BILL REQ. #:  S-0402.2 

Read first time 01/19/09.   Referred to Committee on Labor, Commerce & Consumer Protection.

     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, 18.96.180, and 18.96.190; adding new sections to chapter 18.96 RCW; creating a new section; repealing RCW 18.96.050, 18.96.160, and 18.96.170; 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 2009.

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:
     "Director" means the director of licensing of the state of Washington.)) The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
     (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" means the conceiving, planning, delineation, siting, and arrangement of natural and built features. Where applied to the discussion of structures or utility systems, design does not include the act of engineering such features.
     (6) "Director" means the director of licensing.
     (7) "Engineer" means an individual who is registered as an engineer under chapter 18.43 RCW.
     (8) "Engineering" means the "practice of engineering" as defined in RCW 18.43.020.
     (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, steps, trellises, canopies, 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 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.

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.
     The board may conduct hearings concerning alleged violations of the provisions of this chapter)) may adopt such rules under chapter 34.05 RCW as are necessary for the proper performance of its duties under 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;
     (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; or
     (d) Have education and experience equivalent to the qualifications outlined in (a), (b), or (c) of this subsection as approved by the board.

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 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 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 obtains a certificate of licensure.

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.
     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)) 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.
     (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 natural factors and landscape architecture licensure.

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:
     (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.)) The board may impose any action in RCW 18.235.110 upon the following grounds:
     (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.
     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.)) (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.
     (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 individuals under his or her direct control, 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.

Sec. 15   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 to practice landscape 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. 16   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. 17   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. 18   This chapter does not affect or prevent:
     (1) The practice of architecture, land surveying, engineering, geology, or any recognized profession by persons not licensed as landscape architects;
     (2) Drafters, clerks, project managers, superintendents, and other employees of landscape architects from acting under the instructions, control, or supervision of their employers;
     (3) The construction, alteration, or supervision of sites by contractors or superintendents employed by contractors or the preparation of shop drawings in connection therewith;
     (4) 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;
     (5) 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;
     (6) The preparation of construction documents including planting plans, landscape materials, or other horticulture-related elements;
     (7) Individuals from making plans, drawings, or specifications for any property owned by them and for their own personal use;
     (8) The design of irrigation systems; and
     (9) Landscape design on residential properties.

NEW SECTION.  Sec. 19   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; and
     (3) RCW 18.96.170 (Penalty) and 1969 ex.s. c 158 s 17.

NEW SECTION.  Sec. 20   Sections 17 and 18 of this act are each added to chapter 18.96 RCW.