Article 148, Landscape Architecture
§7320. Introduction. | §7321. Definition of practice of landscape architecture. | §7322. Practice of landscape architecture and use of title "landscape architect". | §7323. State board for landscape architecture. | §7324. Requirements for a professional license. | §7325. Limited permits. | §7326. Exempt persons. | §7327. Special provisions. | §7328. Mandatory continuing education for landscape architects.
This article applies to the profession of landscape architecture. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.
The practice of the profession of landscape architecture is defined as performing services 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 planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined herein but shall not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture; and shall not include the making of land surveys or final land plats for official approval or recording.
Only a person licensed or otherwise authorized to practice under this article shall practice landscape architecture or use the title "landscape architect".
A state board for landscape architecture shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven landscape architects licensed in this state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner.
- To qualify for a license as a landscape architect, an applicant
shall fulfill the following requirements:
- Application: file an application with the department;
- Education: have received an education, including a bachelor`s or higher degree in landscape architecture, in accordance with the commissioner`s regulations;
- Experience: have experience satisfactory to the board in appropriate landscape architectural work and of sufficient amount so that the combined college study and experience total eight years;
- Examination: pass an examination satisfactory to the board and in accordance with the commissioner`s regulations;
- Age: be at least twenty-one years of age;
- Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States;
- Character: be of good moral character as determined by the department; and
- Fees: pay a fee of two hundred twenty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred fifteen dollars for each reexamination, a fee of one hundred fifteen dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of one hundred fifty-five dollars for each triennial registration period.
- In lieu of degree and experience requirements specified in subparagraphs (2) and (3) of subdivision one of this section, twelve years of practical experience in landscape architecture of a grade and character satisfactory to the board may be accepted by the department provided that each complete year of study satisfactory to the department may at the discretion of the board be accepted in lieu of two years of experience but not to exceed eight years toward the required total of twelve years. Eight years of such experience satisfactory to the board may be accepted by the department for admission to that portion of the examination related to fundamental landscape architecture theory.
- In lieu of degree, experience and examination requirements specified in subparagraphs (2), (3) and (4) of subdivision one of this section, ten years of lawful practice of landscape architecture outside the state satisfactory to the board may be accepted by the department upon the passing of a practical examination satisfactory to the board.
- On recommendation of the board, the department may exempt from examination an applicant who holds a license or certificate to practice landscape architecture issued to him upon examination by a legally constituted board of examiners in any other state or political subdivision of the United States, provided the applicant`s qualifications met the requirements in this state at the time such license was issued.
- On recommendation of the board, the department may issue a limited permit to practice landscape architecture to a landscape architect not a resident of this state and having no established business in this state who is legally qualified to practice as such in his own country or state and who submits evidence satisfactory to the board of established and recognized professional standing in his own country or state and satisfactory certifications as to character and qualifications. Such limited permit shall be issued solely in connection with the specific project for which it is granted.
- Fees. The fee for each limited permit shall be seventy dollars.
This article shall not be construed to affect or prevent:
- The preparation of details and shop drawings by persons, other than landscape architects, for use in connection with the execution of their work;
- Employees of those lawfully practicing as landscape architects under the provisions of this article from acting under the instruction, control or supervision of their employers;
- Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects; or
- Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape contractor, garden or lawn caretaker or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation landscape architect, landscape architectural or landscape architecture unless licensed under this article.
- Employment of any person as a junior or assistant landscape architect by the City of New York in a position the title of which was approved and in use as of July first, nineteen hundred seventy-one, provided such person acts under the general supervision of a licensed landscape architect.
- The practice of architecture by an architect licensed in this state, or the practice of engineering or land surveying by an engineer or land surveyor licensed in this state, provided that no such architect, engineer or land surveyor shall use the designation "landscape architect," "landscape architectural" or "landscape architecture" unless licensed as a landscape architect in this state.
- Every landscape architect shall have a seal, approved by the board, which shall contain the name of the landscape architect and either the words "Registered Landscape Architect" and such other words or figures as the board may deem necessary. All working drawings and specifications prepared by such landscape architect relating to the setting, approaches or environment for structures or other improvements or under the supervision of such landscape architect, shall be stamped with such seal and signed on the original, with the personal signature of such landscape architect when filed with public officials, or with the official seal and personal signature of a landscape architect granted a limited permit under section seventy-three hundred twenty-five of this article when such drawings and specifications are accompanied by a written authorization from the department for the specific project concerned.
- Engineers, land surveyors, architects and landscape architects may join in the formation of a joint enterprise, or a partnership or a professional service corporation or a design professional service corporation or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his or her profession shall be indicated.
- A firm name may be continued by employees having at least fifteen years of continuous service if the retired members and legal representatives of deceased members consent to such continuance.
- It shall be lawful for a corporation organized and existing under the laws of the state of New York, and which on or before the first day of April nineteen hundred sixty-one was legally incorporated to practice landscape architecture, while conforming to the provisions of this title, and which has been continuously engaged in such practice since such time to continue such practice provided that the chief executive officer of such corporation in the state of New York shall be a landscape architect licensed under this article, and provided further that the supervision of such projects shall be under the personal supervision of such landscape architect and that such plans and designs shall be prepared under the personal direction and supervision of such landscape architect and bear the stamp of his official seal, and such drawings or specifications shall also be signed on the original, with the personal signature of such landscape architect. No such corporation shall be permitted to change its name and continue to practice landscape architecture, except upon the written approval of the department.
- Each licensed landscape architect required under this article to register triennially with the department to practice in the state shall comply with provisions of the mandatory continuing education requirements prescribed in subdivision two of this section except as set forth in paragraphs (b) and (c) of this subdivision. Landscape architects who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements, and have been issued a registration certificate, except that a landscape architect may practice without having met such requirements if he or she is issued a conditional registration certificate pursuant to subdivision three of this section.
- Landscape architects shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed, in accordance with the intent of this section, adjustment to the mandatory continuing education requirement may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.
- A licensed landscape architect not engaged in practice as determined by the department, shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of landscape architecture during the triennial registration period shall notify the department prior to reentering the profession and shall meet such mandatory education requirements as shall be prescribed by regulations of the commissioner.
- During each triennial registration period an applicant for registration shall complete a minimum of thirty-six hours of acceptable continuing education, as specified in subdivision four of this section, provided that a minimum of twenty-four hours of such continuing education shall be in the areas of health, safety and welfare. Up to one- half of the total hours of continuing education may consist of non-course activities. Any landscape architect whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand seven, shall complete continuing education hours on a prorated basis at the rate of one hour per month for the period beginning January first, two thousand seven up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided for in subdivision three of this section. With the exception of continuing education hours taken during the registration period immediately preceding the effective date of this section, continuing education hours taken during one triennium may not be transferred to a subsequent triennium.
- The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and complete any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department but shall not exceed one year. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of required continuing education and who practices landscape architecture without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title.
- As used in subdivision two of this section, "acceptable continuing education" shall mean courses of learning and educational activities which contribute to professional practice in landscape architecture and which meet the standards prescribed by regulations of the commissioner. The department may, in its discretion and as needed to contribute to the health and welfare of the public, require the completion of continuing education courses in specific subjects.
- Landscape architects shall maintain adequate documentation of completion of acceptable continuing education and educational activities and shall provide such documentation at the request of the department.
- The mandatory continuing education fee shall be forty-five dollars, shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section seventy-three hundred twenty-four of this article.