Current through all regulations passed and filed through September 16, 2024
Preamble.
In order to safeguard the health,
safety and welfare of the public and the state of Ohio, to maintain integrity
and high standards of skills and practice in the profession of landscape
architecture, the following rules of professional conduct, promulgated in
accordance with Chapter 4703. of the Revised Code, shall be binding upon every
person holding a certificate of qualification as a registered landscape
architect.
The registered landscape architect, who
holds a certificate of qualification from the board, is charged with having
knowledge of the existence of the rules and regulations hereinafter provided
for his or her professional conduct as a registered landscape architect, and
also shall be deemed to be familiar with their several provisions and to
understand them.
Such knowledge shall encompass the
understanding that the practice of landscape architecture, is a privilege, as
opposed to a right, and the registrant shall be forthright and candid in
statements or written responses to the board or its representatives on matters
pertaining to professional conduct.
(A) Competence.
(1) In practicing landscape architecture, a
landscape architect shall act with reasonable care and competence and shall
apply the technical knowledge and skill which is ordinarily applied by
landscape architects of good standing, practicing in the same locality.
(2) In designing a project, a
landscape architect shall take into account all applicable state and municipal
construction laws, zoning codes and other applicable regulations. While a
landscape architect may rely on the advice of other professionals (e.g.,
attorneys, architects, professional engineers and other qualified persons) as
to the intent and meaning of such regulations, once having obtained such
advice, a landscape architect shall not knowingly design a project in violation
of such laws and regulations.
(3)
A landscape architect shall undertake to perform professional services only
when the landscape architect, together with those whom the landscape architect
may engage as consultants, is qualified by education, training and experience
in the specific technical areas involved.
(4) No person shall be permitted to practice
landscape architecture if, in the board's judgment, such person's professional
competence is substantially impaired by physical or mental disabilities.
(B) Conflict of
interest.
(1) A landscape architect shall not
accept compensation for the landscape architecture services from more than one
party on a project unless the circumstances are fully disclosed and agreed to
(such disclosure and agreement to be in writing) by all interested parties.
(2) If a landscape architect has
any business association or direct or indirect financial interest which is
substantial enough to influence the landscape architect's judgment in
connection with the landscape architect's performance of professional services,
the landscape architect shall fully disclose in writing to the landscape
architect's client or employer the nature of the business association or
financial interest, and if the client or employer objects to such association
or financial interest, the landscape architect will either terminate such
association or interest or offer to give up the commission or employment.
(3) A landscape architect shall
not solicit or accept compensation from material or equipment suppliers in
return for specifying or endorsing their products.
(4) When acting as the interpreter of
landscape contract documents and the judge of contract performance, a landscape
architect shall render decisions impartially, favoring neither party to the
contract.
(C) Full
disclosure.
(1) A landscape architect, making
public statements on landscape architectural questions, shall disclose when the
landscape architect is being compensated for making such statements.
(2) A landscape architect shall accurately
represent to a prospective or existing client or employer the landscape
architect's qualifications and the scope of their landscape architect's
responsibility in connection with work for which the landscape architect is
claiming responsibility.
(3) If,
in the course of the landscape architect's work on a project, a landscape
architect becomes aware of a decision taken by the landscape architect's
employer or client, against the landscape architect's advice, which violates
applicable federal, state or municipal construction laws, zoning codes and
other applicable regulations and which will, in the landscape architect's
judgment, materially affect adversely the safety to the public of the finished
project, the landscape architect shall:
(a)
Report the decision to the local authorities or other public official charged
with the enforcement of such laws and regulations,
(b) Refuse to consent to the decision, and
(c) In circumstances where the
landscape architect reasonably believes that other such decisions will be taken
notwithstanding the landscape architect's objection, terminate the landscape
architecture services with reference to the project.
In the case of a termination in accordance with paragraph
(C)(3)(c) of this rule, the landscape architect shall have no liability to the
client on account of such termination.
(4) A landscape architect shall not
deliberately make a materially false statement or fail deliberately to disclose
a material fact requested in connection with an application for registration or
renewal.
(5) A landscape architect
shall not assist the application for registration of a person known by the
landscape architect to be unqualified in respect to education, training,
experience or character.
(6) A
landscape architect possessing knowledge of a violation of these rules by
another landscape architect shall report such knowledge to the board.
(7)
If a
registered landscape architect is found guilty of a felony in any jurisdiction
or has been disciplined by another jurisdiction, the registered landscape
architect shall notify the board in writing within sixty days.
Disciplinary action includes, but is
not limited to, reprimands, fines, probation, suspension, supervised practice,
revocation, surrender, cease and desist or consent orders, settlement
agreements or stipulations.
(8)
If a registered
landscape architect is registered with the Ohio Civil Child Sexual Abuse
Registry under section
4799.01 of the Revised Code, the
registered landscape architect shall notify the board in writing within sixty
days.
(D)
Compliance with laws.
(1) A landscape
architect shall not, in the conduct of the landscape architect's practice,
knowingly violate any state or federal criminal law.
(2) A landscape architect shall neither offer
nor make any payment or gift to a government official (whether elected or
appointed) with the intent of influencing the official's judgment in connection
with a prospective or existing project in which the landscape architect is
interested.
(3) A landscape
architect shall comply with the registration laws and regulations governing the
professional practice in any lawful jurisdiction. A landscape architect may be
subject to disciplinary action if, based on grounds substantially similar to
those which lead to disciplinary action in this jurisdiction, the landscape
architect was disciplined in any other lawful jurisdiction.
(4) A registered landscape architect shall
not have been found by a court or administrative tribunal to have violated any
applicable federal or state law protecting the rights of persons working for
the employer with respect to fair labor standards or with respect to
maintaining a workplace free of discrimination.
(5)
Each registered
landscape architect shall cooperate with the board in its investigation of
complaints or possible violations of Chapter 4703 of the Revised Code. This
cooperation shall include responding to written communications from the board,
providing information or documents requested within thirty days of the date on
which the communication was mailed, and appearing before the board or its
designee upon request.
(E) Professional conduct.
(1) A landscape architect shall not sign or
seal drawings, specifications, reports or other professional work for which the
landscape architect does not have direct professional knowledge and direct
supervisory control and over which the landscape architect has legal authority;
provided, however, that in the case of the portions of such professional work
prepared by the landscape architect's consultants, registered under this or
another professional registration law of any lawful jurisdiction, the landscape
architect may sign or seal that portion of the professional work if the
landscape architect has reviewed such portion, has coordinated its preparation,
and intends be responsible for its adequacy.
(2) A landscape architect shall neither offer
nor make any gifts, other than gifts of nominal value (including, for example,
reasonable entertainment and hospitality), with the intent of influencing the
judgment of an existing or prospective client in connection with a project in
which the landscape architect is interested.
(3)
A landscape architect shall not engage in conduct
involving fraud.
Five Year Review (FYR) Dates:
10/16/2014 and
10/15/2019
Promulgated
Under: 119.03
Statutory
Authority: 4703.33
Rule
Amplifies: 4703.33
Prior
Effective Dates: 1/21/10
