BILL REQ. #: S-0073.3
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/30/2007. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to the practice of landscape architecture; amending RCW 18.96.010, 18.96.020, 18.96.030, 18.96.040, 18.96.060, 18.96.070, 18.96.080, 18.96.090, 18.96.100, 18.96.110, 18.96.120, 18.96.140, 18.96.150, 18.96.170, 18.96.180, and 18.96.190; adding new sections to chapter 18.96 RCW; creating a new section; repealing RCW 18.96.050 and 18.96.160; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that in order to
safeguard life, health, and property and to promote public welfare, it
is necessary to regulate the practice of landscape architecture, based
on the first action taken to regulate the profession in 1969, and
subsequent review in year 1988 along with review and revisions in 2007.
Sec. 2 RCW 18.96.010 and 1969 ex.s. c 158 s 1 are each amended to
read as follows:
In order to safeguard human health and property, and to promote the
public welfare, any person in either public or private capacity
practicing or offering to practice landscape architecture for hire((,))
shall be required to submit evidence that he or she is qualified so to
practice and shall be ((registered)) licensed under the provisions of
this chapter.
Sec. 3 RCW 18.96.020 and 1969 ex.s. c 158 s 2 are each amended to
read as follows:
(1) It ((shall be)) is unlawful for any person to ((use, or
advertise the title landscape architect, landscape architecture, or
landscape architectural, unless such person has duly registered under
the provisions of this chapter)) practice or offer to practice in this
state, landscape architecture, or to use in connection with his or her
name or otherwise assume, use, or advertise any title or description
including the phrases "landscape architect," "landscape architecture,"
"landscape architectural," or language tending to imply that he or she
is a landscape architect, unless the person is licensed or authorized
to practice in the state of Washington under this chapter.
(2) A person may use the title "intern landscape architect" after
graduation from an accredited degree program in landscape architecture
and working under the direct supervision of a licensed landscape
architect.
(3) This section does not affect the use of the phrases "landscape
architect," "landscape architecture," or "landscape architectural"
where a person does not practice or offer to practice landscape
architecture.
Sec. 4 RCW 18.96.030 and 1979 c 158 s 73 are each amended to read
as follows:
((The following words and phrases as hereinafter used in this
chapter shall have the following meanings:)) The definitions in this section apply throughout this
chapter, unless the context clearly requires otherwise.
"Director" means the director of licensing of the state of
Washington.
(1) "Administration of the construction contract" means the
periodic observation of materials and work to observe the general
compliance with the construction contract documents, and does not
include responsibility for supervising construction methods and
processes, site conditions, equipment operations, personnel, or safety
on the worksite.
(2) "Board" means the state board of ((registration)) licensure for
landscape architects.
(3) "Certificate of licensure" means the certificate issued by the
director to newly licensed landscape architects.
(4) "Department" means the department of licensing.
(5) "Design-build" means a single business entity, joint venture,
or partnership providing landscape architectural and construction
services consisting of at least a licensed landscape architect and a
licensed general contractor and in which the design services are
provided by a landscape architect who has independent and responsible
control over the designs.
(6) "Detached accessory structure" means any small size
nonhabitable construction consisting of load-bearing members such as
the foundation, roof, floors, walls, columns, girders, and beams or a
combination of any number of these parts, with or without other parts
or appurtenances. Detached accessory structures include a small barn,
shed, cabana, playhouse, garden structure such as pergola, trellis, or
shade structure generally exempt from building permit under local
codes.
(7) "Director" means the director of licensing.
(8) "Engineer" means an individual who is registered as an engineer
under chapter 18.43 RCW.
(9) "Landscape architect" means ((a person who engages in the
practice of landscape architecture as hereinafter defined. A person
practices landscape architecture within the meaning and intent of this
chapter who performs for hire professional services such as
consultations, investigations, reconnaissance, research, planning,
design or teaching supervision in connection with the development of
land areas where, and to the extent that, the dominant purpose of such
services is the preservation, enhancement, or determination of proper
land uses, natural land features, ground cover and planting,
naturalistic and aesthetic values, the settings and approaches to
structures or other improvements, or natural drainage and erosion
control. This practice shall include the location, design, and
arrangement of such tangible objects as pools, walls, steps, trellises,
canopies, and other nonhabitable structures, and such features as are
incidental and necessary to the purposes outlined herein. It involves
the design and arrangement of land forms and the development of outdoor
space including, but not limited to, the design of public parks,
playgrounds, cemeteries, home and school grounds, and the development
of industrial and recreational sites)) an individual who engages in the
practice of landscape architecture.
