S.B. 149

1

LANDSCAPE ARCHITECT LICENSING ACT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
6 LANDSCAPE ARCHITECT LICENSING ACT; REVISING THE DEFINITION OF THE
7 PRACTICE OF LANDSCAPE ARCHITECTURE; REVISING THE DEFINITION OF AND
8 PENALTIES FOR UNLAWFUL CONDUCT; REVISING THE EXEMPTIONS FROM
9 LICENSURE; AUTHORIZING THE USE OF SEALS BY LICENSEES; REQUIRING ALL
10 SITE PLANS TO BEAR THE SEAL OF A LICENSEE; AND MAKING TECHNICAL
11 CHANGES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 58-53-301, Utah Code Annotated 1953
15 58-53-501, Utah Code Annotated 1953
16 58-53-601, Utah Code Annotated 1953
17 58-53-602, Utah Code Annotated 1953
18 58-53-603, Utah Code Annotated 1953
19 RENUMBERS AND AMENDS:
20 58-53-101, (Renumbered from 58-53-1, as enacted by Chapter 141, Laws of Utah 1988)
21 58-53-102, (Renumbered from 58-53-2, as last amended by Chapter 274, Laws of Utah 1994)
22 58-53-103, (Renumbered from 58-53-11, as enacted by Chapter 274, Laws of Utah 1994)
23 58-53-201, (Renumbered from 58-53-3, as repealed and reenacted by Chapter 297, Laws of
24 Utah 1993)
25 58-53-302, (Renumbered from 58-53-4, as last amended by Chapters 274 and 313, Laws of
26 Utah 1994)
27 58-53-303, (Renumbered from 58-53-5, as repealed and reenacted by Chapter 297, Laws of

1 Utah 1993)
2 58-53-304, (Renumbered from 58-53-8, as last amended by Chapter 297, Laws of Utah 1993)
3 58-53-401, (Renumbered from 58-53-9, as enacted by Chapter 297, Laws of Utah 1993)
4 58-53-502, (Renumbered from 58-53-10, as enacted by Chapter 274, Laws of Utah 1994)
5 REPEALS:
6 58-53-7, as enacted by Chapter 141, Laws of Utah 1988
7 Be it enacted by the Legislature of the state of Utah:
8 Section 1. Section 58-53-101, which is renumbered from Section 58-53-1 is renumbered
9 and amended to read:
10 Part 1. General Provisions
11 [58-53-1]. 58-53-101. Title.
12 This chapter is known as the "Landscape Architects Licensing Act."
13 Section 2. Section 58-53-102, which is renumbered from Section 58-53-2 is renumbered
14 and amended to read:
15 [58-53-2]. 58-53-102. Definitions.
16 In addition to the definitions in Section 58-1-102, as used in this chapter:
17 (1) "Board" means the Landscape Architects Board [established under this chapter] created
18 in Section 58-53-201.
19 (2) "Fund" means the Landscape Architects Education and Enforcement Fund created in
20 Section [58-53-11] 58-53-103.
21 (3) "Practice of landscape architecture" means rendering or offering to render any of the
22 following services [for the purpose of landscape preservation, development, or enhancement]:
23 [(a) investigation, selection, and allocation of land and water resources for appropriate
24 use;]
25 [(b) preparation of feasibility studies;]
26 [(c) formulation of graphic and written criteria to govern the planning and design of land
27 construction programs;]
28 [(d) preparation, review, and analysis of master plans for land use and development,
29 production of overall site plans, landscape grading, and landscape drainage plans, irrigation plans,
30 planting plans, and construction details;]
31 [(e) producing specifications, cost estimates, and reports for land development;]

