CHAPTER 190

FORMERLY

SENATE SUBSTUTITE NO. 1

FOR

SENATE BILL NO. 83

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE, RELATING TO PROFESSIONS AND OCCUPATIONS; AND PROVIDING FOR THE REGULATION AND REGISTRATION OF LANDSCAPE ARCHITECTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 24 of the Delaware Code by adding thereto a new chapter, designated as Chapter 2, which new Chapter shall read as follows:

"CHAPTER 2. LANDSCAPE ARCHITECTS

§201. Definitions

The following words, terms and phrases, when used in this Chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(a) 'Landscape architect' shall mean 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 to use the designation 'landscape architect', and practices landscape architecture in this State under the authority of this Chapter.

(b) 'Landscape architecture' shall mean any service or creative work, the adequate performance of which requires landscape architectural education, training and experience. It shall mean the performance of professional services such as consultation, investigation, research, planning, design, preparation of drawings, specifications and contract documents, and responsible supervision or construction management 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 plantings, naturalistic and aesthetic values; the determination of settings, grounds and approaches for buildings and structures or other improvements; the determination of environmental problems of land relating to erosion, flooding, blight and other hazards; the shaping and contouring of land and water forms; the setting of grades, determination of drainage and providing for storm drainage systems where such systems do not require structural design of system components, and determination of landscape irrigation.

`Landscape architecture' shall include the design of such tangible objects and features as are necessary to the purpose outlined herein but shall not include the design of buildings, structures and utilities with separate and self-contained purposes such as are ordinarily included in the practice of architecture or engineering.

(c) 'Board' shall mean the Delaware State Board of Landscape Architechture.

§202. Board: Appointment; Compensation

(a) There is hereby created a Delaware State Board of Landscape Architecture, which shall consist of five members appointed by the Governor. The original appointees of the Board must hold a degree from a college or school of landscape architecture and have two years of practical experience in landscape architectural work in Delaware not including education, or such original appointees must have eight years of actual and practical experience in landscape arthitectural work. All appointees after the original Board shall be landscape architects registered by the Board. The Governor shall choose the original appointees to the Board as follows: three members from candidates recommended by the Delaware Section of Pennsylvania Chapter of the American Society of Landscape Architects; one member from the candiates recommended by the Dean of the School of Agriculture at the University of Delaware; and one member from the candidates recommended by the Head of the Art History Department at the University of Delaware. All vacancies after the appointment of the original Board shall be filled by the Governor from one or more, as the case may be, of the recommendations of each of the following:

(1) the State Board of Landscape Architecture;

(2) the Dean of the School of Agriculture at the University of Delaware; and

(3) the Head of the Art History Department of the University of Delaware.

Upon the failure of all of the foregoing persons or Boards to submit recommendations to the Governor within sixty days of any vacancy on the Board, the Governor may fill such vacancy with an appointee of his choice.

(b) Appointments shall be for three-year terms, one of which expires each year after the initial three-year period. Each member shall hold office until the appointment and qualification of his successor. Vacancies occurring prior to the expiration of the term shall be filled by appointment in like manner for the unexpired term. The members of the Board shall serve without compensation, except that if a member of the Board is elected as Secretary to the Board, such members shall receive the salary fixed for the Secretary of the Board. Each member shall receive the necessary travel and other expenses incurrred in the actual performance of his duties under the provisions of this Chapter.

each member of the Board shall take and subscribe to the oath of office and file it with the Secretary of the State.

(d) The Board shall elect, at its first meeting of every calendar year, from among its members, a President to hold office for one year and a Secretary who may or may not be a member of the Board. The Secretary shall hold such office at the pleasure of the Board, and shall receive a salary within the appropriation to the Board by the General Assembly.

§203. Powers and Duties of the Board

(a) The Board shall have the powers and duties listed in this section.

(b) The Board shall have such employees as may be provided for by appropriations from the annual State budget.

(c) The Board may make, adopt, and amend such rules and regulations as it deems necessary to carry out the provisions of this Chapter.

(d) The Board shall hold at least one meeting per year for purpose of. examining candidates for registration as landscape architects. It may hold such other meetings and hearings as are required for the proper performance of its duties under the provisions of this Chapter.

() The Board shall adopt a seal for use in transacting its official business.

(a) The Board shall keep a record of its proceedings and shall make an Annual Report thereon w the Governor.