(10) "Landscape architecture" means the rendering of professional
services in connection with consultations, investigations,
reconnaissance, research, planning, design, construction document
preparation, construction administration, or teaching supervision in
connection with the development of land areas where, and to the extent
that, the dominant purpose of such services is the preservation,
enhancement, or determination of proper land uses, natural land
features, ground cover and planting, naturalistic and aesthetic values,
the settings and approaches to structures or other improvements, or
natural drainage and erosion control. This practice includes the
location, design, and arrangement of such tangible objects as pools,
walls retaining a surcharge less than four feet in height, steps,
trellises, canopies, and other detached accessory structures, and such
features as are incidental and necessary to the purposes in this
chapter. Landscape architecture involves the design and arrangement of
land forms and the development of outdoor space including, but not
limited to, the design of public parks, trails, playgrounds,
cemeteries, home and school grounds, and the development of industrial
and recreational sites.
(11) "Licensed" means holding a currently valid certificate of
licensure or certificate of authorization issued by the director
authorizing the practice of landscape architecture.
(12) "Person" means any individual, partnership, professional
service corporation, corporation, joint stock association, joint
venture, or any other entity authorized to do business in the state.
(13) "Practice of landscape architecture" means the rendering of
services where landscape architectural education, training, experience,
and the application of mathematical, physical, and social science
principles are applied 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
services include, but are not limited to:
(a) Investigation, selection, and allocation of land and water
resources for appropriate uses;
(b) Formulation of feasibility studies, and graphic and written
criteria to govern the planning, design, and management of land and
water resources;
(c) Preparation, review, and analysis of land use master plans,
subdivision plans, and preliminary plats;
(d) Determining the location and siting of improvements, including
buildings and other features, as well as the access and environs for
those improvements; and
(e) Design of land forms, storm water drainage, soil conservation
and erosion control methods, site lighting, water features, irrigation
systems, plantings, pedestrian and vehicular circulation systems, and
related construction details.
Sec. 5 RCW 18.96.040 and 1993 c 35 s 1 are each amended to read
as follows:
(1)(a) There is created a ((state)) licensure board ((of
registration)) for landscape architects((. The board shall consist of
four landscape architects and one member of the general public.
Members of the board shall be)) consisting of five members appointed by
the governor ((and must be residents of this state having the
qualifications required by this chapter.)).
No public member of the board may be a past or present member of
any other licensing board under this title. No public member may make
his or her own livelihood from, nor have a parent, spouse, or child
make their respective livelihood from providing landscape architect
services, or from enterprises dealing in landscape architecture.
The landscape architect members of the board must, while serving on
the board, be actively engaged in their profession or trade and,
immediately preceding appointment, have had at least five years
experience in responsible charge of work or teaching within their
profession or trade
(b) Four members shall be licensed landscape architects who are
residents of the state and have at least eight years' experience in the
practice of landscape architecture as registered or licensed landscape
architects in responsible charge of landscape architectural work or
responsible charge of landscape architectural teaching. One member
shall be a public member, who is not and has never been a registered or
licensed landscape architect and who does not employ and is not
employed by or professionally or financially associated with a
landscape architect.
(c) The term of each newly appointed member shall be six years.
(2)(a) Every member of the board shall receive a certificate of
appointment from the governor. On the expiration of the term of each
member, the governor shall appoint a successor to serve for a term of
six years or until the next successor has been appointed.
(b) The governor may remove any member of the board for cause.
Vacancies in the board for any reason shall be filled by appointment
for the unexpired term.
(3) The board shall elect a chairman, a vice-chairman, and a
secretary. The secretary may delegate his or her authority to the
executive secretary.
(4) Members of the board shall be compensated in accordance with
RCW 43.03.240 and shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
Sec. 6 RCW 18.96.060 and 2002 c 86 s 234 are each amended to read
as follows:
(1) The board ((shall adopt rules for its own organization and
procedure and such other rules as it may deem necessary to the proper
performance of its duties. Three members of the board shall constitute
a quorum for the conduct of any business of the board.)) may adopt such rules under chapter 34.05
RCW as are necessary for the proper performance of its duties under
this chapter.
The board may conduct hearings concerning alleged violations of the
provisions of this chapter
(2) The director may employ an executive director subject to
approval of the board.
