Chapter 4703:1-1 Applications; Examinations

4703:1-1-01 Definitions.

(A) "Practice" - ample proof of executive and professional responsibility shall be a part of the evidence necessary to establish a record of professional practice. The rendering of landscape architectural services as defined in section 4703.30 of the Revised Code, shall have been the chief occupation of the applicant if said practice is used as a basis for claiming a record of landscape architectural practice.

(B) "Experience" and "training" - are interchangeable terms meaning full-time or part-time employment in landscape architectural work. Employment may be under the direct supervision of an individual registered or licensed to practice landscape architecture under the laws of the state or country in which the work is performed.

(C) "Principal" - a landscape architect who is a sole proprietor of, officer of, legal partner, director, designated landscape architect or shareholder in a firm, partnership, association, corporation, sole proprietorship or government agency. A "principal" is a member of a firm, sole proprietorship, or government agency who is legally liable for the landscape architectural activities of the firm, sole proprietorship or agency.

(D) "Base state" - the state or other jurisdiction in which an applicant was originally registered or licensed and which maintains the original records of application and registration including education, experience and examination record, or the state to which these records have been transferred.

(E) "Firm" - means any legally formed business organization providing landscape architectural services and includes sole proprietorships, partnerships, associations, corporations and limited liability companies.

(F) "Government agency" - means an agency of federal, state, county or municipal government.

(G) "Good moral character" - means not having been convicted of a crime involving moral turpitude, not having made misstatements or misrepresentation in connection with an application for registration or certificate of authorization, not having willfully violated any of the sections of the code of conduct required of certificate holders and set forth in the statutes or rules, and not having practiced landscape architecture without registration in violation of registration laws of the jurisdiction in which the practice took place.

(H) "Contact hour" - a contact hour is at least fifty minutes of participation in an approved course or activity.

(I) "Direct supervision" - means that degree of supervision by a person overseeing the work of another, whereby both perform their work in the same office, where personal contact is routine, and whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his/her supervision.

Effective: 01/21/2010
R.C. 119.032 review dates: 10/19/2009 and 11/10/2014
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.30
Prior Effective Dates: 8/1/74, 11/25/77, 3/4/83, 7/5/85, 12/10/02, 8/18/05, 4/1/08

4703:1-1-02 Applications.

(A) Applications for registration by examination.

(1) All applications shall be made on forms provided by the board. Applications will be received at any time during regular business hours at the office of the board. .

(2) The application fee shall accompany the application.

(3) Each applicant shall submit, with the formal applications, authentic proof of the statements made therein, by attaching such documentary evidence, affidavits, transcripts, diplomas published data, photographs, photocopies or any other sworn or proven evidence as, in the discretion of the board, may be sufficient to show the board that the applicant is clearly eligible under the section of the law upon which the application is based. The board reserves the right to retain, as a permanent part of the application, any or all documents submitted, which shall be properly marked for identification and ownership.

(4) Personal appearance before the board, if required, shall be at the time and place designated by the board.

(5) Failure to comply, within sixty days from date of written request from the board, for additional evidence or information, or to appear before the board, when such an appearance is deemed necessary by the board, may be considered as just and sufficient cause for disapproval of the application.

(6) All applications for registration by examination shall have an active "Council of Landscape Architecture Registration Boards" council record and shall have an official copy transmitted to the board prior to being registered.

(B) Application for registration by reciprocity.

(1) Applications for registration under section 4703.35 of the Revised Code shall be made on forms provided by the board. Upon making application, the applicant shall cause their certification and council record to by transmitted to the board.

(2) Personal appearance before the board, if requested by the board, shall be at the place and time designated by the board.

(C) Board action on applications.

(1) All applications shall be considered by the board and that action recorded in the aminutes and a notation of said action placed with the application.

(2) If the board proposes to deny admission to the examination or to grant reciprocal registration, an applicant may file an appeal , within thirty days of the mailing of the notice of the action of the board, with the board to show cause as to why the board should grant admission to the examination or issue registration by reciprocity pursuant to sections 119.03 to 119.13 of the Revised Code.

Effective: 01/21/2010
R.C. 119.032 review dates: 10/19/2009 and 11/10/2014
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.34
Prior Effective Dates: 8/1/74, 11/25/77, 7/5/85, 1/1/95, 9/1/2000, 12/1/04, 3/20/07, 10/1/08

4703:1-1-03 Certificates.

(A) Certificates of qualification.

(1) A person registered by the board under section 4703.34 or 4703.35 of the Revised Code will receive a certificate as provided under section 4703.36 of the Revised Code.

