130th Ohio General Assembly
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(124th General Assembly)
(Substitute House Bill Number 214)



AN ACT
To amend sections 4703.30, 4703.31, 4703.32, 4703.33, 4703.34, 4703.36, 4703.41, 4703.42, 4703.44, 4703.45, 4703.46, and 4703.49, to enact section 4703.332, and to repeal sections 4703.341 and 4703.39 of the Revised Code to revise the licensing program for landscape architects.

Be it enacted by the General Assembly of the State of Ohio:

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

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

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

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

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

(2) The the preparation of feasibility and site selection studies, and the supervision of the performance execution of projects involving the arranging of land and the elements thereon for public and private use and enjoyment, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures, and the grading of the land, surface and sub soil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape, in accordance with the accepted professional standards of public health, welfare, and safety, where the dominant purpose of such service involves:

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

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

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

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

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

(a) Construction observation;

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

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

(4) This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this section, but shall not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, or the design of public streets and highways, utilities, storm and sanitary sewers, and water and sewage treatment facilities, such as are exclusive to the practice of engineering or architecture. A landscape architect shall undertake to perform professional services only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved. This division shall not be construed to prohibit a landscape architect from engaging individuals performing services outside the scope of the landscape architect's qualifications as consultants.

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

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

Sec. 4703.31.  (A) There is hereby created the state board of landscape architect examiners. Said The board shall consist of five members appointed by the governor. All appointments made to the board shall be for a five-year term commencing on the eleventh day of November and ending on the tenth day of November. Each member shall hold office from the date of appointment until the end of the term to which he the member was appointed. Any member shall continue in office subsequent to the expiration date of his the member's term until a the member's successor is appointed, or until a period of sixty days has elapsed, whichever occurs first. Three of the members shall be landscape architects registered under sections 4703.33 to 4703.37 of the Revised Code for not less than five years prior to appointment to the board. One member shall be appointed from an allied a licensed design profession and one member shall represent the public. Any member of the board may be removed by the governor at any time for cause.

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

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

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

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

(F) The board shall utilize the physical facilities and administrative staff of the state board of examiners of architects for the discharge of all the board's administrative duties in connection with the administration and enforcement of sections 4703.30 to 4703.49 4703.52 of the Revised Code. The state board of landscape architect examiners shall bear a proportionate share of the cost of such those administrative services, which shall not exceed its revenue.

Sec. 4703.32.  (A) No person shall engage in the practice of landscape architecture or use the title of "landscape architect" or any title, sign, card, or device indicating, or tending to indicate, or represent in any manner that he the person is a landscape architect, unless he the person is registered under sections 4703.30 to 4703.49 of the Revised Code, or holds a permit issued under section 4703.39 of the Revised Code.

(B) Sections 4703.30 to 4703.49 of the Revised Code, are not intended to restrict or otherwise affect the right of any individual to practice architecture under sections 4703.01 to 4703.19 of the Revised Code, or engineering under sections 4733.01 to 4733.24 of the Revised Code. This division does not exclude a registered professional engineer or a registered architect from such the practice of landscape architecture as that is incidental to the practice of engineering or architecture or exclude a landscape architect from the practice of architecture that is incidental to the practice of landscape architecture.

(C) Sections 4703.30 to 4703.49 of the Revised Code, do not affect the right of any individual to engage in the occupation of growing or marketing nursery stock, or to use the title "nurseryman nurseryperson," "landscape nurseryman nurseryperson," or "gardener," "landscape gardener," "landscape designer," "general contractor," "landscape contractor," "land developer," "golf course architect," or "golf course designer," provided that no individual shall engage in the practice of landscape architecture or use the title "landscape architect" unless he the person has complied with sections 4703.30 to 4703.49 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

(C) As used in this section:

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

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

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

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

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

(1) Has have obtained a professional degree in landscape architecture from a program recognized accredited by the national landscape architect accrediting board. The applicant may substitute two years or equivalent, practical experience in the office of, and under the direct supervision of, a registered landscape architect who is actively involved in the practice of landscape architecture, for each year of professional education as required by the board.

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

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

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

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

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

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

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

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

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

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

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

(D) Has affixed his the registrant's or certificate holder's signature to plans, drawings, specifications, or other professional documents which that have not been prepared by him the registrant or certificate holder or under his the registrant's or certificate holder's immediate and responsible direction, or has permitted his the registrant's or certificate holder's name to be used for the purpose of assisting any individual, not a landscape architect, to evade sections 4703.30 to 4703.49 of the Revised Code;

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

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

Sec. 4703.42.  (A) Under section 4703.41 of the Revised Code, the state board of landscape architect examiners shall not refuse to renew the registration of any landscape architect registered under sections 4703.30 to 4703.49 or a certificate of authorization issued under division (F) of section 4703.331 of the Revised Code, or suspend or revoke the registration of any landscape architect registered under such those sections, a permit issued under section 4703.39, or a certificate of authorization issued under division (F) of section 4703.331 of the Revised Code, without at least twenty days' notice to the applicant, registered landscape architect, individual who holds a permit, or other interested party, who shall be entitled to a hearing by the board under sections 119.01 to 119.13 of the Revised Code. At least ten days before the date of the hearing, the board shall notify the applicant, registered landscape architect, individual who holds a permit, or other interested party of the nature of the matters to be presented at such the hearing. Within thirty days after the hearing, the board shall give notice of its final decision to the applicant, registered landscape architect, individual who holds a permit, or other interested party.

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

Sec. 4703.44.  Unless otherwise provided in section 4703.42 of the Revised Code, the administrative procedures of the state board of landscape architect examiners shall be governed by Chapter 119. of the Revised Code, and the president of the board and his the president's authorized representatives may administer oaths, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda, or other information necessary to the carrying out of sections 4703.30 to 4703.49 4703.52 of the Revised Code.

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

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

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

Sec. 4703.46.  (A) The state board of landscape architect examiners may, upon its own motion or upon the verified complaint in writing of any person, may investigate any alleged violation of sections 4703.30 to 4703.49 4703.52 of the Revised Code. The board may, in its discretion, may disregard any complaint filed more than two years after the act or omission alleged as a violation of such those sections.

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

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

The prosecuting attorney in each of the counties shall prosecute by court action all violations of sections 4703.30 to 4703.49 4703.52 of the Revised Code, occurring in his the prosecuting attorney's jurisdiction as may be presented for prosecution by the board.

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

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