SECTIONS 5640-5644 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5640-5644

5640. It is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment, for a person to do any
of the following without possessing a valid, unrevoked license as
provided in this chapter:
(a) Engage in the practice of landscape architecture.
(b) Use the title or term "landscape architect," "landscape
architecture," "landscape architectural," or any other titles, words,
or abbreviations that would imply or indicate that he or she is a
landscape architect as defined in Section 5615.
(c) Use the stamp of a licensed landscape architect, as provided
in Section 5659.
(d) Advertise or put out a sign, card, or other device that might
indicate to the public that he or she is a licensed landscape
architect or qualified to engage in the practice of landscape
architecture.

5641. This chapter shall not be deemed to prohibit any person from
preparing drawings for the conceptual design and placement of
tangible objects and landscape features or plans, drawings, and
specifications for the selection, placement, or use of plants for a
single family dwelling. Construction documents, details, or
specifications for the tangible objects or landscape features, and
alteration of site requiring grading and drainage plans shall be
prepared by a licensed professional as required by law.

5641.1. This chapter shall not be deemed to prohibit any person
from preparing any plans, drawings, or specifications for any
property owned by that person.

5641.2. Every person who holds a valid license issued by the State
of California under the provisions of Chapter 1 (commencing with
Section 6721) of the Food and Agricultural Code, authorizing
engagement in the business of selling nursery stock in this state,
may engage in the preparation of planting plans or drawings as an
adjunct to merchandising nursery stock and related products, but may
not use the title of landscape architect. That activity is exempt
from licensure under the provisions of this chapter.

5641.3. An architect, professional engineer or land surveyor
licensed or registered under the statutes of this state, insofar as
the licensed or registered professional practices the profession for
which he or she is licensed or registered, is exempt from the
provisions of this chapter, except that an architect, professional
engineer, or land surveyor may not use the title "landscape architect"
unless he or she holds a license as required under this chapter.

5641.4. A landscape contractor licensed under the statutes of this
state, insofar as he or she works within the classification for which
the license is issued, may design systems and facilities for work to
be performed and supervised by that landscape contractor and is
exempt from the provisions of this chapter, except that a landscape
contractor may not use the title "landscape architect" unless he or
she holds a license as required under this chapter.

5641.5. (a) Nothing contained in this chapter shall be deemed to
prohibit a person from engaging in the practice of, or offering to
practice as, a golf course architect.
(b) As used in this section, "golf course architect" means a
person who performs professional services such as consultation,
investigation, reconnaissance, research, design, preparation of
drawings and specifications and responsible supervision, where the
dominant purpose of such service is the design of a golf course, in
accordance with accepted professional standards of public health and
safety.

5641.6. (a) Nothing contained in this chapter shall be deemed to
prohibit a person from engaging in the practice of, or offering to
practice as, an irrigation consultant.
(b) As used in this section, "irrigation consultant" means a
person who performs professional services such as consultation,
investigation, reconnaissance, research, design, preparation of
drawings and specifications and responsible supervision, where the
dominant purpose of such service is the design of landscape
irrigation, in accordance with accepted professional standards of
public health and safety.

5642. This chapter shall not be deemed to prevent a landscape
architect from forming a partnership, firm, or corporation with, or
employing, persons who are not landscape architects if the signature,
date, and license number of the landscape architect appears on all
instruments of service. In no case shall the other members of the
partnership, firm, or corporation be designated or described as
landscape architects.
The name of the licensed landscape architect shall appear wherever
the firm name is used in the professional practice of the
partnership, firm, or corporation, and the landscape architect shall
reside in California when the partnership, firm, or corporation
maintains a California office or mailing address. The name of the
licensee shall appear on all partnership, firm, or corporation
stationery, brochures, business cards and any instruments of service
used or provided in the professional practice of the partnership,
firm, or corporation.
No partnership, firm, or corporation shall engage in the practice
of landscape architecture unless the work is under the immediate and
responsible direction of a licensee of the board.
Failure of any person to comply with this section constitutes a
ground for disciplinary action.

5644. Any person who holds a valid state license or other authority
that authorizes the person to engage in a business or occupation,
insofar as the person engages in a professional, occupational, or
business activity within the scope of that license or other
authority, shall not be required to be licensed under this chapter.