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) "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.

(I) "Emeritus landscape architect" - an individual who has been registered to practice landscape architecture in this state for at least ten years, is fully retired from the practice of landscape architecture, and is at least sixty-five years old. An emeritus landscape architect is exempt from the continuing education and fee requirements of this chapter.

Effective: 1/10/2015
Five Year Review (FYR) Dates: 10/16/2014 and 10/15/2019
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.30, 4703.32, 4703.33
Prior Effective Dates: 8/1/74, 11/25/77, 3/4/83, 7/5/85, 12/10/02, 8/18/05, 4/1/08, 1/21/10

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 applicants for registration by examination shall have an active

"Council of Landscape Architectural 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.

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

Effective: 1/10/2015
Five Year Review (FYR) Dates: 10/16/2014 and 10/15/2019
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, 1/21/10

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 even numbered year for the renewal of the landscape architect's registration which expires on the thirty-first day of December 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: 1/10/2015
Five Year Review (FYR) Dates: 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, 06/01/2012

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 landscape architects board;

(e) Urban land institute;

(f) American nursery and landscape association

(g) American planning association;

(h) National society of professional engineers;

(i) National recreation and parks association;

(j) American institute of architects;

(k) Agencies of the state or federal government offering training programs in landscape architecture ;

(l) Coursework in landscape architecture at a university or college;

(m) 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.

(4) "Structured educational activities" - organized educational activities in which at least seventy-five per cent of an activity's content and instructional time must be devoted to subject matter related to the practice of landscape architecture, including seminars, classes, workshops, conferences and the like, and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning, and performed outside the normal performance of one's occupation.

(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.

A minimum of sixteen of the twenty-four hours shall be structured 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.

(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 initial period of licensure only. This exemption does not apply to reciprocal registrants.

(2) Military duty.

A licensee subject to the provisions of rule 4703:1-1-07 of the Administrative Code.

(3) Unable to practice.

The landscape architect has experienced a physical disability, illness, or other extenuating circumstances, which in the board's judgment, temporarily or permanently prevents the landscape architect from completing the requirements. The landscape architect shall provide supporting documentation for the board's review and approval.

(4) The landscape architect has been granted emeritus status by the board.

(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 per cent 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.

Acceptable subject matter includes:

(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;

(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 , 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 (D) 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 this rule. Credit: one hour of continuing education credit for each hour of actual contact time of instruction provided.

(3) Teaching, on a part-time basis, a graduate or undergraduate course in landscape architecture in a landscape architecture program which is part of an accredited institution of higher learning . Credit: twelve hours of continuing education credit for each one hour of academic credit provided by the course, except that the maximum credit may not exceed more than fifty per cent of the required continuing education credit of the renewal period.

(4)

(5) Authoring relevant published papers, articles, or books. Credit: one hour per paper, article or book.

(6) Receiving a patent award. Credit: one hour per patent award.

(7) Actively participating in professional or technical societies serving the landscape architecture profession. Not eligible for health, safety and welfare credit. Credit: one hour per renewal period.

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

Each landscape architect shall, in addition to information submitted to the board, maintain written records acceptable to the board 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 six 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)

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

(4) Other documentation acceptable to the board and which verifies the content, date, and duration in hours 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 sixty 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 twenty-four months prior to the date the application is received.

Effective: 1/10/2015
Five Year Review (FYR) Dates: 10/16/2014 and 10/15/2019
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4703.36
Prior Effective Dates: 8/18/05, 11/10/06, 10/1/08, 1/21/10

4703:1-1-07 Military provisions related to licensure.

(A) Definitions

(1) "Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(2) "Member" means any person who is serving in the armed forces.

(3) "Veteran" means any person who has completed service in the armed forces.

(4) "Licensee" means a person to whom all of the following apply:

(a) The person has been issued a license by the board.

(b) The person has been a member of the armed forces.

(c) The person has served on active duty, whether inside or outside the United States, for a period in excess of thirty-one days.

(B) Military experience

In accordance with section 5903.03 of the Revised Code, the following military programs of training, military primary specialties, and lengths of service are substantially equivalent to or exceed the experience requirements for licensure as a landscape architect:

(1) Military programs of training:

(a) Army: school 12d facilities/contract construction management engineer (O)

(b) Navy: facilities engineering (O)

(c) Air force: school 32ex civil engineer (O)

(2) Military primary specialties:

(a) Army: facilities/contract construction management engineer (fccme) (O)

(b) Navy: facilities engineering (O)

(c) Air force: civil engineer (O)

(3) Documentation of experience

An active military service member or veteran may submit any documentation, evidence, statement or endorsement that may be available or produced for the board's consideration to demonstrate the substantial equivalence of experience while serving in the armed forces to meet the requirements of licensure.

(C) License renewal

(1) In accordance with section 5903.10 of the Revised Code, an expired license, shall be renewed at the usual cost without penalty and if not otherwise disqualified because of mental or physical disability if either of the following applies:

(a) The license was not renewed because of the licensee's service in the armed forces.

(b) The license was not renewed because the licensee's spouse served in the armed forces and the service resulted in the licensee's absence from this state.

(2) A renewal shall not be granted under parafraph (C)(1) of this rule unless the licensee or the licensee's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty within six months after the discharge or release.

(D) Continuing Education

(1) In accordance with section 5903.12 of the Revised Code, the provisions of this paragraph apply to a licensee who has been a member of the armed forces who has served on active duty for a period in excess of thirty-one days during the current continuing education reporting period.

(2) A licensee who meets the provisions contained in paragraph (C)(1) of this rule may submit an application to the Board requesting an extension of the current continuing education reporting period.

(a) The licensee shall submit proper documentation certifying the active duty service and the length of that active duty service.

(b) Upon receiving the application and proper documentation, the board shall extend the current continuing education reporting period by an amount of time equal to the total number of months that the licensee spent on active duty during the current continuing education reporting period.Any portion of a month served shall be considered one full month.

(3) In accordance with section 5903.121 of the Revised Code, the board shall consider relevant education, training, or service completed by a licensee as a member of the armed forces in determining whether a licensee has fulfilled the continuing education required to renew the license or certificate.

(E) Expedited licensure Upon receipt of all required documents and fees, a license shall be issued no later than three business days of the applicant's eligibility for licensure, to each applicant who is a member, veteran, spouse or surviving spouse of a member or veteran.

Effective: 07/07/2014
R.C. 119.032 review dates: 07/07/2019
Promulgated Under: 119.03
Statutory Authority: 4703.33
Rule Amplifies: 4743.04, 5903.01, 5903.03, 5903.10, 5903.12, 5903.121