GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1110

Short Title:  Landscape Architects.	(Public)

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Sponsors: Representatives McMahan; Berry, Buchanan, Culp, Dockham, Gulley, Starnes, Tallent, and Weatherly.

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Referred to:  Rules, Calendar and Operations of the House.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT AMENDING THE STATUTES RELATED TO LANDSCAPE ARCHITECTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 89A-1 reads as rewritten:
"§ 89A-1.  Definitions.
The following definitions apply in this Chapter:
	(1)	Board. – The North Carolina Board of Landscape Architects.
	(2)	Landscape architect. – A person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted, and holds a current certificate entitling him or her to practice ‘landscape architecture' and to use the title ‘landscape architect' in North Carolina under the authority of this Chapter.
	(3)	Landscape architecture or the practice of landscape architecture. –  Planning and designing the use, allocation, and arrangement of land and water resources, through the creative application of biological, physical, mathematical, and social processes.  To the extent that these services involve safeguarding life, health, and property, and include other professional services that may be necessary to the planning, progress, and completion of any landscape architectural services, such services may include:
a.	Consultation, research, analysis and assessment, selection, and allocation of land and water resources.
b.	Formulation of graphic and written criteria to govern the planning and design of land construction development programs including:
1.	The preparation, review, and analysis of master and site plans.
2.	Reconnaissance, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation.
c.	Design coordination and review of technical submissions plans and construction documents prepared by other professionals working under the direction of the landscape architect.
d.	Land preservation, restoration, conservation, reclamation, rehabilitation, management and development.
e.	Feasibility studies and site selection for developments.
f.	Integration, site analysis and determination of settings, grounds and location of buildings, structures, transportation systems, and environmental systems.
g.	Analysis and design of any of the following: grading and drainage, stormwater management, irrigation, systems for erosion and sediment controls, planting plans, lighting, and ground cover.
h.	Wetland construction and management.
i.	Feasibility studies, cost approximations, and reports for development."
Section 2.  G.S. 89A-2 reads as rewritten:
"§ 89A-2.  Practice of landscape architecture or use of title ‘landscape architect' without registration prohibited; use of seal.
(a)	No person shall use the designation ‘landscape architect,' ‘landscape architecture,' or ‘landscape architectural,' or advertise any title or description tending to convey the impression that he or she is a landscape architect or shall engage in the practice of landscape architecture unless the person is registered as a landscape architect in the manner hereinafter provided and thereafter complies with the provisions of this Chapter. Every holder of a certificate shall display it in a conspicuous place in his or her  principal office, place of business or employment.
(b)	Nothing in this Chapter shall be construed (i) to authorize a landscape architect to engage in the practice of architecture, engineering, or land surveying, (ii) to restrict or otherwise affect the rights of any person licensed to practice architecture under Chapter 83A, or engineering or land surveying under Chapter 89C of the General Statutes, (iii) to restrict any person from engaging in the occupation of grading lands whether by hand tools or machinery, or (iv) to restrict the planting, maintaining, or marketing of plants or plant materials.
	(c) Each landscape architect shall, upon registration, obtain a seal of the design authorized by the Board, bearing the name of the registrant, number of certificate and the legend ‘N.C. Registered Landscape Architect'.  Such seal may be used only while the registrant's certificate is in full force and effect.
Nothing in this Chapter shall be construed as authorizing the use or acceptance of the seal of a landscape architect instead of or as a substitute for the seal of an architect, engineer, or land surveyor."
Section 3.  G.S. 89A-3 reads as rewritten:
"§ 89A-3.  North Carolina Board of Landscape Architects; appointments; powers.
(a)	There is created the North Carolina Board of Landscape  Architects, consisting of seven members appointed by the Governor for four-year staggered terms. Five members of the Board shall have been engaged in the practice of landscape architecture in North Carolina at least five years at the time of their respective appointments. Two members of the Board shall not be landscape architects and shall represent the interest of the public at large. Each member shall hold office until the appointment and qualification of his or her successor. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No member shall serve more than two complete consecutive terms.
The Board shall be subject to the provisions of Chapter 93B of the  General Statutes.