(b) For purposes of enforcing the provisions of this Chapter, the Board shall:

place in its principal office or place of employment.

are involved in the practiceof his particular profession, were not prepared by him or under his personal supervision by his regularly employed subordinate.

architect to serve as a substitute for the seal of a licensed architect, specifications or drawings, if such portions thereof as chitect, a licensed professional engineer or land surveryor, as surveying, except that which is incidental to the practice of landscape architecture; nor to permit the seal of a landscape the case may be; nor permit his seal to be affixed to any landscape architect to practice architecture, engineering or land stamped with said seal.

specifications, prepared by such landscape architect, or artchitect and the words 'Registered Landscape Architect, under the supervision of such landscape architect, shall be State of Delaware' and such other words or figures as the Board may deem necessary. All working drawings and by the Board, which shall contain the name of the landscape a registration certificate shall display it in a conspicuous or a temporary permit as a landscape architect and shall comply with the provisions of this Chapter. Every holder of architecture or is a landscape architect, unless such person shall have secured from the Board, a registration certificate device to indicate that such person is practicing landscape arson shall practice landscape architecture in this State, or use the title 'landscape architect' on any sign, title, card or witnesses, and receive evidence.

place within the State of Delaware;

(a) Every landscape architect shall have a seal, approved

() No such registration certificate shall permit a land-(2) administer oaths and affirmations, examine wit-§20S. Approved Seal

In order to safeguard, life, health and property, no per-§204. Registration; Necessity; Display

§206. Application; Examination; Certificate

(a) Any person hereafter desiring to be registered and licensed to use the title 'landscape architect' and practice landscape architecture in this State, shall make a written application for examination to the Board, on a form prescribed by the Board, together with such evidence of his qualifications as may be prescribed by the rules and regulations of the Board.

(b) If said 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 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 the State of Delaware.

(c) The Board, within its discretion, may issue temporary permits pending examination.

§207. Qualifications for Registration

(a) For registration as a landscape architect, evidence must be submitted that the aplicant:

(1) has, before admission to the examination, completed the course of study in, and has been graduated from, a college or school of landscape architecture approved by the Board;

(b) An applicant shall also submit, before admission to the examination, evidence of actual practical experience in landscape architectural work of a grade and character satisfactory to the Board as determined by a notarized application questionnaire. Each complete year of study in such approved college or school of landscape architecture may be accepted in lieu of one year of such experience, and the applicant must submit evidence of sufficient additional acceptable experience to total six years'of combined education and experience. The applicant, in any event, must have a minimum of two years of actual practical experience. In lieu of graduation from an approved college or school of landscape architecture, and the practical experience in addition thereto, an applicant may be admitted to the examination upon presenting evidence of at least eight years of actual, practical experience in landscape architectural work of a grade and character satisfactory to the Board as determined by but not limited to the review of plans, specifications, and professional landscape architectural documents prepared solely by the applicant.

§208. Examinations

(a) Examinations for registration shall be held by the Board once each year provided that applications shall have been received in due time. The Board shall adopt rules and regulations covering the subjects and scope of the examinations, shall publish appropriate announcements, and shall conduct the examinations at the times designated.

() Except as otherwise provided in this Chapter, every applicant for registration shall establish by written examination his knowledge of plant material, landscape architectural design, specifications and supervision for the installation of landscape projects, and the history of landscape architecture as well as other subjects related to the profession and to professional practice.

(a) Each written examination may be supplemented by such oral examination and/or showing of drawings as the Board shall determine.

§209. Payment of Fees; Penalties

(a) All fees and other charges collectible pursuant to this Chapter shall be payable to the State General Fund. The authorized expenses for administration of this Chapter shall not exceed the fees collected pursuant to this Chapter. Every fee shall be due and payable on or before the thirty-first day of January of each year, and shall become delinquent thereafter.

(b) If the annual registration fee is not paid before it becomes delinquent, a penalty of three dollars ($3.00) shall be added to the amount thereof.

() If the annual registration fee and penalty are not paid before the thirtieth day of June in the year in which they become due, the landscape architect's certificate shall be suspended from and after the expiration of thirty days from the date of mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the landscape architect at his address as it appears in the records of the Board. Such notice of delinquency to the landscape architect shall state that upon expiration of the time therein allowed, his certificate shall be suspended unless within such time the annual registration fee and penalty are remitted.

() After the certificate has been suspended, it may be reinstated upon the payment of delinquency fees and penalties together with a reinstatement fee of twenty-five dollars ($25.00) and such further proof of the landscape architect's qualifications as may be required in the sound discretion of the Board.

(a) The Board shall issue a receipt to each landscape architect promptly upon payment of the annual registration fee.

§210. Schedule of Fees

The following fees shall be collected by the State of Delaware:

registration by reciprocity, temporary permit, or renewal: $50.00.

(b) An original certificate: $15.00.

(c) Temporary certificate (for each landscape project): $50.00.

(d) A duplicate certificate: $15.00.

(e) Annual registration fee: $50.00.

() Fee for examination: $25.00.

