Landscape Architects Practice Act - Update

Landscape Architects Practice Act
updates through January 1, 2010

Statutes and regulations that have been amended or adopted are listed below and the modifications have been shaded within the text for easy reference.

BUSINESS AND PROFESSIONS CODE
Division 3, Chapter 3.5

Effective January 1, 2008

§ 5616. Landscape Architecture Contract – Contents, Notice Requirements

(a) A landscape architect shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the landscape architect and the client, or their representatives, prior to the landscape architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following:

  (1) A description of services to be provided by the landscape architect to the client.
  (2) A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and the method of payment agreed upon by both parties.
  (3) A notice that reads:

"Landscape architects are licensed by the State of California."

  (4) The name, address, and license number of the landscape architect and the name and address of the client.
  (5) A description of the procedure that the landscape architect and client will use to accommodate additional services.
  (6) A description of the procedure to be used by either party to terminate the contract.

(b) This section shall not apply if the client knowingly states in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(c) This section shall not apply to any of the following:

  (1) Professional services rendered by a landscape architect for which the client will not pay compensation.
  (2) An arrangement as to the basis for compensation and manner of providing professional services implied by the fact that the landscape architect's services are of the same general kind that the landscape architect has previously rendered to and received payment from the same client.
  (3) Professional services rendered by a landscape architect to any of the following:

    (A) A landscape architect licensed under this chapter.
    (B) An architect licensed under Chapter 3 (commencing with Section 5500).
    (C) A professional engineer licensed under Chapter 7 (commencing with Section 6700).
    (D) A professional land surveyor licensed under Chapter 15 (commencing with Section 8700).
    (E) A contractor licensed under Chapter 9 (commencing with Section 7000).
    (F) A geologist or geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
    (G) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with, or incidental to, the products, systems, or services of that corporation or its affiliates.
    (H) A public agency.

(d) As used in this section, "written contract" includes a contract that is in electronic form.

§ 5640. Unlicensed Person Engaging in Practice – Sanctions

It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment, for a person to do any of the following without possessing a valid, unrevoked license as provided in this chapter:

(a) Engage in the practice of landscape architecture.
(b) Use the title or term "landscape architect", "landscape architecture," "landscape architectural," or any other titles, words, or abbreviations that would imply or indicate that he or she is a landscape architect as defined in Section 5615.
(c)Use the stamp of a licensed landscape architect, as provided in Section 5659.
(d) Advertise or put out a sign, card, or other device that might indicate to the public that he or she is a licensed landscape architect or qualified to engage in the practice of landscape architecture.

Effective January 1, 2010

§ 5651. Examination of Applicants

(a) The board shall by means of examination, ascertain the professional qualifications of all applicants for licenses to practice landscape architecture in this state and shall issue a license to every person whom it finds to be qualified on payment of the initial license fee prescribed by this chapter.
(b) The examination shall consist of a written examination. The written examination may be waived by the board if the applicant meets both of the following requirements:

  (1) Is currently licensed by a United States jurisdiction, Canadian province, or Puerto Rico, has passed a written examination equivalent to that which is required in California at the time of application, and has submitted proof of job experience equivalent to that required of California applicants at the time of application.
  (2) Has passed the California supplemental examination if, at the time of application, it is required of all California applicants.

CALIFORNIA CODE OF REGULATIONS
Title 16. Professional and Vocational Regulations
Division 26. California Landscape Architects Technical Committee

Effective August 1, 2008 (See § 2649 amendments effective October 1, 2009)

§ 2649. Fees.

The fees for landscape architect applicants and landscape architect licensees shall be fixed by the Board as follows:

(a) The fee for reviewing an eligibility application or an application to take any section of the national licensing examination or the California Supplemental Examination is $35.

(b)(1) Effective October 3, 2007, the fee for each examination administered by the Board is as follows:

Exam Section and Title	Fee
Section C — Site Design	$280
Section E — Grading, Drainage and Stormwater Management	$280
California Supplemental Examination	$55

  (2) Effective August 1, 2008, the fee for each examination administered by the Board is as follows:

Exam Section and Title	Fee
Section C — Site Design	$290
Section E — Grading, Drainage and Stormwater Management	$290
California Supplemental Examination	$225

  (3) Effective July 1, 2009, the fee for each examination administered by the Board is as follows:

Exam Section and Title	Fee
Section C — Site Design	$290
Section E — Grading, Drainage and Stormwater Management	$290
California Supplemental Examination	$275

(c) The fee for a duplicate license is $15.
(d) The penalty for late notification of a change of address is $50.
(e) The fee for an original license is $300. For licenses issued on or after July 1, 2009, the fee for original license shall be $400.
(f) The fee for a biennial renewal is $300. For licenses expiring on or after July 1, 2009, the fee for a biennial renewal shall be $400.
(g) The fee for a standard review is $60.
(h) The fee for a Section C or Section E red line review is $140.

