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23.04.2021
City of San Bernardino - Landscape Assessment

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L Field observation of land area construction, restoration and maintenance. This action is necessary to safeguard public health, safety, welfare and property and to eliminate unnecessary loss and waste in this state. These safeguards are in the practice of landscape architecture as it relates to engineering, architecture, ground water, land use planning, landscape hazards, the further development of the practice of landscape architecture and the landscape architectural concerns of the people of this state.

The board shall adopt rules establishing fees and specifying the qualifications, duties, functions and powers of a landscape architect in training.

A business may not provide landscape architecture services unless the work is under the full authority and responsible charge of a registered landscape architect who is also an owner or officer of the business. A business shall file a form with the State Landscape Architect Board identifying responsible landscape architects by name and registration number.

The filing must also describe the services that the business is offering to the public. The filing must be in a form prescribed by the board. The business shall notify the board in writing no later than 30 days after a change of registered owners or officers or a change of business name or address. In addition to the qualifications required by ORS Examinations shall be written or oral or both written and oral and shall cover such subjects and be graded on such basis as the board shall determine by rule.

The board may adopt the examination and the recommended grading procedures of the Council of Landscape Architectural Registration Boards or the standards and procedures of any other landscape architect association. The board shall prescribe the minimum education and experience requirements for applicants by administrative rule.

A certificate of registration shall be denied to an applicant who, in the opinion of the board, is not properly qualified as determined by the board by rule. The board shall notify the registrant of the investigation. The public may obtain information confirming that an investigation is being conducted and describing the general nature of the matter being investigated.

Investigatory information developed or obtained by an advisory committee is confidential unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order.

The board may discuss in open session matters that are being reviewed by an advisory committee, but may not disclose confidential information into the public record. Notwithstanding ORS The fees shall include, but are not limited to:. Upon payment the board administrator shall issue to the registrant a certificate of renewal of registration for a period of one year. However, the registrant may renew the certificate:.

The inactive landscape architect may resume practice within five years after approval of the request upon payment of the annual fee for the renewal of registration for the current year, without a late fee. If the inactive landscape architect fails to renew the registration within five years, the registration shall be deemed lapsed.

The inactive landscape architect may renew the registration only upon passing examinations required by the board and by paying any required examination fees, renewal fees and late fees. The State Landscape Architect Board shall cause to be prepared and shall by rule adopt a code of professional conduct which shall be known in writing to every landscape architect and applicant for registration under ORS This code shall be published in the roster of landscape architects.

Such publication shall constitute due notice to all registrants. The board may revise and amend this code of conduct from time to time and shall promptly notify each registrant in writing of such revisions or amendments. The board may charge a fee for programs of continuing education it establishes.

Subject to ORS chapter , the State Landscape Architect Board may refuse to register any applicant, may refuse to renew the registration of any registered landscape architect or landscape architect in training, or may suspend for a period not exceeding one year or revoke the registration of any registered landscape architect or landscape architect in training if the board finds that the applicant or registrant is a person who:.

A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof. In addition to any civil penalty imposed by the State Landscape Architect Board or any fine or term of imprisonment imposed by a court, except as otherwise provided in ORS In a dispute arising out of a contractual agreement between a registered landscape architect and a member of the general public of the state, the State Landscape Architect Board or a subcommittee of the board may act as arbiter of the dispute.

Upon agreement of all parties to such arbitration, the findings of the board or subcommittee shall be binding on all parties to the dispute. There shall be no costs borne by any party for such arbitration and for the purposes of this section members of the board shall serve without compensation but shall be reimbursed as determined by the board. The State Landscape Architect Board may, upon motion of the board or upon the verified complaint in writing of any person, investigate any alleged violation of ORS As part of the investigation, the board may administer oaths, obtain and receive evidence at board proceedings and compel compliance with board subpoenas, all as provided in ORS A person that reports or supplies information in good faith to the State Landscape Architect Board or to an advisory committee assisting the board is immune from an action for civil damages as a result thereof.

The board or committee shall not disclose the name of a person requesting confidentiality unless the testimony of the person is required as part of a board disciplinary proceeding. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state.

Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. This section does not authorize a landscape contracting business to prepare a site for, install or repair artificial turf at a sports field.

A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional:.

A Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and. B Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.

The prohibition in this subsection includes, but is not limited to:. If the landscape construction professional is the sole proprietor, the landscape construction professional must also obtain a license as a landscape contracting business. A The landscaping work is performed for a customer that in a calendar year receives primarily landscape maintenance services from the business;. C The landscaping work is of a casual, minor or inconsequential nature, as those terms are defined by the State Landscape Contractors Board by rule.

The exception provided by this paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work the property upon which the landscaping work is performed.

The exception provided by this paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work the property on which the landscaping work is performed.

The exception provided by this paragraph does not apply to the performance of irrigation work by a residential general contractor. L A person providing recommendations or written specifications for soil amendments or planting media if the recommendations or specifications are solely for the purpose of plant installation.

However, the board shall furnish copies of any inspection to the licensee or other person that is subjected to an inspection. If a person who is contracting directly with the owner of the property does not demonstrate proof of compliance with the licensing requirements of ORS The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each property upon which the person is then performing work under contract.

If more than one person is the owner of any such property, a copy of the notice need be given to only one of such persons. Any person so notified shall stop such work until proof of compliance is demonstrated.

However, the inspector or investigator may not order the work stopped until at least two days after the copies of the notice of noncompliance have been served upon or delivered to the owners. The administrator or any employee of the board may issue an order under this subsection on behalf of the board.

In addition to any other remedy available, if the State Landscape Contractors Board believes that a person has engaged in, is engaging in or is about to engage in any act, practice or transaction that violates ORS A Requires the holder of the limited or specialty landscape construction professional license to be the owner of a licensed landscape contracting business;.