§211. Reciprocity

The Board may certify for registration without examination any applicant who is legally registered by examination as a landscape architect in any other State or country whose requirements for registration are at least equivalent to the requirements of this State, and which extends the same privilege of reciprocity of landscape architects registered in this State.

§0. Exemptions

(a) The provisions of this Chapter shall not affect laws relating to architects, professional engineers, professional land surveyors, landscape contractors and city, state, county and municipal planners, respectively.

(b) A registered architect or professional civil engineer, certified to practice his profession in the State of Delaware, under the provisions of any Act to regulate the practice of that profession insofar as he practices in its various branches, is exempt from registration under the provisions of this Chapter.

(c) A landscape contractor, engaged in the business of, or acting in the capacity of a landscape contractor in the State of Delaware under the provisions of any Act to regulate landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms, is exempt from registration under the provisions of this Chapter.

(d) A city planner is exempt from registration under the provisions of this Chapter.

() Every agriculturist, horticulturist, forester, nurseryman, gardener, landscape gardener, garden or lawn caretaker, and grader or cultivator of land is exempt from registration under the provisions of this Chapter.

(a) Persons who act under the supervision of a registered landscape architect or an employee of a person lawfully engaged in the prctice of landscape architecture and who, in either event, does not assume responsible charge of design or supervision is exempt from registration under the provisions of this Chapter.

(b) Employees of the United States Government while engaged within this State in the practice of landscape architecture for the Federal Government are exempt from registration under the provisions of this Chapter.

(c) 'Regional planners' or 'urban planners' are exempt from registration under the provisions of this Chapter.

() A landscape designer whose business is limited to consultation and preparation of plans and specifications with respect to choosing types of plans and planning the location thereof is exempt from registration under the provisions of this Chapter.

0) Persons in the occupations set forth in this section, except landscape architects under subsection (g), shall not use the title 'Landscape Architect' or practice 'landscape architecture' without complying with the provisions of this Chapter.

§213. Corporations and Parnerships

(a) The privilege of engaging in the practice of landscape architecture is personal, based upon the qualifications of the individual evidenced by his registration and is not transferrable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of landscape architecture, as defined within this Chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved same.

(b) Nothing in subsection (a) of this section shall be construed to prevent the formation of partnerships and corporations as a vehicle for the practice of landscape architecture subject to the following conditions:

(1) the practice of or offer to practice landscape architecture for others by individual landscape architects registered under the provisions of this Chapter through a corporation as officers, employees or agents, or through a partnership as partners, officers, employees or agents, or the offering or rendering of landscape architectural services by a corporation or partnership through individual landscape architects registered under this Chapter is permitted, subject to the provisions of this Chapter; provided, however:

(i) one or more of the corporate officers in the case of a corporation, or one or more of the partners in the case of a partnership, is designated as being responsbile for any services in the practice of landscape architecture on behalf of the said corporation or partnership and is a landscape architect registered under the provisions of this Chapter; who act in its behalf as landscape architects, are registered under the provisions of this Chapter; and

(iii) said corporation or partnership has been issued a certificate of authorization by the Board, as herein provided.

(c) The requirements of this Chapter shall not prevent a corporation and its employees from performing landscape architectural services for a corporation, its subsidiary, or for affiliated corporations.

(1) A corporation or partnership desiring a certificate of authorization shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names and addresses of all officers and members of the corporation, or officers and partners of the partnership and also of an individual or individuals duly registered to practice landscape architecture in this State who shall be in responsible charge of the practice of landscape architecture through the said corporation or partnership, and other information required by the said Board, accompanied by the appropriate fee. A form, giving the same information, shall accompany the annual renewal fee. In the event there should be a change in the list during the year, such change shall be designated on a copy of the same form or on an identical duplicate,, and filed with the Board within thirty days after the effective date of said change. If all of the requirements of this section are met, the Board shall issue a certificate of authorization to such corporation or partnership, and the corporation or partnership shall be authorized to contract for and to collect fees for landscape architectural services.

(2) No such corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing landscape architecture be relieved of responsibility for landscape architectural services performed by reason of his employment or relationship with such corporation or partnership.

§214. Revocation or Suspension of Registration Certificate.