Effective October 1, 2009

§ 2606. Stamp.

The stamp authorized by Sections 5659 and 5673 of the Code may be purchased by the landscape architect from any convenient source, but shall be of the design illustrated here and shall be between one (1) and two (2) inches in diameter.

§ 2611. Abandonment of Application.

(a) An applicant whose application for licensure is incomplete shall be deemed to have abandoned the application if he or she does not submit all required documents, data and information within one year from the date of the letter notifying the applicant that the application is incomplete.
(b) An applicant whose application for the California Supplemental Examination has been accepted shall be deemed to have abandoned the application if he or she does not take the California Supplemental Examination within three years from the date an eligibility letter was issued.
(c) Any application submitted subsequent to the abandonment of a former application shall be treated as a new application.

§ 2614. Examination Transition Plan.

(a) A candidate who has received Board credit for any section of the Uniform National Examination for Landscape Architects (hereafter UNE) shall be given credit for those sections as those sections correspond to the 1992 Landscape Architect Registration Examination (hereafter LARE) sections in accordance with the following transition chart:

Previous Sections Passed UNE	Credit to 1992 LARE
Section 1 — Professional Practice	Section 1 —; Legal and Administrative Aspects of Practice
Section 2 — Design	Section 2 — Programming and Environmental Analysis Section 3 - Conceptualization Section 4 - Design Synthesis
Section 4 — Design Implementation	Section 5 — Integration of Technical and Design
Section 5 — Grading and Drainage	Section 6 ¯ Grading and Drainage
Section 6 — California Section	Section 8 — California Section

(b)(1) A candidate who has received Board credit for any section of the 1992 LARE shall be given credit for those sections as those sections correspond to sections of the Professional Examination for Landscape Architects (hereafter PELA) in accordance with the following transition chart:

Previous Sections Passed 1992 LARE	Credit to PELA
Section 1 — Legal and Administrative Aspects of Practice Section 2 — Programming and Environmental Analysis Section 7 — Implementation of Design	Section 1 — Objective
Section 4 — Design Synthesis	Section 2 — Design
Section 5 — Integration of Technical Design Section 6 — Grading and Drainage	Section 3 — Construction Documents
Section 8 — California Section	Section 4 — California Section

  (2) A candidate who is transferring credit from the UNE or 1992 LARE to the PELA and has not previously received Board credit for Section 8 (California) of the LARE shall be required to take and pass either Section 1 (Objective) or Section 4 (California) of the PELA. A candidate who has been granted transfer credit from the LARE to Section 1 of the PELA may not apply such transfer credit to fulfill his or her requirement to have passed the California Section of the PELA.

(c)(1) A candidate who has received Board credit for any section of the PELA shall be given credit for the corresponding sections of the 1997 through 1998 LARE and the California Section in accordance with the following transition chart:

Previous Sections Passed PELA	Credit to 1997 through 1998 LARE and California Section
Section 1 — Objective	Section 1 — Legal and Administrative Aspects of Practice Section 2(7) — Analytical and Technical Aspects of Practice, and California Section
Section 2 — Design	Section 3 — Conceptualization and Communication Section 4 — Design Synthesis
Section 3 — Construction Documents	No Transition Credit
Section 4 — California Section	California Section
No Transition credit	Section 5 — Integration of Technical Design Requirements Section 6 — Grading and Drainage

  (2) To receive Board credit for Section 2 (7) – Analytical and Technical Aspects of Practice of the 1997 through 1998 LARE, a candidate shall either have passed Section 1 – Objective of the PELA or have received credit for both Section 2 – Programming and Environmental Analysis and Section 7 – Implementation of Design Through the Construction Process of the pre-1997 LARE, either by having previously passed those sections of the pre-1997 LARE or by having received transition credit from the UNE.

(d)(1) A candidate who has received credit for any section of the LARE which was administered on or before December 31, 1998 shall be given credit for the corresponding sections of the LARE administered on or after June 1999 in accordance with the following transition chart:

Previous Sections Passed 1998 and Prior LARE	Credit to June 1999 through 2005 LARE
Section 1 — Legal and Administrative Aspects of Practice	Section A —; Legal and Administrative Aspects of Practice
Section 2 — Analytical and Technical Aspects of Practice	Section B — Analytical Aspects of Practice
Section 3 — Conceptualization and Communications; and Section 4 — Design Synthesis	Section C — Planning and Site Design
Section 5 — Integration of Technical and Design Requirements	Section D — Structural and Materials and Methods of Construction
Section 6 — Grading and Drainage	Section E — Grading, Drainage and Storm Water Management

  (2) A candidate shall receive credit for Section C of the LARE administered on or after June 1999 only if the candidate has passed both Sections 3 and 4 of the LARE administered on or before December 31, 1998. A candidate who has passed either Section 3 or 4 of the LARE administered on or before December 31, 1998, but not both, shall be required to pass Section C of the LARE administered on or after June 1999.

