SECTIONS 5615-5624 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5615-5624

5615. As used in this chapter:
"Landscape architect" means a person who holds a license to
practice landscape architecture in this state under the authority of
this chapter.
A person who practices landscape architecture within the meaning
and intent of this article is a person who offers or performs
professional services, for the purpose of landscape preservation,
development and enhancement, such as consultation, investigation,
reconnaissance, research, planning, design, preparation of drawings,
construction documents and specifications, and responsible
construction observation. Landscape preservation, development and
enhancement is the dominant purpose of services provided by landscape
architects. Implementation of that purpose includes: (1) the
preservation and aesthetic and functional enhancement of land uses
and natural land features; (2) the location and construction of
aesthetically pleasing and functional approaches and settings for
structures and roadways; and, (3) design for trails and pedestrian
walkway systems, plantings, landscape irrigation, landscape lighting,
landscape grading and landscape drainage.
Landscape architects perform professional work in planning and
design of land for human use and enjoyment. Based on analyses of
environmental physical and social characteristics, and economic
considerations, they produce overall plans and landscape project
designs for integrated land use.
The practice of a landscape architect may, for the purpose of
landscape preservation, development and enhancement, include:
investigation, selection, and allocation of land and water resources
for appropriate uses; feasibility studies; formulation of graphic and
written criteria to govern the planning and design of land
construction programs; preparation review, and analysis of master
plans for land use and development; production of overall site plans,
landscape grading and landscape drainage plans, irrigation plans,
planting plans, and construction details; specifications; cost
estimates and reports for land development; collaboration in the
design of roads, bridges, and structures with respect to the
functional and aesthetic requirements of the areas on which they are
to be placed; negotiation and arrangement for execution of land area
projects; field observation and inspection of land area construction,
restoration, and maintenance.
This practice shall include the location, arrangement, and design
of those tangible objects and features as are incidental and
necessary to the purposes outlined herein. Nothing herein shall
preclude a duly licensed landscape architect from planning the
development of land areas and elements used thereon or from
performing any of the services described in this section in
connection with the settings, approaches, or environment for
buildings, structures, or facilities, in accordance with the accepted
public standards of health, safety, and welfare.
This chapter shall not empower a landscape architect, licensed
under this chapter, to practice, or offer to practice, architecture
or engineering in any of its various recognized branches.

5616. (a) A landscape architect shall use a written contract when
contracting to provide professional services to a client pursuant to
this chapter. The written contract shall be executed by the landscape
architect and the client, or their representatives, prior to the
landscape architect commencing work, unless the client knowingly
states in writing that work may be commenced before the contract is
executed. The written contract shall include, but not be limited to,
all of the following:
(1) A description of services to be provided by the landscape
architect to the client.
(2) A description of any basis of compensation applicable to the
contract, including the total price that is required to complete the
contract, and the method of payment agreed upon by both parties.
(3) A notice that reads:
"Landscape architects are licensed by the State of California."
(4) The name, address, and license number of the landscape
architect and the name and address of the client.
(5) A description of the procedure that the landscape architect
and client will use to accommodate additional services.
(6) A description of the procedure to be used by either party to
terminate the contract.
(b) This section shall not apply if the client knowingly states in
writing after full disclosure of this section that a contract that
complies with this section is not required.
(c) This section shall not apply to any of the following:
(1) Professional services rendered by a landscape architect for
which the client will not pay compensation.
(2) An arrangement as to the basis for compensation and manner of
providing professional services implied by the fact that the
landscape architect's services are of the same general kind that the
landscape architect has previously rendered to, and received payment
for from, the same client.
(3) Professional services rendered by a landscape architect to any
of the following:
(A) A landscape architect licensed under this chapter.
(B) An architect licensed under Chapter 3 (commencing with Section
5500).
(C) A professional engineer licensed under Chapter 7 (commencing
with Section 6700).
(D) A contractor licensed under Chapter 9 (commencing with Section
7000).
(E) A geologist or geophysicist licensed under Chapter 12.5
(commencing with Section 7800).
(F) A professional land surveyor licensed under Chapter 15
(commencing with Section 8700).
(G) A manufacturing, mining, public utility, research and
development, or other industrial corporation, if the services are
provided in connection with, or incidental to, the products, systems,
or services of that corporation or its affiliates.
(H) A public agency.
(d) As used in this section, "written contract" includes a
contract that is in electronic form.

5620. The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects Board. The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
Whenever in this chapter "board" is used, it refers to the
California Architects Board.
(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
(c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
(d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

5620.1. Protection of the public shall be the highest priority for
the Landscape Architects Technical Committee in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.

5621. (a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture in
this state. The Governor shall appoint three of the members. The
Senate Committee on Rules and the Speaker of the Assembly shall
appoint one member each.
(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a term of
two years; and one member for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed, whichever
first occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects
committee for more than two consecutive terms.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

5622. (a) The landscape architects committee may assist the board
in the examination of candidates for a landscape architect's license
and, after investigation, evaluate and make recommendations regarding
potential violations of this chapter.
(b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation of
landscape architects in this state.
(c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.
(d) The landscape architects committee may send a representative
to all meetings of the full board to report on the committee's
activities.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

5624. Each member of the landscape architects committee shall
receive per diem and expenses, as provided in Section 103.