769 |
General Assembly, applying the principle stated in division (B) of | 770 |
section 1.52 of the Revised Code that amendments are to be | 771 |
harmonized if reasonably capable of simultaneous operation, finds | 772 |
that the composite is the resulting version of the section in | 773 |
effect prior to the effective date of the section as presented in | 774 |
this act. | 775 |