(e) Effective April 2006 the LARE was reformatted and the sections renamed. Credits and conversions provided for the June 1999 through June 2005 sections remain:

Previous Sections Passed June 1999-2005 LARE	Credit to April 2006 and thereafter LARE
Section A — Legal and Administrative Aspects of Practice	Section A – Project and Construction Administration
Section B — Analytical Aspects of Practice	Section B – Inventory, Analysis and Program Development
Section C — Planning and Site Design	Section C – Site Design
Section D — Structural and Materials and Methods of Construction	Section D – Design and Construction Documentation
Section E — Grading, Drainage and Storm Water Management	Section E – Grading, Drainage and Stormwater Management

§ 2615. Form of Examinations.

A candidate shall be deemed eligible and may apply for the California Supplemental Examination upon passing all sections of the Landscape Architect Registration Examination.

All candidates applying for licensure as a landscape architect shall pass all sections of the Landscape Architect Registration Examination or a written examination substantially equivalent in scope and subject matter required in California, as determined by the Board, and the California Supplemental Examination subject to the following provisions:

(a) A candidate who is licensed as a landscape architect in a U.S. jurisdiction, Canadian province, or Puerto Rico by having passed a written examination substantially equivalent in scope and subject matter required in California as determined by the board shall be eligible for licensure upon passing the California Supplemental Examination.
(b) A candidate who is not a licensed landscape architect and who has received credit from a U.S. jurisdiction, Canadian province, or Puerto Rico for a written examination substantially equivalent in scope and subject matter required in California shall be entitled to receive credit for the corresponding sections of the Landscape Architect Registration Examination, as determined by the Board, and shall be eligible for licensure upon passing any remaining sections of the Landscape Architect Registration Examination and the California Supplemental Examination.

§ 2616. Application for Licensure Following Examination.

(a) A candidate, having passed all sections of the Landscape Architect Registration Examination and the California Supplemental Examination, shall apply for a landscape architects license within five years after the date of mailing of examination results. (b) A candidate who fails to apply for a license in accordance with subsection (a) shall not be issued a license unless the candidate reapplies for a license and meets the following requirements:

  (1) No fact, circumstance, or condition exists which would justify denial under Business and Professions Code Section 480,
  (2) The candidate pays all of the fees which would be required of the candidate if the candidate were then applying for the license for the first time, and
  (3) The candidate takes and passes the examination which would be required of all candidates applying for the first time, or is subject to waiver of the examination pursuant to Business and Professions Code Section 5651(b).

§ 2621. Holding Examinations.

(a) After a candidate has been found to possess the minimum requirements as provided in Section 5650 of the Code, he or she will be notified of the process required to apply and examine for specific sections of the Landscape Architect Registration Examination.
(b) To qualify for licensure, an applicant must pass each section of the Landscape Architect Registration Examination and the California Supplemental Examination. In case of failure of one or more sections, such sections may be retaken at a subsequent examination after application as prescribed above. Sections passed successfully need not be repeated.
(c) After a candidate has applied and been found to have passed all sections of the Landscape Architect Registration Examination as provided in Section 2614, he or she will be notified of the process required to apply and examine for the California Supplemental Examination.
(d) An applicant who fails to take an assigned California Supplemental Examination shall forfeit his or her examination fee. It is further provided that any unused portion of the examination fee may be transferred by the Board to the next scheduled examination where reasons of health, certified by a medical doctor, or other verifiable good cause exists that prevent taking the examination, are provided to the Board within fourteen (14) days after the assigned examination.
(e) Each candidate shall be notified as to his or her score in each section of the examination.

§ 2649. Fees.

The fees for landscape architect applicants and landscape architect licensees shall be fixed by the Board as follows:

(a) The fee for reviewing an eligibility application or an application to take the California Supplemental Examination is $35.
(b) The fee for the California Supplemental Examination is $225. On or after July 1, 2009, the fee for the California Supplemental Examination is $275.
(c) The fee for a duplicate license is $15.
(d) The penalty for late notification of a change of address is $50.
(e) The fee for an original license is $300. For licenses issued on or after
July 1, 2009, the fee for original license shall be $400.
(f) The fee for a biennial renewal is $300. For licenses expiring on or after July 1, 2009, the fee for a biennial renewal shall be $400.