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1 [(f) collaboration in the design of roads, bridges, and structures with respect to the
2 functional and aesthetic requirements of the areas on which they are to be placed;]
3 [(g) negotiation and arrangement for execution of land area projects; and]
4 [(h) field observation and inspection of land area construction, restoration, and
5 maintenance.]
6 (a) production of a site plan which may include the design of any of the following:
7 (i) sprinkler irrigation systems;
8 (ii) landscape grading and drainage plans; or
9 (iii) parking lots;
10 (b) design of any of the following structures incidental to the production of a site plan:
11 (i) retaining walls; or
12 (ii) raised platforms, decks, and walkways;
13 (c) design of any of the following structures incidental to the production of a site plan
14 when the structure does not exceed 1,000 square feet:
15 (i) covered pavilions;
16 (ii) gazebos;
17 (iii) restrooms;
18 (iv) storage and maintenance facilities; or
19 (v) other accessory structures; or
20 (d) collaboration with architects and professional engineers in the design of roads, bridges,
21 buildings, and structures with respect to the functional and aesthetic requirements of the area in
22 which they are to be placed.
23 (4) "Principal" means a licensed landscape architect having responsible charge of a
24 landscape architectural practice.
25 (5) "Supervision" with respect to the supervision of an employee of a landscape architect,
26 means that a licensed landscape architect is responsible for and personally reviews, corrects when
27 necessary, and approves work performed by any employee under the direction of the landscape
28 architect, and may be further defined by rule of the division in collaboration with the board.
29 [(4)] (6) "Unlawful conduct" [as defined in Section 58-1-501, includes using the title
30 landscape architect or any other description, words, letters, or abbreviation indicating that the
31 person is a landscape architect when the person is not licensed as a landscape architect under this

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1 chapter] is as defined in Sections 58-1-501 and 58-53-501.
2 [(5)] (7) "Unprofessional conduct" is as defined in Section 58-1-501 and as may be further
3 defined by rule [includes:] of the division in collaboration with the board.
4 [(a) affixing a seal or allowing a seal to be affixed to any document of which the landscape
5 architect was neither the author nor in responsible charge of preparation; and]
6 [(b) having a pecuniary interest in the performance of the contract for the work designed,
7 planned, or supervised by the landscape architect without the knowledge and consent of the person
8 employing the landscape architect.]
9 Section 3. Section 58-53-103, which is renumbered from Section 58-53-11 is renumbered
10 and amended to read:
11 [58-53-11]. 58-53-103. Education and enforcement fund.
12 (1) There is created a restricted account in the General Fund known as the "Landscape
13 Architects Education and Enforcement Fund." [to provide revenue for educating landscape
14 architects, the public, and other interested persons concerning the requirements of this chapter and
15 any rule promulgated under this chapter and to enforce the provisions of this chapter, as defined
16 in this section.]
17 (2) The fund [shall be funded by] consists of monies from:
18 (a) a surcharge placed on application fees for initial, renewal, and reinstatement licensure
19 under this chapter, in an amount established by the division with the collaboration of the board in
20 accordance with Section 63-38-3.2, not to exceed 50% of the [fees] respective fee; and
21 (b) [monies received by the state by reason of civil penalties ordered and] administrative
22 [fines] penalties collected pursuant to this chapter.
23 (3) [(a)] The fund shall earn interest[. (b) All] and all interest earned on fund monies shall
24 be deposited into the fund.
25 (4) The director may, with concurrence of the board [and the executive director and in a
26 manner consistent with the duties of the division under this chapter], make distributions from the
27 fund for the following purposes:
28 (a) education and training of licensees under this chapter [by:];
29 [(i) publication of this chapter, related chapters of Title 58 or other titles, rules
30 implementing or related to this chapter, policy statements, and declaratory orders of the division;
31 and]

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1 [(ii) sponsorship of publications or presentations to educate licensees as to the
2 requirements of this chapter and rules implementing or related to this chapter;]
3 (b) education and training of the public or other interested persons in matters concerning
4 landscape architectural laws and practices [by publications or presentations]; and
5 (c) enforcement of this chapter by:
6 (i) investigating unprofessional or unlawful conduct; and
7 (ii) providing legal representation to the division when the division takes legal action
8 against a person engaging in unprofessional or unlawful conduct.
9 (5) If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess
10 shall be transferred to the General Fund.
11 (6) [Through the] The division[, the board] shall report annually to the appropriate
12 appropriations subcommittee of the Legislature concerning the fund.
13 Section 4. Section 58-53-201, which is renumbered from Section 58-53-3 is renumbered
14 and amended to read:
15 Part 2. Board
16 [58-53-3]. 58-53-201. Board.
17 (1) There is created the Landscape Architects Board consisting of four landscape architects
18 and one member of the general public.
19 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
20 (3) The duties and responsibilities of the board shall be in accordance with Sections
21 58-1-202 and 58-1-203.
22 (4) The board shall designate one of its member on a permanent or rotating basis to:
23 (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
24 conduct of a licensee; and
25 (b) advise the division in its investigation of these complaints.
26 (5) A board member who has, under Subsection (4), reviewed a complaint or advised in
27 its investigation may be disqualified from participating with the board when the board serves as
28 a presiding officer in an adjudicative proceeding concerning the complaint.
29 Section 5. Section 58-53-301 is enacted to read:
30 Part 3. Licensing
31 58-53-301. Licensure required--License classification.

