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Sub. H. B. No. 214As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Willamowski, Olman, Wolpert, Goodman, Collier, Lendrum, Raga, Flowers, Schmidt, Hagan, G. Smith, Salerno
SENATORS Blessing, Mumper, Goodman
A BILL
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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