Sec. 7 RCW 18.96.070 and 1969 ex.s. c 158 s 7 are each amended to
read as follows:
((The following will be considered as)) This section establishes
the minimum evidence satisfactory to the board that the applicant is
qualified for ((registration)) licensure as a professional landscape
architect.
((The applicant must have completed a course of study in landscape
architecture and have been graduated from a college or school approved
by the board as offering a curriculum in landscape architecture, or the
equivalent thereof, in any form of training, as determined by the
board. Each complete year of study in any registered college or school
of landscape architecture may be accepted in lieu of one year of
equivalent training.))
He must have a minimum of seven years in any combination of
training and experience, and shall present proof to the director of
passing such written examinations as may be prescribed by the board.
Registration under this chapter shall be on an individual, personal
basis, and the director shall not register any firm, company,
partnership, corporation, nor any public agency. Corporate practice is
not permitted under the provisions of this chapter.
(1) A certificate of licensure shall be granted by the director to
all qualified applicants who are certified by the board as having
passed the required examination and as having given satisfactory proof
of completion of the required education and work experience.
(2) An applicant for licensure as a landscape architect shall be of
a good moral character, at least eighteen years of age, and shall
possess one of the following qualifications:
(a) Have a professional landscape architectural degree from an
institution of higher education accredited by the national landscape
architecture accreditation board, or an equivalent degree in landscape
architecture as determined by the board, and three years of practical
landscape architectural work experience under the supervision of a
registered or licensed architect;
(b) Have a baccalaureate degree from a college or university and
have eight years of practical landscape architectural work experience
under the supervision of a registered or licensed landscape architect;
or
(c) Have a high school diploma or equivalent and have fifteen years
of practical landscape architectural work experience, at least eight
years of which must be under the supervision of a registered or
licensed landscape architect.
Sec. 8 RCW 18.96.080 and 1993 c 35 s 2 are each amended to read
as follows:
(1) Application for ((registration)) licensure shall be filed with
the ((director prior to the date set for examination and shall contain
statements made under oath showing the applicant's education and a
detailed summary of practical experience, and shall contain not less
than three references who are landscape architects having personal
knowledge of the applicant's landscape architectural experience)) board
as provided by rule.
(2) The application ((fee)) for ((initial)) examination shall be
filed with the board as prescribed by rule.
(3) The application and examination fees shall be determined by the
director ((as provided in)) under RCW 43.24.086. ((The application and
fee must be submitted to the agency prior to the application deadline
established by the director.))
Fees for initial examination and reexamination shall be determined
by the director as provided in RCW 43.24.086, and must be filed with
the agency prior to the application deadline established by the
director.
Sec. 9 RCW 18.96.090 and 1993 c 35 s 3 are each amended to read
as follows:
(1) Examinations of ((applicants)) landscape architects for
certificates of ((registration)) licensure shall be held at least
annually ((or)) at such time((s)) and place((s)) as the board ((may))
determines. ((The board shall determine from the examination and the
material submitted with the applications whether or not the applicants
possess sufficient knowledge, ability and moral fitness to safely and
properly practice landscape architecture and to hold themselves out to
the public as persons qualified for that practice.))
The scope of the examination and methods of examination procedure
shall be prescribed by the board with special reference to landscape
construction materials and methods, grading and drainage, plant
materials suited for use in the northwest, specifications and
supervisory practice, history and theory of landscape architecture
relative to landscape architectural design, site planning and land
design, subdivision, urban design, and a practical knowledge of botany,
horticulture and similar subjects related to the practice of landscape
architecture. The board may adopt an appropriate national examination
and grading procedure.
Applicants who fail to pass sections of the examination shall be
permitted to retake the examination in the sections failed. A passing
grade in a section shall exempt the applicant from examination in that
subject for five years. The board may determine the standard for
passing grades computed on a scale of one hundred percent. A
certificate of registration shall be granted by the director to all
qualified applicants who shall be certified by the board as having
passed the required examination and as having given satisfactory proof
of completion of the required experience.
(2) The board shall determine the content, scope, and grading
process of the examination. The board may adopt an appropriate
national examination and grading procedure.
(3) Applicants who fail to pass any section of the examination
shall be permitted to retake the parts failed as prescribed by the
board. If the entire examination is not successfully completed within
five years, a retake of the entire examination is required.
(4) Applicants for licensure may begin taking the examination upon
graduating from an accredited landscape architecture program if the
applicant is employed under the supervision of a registered or licensed
landscape architect.
