Substitute Senate Bill No. 923
Substitute Senate Bill No. 923
PUBLIC ACT NO. 97-174
AN ACT CONCERNING LANDSCAPE ARCHITECTURE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 20-367 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter, AS AMENDED BY THIS
ACT:
(1) "Board" means the Connecticut State Board
of Landscape Architects appointed under the
provisions of section 20-368;
(2) "The practice of landscape architecture"
means rendering or offering to render the service
of site planning, which may involve and encompass
the design or management of land, the arrangement
of natural and artificial elements, INCLUDING, BUT
NOT LIMITED TO, GRADING AND INCIDENTAL DRAINAGE,
SOIL AND EROSION CONTROL, AND PLANTING PLANS, and
the determination and consideration of inherent
problems of the land relating to natural and
artificial forces with concern for resource
conservation in accordance with accepted
professional standards of public health, safety
and welfare, such service to be rendered to
clients by consultation, investigation,
reconnaissance, research, planning, specification,
design or periodic observation; BUT DOES NOT
INCLUDE THE PHYSICAL IMPLEMENTATION OF SUCH
SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACTUAL
ON-SITE PERFORMANCE OF GRADING, DRAINAGE, SOIL AND
EROSION CONTROLS AND PLANTING WORK NORMALLY
PERFORMED BY BUILDERS, GENERAL CONTRACTORS AND
SUBCONTRACTORS; and
(3) "Landscape architect" means a person who
holds a license to practice landscape architecture
in this state under the authority of this chapter,
AS AMENDED BY THIS ACT.
Sec. 2. Section 20-369 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person, except as [hereinafter] provided
IN THIS CHAPTER, AS AMENDED BY THIS ACT, shall
ENGAGE IN THE PRACTICE OF LANDSCAPE ARCHITECTURE
IN THIS STATE OR use the title "landscape
architect" or display or use any words, letters,
figures, title, signs, seal, advertisement or
other device to indicate that such person
practices or offers to practice landscape
architecture IN THIS STATE, unless such person has
first secured a license as provided in this
chapter, AS AMENDED BY THIS ACT.
Sec. 3. Section 20-373 of the general
statutes is repealed and the following is
substituted in lieu thereof:
After notice and opportunity for hearing as
provided in the regulations [established] ADOPTED
by the Commissioner of Consumer Protection, the
board may suspend for a definite period, not to
exceed one year, or may revoke any license or may
officially censure any person holding a license if
it is shown that the license was obtained through
fraud or misrepresentation; or if the holder of
the license has been found guilty by [said] THE
board or by a court of competent jurisdiction of
any fraud or deceit in his professional practice;
or if the holder of the license has been found
guilty by [said] THE board of GROSS NEGLIGENCE OR
gross incompetency; OR IF THE BOARD HAS FOUND THAT
THE LICENSEE HAS VIOLATED ANY PROVISION OF THIS
CHAPTER, AS AMENDED BY THIS ACT, OR THE
REGULATIONS ADOPTED PURSUANT TO THIS CHAPTER, AS
AMENDED BY THIS ACT. The Secretary of the State
shall be immediately notified of such suspension
or revocation. Appeals from the decisions of the
board may be taken as provided in section 4-183,
except such appeals shall be made returnable to
the judicial district of Hartford-New Britain at
Hartford*. The board may authorize the Department
of Consumer Protection to reissue any license
which has been revoked, and it may modify the
suspension of any license which has been
suspended.
Sec. 4. Section 20-374 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Every licensed landscape architect shall
pay an annual license fee to the department. IF
SUCH FEE OR ANY FINE REQUIRED BY SECTION 21a-4 IS
NOT PAID BEFORE DECEMBER THIRTY-FIRST IN THE YEAR
IN WHICH SUCH FEE OR FINE BECOMES DUE, THE BOARD
SHALL SUSPEND THE LANDSCAPE ARCHITECT'S LICENSE
FROM AND AFTER THE EXPIRATION OF THIRTY DAYS FROM
THE DATE OF THE MAILING, BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, POSTAGE PREPAID TO THE
LANDSCAPE ARCHITECT AT HIS OFFICE ADDRESS AS IT
APPEARS IN THE RECORDS OF THE BOARD, OF A NOTICE
OF THE DELINQUENCY OF THE LANDSCAPE ARCHITECT.
