Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-10-054.

     Title of Rule and Other Identifying Information: The board of registration for landscape architects is proposing changes to WAC 308-13-010 State board of registration.

     The board is proposing adding WAC 308-13-011 The seal/stamp and 308-13-012 Standards of practice and conduct.

     Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Conference Room 209, Olympia, WA 98502, on July 1, 2008, at 1:00.

     Date of Intended Adoption: July 7, 2008.

     Submit Written Comments to: Sherri Lonsbery, P.O. Box 9045, Olympia, WA 98507-9045, e-mail slonsbery@dol.wa.gov, fax (360) 664-1495, by June 30, 2008.

     Assistance for Persons with Disabilities: Contact Graeme Kennedy by June 30, 2008, TTY (360) 664-8885 or (360) 664-1597.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add clarity to rule language and to reflect a current course of the profession.

     Reasons Supporting Proposal: To add clarity to rule language and to reflect a current course of the profession.

     Statutory Authority for Adoption: RCW 18.96.060 Board -- Rules -- Quorum -- Hearings.

     Statute Being Implemented: RCW 18.96.060 Board -- Rules -- Quorum -- Hearings.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of licensing (DOL), governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Lorin Doyle, Olympia, (360) 664-1387; and Enforcement: Joe Vincent, Jr., Olympia, (360) 664-1386.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department of licensing is exempt from this requirement.

     A cost-benefit analysis is not required under RCW 34.05.328. DOL is not one of the named agencies to which this rule applies. Agencies that are not named can apply this rule to themselves voluntarily. DOL has chosen not to do this.

May 20, 2008

Joe Vincent, Jr.

Administrator

OTS-1467.1

AMENDATORY SECTION(Amending Order PL 511, filed 1/31/85)

WAC 308-13-010   State board of registration.   (1) Meetings. The Washington state board of registration for landscape architects, hereinafter called the board, ((shall hold an annual public meeting during April of each year for the purpose of election of board officers and any other business of a public nature)) will hold quarterly regular public meetings each year.

     (2) Officers. At ((the annual public meeting)) its regular meeting during the second quarter of the calendar year, the board shall elect a chairman, a vice chairman, and a secretary for the ensuing year. The secretary may delegate the office's responsibilities in all or in part to the executive secretary.

[Statutory Authority: RCW 18.96.060. 85-04-029 (Order PL 511), § 308-13-010, filed 1/31/85; 80-05-141 (Order PL-343), § 308-13-010, filed 5/7/80; Order 2472, § 308-13-010, filed 12/16/69.]

     (1) Every landscape architect licensed in the state of Washington shall have a seal/stamp of design authorized by the board, bearing the registrant's name, license number and the legend "Registered landscape architect, state of Washington." The seal/stamp may be used in a horizontal or vertical format, and scaled as appropriate, provided it remains readable. Other deviations are not allowed. Facsimiles of the board-authorized seal/stamp appear below.

     (2) The following shall be signed and sealed/stamped by the landscape architect:

     (a) All technical submissions required for building permits, regulatory approvals and/or construction drawings that are filed with authorities having jurisdiction.

     (b) Drawings prepared by the landscape architect on each sheet.

     (c) Specifications and other technical submissions need only be sealed/stamped on the cover, title page, and all pages of the table of contents.

     (3) No landscape architect's seal/stamp or countersignature shall be affixed to any drawings not prepared by the landscape architect or his or her regularly employed subordinates, or reviewed by the landscape architect. A landscape architect who seals/stamps or signs drawings or specifications that he or she has reviewed shall be responsible to the same extent as if prepared by that landscape architect.

     (4) Without exception, these sealing/stamping requirements for landscape architects shall apply to all work prepared or supervised by the landscape architect.

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     (a) In practicing landscape architecture, a landscape architect shall act with reasonable care and competence and shall apply the technical knowledge and skill that is ordinarily applied by landscape architects of good standing practicing in the same locality.

     (b) In designing a project, a landscape architect shall take into account all applicable construction laws, zoning codes and other applicable laws or regulations. A landscape architect shall not knowingly design a project in violation of such laws and regulations.

     (c) A landscape architect shall undertake to perform professional services only when the landscape architect, together with those whom the landscape architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.

     (2) Conflict of interest.

     (a) A landscape architect shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

     (b) If a landscape architect has any business association or direct or indirect financial interest that is substantial enough to influence the landscape architect's judgment in connection with the performance of professional services, the landscape architect shall fully disclose this in writing to the client or employer. If the landscape architect's client or employer objects to such association or financial interest, the landscape architect shall either terminate such association or interest or offer to give up the commission or employment.

     (c) A landscape architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

     (d) When acting as the interpreter of landscape contract documents and the judge of contract performance, a landscape architect shall render decisions impartially, favoring neither party to the contract.

     (3) Full disclosure.

     (a) A landscape architect shall disclose whenever he or she is being compensated for making public statements concerning landscape architectural issues.

     (b) A landscape architect shall accurately represent to a prospective or existing client or employer the landscape architect's qualifications and clearly define the scope of his or her responsibility in connection with work for which the landscape architect is claiming responsibility.

     (c) If a landscape architect becomes aware of a decision made by his or her employer or clients against the landscape architect's advice, that violates applicable construction laws, zoning codes or other applicable regulations and that will, in the landscape architect's judgment, materially and adversely affect the public health, safety and welfare, the landscape architect shall:

     (i) Report the decision to the local authorities or other public official charged with the enforcement of such laws and regulations;

     (ii) Refuse to consent to the decision; and

     (iii) In circumstances where the landscape architect reasonably believes that other such decisions will be made notwithstanding his or her objection, then the landscape architect shall terminate services with reference to the project. In the case of a termination in accordance with this paragraph of this rule, the landscape architect shall have no liability to the client on account of such termination.

     (d) A landscape architect shall not deliberately make a materially false statement or deliberately fail to disclose a material fact requested in connection with an application for licensure or renewal.

     (e) A landscape architect shall not assist in the application for licensure of a person known by the landscape architect to be unqualified in respect to education, examination, experience or character.

     (4) Compliance with laws.

     (a) A landscape architect shall not, in the practice of landscape architecture, knowingly violate any criminal law.

     (b) A landscape architect shall neither offer nor make any payment or gift to any governmental official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the landscape architect is interested.

     (c) A landscape architect shall comply with the laws and regulations governing professional practice in any jurisdiction.

     (5) Professional conduct. A landscape architect shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the landscape architect is interested.

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