(5) The director shall issue a certificate of licensure to
qualified applicants as provided in RCW 18.96.150.
Sec. 10 RCW 18.96.100 and 1993 c 35 s 4 are each amended to read
as follows:
(1) The director may, upon ((payment of a reciprocity application
fee and the current registration fee in an amount as determined by the
director as provided in RCW 43.24.086, grant a certificate of
registration, upon recommendation by the board, to any applicant who is
a registered landscape architect in any other state or country whose
requirements for registration are at least substantially equivalent to
the requirements of this state for registration by examination, and
which extends the same privileges of reciprocity to landscape
architects registered in this state)) receipt of the current licensure
fee, grant a certificate of licensure to an applicant who is a licensed
landscape architect in another state or territory of the United States,
the District of Columbia, or another country, if that individual's
qualifications and experience are determined by the board to be
equivalent to the qualifications and experience required of a person
licensed under RCW 18.96.070.
(2) A landscape architect or landscape architectural firm licensed
or registered in any other jurisdiction recognized by the board may
offer to practice landscape architecture in this state if:
(a) It is clearly and prominently stated in any such offer that the
landscape architect or firm is not licensed to practice landscape
architecture in Washington state; and
(b) Before practicing landscape architecture or signing a contract
to provide landscape architectural services, the landscape architect or
firm obtains a certificate of authorization.
Sec. 11 RCW 18.96.110 and 1993 c 35 s 5 are each amended to read
as follows:
(1) The renewal dates for certificates of ((registration shall be
set by the director. The director shall set the fee for renewal which
shall be determined as provided in RCW 43.24.086.)) licensure shall be
set by the director in accordance with RCW 43.24.086. Licensees who
fail to pay the renewal fee within thirty days of the due date shall
pay all delinquent fees plus a penalty fee equal to one-third of the
renewal fee. A licensee who fails to pay a renewal fee for a period of
five years may be reinstated under such circumstances as the board
determines. The renewal and penalty fees and the frequency of renewal
assessment shall be authorized under this chapter. Renewal date for
certificates of authorization are the anniversary of the date of
authorization.
If a registrant fails to pay the renewal fee within thirty days
after the renewal date, the renewal shall be delinquent. The renewal
fee for a delinquent renewal and the penalty fee for a delinquent
renewal shall be established by the director. Any registrant in good
standing, upon fully retiring from landscape architectural practice,
may withdraw from practice by giving written notice to the director,
and may thereafter resume practice at any time upon payment of the then
current renewal fee. Any registrant, other than a properly withdrawn
licensee, who fails to renew his or her registration for a period of
more than five years may be reinstated under the
(2) Any licensee in good standing may withdraw from the practice of
landscape architecture by giving written notice to the director, and
may within five years thereafter resume active practice upon payment of
the then-current renewal fee. A licensee may be reinstated after a
withdrawal of more than five years under such circumstances as the
board determines.
(3) A licensed landscape architect must demonstrate continuing
professional education activities since the landscape architect's last
renewal or initial licensure, as the case may be; the board shall by
rule describe the professional development activities required by the
board. The board may decline to renew a license if the landscape
architect's continuing professional education activities do not meet
the standards in the board's rules. In the application of this
subsection, the board shall strive to ensure that rules are consistent
with the continuing professional education requirements in use by the
national professional organizations representing landscape architects
and in use by other cohort states. Cohort states are those other
United States determined by the board to be comparable to Washington in
demographics and natural factors.
Sec. 12 RCW 18.96.120 and 2002 c 86 s 235 are each amended to
read as follows:
(((1) In addition to the conduct, acts, or conditions set out in
RCW 18.235.130, the following constitute unprofessional conduct for
which the director may impose discipline upon any license holder or
applicant under the jurisdiction of this chapter:)) The board may impose any action in RCW
18.235.110 upon the following grounds:
(a) The holder of the certificate of registration is impersonating
a practitioner or former practitioner.
(b) The holder of the certificate of registration permits his or
her seal to be affixed to any plans, specifications, or drawings that
were not prepared by him or her or under his or her personal
supervision by employees subject to his or her direction and control.
(2) The director shall immediately suspend the certificate of
registration of a landscape architect who has been certified pursuant
to RCW 74.20A.320 by the department of social and health services as a
person who is not in compliance with a support order. If the person
has continued to meet all other requirements for certification during
the suspension, reissuance of the certificate of registration shall be
automatic upon the director's receipt of a release issued by the
department of social and health services stating that the person is in
compliance with the order.