(2) Only one certificate of qualification shall be issued to a landscape architect. In the event a certificate is damaged, the board will issue a duplicate certificate upon the return of the damaged certificate and payment of the required fee. If a certificate is lost or destroyed, the board will issue a duplicate certificate upon the filing of a notarized affidavit stating the certificate was lost or destroyed and the payment of the required fee.

(B) Certificates of authorization.

(1) A certificate of authorization will be issued to each firm authorized by the board to provide landscape architectural services. A new certificate will be issued annually upon payment of the renewal fee and continued compliance with the current requirements. The certificate shall be displayed at the firm's principal place of business where it can be readily viewed by the public.

R.C. 119.032 review dates: 09/26/2012 and 12/10/2015
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.36 , 4703.331
Prior Effective Dates: 12/10/02, 12/29/06, 12/10/07, 3/20/07

4703:1-1-04 Renewal; restoration.

(A) Each landscape architect registered under sections 4703.30 to 4703.49 of the Revised Code shall apply to the state board of landscape architect examiners each odd numbered year for the renewal of the landscape architect's registration which expires on the thirty-first day of October and shall be renewed according to the standard renewal procedure set forth in Chapter 4745. of the Revised Code.

Each firm holding a certificate of authorization to provide landscape architectural services shall apply to the state board of landscape architect examiners each year for the renewal of the certificate which expires on the thirtieth day of June.

(B) A certificate of qualification which has expired may be renewed within one year of the expiration of date by completing the renewal application form and returning it to the board with the renewal fee and a penalty of twenty five per cent.

(C) An application for the restoration of a certificate of qualification, which has been expired for more than one year, shall be accompanied by a brief outline setting forth the professional activities of the applicant during the period in which the applicant was not licensed. The board may require the applicant to appear in person before the board; to complete additional supervised work experience; or complete additional examinations, college coursework, or continuing education.

(D) The registrant shall not submit an application for renewal or restoration of a license unless the continuing education requirement has been completely fulfilled or the registrant has been exempted from the continuing education requirement by the board.

Effective: 06/01/2012
R.C. 119.032 review dates: 03/16/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.36
Prior Effective Dates: 4/4/1985, 7/5/1985, 10/1/1999, 12/10/2002, 3/20/2007, 10/1/2008

4703:1-1-05 Fees.

(A) The fee for applying for registration by examination under section 4703.34 of the Revised Code is fifty dollars and shall be submitted with the application.

(B) The fee to be paid by an applicant for reciprocal registration under section 4703.35 of the Revised Code shall be two hundred fifty dollars.

(C) The fee for a duplicate certificate of qualification issued in accordance with section 4703.36 of the Revised Code shall be twenty dollars.

(D) The biennial renewal fee for a certificate of qualification shall be one hundred and twenty-five dollars.

(E) The fee for a duplicate renewal card shall be ten dollars.

(F) The fee to restore an expired certificate of qualification shall be the renewal fee for each renewal period in which the certificate was not renewed plus twenty five per cent for each renewal period, or portion thereof, in which the certificate was delinquent, provided, however, the maximum fee shall not exceed five hundred dollars.

(G) The application fee for a certificate of authorization required under section 4703.331 of the Revised Code shall be one hundred twenty-five dollars.

(H) The annual renewal for a certificate of authorization shall be one hundred dollars.

(I)

The fee for a returned check or other instruments returned to the board by financial institutions shall be thirty-five dollars.

Effective: 06/01/2012
R.C. 119.032 review dates: 03/16/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.37
Prior Effective Dates: 4/4/85, 7/5/85, 7/3/90, 5/1/98, 10/1/99, 5/5/01, 12/10/02, 10/1/08

4703:1-1-06 Continuing Education.

(A) Definitions.

(1) "Contact hour" - a contact hour is at least fifty minutes of participation in an approved course or activity.

(2) "Qualified/certified" - shall mean activities approved for contact hours by any of the organizations in this rule.

(3) Approved providers: the imprimatur of any of these organizations in this rule shall constitute official acceptance by the board:

(a) Landscape architects continuing education system;

(b) American society of landscape architects;

(c) Council of landscape architect registration boards;

(d) Ohio board of landscape architect examiners;

(e) Urban land institute;

(f) American nurseryman's association;

(g) American planning association;

(h) National society of professional engineers;

(i) National recreation and parks association;

(j) American institute of architects;

(k) Construction education network;

(l) Agencies of the state or federal government offering training programs in landscape architecture or a related field;

(m) Coursework in landscape architecture or a related field at a university or college;

(n) Other related technical/professional societies or organizations, including local, state or regional affiliates, chapters, components or sections whose programs have been certified by any of the above organizations.

(B) General requirements.

(1) Contact hours.