The Board shall have the power to revoke, suspend or annul the registration certificate (which term, as used in this section, shall include a temporary permit) or registration of a landscape architect and may reprimand, censure or otherwise discipline a landscape architect whenever the Board finds that:

(a) the holder of a registration certificate is practicing landscape architecture in violation of this Chapter;

() a registration certificate has been obtained by fraud or misrepresentation;

(a) any money was paid to secure such registration certificate except fees prescribed by this Chapter;

(b) the holder of a registration certificate is falsely impersonating a practitioner or former practitioner or is practicing under an assumed name or alias;

(c) the holder of a registration certificate has been guilty of a felony;

(d) the holder of a registration certificate has aided and abetted, in the practice of landscape architecture, any person not duly authorized to practice landscape architecture under the provisions of this Chapter;

(e) the holder of a registration certificate is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of landscape architecture;

(f) the holder of a registration certificate permitted his seal to be affixed to plans, specifications or drawings, although such portions thereof as involve the practice of landscape architecture were not prepared by such holder or under his personal supervision by a regularly employed subordinate.

§215. Procedure for Revocation or Suspension

(a) Any person may prefer charges against a landscape architect. Such charges shall be in writing and sworn to by the complaint and shall be forwarded to the Board. Unless the charges are dismissed by the Board as unfounded or trivial, they shall be heard by the Board within three months of the date on which they are filed. Each person making a complaint to the Board, if the complaint is dismissed, shall receive the reasons for such dismissal, in writing, from the Board. At such hearing, the landscape architect against whom the charges were filed shall have the right to appear personally or by counsel, to cross-examine witnesses against him and to produce evidence and witnesses in his defense.

() The Board shall fix the time and place to hear the charges filed against such landscape architect and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be served upon him at least thirty days before the date fixed for the hearing. Where personal service cannot be effected and such fact is certified under oath by any person duly authorized to make legal service, the Board shall cause to be published once a week for four consecutive weeks, the last publication of which shall be at least thirty days prior to the hearing, a notice that charges have been preferred against the landscape architect and the date of the hearing. Such Notice shall be published in a newspaper having general circulation in the county in which the landscape architect was practicing at the time of the incident giving rise to the charges or the last known address according to his registration certificate. A copy of such Notice shall also be mailed to such person at his last known address.

(a) All hearings shall be informal without use of the Rules of Evidence. If the Board finds, by a majority vote, that the charges have merit and the landscape architect has violated one of the provisions of this Chapter it shall issue an Order revoking, suspending or annulling the registration of the accused or reprimanding, censuring or otherwise disciplining such person, and shall mail such Order to the registrant. The Order shall become effective on the thirtieth day after such mailing, unless there is an appeal by the registrant to the Superior Court within that time.

(d) Nothing within this Chapter shall be interpreted as preventing the Board from initiating proceedings in any case against any registrant.

§216. Appeals

Any person aggrieved by any action of the Board may appeal the Board's decision to the Superior Court within thirty days of the mailing of the Notice of the Board's Order to the registrant. Upon such appeal the court shall hear the evidence de novo and the filing of an appeal shall act as a stay of the Board's Order, pending the final determination of such appeal.

§217. Restoration of Registration

The Board may restore a registration certificate to any person whose registration has been revoked or suspended. Application for the re-issuance of a registration certificate shall be made in such manner as the Board may direct.

§218. Penalties; Jurisdiction of Superior Court (a) It shall be a misdemeanor for any person to:

(1) practice or offer to practice or hold himself out as entitled to practice landscape architecture, unless duly authorized under the provisions of this Chapter;

(2) present, as his own, the registration or another;

(3) give false or forged evidence to the Board, or any member thereof, in obtaining a registration certificate;

(4) impersonate any other practitioner;

(5) use or attempt to use a registration certificate that has been revoked:

(6) otherwise violate any of the provisions of this Chapter.

(b) A violation of the provisions of this section shall be punishable by a fine of not more than five hundred dollars ($500.00), imprisonment for not more than one year, or both.

(c) The Superior Court shall have jurisdiction over offenses under this section.

§219. Exemption from Examination

Notwithstanding any other provision within this Chapter, any person who submits evidence satisfactory to the Board that he has a diploma of graduation or a satisfactory certificate from a college or school approved by the Board as offering an approved curriculum in landscape architecture, or the equivalent thereof as determined by the Board, together with at least two years of actual, practical experience in landscape architectural work of a grade and character satisfactory to the Board as determined by, but not limited to, the review of plans, specifications and personal landscape architectural documents prepared solely by the applicant, shall be exempted from the examination required by this Chapter if he files an application therefor accompanied by the fee for an original certificate within six months after the effective date of this Chapter.

Any person who has a total of at least eight years of actual, practical experience in landscape architectural work of a grade and character acceptable to the Board pursuant to the provisions of this Chapter and has been actually engaged continuously in the active practice of landscape architecture as defined in this Chapter, prior to the effective date thereof, shall be entitled to receive, without an examination, a certificate to practice landscape architecture, if he files an application therefor accompanied by the fee for an original certificate within six months after the effective date of this Chapter."

Section 2. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder and applicability thereof to other persons and circumstances shall not be affected thereby.

Approved July 8, 1975