(b)	The Board shall elect annually from its members a chair and a vice-chair and shall hold such meetings during the year as it may determine to be necessary, one of which shall consist of the annual meeting. A quorum of the Board shall consist of not less than three members.
(c)	The Board shall have power to compel the attendance of witnesses, to administer oaths, and to take testimony and proofs of all matters within its jurisdiction. The Board shall have the power to make such rules not inconsistent with law as may be necessary in the performance of its duties.
(d)	The Board shall elect a secretary, who may or may not be a member of the Board, and who shall hold office at the pleasure of the  Board. The members of the Board shall not be compensated except that the secretary shall receive such salary as is fixed by the Board. The members of the Board shall, however, be entitled to be reimbursed from Board funds for all proper traveling and incidental expenses incurred in carrying out the provisions of this Chapter."
Section 4.  G.S. 89A-4 reads as rewritten:
"§ 89A-4.  Application, examination, certificate.
(a)	Any person hereafter desiring to be registered and licensed to use the title ‘landscape architect' and to practice landscape architecture in the State, shall make a written application for examination to the Board, on a form prescribed by the Board, together with such evidence of his or her qualifications as may be prescribed by rules of the Board. Minimum qualifications under such rules shall require that the applicant:
(1)	Shall be at least 18 years of age.
(2)	Shall be of good moral character.
(3)	Shall be a graduate of an accredited collegiate curriculum in landscape architecture as approved by the Board.
(4)	Shall have at least three years' experience in landscape architecture.
(a1)	Notwithstanding the requirements of subdivisions (a)(3) and (4) of this section, any person who has had a minimum of seven years of education and experience in landscape architecture, in any combination deemed suitable by the Board, may make application to the Board for examination.
(b)	If the application is satisfactory to the Board, and is accompanied by the fees required by this Chapter, then the applicant shall be entitled to an examination to determine his or her qualifications. If the result of the examination of any applicant shall be satisfactory to the Board, then the Board shall issue to the applicant a certificate to use the title ‘landscape architect' and to practice landscape architecture in North Carolina. Examinations shall be held at least once a year at a time and place to be fixed by the Board which shall determine the subjects and scope of the examination. The Board may adopt rules for administering the examination in one or more parts at the same time or at different times.
(c)	The Board, within its discretion, may issue licenses without examination and licenses by reciprocity or comity to persons holding a license or certificate in landscape architecture from any legally constituted board of examiners in another state or country whose registration requirements are deemed to be equal or equivalent to those of this State.
	(e)	The Board, within its discretion, may grant a title only license to persons who have held for a minimum of 20 years a license or certificate in landscape architecture issued by the Board or a legally constituted  board of examiners in another state or country whose registration requirements are equal or equivalent to those of this State.  The title only license shall allow the person to use the title ‘landscape architect emeritus', but the person shall not practice landscape architecture in this State unless the person complies with the provisions of this Chapter. There shall be no fee charged for a title only license."
Section 5.  G.S. 89A-5 reads as rewritten:
"§ 89A-5.  Annual renewal of certificate.
Every registrant under this Chapter shall, on or before the first day of July in each year, obtain a renewal of a certificate for the ensuing year, by application, accompanied by the required fee.  Upon failure to renew, the certificate shall be automatically revoked.  The certificate may be renewed at any time within one year after its expiration if the applicant pays the required renewal fee and late renewal penalty, and the Board finds that the applicant has not used his or her certificate or title or engaged in the practice of landscape architecture after notice of revocation and is otherwise eligible for registration under the provisions of this Chapter. When necessary to protect the public health, safety, or welfare, the Board shall require such evidence as it deems necessary to establish the continuing competency of licensees as a condition of license renewal."
Section 6.  G.S. 89A-8 reads as rewritten:
"§ 89A-8.  Violation a misdemeanor; injunction to prevent violation.
(a)	It shall be a Class 2 misdemeanor for any person to use, or to hold himself or herself out as entitled to practice under the title of landscape architect or landscape architecture or to practice landscape architecture unless he or she is duly registered under the provisions of this Chapter. 
(b)	The Board may appear in its own name in the courts of the State and apply for injunctions to prevent violations of this Chapter."
Section 7.  This act is effective when it becomes law.