Every landscape architect shall complete a minimum of twenty-four contact hours of continuing education prior to the end of each renewal period.

(2) Health, safety and welfare hours.

Sixteen of the twenty-four hours shall be health, safety and welfare hours as defined in this rule.

(3) Continuing education required to renew or restore.

The completion of these hours shall be a condition of renewal of the landscape architect's registration.

An application for renewal or restoration of a license may not be submitted unless the continuing education requirement has been completely fulfilled or the registrant has been exempted from the continuing education requirement by the board.

(4) Carry over.

If the registrant exceeds the total number of required hours in any renewal period, a maximum of twelve hours may be carried forward into the next renewal period.

(C) Exemptions.

A landscape architect may be exempt, upon board review and approval, from the continuing education requirement in any of the following situations:

(1) Newly licensed by exam.

Landscape architects newly licensed by examination by the state of Ohio are exempt from the continuing education requirements for their first renewal period only. This exemption does not apply to reciprocal registrants.

(2) Military duty.

The landscape architect is on full time duty, or temporarily called up for active duty, in the United States military service, where such activity restricts participation in continuing education activities. The landscape architect shall provide supporting documentation for the board' s review and approval.

(3) Unable to practice.

The landscape architect has experienced a physical disability, illness, or other extenuating circumstances that prevents the landscape architect from practicing landscape architecture. The landscape architect shall provide supporting documentation for the board's review and approval.

(4) Registrants from other jurisdictions.

The landscape architect otherwise meets all renewal requirements and is registered in any other jurisdiction having continuing education requirements, which the landscape architect has met, provided that such other jurisdiction accepts satisfaction of this jurisdiction's continuing education requirements as meeting it own.

(D) Content requirements.

Acceptable activities include those that increase the landscape architect's knowledge and/or understanding of technical or professional subjects and contribute directly to the improvement of the landscape architect's professional knowledge and competence to practice landscape architecture.

(1) Health, safety and welfare topics

Health, safety and welfare topics as those topics in which at least seventy-five percent of the subject matter applies the principles of mathematical, physical, and social sciences in consultation, evaluation, planning, design (including, but not limited to the preparation and filing of plans, drawings, specifications, and other contract documents), and administration of contracts relative to projects principally directed at the functional and aesthetic use and preservation of land.

These subjects may include, but are not limited to:

(a) Building codes;

(b) Code of ethics;

(c) Codes, acts, laws and regulations governing the practice of landscape architecture;

(d) Construction administration, including construction contracts;

(e) Construction documents;

(f) Design of environmental systems;

(g) Environmental processes and analysis;

(h) Erosion control methods;

(i) Grading;

(j) Horticulture;

(k) Irrigation methods;

(l) Land planning and use;

(m) Landscape preservation, landscape restoration and adaptive reuse;

(n) Lateral forces;

(o) Natural hazards - impact of earthquake, hurricane, fire or flood related to site design;

(p) Pedestrian and vehicular circulation;

(q) Planting design;

(r) Resource conservation and management;

(s) Roadway design principles;

(t) Site accessibility, including Americans with Disabilities Act standards for accessible site design;

(u) Site and soils analysis;

(v) Site design and engineering, including materials, methods, technologies and applications;

(w) Site security and safety;

(x) Storm water management, surface and subsoil drainage;

(y) Structural systems considerations;

(z) Surveying methods and techniques as they affect landscape architecture;

(aa) Sustainable design, including techniques related to energy efficiency;

(bb) Use of site materials and methods of site construction;

(cc) Vegetative management;

(dd) Wetlands;

(ee) Zoning as it relates to the improvement and/or protection of the public health, safety and welfare of the public;

(ff) Other matters of law and ethics that contribute to the health, safety and welfare of the public.

(2) The following topics are not considered health, safety and welfare topics:

(a) Accounting/financial planning;

(b) Basic AutoCAD;

(c) Expanding a design professional's business;

(d) General office management;

(e) Insurance;

(f) Laws related to arbitration, mediation, liens (unless they relate to safeguarding the health, safety and welfare of the public), real estate, real estate development;

(g) Limiting the design professional's liability;

(h) Marketing and public relations;

(i) Personal development;

(j) Project management related to profitability and maximizing fees;

(k) Risk management;

(l) Succession planning.

(E) Methods for fulfilling continuing education requirements.

A landscape architect may earn the required contact hours by any of the following methods, except that credit shall be awarded only once in a renewal period for the same program with the same content:

(1) Attending a graduate or undergraduate level course at an accredited institution of higher learning where academic credit is granted and the content meets the requirements set forth in paragraph (C) of this rule. Credit: twelve continuing education credits for each one hour of academic credit received.

