CHAPTER 336

FORMERLY

HOUSE BILL NO. 211

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 2, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF LANDSCAPE ARCHITECTURE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 201(2)a of Title 24 of the Delaware Code by deleting the words “ground cover and plantings” in the second sentence and substituting in lieu thereof the words “wetlands and environmentally sensitive plant and animal communities”; and by inserting “circulation systems, and hard scaping structures,” following the words “determination of settings,” and before the words “grounds and approaches”.

Section 2. Amend § 206 of Title 24 of the Delaware Code by deleting Subsections (a)(1), (a)(2), and (a)(3) in their entirety and substituting in lieu thereof:

“(a) An applicant who is applying for examination and licensure under this Chapter shall have one of the following qualifications:

(1) The applicant shall have been graduated from a school or college of landscape architecture approved or accredited by the National Council of Landscape Architectural Registration Boards, the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects; or

(2) The applicant shall have two (2) years of courses in landscape architecture acceptable to the Board taken from a school or college of landscape architecture approved or accredited by the National Council of Landscape Architectural Registration Boards, the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects; and have acquired four (4) years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.”.

Section 3. Amend § 206(a)(4) of Title 24 of the Delaware Code by renumbering present § 206(a)(4) as new § 206(a)(3).

Section 4. Amend § 206(a)(5) of Title 24 of the Delaware Code by renumbering present § 206(a)(5) as new § 206(a)(4).

Section 5. Amend § 210(a) of Title 24 of the Delaware Code by inserting after the word “examination” and before the “,” as the same appears in the first line of subdivision (a) the following:

“and has acquired at least two (2) years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect”.

Section 6. Amend § 212 of Title 24 of the Delaware Code by deleting Subsections (b) and (c) in their entirety and substituting in lieu thereof:

“(b) Nothing in Subsection (a) shall be construed as preventing the formation of business entities, provided that such entities are authorized under Delaware law or the laws of another state, as a vehicle for the practice of or offer to practice landscape architecture for others by individual landscape architects licensed under this Chapter through a business entity, or the offering or rendering of landscape architectural services by a business entity through landscape architects licensed under this Chapter, provided that:

(1) One or more of the officers, partners, members, managers, or principals is designated as being responsible for any services in the practice of landscape architecture on behalf of their business entity and is a licensed landscape architect under this Chapter;

(2) All personnel of said business entity, who act in its behalf as landscape architects in this State or for clients located in this State are licensed under this Chapter; and

(3) Said business entity has been issued a certificate of authorization by the Board as herein provided.

(c) A business entity 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 officers, partners, members, managers or principals of the business entity and also of the individual(s) duly licensed to practice landscape architecture in this State who shall be in responsible charge of the practice of landscape architecture in compliance with Subsection (b)(1) and any other information required by the Board, accompanied by the appropriate fee. A certificate of authorization shall be renewed biennially in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division. In the event there should be a change in the information provided on the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within thirty (30) days of the effective date of such change.”.

Section 7. Amend § 212 of Title 24 of the Delaware Code by adding a new Subsection (d) to read as follows:

“(d) No such business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members or principals by reason of its compliance with this Section, nor shall any individual be relieved of responsibility for landscape architectural services performed by reason of employment or relationship with such business entity. All business entities and landscape architects practicing through such entities shall be bound by professional standards no less stringent than those stated in 8 Del. C. § 608.”.

Section 8. Amend § 212 of Title 24 of the Delaware Code by adding a new Subsection (e) to read as follows:

“(e) The Board may revoke, suspend or cancel a certificate of authorization, if after a hearing, the Board determines that any officer, partner, member, manager, principal, or employee has violated any lawful provision of this Chapter, or any lawful regulation established thereunder.”.

Section 9. Amend § 214(a) of Title 24 of the Delaware Code by adding a new Subsection (5) as follows:

“(5) Revoke any practitioner’s license.”.

Approved July 12, 2004