C Has reduced qualification or testing requirements. The board may establish a practical skills test for additional types of licenses offered under ORS If the board establishes a practical skills test for a type of license, the board shall allow an applicant for the license the option of satisfying all or parts of any examination requirement for the license either by:.

A practical skills test may include, but may not be limited to, the use of written multiple choice questions. The board shall design a test to have a reasonable expected completion time that is less than eight hours. The board may not test the ability of an applicant for a limited or specialty license to perform a task that is not authorized by the type of limited or specialty license sought.

If the board establishes a practical skills test option for licensing under ORS The practical skills test must be conducted within an eight-hour period on a single day. If the evaluator determines that an item on the checklist was not performed in a manner meeting or exceeding practice standards established by board rule, the board shall provide written comments explaining in detail why the performance was unsatisfactory.

The board shall establish the minimum score for passage of a practical skills test to be 70 percent of the maximum possible score. If an applicant does not pass a practical skills test, the board shall allow the applicant to review the checklist and written comments.

The class shall be offered to applicants who choose the option of taking a practical skills test and be made available to those applicants on a schedule that facilitates taking the class in conjunction with taking the practical skills test.

The board may test applicants on the class content but may not consider the test results for purposes of conditioning, limiting or refusing a license. Note: See Preface to Oregon Revised Statutes for further explanation. An applicant for the issuance or renewal of a landscape construction professional license or landscape contracting business license shall include in the application to the State Landscape Contractors Board notice of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any jurisdiction that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work.

The board may adopt rules that require an applicant to provide additional information regarding a judgment, arbitration award or agency final order described in this section and the status of any appeal or exceptions. During a license period, the licensee shall provide, to the extent required by the board, satisfactory evidence of continued public liability, personal injury and property damage insurance coverage and, if required under ORS A Have at least 24 months of employment with a landscape contracting business; or.

B Have at least 12 months of employment with a landscape contracting business and one full year of training in an area related to landscaping at an accredited school or college. To obtain a probationary landscape construction professional license, the person must:.

Notwithstanding the provisions of ORS If any person suffered costs or damages as a result of an individual providing a false or invalid State Landscape Contractors Board number or otherwise misleading a person with respect to licensing with the board, that person may bring suit in a court of competent jurisdiction to recover damages.

The court may award reasonable attorney fees to the prevailing party in an action under this section. A landscape construction professional license issued pursuant to ORS The State Landscape Contractors Board may license without examination any person who is a landscape construction professional licensed, certified or registered under the laws of another state, territory of the United States, the District of Columbia or another country where the requirements on the date the applicant was licensed, certified or registered were substantially equal to the requirements for licensing of landscape construction professionals in this state on the date of application by the person.

A Is employed in landscaping work only by the applicant; and. B Manages or shares in the management of the applicant, as defined by the State Landscape Contractors Board by rule. A Has an ownership interest in the applicant; and.

B Manages or shares in the management of the applicant, as defined by the board by rule. The courses required by the board shall be designed to educate the owner or managing employee regarding business practices and Oregon laws affecting landscape contracting businesses.

The board may not require an owner or managing employee to take a total of more than 16 hours of instruction. The board shall encourage course providers to use the most up-to-date technology to make courses widely available. The board shall approve courses if the course materials, examinations and instructors meet board requirements. The board shall periodically review approved courses to ensure continuing compliance with board requirements.

The board shall develop and make available a list of providers that offer courses that will enable an owner or managing employee to comply with the requirements of subsection 2 of this section.

The landscape construction professional or landscape contracting business shall ensure that the board receives notice of the change of address no later than the 30th day after the change of address occurs.

Any other communication directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail, regular mail. A partnership or corporation licensed as a landscape contracting business shall notify the State Landscape Contractors Board immediately upon any change in partners or corporate owners or in the percentage of an ownership interest in the landscape contracting business.

Upon a change in partners, a licensed partnership immediately shall apply for a new license and pay to the board the fee required by ORS A A final order or arbitration award issued under ORS B A judgment or civil penalty arising from landscape contracting business activities in any state. A A president, vice president, secretary, treasurer or director of a corporation.

B A general partner in a limited partnership. C A manager in a manager-managed limited liability company. D A member of a member-managed limited liability company. E A trustee.

F A person qualifying as an officer under board rules. The definition of officer adopted by board rule may include persons not listed in this paragraph who may exercise substantial control over a business. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:. L Performs work for which a permit is required under the state building code without obtaining the required permit, if the work results in the filing of a claim with the board.

Facts sufficient to support a suspension or refusal to renew under this subsection include, but are not limited to:. Except as provided in this subsection, the board shall give a contested case hearing requested under this subsection priority over other hearings and schedule the hearing for the earliest practicable date.

If a citation is issued to the person and the order of suspension or refusal to renew will terminate by its terms if a court renders a final judgment regarding the citation in favor of the person, the person may request that the board hold the requested contested case hearing in abeyance until after the court has rendered a final judgment. The State Landscape Contractors Board may license a landscape construction professional to install backflow assemblies for irrigation systems and ornamental water features.

The board, by rule, shall establish qualifications for issuance of a license under this section. A landscape construction professional may install a backflow assembly only if the landscape construction professional is licensed under this section and is the owner of, or employed by, a licensed landscape contracting business. A landscape construction professional installing a backflow assembly may tap into the potable water supply only at a point after the connection between the water system and the customer, as that connection is defined in ORS The standards shall set forth requirements for information that must be contained in contracts and billings.

The information required shall be any information the board determines is necessary to provide protection for consumers of the services and materials provided by landscape contracting businesses. They also inlcude information regarding pavement conditions during inclement weather. Tollway Trip Tweets are an informational service to be used by customers only when they are not operating a vehicle.

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