(2) Attending a course, program, seminar, conference, workshop or similar event where it is presented, sponsored, or approved by: an accredited institution of higher learning, a professional organization, and has been qualified/certified as defined in rule. Credit: one hour of continuing education credit for each hour of actual contact time of instruction provided.

(3) Teaching a graduate or undergraduate course, on a part-time basis, at an accredited institution of higher learning where the content meets the requirements noted in this rule. Credit: twelve hours of continuing education credit for each one hour of academic credit provided by the course except that after the first year, the maximum credit may not exceed more than fifty per cent of the required continuing education credit of the renewal period.

(4) Teaching a course or seminar, delivering a lecture, presenting a paper, or a program, workshop or monograph at an educational event meeting the above requirements, except that this credit may be taken only once for the same program. Credit: Two hours maximum.

(5) Publishing an article in a professional journal, which meets the content requirements in this rule, for one time credit for each article. Credit: one hour of continuing education credit for each hour of preparation, not to exceed five hours per article.

(6) Publishing a book, which meets the content requirements above, for one time credit for each book. Credit: one hour of continuing education credit for each hour of preparation, not to exceed twelve hours per book.

(7) As a member of a professional committee responsible for researching, writing or grading questions for the landscape architect registration exam or other similar technical activities. Credit: a maximum of fifty per cent of the required continuing education credit of the renewal period.

(8) Professional service to the public, which draws upon the landscape architect's professional expertise, on boards and commissions such as: planning boards, building code organizations, urban renewal boards, and other similar activities. The board shall, in its discretion, determine applicable activities in this category which are in addition to those specifically named in this rule. These activities may be listed by the board from time to time. Credit: one hour of continuing education credit for each hour of work in this activity, not to exceed twenty-five per cent of the continuing education requirements of the renewal period.

(9) Obtaining the "LEED Professional Accreditation by passing the "LEED AP Exam" during the current renewal period. Official documentation from the "Green Building Certification Institute (GBCI)" must be provided. Credit: a one time credit of eight hours.

(10) Self-directed activities: self-directed activities are those that are done independent of a structured format such as a seminar or lecture. Credit: not to exceed fifty per cent of the continuing education requirements of the renewal period. Documentation shall be required at the discretion of the board.

In order for a self-directed activity to receive credit, the registrant shall:

(a) Account for the time spent completing the activity;

(b) Summarize the content of the activity;

(c) Relate the activity to the health, safety and welfare of the public.

(F) Records to be maintained by the landscape architect.

Each landscape architect shall, in addition to information submitted to the board, maintain a written record of all continuing education courses or programs undertaken.

Records shall be made available at any time to the board upon written request for review and audit.

Records shall be maintained for four years.

Records may be requested at any time in connection with an investigation or enforcement proceeding.

Failure to provide the requested information in the time frame established by the board shall constitute cause for disciplinary action by the board and may be cause for fines, reprimand, suspension revocation or denial of the application for renewal of the landscape architect's registration.

Appropriate records shall consist of the following:

(1) Certificate of attendance or completion;

(2) Course or activity description;

(3) Transcripts/records of credits maintained by providers who may qualify/certify such credits and activities.

(4) Other documentation verifying the content and time of the course or event.

(G) Audit.

Upon request, each landscape architect shall provide proof of satisfying the continuing education requirement. Failure to provide the requested information in the time frame established by the board shall constitute cause for fines, reprimand, suspension, revocation or denial of the application for renewal of the landscape architect's registration.

(H) Disallowance.

If the board disallows one or more continuing education activities claimed, the landscape architect has up to ninety days after the notification to substantiate the original claim or to complete other continuing education activities sufficient to meet the minimum requirements.

(I) Landscape architect shall attest to compliance.

Every landscape architect shall attest, in the manner prescribed by the board, to the landscape architect's meeting of the requirements as described herein. Said attestation shall accompany the renewal application.

(J) Falsification.

Any landscape architect falsifying the records of the landscape architect's continuing education activities shall be subject to disciplinary action by the board.

(K) Appeal.

A landscape architect shall have the right to appeal any refusal by the board to accept continuing educational activities for credit under these requirements. This appeal shall include the presentation of evidence supporting the landscape architect's contention that the activity meets the requirements of this rule.

(L) Requirements for lapsed and reinstating applicants.

A landscape architect whose license has lapsed, and who desires to reinstate that license, must submit, with the reinstatement application, proof of completion of twenty-four hours of continuing education within the last two years.

Replaces: 4703:1-1-06

Effective: 01/21/2010
R.C. 119.032 review dates: 11/10/2014
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.36
Prior Effective Dates: 8/18/05, 11/10/06, 10/1/08