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1 (1) A license is required to engage in the practice of landscape architecture except as
2 specifically provided in Section 58-53-304 or 58-1-307.
3 (2) The division shall issue a license under this chapter to a qualified person in the
4 classification of landscape architecture.
5 Section 6. Section 58-53-302, which is renumbered from Section 58-53-4 is renumbered
6 and amended to read:
7 [58-53-4]. 58-53-302. Qualifications for licensure.
8 (1) [An] Each applicant for [a license to practice] licensure as a landscape [architecture
9 under this chapter] architect shall:
10 (a) submit [to the division a written] an application [on] in a form prescribed by the
11 division;
12 (b) pay a fee as determined by the department under Section 63-38-3.2;
13 (c) [have completed a high school course of study or its equivalent approved by the
14 division] provide satisfactory evidence of good moral character;
15 (d) (i) have graduated and received an earned bachelors or masters degree from a
16 [nationally accredited school, college, or university approved by the division, having successfully
17 completed a curriculum in] landscape architecture program meeting criteria established by rule by
18 the division in collaboration with the board; or
19 (ii) have completed [as an employee of a governmental agency or private enterprise] not
20 less than eight years of supervised practical experience in landscape architecture [under the
21 direction of one or more landscape architects; which experience is of a grade and character
22 acceptable to the division, at least four of the years shall be continuous and immediately precede
23 the filing of the application] which meets the requirements established by rule by the division in
24 collaboration with the board; and
25 (e) have successfully passed [an examination approved] examinations established by rule
26 by the division in collaboration with the board.
27 (2) Satisfactory completion of each year of a landscape architectural [course] program
28 described in Subsection (1)(d)(i) is equivalent to one year of experience for purposes of Subsection
29 (1)(d)(ii).
30 [(3) The division may issue a license without examination to an applicant who is licensed
31 as a landscape architect in another state or country whose license requirements are equivalent to

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1 the requirements of this state.]
2 [(4) The requirements of this section are waived for any person who applies for a license
3 before July 1, 1989, and who has practiced landscape architecture, as defined in Subsection
4 58-53-2(3), for a period of not less than two years prior to April 25, 1988.]
5 Section 7. Section 58-53-303, which is renumbered from Section 58-53-5 is renumbered
6 and amended to read:
7 [58-53-5]. 58-53-303. Term of license -- Expiration -- Renewal.
8 (1) [Each] The division shall issue each license [issued] under this chapter [shall be
9 issued] in accordance with a two-year renewal cycle established by rule. [A renewal period may
10 be extended or shortened] The division may by renewal extend or shorten a license expiration
11 date by as much as one year to [maintain established] stagger the renewal cycles [or to change an
12 established renewal cycle] it administers.
13 (2) Each license automatically expires on the expiration date shown on the license unless
14 renewed by the licensee in accordance with Section 58-1-308.
15 Section 8. Section 58-53-304, which is renumbered from Section 58-53-8 is renumbered
16 and amended to read:
17 [58-53-8]. 58-53-304. Exemptions from licensure.
18 In addition to the exemptions from licensure in Section 58-1-307, the following [persons]
19 may engage in the [practice of landscape architecture subject to the stated circumstances and
20 limitations] stated limited acts or practices without being licensed under this chapter:
21 (1) [an individual property owner doing work on his own premises; or] a person preparing
22 a site plan as defined in Subsection 58-53-102(3), for a one-, two-, three-, or four-family residence
23 not exceeding two stories in height, exclusive of the basement;
24 (2) [a city planner, horticulturist, nurseryman, gardener, or landscape contractor, as these
25 terms are generally used, except that these persons may not use the designation "landscape
26 architect" or any description, words, or letters of abbreviation tending to convey the impression
27 that he is a licensed landscape architect.] a person designing sprinkler irrigation systems when
28 licensed as a landscape contractor under Title 58, Chapter 55, Utah Construction Trades Licensing
29 Act;
30 (3) a person licensed to practice professional engineering or professional structural
31 engineering under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors

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1 Licensing Act;
2 (4) a person licensed to practice architecture under Title 58, Chapter 3a, Architects
3 Licensing Act;
4 (5) unlicensed employees of a person licensed under this chapter while preparing site plans
5 as defined in Subsection 58-53-102(3), under the supervision of a landscape architect; and
6 (6) an organization engaged in the practice of landscape architecture, provided that:
7 (a) the organization employs a principal; and
8 (b) all individuals employed by the organization, who are engaged in the practice of
9 landscape architecture, are licensed or exempt from licensure under this chapter.
10 Section 9. Section 58-53-401, which is renumbered from Section 58-53-9 is renumbered
11 and amended to read:
12 Part 4. License Denial and Discipline
13 [58-53-9]. 58-53-401. Grounds for denial of license -- Disciplinary proceedings.
14 Grounds for [refusal] refusing to issue a license to an applicant, for [refusal] refusing to
15 renew the license of a licensee, [to revoke, suspend, restrict, or place] for revoking, suspending,
16 restricting, or placing on probation the license of a licensee, [to issue] for issuing a public or
17 private reprimand to a licensee, and [to issue] for issuing cease and desist orders shall be in
18 accordance with Section 58-1-401.
19 Section 10. Section 58-53-501 is enacted to read:
20 Part 5. Unlawful and Unprofessional Conduct - Penalties
21 58-53-501. Unlawful conduct.
22 "Unlawful conduct" includes:
23 (1) using the title landscape architect or any other description, words, letters, or
24 abbreviation indicating that the person is a landscape architect if the person has not been licensed
25 under this chapter; and
26 (2) engaging in or representing oneself as engaging in the practice of landscape
27 architecture as a corporation, proprietorship, partnership, or limited liability company unless
28 exempted from licensure under Section 58-1-307 or 58-53-304.
29 Section 11. Section 58-53-502, which is renumbered from Section 58-53-10 is renumbered
30 and amended to read:
31 [58-53-10]. 58-53-502. Penalty for unlawful conduct.

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1 (1) (a) If upon inspection or investigation, the division concludes that a person has violated
2 Subsections 58-1-501(1)(a) through (d) [or Subsection 58-53-2(4)], Section 58-53-501, or Section
3 58-53-603 or any rule or order issued with respect to [Subsection 58-53-2(4)] Section 58-53-501,
4 and that disciplinary action is appropriate, the director or his designee from within the division for
5 each alternative respectively, shall promptly issue a citation to the person according to this chapter
6 and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to appear
7 before an adjudicative proceeding conducted under Title 63, Chapter 46b, Administrative
8 Procedures Act.
9 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or [Subsection
10 58-53-2(4)] Section 58-53-501 or any rule or order issued with respect to [Subsection 58-53-2(4)]
11 Section 58-53-501, as evidenced by an uncontested citation, a stipulated settlement, or by a finding
12 of violation in an adjudicative proceeding, may be assessed a fine pursuant to Subsection (1)(i) and
13 may, in addition to or in lieu of, be ordered to cease and desist from violating Subsections
14 58-1-501(1)(a) through (d) or [Subsection 58-53-2(4)] Section 58-53-501 or any rule or order
15 issued with respect to [Subsection 58-53-2(4)] this section.
16 (ii) Except for a cease and desist order, the licensure sanctions cited in Section [58-53-9]
17 58-53-401 may not be assessed through a citation.
18 (b) A citation shall:
19 (i) be in writing;
20 (ii) describe with particularity the nature of the violation, including a reference to the
21 provision of the chapter, rule, or order alleged to have been violated;
22 (iii) clearly state that the recipient must notify the division in writing within 20 calendar
23 days of service of the citation if the recipient wishes to contest the citation at a hearing conducted
24 under Title 63, Chapter 46b, Administrative Procedures Act; and
25 (iv) clearly explain the consequences of failure to timely contest the citation or to make
26 payment of any fines assessed by the citation within the time specified in the citation.
27 (c) The division may issue a notice in lieu of a citation.
28 (d) Each citation issued under this section, or a copy of each citation, may be served upon
29 any person whom a summons may be served in accordance with the Utah Rules of Civil Procedure
30 and may be made personally or upon his agent by a division investigator or by any person specially
31 designated by the director or by mail.