SUCH NOTICE SHALL STATE THAT, UPON THE EXPIRATION
OF THE TIME ALLOWED IN THIS SUBSECTION, THE
LICENSE SHALL BE SUSPENDED UNLESS WITHIN SUCH TIME
THE ANNUAL LICENSE FEE OR ANY SUCH FINE, OR BOTH,
ARE REMITTED. A holder of a valid license who is
not engaging in the active practice of his
profession in this state and does not desire to
register may allow his license to lapse by
notifying [said] THE board of his intention not to
renew [said] THE license. After a license has been
allowed to lapse or has been suspended, it may be
reinstated upon payment of a reinstatement fee and
such proof of the landscape architect's
qualifications as may be required in the sound
discretion of the board. The department shall
issue a receipt to each landscape architect
promptly upon the payment of the annual fee for a
license. The amount of fees prescribed by this
chapter, AS AMENDED BY THIS ACT, is that fixed by
the following schedule: (1) The application fee
for examination shall be a nonrefundable fee of
forty dollars; (2) the fee for an initial license
shall be one hundred forty dollars; (3) the fee
for a duplicate license shall be five dollars; (4)
the annual license fee shall be the professional
services fee for class E, as defined in section
33-182l; (5) the reinstatement fee for a suspended
license shall be two hundred dollars; and (6) the
reinstatement fee for a lapsed license shall be
ninety dollars.
(b) THE COMMISSIONER OF CONSUMER PROTECTION
SHALL ADOPT REGULATIONS, IN ACCORDANCE WITH
CHAPTER 54, THAT REQUIRE PERSONS LICENSED IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, AS
AMENDED BY THIS ACT, TO FULFILL A CONTINUING
EDUCATION REQUIREMENT. ANY SUCH PERSON APPLYING TO
RENEW HIS LICENSE SHALL SUBMIT TO THE BOARD SUCH
PROOF OF COMPLIANCE WITH SUCH CONTINUING EDUCATION
REQUIREMENT AS THE COMMISSIONER MAY REQUIRE.
Sec. 5. Section 20-376 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The following persons and activities are
exempted from the provisions of this chapter, [.]
AS AMENDED BY THIS ACT: Any architect registered
under the provisions of chapter 390; AND any
professional engineer [or land surveyor]
registered under chapter 391. [; nurserymen,
landscape nurserymen, gardeners, landscape
gardeners, and general or landscape contractors.]
Nothing in this chapter, AS AMENDED BY THIS ACT,
shall prevent a vendor of goods, SERVICES or
materials, INCLUDING NURSERYMEN, LANDSCAPE
NURSERYMEN, GARDENERS, LANDSCAPE GARDENERS, AND
GENERAL OR LANDSCAPE CONTRACTORS, from providing
drawings or graphic diagrams necessary for the
proper layout of his goods or materials, [nor
shall anything] OR PREVENT A LANDSCAPE DESIGNER
FROM ENGAGING IN, FOR A FEE, THE DESIGN OF SPACES
UTILIZING PLANT MATERIALS AND INCIDENTAL PAVING
AND BUILDING MATERIALS OR ARRANGING FOR
INSTALLATION OF THE SAME. NOTHING in this chapter,
AS AMENDED BY THIS ACT, SHALL be construed in any
manner to prohibit any person from making plans,
drawings, or specifications for any property owned
by him. Notwithstanding the provisions of this
section, any person exempted under this section or
any persons engaged in activities exempted under
this section shall not use the title "landscape
architect" unless such persons comply with the
provisions of section 20-369, AS AMENDED BY
SECTION 2 OF THIS ACT.
Approved June 24, 1997