(1) Offering to pay, paying, or accepting, either directly or
indirectly, any substantial gift, bribe, or other consideration to
influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional
report, statement, or testimony;
(3) Having a financial interest in the bidding for or the
performance of a contract to supply labor or materials for or to
construct a project for which employed or retained as a landscape
architect except with the consent of the client or employer after
disclosure of such facts; or allowing an interest in any business to
affect a decision regarding landscape architectural work for which
retained, employed, or called upon to perform;
(4) Signing or permitting a seal to be affixed to any drawings or
specifications that were not prepared or reviewed by the landscape
architect or under the landscape architect's personal supervision by
persons subject to the landscape architect's direction and control; or
(5) Willfully evading or trying to evade any law, ordinance, code,
or regulation governing site or landscape construction.
Sec. 13 RCW 18.96.140 and 2002 c 86 s 236 are each amended to
read as follows:
A new certificate of ((registration)) licensure to replace any
certificate lost or destroyed, or mutilated may be issued by the
director, and a charge determined by the director as provided in RCW
43.24.086 shall be made for such issuance.
Sec. 14 RCW 18.96.150 and 1993 c 35 s 6 are each amended to read
as follows:
((The director shall issue a certificate of registration upon
payment of the registration fee as provided in this chapter to any
applicant who has satisfactorily met all requirements for registration.
All certificates of registration shall show the full name of the
registrant, shall have a serial number and shall be signed by the
chairman and the executive secretary of the board, and by the director.)) (1) The director shall issue a certificate of licensure to any
applicant who has, to the satisfaction of the board, met all the
requirements for licensure upon payment of the licensure fee as
provided in this chapter. All certificates of licensure shall show the
full name of the licensee, have the license number, and shall be signed
by the chair of the board and by the director. The issuance of a
certificate of licensure by the director is prima facie evidence that
the person named therein is entitled to all the rights and privileges
of a licensed landscape architect.
Each registrant shall obtain a seal of a design authorized by the
board, bearing the registrant's name and the legend, "registered
landscape architect". All sheets of drawings and title pages of
specifications prepared by the registrant shall be stamped with said
seal.
(2) Each licensee shall obtain a seal of the design authorized by
the board bearing the landscape architect's name, license number, the
legend "Licensed Landscape Architect," and the name of this state.
Drawings prepared by the licensee shall be sealed and signed by the
licensee when filed with public authorities. It is unlawful to seal
and sign a document after a licensee's certificate of licensure or
authorization has expired, been revoked, or is suspended. A landscape
architect shall not seal and sign technical submissions not prepared by
the landscape architect or his or her regularly employed subordinates,
or if prepared by a landscape architect licensed in any jurisdiction
recognized by the board, reviewed and accepted as the sealing landscape
architect's own work; a landscape architect who signs or seals drawings
or specifications that he or she has reviewed is responsible to the
same extent as if prepared by that landscape architect.
(3) The following documents must be signed and sealed:
(a) All technical submissions prepared and filed with the
authorities having jurisdiction;
(b) Copies of all technical submissions prepared and filed with the
authorities having jurisdiction or prepared for use in construction
that are given to the landscape architect's client or retained by the
landscape architect; and
(c) All revisions or other modifications to the technical
submissions requiring sealing and signing as identified in (a) and (b)
of this subsection.
(4) Of the technical submissions submitted under subsection (3)(a)
of this section, only the drawings must be sealed and signed on each
sheet; specifications and other technical submissions need only be
sealed and signed on the cover, title page, and all pages of the table
of contents.
(5) Except as required for compliance with a federal or other
governmental contract, a signature shall not be placed on reproducible
or electronic drawings that are used for multiple copies or on
reproducible or electronic drawings that are transferred away from the
landscape architect's possession and supervision.
Sec. 15 RCW 18.96.170 and 1969 ex.s. c 158 s 17 are each amended
to read as follows:
((Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor.)) (1) Any person who violates any provision
of this chapter or any rule adopted under it is guilty of a misdemeanor
and may also be subject to a civil penalty in an amount not to exceed
one thousand dollars for each offense.
(2) It is the duty of all officers in the state or any political
subdivision thereof to enforce this chapter. Any public officer may
initiate an action before the board to enforce this chapter.