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1 (e) If within 20 calendar days from the service of the citation, the person to whom the
2 citation was issued fails to request a hearing to contest the citation, the citation becomes the final
3 order of the division and is not subject to further agency review. The period to contest a citation
4 may be extended by the division for cause.
5 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
6 license of a licensee who fails to comply with a citation after it becomes final.
7 (g) The failure of an applicant for licensure to comply with a citation after it becomes final
8 is a ground for denial of license.
9 (h) No citation may be issued under this section after the expiration of six months
10 following the occurrence of any violation.
11 (i) The director or his designee shall assess fines according to the following:
12 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
13 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000; and
14 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
15 $2,000 for each day of continued offense.
16 (2) An action initiated for a first or second offense which has not yet resulted in a final
17 order of the division does not preclude initiation of any subsequent action for a second or
18 subsequent offense during the pendency of any preceding action. The final order on a subsequent
19 action shall be considered a second or subsequent offense, respectively, provided the preceding
20 action resulted in a first or second offense, respectively.
21 [(2)] (3) Any penalty which is not paid may be collected by the director by either referring
22 the matter to a collection agency or bringing an action in the district court of the county in which
23 the person against whom the penalty is imposed resides or in the county where the office of the
24 director is located. Any county attorney or the attorney general of the state shall provide legal
25 assistance and advice to the director in any action to collect the penalty. In any action brought to
26 enforce the provisions of this section, reasonable attorney's fees and costs shall be awarded to the
27 division.
28 Section 12. Section 58-53-601 is enacted to read:
29 Part 6. Seals
30 58-53-601. Seal -- Design and implementation.
31 Every landscape architect shall have a seal, the design and implementation of which shall

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1 be established by rule by the division in collaboration with the board.
2 Section 13. Section 58-53-602 is enacted to read:
3 58-53-602. Site plans to be sealed.
4 (1) Any site plan prepared in this state shall bear the seal of a landscape architect licensed
5 under this chapter, except as provided in Section 58-53-304, in Title 58, Chapter 22, Professional
6 Engineers and Professional Land Surveyors Licensing Act, in Title 58, Chapter 3a, Architects
7 Licensing Act, or by the codes adopted under Title 58, Chapter 56, Utah Uniform Building
8 Standards Act.
9 (2) Any final site plan prepared by or under the supervision of the licensed landscape
10 architect shall bear the seal of the landscape architect when submitted to a client, or when
11 submitted to a building official for the purpose of obtaining a building permit, even if the practice
12 is exempt from licensure under Section 58-53-304.
13 Section 14. Section 58-53-603 is enacted to read:
14 58-53-603. Seal -- Authorized use.
15 A landscape architect may only affix the landscape architect's seal to a site plan when the
16 site plan:
17 (1) was personally prepared by the landscape architect;
18 (2) was prepared by an employee, subordinate, associate, or drafter under the supervision
19 of a licensee, provided the licensee or a principal affixing the seal assumes responsibility;
20 (3) was prepared by a licensed landscape architect in this state or any other state provided
21 that the licensee in this state affixing the seal:
22 (a) performs a thorough review of all work for compliance with all applicable laws and
23 rules and the standards of the profession; and
24 (b) makes any necessary corrections before submitting the final site plan:
25 (i) to a building official for the purpose of obtaining a building permit; or
26 (ii) to a client who has contracted with a landscape architect for the production of a site
27 plan, when the landscape architect represents, or could reasonably expect the client to consider,
28 the site plan to be compete and final;
29 (4) was prepared by a person exempt from licensure as a landscape architect, provided that
30 the licensee in this state affixing the seal:
31 (a) performs a thorough review for compliance with all applicable laws and rules and the

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1 standards of the profession; and
2 (b) makes any necessary corrections before submitting the final site plan:
3 (i) to a building official for the purpose of obtaining a building permit; or
4 (ii) to a client who has contracted with a landscape architect for the production of a site
5 plan, when the landscape architect represents, or could reasonably expect the client to consider,
6 the site plan to be complete and final; or
7 (5) meets any additional requirements established by rule by the division in collaboration
8 with the board.
9 Section 15. Repealer.
10 This act repeals:
11 Section 58-53-7, Seals.




Legislative Review Note
as of 1-23-98 11:09 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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