(3) The board may apply for relief by injunction without bond to
restrain a person from committing any act that is prohibited by this
chapter. In such proceedings, it is not necessary to allege or prove
either that an adequate remedy at law does not exist or that
substantial irreparable damage would result from the continued
violation thereof. The members of the board shall not be personally
liable for their actions in any such proceeding or in any other
proceeding instituted by the board under this chapter. The board in
any proper case shall cause prosecution to be instituted in any county
or counties where any violation of this chapter occurs, and shall aid
the prosecution of the violator.
(4) No person practicing landscape architecture may maintain a
proceeding in any court of this state relating to services in the
practice of landscape architecture unless it is alleged and proved that
the person was licensed or authorized under this chapter to practice or
offer to practice landscape architecture at the time the architecture
services were offered or provided.
Sec. 16 RCW 18.96.180 and 1969 ex.s. c 158 s 18 are each amended
to read as follows:
The board ((is authorized to apply for relief by injunction without
bond to restrain a person from the commission of any act which is
prohibited by this chapter. The members of the board shall not be
personally liable for their action in any such proceeding or in any
other proceeding instituted by the board under the provisions of this
chapter. The board, in any proper case, shall cause prosecution to be
instituted in any county or counties where any violation of this
chapter occurs, and shall aid in the prosecution of the violator))
shall immediately suspend the certificate of licensure or certificate
of authorization to practice architecture of a person who has been
certified under RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support order or
a residential or visitation order. If the person has continued to meet
other requirements for reinstatement during the suspension, reissuance
of the certificate shall be automatic upon the board's receipt of a
release issued by the department of social and health services stating
that the individual is in compliance with the order.
Sec. 17 RCW 18.96.190 and 1996 c 293 s 15 are each amended to
read as follows:
The ((director)) board shall suspend the certificate of
((registration)) licensure of any person who has been certified by a
lending agency and reported to the ((director)) board for nonpayment or
default on a federally or state-guaranteed educational loan or service-conditional scholarship. ((Prior to)) Before the suspension, the
agency must provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of
nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's certificate of
((registration)) licensure shall not be reissued until the person
provides the ((director)) board a written release issued by the lending
agency stating that the person is making payments on the loan in
accordance with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
certification of licensure during the suspension, reinstatement shall
be automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose.
NEW SECTION. Sec. 18 The landscape architects' license account
is created in the state treasury. All receipts from fees under this
chapter must be deposited into the account. Moneys in the account may
be spent only after appropriation. Expenditures from the account may
be used only for purposes under this chapter.
NEW SECTION. Sec. 19 This chapter does not affect or prevent:
(1) The practice of architecture, land surveying, engineering,
geology, hydrogeology, or any legally recognized profession or trade
such as certified irrigation designers, certified arborists,
professional foresters, certified landscape professionals, certified
landscape technicians, and certified irrigation auditors by persons not
licensed as landscape architects;
(2) The practice of architecture as authorized in chapter 18.08
RCW, engineering as authorized in chapter 18.43 RCW, space planning,
interior design, or any legally recognized profession or trade by
persons not licensed as landscape architects;
(3) Drafters, clerks, project managers, superintendents, and other
employees of landscape architects from acting under the instructions,
control, or supervision of their employers;
(4) The construction, alteration, or supervision of sites by
contractors or superintendents employed by contractors or the
preparation of shop drawings in connection therewith;
(5) Owners or contractors under chapter 18.27 RCW from engaging
persons who are not landscape architects to observe and supervise site
construction of a project;
(6) Qualified professional biologists as referenced in chapter
36.70 RCW from providing services for natural site areas that also fall
within the definition of the practice of landscape architecture without
a violation of this chapter;
(7) A nurseryman, gardener, landscape designer, or landscape
contractor from preparing planting plans or installing plant material
if the project scope does not impact the public health, safety, or
welfare; and
(8) Individuals from making plans, drawings, or specifications for
any property owned by them and for their own personal use.
NEW SECTION. Sec. 20 The following acts or parts of acts are
each repealed:
(1) RCW 18.96.050 (Board -- Terms of office -- Removal -- Compensation
and travel expenses) and 2005 c 25 s 2, 1984 c 287 s 52, 1975-'76 2nd
ex.s. c 34 s 54, & 1969 ex.s. c 158 s 5; and
(2) RCW 18.96.160 (Misuse of seal) and 1969 ex.s. c 158 s 16.
NEW SECTION. Sec. 21 Sections 18 and 19 of this act are each
added to chapter